Institutions of the Federal Government
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133 Terms
What are the 3 hats the president wears?
Commander in Chief
Head of State
Chief Executive
Take Care Clause
“he shall take care that the laws are faithfully executed” (Article 2, Section 3)
Commander-in-Chief Hat
Civilian control of military
final control of armed forces + defense against foreign nations
Head of State Hat
public face of the nation
leads diplomatic relations with foreign nations
appoints ambassadors
Chief Executive Hat
highest-ranking officer of the branch
power to appoint executive officials
What was the biggest shortcoming in the Articles of Confederation?
absence of executive power
What as the challenge in constructing executive power?
the need to infuse “energy in the executive”
BUT - one is acting within the boundaries of the republican government
What are the 4 ingredients of an energetic executive?
Unity
Duration
Adequate Provisions
Competent Powers
Unity (energetic executive)
Executive power ought to be vested in a single person
“vigour and expedition” rather than “deliberation and circumspection”
needed to enhance accountability
vigour and expedition
speed
what is unity necessary to enhance accountability
a) we all know who to blame
b) easier to identify treason, bribery + other misdemeanors
Duration (energetic executive)
President shall serve 4 years without term limits
! needed to exercise personal firmness + contribute to stability of the system
22nd Ammendment
limits presidents to only 2 terms
who was the only president to be elected for 4 terms?
FDR (he lied about his health)
sparked 22nd ammendment
Adequate Provisions (energetic executive)
The President must be shielded from undue interference/influence
fixed salaries (can not be altered during term) + can not receive gifts/any emolument
Can not seek personal gains
Competent Powers (energetic executive)
The President must have the power to exercise a qualified negative over legislation
+ additional security against bad laws
Can be used against congress
What if VETO power is abused
If a qualified veto - Congress can override (required 2/3 majority)
True or False: Vetos have declined sharply.
True
The rates have not increased. If both parties would reject the bill - they do not even try to get it passed.
Electoral College
the process of electing the president through an “intermediate body of electors”
The electoral college must:
have a transient existence
sole purpose of selecting the president + independent from any group
be detached and divided
chosen in the state where they assemble and vote
ensures limited interaction between electors of different states
How many electoral votes to states receive?
the sum total of its seats in congress
Are electoral votes subject to change?
Yes
according to the results of the census
How many electoral votes nationwide?
538
435 HoR + 100 S + 3 electors for DC
How many votes do candidates need?
Majority
+ 50% or ~ 270 electoral ballots
Electors
individuals selected in each state who are responsible for casting their ballot on behalf of their home state
What is the roster that leaders of both parties submit?
list of predicted electors
most often long-time party loyalists
Is there requirements for electors?
There is no constitutional/federal requirement
some states have laws penalizing faithless electors
Faithless electors
They just vote, disregarding the popular vote
Each state can determine the ____ of selecting their electors.
manner
Winner-take-all
Give all electoral votes to whoever won the state
What two states use the Congressional District Method?
Maine + Nebraska
Someone who voted for Trump technically voted for an elector who pledged to cast the state vote for Trump is an example of:
Winner-take-all
Which are the swing states?
Nevada, Arizona, Wisconsin, Michigan, Pennsylvania, North Caroline, Georgia
What happens in November during the Election?
voters cast ballots on election day
What happens in December during the election process
electors gather in their respective state capitals + cast ballots
What happens in January during the Election process
Congress is in session and the ballots are counted
The constitution requires ______ of electoral votes
majority
What happens if there is not a majority in the election?
House of Representatives select the president out of the top 3 candidates
or each state casts a single ballot
The House of Representatives’ selection of John Quincy Adams over Andrew Jackson is an example of…
winner-take-all
push whoever is in the lead past majority
What are the three criticisms of the electoral process?
Disenfranchisement, Vote dilution, Discrepancy with popular vote
Disenfranchisement
Only votes that are cast in battleground states (swing states) have a real impact on the outcome
side effect of winner-take-all
Vote dilution
despite how democracy requires that the value of a ballot must be identical for every citizen
not everyones ballot holds equal weight
(one person, one vote)
discrepancy with popular vote
winner-take-all makes it possible for a candidate to win the election and lose the popular vote
Who is the commander in chief when there is a war?
The president
What happens when congress is in gridlock?
opens up more opportunity for the president to do more things
What are the proposals for reform?
Reform the state’s winner-take-all system and amend the constitution
Why would the winner-take-all system be refomred?
It is not constitutionally mandated and electoral reform is also required to make the change
Why would the Constitution be amended?
the Electoral College is based on outdated assumptions about voting behavior
What is an “energetic executive”?
one that possesses unity, duration, adequate provisions, and competent powers
the President is the ___ ____ of government
chief clerk
What does the title chief clerk entail?
symbolic figure with limited domestic policy influence
relies heavily on the cabinet
What is an exception for the chief clerk?
Lots of discretion is granted when dealing with foreign affairs and military crises
What are the three primary factors that contributed to the rise of the Modern presidency?
domestic, international, institutional
the domestic component of modern presidency
great depression and the administrative state,
higher demand for government intervention into domestic policy
especially in the economy
The international component of modern presidency
world war II and the Cold War
unique leader role of the US in world politics
The institutional component of modern presidency
increased frequency of ‘divided government’
gridlock congress makes more institutional space + opportunities for president
How is the president, as commander in chief, checked by Congress
Congress has the power to “declare war” & “raise support” (army, naval forces, call militia)
When was the last time the US declared war on a foreign nation?
1942 vs. Bulgaria/Hungary
how is the president as head of state checked by congress
ratification of treaties and appointment of ambassadors
advice and consent of the senate
modern development of the president as head of state
frequent use of executive agreements
has the same binding force as treaties and remain in effect til challenged by congress
What is an executive agreement?
agreements between the leaders of 2 or more nations entered without senate approval
how is the president as chief executive checked by congress
only congress can enact laws and president administers them
what are the modern developments of the president as chief executive
rise of executive orders
can be revoked / modified
delay for checks to be balanced
What is an executive order
written directives issued by the president that instruct federal agencies how to enforce or implement an existing law
True or False: Executive orders are laws
False
What are notable precedents of imperial presidency?
Lincoln suspended habeas corpus during the civil war
FDR forced the relocation/detention of Japanese Americans (WWII)
what is the justification for imperial presidency?
The Constitution does not say who can declare a state of emergency
The president should be the one to make that decision
The president temporarily suspends laws for the greater good
What is the main problem of imperial presidency?
The normalization of emergency
Some emergency measures are still in effect
emergency = means to justify executive order
How is the presidential power checked?
The expansion of power stems from public opinion
“get things done”
people are only critical when the president they do not like enacts a policy
reactivation of systemic checks
the simplest means to curb presidential power
The president is only as powerful as permitted by the other branches
Federal beuracracy
refers to all non-elected civil servants including military personnel
Why is the Federal Beuracracy needed?
to carry out decisions made by the elected officials
guarantee “steady administration” of government tasks
What power does congress still hold?
the power to create, organize, and disband federal agencies
Where does Cabinet Departments lie on an independence scale
Least independent
Where does independent agencies lie on the independence scale
Roughly in the middle
Where do government corporations lie on an independence scale
Most independent
What is the role of cabinet departments
carry out presidents mandates and direct agencies that implement federal policy
makes up the executive branch
Who are the heads of the cabinet departments appointed by?
The president. Then confirmed by the senate.
How many cabinet departments are there
15
What is the Senates mode of election?
Originally, by the state legislatures — created by the 17th amendment
became statewide direct popular election
What is the size of the House of Representatives?
435 total
proportional to the population (written in the constitution)
What is the size of the Senate?
100 seats — 2 per state
What is the duration of the HoR?
2 years (clear in constitution)
What is the duration for the Senate?
6 years — 1/3 replaced every 2 years
What is the eligibility of HoR?
≥ 25 years + must be a citizen for 7
What is the eligibility of the Senate?
≥ 30 years + citizen for 9 years
What is the HoR known as?
Guardians of the People
Who is intended to be the most democratic branch?
House of Representatives
express “fidelity and sympathy with the great mass of the people”
How is the HoR meant to be selected?
through direct popular elections
How often does the HoR conduct a census?
every 10 years
When was the first census?
1790
When was the total cap created?
1929 it became 435
(self-imposed)
salutary check
No law/resolution can be passed without the concurrence first of a majority of the people and then of a majority of the states
what is dual majority?
majority of the senate and the majority of the people
What does the Senate providing advice and consent entail?
ratifying treaties (2/3 supermajority required)
confirmation of high-level public officials/judges/ambassadors (simple majority)
Why does the Senate serve as the court for the trial of impeachment?
“subjects of its jurisdiction are those who proceed from the abuse, or violation, of some public trust. They are of a nature which may be denominated political.” (Federalist #65)
What are the benefits of a second legislative chamber?
greater firmness against sudden and violent passions (factions)
Due acquaintance with legislation (longer term = more experience + expertise)
greater stability in government (staggered elections = continuity)
express a “due sense of national character” (Senate interacts with exectuvies = promote foreign trust”
Who is the presiding officer for HoR?
speaker of the house
who is the presiding officer of the Senate?
vice president or president pro tempore (temporary president/benchwarmer)
what is a bill?
written proposal for a law
can only be introduced by an elected member of congress
What percent of bills become laws?
3%