The Best Executive Notes

(1732) The ROLES and POWERS of the President [AP Gov Review Unit 2 Topic 4 (2.4)]

Introduction

• Overview of the roles and powers of the President of the United States (P.O.T.U.S).

• Aim of the video: to explain how the president can implement a policy agenda.

Policy Agenda

• Definition: The set of policies a candidate promises to enact if elected.

• An informal contract between the president and voters regarding expected actions and laws.

Presidential Authority to Pass Laws

• The president cannot pass laws directly; this power belongs to Congress.

• The president can still influence law-making through formal and informal powers.

Formal Powers of the President

Veto Power

• Definition: The president can reject bills from Congress.

• Origin of the term: "veto" comes from Latin meaning "I forbid."

• Process: After receiving a bill, the president has 10 days to sign it into law or veto it. A vetoed bill can be overridden by Congress with a two-thirds vote.

• Strategy: Presidents often communicate their willingness to veto legislation to guide Congress in crafting bills they will support.

Pocket Veto

• Definition: An indirect veto that occurs if the president does not sign a bill and Congress adjourns within the 10-day period.

• Implication: The bill does not become law if the president does not act.

Commander-in-Chief

• Definition: The president's role as the head of the U.S. Armed Forces.

• Run through foreign policy initiatives based on an agenda.

• Example: Joe Biden's decision to withdraw troops from Afghanistan as part of his campaign promise.

Informal Powers of the President

Bargaining and Persuasion

• Definition: The ability of the president to influence Congress and the public to pass legislation.

• Impact of approval ratings: Higher ratings enable more leverage in Congress.

• Example: Lyndon Johnson's successful Great Society legislation due to high approval; Clinton's healthcare reform struggles at lower approval ratings.

Executive Orders

• Definition: Directives issued by the president with the force of law.

• Scope of authority: Used to direct federal agencies or allocate funds for the implementation of policies.

• Example: Trump's diversion of funds for building a border wall via an executive order, and Lincoln's Emancipation Proclamation as a military strategy.

Signing Statements

• Definition: A statement issued by the president when signing a bill into law that outlines how he interprets the law.

• Common use: Presidents might disagree with aspects of the law while still signing it, influencing how it is executed.

• Example: Franklin Roosevelt's signing statement regarding a World War II law he believed contained unconstitutional sections.

Executive Agreements

• Definition: International agreements made by the president without Senate approval; not formal treaties.

• Politically binding but not legally binding: Valid only while the president is in office.

• Example: Obama's Paris Accord agreement on climate change, and how Trump and Biden’s differing approaches impacted U.S. involvement.

Conclusion

• Summary of how the president uses both formal and informal powers to enact policy agendas.

• Encouragement to subscribe and engage with further educational materials.

CHECKS on the PRESIDENCY [AP Gov Review Unit 2 Topic 5 (2.5)]

Limits of Presidential Power

• Presidential power exists within a framework of checks and balances, which includes significant limitations imposed by Congress.

Tensions Between the President and Congress

• The president's agenda can cause tensions and confrontations with Congress, particularly the Senate.

• Advice and Consent: The Senate has the constitutional power to approve treaties and various presidential appointments.

Types of Presidential Appointments

1. Ambassadors

• The president appoints ambassadors to represent the U.S. in foreign countries.

• Senate Approval: This appointment typically receives swift and straightforward approval from the Senate (rubber-stamped).

2. White House Staff

• Appointments to the White House staff do not require Senate approval.

• Staffers often include campaign allies and longtime friends of the president.

3. Presidential Cabinet

• The president appoints members of the cabinet, who are heads of major executive departments.

• Senate Approval: Cabinet appointments require Senate approval, which is usually met without significant contention.

• Historical Note: High-profile cabinet appointments can lead to tension, such as Betsy DeVos in 2017, where her confirmation resulted in a tie in the Senate.

  • The tie was broken by Vice President Mike Pence in favor of DeVos.

4. Federal Court Appointments

• Appointments to federal courts, especially the Supreme Court, are the most contentious.

• The stakes are high as justices serve for life, influencing the judiciary long term.

• Contentious Examples:

  • Robert Bork (1987): Nominated by Ronald Reagan but rejected due to concerns over his judicial philosophy and views.

    • His rejection was public and contentious, leading to the term "borking" for character assassination hearings against judicial nominees.

  • Brett Kavanaugh (2018): Nominated by Donald Trump and faced intense scrutiny regarding past behavior and allegations, ultimately confirmed but still underwent a "borking" process.

Conclusion

• Understanding these dynamics helps grasp the complexities of presidential power and the importance of Senate cooperation in appointments, especially in the high-stakes environment surrounding judicial nominations.

Expansion of FEDERAL POWER [AP Gov Review Unit 2 Topic 6 (2.6)]

Presidential Power Expansion

• The power of the presidency has significantly increased since Franklin Roosevelt, with estimates suggesting an increase of 13 to 14 metric butt loads.

• The video aims to explain how presidents interpret and justify their formal and informal powers.

Formal vs Informal Powers

• Formal Powers: Explicitly granted to the president in Article 2 of the Constitution.

  • Examples include:

    • Vetoing legislation

    • Appointing federal judges

• Informal Powers: Not explicitly mentioned in the Constitution but exercised by presidents.

  • Examples include:

    • Bargaining

    • Persuasion

    • Executive agreements

    • Executive orders

• The trend shows that presidents have increasingly utilized both formal and informal powers, leading to a more powerful executive branch compared to the early republic.

Historical Context

• Anti-federalists expressed concerns during the Constitution ratification debates about the potential for presidential power to expand uncontrollably.

• Federalist 70 (Hamilton): Argues for a strong single executive as a safeguard.

  • A single executive can act decisively, and the clear identification of one person holding power ensures accountability.

• In contrast, anti-federalists feared a monarchy.

Different Interpretations of Executive Power

• Teddy Roosevelt: Advocated for a broad interpretation of executive power.

  • Believed the president should act as a steward of the people, unless restricted by the Constitution.

• William Howard Taft: Favored a restricted interpretation.

  • Argued that the president can only exercise powers explicitly granted or reasonably implied by the Constitution.

Evolution of Presidential Power

• George Washington: Limited executive power, often deferring to Congress.

• Andrew Jackson: Shifted the view, acting more as a populist and increasing his use of vetoes (12 compared to Washington's 2).

• Abraham Lincoln: Expanded powers during the Civil War, including suspending habeas corpus and taking significant executive actions to save the Union.

• Franklin Roosevelt: Major expansion of executive powers.

  • Implemented New Deal policies in response to the Great Depression.

  • Increased government spending and created numerous agencies.

  • Was elected four times, challenging the two-term tradition and attempted judicial appointments in favor of his policies.

Long-term Impact on Presidential Power

• Post-FDR, presidential power has generally remained stronger than at the republic's inception.

• Debates today among Republicans and Democrats hinge on the size of government rather than reversing executive power expansion.

Checks on Presidential Power

• Despite increased power, there remain checks and balances:

  • Impeachment: Donald Trump was impeached twice, becoming part of history alongside Bill Clinton and Andrew Johnson. Although he was not removed from office, it emphasized that presidential power is not unassailable.

  • 22nd Amendment: Ratified after FDR's presidency, limiting presidents to two terms, establishing a formal check on executive power.

Federalist 70, EXPLAINED [AP Gov Required Documents]

Introduction

• Topic: Federalist 70 by Alexander Hamilton

• Purpose: Justification for a single executive during the Constitution ratification debates.

Concerns of Anti-Federalists

• Anti-Federalists feared investing power in one executive due to its resemblance to monarchy.

• Proposed a council of executives to prevent any one individual from becoming tyrannical.

Hamilton's Defense of a Single Executive

• Hamilton rejects the idea of multiple executives, asserting:

  • A single executive is essential for a responsive government.

  • Energy in the executive is a fundamental trait for effective governance.

Energy in the Executive

• Definition: Energy implies the capacity to act quickly and decisively.

• Contrast with Legislative Branch:

  • Legislative deliberation slows down decision-making due to the need for debate and compromise.

Benefits of an Energetic Executive

1. Unity

   • Hamilton argues that one executive ensures more energy where decision-making, activity, secrecy, and dispatch are prevalent.

   • Quote: "Decision, activity, secrecy, and dispatch will generally characterize the proceedings of one man..."

   • Consequence: A multitude of executives leads to diminished energy and effectiveness, especially in crises.

2. Responsibility

   • Multiple executives can obscure accountability; it may be unclear who is responsible for failures.

   • Hamilton states that if mismanagement occurs among several individuals, it becomes impractical to identify the culpable party.

   • Simplified accountability: A single executive allows citizens to know who to hold accountable for failures or corruption.

Conclusion

• Summary: While concerns about monarchical power exist, a single executive is crucial for energy and accountability in government.

• Hamilton's stance promotes a government that can effectively respond to crises with clarity in leadership responsibilities.

Presidential Communication [AP Gov Review Unit 2 Topic 7 (2.7)]

Presidential Communication in AP Government

Overview

• Focus on how communication technology has shaped the president's relationship with the national constituency and other branches of government.

• The president has a unique advantage over other politicians due to widespread recognition.

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Key Points

• Public Recognition of the President:

  • People widely know the president; many may not know their congressional representatives.

  • The president embodies the executive branch’s visibility and influence.

• Informal Powers of the President:

  • Persuasion is a critical informal power used to enact policies through Congress.

  • Communication is key in persuading legislators to align with the presidential agenda.

Bully Pulpit Concept

• Definition:

  • Coined by President Teddy Roosevelt; describes the president's ability to influence public opinion and policy through communication.

  • "Bully" historically means excellent or great, emphasizing the potential of the presidency as a platform to drive change.

• Effective Communication:

  • When the president speaks, the nation pays attention, creating opportunities for legislative advocacy.

Constitutional Mandates

• State of the Union Address:

  • Only constitutionally required presidential communication.

  • Historically, Washington delivered it in person; modern presidents adapted it into televised formats starting with Woodrow Wilson.

  • Annual event; serves to outline policy recommendations to Congress and the public.

Evolution of Communication Technology

• Historical Context:

  • Earlier presidents relied on newspapers; filtering by journalists limited direct interaction with the public.

• Franklin D. Roosevelt's Innovations:

  • Introduced "fireside chats" via radio during the Great Depression to explain policies directly to Americans.

  • Successfully garnered public support for his New Deal legislation through accessible communication.

Impact of New Media

• Television:

  • Transformed presidential communication further by adding visual elements to messaging.

  • Notable debates (Nixon vs. Kennedy) showed significant differences in public perception based on how candidates appeared visually on-screen.

• Rise of Social Media:

  • Platforms like Twitter and Facebook allowed presidents to communicate directly without media filtering.

  • Enhanced speed and frequency of communication, reshaping public engagement.

Social Media Usage

• Barack Obama’s Strategy:

  • Effectively used social media during his campaign and presidency to keep constituents informed.

• Donald Trump’s Tenure:

  • Maximized Twitter, averaging 35 tweets per day in his last year, using it for public engagement and political commentary.

  • However, faced restrictions as Twitter banned his account following the Capitol insurrection incitement.

Conclusion

• Communication technology has continually evolved, fundamentally altering the dynamics of presidential outreach and influence over time.

• Understanding these changes is crucial for studying the interpersonal relationship between the presidency and the public in AP Government.

The Federal BUREAUCRACY [AP Gov Review Unit 2 Topic 12 (2.12)]

Federal Bureaucracy Overview

• The federal bureaucracy is comprised of millions of employees responsible for executing the duties of the federal government, falling under the executive branch's authority.

• The primary role of the executive branch is to enforce laws passed by Congress, necessitating a large workforce.

Structure of the Bureaucracy

Cabinet Departments

• There are 15 cabinet departments, each led by department heads who form the president's cabinet.

• Notable examples include:

  • Department of Defense

  • Department of Education

• Each department is divided into agencies working together toward departmental goals.

  • Example: The Department of the Treasury aims to maintain a strong economy, involving several agencies such as:

    • Internal Revenue Service (IRS): Collects taxes and regulates tax policy.

    • United States Mint: Produces coinage and currency.

Independent Regulatory Commissions

• These commissions operate independently of presidential authority yet still fall under the executive branch.

• Their main function is to regulate specific societal aspects.

  • Example: Federal Communications Commission (FCC) oversees broadcast standards and censorship.

Government Corporations

• Hybrid entities combining government functions with private business characteristics.

• Created to offer public services typically serviced better by the free market.

  • Example: U.S. Postal Service provides mail services.

Functions of Bureaucratic Entities

Regulation and Enforcement

• Bureaucracies write and enforce regulations to uphold legislative intent.

  • Example: The FCC mandated closed captioning for the hearing impaired in the mid-90s.

Fines for Non-Compliance

• Enforcement mechanisms include fines for not adhering to regulations, which can include:

  • IRS: Penalizes late tax filings.

  • Environmental Protection Agency (EPA): Fines industries that violate environmental laws like the Clean Air Act.

Interaction with Congress

• Bureaucratic heads, who are experts in their fields, often testify in congressional committees regarding agency operations.

• Collaboration between bureaucracies, congressional committees, and interest groups forms an iron triangle, where:

  • Bureaucrats provide expertise to committees.

  • Committees control funding and engage with interest groups that can influence policy.

  • This cooperation often influences congressional policy-making.

Evolution of Bureaucracy Efficiency

Spoils System

• Initially, the bureaucracy operated under the spoils system, where jobs were granted based on political support rather than qualifications.

  • Example: The assassination of President James Garfield in 1881, triggered by rejecting an applicant related to the spoils system.

Civil Service Reform

• The aftermath of Garfield's assassination led to the Pendleton Civil Service Act of 1883, introducing a merit-based system for hiring in the bureaucracy to increase qualifications and effectiveness.

• This reform continued into the 20th century, making the bureaucracy more professional and specialized.

• Civil Service Reform Act of 1978 furthered these efforts by promoting opportunities for women and enhancing departmental efficiency.

Conclusion

• Understanding the federal bureaucracy's functions, structure, and evolution is crucial for grasping how the executive branch operates in enforcing laws and regulations.

Discretionary & Rule Making Authority [AP Gov Review Unit 2 Topic 13 (2.13)]

Overview of Federal Bureaucracy

• The federal bureaucracy consists of the millions of individuals working in various government agencies under the executive branch.

• Its primary role is to execute the laws enacted by Congress and interpreted by the Supreme Court.

• The president, as the figurehead of the executive branch, is responsible for enforcing the law but cannot do so alone, hence the role of bureaucracy.

Delegated Discretionary Authority

• Definition: The power granted to bureaucratic agencies to make specific rules and regulations under the broader laws passed by Congress.

• Bureaucracies possess rule-making authority, enabling them to create detailed guidelines on how laws are to be implemented.

• An analogy: When parents delegate authority to a child to manage a sibling's chores, the child decides the specifics of how those chores are done based on the parent's general directive.

Examples of Delegated Discretionary Authority

1. Department of Homeland Security

   • Protects against terrorism and manages border control.

   • Has discretion over immigration admission and asylum seeker regulations.

2. Department of Transportation

   • Oversees all modes of transportation, affecting travel regulations.

   • Makes rules for flight attendant work hours and required rest periods.

3. Department of Veteran Affairs

   • Responsible for the welfare of veterans, including healthcare and benefits.

   • Creates rules for veterans' hospitals and education/home loan requirements.

4. Department of Education

   • Manages the implementation of federal educational standards by states.

   • Develops rules for federal grant allocations and school qualification criteria.

5. Environmental Protection Agency (EPA)

   • Aims to protect the environment and public health through regulations.

   • Establishes rules preventing pollution, such as regulations on nuclear waste disposal.

6. Federal Elections Commission (FEC)

   • Administers and enforces laws related to campaign finance.

   • Sets rules for candidate qualifications, fundraising limits, and spending regulations.

7. Securities and Exchange Commission (SEC)

   • Regulates the stock market and protects against fraud.

   • Enforces rules against insider trading and ensures transparency in stock transactions.

Conclusion

• Understanding these examples helps clarify how bureaucratic discretion aids in practical law enforcement and public administration.

(2093) Holding the BUREAUCRACY Accountable [AP Gov Review Unit 2 Topics 14-15 (2.14-15)]

Federal Bureaucracy Accountability

• The federal bureaucracy plays a significant role in implementing laws, using delegated discretionary authority and rule-making procedures.

• Oversight from Congress, the President, and sometimes the Supreme Court is essential for ensuring that the bureaucracy functions as intended.

Congressional Oversight

• Congress wants the bureaucratic agencies to implement laws as intended.

• Two primary methods for Congress to check the bureaucracy:

  • Committee Hearings

    • Congress can hold hearings where agency directors testify on their progress in carrying out laws.

    • Example: Judiciary Committee hearing regarding the FBI's failure to act on Olympic gymnasts' abuse reports.

  • Power of the Purse

    • Congress controls funding for bureaucratic agencies via authorization of spending measures.

    • Agencies must receive approval before spending taxpayer money.

    • The Budget and Empowerment Control Act of 1974 gave Congress enhanced power over budgetary decisions.

Presidential Oversight

• The President has formal and informal powers to ensure bureaucracy aligns with the presidential agenda.

• Formal Powers

  • Appointment Power

    • The President can appoint heads of agencies who align with their policy goals.

    • Example: President Trump fired James Comey as FBI director due to disagreement over the handling of a Russia investigation.

  • Executive Orders

    • The President can use executive orders to direct agencies towards specific agendas.

    • Example: Executive Order 11246 by President Lyndon B. Johnson promoted affirmative action in federal contracting to enforce civil rights.

• Challenges of Compliance Monitoring

  • Bureaucratic inefficiencies can occur due to the time-consuming process of compliance monitoring.

  • Agencies must follow up to ensure rules are followed but this can slow down policy implementation.

Judicial Oversight

• The judicial branch can check the bureaucracy through judicial review.

• If bureaucratic rules or regulations are challenged as unconstitutional, individuals have the right to appeal to the courts.

• Generally, courts favor agencies unless there's a clear constitutional violation.