AP Gov Executive

Cabinet

 an advisory body to the President made up of the heads of the 15 executive departments and the Vice President

Executive department

one of the principal units of the executive branch and administrative arms of the President ; headed by a secretary appointed by the President and confirmed by the Senate and serve at the pleasure of the President (can be removedt for cause) ; e.g. Department of Homeland Security, Department of Transportation, Department of Veterans Affairs, Department of Education

Executive Office of the President

 comprises the offices and agencies that support the work and agenda of the President ; consists of the White House Office/staff (headed by the Chief of Staff), National Security Council, and Office of Management and Budget (OMB)

Line item veto

 the (unconstitutional) authority of the President to reject or veto particular provisions of a bill passed by Congress

commander in chief

formal foreign policy power of the president

bargaining and persuasion

informal power of the president to secure congressional action

executive order

an informal power to allow the president to manage the federal government and are implied by the president’s vested executive power or by power delegated by Congress

executive agreement

informal foreign policy power of the president

signing statement

 an informal power of the President to inform Congress and the public of the president’s interpretation of laws passed by Congress and signed by the president

Senate confirmation

an important check on appointment powers but there can be a potential for conflict based on who is chosen by the president for appointments, including: i. Cabinet members ii. Ambassadors iii. Some positions within the Executive Office of the President iv. Supreme Court Justices, Court of Appeals judges, and District Court judges, but the president’s longest lasting influence lies in life-tenured judicial appointments

state of the union

 formal power of the President that is a nationally broadcast message for agenda setting that uses the media to influence public views about which policies are the most important

bully pulpit

informal power of the President for agenda setting that uses the media to influence public views about which policies are the most important. “Going public.”

rally events

international events that spike presidential approval ratings and allow for presidential agendas to be pushed forward. 

federal bureaucracy

composed of departments, agencies, commissions, and government corporations that implement policy by: i. Writing and enforcing regulations ii. Issuing fines iii. Testifying before Congress iv. Forming iron triangles v. Creating issue networks ; discretionary power as delegated by Congress to interpret and implement policies ; through their rulemaking authority, federal bureaucratic agencies utilize their discretion to create and enforce regulations

regulation

a set of requirements issued by a federal bureaucratic agency to implement congressional laws

executive agency

 an agency established outside the Executive Office of the President or executive departments designed for managerial and administrative functions as enacted by congressional legislation ; e.g. Environmental Protection Agency (EPA), National Aeronautics and Space Administration (NASA), Central Intelligence Agency (CIA)

independent regulatory agency/comission

 an agency established to oversee and regulate a specific industry or sector and are delegated rulemaking authority ; heads of commissions can only be removed for cause and insulated from presidential control ; e.g. Federal Elections Commission (FEC), Securities and Exchange Commission (SEC), Federal Reserve

government corporation

 an agency established to provide a market-oriented public service, owned by the federal government and operated as a private business ; e.g. United States Postal Service, AMTRAK, Federal Deposit Insurance Corporation (FDIC)

issue network

 temporary coalitions that form to promote a common issue or agenda.

iron triangle

alliances of congressional committees, bureaucratic agencies, and interest groups that are prominent in specific policy areas

merit system

prioritizes hiring and promotion based on professionalism, specialization, and neutrality.

pendleton act

creates the civil services, where hiring, tenure and promotion are based on merit rather than politics and personal connections. 

patronage

bureaucratic jobs are politically appointed. “Spoils system

discretionary power (administrative discretion)

delegated by Congress to bureaucratic agencies to interpret and implement policies

rule-making authority

 federal bureaucratic agencies utilize their discretion to create and enforce regulations

oversight

Congressional authority to ensure legislation is implemented as intended, including i. review, monitoring, and supervision of bureaucratic agencies ii. Investigation and committee hearings of bureaucratic activity iii. Power of the purse ; serves as a check of executive authorization

compliance monitoring

ensures that funds are being used properly and regulations are being followed

Freedom of information act (FOIA)

a law that gives the public the right to request and access government records and information. Promotes transparency and public oversight of the executive branch.

bureaucratic adjudication (administrative adjudication)

when the federal bureaucracy settles disputes that arise over the implementation of federal laws or determines which individuals or groups are covered under a regulation or program.

hatch act/federal employees political activities act

limits the political activities by certain government employees. Generally prohibits civil-service employees from engaging in partisan politics while on duty, in a federal facility, or using federal property. Designed to ensure that federal programs are non-partisan.  

executive privilege

a right claimed by presidents to keep certain conversations, records, and transcripts confidential from outside scrutiny, especially Congress. Limited by US v. Nixon–does not extend to criminal actions. 

war powers resolution (1973)

a law passed over President Nixon’s veto that restricts the power of the president to maintain troops in combat for more than 60 days without congressional approval. 

12th Amendment

Splits pre electoral college vote

22nd Amendment

2 terms limit

25th amendment

Presidential disability and succession

Washington-Monroe

Set precedent for presidency

Active in movement for independence

Served 2 terms (Except for Adam’s)

Development of (early) political parties

“Rule of Fitness” for appointments: Are they fit to be apart of this?

Modest-defer to legislative branch, if legislative wants something they got it, very few vetoes

Andrew Jackson

Expansion of presidential power

More vetoes- 12 (more than all previous presidents combined)

Spoils system: When a president won office they would move their friends and supporters into political positions

Conflict with the Supreme Court- Told he can’t entire Indian Removal Act, said “make me” judicial couldn’t really enforce

The Reemergence of Congress

Congress takes control

Brief flashes of presidential power (Not much done)

Presidency viewed as a negative force

Took either a strong personality or crisis for the president to become the control figure

The Emergence of the Presidency

Great Depression initiated it

Post WWII foreign policy

Brief instances of congressional power (70’s- Nixon and his impeachment, 90’s- Clinton and his contract with America and New Federalism)

Non-constitutional sources of power

Unity of the office

Presidential character and personality- the stronger the better

Growing complexity of society- the more complex the more active role we went the federal government to take

Congressional delegation of authority to the executive branch- Power to executive agencies (make up details and legislation) Congress can easier pass bills if they are broad, Economic and foreign crisis

Media- “The electric throne” President had dedicated press conference (no one else has that)

Development as a Super Power- Cold War (We want president intervene as quickly as possible)

The Three Rules to maximize power and effectiveness

Move it or lose it: Presidential popularity declines over time, need to get stuff done fast during the “honeymoon period”

Avoid details: Don’t try and do too much- you can’t get every tiny thing

Cabinets done get things done, the people do: President appoints cabinet but senate has to approve therefore they aren’t always the presidents first choice and they can’t always trust them, Trust the white house staff not the cabinet, president appoints white house staff and they don’t have to get approved

Chief Legislator

Veto/Sign bill, can call special sessions of congress, hold state of the union address, can propose legislation to members of congress

Chief Executive

Executive orders, appoint members of cabinet and executive department as they see fit

Commander in Chief

Head of military, can move troops in peaceful zones as they see fit

Chief Diplomat

(Foreign Affairs) Draft treaties, appoint ambassadors, sign executive agreements (like a treaty but don’t have to go through senate)

Chief of State

Symbolic embodiment of the U.S.

Chief Jurist

In charge of judiciary, appoints judges, pardons people

Head of Political Party

Selects chairmen of the national committee, selects VP

Chief Economist

Held responsible for overall health of economy and proposed federal budget

VP constitutional duties

Preside over senate and become acting president or president

Executive Office of the President

White house office/staff

Closest in proximity to pres

Appointed by pre and serve at will of president but don’t require a senate confirmation

Closest allies and defenders

Immediate staff if the president

Office of Management and Budget

Prepared the annual budget and reviews federal program- Ex propose budget then leg reviews or changes then goes back to exec to sign

National Security Council

Coordinated foreign policy and military policy

Council of Economic Advisors

3 person economic policy advisory committee

Must be confirmed by senate (simple majority)

Cabinet

15 heads of the departments

5 others who hold cabinet rank (Director of OHB, head of CIA, U.S trade ambassador, UN ambassador, white house council)

Appointed by the president

President has limited influence on them

Divided loyalties- employees of agencies dont don’t need to be loyal to the president since they didn’t choose them

Divided loyalty between congress, the president, and client groups

Circular organization

President is the “hub” and numerous assistants are the spokes

Everyone reports to the pres

Typically done by democrats

Pyramid/Hierarchical organization

Assistants report through a hierchy, ultimately to the chief of staff who reports to the president

Only important stuff reaches the president and stuff can get overlooked

Typically done by republicans

Checks on the president

Formal:

Constitutional checks

Impeachment and removal from office

Confirm appointments

Judicial review

Veto override

Legislative branch controls budget

Congress declares war

Informal: Media, political party, midterm elections

War Powers Resolution (War Powers Act)

If moving troops into conflict zone u must inform congress within 48 hours, you can only keep them there for 30 days without congressional approval

National Emergencies Act

Limits presidents ability to declare national emergency

Must inform congress what you’ll implement

Budget and Impoundment Control Act

Created Congressional Budget Office

Limits presidents ability to impound (sit in the money and do nothing with it) funds

President MUST spend as their signed budget allocated

Legislative Veto

Not in constitution

A way if forcing the bureaucracy to conform to legislative intent

Congress passed law → executive agency issued regulations to enforce → congress analyzed and can veto

Deemed unconstitutional because of INS vs. Chada

U.S. v. Nixon

Executive privilege

Nixon argued discussions can be private

Ruled if you’ve committed a crime you don’t have executive privilege

Clinton v. New York

Line Item Veto

Clinton was vetoing single areas of budget

Ruled unconstitutional you either veto or sign the WHOLE bill

Hamdi v. Rumsfeld

Habeas Corpus- If arrested ur brought infront of a judge

Hamdi was held without being brought to a judge

Ruled you can’t suspend habeas corpus

Bureaucracy

The agencies, departments, commissions within the executive branch

Agencies are created or approved by congress

Congress controls their finances

Helps congress draft legislation

Provides advice

Pendleton Act (1881)

Got rid of spoils system

Introduced a system of merit instead

Bureaucracy members are

More liberal than general public

Most are white collar workers→ consequences are they are removed from theory vs reality, not very efficient

Discretionary Authority

Agencies have the power to choose various courses of action when congress writes broadly worded laws that allow for bureaucratic interpretation

Quasi

Since its Quasi it doesn’t go through “how a bill becomes a law” process

Ex: EPA sets air cleanliness level/rule and punishes it not being followed

Independent Executive Agencies

Organized much like Cabinet departments but lack cabinet status

Ex: EPA, Small Business Administration, NASA, CIA, FBI

Independent Regulatory Commissions

Created by Congress to regulate important aspects of the nations economy

Generally the decisions of these are behind presidential control

Commissioners, multiple heads of these departments →

• Appointed by president

• Serve rather long terms (5-14 years)

• Only a bare majority can belong to the same party

• Terms are staggered

• Commissioners can be fired by the president only for causes specified by congress

Ex: Federal Reserve board: Nations Central bank, FCC (Federal communication commision), FEC (Federal Elections Commission), NLRB (National Relations Board), SEC (Security and Exchange Commission) Stock Market

Government Corporations

Created by Congress to carry out various business operations

Ex: AMTRAK, Postal Service, TVA (Tennessee Valley Authority), FDIC (Federal Deposit Insurance Corporation)

Hatch Act/Federal Employees Political Activities Act

Can’t use your job to influence federal elections

Organizational Constraints on the Bureaucracy

Size

Red tape- can’t do anything quickly, you have to go through the methodical steps set by law

Difficult to fire civil servants- protects bureaucracy from politics (pres can’t just fire people with different political views)

Incentives- pay

• Private Sector- boss might give bonus/promotion for being good at job

• No bonus for being good at job (many/some will therefore do bare minimum)

Controlling the Bureaucracy President influence Powers

Appointment/firing (heads of agencies)

Proposal of reorganization of agencies- has to be approved by congress

Proposes agency budgets

Central Clearance

President control of OMB- Incremental Budgeting

Executive Orders

Central Clearance

Any proposal coming out an executive department HAS to cross the presidents desk (they have to see it)

Controlling the Bureaucracy President Influence Limits

Confirmation

Firing process- can’t fire whoever they want

Congressional oversight (budgets/reorganization)

Incremental Budgeting

Looking at agencies budget from the year before and adding to it each year

Controlling the Bureaucracy Comgressional Influence Powers

Appropriations of agency budgets

Standing committee oversight (investigations/hearings)

Government Accountability office on their side/ ensures leg intent is being followed, oversight committee, non political

Reorganization

Confirmation

Sunset Laws

Sunset Laws

When we create an agency we give an expiration date- agency has to prove before then that they’re worth keeping- If YES it can be authorized and kept

Controlling the Bureaucracy Congressional Influence Limits

Members profit politically from the existence of bureaucratic agencies

Easier for Congress to pass broadly worded laws to be interpreted by the Bureaucracy

Controlling the Bureaucracy Courts Powers

Judicial Review- Happens AFTER rule/law goes into place

Injunction

Injunction

Done if somethings breaking a law- immediately stops an action

Controlling the Bureaucracy Courts Limits

Passive- can’t really force anyone to do something, all they can do is ASK

Controlling the Bureaucracy Interest Groups Powers

Lobbying

Revolving door

Client Groups

Iron Triangles/Issue Networks

Lobbying

Asking government for beneficial (to ur interests) legislation/rules

Revolving door

Moving in and out public and private sectors

Controlling the Bureaucracy Media Powers

Scrutiny of agency behavior

Whistle Blowers

Leaks: Pentagon Papers, etc. Those who reveal it are not necessarily protected

Whistle Blowers

People who come out and say what illegally is happening in an agency, these people are protected from punishment

Federal Reserve Board

Central bank of the united states