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president's expressed powers in foreign affairs
appoint ambassadors, ministers, consuls, Secretaries of State/Defense/Treasury with Senate majority approval
negotiate/make treaties subject to 2/3 Senate confirmation
president's expressed powers as Commander-in-Chief
leader of all military branches and national guard
president's expressed powers as chief executive
require the opinion of heads of executive departments
faithfully execute the law
nominate SC judges and department heads with Senate approval
full executive agency vacancies that may happen during recess of the Senate
grant pardons
president's expressed powers as chief legislator
give State of the Union
recommend measures to Congress
convene both houses of Congress in an emergency
sign or veto laws
informal powers of the president (aka inherent powers)
persuasion, executive orders/agreements/privilege
historical examples
persuasion/bully pulpit
president is given more media coverage and can persuade the public more easily
can use formal powers to persuade the legislative branch
foreign policy powers can influence foreign countries and organizations
faithfully execute clause
part of Constitution Article II
informal powers derive here
executive order
orders issued by the President that carry the force of the law and do not need Congressional approval
must be tied to an expressed power or an existing law
courts can overrule
executive privilege
idea that the president should have the right to withhold information from the public or government if national interest is better served
executive agreement
international agreements made by the President and State Department that do not require Senate approval
mostly deal with international trade
not formal so they can be reversed or ignored
how did US v Nixon affect executive privilege
presidents do not have unqualified executive privilege
must have good reasoning
Executive Office of the President
offices that aid the president and executive branch with policy development and the execution of laws
National Security Council
aids the president in foreign policy and domestic security
NSC statutory members
President
Vice President
Secretary of State/Defense/Energy/Treasury
Office of Management and Budget
prepares president's annual budget proposal
reviews the budget and programs in executive departments
Chairman of the Joint Chiefs of Staff
main military advisor that is still in the military
head of all military branches
Chief of Staff
determines who can meet with the president
organizes their appointments and policy agendas
press secretary
main communicator between the White House Press Corps and the general press
national security advisor
director of the National Security Council staff
political advisors
political appointees who are loyal to the governing party
cabinet
Secretaries of major departments and heads of major subdivisions
impeachment
charges against a government official approved by a majority of the House of Representatives
Presidential veto powers
given 10 days to decide
can either sign, veto, or do nothing
line-item veto
no longer allowed
president keeping/vetoing specific parts of a proposed law
pocket veto
president's power to kill a bill, if Congress is not in session, by not signing it for 10 days
veto override
Congress can override President veto by 2/3 vote
How has the power of the president changed over time?
president has become more powerful, especially because they are given a lot of media coverage
What is the presidential line of succession?
Vice President
Speaker of the House
President Pro Temp
Secretary of State
Secretary of the Treasury
What nominees need Senate approval?
heads of departments and their major subdivisions (FBI, CIA) need approval
head of OMB and national security advisor need approval
What nominees do not need Senate approval?
press secretary, chief of staff, political advisors, speech writers, etc.
presidential honeymoon period
first six months of presidency
lame duck period
last few months of presidency (between election and new president swearing in)
bureaucracy
a system of managing government through departments run by appointed officials
departmental agencies
part of 15 major departments
ex: Department of Agriculture and Department of Commerce
independent agencies
not part of 15 major departments
tend to have more regulatory power/less influence from President
ex: EPA and Federal Reserve Board
government corporations
government supported and funded company
ex: Post Office, TVA, Amtrak, FDIC
discretionary authority
power to make decisions about how policy will be executed
judicial discretionary authority
power to settle disputes between agencies and/or public and industry instead of it going to a federal court
legislative discretionary authority
power to create rules/policy for executing specifics of laws regarding the executive agency
executive discretionary authority
agencies can use discretion in executing regulatory power
can decide who gets punished and what the punishment will be
iron triangle
relationship between Congressional committees, interest groups, and executive agencies
issue network
expanded iron triangle
includes professors, think tanks, media, etc.
Pendleton Act
law that transferred the hiring of US gov employees to Merit based system
Hatch Act
revisions in 1993 with the Federal Employees Political Activities act
lists what federal employees can and can't do
patronage system
old system of hiring for US government based on "who you knew"
merit system
new system of hiring for US government based on civil service exams, education, and experience
civil service test
test to determine skills needed for a particular government job
ex: computer skills, language, foreign policy
General Service schedule
pay scales for executive branch employees
G1 = lowest, goes to G15
Senior Executive Service
most government positions classified above the G15 level
Freedom of Information Act
any person has a right to obtain federal agency records
What are the constitutional qualifications for president?
natural born citizen
35 years old
resident of the US for 14 years
How does Congress check (constitutionally) the power of the president?
must approve nominations
How does Congress check executive agencies?
congressional oversight
How does the president check Congress?
veto power
How does the president check the Judicial branch?
nomination of judges
How does the president check the executive agencies?
chooses the heads of the agencies
How does the judicial branch check the president?
judicial review of executive orders and other actions
public opinion and presidential power
typically declines over course of presidency
best time to get policies initiated is the beginning during the honeymoon period
How is the White House staff chosen?
appointed by the president
circular white house structure
staff and advisors report directly to the Oval Office
ex: Carter
pyramidal white house structure
strict military-like chain of command that emphasizes a powerful Chief of Staff
ex: Reagan
role of VP in the election versus presidency
election: balance ticket
presidency: attend meetings, other things depend on relationship with president
role of cabinet secretaries
advise the president and serve as administrators of large bureaucracies
Federal Bureau of Investigation (FBI)
branch of the Department of Justice responsible for investigating violations of federal law
Federal Emergency Management Agency
branch of the Department of Homeland Security that aids in disaster relief
most expensive departments
Defense
Health and Human Services
employ the most people in the government
US Postal Service and Department of Defense
Department of Justice
enforces the law and prosecutes crime in federal courts
includes group of lawyers who deal with federal cases in federal courts
Department of Defense
deters war and protects security of US and allies
Department of Homeland Security
sets threat level
protects against terrorist attacks
assist during disaster
border security
How are independent agencies different from the 15 departmental agencies?
more independent
more discretionary authority
have narrow mandates (specific goals and projects)
more regulatory function/specialized service
Why are government corporations created
offer a service that is not being done by a business in the private sector
Federal Election Commission (FEC)
regulates federal elections and their laws
Federal Communications Commission (FCC)
regulates TV and radio
Environmental Protection Agency (EPA)
regulates businesses for environmental laws
Federal Reserve
regulates monetary policy such as interest rates, bank reserves, and bond rates
Office of Personnel Management
office that coordinates the hiring of most of the federal employees
Even though the executive seems to have an advantage in military and foreign affairs areas, what powers/roles does Congress have to control foreign affairs and military?
approve treaties
declare war
create/maintain military
regulate foreign commerce
Most recent presidents have asked for _____________ for more prolonged military activities, but many do not always abide by the rules of the _____________
Authorization for Use of Military Force; War Powers Act
impeachment process for president
House brings charges/starts trial
Senate tries President and needs a 2/3 vote