Unit 4- The Executive Branch

What factors impact the process and outcomes of presidential elections?

-Incumbency, open v. closed primaries, caucuses, party conventions, Congressional and state elections, Electoral College
-Modern campaigns: professional consultants, cost, election cycle, social media
-Documents: Article II, Amendments 12, 20, 25

Incumbency Advantage for President

-Past 100 years=more than 80% of incumbent presidents were re-elected
-Very unusual for a challenger to beat an incumbent
-1st reason why people re-elect incumbent=people already imagine they are the president since they are already the president
-2nd reason: they're had many years in the national spotlight; additionally, even during the presidential campaign, they are still the president and they have the bully pulpit (they can get people's attention when they want to); even if the challenger has lots of money and media coverage, because the prez is the prez, they have the State of the Union address, power to call special sessions of Congress, have regular press briefings; prez has much larger voice even compared to a very prominent challenger
-3rd reason: prez has experience; no one has ever really been the prez unless they are the prez; prez can build on experiences in first first term in their second term; challengers will have a "new experience" being prez; prez is an experienced campaigner and their second run is their just their second time around, which could help win their campaign
-4th Reason: Patriotism--people are used to thinking of incumbent as the prez for the last several years and thus feel sense of loyalty to them; this feeling of patriotism can be supercharged during times of war or crises; citizens don't want to change their prez during a time of crisis;

Open Primary

Primary election in which any voter, regardless of party, may vote.

Closed Primary

A primary in which only registered members of a particular political party can vote

Open Party Caucuses

Meetings at which a party's candidates for nomination are voted on and that are open to all the party's rank-and-file voters who want to attend.

Party Conventions

Nominates party's prez candidate

Congressional and State Elections

Influences the presidential election through congressional seats through apportionment play a major role in the number of electoral votes won; along with winning state delegates
-If there are more people on the ballot for a presidential election (e.g. governor, senator, representative), the more likely there will be more voters; increased voter turnout

Electoral College

the body of electors who formally elect the United States president and vice-president
-each elector is chosen by each candidate with help by their political party

Professional Consultants

Campaigns hire managers and experienced professionals to assist in every aspect of the campaign

Modern campaigns hire these consultants to gain an advantage and win elections

Cost of Presidential Elections

-More expensive than Congressional elections
-Prez candidates spend more on swing states than safe states (e.g. TV advertising)
-Candidates in primary elections get federal funding if they get at least $5000 in individual contributions of up to $250 in at least 20 states (government matches first $250 of each private donation to a primary election candidate); but they must limit expenditures to a set amount in certain states
-Candidates in general election may still get federal funding (even if they denied it in the primary election); amount of aid=$20 million in 1970 (adjusted to inflation today); downside=candidates in general election who do accept federal funding can't get money any other way; other candidates for president can get a proportional amount of federal funding if they get at least 5% of the vote and don't spend more than $50,000 of their own money on their campaign); political parties may spend some money for its nominee though

Presidential Election Cycle

Primaries, Conventions, General Election

Social Media and Elections

-Modern presidential campaign=media campaign
-past=candidates relied on party organizations and rallies to spread message; now they rely on media (especially TV)
-internet increasingly played major role in politics
-presidents have used social media to reach large audiences of Americans and to respond rapidly to political issues
-Modern technology and the use of social media have allowed for a more rapid response to political issues. This also means quicker response from the public as to their approval of presidential elections

Article II

Establishes the Executive Branch

Amendment 12

The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote

Amendment 20

President takes office on January 20th instead of March 4th.

Amendment 25

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President

How democratic is the Electoral College?

-State popular vote, plurality, winner take all, electors, national popular vote, popular sovereignty, mandate, legitimacy
-Document: Article II

Pros and Cons of the Electoral College

Pros:
-All parts of the country have a significant voice (even the small states)
-Majority of electoral votes required (270/538)=a mandate to govern
-Provides a certainty of the outcome

Cons:
-"Faithless electors"
-Distortion of results; "winner takes all system"
-Over-representation of small states
-Overemphasis on swing states
-The winning candidate may not win the national vote
-House of Reps picks winner if no one gets to 270

State popular vote

Popular vote (how many people vote for a candidate) by each state

Plurality

Candidate or party with the most votes cast in an election, not necessarily more than half.

Winner take all/Unit Rule

The rule that grants all of a state's electoral votes to the candidate who receives the most popular votes in the state.

Electors

people elected by the voters in a presidential election as members of the electoral college
-Electors are chosen by candidates, but they are only "activated" if their candidate wins the state. When their candidate wins the state, their electors have the ability to vote.
-can't be people in public office though

National Popular Vote

How many people vote for a candidate nationally
-doesn't affect which candidate will be prez; only electoral college does that

Popular Sovereignty

A belief that ultimate power resides in the people.

Legitimacy of the Government

The feeling that people have that the government has the right to make decisions for them
-People have an increased feeling of legitimacy in free and fair elections.

How and why has presidential power grown over time?

-Single executive, term-of-office, Whig v. Stewardship Theories
-Documents: Federalist 70, Article 2, 22nd Amendment
-note: primarily due to the increased role of the federal government in the nation and the world; also know it's because of crisis, stewardship, changing national and international needs, singular authority, only nationally elected office

Single Executive

An executive branch led by a single person (president)

Term-of-Office

a limited period of time during which an elected official serves the public
-Prez=4 year term; 2 terms max

Federalist 70

An empowered "energetic" single executive (not an executive council) is necessary for good government that 1) is able to defend the country and enforce the laws and 2) is accountable to the people. *Formal presidential powers, limited government, accountability

What powers does the president have that allow him to accomplish a public policy agenda? How does this cause tension with Congress?

-Constitutional/formal powers: expressed, enforcement of laws, vetoes, treaty-making, commander-in-chief, recommend legislation, State of the Union
-Informal powers: executive agreements, executive orders, signing statements, bargaining, persuasion, communication, bully pulpit
-Unified, divided government
-Documents: Article II, Federalist 51

Expressed Powers

powers directly stated in the constitution

Enforcement of Laws

President can enforce but not create laws

22nd Amendment

Limits the president to two terms.

Vetoes

Prez's constitutional right to reject a decision or proposal made by a law-making body.

Treaty making power

Article II, section 2, of the Constitution gives the president, with the advice and consent of the Senate, the power to make treaties with foreign nations

Commander in Chief

The role of the president as supreme commander of the military forces of the United States and of the state National Guard units when they are called into federal service

Recommend Legislation

the president can recommend to congress, or send them proposals for bills on topics that are important to them.

State of the Union

An annual speech in which the president addresses Congress to report on the condition of the country and recommend policies.

Executive Agreements

An accord between two or more heads of state, binds the US politically more than legally as it does not need Senate ratification
-Reality: must be consistent with existing US law and congress is likely consulted as it may require money to implement (this is the check on this power)
-Drawback: it can be easily undone by the President

Executive Order

Directive from the president to one or more federal agencies that carries the force of law.

Why do it?
-To better manage and direct federal agencies to enforce laws or treaties; and/or to clarify the law's intent

How can Congress and SCOTUS check this power?
-Congress can make a law that invalidates the executive order; if Prez vetoes this law, Congress can still have the ability to override it
-SCOTUS can declare an executive order unconstitutional.

Signing Statements

A written pronouncement occasionally issued by the president when he signs a bill into law (note: not legally blinding; this is more like an "explainer" for the prez's action)

Why do it?
-Rhetorical: To point out positive or negative aspects of the bill from the administration's perspective
-Political: To clarify what the president views as ambiguous aspects of the bill and/or how it should be enforced.
-Constitutional: To announce the president's view of the constitutionality of certain aspects of the bill.

How can Congress check this power?
-If a prez says/believes that one part of a law is unconstitutional and doesn't follow it, Congress can create a special counsel and go to court (possibly SCOTUS) in order to argue the constitutionality of that part.

bargaining and persuasion

An informal tool used by the president to persuade members of Congress to support his or her policy initiatives
-President's best tool is persuading, not commanding. Those who were good presidents could persuade people, congress, etc.
-Prez has weaker bargaining and persuasion in executive department heads (because they have been delegated power to strongly influence their own policy realms), but stronger bargaining and persuasion in Congress (if the prez is popular, not following his/her actions will be bad for members of Congress)
-the basic presidential power is "the power to persuade;" presidents can still command and threaten though
-allows the president to interact with Congress during the legislative process (Although the president cannot pass legislation, they can make suggestions to Congress. They can even write a bill and present it to Congress for consideration)

Communication

Advances in communication technology have changed the president's relationship both with other branches of government and with the electorate, increasing presidential influence over the legislative agenda
-Communication is a very essential quality and the fact that all citizens are the President's constituents allows the President to get more media coverage than any single member of Congress
-Presidents have leveraged changes in communication technology to enhance their power by appealing directly to the American public
-When setting a policy agenda, presidents have taken advantage of contemporary technology and social media to influence the national constituency, promoting presidential policy goals via the president's bully pulpit

Bully pulpit

Theodore Roosevelt's notion of the presidency as a platform from which the president could promote an agenda directly to the public.
-The President often gets much more media coverage than members of Congress, which allows for the President to use the "bully pulpit" and promote his/her agenda
-communicating with the American people through the media coverage of presidential events.
-e.g. State of the Union Address

Unified Government

the same party controls the White House and both houses of Congress

Divided Government

one party controls the White House and another party controls one or both houses of Congress

Federalist 51

Although public officials are not "angels," the liberty of the people will be protected by the constitutional division of powers among the three branches *limited government, separation of powers, checks and balances

Why are presidential nominations a source of tension with Congress?

-Appointment (+removal) + confirmation
-Cabinet, ambassadors, federal judges, White House Staff
-Documents: Articles I and II

Appointment Power

The power of the President & Senate to appoint important government officers (federal judges, agency directors, etc.). President nominates candidate, which then must by confirmed by simple majority in the Senate (check on President's power). Subject to senatorial courtesy rule for local appointments (district judges)

Removal Power

The president has the authority to remove his appointees from office, but the heads of independent federal agencies can only be removed for cause

Confirmation of appointees

The Senate has the sole power to confirm those of the President's appointments that require consent, and to ratify treaties

Cabinet

A group consisting of the heads of the executive (Cabinet) departments, who are appointed by the president, subject to confirmation by the Senate. The cabinet was once the main advisory board to the president but it no longer plays this role.
-cabinet secretaries are typically NOT experts--they are political appointees representing a wing of the party, region of the country, key interest groups, and/or b/c of gender/race/ethnicity

Ambassadors

Highest ranking US representatives in foreign countries
-Appointed by prez, confirmed by Senate

Federal Judges

Appointed by President to be approved by majority of Senate and serve for life

White House Office (WHO)

-Part of the Executive Office of the President (EOP)
-Serves the president most directly and personally
-Includes prez's personal assistants (e.g. close personal advisers, press agents, legislative and group liaison aids, and special assistants for domestic and international policy
-All of them work in the White House
-Prez can hire and use them anytime
-Assistants=do much of the prez's legwork and are a main source of advice
-Most members=skilled with political strategy and communicating with the public, Congress, state/local governments, key groups, and news
-Assistants=some of the most powerful people in DC due to proximity to prez

Article I

Establishes the Legislative Branch

How may Congress hold the president accountable?

-Impeachment, removal, hearings, investigations, subpoenaing
-Document: Article I

Impeachment

Formal accusation by the House of Representatives against a public official, the first step in removal from office.
-Simple majority in House needed

Removal

2/3 of the Senate must agree to remove the President from office

hearings and investigations

Investigatory hearings can uncover presidential abuses of power and corruption

Subpoena

a court order requiring appearance and/or testimony
-president may be subpoeaned
-A judge, court clerk, notary public, justice of the peace, or commissioner of the Superior Court may issue a subpoena

What is the bureaucracy? What are its responsibilities?

-Civil service, patronage v. merit, professionalism, specialization, politically neutral, civil service laws
-Implement laws: writing and enforcing rules/regulations, discretionary authority, issuing fines, testifying before Congress, issue networks, iron triangles
-Departments, agencies, commissions, and corporations
-Departments of Homeland Security, State, Treasury, Transportation, Veterans Affairs, Education
-Environmental Protection Agency (EPA, Federal Elections Commission (FEC), Securities and Exchange Commission (SEC)

Civil Service

the group of people whose job it is to carry out the work of the government
-An approach to managing the bureaucracy whereby people are appointed to government positions on the basis of either competitive examinations or special qualifications, such as professional training.

Patronage v. Merit System in bureaucracy

In bureaucracy, people are picked based on education, experience, etc. (merit) and not status (patronage)
-97% of bureaucracy=chosen by merit
-Merit System: An approach to managing the bureaucracy whereby people are appointed to government positions on the basis of either competitive examinations or special qualifications, such as professional training. (this is popular now)
-Patronage System: An approach to managing the bureaucracy whereby people are appointed to important government positions as a reward for political services they have rendered and because of their partisan loyalty (this was popular back then)

Professionalism

the competence or skill expected of a professional

Specialization

Bureaucrats know their jobs and their policy areas well
-A basic principle of bureaucracy that holds the responsibilities of each job position should be explicitly defined nd that a precise division of labor within the organization should be maintained.

Neutrally Competent

In the workplace, bureaucrats are politically neutral and do their jobs no matter who is prez
-The administrative objective of a merit-based bureaucracy. Such a bureaucracy should be "competent" in the sense that its employees are hired and retained on the basis of their expertise and "neutral" in the sense that it operates by objective standards rather than partisan ones.

Civil Service Laws

these acts removed the staffing of the bureaucracy from political parties and created a professional bureaucracy filled through competition

Implement Laws

Many bureaucratic agencies have the authority to engage in rulemaking (decisions about how laws will be carried out)
-Because of this power, the bureaucracy is targeted by special interest groups interest groups
-Each agency has "clientele groups"--interest groups that stand to benefit from bureaucratic decisions; they want to make the rulemaking to benefit them
-policy implementation: the primary function of the bureaucracy; it refers to the process of carrying out the authoritative decisions of Congress, the president, and the courts.

Writing and enforcing regulations

Bureaucracies have discretion in interpreting congressional legislation and thus make it more specific. Agencies wield large amounts of power via the regulation component of bureaucracies
-Congress will include vague language for the bureaucrats to implement how they wish. When it comes to enforcing regulations, congress assigns specific departments/agencies that help put laws into effect

Discretionary Authority

An agency's ability to decide whether or not to take certain courses of action when implementing existing laws.

Issuing Fines

Bureaucracies can issue fines in order to enforce regulations
-e.g. FEC can fine campaigns, outside groups, or individuals who do not follow campaign finance regulations

Testifying before Congress

As part of their oversight to ensure laws are properly executed,bureaucratic departments/agencies have a responsibility to congress. Through a sunset clause,congress can evaluate a bureaucracy's performance by creating an expiration date for the program or policy. Congress has the power to choose whether or not the policy or program will be reauthorized. Additionally, all legislation proposed by bureaucracies must be approved by Congress, therefore it is in the department's best interest to follow congressional demands.

Issue Networks

-Typically involves several bureaucratic agencies, congressional committees and interest groups as well as university experts, media and other experts who come together due to common and overlapping goals.
-"Network" because it is a loose, temporary alignment.

Iron Triangles

-Always involves a bureaucratic agency, congressional committee, and interest group.
-"Iron" because it is long-lasting, difficult to break up

Departments

-The major administrative organizations within the federal executive bureaucracy, each of which is headed by a secretary or, in the case of Justice, the attorney general (who is also part of the President's Cabinet). Each department has responsibility for a major function of the federal government, such as defense, agriculture, or justice.
-Cabinet secretaries are usually torn between their responsibilities as presidential advisers and heads of their departments
-The Secretaries are responsible for directing the department's policy and for overseeing its operation.
-Each has a special area of policy, although their responsibilities are still very broad. The organization of each is quite complex, but they have some things in common. All Secretaries have a Deputy or Undersecretary, as well as a host of Assistant Secretaries, who all direct major programs within the department.
-Most departments are divided into bureaus, divisions, and sections. For example, the FBI lies within the domain of the Justice Department
-simplified: the cabinet

Agencies

-Two types of agencies: independent and regulatory
-Independent Agencies: Bureaucratic agencies that are similar to cabinet departments but usually have a narrower area of responsibility. Each such agency is headed by a presidential appointee who is not a cabinet member. An example is NASA.
-Regulatory Agencies: Administrative units, such as the Federal Communications Commission and the Environmental Protection Agency, that have responsibility for the monitoring and regulation of ongiong economic activities.
-Congress creates them as separate agencies for many reasons, practical as well as symbolic (e.g. NASA; it was believed to be part of the Department of Defense but because it did more than defense, it became its own independent agency)
-simplified: independent=smaller and less complex cabinet departments that have more narrow responsibilities; regulatory=agencies that monitor and regulate economic activities

Commissions

-Advisory organizations within the bureaucracy that are headed by commissioners appointed by the president. An example is the Commission on Civil Rights.
-e.g. SEC
-simplified: organizations that give advice to the president

Government Corporation

-Government corporations do not belong to any department; they stand on their own. Probably the best-known government corporations are the United States Postal Service and Amtrak. They are different from other agencies in that they are businesses created by Congress, and they charge fees for their services
-Also faces competition
-Essentially state-owned business--it was determined that the service they provide is so vital (i.e. delivering the mail) that the government does it to make sure all people have access
-simplified: companies owned by the government and created by Congress and don't belong to any department

Department of Homeland Security

Protecting the United States from terrorist attacks, controlling borders, and minimizing damage from natural disasters.

Department of State

Chief executive-branch department responsible for formulation and implementation of U.S. foreign policy.

Department of Treasury

Collects, borrows, spends, and prints money

Department of Transportation

Managing highways, rails, and air travel

Department of Veterans Affairs

Promoting the welfare of armed services veterans and managing VA hospitals.

Department of Education

Administering educational policies to the states and promoting research on education

Environmental Protection Agency

Protecting human health and the environment by developing and enforcing regulations.

Federal Elections Commission

Administering and enforcing the federal campaign finance law.

Securities and Exchange Commission

Regulating the stock market and protecting investors from fraud.

How can the president, Congress and the courts influence the bureaucracy and/or hold it accountable?

-Presidential ideology, appointment, removal, compliance monitoring
-Congress: oversight, investigations, budget appropriations ("power of the purse")
-Courts: lawsuits, judicial review

Congressional oversight of bureaucracy

-Creation or dissolution or change of bureaucratic agencies
-Passing laws clarifying or limiting what the rules the bureaucracy can make
-Oversight + appropriations ("the power of the purse")
-Congress revises statutes that establish the agency's mission 📝, exercises control over an agency's budget, and conducts audits or holds hearings, and influences the selection of agency directors (Senatorial Confirmation).
-Congress applies oversight of the federal bureaucracy because of its power to control funding 💵 and approve presidential appointments.
-The various bureaucratic agencies submit annual summaries 📑 of their activities and budgets for the following year, and committees and subcommittees in both chambers regularly hold hearings to question the leaders of the various bureaucracies.

Executive's (President's) influence on bureaucracy

-Appointments/removals of agency heads
-Affecting the agency's funding
-Signing that limits the bureaucracy
-The president appoints agency directors and subheads (with Senate approval), issues executive orders compelling an agency to do/not do something, and either increases or decreases an agency's budget (through the Office of Management and Budget).

Judicial's (Court's) influence on bureaucracy

-Lawsuits
-People can challenge bureaucratic rules, decisions or penalties
-Although the judicial branch power is limited, it can exercise control by making rulings, overturning or supporting acts taken under an agency's rule-making, or by rule-adjudication authority.
-For the most part, the federal judiciary 👩‍⚖️ defers to the agency by requiring that before a case is heard, all administrative (agency) remedies must be exhausted, and appeals from administrative rulings are heard by the Federal Circuit Court in Washington, D.C.

Qualifications for President

35 years old, born in the U.S., and has to have lived in the U.S. for 14 years

How can federal laws restrain the bureaucracy?

-Any "sunshine laws" including Freedom of Information Act (FOIA), requiring public comment on proposed regulations + meetings must be open to the public

Mandate

If a candidate gets more than half of the electoral votes, they have a mandate to govern

Agency Capture

Bureaucracies become beholden to the interests they represent - rather than acting in the public interest, they act in the interest group's interest.

Executive Office of the President (EOP)

-1939=Congress created the Executive Office of the President in order to provide the president with staff who can coordinate the activities of the Executive branch.
-"command center" of the presidency
-Configuration of EOP=determined by Prez
-Currently consists of the office of the Vice Prez and 18 other organizations

Foreign Policy

-The military, diplomatic, and economic relations with every other country in the world.
-American foreign policy is many things; there are different areas that the US' foreign policy is invested in.

Goals of US Foreign Policy

-National Defense
-Access to Natural Resources
-Promote Democracy
-Political and Economic Stability
-Free Trade

The US has moved from a more _ foreign policy before WW2 to a more _ approach since.

isolationist, internationalist
-this means that the US is more involved in international affairs