chapter 14 the presidency. presidents vs. prime ministers outsider vs. insider executive cabinet...
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CHAPTER 14
THE PRESIDENCY
PRESIDENTS VS. PRIME MINISTERS
outsider vs. insider executive cabinet
unified vs. divided government executive vs. legislative power
PRESIDENTS AN DIVIDED GOVERNMENT
divided vs. unified government divided government is the norm voter dislike of divided government (gridlock)
does gridlock matter? output of unified and divided is the same
is gridlock a bad thing? forced by constitutional structure accommodates a multitude of interests
EVOLUTION OF THE PRESIDENCY
The Framers and the Presidency fears of executive military power directed the
states fear of executive corruption of the Senate fear of presidential bribery to ensure
reelection Solution: The Electoral College
EVOLUTION OF THE PRESIDENCY
Presidential term of office Washington—precedent of two terms 22nd Amendment (1951) provision for an orderly transfer of power
POWERS OF THE PRESIDENT
Formal Powers (Article II, Sections 2, 3)
Sole Powers commander-in-chief grants reprieves and pardons delivers State of the Union special session receives ambassadors and other representatives
from foreign nations commissions military officers
POWERS OF THE PRESIDENT
Shared Powers treaties
ratification appointments
“advice and consent” legislative powers
veto
POWERS OF THE PRESIDENT
Informal Powers access to information access to people patronage federal spending
SPECIAL POWERS OF THE PRESIDENT
Power to Persuade coattail effect presidential popularity honeymoon period bully pulpit
Veto Power veto message pocket veto line item veto signing statements
SPECIAL POWERS OF THE PRESIDENT
Executive Privilege US v Nixon (1973)
Impoundment Budget Reform Act (1974)
GROWTH OF PRESIDENTIAL POWER
19th century view (clerical presidency) executor of laws administer executive branch
20th century view (Imperial presidency) formal vs. informal powers
IMPERIAL PRESIDENCY
Expansion of presidential power war powers
undeclared wars foreign policy
executive agreements economic policy
fiscal policy legislative power
executive agenda
ROLES OF THE PRESIDENT
Head of State represents the nation to the rest of the world a personal symbol of the nation
ROLES OF THE PRESIDENT
Chief Executive execution and enforcement of law heads the federal bureaucracy executive orders
presidential guidelines for implementing laws carry the force of law
Example—Truman’s desegregating the military (1948)
ROLES OF THE PRESIDENT
Commander in Chief war powers are divided between the president
and Congress Congress: declare war, maintain armed forces President: strategy and military leadership
War Powers Resolution (1973) limits presidential troop commitment to 60
days (90 if needed for safe removal) without congressional approval
ROLES OF THE PRESIDENT
Chief Diplomat directs the foreign policy of the US treaties
sole power to negotiate and sign treaties executive agreements
agreement between the president and other heads of state
carry the same legal weight as treaties
ROLES OF THE PRESIDENT
Chief Legislator State of the Union Legislative Programs Veto Power Special Sessions
ROLES OF THE PRESIDENT
Political Party Leader and Politician president is the head of his political party Duties as party leader:
choose a VP patronage attempt to fulfill the party platform raise money for the party political support to party members
unified vs. divided government
ROLES OF THE PRESIDENT
Chief Economist fiscal policy
budget proposal Office of Management and Budget (OMB)
ROLES OF THE PRESIDENT
appointments and removal pardons
release from legal punishment reprieve
postponement of legal punishment amnesty
special pardon given to a certain group of people who have committed a crime against the government
OFFICE OF THE PRESIDENT
The White House Office president’s closest and most trusted advisors do not need Senate approval organizational structure:
pyramidal (Ike, Nixon) circular (Carter) ad hoc (FDR, Clinton)
influence depends on one’s access and proximity to the president
OFFICE OF THE PRESIDENT
Executive Office of the President (EOP) report directly to the president and perform
staff services not located in the White House
Office of Management and Budget (OMB) National Security Council (NSC) Council of Economic Advisors Office of the U.S. Trade Representative
OFFICE OF THE PRESIDENT
Cabinet (15 Executive Secretaries) appointed by the president and approved by
the Senate considerations in choosing cabinet members: role and Influence of the Cabinet
inner cabinet vs. outer cabinet limits on cabinet influence
conflicting Loyalties internal Disputes secrecy and trust
OFFICE OF THE PRESIDENT
Presidential Agencies report directly to the president can remove leadership
Independent Agencies report directly to the president cannot remove leadership
PRESIDENTIAL TRANSISTION
Vice President Constitutional duties
preside over the Senate assume the presidency
Presidential Succession and Disability Succession Act of 1947 25th Amendment (1967)
IMPEACHMENT
all “civil officers of the United States” two-step process:
articles of impeachment (House) trial and removal (Senate)
standard of guilty or innocent of “high crimes and misdemeanors”
ELECTORAL COLLEGE
The Original Electoral System each state would choose electors by the state’s
chosen method 1st place: President, 2nd place: Vice President
Twelfth Amendment (1804) separate ballots for President and VP if no candidate receives a majority, the House
chooses from top three electoral vote-getters
ELECTORAL COLLEGE
Modern Electoral System electors then cast state’s votes for their party’s
candidates based on primary results 538 total electors; 270 to win winner-take-all system in most states
ELECTORAL COLLEGE
Issues with the Electoral College winner-take-all system electoral college winner vs. popular vote winner third-party candidates campaigns decided by the House
Ideas for Changes to the Electoral College choose electors from congressional districts electoral percentage to match popular vote percentage use the popular vote
CHAPTER 15
THE BUREAUCRACY
THE FEDERAL BUREAUCRACY
Bureaucracy: a large, complex organization composed of
appointed officials authority is divided among multiple decision-makers
Max Weber bureaucratic model of power
distinctiveness of the U.S. bureaucracy separation of powers federalism economic regulation
GROWTH OF THE BUREAUCRACY
Constitutional provisions no significant provisions for a bureaucracy to s presidential appointments departments, bureaus, etc. were not mentioned
Modern bureaucracy product of the Great Depression and World War II
changes in public attitudes constitutional interpretation expanded the
economic and social role of the federal government
WHAT JOBS DO BUREAUCRATS DO?
APPOINTMENT
patronage (spoils system) Pendleton Act (1883) Office of Personnel Management (OPM)
competitive service excepted service patronage
still a realistic part of the game diversity
creates controversy over equal employment opportunity, affirmative action, etc.
ORGANIZATION OF THE FEDERAL BUREAUCRACY
TYPES OF BUREAUCRATIC AGENCIES
Executive Departments (15) Independent Executive and Regulatory Agencies
designed to impose and enforce regulations free of political influence
Consumer Product Safety Commission Nuclear Regulatory Commission Federal Communications Commission Securities and Exchange Commission National Aeronautics and Space Administration
TYPES OF BUREAUCRATIC AGENCIES
Government Corporations a separate set of corporations chartered and
owned by the federal government Federal Deposit Insurance Corporation United States Post Office
BUREAUCRATIC POWER: THE “4TH BRANCH”?
Policy Implementation many laws passed by Congress do not specify
exactly how the law should be implemented administrative law
law created by executive agencies to refine general laws passed by Congress
examples: Affordable Healthcare Act Environmental Protection Agency Food and Drug Administration
BUREAUCRATIC POWER: THE “4TH BRANCH”?
Regulatory Authority elastic clause (“necessary and proper”) commerce clause
History of Regulation Munn v Illinois (1877) Interstate Commerce Commission (1887)
Elements of Regulation Congress creates an agency agency establishes guidelines agency enforces guidelines
BUREAUCRATIC POWER: THE “4TH BRANCH”?
Discretionary Authority Congress has delegated substantial authority to
federal agencies in three areas: paying subsidies transferring money for grant-in-aid programs devising and enforcing regulations
CONTROLLING THE BUREAUCRACY
Executive Control appointments
Hatch Act (1939) executive orders OMB
CONTROLLING THE BUREAUCRACY
Legislative Control Senate confirmation of appointments budget:
authorization bill appropriations bill
create or destroy government agencies Congressional oversight legislative veto
INS v Chadha (1983)
CONTROLLING THE BUREAUCRACY
Iron Triangle the influence on policymaking by interests in the federal
bureaucracy, interest groups, and congressional committees
created strong, mutually beneficial alliances executive department did what the committee asked department gets budgetary and political support from
the committee interest group provides votes and election funds to
committee members
CONTROLLING THE BUREAUCRACY
Issue Alliance or Network multiple interests compete for influence with
the government bureaucracy and congressional committees
these networks are often contentious, split over ideology, and economic goals
REFORMING THE BUREAUCRACY
Red Tape complex, and often redundant, rules and procedures can Pit federal agencies against one another, creating:
turf wars (e.g. Homeland Security) waste and inefficiency
National Performance Review (1993) overseen by Vice President Al Gore called for less central management, more employee
initiative, and more focus on customer satisfaction
REFORMING THE BUREAUCRACY
Whistleblower Protection Act (1989) protects federal employees who report agency
misconduct agency authorities cannot take or threaten
retaliatory action
Revolving Door movement from roles as legislators/federal
bureaucrats and the industries affected by the legislation and regulation