AP GOV: Executive Branch and Bureaucracy

article II

outlines the executive branch

formal qualifications of the president

• 35 years old

• 14 year residency

• natural born citizen

• 4 year term

compensation and oath of office

• president’s salary is determined by congress

  • if congress raises or lowers the salary it won’t take effect until the next presidential election

• president can swear or affirm into office

removal from office

• treason, bribery, or high crimes/misdemeanors

• charge is brought up by the house and trial is conducted by the senate

• 2/3 vote from senate for conviction

• consequences: removal from office

• article II outlines impeachment

office of vice president

• president of the senate

• break tie in votes in the senate

• count electoral college votes

• further defined in 25th amendment after Truman takes over for FDR after his death

take care clause

the president shall take care that the laws be faithfully executed

vesting clause

the executive power vests in the president of the united states

chief executive

• formal powers

  • executing the fulfillment of laws

  • appointing powers

    • cabinet, diplomats, ambassadors, heads of agencies

    • recess appointments occur when congress not in session—not common bc unpopular

• informal powers

  • executive orders

    • used to enforce laws/constitution

    • president creates executive orders when congress refuses to negotiate with the president’s legislative agenda

    • judicial branch can use judicial review to check the presidents actions

    • congress also checks the presidents actions

  • removal powers

    • president has the power to remove anyone he nominates

    • excludes federal judges and heads of regulatory commissions.

chief of state/head of state

• the president is a living symbol of the nation

• represents all american citizens

• bully pulpit—the president can address the nation at any given time

• crisis manager— the president is responsible for responding to international and domestic crises

chief legislator/ chief agenda setter

• main purpose is to have a legislative agenda put into place

• formal powers

  • state of the union address— the president is invited by the speaker of the house to address their legislative agenda and what they plan on doing that year

    • used to convince both houses of his goals

  • adjourn congress

  • convene congress

  • veto powers

• informal powers

  • statement signings— statements of the president that include his interpretation of how the law should be executed

  • power of persuasion

    • its the presidents job to persuade everyone of his policy goals and party politics

chief diplomat

• foreign policy agenda

• formal powers

  • treaty power—the president has the ability to create a treaty with another foreign nation with 2/3 senate approval—advice and consent

  • recognition power—the president will receive ambassadors from other nations and the president determines whether or not to recognize that foreign nation—diplomatic recognition

• informal powers

  • executive agreement—similar to treaties where president has an agreement with another leader but without senate approval, it holds the force of law

    • trading agreements

commander in chief

• the president has power of the military and armed forces

• the president can not declare war but his powers do increase when a war is happening

• formal powers

• war powers resolution act of 1973

  • the president must inform congress within 48 hours of calling military to action

  • if congress does not approve within 60 days then military must withdraw

  • additional 30 days for troops to withdraw

chief of party

• informal party

• the idea that the president is in charge of their political party and determine that party’s policy and help get other party members get elected

pardon

an order from president that grants person charged with a federal offense release from punishment and total forgiveness (not impeachment)

amnesty

allows for a president to grant full pardon to a group of individuals with the same crime—like the war draft with jimmy carter

commutation

the president reducing the punishment of an individual without removing the guilty verdict of the courts

reprieve

delay a punishment with removing the guilty verdict

12th amendment

separate ballots for prez and vp

20th ammendment

move inauguration date from march to January to avoid lame duck period

22nd ammendment

president can serve two terms or ten years

25th amendment

establishes the presidential line of succession and the president’s disability clause

bureaucracy

an administrative organization with specific characteristics

• most work under the executive branch

• large number of employees

• staff of specialists

• set of rules and procedures

advantages

• set of rules and procedures which is useful for predictability and stability

• people with expertise that are specialized in that field of area so there is more effective management

disadvantages

• it is so big that there might be conflicting jurisdiction

• stifle creativity and limit individual discretion because of its monotonous set of rules that does not often change

• very slow “a lot of red tape” so many protocols and rules that everything must go through

created and funded by congress but most work under the authority of the president

subject to congressional oversight—checks and balances

separated into five categories

• Cabinet

  • Executive office of the president

  • Executive departments

• Independent agencies

• Independent Regulatory Commissions

• Government Corporations

Executive office of the president (EOP)

influential advisors of the president that serve at the pleasure of the president and do NOT require senate approval

help the president achieve his policy goals and agenda

• chief of staff—in charge of the EOP and they keep the schedule of the president

• white house staff—they are more personal to the president and work in the white house

executive departments

• largest part of the executive bureaucracy

• make up at least 60% of the federal level employees

• make up the president’s cabinet

• they serve at the pleasure of the president

• they are nominated by the president and require senate approval (majority)

• they play a key role in policy making; major units of administration

• 15 departments that are led by secretaries

• congress creates and funds the departments and determines their scope of power

independent agencies

agencies are created by congress

similar to independent agencies but they are more specialized

they can create regulations that have the force of law but also congress can override these

not cabinet members but directors

serve at the pleasure of the president and must have senate approval

congress determines scope of power and funding

require active congress

FBI, CIA, NASA

independent regulatory commissions (IRCs)

5-10 member bi partisan board

tend to have less political influence

nominated by president but have fixed terms

approved by majority vote in senate

create regulations that usually has to do with public policy or the economy

they are specialists that can sometimes handle specific issues better

FCC,FEC

government corporations

exist to provide a service but make no profit

not nominated by the president

offer a special service

a government agency that runs like a business

postal service

bureaucracy functions

the purpose of bureaucracies is to implement legislation and execute laws

once congress passes a bill it is handed to the burecratic angecy to be implemented

it is up to the bureaucratic agencies’ discretion on how to implement the legislation—discretionary power

bureaucratic rule-making power

they have the power to create regulations and implement them in order to enforce congressional laws—they have the force of law

enabling legislation

congress determines how much power and authority the bureaucratic agencies have

function of legislation

the bureaucratic agencies hold hearings and allow experts to come and advocate about why a rule might be harmful or beneficial

they might make amends to the proposal and then publish it on the federal register—which is like a public newspaper/magazine containing all the presidential documents and new amended regulations

the public is given the opportunity to criticize the new proposed amendments before they enact

after a final rule is adopted

the rule can be challenged by other branches and within thirty days congress can challenge and overturn that rule

enforcement

agencies can sue, fine, collet fees, conduct testing, etc.

they can also take funds from the government and distribute them to people (FEMA)

iron triangles

describes the relationship between congress, bureaucratic agencies, and interest groups

• role of interest groups

  • give electoral support to congress

  • protect their interest by contributing to the campaigns of congressional members who serve on committees that are specific to their area of interest

  • influence policy through lobbying

• role of bureaucracy

  • low regulation special favors for interest groups

  • can strengthen their relationship with interest groups so that they can lobby for them so they can receive funding

• role of congress/ congressional committees

  • they want government agencies to implement their rules in a way that benefits them

  • congress provides funding for bureaucratic agencies

  • interest groups hold a lot of power because government agencies need to be funded by congress and in order for those congressmen to be re-elected they need the support of the efforts of the interest groups to their campaigns

• revolving door refers to everyone working within the iron triangel

issue networks

a group of people who work on specific issues and advocate for certain public policies by regularly meeting and connecting

the civil service

divison of labor

~3 million people

civilians who carry out the work of the government

Pendelton civil service reform act of 1883

got rid of the spoils system and instead replace the hiring of the civil service based on merit and qualifications

created civil service commissions to administer hirings fairly

freedom of information act of 1996

required that all information that is not confidential shall she public to newsreporters. journalists the public etc. upon request

whistleblower protection act of 1989 and 2012

protected government officials from retaliation from exposing corruption or malpractice.