AP Government

POTUS must be

born US citizen

35+ yrs old

resident 14+ yrs

must swear oath

cant change salary

where are formal/expressed powers given?

Article II

formal/expressed powers of POTUS

vague power to enforce laws commander in chief of chief of army and navy 

with senate approval:

• appoint officials

• make treaties

grant reprieves and pardons: excuse ppl of their crimes

convene/adjorn Congress

veto legislation to not become a law

congress can override veto with 2/3rd vote of each house  

• Prez has 10 days to sign bill once it arrives on desk

• Take no action (while Congress in session) within 10 days → becomes a law
  

pocket veto

• Congress adjourns and POTUS takes no action on a bill within 10 days → doesn’t become law

line item veto

• POTUS can cancel specific parts of the bill while signing rest into law (ruled unconstitutional in Clinton v. New York

what do informal/implied powers mean?

not explicitly stated but exist b/c of nature of executive branch 

what are the informal/implied powers of the POTUS

• control over presidential cabinet 

• bargaining & persuasion (persuade people to put pressure on reps to pass legislation in line w/ presidential policy and agenda 

• (ability to bargain directly related to presidential approval rates

• executive order

what is an executive order?

order from the president that has the force of a federal law, but isn’t actually a law

• POTUS can direct bureaucracy, move money around to accomplish policy agenda

• Ex: Trump rerouted funds by b/t his executive departments to build Mexican border; Lincoln’s Emancipation Proclamation

Emergency wartime powers: i

in the event of some attacking U.S., prez can act quickly w/o waiting for other branches to discuss

Faithfully Execute Clause (Article II):

• take care of laws being faithfully executed

  • Prevents POTUS from ignoring or refusing to enforce laws they dislike

  • Prez power expanded over time from text

  • Direct/supervise subordinates

  • Remove officials

• Article II amendments that have changed

• 12th: originally, electors cast two votes for prez, and the runner-up became VP. Now, electors cast separate votes for prez and VP

  • Prevented ties/conflicts between prez and VP (Jefferson & Burr)

• 25th: If prez dies, resigns, is removed, VP becomes prez

  • If prez unable to perform duties, VP serves as Acting President

  • Ensures continuity of government if prez can’t serve

Fed 70

• Hamilton argues for a single executive (Unitary Executive)

  • A single person can act more decisively when required

  • A single executive will actually be a protection against expansion of executive power

    • Accountability: if prez tries to grab at power, everyone knows exactly who to blame

pursuaion

•  (the art of the sell): most powerful tool of POTUS

bully pulpit

• any situation where the prez can communicate to the masses (good speaking opportunity)

state of the union address

• constitutional required communication from time to time

  • Prez makes policy recommendations to Congress while nation listens along

  • Measured by standing ovations…often at the cost of content

    • Trump: 110

    • Clinton: 128

    • Longest: 1:28

partisan pep rally

•  (Reagan): high-energy campaigns where he rallied supporters to vote RepublicanSets the agenda:

Sets the agenda:

• what the prez hopes to have the govt accomplish in their term

  • Can’t fund agenda → Power of the Purse (Congress) (CBO + OMB = funded budget)

  • POTUS doesn’t directly carry out agenda. Enforcement & Implementation belong to the bureaucracy

cherney’s law

• broad interpretation of executive power

• Wars Power Act: 

• Prez must notify congress within 48 hrs of sending troops

• Declaration of war/resolution within 60 days of installation 

what can result in positive public opinion for the president

• Good economy

• Successful military engagement

• Response to crisis (9/11)

negative public opinion for the president reasons

• Response to crisis (George Bush Hurricane Katrina)

• Unpopular war

• Scandal

what does the Bureaucracy do and how many people are employed

• millions of people employed to carry out the responsibilities of federal govt

  • Falls under authority of POTUS

  • Doesn’t create laws; makes a set of more refined rules that help execute the law

structure of bureaucracy

• Cabinet departments (15): defense, education, etc.

  • Cabinet Secretaries: heads of cabinet departments

• Each department separated into agencies: work together to accomplish goals of the department (ex: FDA)

• Commissions: type of agency; operate independently from prez’s authority but are still associated with executive branch

  • Created for specific purpose of regulating some aspect of society

  • Ex: Federal Communications Commission ensures foul language doesn’t end up on TV

iron triangle

• congress, bureaucracy, and interest group work closely together

  • Example: 

    • Bureaucracy: Office of career, technical, and adult education (under DOE)

    • Interest Group: National Education Association

    • Committee: Education & Workforce

issue networks

• conglomeration of folks who come together around one specific issue they disagree on & seek to effect change

  • Weaken iron triangles

  • More fluid, bigger # of groups, high profile, temporary issues

spoils system

getting job in bureaucracy based off those who support prez (Jackson)

• Assisnation of prez James Garfield b/c used patronage 

civil service reform act of 1883 - Pendleton Civil Service Act

• created merit-based system for applicants seeking jobs in bureaucracy

discretionary rulemaking

• gencies can create specific regulations that have the force of law, filling in the details of broad legislation passed by Congress

  • Congress broadly mandates the EPA to protect the environment

  • EPA created specific rules for disposing of waste and pollutants to fulfill Clean Air Act

Implementation:

process of putting laws into practice through agency action

• The Department of Education enforcing Title IX by creating and implementing its own rules about how schools can prevent sex discrimination

• EPA monitoring power plants to ensure they are meeting the new emission standard

• Compliance monitoring:

• Compliance monitoring: issue fines for non-compliance

Dept. of Homeland Security

• protects Americans from terroism and controls borders & which immigrants come in 

Dept. of Veteran Affairs

• manages general welfare of nation’s veterans

Dept. of Education:

• manages states and their implementation of federal educational standards

  • Linda McMahon, Secretary of Education: cuts to pell grants

Congress oversight

• ensures bureaucracy implements laws the way Congress intended

Committee hearings

•  directors of multiple committees that correspond to diff agencies testify and give reports on their progress in carrying out the law

Power of the purse:

• Congress funds and controls bureaucracy agencies (Congress’s biggest check on bureaucracy)

• Appointment:

• POTUS can appoint new heads of agencies aligned with agenda

• Executive order

• : bring bureaucracy in line with presidential policy

idea for bureacracy who

• Max Weber’s theory on bureaucracy: impersonal, merit, specialization of labor, hierarchical

president checks on bureacracy

appointment

execurive order