Gov Unit 4: The Executive Branch``

Article 2 Section 1

Sets terms for president (eligibility, oath, electoral college, etc.)

Article 2 Section 2 + Clause*

Powers of the Executive - Advice & Consent Clause

• Commander in Chief and Pardon Power

• Treaties

• Appointments

Article 2 Section 3

Duties of the President

• Deliver “State of the Union”

• “Execute” the laws of the land (“Take Care” clause")

Article 2 Section 4

The rules of impeachment

4 Main Inherent Powers of the President

1. Executive Orders

2. Executive Agreements

3. Executive Privilege

4. Signing Statement

U.S. v. Nixon

Executive privilege is not absolute

Informal Titles of the President

• “Bully Pulpit”

• “Chief Legislator”

• “Chief Diplomat”

• De Facto Party Leader

Article 1 Section 8

Enumerated Powers of Congress

Article 1 Section 8 Clause 11

Congress shall have power to declare war

AUMF (Authorization for Use of Military Force)

Law passed by Congress giving the president permission to use U.S. military force without a formal declaration of war

Federalist #69

Stresses the limited powers of the President, in areas such as war making, relative to the King of England

Federalist #70

Stresses and defends the need for a “single”, “energized” executive to avoid the inevitable delays and politics of Congress

“Whig” Office

Restrained and limited to formal powers (Washington to Hoover)

“Steward” Office

Expanded by Inherent Powers (FDR to Trump)

“Checks on the Executive” (4)

1. Congress

2. The Constitution

3. The People/Media

   1. The Judiciary

2 Styles of Presidential Leadership

1. Pyramid Approach (Republican, President at top of hierarchy, more detached)

   1. Hub of the Wheel Approach (Democrats, President in middle, involved and informed president)

4 Factors of Presidential Success

1. Stage of Presidency & Irony of Power (first 100 days)

2. A “sympathetic” legislature (majority H/S/SC)

3. Nature of Policy (foreign vs domestic policy on approval ratings)

   1. Force of Circumstance (right/wrong place, right/wrong time)

Civil Service (Pendleton) Act 1883

Hiring of federal bureaucracy employees should be based on merit not “spoils” or patronage

• Established a merit-based system

• Required competitive exams

• Prohibited political firings

• Guaranteed equal opportunity

*Civil Rights Act of 1964

Hatch Act 1939

“Don’t bring your politics to work”

Intended to prevent “pernicious political activities” among members of the federal bureaucracy

“Checks” on the Federal Bureaucracy

1. Congress (pass laws to limit/expand powers, power of the purse, can hold investigative hearings)

2. President (appoint/remove, bully pulpit)

3. The Judiciary (judicial review)

22nd Amendment

Term Limits of the President (Max 10 Years)

25th Amendment

Presidential succession, vice-presidential vacancies, and handling presidential disability (following JFK assassination)

10th Amendment

Reserved Powers for States and the People

Title IX

Cannot be discriminated by s*x under education program that is federally funded

Political Patronage

Help with campaign = give you this job

Job of the Federal Bureaucracy

Rules and regulations to enforce/implement law

Within the Federal Bureaucracy

• Departments (Secretaries appointed by Congress)

  • Offices, government corporations (USPS, Peace Corps, Federal Reserve System)

Rulemaking Authority of the FB

The law itself doesn’t specify it, but based on what the law is trying to do, they are going to set some rules

Discretionary Authority of the FB

Those in the bureaucracy who are experts on the policy they are trying to implement have discretion on how they actually implement this law