Legislative & Executive Branches Study Guide

What are the formal qualifications to POTUS?

• outlined in Article II, Section 1, Clause 5 of the U.S. Constitution

• Be a natural-born citizen

• Be at least 35 years old

• Have been a resident within the United States for at least 14 years

• formal: stated in Constitution

What Constitutional checks does Congress have on the Executive Branch and what Constitutional checks does the Executive Branch have on Congress. How does the threat of these checks affect the actions of each?

• Congress checks on the Executive:

  • Budget Power (Power of the Purse): Congress controls funding, refusing to fund presidential initiatives or agencies

  • Veto Override: A two-thirds vote in both the House and Senate can override a presidential veto, making a bill law without the President's signature.

  • Oversight & Investigation: Congress holds hearings, launches investigations into executive actions and agencies.

  • War Powers Resolution: Limits the President's ability to commit troops without Congressional approval. 

• Executive checks on on Congress

  • Veto Power: The President can veto (reject) legislation passed by Congress, preventing it from becoming law

  • Executive Orders & Proclamations: Presidents issue directives that manage operations of the federal government, influencing policy within existing law

  • Setting the Agenda: The President proposes legislation and sets the national policy agenda, influencing what Congress debates

• How does the threat of these checks affect the actions of each

  • Negotiation: The threat of a presidential veto forces Congress to negotiate and compromise to pass desired legislation, while the threat of impeachment or budget cuts pushes the President to align with Congressional priorities

  • Accountability: The constant possibility of oversight and investigation encourages transparency and discourages executive overreach

How does the approval rating of POTUS affect his ability to make policy?

• High ratings enhance presidential power, while low ratings typically hinder the ability to advance a legislative agenda

• Legislative Success: Presidents with high approval ratings are more successful in getting their legislative proposals passed by Congress

• Use of Executive Power: Public opinion influences the president's decisions on using unilateral actions, such as executive orders

What is an electoral mandate and the lame duck period of a presidential administration? How do they affect policy making?

• electoral mandate: is the public's perceived authorization for a winning leader to enact their platform, boosting their power

• lame duck period: the time after an election when an outgoing Pres. has diminished power but still holds office, affecting policymaking by either enabling aggressive last-minute actions (mandate-driven) or slowing legislative progress due to a lack of future accountability

• might use their lame duck period to push for a final budget or key appointments, leveraging their party's control before power shifts.

• A president with a weaker mandate or facing a hostile Congress (like Biden in 2024) may see their lame duck power diminish, focusing on transition and leaving major policy to the incoming administration

What lead to the passage of the War Powers Resolution? What are the details of the

resolution?

• passed in 1973 over President Nixon's veto, spurred by congressional frustration with presidents escalating military involvement in Vietnam, Laos, and Cambodia without formal declarations of war, challenging Congress's constitutional authority

• resolution: requires presidents to report troop deployments to Congress within 48 hours, limits deployments to 60 days (possible 30-day extension) without a congressional vote for authorization or withdrawal, fast-track procedures for Congress to vote on removing forces, aims to reassert legislative power in warmaking

What is the White House staff, what consideration does POTUS make in appointing them?

• White House Staff: comprises the President's closest advisors and support personnel, organized under the White House Chief of Staff, managing everything from policy to communications, with key roles like Chief of Staff, Counselors, and Domestic/National Security Advisors

• POTUS considers loyalty, expertise, shared vision, and integrity, but for many high-level roles, these individuals undergo extensive vetting (FBI, OGE) and often Senate confirmation,

Describe all aspects of the veto

• Regular Veto: The President rejects a bill by returning it with a message explaining objections; Congress can override with a two-thirds vote in both the House and Senate

• Pocket Veto: The President doesn't sign a bill within 10 days (excluding Sundays), and Congress adjourns before that period ends, effectively killing the bill without a formal veto message.

• Veto Threat: A President's public warning of a veto to pressure Congress to alter a bill, shaping legislation before it's passed. 

What are the 22nd and 25th amendments?

• 22nd Amendment: No person shall be elected to the office of the President more than twice

• 25th Amendment: clarifies presidential succession and disability, establishing procedures for filling a vacant Vice Presidency, outlining how power transfers if a President becomes unable to serve, either voluntarily (used for surgeries) or involuntarily (involving the VP and Cabinet declaring the President unfit, requiring a two-thirds Congressional vote to confirm)

How can POTUS be removed from office? (Describe the entire process)

• Method 1: Impeachment and Removal

  • House of Representatives (Impeachment): The House initiates an inquiry, typically through the Judiciary Committee, and then the full House votes on articles of impeachment (formal charges). A simple majority vote is needed to impeach the President.

  • Senate (Trial and Conviction): The Senate conducts a trial with House managers acting as prosecutors and the Chief Justice presiding. A two-thirds vote of Senators present is required for conviction and removal from office. The Senate can also vote to disqualify the individual from holding future federal office. 

• Method 2: The 25th Amendment

  • Section 3 (Voluntary): The President can temporarily transfer power to the Vice President by written declaration, becoming Acting President, and can later reclaim their duties.

  • Section 4 (Involuntary): This section allows for the removal of a President deemed unable to serve but unwilling to step aside. 

What is POTUS’s role in the policy making process?

• acting as Chief Legislator by setting agendas (State of the Union), proposing bills, using veto power to influence Congress, and issuing executive orders to guide federal agencies; they shape laws, budgets, and regulations, balancing legislative demands with executive authority to advance their policy goals. 

United States v. Nixon & executive privilege

• landmark Supreme Court case where the Court unanimously ruled President Nixon must release secret White House tapes related to the Watergate scandal, rejecting his claim of absolute executive privilege

• established that while some confidentiality for presidential communications is vital, it isn't limitless and must yield to the demands of due process in criminal proceedings, affirming that the President isn't above the law and setting limits on executive privilege

What is an Executive order and why might POTUS issue one instead of pursuing the policy through congressional legislation?

• Executive Order: a presidential directive managing federal government operations, having the force of law without Congress's approval

• Presidents use them for speed, bypassing political gridlock, addressing crises, or implementing policies within existing law when legislation stalls in a divided Congress (they are not permanent, can be overturned by next Pres.)

What are the various official and unofficial roles of POTUS?

• Official (constitution)

  • Chief Executive: The President is vested with the executive power of the United States and is responsible for implementing and enforcing the laws passed by Congress. This includes appointing heads of federal agencies and the Cabinet (with Senate approval), issuing executive orders, and granting pardons and reprieves for federal crimes.

  • Commander-in-Chief: The President has supreme operational command over all branches of the U.S. armed forces and the National Guard when called into federal service. While only Congress can declare war, the President can commit troops to military action.

  • Chief Diplomat: The President is the primary architect of U.S. foreign policy. Duties include negotiating treaties (which require Senate approval), appointing ambassadors, receiving foreign dignitaries, and deciding whether to recognize new foreign governments.

  • Chief Legislator: Though Congress writes the laws, the President shapes the legislative agenda. This role involves proposing necessary legislation (often in the annual State of the Union address), working with Congress on the federal budget, and using the power to sign bills into law or veto them.

  • Chief of State: This is a largely ceremonial role where the President serves as the symbolic leader and public face of the nation. Duties include hosting state dinners, awarding the Presidential Medal of Freedom, and performing other symbolic functions that represent American ideals.

  • Chief Administrator: In this capacity, the President is the director of the entire executive branch of the federal government, which includes numerous departments and agencies. The President oversees the vast federal bureaucracy and all its employees. 

• Unofficial (evolved through tradition and the demands of modern gov.)

  • Chief of Party (or Political Party Leader): The President is the leader of their political party. In this role, they help party members get elected, coordinate with party leaders in Congress to advance a shared agenda, and are a key figure in fundraising efforts.

  • Chief Citizen (or Representative of the Nation): The President is expected to represent the public interest and provide a moral compass for the country. They act as an example of good citizenship and civic behavior, particularly during times of crisis.

  • Economic Leader (or Chief Agenda Setter): The President is expected to manage the nation's economy, propose an annual budget, and work to promote economic growth and prosperity.

  • Crisis Manager: In times of national disaster, economic depression, or security threats, the American public looks to the President for leadership, reassurance, and decisive action. 

What is the Pendleton Civil Service Act (1883)? Why was it passed?

• established a merit-based system for federal jobs, shifting away from the corrupt "spoils system" (where jobs went to political supporters) by requiring competitive exams and skills-based hiring, ensuring competence, and protecting employees from political firings

What are the myths and realities of the bureaucracy?

• Myths

  • Americans dislike bureaucrats

  • Bureaucracies are always inefficient, slow, and mired in red tape.

  • The federal bureaucracy is an ever-expanding entity.

  • Most federal bureaucrats work in Washington, D.C.

  • Bureaucracies are resistant to change and stifle innovation.

  • Government should be run like a business.

• Realities

  • Americans often dislike the idea of bureaucracy, but surveys show a majority of people describe their individual encounters with bureaucrats as positive, finding them helpful, efficient, and fair

  • While some agencies can have cumbersome processes, many are designed to operate efficiently and effectively to meet their objectives, such as ensuring safe food and water or processing benefits. The "red tape" often results from complex, sometimes conflicting, laws passed by Congress, which agencies are bound to follow.

  • The number of federal employees has remained relatively constant for decades

  • Less than 20% of federal civilian employees work in the Washington, D.C. metropolitan area

  • The government serves the broad "public interest" and is beholden to multiple stakeholders (the President, Congress, the courts, and the public), not just a profit motive.

Why might the bureaucracy be more skilled in policy-making than POTUS and his

appointees?

• specialized expertise and institutional memory, which provide a deep understanding of complex policy areas and program implementation

How can POTUS and Congress attempt to control the bureaucracy?

• through shared powers like budget control (appropriations), oversight (hearings, investigations), appointments, and legislation, while the President also uses executive orders, and Congress shapes agencies' missions and structures

How many cabinet departments do we currently have?

• 15 executive departments, forming the core of the President's Cabinet,

What is the Executive Office of the President? What are the regulatory agencies, and the independent executive agencies?

• Executive Office of the President (EOP)

  • Established by FDR in 1939, the EOP comprises the President's closest advisors and support staff, helping with the daily operations of the presidency and policy agenda

• Regulatory Agencies

  • Organizations designed to manage specific sectors, create rules (regulations), and ensure compliance with safety, quality, or consumer protection standards, often with licensing powers

  • ex: SEC, EPA, FDA

• Independent Executive Agencies

  • Part of the executive branch but operate with more independence from direct presidential control, often governed by boards with fixed terms to depoliticize decision-making

  • ex: CIA, USPS, Federal Reserve System

What are standard operating procedures?

• detailed, step-by-step written instructions that guide employees on how to perform routine tasks consistently, safely, and efficiently, ensuring quality, reducing errors, and maintaining regulatory compliance across various industries like healthcare, aviation, and research

What is administrative discretion and under what circumstances is it usually exercised?

• the authority granted to executive branch officials and administrative agencies to make reasoned choices and determinations within the bounds of the law, rather than being strictly bound by predefined rules

• flexible power that allows for the practical implementation of broad legislative mandates

What are some of the barriers to effective policy implementation?

• getting policies to work is tough due to a mix of money problems, communication breakdowns, political fights, and people just not wanting to change or not knowing how to

• political opposition and conflicting interests, resource constraints, poor communication, organizational issues, insufficient resources/funding

What is the merit system?

• public employment framework where hiring, promotion, and retention are based on an individual's skills, knowledge, and performance, not favoritism, political ties, or bias, ensuring fair competition through exams and evaluations for a competent, efficient workforce

• aims to provide equal opportunity

What is the Senate’s power of advice and consent? Why might it hinder the POTUS’s ability to nominate a controversial person to the cabinet or the judiciary?

• Senate's power of advice and consent

  • constitutional check on presidential authority, requiring Senate approval for key presidential appointments to the Cabinet, judiciary, and other high-level positions

• This power can significantly hinder a President's ability to confirm a controversial nominee due to political scrutiny, procedural delays, or outright rejection.