presidential and congressional powers

Topic 2.2: Structures, Powers, and Functions of Congress

Introduction

  • Dr. Briscoe introduces topic 2.2 on structures, powers, and functions of Congress at Suncoast Community High School.

  • Focus on how Congress creates a budget, mandatory vs. discretionary spending, and court rulings related to budgeting.

Goals of the Session

  • Describe how Congress generates a budget addressing both discretionary and mandatory spending.

  • Reiterate the power of the purse as Congress's constitutional ability to raise revenue and spend money on behalf of the government.

Constitutional Basis for Budgetary Powers

  • Article I, Section 7, Clause 1:

    • Provides the basis for Congress's authority to raise revenue through bills originating in the House of Representatives.

    • Stipulates that no money can be drawn from the treasury without appropriations made by law.

    • Mandates that a regular statement and account of all public money receipts and expenditures must be published.

Essential Questions

  1. How does Congress generate a budget?

  2. How do court rulings affect lawmaking in the House and Senate?

  3. How do rising entitlement costs impact discretionary spending?

  4. How does Congress decide to increase tax revenues or manage a budget deficit?

The Budget Creation Process

  • The budget is likened to an individual or business budget, detailing income and expenses.

  • Actors in the Budgeting Process:

    • Both houses of Congress, the Executive Branch, specifically the Office of Management and Budget (OMB), and interest groups.

The Role of the Office of Management and Budget (OMB)

  • Assists the President in formulating a budget proposal.

  • Reviews federal department and agency needs, aligns with the President’s agenda, and estimates incoming revenue.

  • Sends the proposal to Congress in February for review before the fiscal year ends on September 30.

Congressional Budget Office (CBO)

  • Nonpartisan accountants that assist Congress in reviewing the President's budget proposal.

  • Analyzes current budget and prepares future budget projections.

Key Components of the Budget

  • Revenue (Money In):

    • Primarily from individual income taxes, corporate income taxes, and payroll taxes.

  • Spending (Money Out):

    1. Mandatory Spending:

    • Spending required by law, e.g., interest on debt.

    1. Discretionary Spending:

    • Approximately 40% of the total budget (as of 2019) that covers other government expenses, e.g., defense, education, and national parks.

Pork Barrel and Earmarks

  • Pork Barrel: Funds allocated by Congress to benefit specific projects in individual states or districts to support re-election.

  • Earmarks: Specific provisions within spending bills that direct funds to particular projects or vendors, often debated among legislators.

Trends in Spending

  • Mandatory spending has increased significantly from 30% (1950) to 70% today.

  • Challenges in balancing the budget due to increasing mandatory spending.

  • Potential solutions include decreasing discretionary spending, increasing revenues via taxes, or borrowing, thus increasing national debt.

Visual Aids

  • Representatives are encouraged to refer to graphs detailing federal budget distributions of mandatory and discretionary spending.

Summary Questions

  • Example of discretionary spending? (e.g., national parks)

  • What scenario illustrates a member of Congress supporting pork barrel legislation?

Ideas to Take Away

  • Understand the complexities of Congressional budgeting and the influencing legal rulings and policies regarding spending.

  • Understand how increasing entitlement costs impact budget decisions and potential fiscal strategies Congress may adopt.

Topic 2.4: The Roles and Powers of the President

Introduction to Presidential Powers

  • Discussion on the formal and informal powers of the President and how they help implement a policy agenda.

Learning Goals

  • Identify and describe the formal powers of the president.

  • Identify and describe the informal powers of the president.

  • Understand how these powers can be legitimized and applied to policy implementation.

Sources of Presidential Power

  • Formal Powers (found in Article II, Sections 1 & 2, and Article I, Section 7):

    1. Commander in Chief of the Armed Forces.

    2. Grant reprieves and pardons.

    3. Negotiate treaties with Senate consent.

    4. Veto legislation passed by Congress.

  • Informal Powers:

    • Executive agreements (bypass Senate for treaties), bargaining/persuasion, executive orders (laws enacted by the president), and signing statements indicating presidential concerns about legislations.

Historical Context and Concerns

  • Brutus’s Perspective: Concerns about the overreach of executive powers and the need for limitations to preserve liberty.

  • Hamilton’s Argument in Federalist 70: Advocates for a strong executive as essential for effective governance, cautioning against weak leadership.

Mechanics of Power Expansion

  • Historical Precedents: Modern presidents tend to extend their powers through such actions, setting precedents for successors.

  • The legitimacy of informal powers often stems from long-term usage without being challenged in courts.

  • Importance of checks and balances in government functionality.

Limitations on Presidential Power

  • The president’s power is quelled by frequent elections, with public accountability driving actions.

  • Twenty-Second Amendment: Limits presidents to two elected terms to regulate power accumulation.

Summary Points

  • Understanding how formal and informal powers work together to shape policy.

  • The significance of historical debates and the evolving nature of executive authority.

Topic 2.6: Expansion of Presidential Power

Overview

  • Continuation of discussion on the expansion of presidential powers, referring to Federalist 70 and broader implications of historical decisions.

Goals for Understanding

  • Identifying how presidential power has expanded and the justification for such changes.

  • Critically analyzing Hamilton’s assertions about a single executive vs. previous concerns regarding a centralized power.

Mechanisms of Control

  • Emphasis on the importance of public interest representation and the need for holding power accountable through checks and balances.

  • The role of the Electoral College in managing presidential power.

Source Analysis Skills

  • Analyzing the claims made in Federalist papers and understanding the historical context for those claims.

Conclusion

  • Recap the legislative and executive branches' dynamic and how interpretations of power roles continue to evolve based on precedent and public expectation.

Further Considerations

  • Encourage critical thinking about the nature of executive power and the implications of its possible future expansions or constraints via legal frameworks and public opinion.