THE PRESIDENCY & BUREACRACY

Unit Four:Chapters 8 & 9

https://www.youtube.com/watch?v=3Tlv9zDuuNY A good introduction!

https://www.youtube.com/watch?v=wwMOqVxSb3AHow to become president.

https://www.youtube.com/watch?v=2Kiq_7cUhqM – Fun facts!

The Roots of the Office of President of the United States

• Distrust of the King

• Articles of Confederation

• Framers new thoughts…

• “You may call me, Mr. President.”

Qualifications for Office• The Constitution requires that the president

must be:– Age, residency, anything else?

• Let’s chat about this!

Terms of Office• Big to do, lots of different ideas thrown out• 22nd amendment

Pay and Benefits• President

– $400,000 annual salary– $50,000 annual

expense account– $100,000 travel

account– $19,000 entertainment

• Any other benefits?• Retirement plans?

– $143,800/year• What about the

widows?– $20,000/year

Presidential Selection: Electoral College

• Why is it here?– No direct popular vote for Pres– Were independent agents in the selection of the

President.• Was state by state, with each elector casting votes for 2

candidates.• If there’s a tie…. The House chooses!

• However political parties messed things up. Shoulda listened to G.Dub.

Then Political Parties Came…

• The Election of 1800– When did parties come about???– Parties chose candidate and

electors• Hmm…. How is this going to work

out, tie duh!

– Who chooses???

• 12th amendment

Electoral College Today• Nominated at convention or chosen in state central

committee and chosen by popular vote• Winner take all (except Nebraska and Maine)• Meet Monday after second

Wednesday in Dec.• Jan 6 – Congress

counts votes – need 270!

• Jan 20 – Pres is sworn in!

Removal of a PresidentUltimate check on

power!•What does the House do?

– Investigates, drafts “Articles of Impeachment,” and charges•What does the Senate do?

– Tries the case & if 2/3 say guilty – peace out!•Who is the judge?•How many Presidents have been impeached?•How many Presidents have been removed?

• Ways of leaving office (mid-term):

• 25th amendment: set up succession process; temporary removal of Prez from duties of office– VP = acting Prez– Also new VP appointed if a vacancy

Down through the rest of the

cabinet!

• Impeachment: “bribery, treason, or high crimes & misdemeanors”

• Const. duties: break tie vote in Senate, help decide Prez disability

• Must be ready to become Prez at any time

• Person often chosen as running-mate to “balance the ticket”

• Amount of access to & influence on Prez and policy depends on Prez himself

The Constitutional Powers of the President

• Article II• Expressed powers• Executive Power Clause – Article II, first

line– It states "the executive power shall be vested in

a President of the United States of America." • Implied powers

Roles of the PresidentInformal• Chief lawmaker• Party leader• Crisis manager• Recruiter• Morale builder • Chief diplomat

Constitutional • Commander-In-Chief• Head of executive

branch• Negotiates treaties• State of Union

Addresses • Makes appointments

Commander-in-Chief

AppointmentPower

PardoningPower

LegislativePower

Treaty-makingPower

Veto Power

Chief ExecutiveChief Diplomat

Chief-of-State

Presidential Powers

The President’s Powers

Executive Powers Diplomatic Powers

• Executing the Law– The President must

carry out all laws.• The Ordinance Power• The Appointing Power• The Removal Power

• The Power to Make Treaties

• Executive Agreements• The Power of

Recognition• Can’t declare war• Military with no war??

– Peace, Vietnam & Korea

Foreign Policy • Isolationism to Internationalism• Foreign Policy

– Fed Gov’ts statements/actions dealing with foreign countries

• Treaties, alliances, international trade, defense, foreign aid.

• What does the Big Guy have to do with this?– Commander & Chief, and Chief Diplomat– Has tons of departments and agencies to help them

• Sec of State, Sec. of Defense, etc.

The President’s Legislative Powers Judicial Powers

• Gives State of the Union• Suggests annual budgets• Recommends special

legislation to Congress• Can veto legislation• Can call special sessions of

Congress• Can adjourn Congress if the

two houses cannot agree on a date

– Grant reprieves and pardons in cases involving federal law.

– Reduce sentences, or fines, imposed by a court.

– Grant amnesty, or a general pardon, to persons who have violated the law.

Chief Legislator

• FDR claimed the leadership and agenda setting power for the president and got it

• Shifted Pres powers from executing policy to making it– Hard during divided gov’t

Influencing Congress• Prez must use both personal & political

resources to achieve legislative agenda – Bargaining, personal appeals, public pressure

• Pwr to persuade often measured thru presidential support score

• High public approval scores give Prez political capital to lobby Congress– Rally points in approval often follow

crisis

Influencing Congress• Prez sometimes claims mandate to

govern– Win by large margin, party majority in

Congress [08], public support for policy

Influencing Congress• Prez sometimes claims mandate to

govern– Win by large margin, party majority in

Congress [08], public support for policy– Seek to help members of party win

Congressional seats • Reputation of office of presidency relied

upon as source of prestige & power– Some say office’s reputation has declined

recently – scandal, controversial actions/war

POWER OF PRESIDENCY

HAS DOMINATED CONGRESS IN FOUR

MAIN AREAS:

ONE: WAR POWERS ● President =

Commander in Chief● Congress declares

war● President Johnson

persuades Congress to enact Gulf of Tonkin Resolution

WAR POWERS ACT

● ENACTED DURING NIXON’S ADMINISTRATION ● TROOPS ABROAD REQUIRE CONGRESSIONAL

APPROVAL (BTW 60 - 90 DAYS)

● CONGRESS REASSERTING ITS AUTHORITY● NIXON VETOED BILL● CONGRESS OVERRIDES THE VETO

TWO: LEGISLATIVE POWERS

● CHIEF LAWMAKER● VETO POWER ● FEWER THAN 3% OVERRIDDEN● PRESIDENTAL SIGNING STATEMENTS –

● EXECUTIVE ORDERS (Korematsu v. US)

BUDGET MAKING● PRESIDENT IS CENTRAL TO

BUDGET MAKING PROCESS● CONSTITUTION SAYS CONGRESS

HAS POWER OF PURSE● PRESIDENT IMPOUNDS FUNDS● CONGRESS FIGHTS BACK FOR

POWER

BUDGET IMPOUNDMENT CONTROL ACT (1974)

● CREATED THE CONGRESSIONAL BUDGET OFFICE (CBO)

● GAVE CONGRESS THEIR OWN ECONOMIC ADVISORS

● MADE THE IMPOUNDMENT OF FUNDS MORE DIFFICULT

THREE: APPOINTEES

● CONFIRMING A CABINET USUALLY VERY EASY

● MANY WHITE HOUSE STAFF OFFICIALS (NATIONAL SECURITY ADVISOR) DO NOT REQUIRE SENATE CONFIRMATION

● POLICY CZARS (OBAMA)

FOUR: FOREIGN AFFAIRS● WITH GROWING NATIONAL SECURITY

PRESIDENTS GAINED POWER OF EXECUTIVE PRIVILEDGE

● ALLOWS THEM TO WITHHOLD INFORMATION IN COURT INQUIRIES IF INFORMATION WOULD ENDANGER NATIONAL SECURITY

● US v. Nixon

TREATY MAKING ● CONSTITUTION REQUIRES SENATE

RATIFICATION OF ALL TREATIES● PRESIDENTS CAN MAKE

“EXECUTIVE AGREEMENTS” THAT HAVE THE EFFECT OF A TREATY (NO SENATE RATIFICATION REQUIRED)

• Original intent: energetic exec w/ limited powers– No political parties, campaigning – Enforce Congress’s laws, handle

foreign policy• Steady growth in power

– Growth of Prez popularity & power in times of crisis

• Still reflects many of precedents set by G. Washington

• FDR: first modern prez to exploit powers to fullest potential – Expanded already existing Prez roles– Est. many new agencies– Pushed legislative agenda thru

Congress– “communicator in chief”

CONCLUSION:● POWER OF PRESIDENCY HAS GROWN

OVER CONGRESS● PRESIDENT CAN WAGE WAR● PRESIDENT CAN LEGISLATE● PRESIDENT CAN APPOINT● PRESIDENT CAN DOMINATE FOREIGN

AFFAIRS● ALL WITH LITTLE INTERFERENCE FROM

CONGRESS!

Don’t forget about the power of public opinion…

Gotta love democracy, baby!

• “Greatness” hard to define – really determined long after Prez leaves office– Often depends on how Prez deals w/ crisis & war– Distinctive vision, leadership, domestic issues

• Most consider great: Washington, Jefferson, Lincoln, FDR (maybe Reagan)– In common: powerful, “strong” leaders

• Not so great: Nixon, Harding, Hoover (maybe LBJ)– In common: weak or corrupt

Bush?? Obama?? – too soon to tell

• Most consider great:

• Not so great:

• Most do agree that Prez has power of exec privilege, esp w/ nat’l security – Criticism: abuse of power of secrecy

• Ex: Nixon & Oval Office tapes– U.S. v. Nixon (1974): prez can claim

exec privilege if releasing info would be harmful; claim IS subject to judicial review

• Power always tested by Prez & Congress

• Executive orders have force of law– Directive to bureaucratic org. on how to

enforce federal law; est. or modify rules of administrative agencies

Criticisms: • Exceeding of executive authority• Violation of checks & balances –>

executive law-making

• Congress must authorize & appropriate funds, but Prez actually spends $$

• 1921: Prez submit annual budget to Congress• 1974: ended use of impoundment

– Requires prez to submit request for any proposed rescission

• 1996: Congress granted Prez line item veto– 98: Supremes said unconstitutional

Signing statements• Purposes: explain what bill will do; to

instruct exec branch’s enforcement of policy; to define Prez’s view of constitutionality of bill

• Criticism: exceeding of Prez’s powers- Recently used by Prez to declare refusal to

enforce part of bill

The Federal The Federal Bureaucracy Bureaucracy

https://www.youtube.com/watch?v=nc5fgKABics Informational https://www.youtube.com/watch?v=kLa9QAk6izY Red Tape

https://www.youtube.com/watch?v=Gdmu20EWXPY Watch on your own…

https://www.youtube.com/watch?v=QYQ4uV8NDJo Bureaucrat song

Bureaucracy

• Large, complex organization of appointed, not elected, officials

• The bureaucracy was set up to accomplish policy goals

• People are hired because of skills that they have to implement policy goals.

Max Weber• Defined the prototype bureaucracy

• Characteristics:– Hierarchical authority structure – bottom up

leadership– Task specialization – experts in field– Rules – similar procedures for similar situations– Merit principles – entrance and promotion based on

ability– Impersonality – treat clients impartially

Did you know?• The bureaucracy began in 1789 with the creation of the Dept. of

State

• Most federal employees work for only a few agencies

• About 55% work for the Department of Defense and Postal Service

• Only about 10% work in D.C.

• 2.8 million civilian employees

Characteristics of American Federal Bureaucracy

• Divided Supervision– Congress creates, organizes and disbands all agencies– Political authority is shared between Congress &

executive branch • Public Scrutiny

– About ½ cases in federal court involve gov’t• Regulation (not public ownership)

– Gov’t regulates privately owned businesses instead of owning the businesses as a gov’t

Civil Service• Originally a patronage

(spoils) system

• Changed as a result of the actions of a disappointed office seeker who shot and killed Garfield in 1881 because he wouldn’t give him a job

• Pendleton Act in 1883 promotes hiring based on merit and nonpartisan government service

• Now use entrance exams for job placement and promotions

Civil Service

• Hatch Act of 1939 prevents workers from active participation in partisan politics– Can’t: run for office, be

involved in campaigns, make political speeches, disseminate political info

– Can: vote, make campaign contributions, join parties, participate in non-partisan campaigns

• Hatch Act amended in 1993 – Civil servants can

engage in political activities as long as • they are off duty• do not run for office • don’t work in

sensitive government areas

Four Types of Bureaucratic Agencies

• Cabinet• Agencies:

– Independent– Regulatory – Government Corporations

• Executive Office of the Presidency• White House Staff

• Advisory council to POTUS.– Not in Constitution!

– 15 Depts, Secretary is the head. – Chosen by Pres and approved by Senate.• Prez often relies on these advisors for

input on impt issues.– Each has their own policy areas and

budgets.– Can be fired at President’s will.

The President’s Cabinet

http://www.whitehouse.gov/administration/cabinet

• EOP = Created by Congress in ’39 (FDR) to help Prez run federal depts & agencies

• Nat’l Security Council: impt foreign & military advisors

• Council of Economic Advisors: advisory group on economic policy

• Office of Management & Budget (OMB): advises Prez abt gov’t agencies – how much $ to budget, quality of work– Prez’s proposed budget = outline for

$ each dept will get

To Learning ObjectivesCopyright © 2011 Pearson Education, Inc. Publishing as Longman

LO 13.3

• Chief aides & staff for Prez & WH– 3 types of offices: political, policy,

support services– Ex: Chief of Staff, lawyer,

speechwriters, etc– Viewed as loyal to president alone

– No Senate confirmation necesasary • Relied on for policy options, analysis, info,

& efforts, but Prez sets tone for WH

Chief of Staff Denis

McDonough

Independent Agencies • These operate outside departments in Cabinet.

• Why are they independent?– Function doesn’t fit with a dept.– Protect officials from political pressure.– More responsive to people (interest groups)– Peculiar/sensitive nature of functions….

• Examples:– Central Intelligence Agency, Environmental

Protection Agency, Farm Credit Administration

3 Different kinds of Independent Agencies

• Independent Executive Agencies– Most Independent Agencies– Single administrator over subunits, operate on a regional basis.

• Independent Regulatory Commissions– Created to regulate important aspects of the nation’s economy.– Need Senate confirmation.– Ex: SEC (Securities and Exchange commission), FEC (Federal

Election Comm.), FRB (Federal Reserve Board)

• Government Corporations– Within executive dept, under Pres’ control.– Need Senate confirmation.

Government Corporations• Provide services for a fee that could be

handled by the private sector and generally charge cheaper rates

• TVA, Postal Service, Amtrak, Public Broadcasting Corporation, FDIC

What role do bureaucrats play?

• Communicate with each other• Maintain paper for accountability• Interpret the law• Implement the objectives of the

organization

Bureaucracy as Implementors

• Implementation is the policymaking stage between the establishment of a policy and the consequences of the policy.

Implementation

• Includes three elements:– Creation of a new agency or assignment of

responsibility to an old one– Translation of policy into operational rules– Coordination of resources and personnel to

achieve the intended goals

Regulation through bureaucracy

• Regulation is the use of governmental authority to control or change some practice in the private sector.

• Agencies must apply and enforce rules and guidelines – Can be done either in court or by administrative

procedures which use either inspectors, complaints, or licensing to monitor behavior.

Regulation

• All regulation contains:– A grant of power from Congress

– A set of rules and guidelines

– Some means of enforcing compliance

Executive Control on the Bureaucracy

• President tries to control by:– Appointing the right people to head– Tinkering with agency budget– Issuing executive orders– Reorganizing an agency w/Congress

Congressional Control over the Bureaucracy

• Congress tries to control by:– Influencing the appointment of dept head

(Senate confirmation)– Tinkering with budget– Holding oversight hearings– Rewriting more detailed legislation– Establishing new agencies or departments