Presidential Powers and Bureaucracy: Exploring the Executive Branch

1. Congress, The Presidency, The Bureaucracy, The Judiciary: Part II Discuss in the chat box: Should DzhokarTsarnaev have had his Miranda Rights read to him? Why/Why not? Please sign in with your first and last names.

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4. Objective • To review the executive branch and the bureaucracy.

5. Where do you fall?

6. Checks and Balances

7. What do you know about the executive branch?

8. The Presidency

9. Evolution of the Presidency • President’s Term of Office • Traditional 2 term limit until Roosevelt • 22nd Amendment, 1951 • Jefferson and Jackson increased role and power of President • Acts and vetoes • Re-emergence of Congress • After Jackson left office, Congress re-exerted itself • Lincoln the exception • Continuing pattern until FDR and the New Deal • Teddy and Wilson the exception • Current changing view of President as initiator of policy

10. What do you know about the electoral college? • Electoral College

11. What are some of the “hats” that the president must wear?

12. The Powers of the President • Commander in Chief • Head of the armed forces • Commission officers of the armed forces • Chief Jurist • Grant reprieves and pardons for federal offenses • Appoints federal judges • Chief Legislator • Convene congress in special sessions • Proposes legislation • Vetoes legislation

13. The Powers of the President, cont. • Chief Diplomat • Appoints ambassadors • Sets overall foreign policy • Negotiates treaties and executive agreements • Grants diplomatic recognition to foreign governments • Chief Executive • Enforces laws (loosely interpreted), treaties, court decisions • Appoints officials to office • Issues executive orders – which have the force of laws • Chief of State • Ceremonial head of nation • Most nations separate chief of state and chief executive

14. The Powers of the President, cont. • Non-Constitutional Roles • Head of political party • Chief Economist • Greatest source of presidential power is in public opinion • From WWII to today, Presidential power has grown due to public expectations • Cold War, Terrorism

15. The Office of the President • Qualifications • Natural-born citizen • 35 years of age • Resident of the US for at least 14 years • Growth of staff/responsibility • First secretary in 1857 • White House staff, ~ 500 • Staff can isolate president • Appointments to cabinet, courts, agencies, etc.

16. Executive Office of the President • Office of Management and Budget (OMB) • Assemble and analyze figures for the national budget • Studies organization and operations of the executive branch • Reviews federal programs • National Security Council (NSC) • Coordinates foreign/military policy • Growing in importance • Council of Economic Advisers (CEA) • Three person advisory group • Office of Personal Management (OPM) • Office of the US Trade Representative • Central Intelligence Agency (CIA)

17. The Power to Persuade • The Three Audiences • Washington DC • Fellow politicians and leaders • Party Activists • Activists in and outside of Washington • The Public • Fewer and fewer impromptu remarks • More dependent on prepared addresses

18. The Power to Say NO • Veto • Pocket Veto • Executive Privilege • Constitution is silent on matter • President claims right • Separation of Powers: one branch can’t look into affairs of other • Statecraft and prudent administration • First real challenge came in 1973 with Watergate • Impoundment of Funds • Refusal to spend money appropriated by Congress • Congress responded with Budget Reform Act, 1974 • Money must be spent

19. Impeachment • Definition: the process of accusing any government official for misconduct before a proper tribunal • ONLY HOUSE OF REPRESENTATIVES

20. The Process of Impeachment • Speaker of the HouseRules CommitteeJudiciary Committee • Judiciary Committee holds meetings and makes final decision on whether or not to impeach • House of Reps vote, 51% needed to impeach • Trial is held; senate convicts w/ two-thirds vote • (chief justice convicts if president is tried)

21. Cases • Andrew Johnson: impeached by house, not removed from office (senate vote didn’t pass) • Went against Tenure of Office Act by removing Edwin Stanton • Bill Clinton: impeached by house, not removed from office (senate vote didn’t pass) • Affair with secretary • Richard Nixon: never impeached, resigned the night prior to House vote on impeachment • Sent burglars inside Democratic National Committee offices to re-election

22. Question Which of the following is responsible for the preparation of executive spending proposals submitted to Congress? (A) Treasury Departments (B) Council of Economic Advisors (C) Federal Trade Commission (D) Department of Commerce (E) Office of Management and Budget

23. Answer Which of the following is responsible for the preparation of executive spending proposals submitted to Congress? (A) Treasury Departments (B) Council of Economic Advisors (C) Federal Trade Commission (D) Department of Commerce (E) Office of Management and Budget

24. Question All of the following are formal or informal sources of presidential power EXCEPT (A) presidential authority to raise revenue (B) presidential access to the media (C) precedents set during previous administrations (D) public support (E) the Constitution

25. Answer All of the following are formal or informal sources of presidential power EXCEPT (A) presidential authority to raise revenue (B) presidential access to the media (C) precedents set during previous administrations (D) public support (E) the Constitution

26. Question The President’s veto power is accurately described by which of the following statements? I. A President sometimes threatens to veto a bill that is under discussion in order to influence congressional decision-making II. A President typically vetoes about a third of the bills passed through Congress III. Congress is usually unable to override a President’s veto (A.) I only (B.) III only (C.) I and III only (D.) II and III only (E.) I, II, and III

27. Answer The President’s veto power is accurately described by which of the following statements? I. A President sometimes threatens to veto a bill that is under discussion in order to influence congressional decision-making II. A President typically vetoes about a third of the bills passed through Congress III. Congress is usually unable to override a President’s veto (A.) I only (B.) III only (C.) I and III only (D.) II and III only (E.) I, II, and III

28. Question The amount of access cabinet secretaries have to the president is most likely to be controlled by the (A) vice president (B) president’s chief of staff (C) national security advisor (D) chair of the Federal Reserve Board (E) president’s press secretary

29. Answer • The amount of access cabinet secretaries have to the president is most likely to be controlled by the (A) vice president (B) president’s chief of staff (C) national security advisor (D) chair of the Federal Reserve Board (E) president’s press secretary

30. 2004 FRQ • Foreign Policy - Executive power versus Congressional power a) describe two formal presidential foreign policy powers b) describe two formal legislative foreign policy powers c) explain 2 informal executive powers in conducting foreign policy that provide president with advantage over Congressional authority d) explain how each answer in “c” provides president with advantage over Congress

31. Brain Break

32. The Bureaucracy • Agencies • Departments • Commissions • All within executive branch

33. Distinctiveness of the American Bureaucracy • Political authority over the bureaucracy is shared among several institutions • Congress and the President • Divisions within the Congress • Most agencies share their functions with state and local government • Institutions and American way of life have contributed to growth of personal actions, thus the growth of bureaucracy to deal with them

34. What is this cartoon saying?

35. Growth of the Bureaucracy • Gradual, historic growth of agencies • First agency – Department of State • Initially filled through the spoils system • Debate over how people appointed, taken out of offices • Small start for organizations and agencies • Currently over 3 million employees in bureaucracy • Appointment of officials • Appointments as rewards • Changing qualifications with quick growth • Civil service reforms

36. Growth of the Bureaucracy • A Service Role • Agencies changed from regulation to service • Government economic regulation initiated in 1887 • Congress increases regulatory commissions to regulate economy • Wars generally increased bureaucracy without cutting it after war • Change in Role • Bureaucracy affected by New Deal and WWII • Government had active role in the economy • New actions by the Supreme Court

37. The Federal Bureaucracy Today • Hidden Statistics • People who work indirectly for the government • Federal contractors, consultants • Higher level bureaucrats typically white males • Lower level: women, minorities • skew demographics of bureaucracies toward minorities? • Reality is in increased numbers and increased power • Paying subsidies to groups and organizations • Transferring money from fed to state and local • State now required to hire more employees for state based bureaucracies • Devising and enforcing regulations for sectors of society and economy • Behavior of officials • Manner in which they are recruited and rewarded • Personal attributes • Nature of jobs • Constraints of outside forces (superiors, legislators, interest groups, journalists)

38. How do Iron Triangles Work?

39. Agencies Allies • Iron Triangle • Relationship among an agency, a committee and an interest group • Department would act in order to get political support and budget appropriations, committee members act in order to get votes • Client politics • Agencies have allies in Congress and the private sector

40. Bureaucratic Power • Discretionary authority • Passing rules and regulations • Quasi-legislative power • Helping Congress draft legislation • Providing advice to White House • Settling disputes

41. What is Congressional Oversight? Examples?

42. Congressional Oversight • Agencies can only exist with Congressional approval • No money can be spent without being authorized by Congress • Annual Appropriation of Money • Appropriations Committee and legislative committees • Power over an agencies budget • Continual power struggles • Trust Funds • Annual authorization • Congress tries to keep funding down • Committee clearance

43. Question The term “iron triangle” refers to the interrelationship of the (A) president, Congress, and the Supreme Court (B) electorate, Congress, and political action committees (C) local, state, and federal governments (D) State Department, the Pentagon, and the National Security Council (E) federal bureaucracy, congressional committees, and lobbyists

44. Answer The term “iron triangle” refers to the interrelationship of the (A) president, Congress, and the Supreme Court (B) electorate, Congress, and political action committees (C) local, state, and federal governments (D) State Department, the Pentagon, and the National Security Council (E) federal bureaucracy, congressional committees, and lobbyists

45. Question An advantage that bureaucrats in federal government have over the President in the policymaking process is that bureaucrats (A) control the budget process (B) have an independence from the President that is guaranteed by the Constitution (C) find it easier to marshall public support than does the President (D) usually have a continuity of service in the executive branch that the President lacks (E) have better access to the media than does the President

46. Answer An advantage that bureaucrats in federal government have over the President in the policymaking process is that bureaucrats (A) control the budget process (B) have an independence from the President that is guaranteed by the Constitution (C) find it easier to marshall public support than does the President (D) usually have a continuity of service in the executive branch that the President lacks (E) have better access to the media than does the President

47. Question One of the formal tools used by Congress for oversight of the bureaucracy is (A) the line-item veto (B) authorization of spending (C) impoundment bills (D) private bills (E) senatorial courtesy

48. Answer One of the formal tools used by Congress for oversight of the bureaucracy is (A) the line-item veto (B) authorization of spending (C) impoundment bills (D) private bills (E) senatorial courtesy

49. 1999 FRQ-How would you answer this? • Is Congress effective in exercising legislative oversight of the federal bureaucracy? Support your answer by doing ONE of the following. • Explain two specific methods Congress uses to exercise effective oversight of the federal bureaucracy. OR • Give two specific explanations for the failure of Congress to exercise effective oversight of the federal bureaucracy.

50. Where do you fall now?