GOVT 2302

1. GOVT 2302 The Executive Constitutional Design

2. In the last section we discussed the development of the executive branch from the Norman Invasion through the British Bill of Rights, and the problems of executive power as explained in the Declaration of Independence.

3. One of the principle points made was that over the course of British history executive departments (what we could refer to as “the state”) were developed.These made it easier for the monarch to implement the law.

4. It also allowed for abuse – which led to the opposition of the House of Commons, the signing of the English Bill of Rights, and the establishment of the constitutional monarchy.

5. The grievances listed in the Declaration of Independence argued that the king was usurping colonial executive power. The colonists would no longer be able to execute the law, it would be done for them.

6. The lesson initially learned was to not have a national executive. None existed under the Articles of Confederation. This made governing the states difficult, so the decision was made to establish an executive of some sort in the constitutional convention.

7. As we already know, the U.S. Constitution would establish a singular executive on the national level. This was partly due to the trust granted to George Washington since he seemed capable of restraining his ambitions.

8. We also know that Texas established a plural executive partly because governors during reconstructions did not seem similarly capable.

9. In this section we look at the product of that evolution.The executive branch as designed in the U.S. and Texas Constitutions.

10. We will read through the Constitutional design of the executive branch on each level and will touch base on the various issues raised in each of these sections.

11. We concluded the last section with a discussion of the problems the Federalists had with the lack of a centralized executive. Policy implementation on the national level was impossible.

12. But there were legitimate concerns that the establishment of a national executive branch, especially a single headed office, would allow a tyranny to emerge.

13. The central question addressed on the national and state level was the basic design of the chief executive.How can it both effective and restrained?

14. We want energy in the executive, but we also want to limit abuses of executive authority.How? What design decisions were necessary in order to determine how best to accomplish this in the long term?

15. For good sources outlining these conflicts click here: The Constitutional Convention: Day by Day SummaryLOC: Federalists Papers

16. The design of the executive was considered on the following days:June 1June 2June 4July 17

17. July 18July 19July 20July 26August 20August 24

18. August 25August 27September 4September 6September 7September 8

19. A sample of issues debated during the convention

20. 1 - The idea of a singular executive was introduced immediately and was subject to great debate from the start.

21. The virtues of the singular design:Unity, Consistency, Effectiveness

22. But an elected executive could turn into a monarchy, and elected monarchies are “the worst kind.”

23. 2 - Should the president be elected by a direct vote by the general population, or some other method?

24. A direct connection to the general population might allow the president to gain the popular support that would allow for increases in power.

25. Again, the principle lesson from history:

26. Julius CaesarHe gained power by stirring popular opposition to the Senate. By doing so he undermined the vitality of the Roman Republic.(is this a lesson?)

27. The general public has had a peculiar tendency over history to support the establishment of strong executive authority.Napoleon, Stalin, Hitler …See the Wikipedia entry on Populares.

28. An indirect connection between the executive and the people would moderate this tendency, but potentially allow executive power to become intertwined with whatever institution selected the office.

29. An electoral college – where individuals are selected to only elect a president and nothing else – would be less likely than other institutions to become intertwined with the executive.

30. 3 - What control should the president have over the bureaucracy?Should the office have the sole power of appointment? Or should some other institution?

31. Presidential control allows the institution greater control over the implementation of laws, but also allows the bureaucracy to be used for the personal needs of the president.

32. The bureaucracy needs to be both professional and independent.

33. 4 - What relationship should the executive have with the other branches?

34. Checks and BalancesEach branch is given the power to resist potential effort of the executive to control them.

35. The executive helps limit the power of the legislative and judicial branches.It is also limited by them.

36. Constitutional languageI’d advise that you open up the following links in order to get an idea of what the design of each institution looks like.

37. The Constitutional Design of the Unites States Executive:Article 2 of the U.S. Constitution4 sections - 1,072 words

38. The Constitutional Design of the Texas Executive: Article 4 of the Texas Constitution26 sections - 4,243 words

39. As with the legislative branches, the design of the United States executive is vague and open ended while the Texas executive is precise and limited.

40. Here’s a walk through the national Constitution.

41. The U.S. Constitution Article Two Section OneClause OneFor further information about presidential power read The Power and the Scope of Presidential Power.Background from the Founders’ Constitution.

42. The Executive power shall be vested in a President of the United States of America . . .

43. This is the vesting clause. It vests executive power in a single individual. This, in very simple language, establishes the singular executive.

44. Hamilton was a strong proponent of an energetic executive, a singular form was one of the factors necessary to allow for energy. Federalist #70

45. “The ingredients which constitute energy in the Executive are, first, unity; secondly, duration; thirdly, an adequate provision for its support; fourthly, competent powers.The ingredients which constitute safety in the republican sense are, first, a due dependence on the people, secondly, a due responsibility.”

46. “That unity is conducive to energy will not be disputed. Decision, activity, secrecy, and dispatch will generally characterize the proceedings of one man in a much more eminent degree than the proceedings of any greater number; and in proportion as the number is increased, these qualities will be diminished.”

47. Some proposals were made for an executive council.Others argued this would be too weak and indecisive to effectively implement the laws passed by Congress.

48. Note that there is no qualifier on his the extent of executive power (no phrase like “herein granted” which we saw in Article One) as there is with the legislative power. Is there significance to this?

49. Some argue yes, it means that the president possesses all executive power.The Unitary Executive Theory

50. The strong version of this theory holds that the Congress has little power to interfere with how the president implements laws, but others argue this violates the checks and balances and allows for tyrannical power to evolve in the office.