Unit 7: The Presidency and Bureaucracy

The president’s many hats (6)

chief executive, leader of the party, commander in chief, shaper of public policy, chief legislator, and head of state

Chief executive

enforces laws and rules of federal govt via presidential power and tools available (ex

Leader of the party

chief spokesperson for the party, both forms and responds to a party’s influence and constituents

Commander in chief

person in charge of all branches of military and its use (limited by congressional authority)

Shaper of public policy

implements initiatives and creates necessary programs and is held responsible for results

Chief legislator

articulates ideas to congress and pressures lawmakers to act in accordance to presidential views

Head of state

chief diplomat and public figure head to meet with foreign leaders and achieve international goals

The President can appoint to the federal government… (5)

cabinet heads, independent commissioners, diplomats and ambassadors, U.S. marshals, judicial appointments (all are confirmed by the senate via a majority vote)

Cabinet heads

people who run the bureaucratic agencies and their aides

Independent commissioners

leaders of independent agencies like the EPA, FCC, etc.

Diplomats and ambassadors

our representatives to foreign countries

Judicial appointments

all federal judges, federal attorneys, and US marshals

After they’re appointed, the president cannot dismiss… (2)

federal judges (judicial branch is independent and free of outside influence), commissioners of independent agencies (once confirmed, these officials are mostly independent)

The President’s Cabinet

14 executive department heads and 1 attorney (head of the Department of Justice) general aka the people who run the bureaucratic agencies, heads are nominated by president and confirmed by Senate, 15 departments employ ⅔ of the fed gov’s civilian employees, modern presidents have more diversity in their cabinet

Cabinet members are loyal to…

the president (are chosen by them), the department (career officials may be more loyal to the goals of their department than to the president)

Problem that arise when President tries to controls Cabinet

interest groups (close ties with departments), long careers (careers extend beyond one president so loyalty’s to department), Congress (compete with influence over departments, congressional oversight)

White House Staff

group of loyal key presidential assistants and support personnel (who don't need senate approval to be appointed/dismissed) that provide the President policy analysis and options; highest ranking member is Chief of Staff (manage flow of people and info into oval office)

Office of Management and Budget (OMB)

largest executive office of the President (over 500 career officials) responsible for assisting the President in overseeing the preparation of the federal budget

National Security Council (NSC)

executive office of the President responsible for assisting the President on issues of national security and foreign affairs; comprised of foreign/military adviser, VP, national security adviser, and secretary of state, treasury, and defense

Council of Economic Advisers (CEA)

executive office of the President responsible for providing economic advise and preparing the annual Economic Report of the President; comprised of three economists

State of Union Address

annual speech from the president to Congress updating that branch on the state of national affairs and recommending issues they should address; constitutional/formal Presidential legislative power

Veto power

reject laws that Congress passess but can be overridden by ⅔ vote in both houses; constitutional/formal Presidential legislative power

Line-item veto

 reject specific “line items” on an appropriations bill while allowing the rest of the bill to become law (constitutional/formal Presidential legislative power); declared unconstitutional by Supreme Court in 1997

Informal Presidential legislative power

Party Leader (set’s party agenda; strong influence over party’s congressional goals), National Leader (emphasized during crisis, power to recommend what Congress should do like in 9/11 with Bush), Agenda Setter (FDR to modern day, president starts most major legislation considered by Congress)

Strategies used by president to influence Congress

legislative liaisons (lobbyists that work on president’s behalf), work with leadership in crafting legislation, bully pulpit and media influence, popularity with people, and offer pork to win over legislators

Bully pulpit

presidential appeals to the public and ability to attract media attention to pressure other branches of government to support his or her policies

Divided government

one party controls one or both houses of Congress and the president is from the opposing party (very common for past 50 years)

Consequences of divided government

increased partisanship, gridlock, and unpopularity as public trust of the government declines

President can overcome a divided government by …

bully pulpit to generate public support for their policies, threaten to veto the opposing party, compromise with other party’s congressional leaders, and make alliances with interest groups that will push President’s agenda

Treaty

agreement with a foreign government negotiated by the president and ratified by ⅔ vote in Senate; permanent arrangement (U.S. law) with broad support from Congress and public but can be difficult to be approved by the Senate

Executive agreement

agreement negotiated by the president and a foreign leader that does not require Senate ratification but are not official U.S. laws and an be overturned by future presidents

Presidential checks on the judicial branch (3)

reprieve (temporary delay of a criminal sentence, usually results in a pardon); pardon (presidential act that forgives a crime); appointment of a justice

Appointing a SCOTUS Justice

appointed by president, confirmed by Senate, presidents choses them by seeing if they have a similar judicial philosophy/interpretation of the Constitution and in recent years, to represent the American people via diversity

Factors that increase presidential approval ratings

honeymoon period, rally around the flag effect, good economy and low unemployment, positive press coverage

Honeymoon period

the time following an election when a president's popularity is high (fades quickly)

Rally around the flag effect

rise in public approval of the president that follows a crisis as Americans come together as a nation and rally behind their leader

Factors that decrease presidential approval ratings

scandals, poor performance, long foreign wars, and economic downturn and high unemployment

Lame duck period

time between an election and the inauguration of a new president where the outgoing official have limited power or influence; Congress may block presidential initiatives and nominees

Presidential advantages over Congress with gaining media attention

represents entire nation, leader of the “free world,” more powerful than any member of Congress, speaks with a single voice vs 535 competing voices, bully pulpit

Formal powers as Commander in Chief

deploy troops, recognize nations (sole power to decide which govs the U.S. sees as legitimate), receive ambassadors (meet with other country’s ambassadors)

Informal powers as Commander in Chief

most powerful and recognized global leader (expected to promote democracy, freedom, humans rights), resolve international crises (bc of military and economic strength)

Federalist No. 70

essay written by Alexander Hamilton, which argues for a strong executive leader in the new government of the United States; emphasizes the necessity of energy in the executive branch, suggesting that a single president is more effective and accountable than a plural executive

War Powers Resolution

1973, requires the president to notify Congress within 48 hours of deploying troops; forbids armed forces from remaining for more than 60 days, with a further 30

War Powers Resolution has been unsuccessful because…

congress continues to forfeit power to declare war in favor of granting the President an Authorization of the Use of Military Force, and President can use the CIA to carry out military actions overseas with virtually no Congressional oversight

Authorization to Use Military Force Act

signed into law on September 18, 2001, grants the President the authority to use “all necessary and appropriate force” against those responsible for the September 11, 2001, terrorist attacks and any associated forces; allows for broad presidential authority, military action in any part of the world, and has been used to justify military action beyond Afghanistan

Bureaucracy

large and complex organizations of appointed (unelected) officials; departments and agencies within the executive branch that carry out the laws of the nation

Bureaucrat

an official employed within a government bureaucracy

Common features for all bureaucracies

hierarchical authority, job specialization, and formal rules

The Spoils System

practice in which a political party, after winning an election, rewards its supporters with government jobs and other benefits; used by Andrew Jackson

The Pendleton Act (1883)

an act of Congress that created the first United States Civil Service Commission to draw up and enforce rules on hiring, promotion, and tenure of office within the civil service. Also known as the Civil Service Reform Act of 1883

Political patronage

filling of administrative positions as a reward for support, rather than merit

Federal civil service

the merit

Merit system

a system of hiring and promotion based on competitive testing results, education, and other qualifications rather than politics and personal connections

Office of Personnel Management (OPM)

independent agency of the U.S. federal government responsible for managing the civil service and ensuring the effective recruitment, hiring, and retention of federal employees

Size of Federal Bureaucracy

federal gov employees has been constant since 1950 but state/local gov employees has steadily increased since 1950 (due to block grants and federal mandates/devolution)

Department of State

Handles foreign affairs and relationships with other nations; makes recommendations on foreign policy, negotiates treaties, speaks for the United States in the United Nations, and represents the United States at international conferences

Department of Housing and Urban Development

Aims to create a decent, safe, and sanitary home and living environment for every American; is responsible for home ownership programs, providing housing assistance for low income persons, helping the homeless, and promoting growth and development in distressed neighborhoods

Department of Veteran Affairs

Acts as the principal advocate for veterans and their families ensuring that they receive medical care, benefits, social support, and lasting memorials recognizing their service.

Department of Homeland Security

Works to prevent terrorist attacks within the United States, reduce America's vulnerability to terrorism, and minimize the damage from potential attacks and natural disasters.

Department of the Treasury

Formulates and recommends economic, financial, tax, and fiscal policies; serves as financial agent for the US Government; enforces the law, and manufactures coins and currency

Department of Health and Human Services

Protects the health of all Americans and provides essential human services; duties include conducting medical research, preventing the outbreak of diseases, assuring the safety of food and drugs; administering financial assistance for low income families; protecting against child and domestic abuse; and protecting against drug abuse

Department of Energy

Researches and develops reliable energy systems that are friendly to the environment, but are not too expensive; also responsible for the Nation's nuclear energy and weapons technologies.

Department of Transportation

Ensures a fast, safe, efficient, accessible and convenient transportation system. This includes transportation of people and goods by car, plane, train, and ship. Is also responsible for maintaining the federal highway system

Department of Education

Establishes guidelines and provides leadership to address American education; helps local communities meet the needs of their students; helps individuals pay for college and prepare for employment.

Department of Labor

Oversees the interests of US workers by protecting workers' wages, health and safety employment and pension rights; promoting equal employment opportunity; and administering job training, unemployment insurance, and workers' compensation

Department of Defense

Provides the military forces needed to deter war and to protect the security of the United States. The Army, Navy, Air Force, Marines, Coast Guard, National Guard, and Reserve Forces are part of this Department

Department of Commerce

Promotes economic, business, and job opportunities for all Americans; is responsible for all copyrights, patents, and trademarks. It also plays a major role in federal government matters related to oceans, weather, and technology

Department of Agriculture

Ensures a safe, affordable, nutritious, and accessible food supply; cares for agriculture, forest, and rangelands; supports the development of rural communities; and provides economic development for farmers and rural residents

Department of the Interior

Oversees national conservation efforts and is responsible for most of our nationally owned public lands, natural resources, and wildlife

Department of Justice

Enforces and defends the Federal laws of the United States by preventing and controlling crime, seeking just punishment for those guilty of unlawful behavior; and enforcing the Nation's immigration laws

Non cabinet level bureaucratic institutions

independent regulatory agencies, government corporations, independent executive agencies

Independent regulatory agencies

protect the public by regulating important parts of the economy, led by small commissioners appointed by the president and approved by the senate, commissioners cannot be removed by the president (Federal communications commission, the interstate commerce commission, Securities and Exchange Commission, Federal Reserve Board)

Securities and Exchange Commission

protects investors, maintains fair, orderly, and efficient markets, and facilitates capital formation by enforcing securities laws and regulating securities exchanges, brokers, dealers, investment advisors, and mutual funds

Government corporations

provide a service that theoretically could be provided by the private sector, goal is not necessarily to make a profit but to support the public good (US postal service, amtrak)

Independent executive agencies

resemble a full cabinet department but have smaller (but still large) areas of responsibility, basically like mini cabinet agencies (NASA, Environmental Protection Agency)

Administrative discretion

when congress passes a law to create a new program, it doesn’t establish all of the details about how to carry out (implement) its law, the power to decide how a law is implemented and to decide what congress meant when it passed a law

Policy implementation

instead this is left up to the designated bureaucratic institution that will be overseeing and enforcing the law (decided by congress passing enabling legislation)

Rule making

when a bureaucracy makes rules that affect how legislation operates through the administrative discretion granted to them by congress these rules have the force of law and must be obeyed (just as if congress had written it themselves), public comment period, congressional review

Public comment period

interest parties can present their own opinions on the rules

Congressional review

60 day waiting period where congress can make changes if they desire

ADPIR

Administrative discretion -> policy implementation -> rule making

Regulation

use of governmental and bureaucratic authority to control or change a practice in the private sector economy, the federal government has created over 80,000 pages of regulations and rules, published in the federal register

Deregulation

lifting of restrictions on business and industry; big trend since the 1970s onward (removing rules on the airline industry, power companies, wall street, etc.)

Administrative adjudication

some executive agencies function like courts

Problems with administrative discretion, rule making, regulations, and adjudications

conflicting goals, lack of funding, bad design, fragmentation of responsibilities

Appointments

presidential power to appoint secretaries of cabinet positions, senior agency heads, and top aides. This allows the president to exercise influence over an agency. Power is very limited. The senate gets to approve appointments. Agency heads rarely have much allegiance and loyalty to the president and instead work to pursue their department’s agenda.

Executive orders

a directive, order, or regulation issued by the president, have the full force of law (meaning that they are basically equivalent to a congressional act), but are very limited in scope and by the courts, are not permanent, and can be reversed by future presidents

Economic powers

the president can use the office of management and budget to cut or add to an agency’s budget. Sole power to appropriate funds (set aside for spending) rests with congress.

Divided authority

authority over the bureaucracy is divided between congress and the president, this helps create a system of checks and balances, this also encourages bureaucratic institutions to play one branch of the government against another

Oversight

congress has the responsibility to provide legislative oversight over the federal bureaucracy

Congress uses the following methods to enact oversight

change agency responsibilities, conduct investigative hearings, power of the purse (control agency budget so they control agency spending and priorities)

Executive privilege

president can claim this over conversations or information within the executive branch so as to withhold that information from congress or the public, used to resist congressional oversight

Iron triangles

an alliance among three different pieces

Issue networks

temporary web that develops over the debate or major policy decision or legislative act while it is being debated, the president often chooses people from an issue network who support their views to fill agency positions

Issue group can include

bureaucracies, policy experts, media pundits, congressional staffs, big businesses, and interest groups

The US Marhshal’s Service

the enforcement arm of the federal courts, with key responsibilities including protecting the federal judiciary, apprehending fugitives, managing seized assets, transporting federal prisoners, and operating the Witness Security Program.

Going public

a tactic through which presidents reach out directly to the American people with the home that the people will, in turn, put pressure upon their representatives and senators to press for a president's policy goals

25th amendment

sets the modern rules of succession and also establishes a process for replacing a vice president who leaves office during his or her term

Hamdi V. Rumsfeld

the supreme court held that American citizens accused of terrorism have the right to a hearing