03. The Executive Branch, incl. the Federal Bureaucracy

Qualifications for office

1. 35 years old
2. Natural-born U.S. citizen
3. Lived in country for 14 years total

Federalist 70

Federalist paper by Alexander Hamilton supporting the idea of the presidency as a branch united in one individual -- can execute the law quickly and without hesitation, and can act vigorously in a national emergency -- but at the same time, can be clearly held accountable for his/her actions by the American people.

22nd Amendment

Limits the number of times that a person can be elected president to two terms or ten years: a person cannot be elected president more than twice, and a person who has served more than two years of a term to which someone else was elected cannot be elected more than once

25th Amendment

Clarifies an ambiguous provision of the Constitution regarding succession to the Presidency, and establishes procedures both for filling a vacancy in the office of the Vice President (which did not exist before and therefore the office went vacant for periods of time) as well as responding to Presidential disabilities.

Chief Executive

Solidifies the President's role as the most important person in the policymaking process, inviting new policies and playing an important role in their adoption.

Executive power

The President's generic power to enforce all federal laws

Executive orders

Regulations originating within the executive branch. Executive orders are a form of presidential directive, and are one method the president can control the bureaucracy. Has the force of law, but must live within the boundaries of a law passed by Congress.

E.O. 9981

Famous example of an influential executive order -- President Truman in 1947 used this to desegregate the U.S. military by race

Chief Legislator

Term that refers back to the President as the nation's main architect of its public policies; sets the overall shape of the congressional agenda both in their political platform but in their policy agenda presented in their State of the Union Address.

Presidential veto

The constitutional power of the president to send a bill back to Congress with reasons for rejecting it. A two-thirds vote in each house can override a veto without further deliberation.

Pocket veto

A type of veto occurring when Congress adjourns within 10 days of submitting a bill to the president and the president simply lets the bill die by neither signing nor vetoing it. Bill does not go to originating house; no override can revive the bill. Must start legislative process over again.

Line-item veto

Power of presidents to "cross out" parts of a proposed bill they do not like, and sign the rest into law -- DECLARED UNCONSTITUTIONAL by the Supreme Court in 1998.

Signing statement

When signing a bill into law, the President's public statement of how he/she understands the bill, and how he'she intends to enforce it -- allows some flexibility in the degree to which he/she will actually enforce the law

Chief Diplomat

The role of the president in recognizing foreign governments, making treaties, and effecting executive agreements.

Ambassador power

The power to send and receive ambassadors; grants the president the power of Chief Diplomat and the exclusive right to represent our country in foreign.

Treaty power

Along with the power of receiving ambassadors, the power to make treaties with the advise and consent of the Senate, grants the president the power of Chief Diplomat and the exclusive right to represent our country in foreign affairs.

Executive agreements

Agreements between the US president and the leaders of other nations that do not require Senate approval so long as it lives within the boundaries of a treaty with the nation in question that has had Senatorial consent.

Recognition power

The President, acting for the U.S., acknowlegdes the legal existence of a country and its government -- denying or removing this is a diplomatic insult to another nation.

Clemency

President's power to show MERCY to criminals; takes the form of pardons, reprieves, and amnesty.

Pardon

Power of the president to forgive a federal offense without penalty or grant release from a penalty already imposed

Commutation

President's power to reduce the length of a criminal's sentence (e.g., from 1 year to 1 month)

Reprieve

The presidential power to postpone the execution of a sentence imposed by a court of law; usually done for humanitarian reasons or to await new evidence.

Appointments (nomination) power

Allows the president the ability to appoint all ambassadors, cabinet members, and federal judges with the advise and consent of the Senate. Grants him limited power as Chief Administrator; appointments necessary for all appointed positions (positions that are not competed publically based on merit) with the exception of the White House Office Staff.

Commander-in-Chief

Constitutional power of the president - "supreme commander" of the nation's armed forces. Important to keep military under civilian control, leads to conflict with Congress over war powers

Gulf of Tonkin Resolution (1964)

Gave U.S. President Lyndon B. Johnson authorization, without a formal declaration of war by Congress, for the use of military force in Southeast Asia -- an example of the President's broad powers to conduct military affairs unhindered.

War Powers Resolution (1973)

Enacted to give Congress a greater voice in presidential decisions committing military forces to hostile situations overseas.
Requires that the president notify Congress within 48 hours of deploying troops.
Requires the president to bring troops home from hostilities within 60-90 days unless Congress extends the time -- ignored by all presidents since 1973.

Chief Administrator

Term for the President as head of the administration of the Federal Government, specifically in determining staffing.

Chief of State

The president as ceremonial head of the United States

Chief of Party

Term for the president as the leader of his or her political party. Is an informal power that has developed over time; traced to the first unified government under Jefferson and his ability to overcome the checks and balances system.

Cabinet departments

A group of 15 Executive agencies led by presidential advisors not mentioned in the Constitution, although every president has had one (traced to Washington) -- today the Cabinet has 14 secretaries + an attorney general -- examples = State Dept., Dept. of Defense

Dept. of State

Oldest Cabinet dept., manages U.S. foreign relations with all other nations

Dept. of Defense

Largest Cabinet dept., responsible for all military activities -- home of the Joint Chiefs of Staff, heads of all four military branches

Bully pulpit

The Presidency is a "bully pulpit" - a good position from which to inspire Congress & the nation, with the help of the media, to follow his political agenda. Example = FDR's fireside chats

State of the Union

A yearly report by the president to Congress describing the nation's condition and recommending programs and policies. The report is required by the Constitution; used by modern presidents to lay out their legislative agenda before Congress and the nation.

Imperial presidency

A term that refers to the growth of presidential powers in which the powers go virtually unchecked

Electoral mandate

The President's perception that an election victory signals broad support for his/her proposed policies -- even if he/she won by a very slender margin.

Coattails effect

The situation occurring when voters cast their ballots for congressional candidates of the president's party because they support the president. Can have reverse coattail, if president is unpopular.

Divided government

When one or both houses of Congress is controlled by the political party OPPOSING the President's party -- makes it harder to enact his/her legislative agenda.

Balance the ticket

The practice of choosing a presidential running mate who can strengthen a presidential candidate's chance of being elected

Vice President

Established in Article 1 Section 3 of the Constitution. Required to stand as President of the Senate and is included in 25th Amendment's presidential line of succession. Limited formal authority as we do not have a plural executive.

Bureaucracy

A hierarchical authority structure that uses task specialization, operates on the merit principle, and behaves with impersonality -- describes the way the Executive Branch functions.

Patronage

One of the key inducements used by party machines. A patronage job, promotion, or contract is one that is given for political reasons rather than for merit or competence alone -- how government used to typically function, and still does today, to a degree.

Civil service

A system of hiring and promotion based on the merit principle and the desire to create a nonpartisan government service

Merit principle

the idea that hiring should be based on entrance exams and promotion ratings to produce administration by people with talent and skill -- largely characterizes the Executive bureaucracy today.

White House Office

EOP group that includes the President's most trusted personal advisors (led by White House Chief of Staff); members do not need senate confirmation

Chief of Staff

Head of the White House staff, who has continuous, direct contact with the president. Referred to as the president's gatekeeper.

Executive Office of the President

The cluster of presidential staff agencies that help the president carry out his responsibilities. Currently the office includes the Office of Management and Budget, the Council of Economic Advisers, and several other units.

National Security Council

The committee that links the president's foreign and military policy advisers. Its formal members are the president, vice president, secretary of state, and secretary of defense, and it is managed by the president's national security assistant.

Office of Management and Budget (OMB)

The office that prepares the president's annual budget proposal, reviews the budget and programs of the executive departments, supplies economic forecasts, and conducts detailed analyses of proposed bills and agency rules.

Government corporations

A government organization that, like business corporations, provides a service that could be delivered by the private sector and typically charges for its services. The U.S. Postal Service is an example.

Independent executive agencies

The government agencies not accounted for by Cabinet departments, independent regulatory commissions, and government corporations. Administrators are typically appointed by the president and serve at the president's pleasure. Examples = NASA, FBI, EPA.

Independent regulatory commission

A government agency with responsibility for making and enforcing rules to protect the public interest in some sector of the economy and for judging disputes over these rules - Nuclear Regulatory Commission is an example.

Policy implementation

The stage of policymaking between the establishment of a policy and the consequences of the policy for the people affected. Implementation involves translating the goals and objectives of a policy into an operating, ongoing program.

Discretionary authority

Power of Executive agencies to take a law and translate it into a specific set of rules/guidelines -- and then to ensure it is achieved -- agencies have a lot of FLEXIBILITY in doing all this

Compliance monitoring

An Executive agency's power to FOLLOW UP, to make sure corporations, etc. are actually doing what they're supposed to, in terms of following federal regulations - example = EPA sending agents to measure air/water samples near a factory that had recently violated EPA environmental standards

Appropriations

Funding that must be authorized by Congress for any federal spending -- Executive agencies need this money, and so this is a way Congress can act to control these agencies.

Oversight hearings

Hearings held by a Congressional Committee to review the performance of an agency -- way Congress can hold them accountable

Red tape

Complex Executive agency rules and procedures that must be followed to get something done

Pendleton Civil Service Act of 1883

Passed in 1883, an Act that created a federal civil service so that hiring and promotion would be based on merit rather than patronage.

Office of Personal Management (OPM)

Executive Branch office in charge of hiring for most federal agencies, and also responsible for creating a yearly federal government budget (Congress must still approve it, though).

Iron Triangles

Also known as subgovernments -- a mutually dependent, mutually advantageous relationship between:

1. bureaucratic agencies
2. interest groups
3. congressional subcommittees

... which come to dominate many areas of American policymaking -- WITHOUT the American people knowing much about it, or having much say in it