POLI 7

The Presidency

  • Historical Executive Power Models

    • Monarchy & Colonial Governors: Too powerful, violating separation of powers.

    • State Governors (Pre-1800): Too weak, unable to check the legislature.

    • Articles of Confederation: No national executive, powers given to Congress.

  • Presidential Power Framework

    • Need for enhanced and restrained executive power.

    • Presidents accountable to electorate; Electoral College established as a check on popular vote.

  • Key Presidential Powers

    • Pardon: Individuals treated as though no offense was committed.

    • Veto: Can veto legislation; Congress may override with 2/3 majorities.

    • Propose Legislation: Right to propose legislation and update Congress (Article II, Sec 3).

    • Appointment: Shares power with Senate; officials serve at President's pleasure.

    • Take Care Clause: Ensure laws are faithfully executed (Article II, Sec 3).

    • Foreign Affairs: Broad powers including appointing ambassadors, treaties approval, and military command.

  • Evolution of Presidential Power

    • Jeffersonian Era (1800-1900): Reassertion of constitutional limits.

    • Modern Presidency (1901-Present):

    • Roosevelt expanded power; viewed as limits imposed by constitution.

    • Wilson and FDR continued expansion; Truman upheld FDR policies.

  • Bases for Expansion of Executive Power

    • Inherent Powers, Congressional Acts, Judicial Interpretation.

  • Inherent Powers (Lincoln and Civil War)

    • Lincoln: Actions deemed necessary for national preservation, even if unconstitutional.

  • Arguments on Presidential Power

    • Mansfield advocates for a strong executive.

    • Emphasizes necessity of accountability and the role of public opinion as oversight.

  • Presidential Responsibilities

    • Broad foreign affairs roles: Chief diplomat, trade negotiator, military commander.

    • Domestic authority relies on persuasion, not unilateral action.

  • Important Features of Presidential Establishment

    • Cabinet: Consult and execute presidential vision.

    • Executive Office: Supports president with over 1,700 professionals.

    • Vice President: Historically insignificant, gained importance recently.

The Bureaucracy

  • Function of Bureaucracy

    • Implements policy made by Congress and President.

    • Defined as a hierarchical organization with merit-based employee responsibilities. (Are also based on knowledge and experience)

  • Historical Development

    • Originated with a small number of departments; expanded significantly post-Pendleton Act (1883).

    • Significant growth through regulatory demands and crises (e.g., Great Depression, WWII).

  • Bureaucratic Structure

    • Three waves of development: basic government tasks, specific consumer needs, and social services.

    • Regulatory commissions and agencies developed for specialized tasks.

  • Policy Implementation

    • Administrative Procedures Act (1946): mandates bureaucracies use rationality and fairness in rule-making.

    • Includes rulemaking and administrative adjudication processes.

  • Bureaucratic Autonomy

    • Balancing efficiency and accountability; bureaucracies insulated from external pressures.

    • Iron triangles consist of bureaucrats, congresspersons, and constituents, ensuring protection of bureaucracy's interests.

  • Control of Bureaucracy

    • Managed through executive, congressional, judicial controls, and citizen oversight.