the white house office (who), the executive office of the presidency (eop), and the executive branch

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THE WHITE HOUSE THE WHITE HOUSE OFFICE (WHO), THE OFFICE (WHO), THE EXECUTIVE OFFICE OF EXECUTIVE OFFICE OF THE PRESIDENCY THE PRESIDENCY (EOP), and the (EOP), and the EXECUTIVE BRANCH EXECUTIVE BRANCH

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Page 1: THE WHITE HOUSE OFFICE (WHO), THE EXECUTIVE OFFICE OF THE PRESIDENCY (EOP), and the EXECUTIVE BRANCH

THE WHITE HOUSE THE WHITE HOUSE OFFICE (WHO), THE OFFICE (WHO), THE EXECUTIVE OFFICE EXECUTIVE OFFICE

OF THE PRESIDENCY OF THE PRESIDENCY (EOP), and the (EOP), and the

EXECUTIVE BRANCHEXECUTIVE BRANCH

Page 2: THE WHITE HOUSE OFFICE (WHO), THE EXECUTIVE OFFICE OF THE PRESIDENCY (EOP), and the EXECUTIVE BRANCH

WHO – Chief of StaffWHO – Chief of Staff• I. CHIEF OF STAFF: Managerial, I. CHIEF OF STAFF: Managerial,

Advisory, and Surrogate/Alter Ego Advisory, and Surrogate/Alter Ego RolesRoles

• A.) A.) Manageria1 RoleManageria1 Role• 1.) Selecting personnel (but not always for latecomers)1.) Selecting personnel (but not always for latecomers)• 2.) Deciding on Structure of WHO (tight or loose)2.) Deciding on Structure of WHO (tight or loose)• 3.) Supervising Flow of Paper/People/Options/Decisions in and 3.) Supervising Flow of Paper/People/Options/Decisions in and

out of the WHout of the WH• --must engage in “dual adaptation”--must engage in “dual adaptation”• --be sensitive to presidential preferences on information --be sensitive to presidential preferences on information

acquisitionacquisition• --compensate for weaknesses, guard against excessive --compensate for weaknesses, guard against excessive

tendenciestendencies• TWO DANGERS OF INFORMATION NOT GETTING TO THE TWO DANGERS OF INFORMATION NOT GETTING TO THE

PRESIDENTPRESIDENT

Page 3: THE WHITE HOUSE OFFICE (WHO), THE EXECUTIVE OFFICE OF THE PRESIDENCY (EOP), and the EXECUTIVE BRANCH

WHO—WHO—Chief of StaffChief of Staff

• B.) B.) Advisory RoleAdvisory Role• 1.) CoS is one of the few advisors who 1.) CoS is one of the few advisors who

must integrate “policy” and “political” must integrate “policy” and “political” consequencesconsequences

• 2.) Protect president from mistakes and 2.) Protect president from mistakes and rushed decisions (Haldeman – Nixon)rushed decisions (Haldeman – Nixon)

• 3.) Prevent president from making 3.) Prevent president from making inflexible commitments---provide inflexible commitments---provide opportunities to back out (Panetta – opportunities to back out (Panetta – Clinton)Clinton)

Page 4: THE WHITE HOUSE OFFICE (WHO), THE EXECUTIVE OFFICE OF THE PRESIDENCY (EOP), and the EXECUTIVE BRANCH

• C.) C.) “Alter Ego”/Surrogate Role“Alter Ego”/Surrogate Role

1.) President’s SOB or “bad cop”1.) President’s SOB or “bad cop”

2.) Useful surrogate in behind-2.) Useful surrogate in behind-the-scenes negotiationsthe-scenes negotiations

3.) How much of a public figure in 3.) How much of a public figure in his/her own right? Sununuhis/her own right? Sununu

WHO—WHO—Chief of StaffChief of Staff

Page 5: THE WHITE HOUSE OFFICE (WHO), THE EXECUTIVE OFFICE OF THE PRESIDENCY (EOP), and the EXECUTIVE BRANCH

WHO – Office of WHO – Office of CommunicationsCommunications

• Emerged after, and in response to needs Emerged after, and in response to needs unaddressed by, White House Press Officeunaddressed by, White House Press Office

• 1.) More strategic and proactive than 1.) More strategic and proactive than WHPOWHPO

• 2.) Outreach to local and specialized press 2.) Outreach to local and specialized press instead of Washington press corpsinstead of Washington press corps

3.) Coordinate with other executive branch 3.) Coordinate with other executive branch agencies to emphasize “theme of the day”agencies to emphasize “theme of the day”

---Starting with Deaver, an emphasis on ---Starting with Deaver, an emphasis on VISUALSVISUALS

Page 6: THE WHITE HOUSE OFFICE (WHO), THE EXECUTIVE OFFICE OF THE PRESIDENCY (EOP), and the EXECUTIVE BRANCH

WHO -- White House Office WHO -- White House Office of Communicationsof Communications

• The Presidential Communications YearThe Presidential Communications Year• January: budget and State of the Union January: budget and State of the Union

speechspeech• Spring: promoting budget and Spring: promoting budget and

legislationlegislation• May-June: commencement addressesMay-June: commencement addresses• Summer: G-8 SummitSummer: G-8 Summit• September: Opening of UN SessionSeptember: Opening of UN Session• October: Fiscal year deadlinesOctober: Fiscal year deadlines

Page 7: THE WHITE HOUSE OFFICE (WHO), THE EXECUTIVE OFFICE OF THE PRESIDENCY (EOP), and the EXECUTIVE BRANCH

WHO-Office of WHO-Office of CommunicationsCommunications

• SpeechwritingSpeechwriting• Judson WelliverJudson Welliver• FDR thru JFK: high-level policy advisers with FDR thru JFK: high-level policy advisers with

high/early presidential involvementhigh/early presidential involvement• LBJ: developed two-tier hierarchy of speeches and LBJ: developed two-tier hierarchy of speeches and

writerswriters• Nixon: first to establish special speechwriting office; Nixon: first to establish special speechwriting office;

PR rather than policy emphasisPR rather than policy emphasis• Ford, Carter, Reagan, Bush 41: conflict between Ford, Carter, Reagan, Bush 41: conflict between

policy and SW staff, little access to president, late policy and SW staff, little access to president, late presidential involvementpresidential involvement

• Clinton and Bush 43: the return of high presidential Clinton and Bush 43: the return of high presidential involvement and access and high (policy) statusinvolvement and access and high (policy) status

Page 8: THE WHITE HOUSE OFFICE (WHO), THE EXECUTIVE OFFICE OF THE PRESIDENCY (EOP), and the EXECUTIVE BRANCH

WHO – White House WHO – White House CounselCounsel

• Not the president’s personal lawyer, nor the nation’s Not the president’s personal lawyer, nor the nation’s lawyer, but the lawyer, but the Presidency’sPresidency’s lawyer lawyer

• FUNCTIONSFUNCTIONS• 1.) Provide legal advice before the fact, and legal 1.) Provide legal advice before the fact, and legal

defense after the fact: defense after the fact: • ---executive privilege claims---executive privilege claims• ---war powers---war powers• ---presidential disability and succession---presidential disability and succession

---executive orders---executive orders• 2.) Assisting appoint of Federal Judges2.) Assisting appoint of Federal Judges• 3.) Ethics training for WH employees3.) Ethics training for WH employees• 4.) Legislative matters --- signing statements4.) Legislative matters --- signing statements• 5.) Acting as intermediary between White House 5.) Acting as intermediary between White House

and DoJand DoJ

Page 9: THE WHITE HOUSE OFFICE (WHO), THE EXECUTIVE OFFICE OF THE PRESIDENCY (EOP), and the EXECUTIVE BRANCH

WHO – Office of Legislative WHO – Office of Legislative AffairsAffairs

(sometimes known as Office of (sometimes known as Office of Congressional Relations or Office of Congressional Relations or Office of

Legislative Liaison)Legislative Liaison)• HistoryHistory• FunctionsFunctions

1.) Direct lobbying and intelligence gathering1.) Direct lobbying and intelligence gathering2.) Assuring WH speaks w/single voice2.) Assuring WH speaks w/single voice3.) Participating in formulation of legislation3.) Participating in formulation of legislation4.) Patronage requests (e.g. senatorial 4.) Patronage requests (e.g. senatorial courtesy)courtesy)5.) Orchestrating indirect lobbying/grassroots 5.) Orchestrating indirect lobbying/grassroots effortsefforts6.) Doling out presidential “goodies”6.) Doling out presidential “goodies”7.) Scorekeeping7.) Scorekeeping

Page 10: THE WHITE HOUSE OFFICE (WHO), THE EXECUTIVE OFFICE OF THE PRESIDENCY (EOP), and the EXECUTIVE BRANCH

WHO – White House Press WHO – White House Press OfficeOffice

(Office of the Press (Office of the Press Secretary)Secretary)• Main clientele: full-time White House Main clientele: full-time White House

CorrespondentsCorrespondents• Change in function of press over timeChange in function of press over time• ---less intermediary function---less intermediary function• ---change to 24-hr. news cycle---change to 24-hr. news cycle• FUNCTIONSFUNCTIONS• --daily press briefings and gaggles--daily press briefings and gaggles

--press releases and background info--press releases and background info--prepare Pres for press conferences--prepare Pres for press conferences

• --crisis management--crisis management• --handle logistics for White House --handle logistics for White House

CorrespondentsCorrespondents

Page 11: THE WHITE HOUSE OFFICE (WHO), THE EXECUTIVE OFFICE OF THE PRESIDENCY (EOP), and the EXECUTIVE BRANCH

WHO – White House Press WHO – White House Press OfficeOffice

• HOW “in-the-loop” should Press HOW “in-the-loop” should Press Secretary be?Secretary be?

• How much role in the policymaking How much role in the policymaking process should he or she play?process should he or she play?

QUESTION: Is it better for the Press QUESTION: Is it better for the Press Secretary to be well-informed, and Secretary to be well-informed, and occasionally have to lie, or to be less occasionally have to lie, or to be less well-informed and honest?well-informed and honest?

Examples: Mike McCurry, Larry SpeakesExamples: Mike McCurry, Larry Speakes

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WHO – Other OfficesWHO – Other Offices

• WHITE HOUSE STAFF SECRETARYWHITE HOUSE STAFF SECRETARY• Manager of the president’s in-box and out-box Manager of the president’s in-box and out-box

(works with Chief of Staff)(works with Chief of Staff)• Supervisor of the vetting process: “idea killer”Supervisor of the vetting process: “idea killer”• Manager of the mailManager of the mail

• OFFICE OF INTERGOVERNMENTAL AFFAIRSOFFICE OF INTERGOVERNMENTAL AFFAIRS• --Why created: Executive Order 12612--Why created: Executive Order 12612• ---Nature of issues dealt with---Nature of issues dealt with• ---Work with IGOs---Work with IGOs

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WHO – Other OfficesWHO – Other Offices

• OFFICE OF POLITICAL AFFAIRSOFFICE OF POLITICAL AFFAIRS• Under Karl Rove, replaced by “Office of Under Karl Rove, replaced by “Office of

Strategic Initiatives”Strategic Initiatives”

• OFFICE OF PUBLIC LIAISONOFFICE OF PUBLIC LIAISON• --Created by Ford administration--Created by Ford administration• --Outreach to new and hostile groups, care --Outreach to new and hostile groups, care

and feeding of supportive groupsand feeding of supportive groups• --Orchestrate lobbying efforts on behalf of --Orchestrate lobbying efforts on behalf of

prezprez• --Stepping stone to bigger and better things--Stepping stone to bigger and better things

Page 14: THE WHITE HOUSE OFFICE (WHO), THE EXECUTIVE OFFICE OF THE PRESIDENCY (EOP), and the EXECUTIVE BRANCH

WHO – Other OfficesWHO – Other Offices

• Office of Presidential Personnel (will Office of Presidential Personnel (will discuss later)discuss later)

• First Lady’s OfficeFirst Lady’s Office• Vice-President’s OfficeVice-President’s Office• Advance and SchedulingAdvance and Scheduling• Coming up next: THE EXECUTIVE Coming up next: THE EXECUTIVE

OFFICE OF THE PRESIDENT!OFFICE OF THE PRESIDENT!

Page 15: THE WHITE HOUSE OFFICE (WHO), THE EXECUTIVE OFFICE OF THE PRESIDENCY (EOP), and the EXECUTIVE BRANCH

Exec. Office of the Exec. Office of the President (EOP): President (EOP): Office of Office of

Management & Budget (OMB)Management & Budget (OMB)• 1.) Original function: (1921) 1.) Original function: (1921) Budgetary clearanceBudgetary clearance

2.) Additional function (1930s): 2.) Additional function (1930s): Legislative clearanceLegislative clearance• --executive branch proposals: in accord, no objection, --executive branch proposals: in accord, no objection,

not in accordnot in accord--pending legislation in Congress: SAPs--pending legislation in Congress: SAPs

• 3.) Additional function (1930s): 3.) Additional function (1930s): Enrolled Bill Enrolled Bill ProcedureProcedure

• 3.) Additional function (1980s): 3.) Additional function (1980s): Regulatory clearanceRegulatory clearance• Office of Information and Regulatory Affairs (OIRA)Office of Information and Regulatory Affairs (OIRA)• Executive Order 12291: mandated CBAExecutive Order 12291: mandated CBA• Executive Order 12498: mandated annual regulatory Executive Order 12498: mandated annual regulatory

programsprograms• Apex of influence: David Stockman 1981-82, Richard Apex of influence: David Stockman 1981-82, Richard

Darman 1989-1992Darman 1989-1992

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Exec. Office of President Exec. Office of President (EOP)(EOP)

National Security Council National Security Council (NSC)(NSC)• Three different possible roles of National Three different possible roles of National

Security Adviser/National Security CouncilSecurity Adviser/National Security Council• 1.) integrator/coordinator/”honest broker”1.) integrator/coordinator/”honest broker”• 2.) one among equals: multiple advocacy2.) one among equals: multiple advocacy• 3.) foreign/defense policy chief (Kissinger)3.) foreign/defense policy chief (Kissinger)• Which role did Dr. Rice play? What about Which role did Dr. Rice play? What about

Hadley?Hadley?

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Exec. Office of the Exec. Office of the President (EOP)President (EOP)

Domestic Council (a.k.a. Domestic Council (a.k.a. OPD)OPD)•What preceded it: Cabinets, What preceded it: Cabinets,

kitchen cabinets, “brain trusts,” kitchen cabinets, “brain trusts,” task forces/commissionstask forces/commissions

•Why Nixon created itWhy Nixon created it•Ford, Carter (apex of influence)Ford, Carter (apex of influence)•Reagan: Cabinet CouncilsReagan: Cabinet Councils•Bush 41, ClintonBush 41, Clinton

Page 18: THE WHITE HOUSE OFFICE (WHO), THE EXECUTIVE OFFICE OF THE PRESIDENCY (EOP), and the EXECUTIVE BRANCH

EOP cont’d: Council of EOP cont’d: Council of Economic Advisers (CEA)Economic Advisers (CEA)

• Symbolized “arrival” of Keynesian Symbolized “arrival” of Keynesian Economics and economics as a scienceEconomics and economics as a science

• Objective analysis or advocacy?Objective analysis or advocacy?• JFK: Walter Heller (apex of influence), JFK: Walter Heller (apex of influence),

tax cuttax cut• The “Troika” and the “Quadriad”The “Troika” and the “Quadriad”• Stagflation, decline of the Keynesians, Stagflation, decline of the Keynesians,

and the rise of the supply siders (the and the rise of the supply siders (the Laffer curve) and monetaristsLaffer curve) and monetarists

Page 19: THE WHITE HOUSE OFFICE (WHO), THE EXECUTIVE OFFICE OF THE PRESIDENCY (EOP), and the EXECUTIVE BRANCH

EOP Cont’d: Office of the EOP Cont’d: Office of the Special Trade Special Trade

Representative (STR)Representative (STR)• Why formed: “Kennedy round” of Why formed: “Kennedy round” of

GATT, formation of Common Market GATT, formation of Common Market (later EU), BoP problem(later EU), BoP problem

• JFK got Cabinet-level status and staff JFK got Cabinet-level status and staff and broad negotiating authorityand broad negotiating authority

• Bush 41 and “FAST TRACK”: enabled Bush 41 and “FAST TRACK”: enabled NAFTA, “Uruguay Round” of GATTNAFTA, “Uruguay Round” of GATT

• Fast track is back! CAFTAFast track is back! CAFTA

Page 20: THE WHITE HOUSE OFFICE (WHO), THE EXECUTIVE OFFICE OF THE PRESIDENCY (EOP), and the EXECUTIVE BRANCH

EOP Cont’d: Office of EOP Cont’d: Office of Science and Technology Science and Technology

Policy (OSTP)Policy (OSTP)• Why created: Sputnik and Ike, atomic Why created: Sputnik and Ike, atomic

powerpower• Similar dilemma to CEA: academic or Similar dilemma to CEA: academic or

political?political?• Expanding jurisdiction: from nukes and Expanding jurisdiction: from nukes and

space to environment, health care, cloning space to environment, health care, cloning and stem cellsand stem cells

• Nixon abolished, Ford brought backNixon abolished, Ford brought back• Often eclipsed by higher status science-Often eclipsed by higher status science-

oriented advisers (Sununu, Gore)oriented advisers (Sununu, Gore)

Page 21: THE WHITE HOUSE OFFICE (WHO), THE EXECUTIVE OFFICE OF THE PRESIDENCY (EOP), and the EXECUTIVE BRANCH

EOP Cont’d: National EOP Cont’d: National Economic and Homeland Economic and Homeland

Security CouncilsSecurity Councils• NEC created by Clinton, kept by NEC created by Clinton, kept by

BushBush• Don’t have anything else to say: go Don’t have anything else to say: go

to White House website for info!to White House website for info!• Hierarchy of WHO/EOP TITLESHierarchy of WHO/EOP TITLES• --Assistant to the President (highest)--Assistant to the President (highest)• --Deputy Assistant to the President--Deputy Assistant to the President

--Special Assistant to the President--Special Assistant to the President

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THE FEDERAL THE FEDERAL BUREAUCRACY – what’s in BUREAUCRACY – what’s in

itit• 1.) Cabinet agencies:1.) Cabinet agencies:• ex. Depts of Transportation, Labor, Justice, State, etc.ex. Depts of Transportation, Labor, Justice, State, etc.• ---older, more prestigious---older, more prestigious• ---single-headed (Secretary)---single-headed (Secretary)• ---implementation-oriented, some regulatory authority---implementation-oriented, some regulatory authority• ---president has full removal power---president has full removal power

• 2.) Independent (non-Cabinet) agencies)2.) Independent (non-Cabinet) agencies)• ex. NASA, EPA, CIA, SBA, Peace Corpsex. NASA, EPA, CIA, SBA, Peace Corps• ---newer, more specialized---newer, more specialized• ---single-headed (Director)---single-headed (Director)

---implementation-oriented, more regulatory authority---implementation-oriented, more regulatory authority• ---president has full removal power---president has full removal power

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THE FEDERAL THE FEDERAL BUREAUCRACY----what’s in BUREAUCRACY----what’s in

itit• 3.) Independent regulatory commissions (IRCs)3.) Independent regulatory commissions (IRCs)• Ex. FCC, FEC, FTC, NRC, SEC, Federal ReserveEx. FCC, FEC, FTC, NRC, SEC, Federal Reserve• ---multiple-headed (board or commission)---multiple-headed (board or commission)

---broad regulatory (policy-making) and adjudication ---broad regulatory (policy-making) and adjudication authority as well as executive authority---”mini-govts.”authority as well as executive authority---”mini-govts.”

• ---commission/board members have long, staggered terms ---commission/board members have long, staggered terms and can’t be removed by president for political reasons and can’t be removed by president for political reasons

• 4.) Government corporations4.) Government corporations• Ex. Amtrak, US Postal Service, TVA, FDICEx. Amtrak, US Postal Service, TVA, FDIC• ----Self-financed, with govt. subsidy----Self-financed, with govt. subsidy• ----Even more politically independent than IRCs----Even more politically independent than IRCs• ----Offer goods and services similar to, even in competition ----Offer goods and services similar to, even in competition

with, private corporationswith, private corporations

Page 24: THE WHITE HOUSE OFFICE (WHO), THE EXECUTIVE OFFICE OF THE PRESIDENCY (EOP), and the EXECUTIVE BRANCH

THE PRESIDENT AND THE THE PRESIDENT AND THE FEDERAL BUREAUCRACYFEDERAL BUREAUCRACY

• REASONS WHY PRESIDENTIAL CONTROL OF REASONS WHY PRESIDENTIAL CONTROL OF THE EXEC BRANCH IS NOT ASSUREDTHE EXEC BRANCH IS NOT ASSURED

• 1.) Merit (civil service) system of hiring1.) Merit (civil service) system of hiring2.) Agencies’ advantage in technical expertise2.) Agencies’ advantage in technical expertise

• ---example of “principal-agent” problem---example of “principal-agent” problem3.) Bureaucracy was created incrementally, 3.) Bureaucracy was created incrementally, with no rational plan in mind---plenty of with no rational plan in mind---plenty of anomaliesanomalies

• 4.) Agencies’ SOPs make change and 4.) Agencies’ SOPs make change and adjustment difficultadjustment difficult5.) Bureaucrats develop strong sense of 5.) Bureaucrats develop strong sense of agency “mission” and agency “culture”agency “mission” and agency “culture”

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PRES. & BUREAUCRACYPRES. & BUREAUCRACY

• 6.) Constitutional ambiguity about 6.) Constitutional ambiguity about whether President or Congress is the whether President or Congress is the “real” master of bureaucracy“real” master of bureaucracy7.) Strong interest group influence on 7.) Strong interest group influence on agenciesagencies

• (“Capture Theory” and “the revolving (“Capture Theory” and “the revolving door”)door”)

• The regulated becomes the regulator! (ex. The regulated becomes the regulator! (ex. CAB)CAB)

• ““Iron triangles”Iron triangles”

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Presidential Influence on Presidential Influence on the Bureaucracythe Bureaucracy

• TECHNIQUES FOR INFLUENCING TECHNIQUES FOR INFLUENCING BUREAUCRACYBUREAUCRACY

• 1.) Making maximum use of limited 1.) Making maximum use of limited appointment power----pro’s and con’s of strict appointment power----pro’s and con’s of strict ideological screeningideological screening

• ---Civil Service Act of 1978: abolished ---Civil Service Act of 1978: abolished bipartisan CSC, set up OPM and MSPB, created bipartisan CSC, set up OPM and MSPB, created SESSES

• 2.) Properly socializing and training appointees2.) Properly socializing and training appointees• 3.) Removal power3.) Removal power• ---Legal issues ---Legal issues Myers vs. USMyers vs. US (1926), (1926),

Humphreys Executor vs. USHumphreys Executor vs. US (1935) (1935)• ---Political difficulty of firing cabinet members---Political difficulty of firing cabinet members

Page 27: THE WHITE HOUSE OFFICE (WHO), THE EXECUTIVE OFFICE OF THE PRESIDENCY (EOP), and the EXECUTIVE BRANCH

Presidential Influence on Presidential Influence on the Bureaucracythe Bureaucracy

• 3.) Removal Power Continued: How to get 3.) Removal Power Continued: How to get rid of uncooperative career civil servants?rid of uncooperative career civil servants?The Malek ManualThe Malek Manual

• 4.) Budgeting power4.) Budgeting power• ---how OMB review process works---how OMB review process works• ---”current services” budget---”current services” budget• ---budgeting techniques: incrementalism, ---budgeting techniques: incrementalism,

PPBS, ZBBPPBS, ZBB• ---effects of, and responses to, budget cuts: ---effects of, and responses to, budget cuts:

1981-82 EPA, “the Bureaucracy Strikes Back”1981-82 EPA, “the Bureaucracy Strikes Back”

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Presidential Influence on Presidential Influence on the Bureaucracythe Bureaucracy

• 5.) Reorganization Authority5.) Reorganization Authority• 6.) Executive Orders6.) Executive Orders• ---examples of famous ones---examples of famous ones• ---legal justifications (Youngstown Sheet and ---legal justifications (Youngstown Sheet and

Tube v. Sawyer)Tube v. Sawyer)• ---types of EOs---types of EOs• a.) temporary measures until legislature actsa.) temporary measures until legislature acts• b.) alternatives to failed legislationb.) alternatives to failed legislation• c.) attempts to pre-empt/forestall legislationc.) attempts to pre-empt/forestall legislation• d.) Federal govt. as role modeld.) Federal govt. as role model

e.) changing the regulatory process, in hopes of e.) changing the regulatory process, in hopes of changing regulatory outcomeschanging regulatory outcomes

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Presidential Influence on Presidential Influence on the Bureaucracythe Bureaucracy

• 7.) Privatization/Contracting Out7.) Privatization/Contracting Out