The president and the bureaucracy

formal qualifications to be president (article 2 section 1)

• natural born citizen

• at least 35 years old

• resident of the united states

Presidents formal executive powers

• appointment and removal of executive officers like agency heads and cabinet members (with senate approval)

• issue executive orders to direct an existing law or a new policy 

• enforce the law 

Presidents formal foreign powers

• commander in chief of the military (can deploy troops and start a draft)

• decides nations foreign policy and negotiates with other nations to make treaties (with senate consent)

• appoint ambassadors

• receive/ entertain foreign ambassadors in america 

Presidents formal judicial powers 

• issue pardons and reprieves (only for federal offenses except in the case of impeachment)

• nominates SCOTUS judges (with senate approval) 

presidents formal legislative powers

• recommend legislation/ policy

• veto power

• pocket veto (Indirect veto happens when president takes no action)

• convene/ adjourn congress

• issue signing statements when signing bills into laws

• gives state of union address

informal powers of the president

executive orders, executive agreements, executive privilege

Executive orders

formal instruction/ rule issued by the president that has the force of the law behind it and is intended to direct the action of the federal bureaucracy/ executive branch

• ex. emancipation proclamation (lincoln), Desegregation of the military (truman), restoring the department of war (trump)

executive agreements

binding agreement between the U.S> president and the head of a foreign government that does not require senate approval 

• ex. north american free trade agreement (NAFTA), destroyers for bases deal (during WW2 FDR traded Britain destroyers for military base leases) 

executive privilege 

power of the president to withhold certain information from congress or the courts to protect national security and maintain confidentiality within the executive branch 

• ex. Trump exercised exec privilege to block subpoena for documents and testimony related to the attack on the U.S. capitol, Clinton used executive privilege to prevent his wife from testifying during his cheating scandal

Federalist 70 major arguments

• one president allows for an energized and decisive president (they can act quickly and efficiently)

• one president fosters unity and establishes secrecy in the decision making

• one president makes for clear accountability and responsibility 

How does congress check PRESIDENTIAL power

• power of impeachment (vote in house —→ trial in the senate)

• override veto with 2/3 vote

• confirm presidential nominations and ratify treaties (senate) 

• control the budget (power of the purse)

How does the judicial branch check PRESIDENTIAL power

• declare presidential actions unconstitutional (judicial review) 

• chief justice presides over presidential impeachment trial 

Constitutional limits on presidential power (article 2)

• must have advice and consent of the senate on treaty ratifications and nomination approvals 

• cant grant pardons to people in impeachment or a non federal offense 

• elected by electoral college (or house if it is a tie)

• must deliver a state of the union address

Constitutional amendments related to the presidency

-22nd= limits president to 2 four year terms (10 years total)

25th= presidential disability and succession (VP takes over when the president is unfit. EX if the president has surgery the VP would take over for a day or two and then the president would come back after surgery)

informal checks on presidential power

public opinion, media, partisan politics, interest groups

public opinion informal checks on presidential power

• petitions

• protest

• approval rating (need support for reelection or reelection of their party) 

media informal checks on presidential power

• display all aspects of the presidents life (like a watchdog on the president)

• use platforms to push personal opinions and bias

Partisan politics informal checks on presidential power

• must keep support of the party (party polarization)

• potential intensified oversight (if divided government)

interest groups informal checks on presidential power

• lobby congress

• legal challenges (sue)

• mobilize the public 

how presidential power has evolved over time

• beginning= very limited and strict following of only formal powers in constitution

• crisis and unprecedented situations —→ presidents to take on more power 

• End= presidents have kept the extended power from crisis and continued to try and get more 

federal bureaucracy

cast hierarchical organizations of the executive branch employees (ranges from presidential cabinet to the IRS)

Hierarchy of bureaucratic organizations 

1. executive departments

2. bureaucratic agencies

3. independent regulatory commissions

4. government corporations

Executive departments

directed by cabinet secretaries, these are the primary administrative units responsible for implementing and enforcing laws and managing specific areas of policy 

• ex. department of treasury, department of agriculture, department of education

Bureaucratic agencies

specialized government subunits that divide a departments goals and workload

• Ex. OSHA under the department of labor, ICE and TSA under the department of homeland security, and IRS under department of treasury

Government corporations

government owned/ controlled entity established to perform commercial business like activities (provide services that may not be adequately served by the private sector)

• ex. U.S. Postal System, National railroad corporation

functions of bureaucratic agencies

they do practical day to day work that enforces and carries out the laws

• writing/ deciding regulation standards (rulemaking)

• enforcing regulations

• punishing/ fining people that do not comply with the regulation standards

how have bureaucracies become more efficient

• turned into a merit based system (completing competitive exams to apply) vs patronage (rewarding loyal party members) 

• civil service commision and office of personnel management oversee the process to make sure it is merit based 

• national performance review established review of bureaucracies to identify, organize, and solve problems  

delegated discretionary

Power (given to executive departments and agencies) to interpret legislation and create rules

rulemaking authority

Power given to departments and agencies from congress to create and implement regulations (rules) that clarify and enforce the laws passed by congress

how does congress check the BUREAUCRACY 

• oversee all bureaucratic actions (congressional oversight)

• Power of the purse (agencies want funding but congress chooses who gets it and how much)

•  Authorization of spending measures= the max amount of money an agency can spend on a certain project (could be one time or recurring)

• Congress committees can hold congressional hearings to get information about agency action/ inaction and relationships

how does the president check the bureacracy

• Appoints heads of departments and agencies

• Can use executive orders and persuasion to make sure they are doing what he wants

• Office of info and regulatory affairs= reviews all regulations that significantly impact society and make sure they don’t conflict with the presidents agenda or they will be questioned/revised/eliminated

how does the judicial branch check the power of the bureaucracy

determine agency actions are

• arbitrary and capricious

• outside of their jurisdiction

• not following procedure

(judicial review)

Independent regulatory commissions

Agencies created by congress for specific reasons (to protect economic sectors and public interest) without direct political influence  

• Ex. Federal reserve board, Federal trade commission, securities and exchange commission