WTP Lessons 23-24/Chapter 12 Study Guide AP Government and Politics Mr. Tkacs

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Open-notebook quiz schedule:Thursday, December 20—Questions 1-10, Terms 1-20; WTP Lesson 23Monday, January 7—Questions 11-19, Terms 21-40; WTP Lesson 24

Questions: Use Chapter 12 in the American Government text to answer the following questions. 1. List the differences between a president and a prime minister.2. What does it mean to have a divided or a unified government? Why do we still have gridlock, even with a unified government?3. What are the arguments for why we have gridlock? Is gridlock always a negative? Explain. 4. How does the difference between representative and direct democracy explain gridlock?5. How did the creation of the Electoral College allay the fears the Founders had about electing the president?6. Learn how the Electoral College operates and the arguments for and against it. 7. Make a chronological chart of presidencies or historical eras according to when the Congress or the Presidency was more powerful. You don’t need to know the details of presidencies before FDR, but the historical trends are important.8. Write the list of presidential powers on p. 340. Pay attention to which powers the Presidents shares with the Senate or Congress as a whole or has sole power.9. What are the three structures for a president to organize his staff? What are the advantages and disadvantages of each?10. Explain how much influence the president has over his cabinet officials and agency heads.11. Why is there a tension between the White House staff and cabinet secretaries?12. Learn the generalizations the book makes about the leadership styles of the presidents from Eisenhower to Clinton. 13. Explain the differences in the three audiences that the president speaks to. Think about how Presidents Clinton and Bush have managed to address these three audiences.14. Explain the reasons why the president’s popularity does and does not have an effect on getting congressional support for his programs.15. What are the four groups that the book talks about who have input on a president’s program?16. What are the three constraints on the president’s ability to plan a program?17. What is the role of political polls in decision-making? What are the two models the book describes for using polls?18. What is the present line of succession if the president should die in office?19. Summarize the conclusion the text makes about the power of the president and the federal government.

Terms 1. divided government

a. Government in which a second party controls part or the entire legislature compared to the presidency. Most common occurrence.

2. unified government a. When one party controls the executive and legislative branch at the same time

3. electoral college a. The United States Electoral College is the institution that officially elects the President

and Vice President of the United States every four years. The President and Vice President are not elected directly by the voters. Instead, they are elected indirectly by "electors" who are elected by popular vote on a state-by-state basis

4. faithless electors a. In United States presidential elections, a faithless elector is a member of the United States

Electoral College who, for whatever reason, does not vote for the presidential or vice presidential candidate for whom he or she had pledged to vote. They may vote for another candidate or not vote at all. Faithless electors are pledged electors and thus different from unpledged electors. Illegal in some states (punishment). Though there have been 157 cases of faithlessness, faithless electors have not changed the outcome of any presidential election to date. Each state can cast one electoral vote for each senator and representative it has. The District of Columbia has three electoral votes, even though it cannot elect a representative or Senator.

5. pyramid structure a. A president's subordinates report to him through a clear chain of command headed by a

chief of staff. A pyramid structure provides for an orderly flow of information and decisions, but does so at the risk of isolating or misinforming the president.

6. circular structure a. Several of the president's assistants report directly to him. The circular method has the

virtue of giving the president a great deal of information, but at the price of confusion and conflict among cabinet secretaries and assistants.

7. ad hoc structurea. Several subordinates, cabinet officers and committees report directly to the president on

different matters. An ad hoc structure allows great flexibility, minimizes bureaucratic inertia, and generates ideas and information from disparate channels, but it risks cutting the president off from the government officials who are ultimately responsible for translating presidential decisions into policy proposals and administrative action.

8. cabinet a. The heads of the fifteen executive branch departments of the federal government.b. The current White House Chief of Staff is Jack (Jacob) Lew, who assumed the position

on January 27, 2012, after William M. Daley resigned.9. Executive Office of the President

a. The Executive Office of the President (EOP) consists of the immediate staff of the President of the United States, as well as multiple levels of support staff reporting to the President. The EOP is headed by the White House Chief of Staff, currently Jacob Lew. The size of the White House staff has increased dramatically since 1939, and has grown to include an array of policy experts in various fields..

10. Office of Management and Budget a. The Office of Management and Budget (OMB) is a Cabinet office, and is the largest

office within the Executive Office of the President of the United States (EOP). The main job of the OMB is to assist the President to prepare the budget.[2] Also the OMB measures the quality of agency programs, policies, and procedures and to see if they comply with the President's policies. The current OMB Acting Director is Jeffrey Zients.

11. National Security Counsel a. The White House National Security Council (NSC) in the United States is the principal

forum used by the President of the United States for considering national security and foreign policy matters with his senior national security advisors and Cabinet officials and is part of the Executive Office of the President of the United States. Since its inception under Harry S. Truman, the function of the Council has been to advise and assist the president on national security and foreign policies. The Council also serves as the president's principal arm for coordinating these policies among various government agencies. The U.S. Council has counterparts in the national security councils of many other nations.

12. Council of Economic Advisors a. The Council of Economic Advisers (CEA) is an agency within the Executive Office of

the President that advises the President of the United States on economic policy.[1] The CEA provides much of the objective empirical research for the White House and prepares the annual Economic Report of the President.

13. Executive agencies a. The United States federal executive departments are among the oldest primary units of

the executive branch of the federal government of the United States—the Departments of State, War, and the Treasury all having been established within a few weeks of each other in 1789. Federal executive departments are analogous to ministries common in parliamentary or semi-presidential systems but, with the United States being a presidential system, their heads otherwise equivalent to ministers, do not form a government (in a parliamentary sense) nor are they led by a head of government separate from the head of state. The heads of the federal executive departments, known as secretaries of their respective department, form the traditional Cabinet, an executive organ that serves at the disposal of the president and normally act as an advisory body to the presidency

14. Presidential honeymoon a. Generally when a newly elected president takes office the opposing party will not be

politically critical of him or her for about 100 days. This is the so-called "honeymoon period". There is no law mandating it; this is just a custom or courtesy that has developed over our history. Within a month or two partisan attacks generally resume and the honeymoon period ends. President John F. Kennedy extended the concept by calling on the Soviet Union to extend him a honeymoon period as a goodwill gesture. One of the shortest honeymoons on record was that of Gerald Ford, whose pardon of his predecessor, Richard M. Nixon, for all Watergate crimes sparked public outrage and led to a 30-point drop in popularity in public opinion polls after his first month in office.

15. veto message a. A veto message is some official order that stops something from occurring that would

otherwise happen such as the President's or a governor's right to stop something from being passed into law. An example of a veto message is when Congress signs a bill and the President stops it by vetoing it, so it is either abandoned or has to go back for another vote.

16. Pocket veto a. A bill fails to become law because the president did not sign it within ten days before

Congress adjourns.17. Line-item veto

a. An executive's ability to block a particular procision in a bill passed by the legislature.18. Clinton v. New York City (1998)

a. Clinton v. City of New York is a legal case in which the Supreme Court of the United States ruled that the line-item veto as granted in the Line Item Veto Act of 1996 violated the Presentment Clause of the United States Constitution because it impermissibly gave

the President of the United States the power to unilaterally amend or repeal parts of statutes that had been duly passed by the United States Congress. The decision of the Court, in a six-to-three majority, was delivered by Justice John Paul Stevens.

19. Executive privilegea. The right to keep executive communications confidential, especially if they relate to

national security.20. United States v. Nixon (1973)

a. In 1973 the Supreme Court for the first time met the issue directly. A federal special prosecutor dought tape recordings of White House conversations between President Nixon and his advisers as part of his investigation of the Watergate scandal. In the case, the Supreme Cout, by a vote of eight to zero, held that while there may be a sound basis for the claim of executive privilege, especially where sensitive military or diplomatic matters are involved, there is no "absolute unqualified Presidential privilege of immunity from judicial process under all circumstances."

21. Congressional Budget and Impoundment Act (1974)a. The Congressional Budget and Impoundment Control Act of 1974 is a United States

federal law that governs the role of the Congress in the United States budget process.22. Impoundment

b. Impoundment is the decision of a President of the United States not to spend money that has been appropriated by the U.S. Congress. The precedent for presidential impoundment was first set by Thomas Jefferson in 1801. The power was available to all presidents up to and including Richard Nixon, and was regarded as a power inherent to the office. The Congressional Budget and Impoundment Control Act of 1974 was passed in response to perceived abuse of the power under President Nixon. Title X of the act, and its interpretation under Train v. City of New York, essentially removed the power. This severely inhibited a president's ability to reject congressionally-approved spending.

c. The Impoundment Control Act of 1974 provides that the president may propose rescission of specific funds, but that rescission must be approved by both the House of Representatives and Senate within 45 days. In effect, this has removed the impoundment power, since Congress is not required to vote on the rescission and has ignored the vast majority of presidential requests.

23. War Powers Act (1973) d. Gave any president the power to go to war under certain circumstances, but required that

he could only do so for 90 days before being required to officially bring the matter before Congress.

e. The War Powers Resolution of 1973 is a federal law intended to check the President's power to commit the United States to an armed conflict without the consent of Congress. The resolution was adopted in the form of a United States Congress joint resolution; this provides that the President can send U.S. armed forces into action abroad only by authorization of Congress or in case of "a national emergency created by attack upon the United States, its territories or possessions, or its armed forces."

f. The War Powers Resolution requires the President to notify Congress within 48 hours of committing armed forces to military action and forbids armed forces from remaining for more than 60 days, with a further 30 day withdrawal period, without an authorization of the use of military force or a declaration of war. The resolution was passed by two-thirds of Congress, overriding a presidential veto.

g. The War Powers Resolution was disregarded by President Reagan in 1981 by sending military forces to El Salvador and later the Contras in Nicaragua, by President Clinton in 1999, during the bombing campaign in Kosovo, and by President Obama in 2011, when he did not seek congressional approval for the attack on Libyan forces, arguing that the Resolution did not apply to that action. All incidents have had congressional disapproval,

but none have had any successful legal actions taken against the president for violations. All presidents since 1973 have declared their belief that the act is unconstitutional.

24. Trustee approach h. According to the trustee model, representatives must transcend the short-term particular

interests of their constituency and advocate for the long-term comprehensive interests of the nation.

25. Delegate model i. According to the delegate model, representatives look to their constituents for instruction

on what issues to promote and, ultimately, on how to vote.26. Independent Counsel

j. A special prosecutor, which could be used by Congress or the Attorney General to investigate individuals holding or formerly holding certain high positions in the federal government and in national Presidential election campaign organizations.

27. Lame Duckk. A politician who is still in office after having lost a reelection bidl. In U.S. politics, the period between (presidential and congressional) elections in

November and the inauguration of officials early in the following year is commonly called the lame duck period. In regard to the presidency, a president is a lame-duck after a successor has been elected, and during this time the outgoing president and president-elect usually embark on a transition of power.

28. Presidential Succession Act of 1947m. One of several succession actsn. The new law restored the Congressional officers to places directly after the Vice

President, but switched their order from the 1792 Act, placing the Speaker of the House first and the President pro tempore second. The Cabinet officers then followed, again in the order in which their respective departments were created. In 1948, the Secretary of Defense replaced the Secretary of War in the line of succession.

o. When the President attends an event with the Speaker of the House, the President pro tempore of the Senate, and the Cabinet, one of the members of the Cabinet does not attend. That person is the "designated successor" for that event. This is done so that, if the event is attacked and everyone else in the line of succession is killed, the "designated survivor" would become Acting President.

29. Bully Pulpit p. a public office of sufficiently high rank that it provides the holder with an opportunity to

speak out and be listened to on any matter30. Inherent powers

q. Constitutional and delegated powers make up the expressed powers because these powers are clearly outlined in the Constitution. Presidents have interpreted inherent powers differently, sometimes in ways that grant the president great power.

r. The most common inherent powers are emergency powers, exercised only in times of great need. Some emergency powers are limited in scope. The president can declare a place devastated by a storm a federal disaster area, making it eligible for federal aid. Other emergency powers are much vaster in scope. During the Civil War, for example, President Abraham Lincoln spent money without congressional approval, and he also suspended a number of civil liberties, including the writ of habeas corpus.

s. Executive Ordersi. To enforce statutes

ii. To enforce the Constitution or treatiesiii. To establish or modify how executive agencies operate

t. Executive privilege is the right of officials of the executive branch to refuse to disclose some information to other branches of government or to the public. It includes refusing to appear before congressional committees. Executive privilege is an inherent power that is

not clearly defined, and the courts have had to set limitations on the use of the privilege. In 1974, for example, the Supreme Court ruled that executive privilege could not be invoked to prevent evidence from being used in criminal proceedings against the president.

31. executive orders u. A formal order issued by the president to direct action by the federal bureaucracy.

32. imperial presidency v. A book by historian Arthur Schlesinger that suggests presidential power is too excessive.

33. rule of propinquity w. It means that the closer (physically) you are to the president, the more influence you have

over the president and the decisions he/she makes or those in the room with the president at the time decisions are made have the most influence (those in the room have the most power). For ex: the cabinet are the closest people to the president and that is why they help the president make the decisions that help the country move forward.

34. bureaucracy x. the hierarchical system of agencies, departments, etc that report to/work under a single

chief executive35. patronage

y. Granting favors or giving contracts or making appointments to office in return for political support.

36. spoils system z. the firing of the office holders of a defeated party and replacing them with loyalists of the

newly elected partyaa. is a practice where a political party, after winning an election, gives government jobs to

its voters as a reward for working toward victory, and as an incentive to keep working for the party—as opposed to a merit system, where offices are awarded on the basis of some measure of merit, independent of political activity.

bb. the term was derived from the phrase "to the spoils of the enemy" by New York Senator William L. Marcy, referring to the victory of the Jackson Democrats in the election of 1828, with the term spoils meaning goods or benefits taken from the loser in a competition, election or military victory.

37. Pendleton Act (1883) cc. Bill that outlawed compulsory campaign contributions from federal employees and

established the Civil Service Commission.38. Federalist 68

dd. Federalist No. 68 (Federalist Number 68), the sixty-eighth essay of the Federalist Papers, was written by Alexander Hamilton and published on March 12, 1788 under the pseudonym Publius—the name under which all the Federalist Papers were published. Entitled "The Mode of Electing the President," it describes Hamilton's view of the process for selecting the Chief Executive of the United States of America. Hamilton sought to influence the Constitutional Convention that was drafting what would become the United States Constitution. Federalist Number 68 is the second in a series of eleven essays discussing the powers and limitations of the Executive branch.

39. Federalist 70 ee. Hamiltonff. The essay deals with the question of a plural executive. Hamilton argues that a plural

executive, having more than one president, "tends to conceal faults, and destroy responsibility", and states that a singular president would better be suited to wield the full potential of his power in a quick and efficient way, without falling into endless squabbling and dispute with other executives with the same power. He also warns that when dealing with more than one leader, "there is always difference of opinion".

gg. A strong and energetic executive branch requires unity, duration in office, adequate resources, and sufficient powers.

40. Federal Registrar hh. a government publication describing bureaucratic actions and detailing regulations

proposed by agencies.ii. Federal Register Act (1934)

Study Outline Chapter 12: The Presidency

I. Presidents and prime ministersA. Characteristics of parliaments

1. Parliamentary system twice as common2. Chief executive chosen by legislature3. Cabinet ministers chosen from among members of parliament4. Prime minister remains in power as long as his or her party or coalition maintains a majority in the

legislatureB. Differences

1. Presidents are often outsiders; prime ministers are always insiders, chosen by party members in parliament2. Presidents choose their cabinet from outside Congress; prime ministers choose members of parliament3. Presidents have no guaranteed majority in the legislature; prime ministers always have a majority. The

United States usually has a divided government.4. Presidents and the legislature often work at cross-purposes

a. Even when one party controls both branchesb. A consequence of separation of powersc. Only Roosevelt and Johnson had much luck with Congress

II. Divided GovernmentA. Divided versus unified government

1. Fifteen of twenty-two congressional/presidential elections since 1952 produced divided government2. Americans dislike divided government because it can lead to gridlock.

B. Does gridlock matter?1. But divided government enacts as many important laws as a unified government2. Reason: Unified government is something of a myth in U.S.

C. Is policy gridlock bad?1. Unclear whether gridlock is always bad; it is a necessary consequence of representative democracy2. Representative democracy opposite direct democracy

III. The evolution of the presidencyA. Delegates feared both anarchy and monarchy

1. Idea of a plural executive2. Idea of an executive checked by a council

B. Concerns of the Founders1. Fear of military power of president who could overpower states2. Fear of presidential corruption of Senate3. Fear of presidential bribery to ensure reelection

C. The electoral college1. Each state to choose own method for selecting electors2. Electors to meet in own capital to vote for president and vice president3. If no majority, House would decide

D. The president's term of office1. Precedent of George Washington and two terms2. Twenty-second Amendment in 1951 limits to two terms3. Problem of establishing the legitimacy of the office4. Provision for orderly transfer of power

E. The first presidents1. Prominent men helped provide legitimacy2. Minimal activism of early government contributed to lessening fear of the presidency3. Appointed people of stature in the community (rule of fitness)4. Relations with Congress were reserved; few vetoes, no advice

F. The Jacksonians1. Jackson sought to maximize powers of presidency2. Vigorous use of veto for policy reasons3. Challenged Congress

G. The reemergence of Congress1. With brief exceptions the next hundred years was a period of congressional ascendancy2. Intensely divided public opinion3. Only Lincoln expanded presidential power

a. Asserted "implied powers" and power of commander in chiefb. Justified by emergency conditions

4. President mostly a negative force to Congress until the New Deal5. Since the 1930s power has been institutionalized in the presidency6. Popular conception of the president as the center of government contradicts reality; Congress often policy

leaderIV. The powers of the president

A. Formal powers found in Article II1. Not a large number of explicit powers2. Potential for power found in ambiguous clauses of the Constitution, such as power as commander in chief

and duty to "take care that laws be faithfully executed"B. Greatest source of power lies in politics and public opinion

1. Increase in broad statutory authority2. Expectation of presidential leadership from the public

V. The office of the presidentA. The White House Office

1. Contains the president's closest assistants2. Three types of organization

a. Circularb. Pyramidc. Ad hoc

3. Staff typically worked on the campaign: a few are experts4. Relative influence of staff depends on how close one's office is to the president's

B. The Executive Office of the President1. Composed of agencies that report directly to the president2. Appointments must receive Senate confirmation3. Office of Management and Budget most important

a. Assembles the budgetb. Develops reorganization plansc. Reviews legislative proposals of agencies

C. The cabinet1. Largely a fiction, not mentioned in Constitution2. President appoints or controls more members of cabinet than does prime minister3. Secretaries become preoccupied and defensive about their own departments

D. Independent agencies, commissions, and judgeships1. President appoints members of agencies that have a quasi-independent status2. Agency heads serve a fixed term and can be removed only "for cause"3. Judges can be removed only by impeachment

VI. Who gets appointedA. President knows few appointees personallyB. Most appointees have had federal experience

1. "In-and-outers"; alternate federal and private sector jobs2. No longer have political followings but picked for expertise

C. Need to consider important interest groups when making appointmentsD. Rivalry between department heads and White House staff

VII. Presidential characterA. Eisenhower: orderlyB. Kennedy: improviserC. Johnson: dealmakerD. Nixon: mistrustfulE. Ford: genialF. Carter: outsiderG. Reagan: communicatorH. Bush: hands-on managerI. Clinton: focus on detailsJ. Bush: a different kind of outsider

VIII. The power to persuadeA. Formal opportunities for persuasionB. The three audiences

1. Other politicians and leaders in Washington, D.C.; reputation very important2. Party activists and officials inside Washington3. The various publics

C. Popularity and influence1. Presidents try to transform popularity into support in Congress2. Little effect of presidential coattails3. Members of Congress believe it is politically risky to challenge a popular president4. Popularity is unpredictable and influenced by factors beyond the president's control.

D. The decline in popularity1. Popularity highest immediately after an election2. Declines by midterm after honeymoon period

IX. The power to say noA. Veto

1. Veto message2. Pocket veto (only before end of Congress)3. Congress rarely overrided vetoes in 1996

B. Executive privilege1. Confidential communications between president and advisers2. Justification

a. Separation of powersb. Need for candid advice

3. U.S. v.Nixon (1973) rejects claim of absolute executive privilegeC. Impoundment of funds

1. Defined: presidential refusal to spend funds appropriated by Congress2. Countered by Budget Reform Act of 1974

a. Requires president to notify Congress of funds he does not intend to spendb. Congress must agree in forty-five days

X. The president's programA. Putting together a program

1. President can try to have a policy on everything (Carter)2. President can concentrate on a small number of initiatives (Reagan)3. Constraints

a. Public reaction may be adverseb. Limited time and attention spanc. Unexpected crisesd. Programs can be changed only marginally

4. Need for president to be selective about what he wants5. Heavy reliance on opinion polls6. Impact of dramatic events and prolonged crises

B. Attempts to reorganize the executive branch1. An item on presidential agendas since the administration of Herbert Hoover2. Bush and the Department of Homeland Defense

a. White House Office of Homeland Security created in aftermath of terrorist attack of September 111. Small staff2. Little budgetary authority3. No ability to enforce decisions

b. Bush's call for a reorganization1. Creation of third largest cabinet department encompassing twenty-two federal agencies2. 170,000 employees and an annual budget of almost $40 million

c. Fate of proposal is pending, but it is neither the first of its kind nor the largest3. Reasons for reorganizing

a. Large number of agenciesb. Easier to change policy through reorganization

4. Reorganization outside the White House staff must be by lawXI. Presidential transition

A. Few presidents serve two termsB. The vice president

1. May succeed on death of presidenta. Has happened eight timesb. John Tyler defined status of ascending vice president: president in title and in powers

2. Rarely are vice presidents elected presidenta. Unless they first took over for a president who diedb. Only five instances otherwise: Adams, Jefferson, Van Buren, Nixon, and Bush

3. "A rather empty job"a. Candidates still pursue itb. Preside over Senate and vote in case of a tiec. Leadership powers in Senate are weak

C. Problems of succession1. What if the president falls ill?

Examples: Garfield, Wilson2. If vice president steps up, who becomes vice president?

a. Succession Act (1886): designated secretary of state as next in lineb. Amended in 1947 to designate Speaker of the House

3. Twenty-fifth Amendment resolved both issuesa. Allows vice president to serve as "acting president" if president is disabled; decided by president,

by vice president and cabinet, or by two-thirds vote of Congressb. Requires vice president who ascends to office on death or resignation of the president to name a

vice president1. Must be confirmed by both houses2. Examples: Agnew and Nixon resignations

D. Impeachment1. Judges most frequent targets of impeachment2. Indictment by the House, conviction by the Senate

XII. How powerful is the president?A. Both president and Congress are constrainedB. Reasons for constraints

1. Complexity of issues2. Scrutiny of the media3. Power of interest groups

Chapter 12: The Presidency

Presidents and Prime MinistersI. Whether a nation has a president or a prime minister makes a big difference in the identity and powers of

the chief executive.II. People become president by winning elections, and sometimes winning is easier for Washington outsiders.III. Under the Constitution, no sitting member of Congress can hold office in the executive branch.IV. A president’s party often does not have a congressional majority; instead Congress is often controlled by

the opposite party, creating a divided government.A. Divided government means that cooperation between the two branches is hard to achieve. Even

when the branches are controlled by the same party, there is still bickering among them.Divided Government

I. A divided government is one in which one party controls the White House and another controls Congress. A unified government occurs when one party controls both branches.

Does Gridlock Matter?I. Divided governments do about as well as unified ones in passing important laws, conducting

investigations, and ratifying treaties. II. The only time there really is a unified government is when not just the same party but the same ideological

wing of the party is in effective control of both branches of government.Is Policy Gridlock Bad?

I. Some scholars believe that voters split tickets deliberately in order to created divided government and thus magnify the effects of the checks and balances built into our system.

II. Gridlock is a necessary consequence of a system of representative government. Such a system causes delays, intensifies deliberations, forces compromises, and requires the creation of broad-based coalitions to support direct democracy.

The Evolution of the PresidencyI. When creating the role of the president, the Founders feared anarchy and monarchy in about equal

measure. When the Constitutional Convention met, the existing state constitutions gave most, if not all, power to the legislatures.

A. Some of the Founders proposed a plural national executive. Others wanted the executive power checked by a council that would have to approve many of the chief executive’s actions.

B. In time those who won out believed that the government of a large nation required a single president with significant powers.

Concerns of the FoundersI. In 1787-1789 some Americans suspected that the president, by being able to command the state militia,

would use the militia to overpower state governments. Others worried that if the president were allowed to share treaty-making power with the Senate, he would become a tool of the Senate.

II. The president has expanded his power in foreign affairs, the ability to shape public opinion, and in his claim to have certain “inherent” powers by virtue of his office.

The Electoral CollegeI. According to the original definition of the electoral college system, each of the states would select electors

in whatever manner they wished. The electors would then meet in the capital and vote for president and vice president.

A. Many Framers expected that this procedure would lead to each state’s electors’ voting for a favorite from their area, and thus no candidate would win the majority of the popular vote. In this event, it was decided, the House of Representatives should make the choice.

II. This plan served both small and large states. Small states would have a minimum of 3 electoral votes and together would wield considerable influence in the House.

The President’s Term in OfficeI. In 1951 the 22nd Amendment to the Constitution was ratified, formally limiting all presidents to two terms.II. The first problem facing the presidency was establishing its legitimacy.

The First PresidentsI. Those who first served as president were among the most prominent men in the new nation, all active

either in the movement for independence or in the Founding or both.A. Alexander Hamilton was Washington’s secretary of the treasury (and was sympathetic to the

urban commercial interests), and Thomas Jefferson was secretary of state (and more inclined toward rural, small-town views). Washington spoke out strongly against political parties, and though parties soon emerged, there was a stigma attached to them.

II. Establishing the legitimacy of the president in the early years was made easier by the fact that the national government had relatively little to do.

A. The Treasury Department became the principal federal office.B. Relations with England were important, but otherwise government took little time and few

resources.C. The presidency was kept modest.

III. In appointing people to federal office, a general rule of “fitness” emerged: those appointed should have some standing in their communities and be well thought of by their neighbors.

The JacksoniansI. At the time of Andrew Jackson’s presidency (1829-1837), broad changes began to occur in American

politics. These changes altered the relations between president and Congress and the nature of presidential leadership.

A. He vetoed more acts than any of his predecessors combined. His vetoes were not merely on constitutional grounds, but policy ones.

B. He did not initiate many new policies, but he struck out against the ones that he did not like. He did so at a time when the size of the electorate was increasing rapidly, and new states had entered the Union.

II. Jackson demonstrated what could be done by a popular president. He did not shrink from conflict with Congress, and the tension between the two branches of government that was intended by the Framers became intensified by the personalities of those in government.

The Reemergence of CongressI. With the end of Jackson’s second term, Congress reestablished its power. Congress was the leading

institution—almost without interruption—for 100 years.A. This was an intensely partisan era. B. During this period of Congressional dominance of national government, only Lincoln broke new

ground for presidential power.II. Lincoln’s expansive use of power was unexpected. He made unprecedented use of the powers of Article II,

especially those that he felt were “implied.”III. After Lincoln, Congress reasserted its power and became, during Reconstruction and for many decades

thereafter, the principal federal institution. But it had become clear that a national emergency could equip the president with great powers and that a popular and strong-willed president could expand his powers even without an emergency.

A. Except for the administrations of Theodore Roosevelt and Woodrow Wilson, the president was, until the New Deal, a negative force.

IV. The conception of the president as the central figure of national government, devising a legislative program and commanding a large staff, is very much a product of the modern era and the enlarged role of government.

A. In the past the presidency became powerful only during a national crisis or because of an extraordinary personality. Since the 1930s, however, the presidency has been powerful no matter who occupied the office and whether or not there was a crisis.

V. Congress is still the originator of most legislation.The Powers of the President

I. Powers of the President Alone:I. Serve as commander in chief to the armed forcesII. Commission officers of the armed forcesIII. Grant reprieves and pardons for federal offensesIV. Convene Congress in special sessionsV. Receive ambassadorsVI. Take care that the laws be faithfully executedVII. Wield the “executive power”VIII. Appoint officials to lesser offices

II. Powers of the President That Are Shared with the SenateA. Make treatiesB. Appoint ambassadors, judges, and other high officials

III. Powers of the President That Are Shared with Congress as a WholeA. Approve legislation

IV. The president’s power as commander in chief has grown to encompass not simply the direction of the military but also the management of the economy and the direction of foreign affairs.

V. The president’s duty to “take care that the laws be rightfully executed” has become one of the most elastic phrases in the Constitution.

VI. The greatest source of presidential power is found not in the Constitution but in politics and public opinion.A. Increasingly since the 1930s, Congress has passed laws that confer on the executive branch broad

grants of authority to achieve some general goals, leaving it up to the president and his deputies to define the regulations and programs that will actually be put into effect.

The Office of the PresidentIX. The team of presidential assistants has become increasingly large. The ability of a presidential assistant to

affect the president is governed by the rule of propinquity: in general power is wielded by people who are in the room when the decision is made.

The White House OfficeI. There are three ways in which a president can organize his personal staff—through the “pyramid,”

“circular,” and “ad hoc” methods.A. In a pyramid structure, most assistants report through a hierarchy to a chief of staff, who then deals

directly with the president.B. In a circular structure, cabinet secretaries and assistants report directly to the president.C. In an ad hoc structure, task forces, committees, and informal groups of friends and advisors deal

directly with the president.III. It is common for presidents to mix methods. Taken individually, each method has its advantages and

disadvantages.A. A pyramid structure provides for an orderly flow of information and decisions but does so at the

risk of isolating or misinforming the president.B. The circular method has the virtue of giving the president a great deal of information, but at the

price of conflict and confusion among secretaries and assistants.C. An ad hoc structure allows great flexibility, minimizes bureaucracy, and generates ideas and

information from disparate channels, but it risks cutting the president off from the government officials who are ultimately responsible for translating presidential decisions into policy.

IV. Typically senior White House staff members are drawn from the ranks of the president’s campaign staff. A few members will be experts brought in after the campaign.

The Executive Office of the PresidentI. Agencies in the Executive Office report directly to the president and perform staff services for him but are

not located in the White House itself. The top positions in these agencies are filled by presidential appointment, but must be confirmed by the Senate.A. The most important agency in terms of the president’s need for assistance in administering the federal

government is the Office of Management and Budget. It assembles and analyzes the figures that go into the national budget, studies the organization and operations of the executive branch, devises plans for reorganizing various departments and agencies, develops ways of getting better information about government programs, and reviews proposals that cabinet departments want included in the president’s legislative program.

B. It has traditionally been a nonpartisan agency, though it recently has begun to advocate policies more.The Cabinet

I. The cabinet is a product of tradition and hope. Cabinet officers are the heads of the 14 major executive departments. The president must struggle with Congress for control of these agencies.A. Having the power to make these appointments gives the president one great advantage: he has a lot of

opportunities to reward friends and political supporters.Independent Agencies, Commissions, and Judgeships

I. The president appoints people to 4 dozen or so agencies and commissions that are not considered part of the cabinet and that by law often have a quasi-independent status.A. The difference between an “executive” and “independent” agency is not precise. In general it means

that the heads of executive agencies serve at the pleasure of the president and can be removed at his discretion.

B. The heads of many independent agencies serve for fixed terms of office and can be removed only “for cause.”

II. The president can also appoint federal judges, subject to the consent of the Senate.A. Judges serve for life unless they are removed by impeachment and conviction.B. The reason for the special barriers to the removal of judges is that they represent an independent

branch of government as defined by the Constitution, and limits on presidential removal powers are necessary to preserve that independence.

III. One new feature of appointing top government officials is the increasing use of “acting” appointments. An acting appointment holds office until the Senate acts on his or her nomination.A. Many Senators feel that this violates their right to consent to appointments and in particular violates

the Vacancies Act passed in 1868. That law limits acting appointments to 120 days in office.B. Administration officials the practice as necessary given the slow pace of confirmations; senators attack

it as an opportunity for a president to fill up his administration with unconfirmed officials.Who Gets Appointed

I. The president’s cabinet officers and their principal deputies usually have not served with the chief executive in the legislature. Instead they come from private businesses, universities, think tanks, foundations, law firms, labor unions, etc.A. Those appointed to the cabinet and to the subcabinet will usually have some prior federal experience.

They tend to be people who alternate between jobs in government and the private sector.II. At one time the cabinet had in it many people with strong political followings of their own. Presidents had

to contend with cabinet members who were powerful in their own right.

A. Of late, a tendency has developed for presidents to place in their cabinets people known for their expertise or administrative experience rather than for their political following. This is in part because political parties are now so weak that party leaders can no longer demand a place in the cabinet and in part because presidents want “experts.”

B. A president’s desire to appoint experts who do not have independent political power is modified by his need to recognize various politically important groups, regions, and organizations.

III. Because political considerations must be taken into account in making cabinet and agency appointments and because any head of a large organization will tend to adopt the perspective of that organization, there is an inevitable tension between the White House staff and the department heads.A. Staff members see themselves as extensions of the president’s personality and policies; department

heads see themselves as repositories of expert knowledge.Presidential Character

I. Personality plays a more important role in explaining the presidency than it does in explaining Congress.The Power to Persuade

I. The sketchy constitutional powers given the president, combined with the lack of an assured legislative majority, mean that he must rely heavily on persuasion if he is to accomplish much. Here the Constitution gives him some advantages: he and the vice president are the only officials elected by the whole nation, and he is the ceremonial head of state as well as the chief executive of the government.A. The president can use his national constituency and ceremonial duties to enlarge his power, but he

must do so quickly.The Three Audiences

I. The president’s persuasive powers are aimed at three audiences. The first is his Washington, DC audience of fellow politicians and leaders.

II. A second audience is composed of party activists and officeholders outside Washington—the partisan grassroots.A. These people want the president to exemplify their principles, appeal to their fears and hopes, and get

them reelected.III. The third audience is the public. This audience is really many publics, each with a different view or set of

interests.Popularity and Influence

I. The object of talking is to convert personal popularity into congressional support for the president’s legislative programs.

A. Presidential support does not greatly help members of Congress. Most representatives win reelection, and the few who are in trouble are rarely saved by presidential intervention.

II. A president’s personal popularity may have a significant effect on how much of his program Congress passes, even if it does not affect the reelection chances of those members of Congress.

A. Members of Congress sense that it is risky to oppose a popular president. The more popular the president, the higher the proportion of his bills that Congress will pass.

III. Presidential popularity is hard to predict and can be greatly influenced by factors over which nobody has much control.

The Decline in PopularityI. Though presidential popularity is an asset, its value tends to decline. Almost all presidents lose support

between the time they are inaugurated and the time they leave office.A. Because a president’s popularity tends to be highest right after an election, political commentators

speak of a “honeymoon.”The Power to Say No

I. The Constitution gives the president power to veto legislation. In addition most presidents have asserted the right of “executive privilege,” or the right to withhold information that Congress may want to obtain from the president or his subordinates, and some presidents have tried to impound funds appropriated by Congress.

VetoI. If a president disapproves of a bill passed by both houses of Congress, he may veto it in one of two ways.

One is by a veto message. This is a statement that the president sends to Congress accompanying the bill, within ten days after the bill has been passed.

A. In it he sets forth his reasons for not signing the bill.II. The other method is the pocket veto. If the president does not sign the bill within ten days and Congress

has adjourned within that time, then the bill will not become law.A. A pocket veto can be used only during a certain time of the year—just before Congress adjourns

at the end of its second session.III. A bill that is not signed or vetoed within ten days while Congress is still in session becomes law

automatically, without the president’s approval. A bill that has been returned to Congress with a veto message can be passed over the president’s objections if at least 2/3 of each house votes to override the

veto.A. A bill that has received a pocket veto cannot be brought back to life by Congress, nor does such a

bill carry over to the next session of Congress.IV. Until 1996 the president had to either accept or reject the entire bill. President’s did not have the power to

exercise a line-item veto, with which the chief executive can approve some provisions of a bill and disapprove others.

A. Congress could take advantage of this by putting items the president did not like into a bill he otherwise favored.

B. In 1996 Congress passed a bill that gives the president the power of “enhanced rescission.” This means the president could cancel parts of a spending bill passed by Congress without vetoing the entire bill. These rescissions would take effect unless Congress, by a 2/3 vote, overturned them. Congress could choose which parts of the president’s cancellations it wanted to overturn.

C. The Supreme Court decided that this law was unconstitutional.Executive Privilege

I. The Constitution says nothing about whether the president is obliged to divulge private communications between himself and his principal advisers, but presidents have acted as if they do have that privilege.

A. The presidential claim is based on two grounds. First, the doctrine of the separation of powers means that one branch of government does not have the right to inquire into the internal workings of another branch headed by constitutionally named officers.

B. The principles of statecraft and of prudent administration require that the president have the right to obtain confidential and candid advice from subordinates.

C. In the 1973 case United States v. Nixon, the Supreme Court held that while there may be a sound basis for the claim of executive privilege, there is no “absolute unqualified Presidential privilege of immunity from judicial processes under all circumstances.” To admit otherwise would be to block the constitutionality defined function of the federal courts to decide criminal cases.

D. The courts have greatly limited the number of officials with whom the president can speak in confidence.

Impoundment of FundsI. From time to time presidents have refused to spend money appropriated by Congress. The Constitution is

silent on whether the president must spend the money that Congress appropriates, all it says is that the president cannot spend money that Congress appropriated.

II. The Budget Reform Act of 1974 requires the president to spend all appropriated funds unless he first tells Congress what funds he wishes not to spend and Congress agrees to delete the items.

A. If he wishes to delay spending money, he need only inform Congress, but Congress can then refuse the delay by passing a resolution requiring the immediate release of the money.

The President’s ProgramPutting Together a Program

I. To develop policies on short notice, a president will draw on several sources, each with particular strengths and weaknesses.

A. Interest groups. Strength: will have specific plans and ideas. Weakness: will have narrow view of the public interest.

B. Aides and campaign advisers. Strength: will test new ideas for their political soundness. Weakness: will not have many ideas to test, being inexperienced in government.

C. Federal bureaus and agencies. Strength: will know what is feasible in terms of governmental realities. Weakness: will propose plans that promote own agencies and will not have good information on whether plans will work.

D. Outside, academic, and other specialists and experts. Strength: will have many general ideas and criticisms of existing programs. Weakness: will not know the details of policy or have good judgment as to what is feasible.

II. There are two ways for a president to develop a program. One is to have a policy on almost everything. The other method is to concentrate on three or four major initiatives or themes and leave everything else to subordinates.

A. The president must judge public and congressional reaction to his program before he commits himself fully to it. therefore he will allow parts of his program to be “leaked” to the press as a trial balloon.

III. The president faces three constraints on his ability to plan a program. One is the sheer limit of his time and attention span. The second constraint is the unexpected crisis. The third is the fact that the federal government and most federal programs can only be changed marginally, expect in special circumstances.

A. The result of these constraints is that the president has to be selective about what he wants.IV. When polls did not exist, politicians often believed that they should do what they thought the public

interest required. Now that polls are commonplace, some politicians act on the basis of what their constituents want.

A. Scholars call the first view the trustee approach: do what the public good requires, even if the voters are skeptical.

B. The second view is the delegate model: do what your constituents want you to do.C. Polls may be a device not for picking a policy but for deciding what language to use in explaining

that policy.Attempts to Reorganize

I. Many presidents try to reorganize the executive branch of government. II. Legally the president can reorganize his personal White House staff anytime he wishes. To reorganize in

any important way the larger Executive Office of the President or any of the executive departments or agencies, however, Congress must first be consulted.

A. For over 40 years this consultation usually took the form of submitting to Congress a reorganization plan that would take effect provided that neither the House nor the Senate passed, within 60 days, a concurrent resolution disapproving the plan (a legislative veto.)

B. This procedure, first authorized by the Reorganization Act of 1939, could be used to change, but not create or abolish, an executive agency. In 1981 authority under the act expired, and two years later the Supreme Court declared that all legislative vetoes were unconstitutional.

Presidential TransitionThe Vice President

I. Vice presidents rarely attain the presidency by being elected.II. The only official task of the vice president is to preside over the Senate and to vote in case of a tie. His

leadership powers in the Senate are weak, especially when he is in a different party than the majority of the Senators.

Problems of SuccessionI. If the president dies in office, the right of the vice president to assume that office has been clear since the

time of Tyler, though the issue is grayer should the president become seriously sick. II. Another problem has arisen when the vice president became president owing to the death of the incumbent.

In these cases no elected person was available to succeed the new president should he die in office.A. The Succession Act of 1886 designated the Secretary of state as next in line for the presidency

should the president die, followed by other cabinet officers in order of seniority.B. In 1947 the law was changed to make the Speaker of the House and the president pro tempore of

the Senate next in line for the presidency. However, the Speaker and president pro tempore are likely to be chosen because of seniority, not executive skill, and might be in the party opposite that occupying the White House.

C. The 25th Amendment to the Constitution allows the vice president to serve as “acting president” whenever the president declares he is unable to discharge the powers and duties of his office or whenever the vice president and a majority of the cabinet declare that the president is incapacitated. The amendment deals with the succession problem by requiring a vice president who assumes the presidency to nominate a new vice president.

ImpeachmentI. The president, vice president, and “civil officers of the United States” can be removed by being impeached

and convicted. As a practical matter civil officers are not subjects of impeachment because the president can remove them anytime he wants.

II. An impeachment is like an indictment in a criminal trial. To be removed from office, the impeached officer must be convicted by a 2/3 vote of the Senate

How Powerful is the President?I. The federal government as a whole has become more constrained, so it is less able to act decisively. The

chief source of this constraint is the greater complexity of the issues with which Washington must deal.II. The presidents have come to acquire certain rules of thumb for dealing with their political problems:

A. Move it or lose it. A president who wants to get something done should do it early on his term, before his political influence erodes.

B. Avoid details. President Carter’s lieutenant regret having tried to do too much. Better to have three or four top priorities and forget the rest.

C. Cabinets don’t get much accomplished; people do. Find capable White House subordinates and give them well-defined responsibilities, then watch them closely.

This chapter is about the president. The chapter begins by comparing presidents and prime ministers, and draws conclusions about the different kinds of power that these two leaders wield and how they interact with their respective legislative bodies. It then discusses the importance of divided and unified governments in deciding legislative issues. There is then a discussion about how the presidency has changed over time. It then lists the powers of the president, and the powers that he doesn’t have. It also discusses the office of the president, and how the office is structured. It then discusses some of the responsibilities of the president, namely, their obligation to persuade Congress and the public that their policies are sound.

WTP Lesson 23 – What is the Role of the President in the American COnsitutional System?

Purpose:The president of the United States is among the most powerful political figures in the world. In

the international realm the president speaks for the country and is the symbol of America. At home the president suggests the policy agenda for Congress and is the leader of his or her political party. Americans look to the president for leadership, while at the same time fearing the concentration of political power in the executive branch. This lesson examines sources of presidential power and ways that checks and balances limit presidential power.

When you have finished this lesson, you should be able to explain the president's constitutional responsibilities and how the office of president has evolved. You also should be able to identify various constitutional and political checks on the president's power. You should be able to explain fundamental differences between the office of prime minister in a parliamentary system and the American presidency. Finally, you should be able to evaluate, take, and defend positions on issues involving the exercise of presidential power and the relationship between the president and the other branches of government.

1. What are the President’s Constitutional Responsibilities?a. Listed in Article II. Not limited to theseb. Commander in chief - Highest ranked person of the military forces. According to

the U.S. Constitution, the president is commander in chief of the nation's armed forces.   

c. Heading the executive departmentd. Pardons, reprieves, etce. Treatiesf. Nominating ambassadors, public ministers, consuls, judges of Sup Crt, etc.g. Recommending legislation to Congressh. Reviewing legislationi. Receiving ambassadors and public ministers.j. “take care the laws be faithfully executed”

2. How Did the Framers Envision the Presidency?a. Official above partisan politics.b. Publius-fed 68- a person who had earned the esteem and confidence of the entire

nation, with a character “preeminent for ability and virtue”c. No intentions for campaigning, wanted electoral college to decided. To contrast deliberation of congress, president should have “energy”e. Hamilton-fed 70-“a feeble execution is but another phrase for a bad execution; and a

gov’t ill executed, whatever it may be in theory, must be in practice, a bad gov’t”3. How Has the Presidency Evolved?

a. Washington, Jeffersoni. Powerful

b. Jacksoni. Rise of modern presidency

ii. First to use veto power a lot (12, more than all previous combined)1. 2nd nat’l bank

c. Lincolni. Asserted unprecedented, unilateral executive power

ii. “Inherent executive power” was his justificationd. Roosevelt and Wilson

i. Bully pulpit to shape public opinion and frame debates/legislation as he presented them

ii. Wilson- unsuccessful attempt to join league of nationse. FDR – most influential of 20th century

i. Used depression & WWII to consolidate powerii. Direct control of policy process (New Deal)

iii. Established American preeminence internationallyiv. Public opinion pollsv. Fire-side chats

f. Others have lived in FDR’s shadowi. Reagan-The Great Communicator

ii. Kennedy & Clinton – personal charisma4. What is the President’s Role in Foreign Policy?

a. Commanding the armed forcesi. Congress only declares war 5 times, everything else was w/o (Korea, ‘Nam,

Grenada, Kuwait, list goes on)b. Making treaties

i. Must be approved by 2/3 senate votec. Appointing ambassadors and consuls

i. Must be approved by majority senate voted. Receiving ambassadors and other public ministers

i. President is only channel of communicationii. Can be used as policy tool by withholding recognition

5. How do the President’s Powers Expand in War and Emergency?a. Vastly – do things not granted by Constitution/ not approved by congress

i. Cleveland1. Deployed fed troops 1894 to put down Pullman train car strike

ii. Roosevelt1. Gave destroyers to GB in 1940

iii. Truman1. Ordered operation of steel mills during strike to help Korean war.

b. Congress sometimes tries to pull in the reignsi. 1952 – Sup Crt said Truman exceeded his powers ^

ii. Congress debated leaving ‘Nam 70’siii. 2006- bush’s special military commission were against Geneva Convention

6. How and Why had Presidential Power Expanded Historically?a. 19th century Congress had powerb. 20th century word affairs expanded and power shifted to executive

i. Roosevelt, Johnson, Nixon, Bushc. 1 – chief executives should act vigorously an address problems

i. Polls in the 30’s1. Americans want strong activist presidents2. Americans fear and distrust activist president

a. They want checks and branches from other branchesd. 2 – broad description of executive powerse. 3 – role in Congress

i. Suggests legislation. Makes agencies and regulations printed in the Federal Register

f. 4 - executive orders - Directives issued by the president, including Presidential Directives, National Security Directives, and Homeland Security Presidential Directives. Presidents have issued such orders since 1789. Such orders are open to the public, except for National Security Directives.   

g. 5 – fed gov’t assumes responsibilities that were once local and individual. (Healthcare, transportation, product safety)

7. How are Presidential Powers Limited?

a. 22 amendment – 2 term limitb. Congress

i. Rejecting the president’s legislative agenda or modifying it in ways that make it unacceptable to the president

1. Rejecting Roosevelt’s attempt to increase # of justicesii. Asserting constitutional authority

1. 1973 war powers resolutioniii. Refusing to ratify treaties

1. 1996 Clinton signed nuclear test ban w/ 137 countriesiv. Refusing to confirm presidential nominees to the judiciary or top

administrative posts1. Refuse some of Nixon’s and Bush’s nominees

v. Refusing to fund the president’s programs1. Refusal for emergency funding for ‘Nam

vi. Removing the president from office by impeaching, trying, and convicting him

c. Senatei. Humphrey’s Executor vs. US (1935)

1. Congress must approve the president’s decision to remove an official of an independent office

ii. US vs. Nixon1. No automatic immunity

iii. Train vs. City of NY1. President cannot refuse to spend money that congress has

appropriated unless congress says so.d. Executive

i. Next lessone. Public

i. w/o public support president is less powerful8. How does the America President Differ from a Prime Minister?

a. Parliamenti. Majority party appoints PM

ii. Majority has most of cabinetiii. PM must have served in Parliamentiv. Legislative and executive integratedv. PM proposals to Parliament guaranteed.

vi. If PM loses Parliament, he/she is easily replaced.b. USA

i. 3 distinct branchesii. Country chooses Pres

iii. No prior experience requirediv. Not majority leaderv. Congress does not have to listen to Pres

vi. Judicial reviewvii. Fixed term

viii. Presidential power depends on their ability to negotiate and persuade. .ix. Public opinion matters a lot

WTP Lesson 24 – How are National Laws Administered in the American Constitutional System?

Purpose:

Departments, agencies, and bureaus that administer the laws, often referred to as the bureaucracy, touch every aspect of American life. For example, the Environmental Protection Agency sets standards for water and air quality. The Department of Transportation adopts rules for the development and operation of the interstate highway system. The Federal Aviation Administration oversees air traffic safety. The Food and Drug Administration approves medications. This lesson examines the role of administrative departments and agencies in America's national government.

When you have finished this lesson, you should be able to explain why Congress creates administrative units, the circumstances that contribute to their creation, and the range of governmental functions that administrative units perform. You also should be able to identify some of the checks on the exercise of administrative power. Finally, you should be able to evaluate, take, and defend positions on public administration in the United States.

1. What Kinds of Administrative Units Exist in the American National Government?a. Fed Papers discussed “good administration” as a condition of a good gov’tb. First Congress: Dept of State, War, Treasuryc. Executive Departments

i. 15ii. Congress directs departments to administer law

iii. Pres. Appoints secretaries/headsiv. Heads are in line for presidency if pres, vice, sec of state, pres pro tempore

can’tv. Sec’s are the cabinet

1. Cabinet: The group of advisors to the president composed of the heads of the departments of the executive branch and certain other officials. Cabinet advice to U.S. presidents is not binding, as opposed to parliamentary systems, where the consensus of cabinets is said to bind prime ministers.   

vi. Depts of Defense and Justice are result of combining depts.vii. Depts of health and human services and education are result of splitting

deptsd. Executive Office of the Present (EOP)

i. FDR complained; Congress makes it to help with budgeting, personnel management, natural resources planning, etc.

ii. Umbrella agency with more than a dozen others. 1. Management and budget2. Homeland security3. Economic advisors4. Natl security council

iii. Bureaucracy: Governmental departments and agencies and their staffs, principally civil service members and political appointees.  

e. Independent Agenciesi. Since 1887

ii. Independent agencies: Administrative organizations located outside the structure of executive departments.   

iii. First: interstate commerce commission1. Decide whether the raters that states imposed were “reasonable”

iv. More than simply implement congressional statutesf. Other depts. Exist too

i. Fed Emergency Management Agency (now under homeland security)ii. USPS

iii. Fed Communications Commission2. Why Does Congress Create Administrative Organization’s and What Powers do They

Exercise?a. Laws are written in general terms and congress cannot deal with specicfc cases of

lawsb. Quasi–legislative powers: Having a partly legislative character by possession of

the right to make rules and regulations having the force of lawc. Rules published in Federal Registerd. Quasi–judicial powers: Actions of an agency, board, or other government entity in

which there are hearings, orders, judgments, or other activities similar to those of courts.   

e. IRSi. 16th amendment gives power to “lay” and collect taxes on income

ii. IRS makes and enforces rulesf. Administrative Procedure Act (1946)

i. Public notice and opportunity for public to be heard before rules are affectiveii. Judicial review

3. What Factors Have Contributed to the Numbers of Administrative Organizations?a. Bureaucracy grows in response to demands placed on govtb. Control over natural resources: Dept of Agriculture and Interiorc. Problems during industrial revolution Depts of Commerce and Labor, Interstates

Commerce Commission, Federal Trade Commissiond. Great Depression/New deal: Tennessee Valley Authority, Small Business

Administration, Federal Communications Commission, Social Security Administration

e. Cold War: DoD, Natl Security Council, CIA, Natl Science Foundationf. 70’s and later size of gov’t was downsized

i. Civil Aeronautics Board abolishedii. Interstate commerce commission an resolution trust corporation abolished

g. 9/11: Dept of Homeland Security4. How Are Administrative Agencies Staffed?

a. Administrative civilian employees chosen through civil service programi. Civil service: Employment in federal, state or provincial, and local

governmental agencies. The civil service was formed in an effort to reduce political patronage and promote professionalism in government.   

ii. Patronage: Support, often financial, given by a person or institution to a person, group, or institution in need.   

b. Congress exercise broad control. Can make special requirments for office, set wages, benefits, etc.

i. Provide protection for “whistle blowers”c. Hatch Act 1939

i. Prevent political parties from pressuring administrative employees to make financial contributions or to work for their candidate for job security

ii. Restricted employees participating in politics too much.iii. Clinton made amendments in 1993

d. Administrative employees should be insulted from politicse. Title 5 of US Code governs merit principle in administrative agencies.

i. Many find exemptions thoughf. Some are appointed by presidentg. Usually when a new administration takes office most political appointees lose office

i. Civil service employees usually retain jobs

h. In GB, only a small number of jobs change when new PM is chosen.5. How Do Checks and Balances Affect Administrative Agencies?

a. The Presidenti. Appoints heads

ii. Executive orders1. Bush issued orders to create faith-based and community initiatives

offices in several depts.b. Congress

i. Makes, controls, ends agenciesii. Confirms pres appointments

iii. Budgets and expendituresiv. “Congressional veto”

c. Courtsi. Judicial review

d. Federalismi. Natl bureaucrats can encounter resistance from states

1. Weed, mane. Citizens, interest groups, and the media

i. Ex: SS recipients monitor and complain. As do welfareii. Environmental activists

iii. Media investigationsiv. Blah blah blah