Executive BranchUnit 4, Part II: Executive Branch

35-45%

Evolution of the Presidency

Role of Executive Branch• enforces the law• biggest branch: bureaucracy,

military

Concerns of the Framers• feared monarchy but also feared

anarchy• principal concern was to balance

legislative and executive branches• feared president’s military powers

and possibility of corruption• Hamilton = stronger president• Jefferson = weaker president

Evolution of the Presidency

Washington – John Q. Adams (1789–1828)

• Congress set policy (president went with it)

• few vetoes, only for constitutional not personal/ideological reasons

• leaders were men of stature in the community (disinterested)

Jackson (1828–1836)• strong, independent president• vigorous use of vetoes, none

overridden

Evolution of the Presidency

Van Buren – Hoover (1836–1932)

• congressional domination• sectionalism, very divided

public opinion• presidents chosen to

enforce policies set by Congress

• few strong Presidents• Lincoln – emergency powers

and war powers during the Civil War

• T. Roosevelt and Wilson – progressive reform

Evolution of the Presidency

FDR – today (1932–the present)• Congress still focal point of public

policy• President heads bureaucracy that

enforces congressional policies• President has a vision/agenda for

America with a fancy name• New Deal, New Frontier, Great Society

• limitations on President’s program• public and congressional reactions• unexpected crisis (9/11 attack,

Hurricane Katrina)• most resources are already committed

(time and money)Is the president a

trustee or a delegate?

The Presidency

Qualification1. 35 years old2. natural-born citizen3. 14 years residency

Unofficial Qualifications• tall• married• religious (protestant)• educated• military-experience• pet-owner

The Presidency

Benefits• presidential pay is set by

Congress ($400,000)• expenses, healthcare,

pension• secret service protection• White House, Camp David• Air Force One

The Presidency

Term of Office• 4 years picked as

compromise – not too long or too short

• Washington established two-term tradition

The Presidency

22nd Amendment• set two term limit• If VP serves more than half of a

term it counts towards the limit• critics say this is undemocratic • proponents say it reduces

corruption

20th Amendment• inauguration date moved up to

Jan 20th• shortens lame-duck period

The Presidency

Presidential Duties• failure in one area potentially means

failure as president• chief of state• chief executive• chief administrator• chief legislator• chief diplomat• commander in chief• chief citizen• party chief

• in general, Democrats stronger in domestic policy and Republicans in foreign policy

The Presidency

Presidential Greatness• FDR dealt with Great

Depression and WWII• George Bush major foreign

policy victories overshadowed by economy

• LBJ led major social reform which was overshadowed by Vietnam

Read my lips!!

The Presidency

White House Office• President’s close advisors led

by the chief of staff• Presidents structure their

office in three main ways 1. pyramid structure –

subordinates, report through a clear chain of command

2. circular structure – several assistants report to the president

3. ad hoc structure – several subordinates, cabinet officers, and the committees report to the president

The Presidency

Executive Office of the President (EOP), 1939

• the agencies that report directly to the president

• Office of Management and Budget (OMB) assembles the budget• reviews legislative

proposal for agencies• essential part of the

budget process

Agencies in the EOPWhite House OfficeNational Security CouncilOffice of Management and BudgetOffice of National Drug Control PolicyCouncil of Economic Advisors

The Presidency

Presidential Influence• presidents try to transform

popularity into congressional support for their programs

• popular presidents claim “mandates” after elections

• popularity is always highest after election but declines by midterm elections

• ‘coattail effect’ has dropped off in recent years

The Vice President

The Vice Presidency• only 14 VPs have

become president, 8 from death of president• Tyler, Fillmore,

Johnson, Arthur, Roosevelt, Coolidge, Truman, LBJ

• vice presidency has been vacant 19 times

• gets paid the same as the speaker (but gets a VP Mansion)

"I'll tell you, Lyndon, the vice presidency isn't worth a pitcher of warm spit.“—John Nance Garner

The Vice President

Vice Presidential Duties1. presides over the Senate –

President pro-tempore2. succeeds president3. decides if President is too

disabled to function as president

4. unofficial duties • “balances the ticket” • #1 supporter of the

president• does the stuff the president

doesn’t want to do

The Vice President

Firing the Vice President• the VP cannot be fired,

only impeached• therefore president

hesitates to trust him or give him responsibility

The Vice President

25th Amendment• procedure for VP

becoming president• allows VP to fill in for

disabled president• illness decided on by

president, VP and cabinet, or 2/3 vote in congress• new VP confirmed by

Senate - Ford

The Vice President

Presidential Succession Act, 1947• set order for succession

• Vice President• Speaker of the House• president pro-tempore• Sec. of State• Sec. of Treasury• Sec. of Defense• Attorney General

• other cabinet positions in order of their creation

• has been talk of moving homeland security up the line ahead of agriculture, education, etc.

Powers of the Presidency

Increased Authority• presidential authority has increased

for three reasons1. precedents set by strong presidents

- Jackson2. technological advancement – rail

roads, airplanes, internet3. emergencies – Great Depression,

civil war, 9/11• the public expects leadership from the

presidency• Congress has greatly expanded the

president’s powers since the 1930s

Powers of the Presidency

unilateral powers• powers the president

uses without congressional approval

executive order• has force of law w/o

invoking congress• E.O. #9066, ordered

internment of Japanese-Americans

• legislative veto declared unconstitutional in 1983

Powers of the Presidency

executive agreement• has force of treaty w/o

involving congress• ex. agreeing to send aid

after a disaster, SALT II

recognition• establishes diplomatic

ties with a nation• ending diplomatic ties is

usually a precursor to war

Powers of the Presidency

Legislative Powers• executive agencies suggest

legislation and then enforced it • president has final veto power

State of the Union Address• President addresses a joint session

of Congress to report over the last year and to promote his agenda

• one member of the cabinet is absent

• the opposing party makes a response after the speech

Bully Pulpit• President uses access to the media

and the public to support his policies

Powers of the Presidency

Judicial Powers• appoints judges to federal courts

pardon• forgives a person for federal crimes• it can’t be checked by other branches• president does not have to explain

why

reprieve/commutation• postpones punishment

amnesty• forgives many people for the same

crime• Carter granted amnesty to Vietnam

draft dodgers

Powers of the Presidency

Executive Privilege• right of President to keep

secrets from the public• justification – separation of

powers, need to be candid

United States v. Nixon, 1973• Nixon claimed need to keep

bombing of Cambodia secret• Supreme Court said that

there was no absolute claim to executive privilege

• Nixon turned over Watergate tapes and then resigned

Short History of Bureaucracy in America

1861–1901: laissez faire• patronage (spoils system)

encouraged party loyalty and turnover

• states’ rights made national policy difficult

• the Civil War created demand for more federal oversight

• industrialization required more regulation of interstate commerce

• corruption within the system was evident

Short History of Bureaucracy in America

1920s-1960s: government activism

• with income tax, came more bureaucracy

• huge increase in the number of government employees

• public supported more social programs and a larger military

Short History of Bureaucracy in America

1970s-present• modest increase in number of government

employees• more social programs and a larger military

• more government contracts with private businesses

• more discretionary authority• the ability to choose courses of action and to

make policies not set out in the statutory law• subsidies• grant-in-aid programs to state and local groups• creating and enforcing regulations

The Cabinet

The Cabinet• meant to divide the

workload of the executive branch

• heads must be approved by the Senate

• paid $200,000/year• first cabinet had four

offices • State Department• Treasury Department• Department of War• Department of Justice

The Cabinet

Criticisms of the Cabinet• not mentioned in the

constitution but use executive power

• secretaries aren’t entirely loyal to the president

• act as advocates for their own departments and interests

• serve as scapegoats for public criticism

State 1789

Treasury 1789

Defense 1947

Justice 1789

Interior 1849

Agriculture 1889

Commerce 1903

Labor 1913

Health & Human Services 1953

Housing & Urban Development 1965

Transportation 1967

Energy 1977

Education 1979

Veterans' Affairs 1989

Homeland Security 2002

The Bureaucracy

“Fourth Branch of Government”• seventeen million people

work for the executive branch• directly = 3 million• indirectly = 14 million

• make the day to day operation of the government possible

• creates continuity across presidencies but also creates a government culture

• interpretation of the law influences its effectiveness

The Bureaucracy

Social Class, Education, Ideology• appointees match ideology of

the president• rank and file represent society

• somewhat more liberal/conservative

• activist agencies more liberal – EPA, FDA, FTC

• traditional agencies more conservative – commerce, Treasury, Agric

• much stronger opinions about role of government

• much more likely to vote

The Bureaucracy

Unique Aspects of American Bureaucracy1. political oversight is shared by the

executive and legislative branches

• Presidential Oversight• appoints leaders who must be approved

by the Senate• agencies are part of the executive branch

• Congressional Oversight• creates and authorizes agencies• appropriates money for programs • congressional investigation into officials

and practices

2. fragmented government: federal agencies have to work with states and local government

3. adversarial political culture increases scrutiny

The Bureaucracy

Executive Agencies• nearly 150 organizations lack

cabinet status but work for the president

• heads can be removed only “for cause” and serve a fixed term

• may “retire” from public work and then work for the groups that they previously regulated• rivalries exist between agency heads

and white house staff• provisional v. political appointees• President knows few appointees

personally• however, most have previous federal

experience

The Bureaucracy

Independent Executive Agencies• lack cabinet-level status• quasi–legislative

• fill in gaps and writing rules• quasi-judicial powers

• rule enforcement and punish violators

• EPA• NASA• Social Security Administration• Federal Election Commission• Office of Personnel Management

The Bureaucracy

Regulatory Commissions• largely beyond

presidential or political control

• governed by board of 5-7 appointed by the president

• created to act in behalf of Congress

• some question whether they are indirectly controlled by the interest groups they are meant to regulate

Federal Reserve System 1913

Federal Trade Commission 1914

Securities and Exchange Commission

1934

Federal Communications Commission

1934

National Labor Relations Board 1935

Federal Maritime Commission 1936

Consumer Product Safety Commission

1972

Nuclear Regulatory Commission 1974

Commodity Futures Trading Commission

1974

Federal Energy Regulatory Commission

1977

The Bureaucracy

Government Corporations• operate as businesses• stock is owned by the

government• FDIC• Postal Service• TVA• Amtrak

Criticisms of the Bureaucracy

1. Red Tape• complex, conflicting rules

that slowdown completion of a project

• FAFSA forms or building permits

2. Conflict• agencies work against each

other (EPA v. navy)

3. Duplication• two or more agencies seem

to do the same thing • Intelligence gathering

before 9/11

Criticisms of the Bureaucracy

4. Imperialism• tendency of agencies to

grow in size and influence • iron triangle effect – the

stronger the agency gets the stronger the committee gets that oversees it

5. Waste• spending more money

than is necessary to buy a product or service

Reforming the Bureaucracy

Pendleton Act, 1883• changed jobs from

patronage to merit • merit protects bureaucrats

from removal• Grover Cleveland

replaced 40,000 Republican postal workers

Reforming the Bureaucracy

• priority given to plans that stress presidential control• efficiency, accountability,

consistency

National Performance Review (NPR), 1993

• designed to reinvent government

1. less centralized management2. more employee initiatives3. fewer detailed rules

Reforming the Bureaucracy

Why reform is difficult1. divided government muddies

the waters• president tries to increase political

control• Congress uses investigations,

appropriations, and laws

2. iron triangle makes it so many like it the way it is

3. too many competing forces• special interest groups,

subcommittees

Recruitment and Retention

Competitive Service• jobs based on written exam

given by the OPM• only about 54% hired this way• down from 86% in 1952

1. one test can’t meet needs of all the agencies

2. professional needs outweigh test scores

3. pressure to diversify their personnel

Recruitment and Retention

Excepted Service• don’t take exams

• presidential appointments – ambassadors, judges, cabinet officers

• Schedule C jobs: confidential or policy-determining

• about 3% appointed on grounds other than merit• George W. Bush appointed

over 4 times JFK (451 people)

• appointed by agencies (usually nonpartisan)

Recruitment and Retention

Name-Request (buddy system)• job description tailored to fit

the person• shortens search for personnel

but makes close-knit groups

Recruitment and Retention

Firing a Bureaucrat• almost impossible,

informal discipline much easier than firing

• makes workers more powerful than their bosses

• 0.1% of Federal workers get fired

Recruitment and Retention

Civil Rights Reform Act, 1978• created the senior

Executive Service (SES)• in between appointees and

rank and file workers• better pay but easier for

president to fire bureaucrats

Constraints on Government

• hiring, firing, pay, and protocols set by law not market

Administrative Procedure Act, 1946• new policies must be preceded by

hearing

Freedom of Information Act, 1966• all government records are open to

public scrutiny• exceptions include military/trade

secrets

Constraints on Government

National Environmental Policy Act, 1969

• environmental impact statements required by law

Privacy Act, 1974• government files with private

information are confidential• i.e., social security info, tax

records

Open Meeting Law, 1976• all government meetings must

be open to the public