UNIT 5: PRESIDENCY AND BUREAUCRACY€¦ · BUREAUCRACY . The Presidents •Great Expectations...

UNIT 5: PRESIDENCY AND BUREAUCRACY

The Presidents

• Great Expectations

– Americans want a president who is powerful and who can do good like: (supposedly) Washington, Jefferson, Lincoln, Roosevelt, and Kennedy did.

– Yet Americans do not like a concentration of power because they are individualistic and skeptical of authority.

“It is a great advantage to a president, and a major source of safety to the country, for him to know that he is not a great man. When a man begins to feel that he is the only one who can lead in this Republic, he is guilty of treason to the spirit of our institutions.”

-Calvin Coolidge-

U.S. Constitution:

Article II Section 1

No person except a natural born citizen…shall be eligible to the Office of President; neither shall any person be eligible to that office who shall not have attained the Age of thirty five Years, and been fourteen Years a Resident within the United States.

THREE CONSTITUTIONAL REQUIREMENTS

• NATURAL BORN CITIZEN

• LIVED CONTINUOUSLY IN UNITED STATES FOR 14 YEARS

• 35 YEARS OLD

• Presidential amendments (22 and 25)

• What are the informal requirements?

Informal Qualifications For

President

• Military service

• Government experience

• Television presence – name recognition, photogenic and articulate

• College education

• Married with kids

• Money (inherited, by marriage, personal fortune)

• Religious faith

• Character

• A “story” – war hero, peanut farmer, actor, etc.

• So far, male

• Perceived as being in the political mainstream

JFK and his son John

in the Oval Office

Demographic Characteristics

of U. S. Presidents

• Male - 100%

• Caucasian - 98%

• Protestant - 97%

• British ancestry - 82%

• College education - 77%

• Politicians - 69%

• Lawyers - 62%

• Top 3% wealth & social class - At least 50%

• Elected from large states - 69%

Salary and Benefits

• $400,000 salary

• $50,000/year expense account. Spend as President chooses.

• $100,000/year travel expenses. Campaign, speeches…What do you think he would spend his money on?

• A nice house (White House)…i.e. Room and Board paid for. 132 rooms, 18.3 acres, fleet of automobiles.

• Secret Service protection (up to 10 years after leaving office)

• Country home (Camp David)

• Personal airplane (Air Force One). • Staff of 400-500 full-time employees

PRESIDENTIAL ORDER OF SUCCESSION

Presidential Quotations

President Harry S. Truman "I sit here all day trying

to persuade people to do

the things they ought to

have the sense to do

without my persuading

them. That's all the

powers of the President

amount to."

Truman, 33rd President, 1945-53

President John F. Kennedy

“No easy problem ever comes to the President of the United States. If they are easy to solve, somebody else has solved them.”

President Kennedy’s nationally televised

address during the Cuban Missile Crisis,

October, 1962

President Lyndon B. Johnson

“The presidency has made every man who occupied it, no matter how small, bigger than he was; and no matter how big, not big enough for its demands.”

President Johnson,

36th President, 1963-69

President Richard M. Nixon

"Under the doctrine of

the separation of

powers, the manner in

which the president

personally exercises his

assigned executive

powers is not subject to

questioning by another

branch of

government." In the aftermath of the Watergate scandal,

President Nixon departs the White House

after his resignation, Aug., 1974

President George W. Bush

“To those of you who

received honors, awards,

and distinctions, I say 'Well

done.' And to the C

students, I say 'You, too, can

be president of the United

States.'”

President George W. Bush,

speaking at Yale University's

300th commencement

ceremony

President Bush, 43rd President,

2001-2009

Quotes on the Vice Presidency

“the most insignificant office that ever the invention of man contrived or his imagination conceived” –John Adams-

“I do not choose to be buried until I am really dead.” –Daniel Webster (in rejecting the VP nomination in 1848)-

“the job is not worth a pitcher of warm spit” –John Nance Garner (VP for FDR)

CONSTITUTIONAL RESPONSIBILITIES • COMMANDER-IN-CHIEF • COMMISSION OFFICERS OF THE MILITARY • GRANT REPRIEVES AND PARDONS FOR FEDERAL OFFENSES • CONVENE SPECIAL SESSIONS OF CONGRESS • RECEIVE AMBASSADORS (GIVES FOREIGN POLICY POWER BY

IMPLICATION) • FAITHFULLY EXECUTE THE LAWS • HEAD EXECUTIVE BRANCH (”WIELD THE EXECUTIVE POWER”) • NEGOTIATE TREATIES (SHARED WITH SENATE) • STATE OF THE UNION ADDRESSES • MAKE APPOINTMENTS (SHARED WITH SENATE)

INFORMAL ROLES OF PRESIDENT - MORE IMPORTANT

CHIEF LAWMAKER PARTY LEADER

CRISIS MANAGER RECRUITER

MORALE BUILDER CHIEF DIPLOMAT

Informal Presidential Powers

Executive Orders:

Orders issued by the

President that carry the

force of law

Examples:

1.FDR’s internment of

Japanese-Americans

during World War II

2.Truman’s integration of

the military during the

Korean War

3.Clinton’s “Don’t Ask

Don’t Tell” policy of gays

in the military

4.GWB trying suspected

terrorists in military

tribunals

Executive Agreements:

International

agreements made by a

president that has the

force of treaty does not require

Senate approval

Usually trade

agreements between

US & other nations

Examples:

1.Jefferson’s purchase of

Louisiana from France in

1803

2.George H. W. Bush and

U.S.-Japanese trade

agreements re: the auto

industry

3.GWB ‘s announced cuts

in the US nuclear arsenal

without a treaty

Executive Privilege:

1.claim by presidents

that they have the

discretion to decide

that the national

interest will be better

served if certain

information is

withheld from the

public, including

courts and Congress

Examples: 1.Nixon’s refusal to turn over

the Watergate tapes. The

Supreme Court in U.S. v. Nixon, though it did not

strike down the practice of

executive privilege in general,

ruled that Nixon must turn

over the tapes

2.Clinton’s refusal to turn

over evidence re: an alleged

affair with Monica Lewinsky.

The Supreme Court ruled

against Clinton

Formal Checks on

Presidential Power

Congressional Checks on the

President

(Article I)

Make laws (ex: War Powers

Resolution) Override presidential vetoes Power to declare war Power of the purse (taxes and funding) Regulation of the land and naval

forces

Congressional Checks (cont.)

• Impeachment Power (House)

• Impeachment Trial (Senate)

President Clinton’s impeachment trial, January, 1999

Limits on Presidential Power

(Article II)

President elected indirectly by the people through the Electoral College

Selection of president (House) in case of

no majority of electoral vote President must deliver State of the

Union address Senate approves treaties and

ambassadors

Limits on Presidential Power

(Article II)

• Senate approves department appointments

• “Advice and consent” of federal judge appointments (Senate)

Secretary of State Condoleezza Rice testifies at her

Senate Foreign Relations Committee confirmation

hearing, January, 2005.

Nominee for Chief Justice, John Roberts is sworn in

at his Senate Judiciary committee confirmation

hearing, September, 2005.

Judicial Checks on the President

• Judicial review

(Marbury v. Madison)

• Chief Justice presides over presidential impeachment trial (Article I)

Judicial Checks on the President

• U.S. v. Nixon (1974)- Though the President is entitled to receive confidential advice, he can be required to reveal material related to a criminal prosecution

• Nixon v. Fitzgerald (1982) The President may not be sued while in office.

• Clinton v. Jones (1997) The President may be sued for actions taken before he become president.

Constitutional Amendments

12th – Choosing president & vice-

president on separate ballots

20th – Presidential succession

22nd – Presidential term limits (2 terms; 10

years total)

25th – Presidential disability and succession

Limits on Presidential

Power: Informal Checks

Public Opinion

In a televised address in March, 1968, President

Johnson announced he would not seek the

Democratic nomination for president due to

sagging public support for his administration and

the war in Vietnam.

Though he enjoyed record public support during the

Persian Gulf War, President George H. W. Bush saw

his numbers dip dramatically in the polls and he lost

his re-election bid to democrat Bill Clinton in 1992.

The Media

Partisan Politics

Howard Dean, Chairman of the Democratic

National Committee and vigorous critic of the

Bush administration, May, 2005

Speaker of the House Newt Gingrich (R) battles

President Bill Clinton (D) over the national

budget resulting in the shutdown of the federal

government in 1995

Congressional Investigations

Oliver North testifies before Congress at the

Iran-Contra hearings during the Reagan

administration (1987)

Senate Banking

Committee begins its

investigative hearings

on the Whitewater

scandal during the

Clinton

administration

(1994)

Former FEMA

director Michael

Brown testifies

before the House

Select Committee

on Hurricane

Katrina, Sept., 2002

Interest Groups

The National Organization of Women, Cindy

Sheehan, and others protest the war in Iraq, April,

2006

The National Right to Life Committee and other

pro-life interest groups spoke out against President

Clinton’s veto of the ban on partial birth abortion,

1996

Title: "Bill Clinton's Christmas present from the U.S. House."

Artist: John Pritchett

Date: unknown

Source:

http://www.pritchettcartoons.com/

gift.htm

Title: “The Madness of King George"

Artist: Drew Sheneman, The Newark Star Ledger Date: December, 2005

Source: http://www.cagle.com/news/DomesticSpying/1.asp

The Public President

The President and the Public

Power from the People:

The Public Presidency

• Going Public

– Public support is perhaps the greatest source of influence a president has.

– Presidential appearances are staged to get the public’s attention.

• Ex. Bush II “Mission Accomplished”

• “I regret ‘Mission Accomplished’”

– As head of state, presidents often perform many ceremonial functions, which usually result in favorable press coverage.

Power from the People:

The Public Presidency • Presidents try to transform popularity into congressional

support for their programs – The public may not be receptive to the president’s message or

misperceive it all together.

– Presidential coattails have had a declining effect for years

– The president may attempt to motivate the public to contact Congress.

• Example: Reagan

– A difficult task, given inattentive and apathetic public

– May backfire: a lack of response speaks loudly

• Popularity is affected by factors beyond anyone’s control – consider Bush’s approval ratings following the September 11th attacks

Remember: The success of the

President and Congress are often

linked. A President’s popularity is

often in direct proportion to his

legislative accomplishments.

Ex: Bill Clinton

Figure 13.3

Power from the People:

The Public Presidency • Presidential Approval

– Receives much effort by the White House

– Citizens tend to focus on the presidents efforts

and stand on issues rather than on personality

(“popularity”) or how the issues affect them

(“pocketbook”)

Power from the People:

The Public Presidency

Figure 14.2: Presidential

Popularity

Thomas E.Cronin, The State of the Presidency (Boston: Little, Brown, 1975), 110-111. Copyright © 1975 by Little, Brown and

Company, Inc. Reprinted by permission. Updated with Gallup poll data, 1976-2004. Reprinted by permission of the Gallup

Poll News Service.

Figure 14.2: Presidential

Popularity

Thomas E.Cronin, The State of the Presidency (Boston: Little, Brown, 1975), 110-111. Copyright © 1975 by Little, Brown and

Company, Inc. Reprinted by permission. Updated with Gallup poll data, 1976-2004. Reprinted by permission of the Gallup

Poll News Service.

Changes in popularity reflect the public’s evaluation

of how the President is handling policy areas like the

economy, war, and foreign policy

Increases are caused by…

• “rally events”- events

that are specific,

dramatic, and sharply

focused.

• Political

predispositions

• “honeymoon”

Declines are caused by…

• Decline in economy

• Unpopular stance on

complex issues

• Perception of lack of

strong leadership

The President and the Press

• Presidents and media are often adversaries due to different goals. – Media need stories; presidents want to convey their messages to

the public

• Many people in the White House deal with the media, but the press secretary is the main contact person. – Press conferences are best-known direct interaction of president

and media

• Media do not focus on substance of policies but on the “body watch.”

• News coverage of presidents has become more negative.

Understanding the American

Presidency • The Presidency and Democracy

– Concerns over the president having too much power often tied to policy concerns

– Others argue there are too many checks and balances on the president

• The Presidency and the Scope of Government

– Some presidents have increased the functions of government.

Why Presidential Power Has Grown

(The Imperial Presidency?) • Champions of stronger executive have almost always won out

partly because they have the unity of the presidency, which represents the entire executive branch. (2 houses of Congress with 535 members)

1. Complex social and economic life has caused people to demand federal government play a greater role (labor, civil rights, health, welfare, communication, education, and environment)

2. National Emergencies like war.

3. Congress. (Lack of time or technical knowledge to provide more than a basic outline for government action. President carries out details.)

4. Presidents use of the media to build support for policies.

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!

Running the Government:

The Chief Executive

• Article II-Executive Article

• “The executive Power shall be vested in a President of the United States of America”

Running the Government:

The Chief Executive

• As Chief Executive, the president presides over the administration of government.

– Today, federal bureaucracy spends $2.5 trillion a year and numbers more than 4 million employees.

– Presidents appoint 500 high-level positions and 2,500 lesser jobs.

• What are the three major components of

the executive branch that the President is

primarily responsible for?

1. Executive Office of the President

2. White House Staff

3. The Cabinet

Running the Government:

The Chief Executive • The Vice President

– Basically just “waits” for things to do

– Power has grown over time, as recent presidents have

given their VPs important jobs

1. The Cabinet

– Presidential advisors, not in Constitution.

– Made up of 14 cabinet secretaries and one Attorney

General, confirmed by the Senate.

– Where a secretary sits in meetings with the President

is determined by age of department one heads

Running the Government:

The Chief Executive

Figure 13.1

Running the Government:

The Chief Executive 2. The Executive Office

– Made up of policymaking and advisory bodies.

– Positions filled by Presidential appointment and MUST be confirmed by senate.

– Offices NOT located in White House.

– Three principle groups: NSC, CEA, OMB*

Running the Government:

The Chief Executive • The Executive Office (cont.)

– National Security Council (NSC) • Created in 1947 to coordinate the president’s foreign and

military policy advisers

• Members include the president, vice president, secretary of state and defense, and managed by the president’s national security adviser

– Council of Economic Advisers (CEA) • A three-member body appointed by the president to advise on

economic policy

– Office of Management and Budget (OMB) • Performs both managerial and budgetary functions, including

legislative review and budgetary assessments of proposals

Running the Government:

The Chief Executive 3. The White House Staff

– Chief aides and staff for the president working in the West Wing— some are more for the White House than the president

– Presidents rely on their information and effort but presidents set tone and style of White House

– Remember: Proximity=Power!

– Inside Obama’s West Wing

• http://www.whitehousemuseum.org/ww1.

htm

Running the Government:

The Chief Executive

The Centralized Presidency

The Cabinet

Independent Agencies Executive Office of

the President

The White House

Oval Office Pictures

Pictures from the Oval Office

Clinton’s Oval Office

http://www.whitehousemuseum.org/west

-wing/oval-office-history.htm

Who Gets Appointed?

• Cabinet officers usually have not served with the President. They usually come from private businesses, universities, “think tanks”, foundations, law firms, labor unions, and former members of Congress.

• More recently, they are appointed based on expertise rather than political following. – Ex. Lincoln’s cabinet vs. Nixon’s

• Most people who are appointed are those who alternate between jobs in the federal government and the private sector. – Unlike Parliament

Presidents and Congress:

Partners and Protagonists

Presidential Leadership of Congress: The

Politics of Shared Powers

• Chief Legislator

– Key Terms:

1. Veto

2. Pocket Veto

3. Line Item Veto

– Vetoes, or threats of vetoes, are most used to

prevent legislation.

Presidential Leadership of Congress:

The Politics of Shared Powers

Chief Legislator

• In trying to influence legislation, the President is usually more successful than congressional leaders in using the media to set the policy agenda.

Why? (review)? • A president may persuade reluctant members of Congress to vote for a

particular bill by making a direct appeal to the public through the mass media or threatening to veto legislation.*

• He also can assign legislative liaisons in the Executive Office of the President to: 1. lobby legislators

2. exploiting a partisan majority for the President’s party in both the House and Senate

3. reminding legislators of high popularity ratings for the President in public opinion polls.

President’s Formal Powers Over

Domestic Affairs

• Legislative powers (veto, pocket veto,

signing legislation)

• State of the Union address

• Appointment powers (to a domestic offices).

Examples?

• Calling Congress into session

• Commander-in-chief role

Presidential Leadership of Congress:

The Politics of Shared Powers

• Legislative Skills

– Bargaining: concessions for votes, occurs

infrequently

– Being strategic, presidents increase chances for

success by exploiting “honeymoon” at beginning of

term

– Presidents may set priorities to influence Congress’

agenda; president is nation’s key agenda builder

– A president’s popularity is closely associated with his

legislative record.

– Skills must compete with other factors that may

affect Congress; they are not at the core of

presidential leadership of Congress

Figure 14.3: Presidential Victories

on Votes in Congress, 1953-2002

“Divided Government”

• We live in an era of “divided government”, which means that one party controls the Congress while another controls the White House.

– Americans think that divided government produces partisan bickering, political paralysis, and “policy gridlock”.

1. Frustration with the government process – The 1960’s and 70’s

2. Heightened partisan atmosphere.

3. Confirmation process has been slowed, stopped, or circumvented.

4. “Bowling Alone”

“White House Office (Pyramidal or

Circular)

• Additional Management Style:

Ad Hoc Structure- utilizes task forces,

committees, and informal groups of friends

and advisors to deal with President

• Kennedy, Clinton (at first)

Foreign Policy and War

Powers of Congress in War

Making:

– Passing laws

– Appropriations (any

mention of “funding”)

– Confirmation of nominees

– Impeachment

– Treaty ratification

– Congressional oversight

(hearings or investigations).

Powers of the President in

War Making:

• Commander-in-chief,

power to commit troops

• Appointment of

ambassadors and foreign

policy officials

• Negotiate/make treaties

• Recognition of nations

• Receive ambassadors and

other public ministers.

Foreign Policy and War

• Informal Powers of the President in Conducting Foreign Policy: – Executive Agreements

– Access to media/bully pulpit/morale building

– Agenda setting

– Meet with world leaders

– Crisis manager

– International coalition building

– President has access to more information, knowledge, or expertise than does Congress

– Recognized as global leader

Who has the advantage (President or Congress)? Why?

Foreign Policy and War

• The President has advantages over Congress

in the area of foreign policy because:

– Persuade Congress: negotiate, offer support,

threats, etc.

– Persuade public: (various means of persuasion)

on foreign policy process/issues (e.g, apply

pressure to Congress)

– Ability to circumvent the formal process

Congress: Regaining Control

War Powers Act of 1973

• It was designed to assure congressional involvement in decisions committing military forces in hostile situations overseas.

• Provisions 1. The President must notify Congress within 48 hours of sending

troops into combat.

2. President must consult with Congress whenever feasible

3. Conflicts are limited to 60 days unless Congress takes action

4. Congress can extend time from the initial 60 days or can withdraw troops after 60 days with adequate notification to the President.

Congress: Regaining Control

• Another way that Congress moved to regain powers previously lost to the executive branch is the Budget Reform Act of 1974 (often called the Budget and Impoundment Control Act.)

– Presidents historically have refused to spend money appropriated by Congress and the Constitution is silent on whether the President must spend the money Congress appropriates.

• Requirements: 1. President must spend all appropriated funds unless he tells

Congress what funds he wishes to spend and Congress agrees to delete the items (within 45 days)

2. The President may delay spending by informing Congress but they can refuse by passing a resolution to release the money.

3. Courts have upheld this ruling.

The Federal Bureaucracy

Introduction

• Classic conception of bureaucracy (Max

Weber)—a hierarchical authority structure

that use task specialization, operates on the

merit principle, and behaves with

impersonality

• Bureaucracies govern modern states.

The Bureaucrats

• Some Bureaucratic Myths/Controversies and

Realities

– Americans dislike bureaucrats.

• Americans are generally satisfied with bureaucrats.

– Bureaucracies are growing bigger each year.

• Not in the federal bureaucracy.

– Most federal bureaucrats work in Washington, D.C.

• Only about 12 percent do.

– Bureaucracies are ineffective, inefficient, and always

mired in red tape.

• No more so than private businesses.

The Bureaucrats

Figure 15.2

The Bureaucrats

• Who They Are – Most demographically representative part of government

– Diversity of jobs mirrors the private sector

The Bureaucrats

• How They Got There

– Civil Service: From Patronage to Protection

• Patronage: job given for political reasons

• Civil Service: system of hiring and promotion based

on merit and nonpartisanship, created by the

Pendleton Civil Service Act (1883)

– Merit Principle: entrance exams and promotion ratings to

find people with talent and skill

– Hatch Act: prohibited government employees from active

participation in partisan politics (liberalized by Federal

Employees Political Activities Act 1993)

The Bureaucrats

• How They Got There

– Civil Service: From Patronage to Protection

• Office of Personnel Management: the federal office in charge of

most of the government’s hiring

• Senior Executive Service: an elite cadre of about 9,000 federal

government managers established by the Civil Service Reform

Act of 1978; mostly career officials

How Bureaucracies Are

Organized

• The Cabinet Departments (15)

– Fourteen Cabinet departments are headed by a secretary

– Department of Justice headed by Attorney General

– Each has its own budget, staff, and policy areas

– Status as a cabinet department can be controversial

• Republicans have tried to disband Departments of Education, Energy, and Commerce

• The President has difficulty controlling cabinet-level agencies for the following reasons:

– Agencies often has political support from interest groups

– Agency staff often have information and technical expertise that the President and his/her advisers lack

– Civil servants who remain in the administration through changes of administration develop loyalty to their agencies

– Congress is a competitor for influence over the bureaucracy.

• The usefulness to the President of having cabinet members as political advisers is undermined by the fact that the loyalties of cabinet members are often divided between loyalty to the President and loyalty to their own executive departments.

How Bureaucracies Are Organized

How Bureaucracies Are Organized

How Bureaucracies Are

Organized

• The Independent Regulatory Agencies

– Independent Regulatory Agency: responsible for

some sector of the economy making rules and

judging disputes to protect the public interest

• Federal Communications Commission (FCC)

• Federal Trade Commission (FTC)

• Securities and Exchange Commission (SEC)

How Bureaucracies Are

Organized

• The Independent Regulatory Agencies

– Headed by a commission of 5-10 people

– Rule making is an important function watched

by interest groups and citizens alike

– Concern over “capture” of the agencies

• Agencies act on behalf of the industry they are

supposed to regulate, not the public interest

How Bureaucracies Are

Organized

• The Government Corporations

– Business-like–provide services like private

companies and typically charge for them

• Postal Service and Amtrak

• Independent Executive Agencies

– The agencies that don’t fit in anywhere else

• General Services Administration (GSA)

• NASA

Bureaucracies as Implementers

• What Implementation Means

– Translating the goals and objectives of a policy into an operating, ongoing program

– Implementation includes: • Creating and assigning an agency the policy

• Translating policy into rules, regulations and forms

• Coordinating resources to achieve the goals

– Stage of policymaking that takes place between establishment and consequences of a policy

Bureaucracies as Implementers

• Why the Best-Laid Plans Sometimes Flunk the Implementation Test

– Program Design

– Lack of Clarity • Congressional laws are ambiguous and imprecise.

• Sometimes the laws conflict with each other.

– Lack of Resources • Agencies may be big, but may not have staff to carry

out policy goals.

Bureaucracies as Implementers

• Why the Best-Laid Plans Sometimes Flunk the Implementation Test

– Lack of Resources (continued) • Many different types of resources are needed:

personnel, training, supplies, and equipment

• May also lack the authority to act

– Administrative Routine • Standard Operating Procedures (SOPs) bring

uniformity to complex organizations.

• It is often difficult to change the routines.

Bureaucracies as Implementers

• Why the Best-Laid Plans Sometimes

Flunk the Implementation Test

– Fragmentation

• Some policies are spread among several agencies.

• Some agencies have different rules for the same

policy.

• Ex: Border security

Bureaucracies as Implementers

Bureaucracies as Implementers

• A Case Study: The Voting Rights Act of

1965

– Generally considered a success

– Had a clear, concise goal

– The implementation was clear

– Those carrying out the law had obvious

authority and vigor to do so.

Bureaucracies as Regulators

• Regulation in the Economy and in Everyday Life

– Regulation: use of governmental authority to control or change some practice in the private sector

Bureaucracies as Regulators

• Regulation: How It Grew, How It Works

– All regulation contains these elements:

• A grant of power and set of directions from Congress

• A set of rules and guidelines by the regulatory agency

itself

• Some means of enforcing compliance with

congressional goals and agency regulations

Bureaucracies as Regulators

• Regulation: How It Grew, How It Works

– Command-and-Control Policy: The

government tells business how to reach certain

goals, checks the progress, and punishes

offenders.

– Incentive System: market-like strategies used to

manage public policy

– Some agencies are proactive; some are reactive.

Bureaucracies as Regulators

• Toward Deregulation

– Deregulation: the lifting of restrictions on

business, industry, and professional activities

– Regulatory problems:

• Raises prices

• Hurts U.S.’s competitive position abroad

• Does not always work well

– But some argue regulation is needed

Understanding Bureaucracies

• Bureaucracy and Democracy – Presidents Try to Control the Bureaucracy

• Appoint the right people

• Issue executive orders

– Carry force of law and are used to implement policies

• Alter an agency’s budget

• Reorganize an agency

– Creation of Department of Homeland Security

– An advantage that bureaucrats in federal government have over the President in the policymaking process is that bureaucrats usually have a continuity of service in the executive branch that the President lacks.

Understanding Bureaucracies

• Bureaucracy and Democracy

– Congress Tries to Control the Bureaucracy

• Influence appointment of agency heads

– Senate confirms presidential nominees

• Hold oversight hearings

• Rewrite legislation or make it more detailed

• *Authorization of spending.* (appropriations)

• Congress gives the bureaucracy discretion in

executing federal law:

– Congress lacks expertise/agencies have

expertise.

– Congress does not want to be blamed for bad

policy.

– Time-consuming

– Easier to come to agreement

– More efficient

Understanding Bureaucracies

• Bureaucracy and Democracy

– Iron Triangles and Issue Networks

• Iron Triangles: a mutually dependent relationship

between bureaucratic agencies, interest groups, and

congressional committees or subcommittees

• Exist independently of each other

• They are tough, but not impossible, to get rid of

• Some argue they are being replaced by wider issue networks that focus on more than one policy.

Figure 15.5

Understanding Bureaucracies )

EXECUTIVE BRANCH

• Executive Branch organization

– White House Office (not confirmed by Senate)

• Pyramid

• Circular

• Ad hoc

– Executive Office of President

– Cabinet

– Independent agencies and commissions

CONGRESS

• Intro

• The job

• Vs. Parliament

• Getting elected (we have discussed this)

• Senate vs the House

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

War Powers Act?

• http://www.nytimes.com/2011/05/13/world/africa/13powers.html?_r=2

• http://www.washingtonpost.com/opinions/death-of-the-war-powers-act/2011/05/17/AF3Jh35G_story.html?hpid=z5

http://thehill.com/homenews/administration/162323-lawmakers-quiet-on-war-powers-authority-in-libya-

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 IMPOUND MENT 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 SECURITYADVISOR) 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)

Terms Most Likely To Be On the AP Exam

• Political party • Plurality election • Single-member district • Party era • Critical election • Party realignment • Divided government • Interest group • PAC • Free riders • Power-elite theory • Pluralist theory • Hyperpluralist theory • Mass media • Linkage institutions • Horse-race journalism • Closed primary • frontloading