POL 1100: American Government Week 4 Slides

Executive Branch and Bureaucracy

Presidents have 3 Types of Powers

expressed, implied, delegated

Presidential expressed powers

military, judicial, diplomatic, executive, and legislative

MIlitary Power

Commander in Chief and Head of Intelligence

1973 War Powers Resolution

attempt by Congress to limit presidential military powers (wasnt very succesful and limited impact)

1807 Insurrection Act

President may deploy troops without a specific request from the state legislature or governor if the president considers it necessary to maintain order, enforce a judicial order, or protect federally guaranteed civil rights

Diplomatic recognition

means the government acknowledges a government’s legitimacy

Executive Agreements

an agreement made between the president and another country that has the force of a treaty but does not require the Senate’s advice and consent

Executive Privilege

the claim that condidential communications between a president and close advisors should not be revealed without the consent of the president

Implied Powers

powers derived from the necessary and proper clause of the constitution

Theory of the Unitary Executive

all executvie power within the national government belongs to the president except as explicitly limited but he constitution

suggests that Congress has little authority over the executive branch and president is a sovereign or suppreme auhtority to only specific restraints

Delegated Powers

constitutional powers that are assigned to one governmental agency, but are exercised by another wiht permission of the first

Inherent Powers

powers claimed by a president that are not expressed in the Constitution but are inferred from it

Institutional Presidency 4 groups

Cabinet, White House Staff, Independent Agencies and Government Corporations, and Executive Office of the President

Vice President responsibilities

1) to succeed the presient in case of death, resignation, or incapacity

2) preside over the senate, casting the tie breaking vote when necessary

Office of Management and Budget

analyze and approve all legislative proposals, even before they are submitted to Congress

Code of Federal Regulations

agency rule making process requires public notice, hearings, and appeals. Once completed they get published in the Code of Federal Regulations and these rules have the effect of law

Executive Order

a rule or regulation issued by the president that has the effect and formal status of legislation

Bureaucracy

the complex structure of offices, tasks, rules, adn principles of organization that is emplyed by all large scale institutions to coordinate the work of their personnel

Street Level Bureaucrats

interact with the public regularly

Implementation

the efforts of departments and agencies to translate laws into specfic bureaucratic rules and actions

Federal Register

a daily publication of the federal government where proposed rules are published and the public can leave comments

Expertise

policy-specific experts who are deeply knowledgeable about issue areas they oversee

Hierarchical Structure

clear lines of auhtority and standardizes procedures governed by rules. intend to foster equal treatment of citizens

1939 Hatch Act

prevents federal employees from engaging in certain types of politcal activites such as wearing politcal buttons while on duty or interfering with elections

Congress hates responsibility

politically difficult decisions are left bureaucrats, thus avoiding controversial issues

Principle-Agent Problem

a conflict in priorities between an actor and the representative authorized to act on the actor’s behalf

West Virginia v. EPA (2022)

limits the bureaucracy’s regulatory authority. Established “Major Questions” doctrine that may lead to other legal challenges against agencies’ policy expertise

Privatization

the process by which a formerly pulic service becomes a service provided by a private company put paid for by the government

Police Patrol Oversight

regular or even preemptive congressional hearings on agency operations

Fire Alarm Oversight

episodic, as needed congressional hearings on bureaucratic operations, usually prompted by media attention or an advocacy group’s complaints

Inspector General Act of 1978

established Inspectors General (Igs) which are nonpartisan independent organizations located in most agencies to investigate agency activities

Whistleblowers

employees who report wrongdoing in public or private organizations including federal agencies

Whistleblower Protection Act of 1989

to protect federal employees reporting mismanagement or corruption from punishment by colleagues or superiors

Citizen Oversight

The Freedom of Information act of 1966 (FOIA) provides ordinary citizens and journalists the right to request records from any federal agency

Regulatory Capture

a form of government failure in which regulatory agencies become too sympathetic to interests or businesses they are suppose to regulate