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