executive branch & bureaucracy

list all articles

lazy elephants jump slowly and sleep regularly - legislative, executive, judicial, states reserved powers, amendments/amending the constitution, supremacy, ratification

which article is about the executive branch?

article 2

requirements to become president

1. Natural-born citizen

2. at least 35 years old

3. Resident for at least 14 years prior to taking office

formal powers of the president (+ define “formal powers”)

= explicitly given in Constitution

1. Commander-in-Chief

2. Issue pardons (legal forgiveness for a federal crime) & reprieves (temporary postponement or delay in implementing a criminal sentence) - ex. Nixon given pardon by Ford

3. Appoints ambassadors, cabinet members, judges (SCOTUS & lower court), etc

4. Veto or approve bills (SVDp²)

5. Convenes congress meetings

informal powers of the president (+ define “informal powers”)

= inherent (not stated in const.) or given by Congress and/or Courts over time

1. negotiating treaties

2. running federal bureaucracy (implements/enforces laws passed by Congress & signed by Pres)

3. signing statements

4. Bully Pulpit

5. executive orders

Define Bully Pulpit

president's use of their highly well known position/platform to influence public opinion to apply pressure other branches of government and/or shape national conversation - key concept in presidential communication, showing how the president leverages the prestige of their position to advocate for policy and rally public support

4 presidential roles

1. Chief Legislator

2. Commander-in-Chief

3. Chief Diplomat

4. Chief Executive & Administrator

1. Chief Legislator

• Recommends legislation (ex. at SOTU address)

• Power of Persuasion —> Bully pulpit

• Veto power (pocket veto)

  • pocket veto

  • line-item veto

Power of Persuasion (+ what pres role does this come from?)

as Chief Legislator — Pres can address AM citizens directly to influence policy, secure public support, and achieve legislative goal/policy (if passing smtn through Congress will be difficult; aka Bully Pulpit w/ applying pressure on another branch)

Pocket Veto

an indirect veto of a legislative bill by the president by not acting on the bill for more than 10 days and Congress is not in session — done to not be associated w/ bill

Line-Item Veto

Pres are able to veto a specific line, part, or section of budget spending from an appropriations bill —declared unconst. after Clinton v. NYC —> only gov can do now

2. Commander-in-Chief (+what act relates to this role?)

• some discretion in using military force

  • only Congress can declare war

• changing world led to expansion of this power

  • ex. wars w/o declaration like Cold War, War on Terror, Iraq Wars, Vietnam War attacks

• War Powers Act of 1973

War Powers Act of 1973 (+ what pres role did this affect?)

enforced after Pentagon Papers — limited Pres ability to use military force w/o Congress’s consent

• 60-day window of military force allowed w/o declaration

• must notify Congress 48 hrs after deploying forces for approval & continuation

3. Chief Diplomat

• guides foreign policy & negotiates treaties (not legally binding until 2/3 senate approves though)

  • Treaty of Versailles 1919

• Executive Agreement: non-binding agreement w/ foreign officials

Executive Agreement

Pres as Chief Diplomat — a non-binding, international agreement b/w the US Pres & foreign official that does not require Senate approval

• exists to overcome difficulties of Senate oversight —> made more quickly & flexible

  • ex. Limited Test Ban Treaty of 1963 by Kennedy & Nikita Khrushchev during Cuban Missile Crisis

• Can be overturned by future Pres

  • ex. Iran Nuclear Deal 2015 (limit Iran's nuclear program in exchange for sanctions relief)

4. Chief Executive & Administrator

• President & their cabinet appointees (can be fired by only executive) are responsible of enforcing or implementing new laws to help shape their policy agenda (interpretation)

• Executive Orders

• Administrator powers

  • Signing Statements

  • Executive Privilege

Define Executive Orders

• kinda legislative power that allows Pres direct policy implementation or action w/o consulting w/ Congress

  • Ex. Executive Order 9066 w/ mass incarceration of Japanese-Americans

• Cannot be used to address Congress’s enumerated powers (stated in const.)

  • Ex. change tax policy, interstate commerce clause laws

Signing Statements

written comments issued by a President when signing legislation into law used to state their interpretation of it —> how they intend to enforce it

• gives some freedom to Pres

Executive Privilege

Pres’s right to withhold certain info from other branches or public to protect confidentiality

• ex. discussions or conversations they have had

• doesn’t count when Pres is charged w/ crime —> ex. US v. Nixon w/ Watergate

causes of the rise of imperial presidency (centralization of pres power)

• personalities & popularity (ex. jackson)

• national crisis (civil war, vietnam, cold war/fear of communism, war on terror, world wars)

  • the US emerging as a world power (enhancing power in foreign affairs) —> imperialism

• increased executive control over the legislative process

which president did the most to expand the power of the pres (and how?)

FDR

• broke washington’s term precedent —> 22nd amdt

• attempt to pack the court for his New Deal

• Executive Order 9066 (internment of japanese americans)

wars powers act of 1973

limited pres power to send forces internationally and declare war w/o senate consent

• 48 hrs to notify Congress of sending troops

• 60 day window for congress to vote on whether to continue or remove military deployment

how is the pres the “Communicator-In-Chief”? (+ examples)

he is more well known and can communicate easier with the US people compared to other branches

• State of the union addresss

• TR & bully pulpit

• FDR & Fireside Chats

• Press secretary

• Social media

3 parts of the white house staff

1. Office of Management and Budget (OMB)

2. Chief of Staff — access to Pres “gatekeeper,” close advisor on policy & politics managing the Pres’ schedule

3. National Security Council — CIA + other intelligence chiefs, sec of state & def, & top officers of the military

Office of Management and Budget (OMB)

creates budget each year to be passed by Congress

the cabinet

total of 15 principal secretaries that advice the Pres & run the executive departments—appointed by pres to carry out policy agenda

state department

oldest; focuses on US foreign policy & international relations

ex. negotiates treaties; represents the U.S. in international organizations like the United Nations; protects American interests and citizens abroad; issuing passports and visas

• ambassadors for each country (appointed by pres)

  • 2/3 are professional diplomats (worked their way up)

  • 1/3 are political appointees (political connections or aided pres)

defense department

responsible of military force & national security; civilian overseers of the military section/aren’t active in military (prevent dictatorship, bias, risk of capture)

federal agencies

subcabinet organizations that carry out specific govt functions

• often part of larger department

  • except independent agencies

• ex. FBI (Justice Dept), Coast Guard (Homeland Sec)

federal bureaucracy tasks & duties

vast hierarchical organizations of executive branch employees

1. “Discretionary Rule Making” — power to interpret and create laws & binding regulations to enforce public policy; ex. EPA’s Clean Water Act

2. Enforcing & Fines — can impose fines and other punishments to industries or companies that violate policies; ex. Deepwater Horizon Oil Spill

3. Testifying before Congress — make sure they’re doing their job 

independent agencies

has unique but evolving powers to enforce or regulate industry; not under a cabinet department; board of 5-7 ppl (compared to 1 person); staggered terms to prevent presidential control; ex. CIA, EPA, NASA

ways federal bureaucracy implements the law

1. creating agencies to pay subsidies (sum of money granted by the government to assist an industry or business so that the price of a commodity or service may remain low or competitive)

2. grant system for giving $ to states (grants)

3. regulatory authority — ex. EPA define emission standards or Compliance Monitoring

Delegated Discretion Authority

Congress allows agencies the power to interpret legislation, create specific rules/policies, and implement them immediately — ex. EPA & Clean Air Act

Iron Triangles

mutually beneficial relationship b/w agencies, Congress, & interest groups who work tgtr to create policies

most influential VP?

Dick Cheney for Pres George W Bush

National Security Council (NSC)

advises the Pres on national security and foreign policy

are bureaucrats appointed by pres?

no

departments vs. independent agencies

departments

• led by 1 cabinet secretary

• more politically influenced

• broad control & mandates

independent agencies

• more autonomy (free from political pressure w/ staggered terms)

• led by 5-7 member board

• specialized functions

iron triangles v. issue networks

two models of policymaking relationships, but differ in structure and stability

• iron triangle — long-term, stable alliance for mutual benefit

• issue network — looser, more temporary coalition of various actors (including academics, lobbyists, think tanks, media, and government officials) who form around a specific policy issue

  • often competing/opposing interests

What caused the change from spoils system & patronage —> merit system? (what act resulted)

Death of Pres Garfield after guy wasn’t hired for supporting his presidency —> Pendleton Civil Service Act of 1883

• set up modern federal bureaucracy w/ civil service commission

Pendleton Civil Service Act of 1883

replaced the patronage-based "spoils system" w/ a merit-based system for government jobs, requiring candidates to pass open, competitive examinations and be qualified

Civil Service Reform Act 1978

diversified government (not like Wilson), set merit-based hiring, changed firing practices, & greater oversight to prevent political influence & patronage

Congressional Oversight

Congress's power to review, monitor, and supervise the implementation of public policy by the executive branch (bureaucracy) to ensure laws are faithfully executed, public interests are served, and to prevent waste, fraud, or abuse.

• ex. Committee Hearings, conducting investigations, reviewing agency reports

• House’s Power of Purse authorizes and checks spending

Presidential oversight (how does the Pres do this & what agency does this too?)

power of the Pres to supervise executive agencies and ensure that laws are being faithfully implemented and carry out agenda

• Office of Information & Regulatory Affairs (OIRA)

• appoints officials & issues orders to the bureaucracy to fulfill agenda

Office of Information & Regulatory Affairs (OIRA)

part of OMB (office of management & budget) reviews proposed federal regulations from agencies/departments to ensure they align with the president's priorities/agenda

how does Congress maintain oversight/keep the bureaucracy in check?

• Final say through Committee Clearance (background check, action approval, establishments)

• prior: legislative veto (struck down by SC decision in INS v. Chadha)

how do the Courts maintain oversight/keep the bureaucracy in check?

• sometimes overlap in prosecution of offenders in criminal trials

• challenges to agency actions carried out in federal court from court decisions — "US Circuit Court of Appeals”

  • courts used to support independent agency decisions

whistleblower protection act of 1989

protects government employees from retaliation when they report wrongdoing, such as fraud, waste, and abuse, within their agencies; excludes when national — ex. watergate