Congress, The Presidency, The Bureaucracy, The Judiciary: Part II

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Objective To review the executive branch and the

bureaucracy.

Where do you fall?

Checks and Balances

What do you know about the executive branch?

The Presidency

Evolution of the Presidency

President’s Term of Office Traditional 2 term limit until

Roosevelt 22nd Amendment, 1951

Jefferson and Jackson increased role and power of President Acts and vetoes

Re-emergence of Congress After Jackson left office,

Congress re-exerted itself Lincoln the exception

Continuing pattern until FDR and the New Deal Teddy and Wilson the exception

Current changing view of President as initiator of policy

What do you know about the electoral college?

Electoral College

What are some of the “hats” that the president must wear?

The Powers of the President

Commander in Chief Head of the armed

forces Commission officers of

the armed forces Chief Jurist

Grant reprieves and pardons for federal offenses

Appoints federal judges Chief Legislator

Convene congress in special sessions

Proposes legislation Vetoes legislation

The Powers of the President, cont.

Chief Diplomat Appoints ambassadors Sets overall foreign policy Negotiates treaties and executive agreements Grants diplomatic recognition to foreign

governments Chief Executive

Enforces laws (loosely interpreted), treaties, court decisions

Appoints officials to office Issues executive orders – which have the force of

laws Chief of State

Ceremonial head of nation Most nations separate chief of state and chief

executive

The Powers of the President, cont.

Non-Constitutional Roles Head of political party Chief Economist

Greatest source of Greatest source of presidential power presidential power is in public opinionis in public opinion From WWII to today,

Presidential power has grown due to public expectations Cold War, Terrorism

The Office of the President

Qualifications Natural-born citizen 35 years of age Resident of the US for at least 14 years

Growth of staff/responsibility First secretary in 1857 White House staff, ~ 500 Staff can isolate president

Appointments to cabinet, courts, agencies, etc.

Executive Office of the President

Office of Management and Budget (OMB) Assemble and analyze figures for the national

budget Studies organization and operations of the

executive branch Reviews federal programs

National Security Council (NSC) Coordinates foreign/military policy Growing in importance

Council of Economic Advisers (CEA) Three person advisory group

Office of Personal Management (OPM) Office of the US Trade Representative Central Intelligence Agency (CIA)

The Power to Persuade

The Three Audiences Washington DC

Fellow politicians and leaders

Party Activists Activists in and

outside of Washington The Public

Fewer and fewer impromptu remarks

More dependent on prepared addresses

The Power to Say NO Veto

Pocket Veto Executive Privilege

Constitution is silent on matter

President claims right Separation of Powers: one

branch can’t look into affairs of other

Statecraft and prudent administration

First real challenge came in 1973 with Watergate

Impoundment of Funds Refusal to spend money

appropriated by Congress Congress responded with

Budget Reform Act, 1974 Money must be spent

Impeachment Definition: the process of accusing any government official for misconduct before a proper tribunal

ONLY HOUSE OF REPRESENTATIVES

The Process of Impeachment

Speaker of the HouseRules CommitteeJudiciary Committee

Judiciary Committee holds meetings and makes final decision on whether or not to impeach

House of Reps vote, 51% needed to impeach

Trial is held; senate convicts w/ two-thirds vote (chief justice convicts if president is tried)

Cases

Andrew Johnson: impeached by house, not removed from office (senate vote didn’t pass) Went against Tenure of Office

Act by removing Edwin Stanton Bill Clinton: impeached by house,

not removed from office (senate vote didn’t pass) Affair with secretary

Richard Nixon: never impeached, resigned the night prior to House vote on impeachment Sent burglars inside

Democratic National Committee offices to re-election

QuestionWhich of the following is responsible for the preparation of executive spending proposals submitted to Congress?(A) Treasury Departments(B) Council of Economic Advisors(C) Federal Trade Commission(D) Department of Commerce(E) Office of Management and Budget

AnswerWhich of the following is responsible for the preparation of executive spending proposals submitted to Congress?(A) Treasury Departments(B) Council of Economic Advisors(C) Federal Trade Commission(D) Department of Commerce(E) Office of Management and Budget

QuestionAll of the following are formal or informal sources of presidential power EXCEPT

(A) presidential authority to raise revenue(B) presidential access to the media(C) precedents set during previous administrations(D) public support(E) the Constitution

AnswerAll of the following are formal or informal sources of presidential power EXCEPT

(A) presidential authority to raise revenue(B) presidential access to the media(C) precedents set during previous administrations(D) public support(E) the Constitution

QuestionThe President’s veto power is accurately described by which of the following statements?

I. A President sometimes threatens to veto a bill that is under discussion in order to influence congressional decision-makingII. A President typically vetoes about a third of the bills passed through Congress III. Congress is usually unable to override a President’s veto

(A.) I only (B.) III only(C.) I and III only(D.) II and III only(E.) I, II, and III

Answer The President’s veto power is accurately described by which of the following statements?

I. A President sometimes threatens to veto a bill that is under discussion in order to influence congressional decision-makingII. A President typically vetoes about a third of the bills passed through Congress III. Congress is usually unable to override a President’s veto

(A.) I only (B.) III only(C.) I and III only(D.) II and III only(E.) I, II, and III

QuestionThe amount of access cabinet secretaries have to the president is most likely to be controlled by the

(A) vice president(B) president’s chief of staff(C) national security advisor(D) chair of the Federal Reserve Board (E) president’s press secretary

Answer The amount of access cabinet

secretaries have to the president is most likely to be controlled by the

(A) vice president(B) president’s chief of staff(C) national security advisor(D) chair of the Federal Reserve Board (E) president’s press secretary

2004 FRQ Foreign Policy - Executive power versus

Congressional power

a) describe two formal presidential foreign policy powers

b) describe two formal legislative foreign policy powers

c) explain 2 informal executive powers in conducting foreign policy that provide president with advantage over Congressional authority

d) explain how each answer in “c” provides president with advantage over Congress

Brain Break

The Bureaucracy Agencies Departments Commissions All within executive branch

Distinctiveness of the American Bureaucracy

Political authority over the bureaucracy is shared among several institutions Congress and the President Divisions within the Congress

Most agencies share their functions with state and local government

Institutions and American way of life have contributed to growth of personal actions, thus the growth of bureaucracy to deal with them

What is this cartoon saying?

Growth of the Bureaucracy

Gradual, historic growth of agencies First agency – Department of State Initially filled through the spoils system Debate over how people appointed, taken out of offices Small start for organizations and agencies Currently over 3 million employees in bureaucracy

Appointment of officials Appointments as rewards Changing qualifications with quick growth Civil service reforms

Growth of the Bureaucracy

A Service Role Agencies changed from

regulation to service Government economic

regulation initiated in 1887 Congress increases regulatory

commissions to regulate economy

Wars generally increased bureaucracy without cutting it after war

Change in Role Bureaucracy affected by New

Deal and WWII Government had active role in

the economy New actions by the Supreme

Court

The Federal Bureaucracy Today

Hidden Statistics People who work indirectly for the government

Federal contractors, consultants Higher level bureaucrats typically white males Lower level: women, minorities

skew demographics of bureaucracies toward minorities? Reality is in increased numbers and increased

power Paying subsidies to groups and organizations Transferring money from fed to state and local State now required to hire more employees for state

based bureaucracies Devising and enforcing regulations for sectors of

society and economy Behavior of officials

Manner in which they are recruited and rewarded Personal attributes Nature of jobs Constraints of outside forces (superiors, legislators,

interest groups, journalists)

How do Iron Triangles Work?

Agencies Allies

Iron Triangle Relationship among an

agency, a committee and an interest group

Department would act in order to get political support and budget appropriations, committee members act in order to get votes

Client politics Agencies have allies in

Congress and the private sector

Bureaucratic Power

Discretionary authority

Passing rules and regulations Quasi-legislative

power Helping

Congress draft legislation

Providing advice to White House

Settling disputes

What is Congressional Oversight? Examples?

Congressional Oversight

Agencies can only exist with Congressional approval

No money can be spent without being authorized by Congress

Annual Appropriation of Money Appropriations Committee and

legislative committees Power over an agencies

budget Continual power struggles

Trust Funds Annual authorization Congress tries to keep

funding down Committee clearance

QuestionThe term “iron triangle” refers to the interrelationship of the

(A) president, Congress, and the Supreme Court(B) electorate, Congress, and political action committees(C) local, state, and federal governments(D) State Department, the Pentagon, and the National Security Council(E) federal bureaucracy, congressional committees, and lobbyists

AnswerThe term “iron triangle” refers to the interrelationship of the

(A) president, Congress, and the Supreme Court(B) electorate, Congress, and political action committees(C) local, state, and federal governments(D) State Department, the Pentagon, and the National Security Council(E) federal bureaucracy, congressional committees, and lobbyists

QuestionAn advantage that bureaucrats in federal government have over the President in the policymaking process is that bureaucrats

(A) control the budget process(B) have an independence from the President that is guaranteed by the Constitution(C) find it easier to marshall public support than does the President(D) usually have a continuity of service in the executive branch that the President lacks(E) have better access to the media than does the President

AnswerAn advantage that bureaucrats in federal government have over the President in the policymaking process is that bureaucrats

(A) control the budget process(B) have an independence from the President that is guaranteed by the Constitution(C) find it easier to marshall public support than does the President(D) usually have a continuity of service in the executive branch that the President lacks(E) have better access to the media than does the President

QuestionOne of the formal tools used by Congress for oversight of the bureaucracy is (A) the line-item veto(B) authorization of spending(C) impoundment bills(D) private bills(E) senatorial courtesy

AnswerOne of the formal tools used by Congress for oversight of the bureaucracy is (A) the line-item veto(B) authorization of spending(C) impoundment bills(D) private bills(E) senatorial courtesy

1999 FRQ-How would you answer this?

Is Congress effective in exercising legislative oversight of the federal bureaucracy? Support your answer by doing ONE of the following.

Explain two specific methods Congress uses to exercise effective oversight of the federal bureaucracy.

OR Give two specific

explanations for the failure of Congress to exercise effective oversight of the federal bureaucracy.

Where do you fall now?

Questions