Executive Branch

What article of the Constitution gives the president formal powers?

Article II (concerns the executive branch)

What are the 3 goals of tariffs?

1. Raise money

2. Create American jobs

3. Punish people

What are the formal qualifications to become president?

• Be a “natural born citizen”

• Be at least 35 years old

• Have lived in the US for at least 14 years

What president tried to run for more than 4 terms?

Franklin D. Roosevelt

What is the 22nd amendment?

Limits president to one re-election

What is the president’s salary?

• $400,000 a year plus $50,000 a year in expenses

• Use of White House, large staff, Air Force one, secret service protection for life, etc.

How many presidents have we had?

45 (47 by counted number)

What is the 25th amendment?

States if VP dies (or resigns) then president appoints a new one (both houses approve by majority vote). VP takes over as president if VP and cabinet rule president is disabled (or if president declares self-disabled)

What is the presidential line of succession?

1. President

2. Vice president

3. Speaker of the House

4. President Pro Tempore

5. President’s cabinet (starts with Secretary of State)

What are the jobs of the vice president according to the Constitution?

• Preside over Senate (break ties)

• Help decide presidential disability (25th amendment)

• VP is largely used to balance the ticket

What are the Constitutional powers of the presidency? (formal powers)

• Sign or veto bills

• War powers

  • Commander in Chief (in charge of the armed forces)

  • Handles foreign affairs

• Administrative powers

  • Nominate officials

• Judicial powers

  • Nominate federal judges

  • Grant pardons

How can congress override a presidential veto?

2/3 vote

What is a line item veto?

Vetoes certain parts of a bill, not the whole thing (rules unconstitutional in Clinton v. City of New York because it violates checks and balances)

What are the president’s informal powers?

• Signing statement: statement put out by president to confirm what they want a bill to do

• Power of persuasion: Influence of president because of their stance as an important person (this is what the Bully-Pulpit is)

  • STRONGEST AT THE BEGINNING OF PRESIDENCY

What is impeachment?

• Formal investigation of president

• President can be impeached for “Treason, bribery, or other high crimes and misdemeanors”

• If president is put on trial, the Chief Justice will preside

• A 2/3 vote from congress starts impeachment

Why did the framers put impeachment in place

• Feared executive office as having potential to create a monarch

  • Federalist 51!

• Impeachment is intentionally vague

What is executive privilege?

President’s right to withhold information or their decision making process from another branch (US v Nixon and Trump v US)

What are some examples of presidents using forces in combat without a war declaration?

• John Adams commanded navy to fight French warships harassing American merchants

• Obama authorized killing of Bin Laden

• Clinton sent troops to Kosovo

What is the War Powers Act?

1. Within 48 hours of committing American forces to combat, the president must report to Congress

2. Combat commitments must end within 60 days unless Congress extends (30 day period to bring troops home)

3. Congress can end commitment at any time

What are the president’s diplomatic powers?

1. Treaty: Approved by 2/3 of senate (technically not ratified)

2. Appoint ambassadors of the US: must be approved by Senate

3. (Sometimes) mediate discussions between different countries

4. Executive agreement (INFORMAL POWER): Pact between president and other leader (does NOT require senate consent)

5. Power of recognition: Recalling ambassadors from unwelcome countries

6. Chief administrator (US department head)

Why has the power of the executive branch expanded and why?

• It is much easier for one person to make a decision than 535 people

• As the country has advanced, federal government has become larger

• Importance of leadership in a national emergency

  • All of this has led to increased executive orders

What is an imperial presidency?

Powerful executive uses the greater powers than the Constitution allows

Name 3 famous executive orders.

• Emancipation Proclamation: Lincoln, freed slaves in the south

• Desegregation of the military: Truman

• Creation of the Department of Homeland Security: W. Busch (9/11)

What are some congressional checks on presidential power?

• Senate: Advise and consent

• Congress:

  • Set president’s salary and control executive department budgets.

  • Reject presidential appointees

  • Impeachment

What factors play into the publics approval of the president?

• Political party

• Stance on global issues

• Integrity

• Bully-Pulpit

• Pocket-book (how have they impacted YOUR money)

• ALSO, presidents party typically loses seats at midterm

What was the Black Cabinet?

FDR’s group of informal advisors

Who was the first black department head (Housing and Urban Development under Johnson)?

Robert Weaver

What is tokenism?

Inclusion of minorities for the purpose of saying they are included (LARGELY occurred with Jimmy Carter)

Who was the first female cabinet head?

Francis Perkins (Secretary of Labor under FDR)

What are the judicial powers of the president?

• Enforces judicial orders (actually carrying out what the law says)

• Appoints judges (congress checks them!)

• Pardon

What is commutation?

A reduced sentence or fine

What is amnesty?

Blanket pardon (everyone involved in xyz is pardoned)

How does federalist 70 argue for a strong president? What are examples of this strong presidency?

Hamilton argues for the value of unity in a single “energetic executive” as long as the executive is beholden to the people

Examples

• Washington precedent

• Jefferson expanding power through the Louisiana purchase

• Jackson expanding use of veto and refusing to follow SCOTUS

*While these things may be good or bad, they are traits of energetic executives

What is the Stewardship theory?

Theory that people are trusting the president to do what is right (American Imperialism)

How is communication a source of power for the president?

Bully-pulpit: President’s popularity is influential

What system does the Electoral College use to deliver their verdicts? What are the flaws of this system?

“Winner takes all system” EXCEPT in Nebraska and Maine (they use districting system)

Flaws

• Winner of the popular vote is not guaranteed the election

• Electors are not bound to the popular vote in some states

• If someone does not get a majority, the House decides on a president

• Not all votes are counted the same (unequal distribution of electoral college votes)

What is a bureaucracy?

Any large organization with hierarchal structure.

What are the 3 umbrella groups underneath the executive?

1. Executive office of the presidency

2. Cabinet departments

3. Independent agencies

Describe the executive office of the presidency.

• Led by the Chief of Staff (gatekeeper and most loyal person to president)

• This group is the most loyal group to the president as they come and go with the president

• 4 groups

  • White house staff

  • Council of economic advisors

  • National security council

  • Office of management and budget (propose the president’s budget)

Describe the independent agencies.

3 Branches that perform law making and oversight

a. Independent Executive Agencies

1. CIA

2. FBI

3. FDA

4. NASA

5. OSHA

b. Independent Regulatory Commissions: Regulate specific sectors of the economy. Set rules and make semi-judicial decisions.

1. Federal reserve

2. SEC

3. FCC

c. Gov. Corps

1. USPS

2. PBS

Describe the Cabinet Departments.

15 departments. Those working in each department stay throughout multiple presidencies. (interested in overall mission)

1. State department (oldest)

2. Defense department (largest)

3. Justice department

4. department of Health and Human Services (most expensive)

5. Department of Homeland Security (newest)

What are the 2 main jobs of a bureaucrat?

1. Policy implementation: Congress gives delegates discretionary authority (power to use their own judgement to make decisions) and sometimes rule-making

• Most policies are broad, and the bureaucrats are left to implement them by doing one or more of the following

  • Creating new agencies

  • Translation of policy goals into rules/outlines (including compliance monitoring)

  • Coordination of people and resources to achieve goals

2. Regulation

• Implementing rules everyone must follow regarding a certain thing (Ex. OSHA, FDA, etc.)

• Problems: Higher cost placed on consumer, hurts America’s companies abroad, and sometimes hard to enforce

What is the Iron Triangle?

Relationship between a bureaucracy, congressional subcommittees, and interest groups using the congressional powers of budget and oversight.

Bureaucracy → ← Interest groups

• Bureaucracy acts on interest group by ruling on production of a product and prices

• Interest group acts on bureaucracy by giving them information about the agency and support for their budget requests (that favor them)

Bureaucracy → ← Congressional subcommittees

• Bureaucracy gives congressional subcommittees info about interest groups and help with constituent’s complaints

• Congressional subcommittees approve higher budget requests for the bureaucracy

Congressional subcommittees → ← Interest groups

• Congressional subcommittees provide legislation affecting those involved in the interest group’s industry

• Interest group gives congressional subcommittees info about their group andd campaign contributions and support.

What is patronage?

When federal jobs are a reward for political support, not merit

What is the Pendleton Civil Services Act?

Ends the spoils system by establishing Civil Service Commission which ensure hiring is based off of merit and not loyalty (Ex. entrance exams)

What are some ways that bureaucrats are held accountable?

• Office of Information and Regulatory Affairs (OIRA) reviews president’s regulations to ensure they align with the president’s priorities and do not harm the public

• Congress is able to set budges and define the intended role of an organization. Also can hold an oversight meeting (holds president accountable for wrong actions)

• Legislative veto

• Whistleblower protection: prohibits federal agencies for retaliating against employees for reporting nefarious things

• Citizens can challenge bureaucracy via court system (judicial)

What are some criticisms of bureaucracy?

1. Red Tape: Complex rules and procedures can cause delays

2. Stifles creativity

3. Waste: What is the incentive to be responsible?

4. Fragmentation: breaking up many similar actions into multiple locations (ex.  Health and Human Services runs welfare to states, but HUD provides Housing Assistance, and Agriculture does Food Stamps)

BUT… people generally like the government when they interact with it!