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.