Copy of Advising POTUS

Advising POTUS

  • The Role of the President: Advising functions performed by various departmental heads.

Organizational Structure

  • Types of Organizational Structures:

    • Pyramid or Hierarchy: Traditional top-down chain of command.

    • Circular or Wheel and Spoke: Emphasizes a more inclusive communication style.

    • Ad Hoc: Meets immediate needs as they arise, often temporary.

The First Cabinet

  • Nature: Informal institution without a constitutional basis; referenced indirectly in the 25th Amendment.

  • Membership: Based on tradition and the discretion of the president.

  • Precedent Set by Washington:

    • First Cabinet comprised four key members:

      • Secretary of War: Henry Knox

      • Secretary of the Treasury: Alexander Hamilton

      • Secretary of State: Thomas Jefferson

      • Attorney General: Edmund Randolph

The Cabinet Today

  • Composition: Currently consists of 15 secretaries.

  • Authority: Only Congress has the power to create or dissolve cabinet departments.

The Role of the Cabinet

  • Key Responsibilities:

    • Execute laws and assist the President in decision-making processes.

The Executive Office of the President (EOP)

  • Purpose: Provides advisory and policy-making support directed towards individual presidents.

  • Structure: Acts as a mini-bureaucracy with close advisors located in the White House.

The Cabinet vs. EOP

  • Differences between Cabinet and EOP:

    • The nature of their functions, membership, accountability, and creation.

  • Overlaps: Some functions and members may have roles in both.

What’s Included in the EOP?

  • Agencies that are part of the EOP:

    • Office of Management & Budget (OMB)

    • Council of Economic Advisers (CEA)

    • National Security Council (NSC)

  • Total: 8 departments/agencies in the EOP.

The White House Staff

  • Responsibility: Staff is directly accountable to the President, includes personal assistants and legal counsel.

  • Notable Members:

    • Karl Rove, Rahm Emanuel, John Kelly, Ron Klain, Jeff Zients, Susie Wiles.

White House Staff Key Positions

  • Critical Roles:

    • White House Chief of Staff

    • Communications Director

    • Press Secretary

    • National Security Advisor

    • White House Counsel

Influence in the White House

  • Why Modern Presidents Rely on White House Staff:

    • Increased loyalty due to direct hiring/firing power.

    • Appointments require no Senate approval compared to Cabinet.

    • Oversight issues: White House Staff faces significantly less Congressional oversight.

Why Modern Presidents Rely on the White House Staff More than the Cabinet

  1. Loyalty: Staff is directly appointed by President; Cabinet is divided with varying loyalties.

  2. Appointment Process: Staff appointments do not require Senate approval, while Cabinet members do.

  3. Oversight: White House Staff operates with minimal oversight compared to Cabinet members who are subject to congressional scrutiny.

Proximity = Power

  • Layout Analysis:

    • Description of significant areas within the White House:

      • Oval Office, Cabinet Room, Dining Room.

  • Key Departmental Members:

    • Kamala Harris (Vice President), Ron Klain (Chief of Staff), Steve Ricchetti (Senior Adviser), and others.

Who Carries Out Foreign Policy?

  • Key Players:

    • President

    • Secretary of State/State Department

    • Secretary of Defense/Military

    • U.S. Ambassadors

    • C.I.A.

Constitutional War Powers: The President

  • Powers:

    • Commander in Chief of the Army & Navy

    • Commission all officers

    • Make treaties

    • Appoint and receive ambassadors

Inherent Powers Post 9/11 Examples

  • Actions Taken:

    • Suspension of due process rights for detainees.

    • Warrantless electronic surveillance.

    • Military action without congressional authorization (examples involving GWB and BHO).

President Informal Powers: Executive Orders

  • Definition: Orders that carry the force of law, issued by the President.

  • Examples:

    • FDR's internment of Japanese Americans

    • Truman’s military desegregation

    • Clinton’s military policy on gays in the military.

President Informal Powers: Executive Agreements

  • Definition: International agreements made by a President that have the force of a treaty; no Senate approval needed.

  • Examples:

    • Jefferson’s Louisiana Purchase negotiation

    • FDR during WW II

    • Bush’s trade agreements with Japan.

Constitutional War Powers: Congress

  • Authority:

    • Declaring war

    • Raising and supporting the army & navy

    • Ratifying treaties

    • Advising & consenting to ambassadors

    • Organizing and training the militia.

Is The WPR an Effective Check on Presidential Power?

  • Historical Usage: Invoked 111 times by Presidents since 1973.

  • Congressional Actions: Instances of Congress voting against presidential war power usage under the WPR.

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