Executive Branch Government

Qualifications for President

Must be a natural born citizen

Must be 35 years old

Must have lived in the United States for at least 14 years

Constitutional Provisions for Presidency

Term of 4 years

If the President dies, the VP takes over

The President's salary can not be increased or diminished while in office

Must take an oath of office

Can be impeached for treason, bribery, or other high crimes and misdemeanors

12th Amendment

President and VP are on the same ballot.

20th Amendment

Terms of President and VP end on Jan. 20th.
Between Nov. 4 and Jan. 20 = lame duck period

22nd Amendment

President can only serve 2 terms, or a total of 10 years.

25th Amendment

Replacing VP - Congress will approve a new VP as nominated by the President. If a VP has to take over the Presidency, the VP will nominate another VP with confirmation by Congress.

President Unfit

The VP and a majority of Cabinet leaders can declare a president as unfit for the duties of the office; but can resume duties if same group agrees. The President can challenge the VP and Cabinet = Congress determines with 2/3 vote.

Presidential Succession Act

Lays out the succession after the VP (Speaker of the House, President Pro Tempore, Cabinet secretaries in the order of their department’s creation)

National Security Council (NSC)

the President's principle forum for considering national security and foreign policy matters

members advise and assist the President on these things

members also coordinate policies among the various bureaucratic agencies

Council of Economic Advisors (CEA)

Includes three members – all of whom are appointed by the President.

Gather information on economic developments and trends

Appraise various programs and agencies to see if they are contributing to the achievement of policy

Develop and recommend economic policies to the President

Office of Management and Budget (OMB)

Assists the President in overseeing the preparation of the federal budget

Supervises the administration + effectiveness of the budget in bureaucratic agencies

These people are appointed and then confirmed by the Senate

Role of Vice President

Sometimes chosen to symbolically reward an important constituency

Sometimes chosen from a state that is going to be a hard one for the President to win in the election

Historically, the job of the VP is to wait for better political opportunities

White House Staff

Ex. Chief of Staff, Press Secretary, National Security Advisor

Key aides the president sees every day.

Do NOT have to be confirmed by Senate.

Bully Pulpit

Using the presidency as a platform to promote an agenda to the public through the Media (Theodore Roosevelt) .

State of the Union

An opportunity for presidents to inform Congress and the American public of policy goals.

Presidential Veto

Very effective; rarely overridden

Prevent a bill passed by the Congress from becoming law. Congress can override the veto by a two-thirds vote of both chambers.

Pocket Veto

If Congress adjourns within 10 days after submitting a bill, the President can let the bill die by taking no action

Confirmation Process

Presidential appointees can not take office until the Senate confirms their appointment

Executive Orders

An official directive from the president to federal agencies that often have much the same power of a law (Implied Power).

Does not create a new law or appropriate any new funds. Instructs the government how to work within the parameters already set by Congress and the Constitution.

Signing Statements

President informs Congress and the public of his interpretation of law as he is signing it into law (Informal Power).

The more controversial statements involve the president claiming that he intends to ignore or implement only parts of the legislation.

Bargaining

Presidents can only propose legislation to Congress, he must rely on a member of Congress to introduce his legislation. Presidents will use different tactics to win support for their legislation in Congress - rely on members of their party, exchange support for other legislation, and political favors such as photo ops or public appearances during a campaign.

Divided Government

When Congress has a majority that is NOT of the president’s party.

Election

Endorse candidates of their own party – if the President has a high approval rating, this endorsement is actively sought. But, the president's party typically loses seats in Congress

Pardon

The legal forgiveness of a crime; a pardon can be granted by the president before or after a conviction. (Ex. Ford Pardon of Nixon)

Reprieve

The postponement of an execution.

Communtation

To reduce the length of a jail sentence.

Amnesty

A general pardon offered to a group of citizens (ex. Ford & Carter amnesty of Vietnam War draft evaders)

Diplomatic Recognition

(Formal power)– the President alone can extend this to foreign governments and thus give countries legitimacy

Example – Taiwan

Treaties

(Formal power)– the President has the sole power to negotiate with other nations, although the Senate must approve of the treaty.

Executive Agreements

(Informal power)– Presidents may negotiate with heads of foreign governments – these are unlike treaties in that they do not need Senate approval (so their constitutionality is suspect)

Judiciary has upheld usage of executive agreements; congressional attempts at limiting this practice have not succeeded

Commander in Chief

The President along decides how a war is to be waged – where and when he will send troops – how many troops will be sent – he does not need any congressional approval to do this.

Limited by War Powers Resolution

Declaration of War

During WWII, a ___ gave FDR the authority to control the U.S economy (rationing, price supports, dictating that automobile factories begin making tanks...) A ___ gives the President much more power domestically, not militarily.

Chief Executive

Enforces federal law, treaties, and court decisions

Appoints cabinet, commissions, etc.

Executive orders

Pardon Power

Recommends the national budget

Chief Diplomat

General charge of foreign policy

Appoints ambassadors

Executive agreements

Negotiates treaties

Recognition of foreign governments

Persuasion powers over allies

Chief Legislator

Sign or Veto Congressional legislation 

Outlines legislative proposals 

Calls special sessions of Congress

Chief of State

Acts as the symbolic leader of the country

Attends funerals of other world leaders

Presides over commemorations of war heroes

Throws out the first pitch at baseball games

Chief of Political Party

Political patronage

Leader of the party

Duties of Bureaucracy

Carry out and enforce laws passed by Congress

Write and enforce regulations

Issue fines

Testify before Congress

Issue networks (Iron Triangle)

Features of Bureaucracy

Hierarchical authority – a chain of command

Job specialization – each person has a defined purpose and job – promotes efficiency

Formalized rules – there are established regulations, policies, and procedures – there are standards that apply to everyone at all times

Implementation

carry out laws of Congress, executive orders of the President

Administration

routine administrative work; provide services (ex: SSA sends social security checks to beneficiaries)

Regulation

Issue rules and regulations that impact the public (ex: EPA sets clean air standards)

Pendleton Civil Service Act

Merit System of Hiring – giving government jobs to people who are qualified and experienced – the quality of one’s work is the basis of whether or not they are hire

Hatch Act

Federal employees cannot engage in political activities while on duty or use their official position to influence or interfere in an election.

Cabinet Departments

Each Dept “expert” in their policy area. They are assigned a broad range of duties.

Each Dept. has its own budget.

Headed by a Secretary (or Attorney General for Justice Department).

Cabinet Secretaries

Usually same party as president.

Professional qualifications and experience (have had jobs that relate to their Cabinet position – President would choose a former businessman to head Commerce, or a former financial advisor to head Treasury)

Geography – to provide balance

Independent Executive Agencies

Do not have Cabinet status, but function just as Cabinet Departments do

NASA, Federal Election Commission, Peace Corps, CIA

Meant to keep politics out of these departments.

Independent Agencies

Established by Congress with separate status OUTSIDE of the Cabinet Departments, to protect them from partisan politics, because of the specificity of their jobs…

Three types:
Executive
Regulatory
Corporate

Independent Corporation Agencies

Perform a service that could be (and often is) performed by the private sector

Government owned businesses created by Congress - Carry out certain “business-like” activities

United States Postal Service, Amtrak, Federal Deposit Insurance Corporation, Tennessee Valley Authority, Smithsonian Institution, Corporation for Public Broadcasting

May or may not be profitable, but serve a public need

Independent Regulatory Agencies

Exist to regulate a specific economic activity or interest

Very independent from the White House and Congress

Each one is headed by a group of people – a Board or a Commission; these people have long, staggered, terms (in some cases, 14 years)

Quasi-Legislative Power

Given to regulatory agencies.

can make policies and regulations- these are not laws passed by Congress, but they have the force of law

Quasi-Judicial Power

Given to regulatory agencies.

can punish people who violate their policies and regulations.

Arguments for Less Regulation

Regulation raises prices

Regulation hurts competition abroad

Regulation doesn’t work

Arguments for Less Regulation

Less regulation harms the environment

Less regulation potentially harms people because they do not have the expertise to judge whether or not something is safe

Discretionary Authority

An agency’s ability to decide whether or not to take certain courses of action when implementing existing laws.

Rulemaking Authority

An agency’s ability to make rules that affect how programs operate, and to force states and corporations to obey these rules as if they were laws.

Department of Education

Administering educational policies to the states and promoting research on education.

Department of Homeland Security

Protecting the United States from terrorist attacks, controlling borders, and minimizing damage from natural disasters.

Department of Transportation

Managing highways, rails, and air travel.

Department of Veteran’s Affairs

Promoting the welfare of armed services veterans and managing VA hospitals.

Environmental Protection Agency

Protecting human health and the environment by developing and enforcing regulations.

Federal Elections Commission

Administering and enforcing the federal campaign finance law.

Securities and Exchange Commission

Regulating the stock market and protecting investors from fraud.

Presidential Oversight of Bureaucracy

appoint & remove agency heads

reorganize the bureaucracy

issue executive orders

reduce an agency's budget