Presidential Power and the Bureaucracy

GOVT 2305

By now you should be familiar with the constitutional design of the US executive branch – as well as the Texas executive – and the various

issues associated with those powers.

In this section we trace the development of the executive

branch over American history. As we will see, the powers of the

executive have increased substantively, which was a concern the Anti-Federalists has about the

office.

Here are links to some of the papers which highlighted Anti-

Federalist concerns.

Blog Tags:

- executive power.- executive agencies.- imperial presidency.

- presidential persuasion.- regulatory agencies.

- regulations. - the bureaucracy.- agency capture.

- justice department. - EPA.

In this set of slides we will look at two aspects of this increase.

First: the increase in the sheer size of the executive branch. From

three original departments, we now have 15, in addition to

hundreds of bureaus, agencies and commission both inside and outside those departments.

Second: the increase in the advisory bodies available to the President to assist in managing

these organizations.

This increase has been controversial. Many argue that the increase has

taken the executive far beyond what was originally envisioned by the

framers of the Constitution.

But as we will see, these agencies were created over time –

piecemeal – by Congress in response to various events over

American history. Some argue that this expansion is a pragmatic

response to the actual problems that have occurred over American

history.

Question: Is there clear guidance in the Constitution about what the

full extent of executive power ought to be?

Constitutional Dispute:

Should the Presidency be active or passive?

Should the office lead or follow?

Does Presidential authority boil down to how one interprets Article 2?

Theodore Lowi (the author of the text I don’t make you buy) points out that two American Presidents had different opinions about this.

Theodore Roosevelt saw it as an active office and presidents ought

to drive events.

William Howard Taft saw it as passive office and presidents must

restrict themselves to whatever Congress could – constitutionally –

require them to do.

Theodore Roosevelt: “My view was that every executive officer, and above all every

executive officer in high position, was a steward of the people and bound actively and affirmatively to do all he could for the

people. . . . My view was that it was not only his right but his duty to do anything that the needs of the nation demanded unless such action was forbidden by the

Constitution or by the laws. . . .

. . . Under this interpretation of executive power I did and caused to be done many things not previously not done by the president and the

heads of the departments. I did not usurp power, but I did greatly broaden the use of

executive power. In other words, I acted for the public welfare, I acted for the common well-

being of all out people, whenever and in whatever manner was necessary, unless

prevented by direct constitutional or legislative prohibition.

In summary – if a power was not explicitly forbidden, it was allowed.

This was in-keeping with his general temperament.

He was a baaaaad man:

Ok, that really didn’t happen.

But this did:

These were the roughriders.

Here’s a list of things he did as president:

- Pushed a “progressive” agenda. - Used the authority granted in the Sherman Anti-Trust Act to break up monopolies, reversed laissez-faire policies.- Aggressively used military and diplomatic power, reversed isolationist policies.- Promoted the passage of the Pure Food and Drug Act, increased regulations.- Developed a strong relationship with the press, promoted the expansion of presidential power and visibility.- Expanded the National Park System. “. . . he designated 150 National Forests, the first 51 Federal Bird Reservations, 5 National Parks, the first 18 National Monuments, the first 4 National Game Preserves, and the first 21 Reclamation Projects.”

And here is a critical assessment of his presidency:

Theodore Roosevelt and the Modern Presidency

He was replaced by his Vice President – William Howard Taft – who had a polar opposite view of

the office.

William Howard Taft: “The true view of the executive function is, as I

conceive it, that the president can exercise no power which cannot be

fairly and reasonably traced to some specific grant of power of justly

implied and included within such express grant as proper and necessary

to its exercise. . .

Such specific grant must be either in the federal Constitution or in can act of

Congress passed in pursuance thereof. There is no undefined residuum of power which he can exercise because it seems to him to be in the public interest, and there

is nothing in the . . . Law of the United States, or in any other precedents, warranting such an inference. . .

His jurisdiction must be justified and vindicated by affirmative

constitutional or statutory provision or it does not exist.”

And yes, Taft is the president that (legend holds) got stuck in a

bathtub due to his size.

He never really said this:

But tubs did get bigger:

Roosevelt saw himself as a leader, Taft saw himself as an officer

responsible for carrying out the dictates of Congress and the

mandates within the Constitution.

Roosevelt did not like Taft’s passivity, so he ran against him in

1912 as a third party candidate and split the Republican vote,

which is how Woodrow Wilson became president.

Great trivia: Taft would later serve as Chief Justice of the Supreme Court. He is the only person to

occupy both positions.

The Taft Court.List of cases decided by the Taft Court.

Their dispute highlights ongoing questions about the role the

president is supposed to play in the constitutional system – leader

or follower – and what role the executive branch is supposed to

play in human affairs.

It also points out the degree to which the activity of the executive branch is often a function of the

personality of the person holding the office.

This is a theme we will discuss in the next set of slides.

Question:

Is this expansion the result of presidential aggression or a

legitimate response to the need of the republic as they presented

themselves?

Since the Presidency of Franklin Roosevelt, the executive branch has emerged as the dominant

branch of government.

Most Americans would probably argue that the executive branch is the primary branch of government because it seems to be where most

action takes place.

Presidents do more than simply oversee the implementation of the

law.

They tend to run for office promoting legislative agendas, not their expertise as administrators.

The Constitutional role of the office as Chief Executive, and little

more, seems to have been forgotten. Let’s look at three

reasons for this.

First, as noted before, Congress has expanded the powers of the executive branch by passing laws

over time granting it new functions as well as a degree of discretion in

how these laws should be implemented.

The executive branch, through rulemaking powers, has been able to claim some legislative powers, meaning, a degree of autonomy

from the legislative branch.

Click here for separate lecture notes which describe this expansion.

Rule making is a key component of bureaucratic power. It gives the

bureaucracy discretion in implementing laws depending on

how the law is written.

How much discretion should the executive branch have in implementing the law?

These powers give presidents the ability to respond quickly to

events, quicker than Congress.

Examples: a recession, or a crisis like the Gulf Oil Spill.

Second, modern media technology has allowed presidents to connect

directly to the American public and, if popular, mobilize them

behind their proposals.

This is especially useful for a department headed by a single person – it allows for

efficiency and speed in reacting to events.

The White House Staff contains a communications office (click here

for the director) which attempts to influence how the president is

seen by the general public.

Persuasion has been noted as a key component of presidential

strength.

This allows presidents to use the media to connect with the general

public and Congress to go along with their proposals.

A popular President, or at least one who is more popular than

Congress, or his opponents, can “go public.” This means that they

take a message public and use public opinion to persuade others

to go along.

This idea was developed by Richard Neustadt (see the

summary here). It requires a president to be mindful of his

approval ratings.

Gallup Presidential Approval Center.

The contemporary President has more tools to work with and a

greater ability to connect with the general population than did

previous presidents.

Third, by the dawn of the 20th Century the United States became

a force on the world stage.

The president’s unique powers over foreign affairs (diplomatic and

military) put the president in a position where he could exercise

leadership regularly.

The Two Presidencies Thesis

Presidents have two faces, one concerning domestic policy, the other concerning foreign policy.

The president shares power with Congress on domestic affairs, but

dominates on foreign affairs.

When foreign affairs are foremost in the public’s mind, the president

necessarily dominates.

Students of the presidency often claim that the power of the office

has gone through distinct eras. Let’s quickly look at these

Chief ClerkModern PresidencyImperial Presidency

Post Modern Presidency

The Chief Clerk1789 – 1933

The Executive Branch, institutionally, took a back seat to Congress and simply saw that the

laws were implemented. The scope and authority of the office was

small.

During this era, presidents tended to be undistinguished, with the

occasional activist who was able to use personality or the nature of

the times to expand power. These expansions tended to be

temporary.

Communications technology made it more likely that the electorate identifies with their member of

Congress, not the president.

The institutional nature of the office kept its powers limited, unless outside factors made it

more likely that strong leadership was necessary.

Most Presidents in this era were weak and ineffective, deliberately.

Some were not, for various reasons.

Washington – The FoundingJefferson – Manifest DestinyJackson – Democratization

Lincoln – Civil WarCleveland – Regulation

T Roosevelt – ProgressivismWilson – Foreign Affairs

A quick note: Washington and Lincoln are argued to be two of the

top three presidents (along with FDR). All served during times of

crisis. Successful crisis management is held to be a major

determinant of “great” presidencies.

The unique power of each of these presidents was due partly to their personalities, but also due to the

nature of the issues that dominated during their

presidencies. Little institutional chance happened to the office

however.

Some major institutions were created – including the Interstate Commerce

Commission (1887 – 1995), the Federal Bureau of Investigation (1908), the Federal

Reserve (1913) and the Food and Drug Administration (1906) – but there was no solid ongoing push to have the national government either regulate the private

sector of expand its police powers.

Towards the end of this era, the factors which contribute to

executive power had expanded considerably.

The institutional structure of the executive, and technological

improvements set the stage for a major increase in Presidential

power.

The Modern President1933 – current (?)

The President is in a position to dominate government by his

ability to use the news media to set government’s agenda and to

influence the bureaucracy.

This led to the establishment of the Institutional Presidency

As an institution – apart from the personality of the individual – became more expansive and

powerful. The functions of the presidency expanded.

The first modern president is generally argued to be Franklin

Roosevelt.

- On Roosevelt and His Legacy.

Roosevelt purposely developed strong relationships with the press since he understood that they could help him

pursue his agenda.

They also agreed not to show photographs of FDR in his wheelchair in order to

enhance the perception of his strength. Very few images exist of him in hos

wheelchair.

Instead we see photographs like this. There are few images of him

being lead to and from these spots.

Roosevelt entered the presidency in a time of economic crisis, which would spill over into military crisis

soon enough.

Crisis creates an opportunity for an expansion of power.

In his first inaugural address he said the following:

“I shall ask the Congress for the one remaining instrument to meet the crisis--broad Executive power

to wage a war against the emergency, as great as the power that would be given to me if we were in fact invaded by a foreign

foe.”

In his first 100 days in office, he requested that Congress pass numerous laws, and they did.

Collectively these are called the New Deal, which can be

considered as being a, relatively, permanent increase in the size and

functions of the national government.

A sample of the agencies created during the New Deal:

Securities and Exchange CommissionRural Electrification Administration

Tennessee Valley AuthorityThe Social Security Administration

Public Works AdministrationNational Recovery Administration

National Labor Relations BoardFederal Deposit Insurance Corporation

United States Housing Authority

Constitutional questions remained regarding New Deal programs. Some argued that there was no

justification for the new agencies and some were found

unconstitutional.

An Example

The National Industrial Recovery Act was found unconstitutional. The Supreme

Court ruled that Congress had inappropriately delegated its regulatory power without both a clear statement of policy and the establishment of a specific set of standards by which the President

was empowered to act.

Later court cases would broaden the meaning of certain parts of the Constitution to not only provide a basis for New Deal legislation, but

future legislation as well.

Fun Trivia:

The Texas director for the National Youth Administration

was Lyndon Johnson.

Johnson would learn from Roosevelt. The Great Society was,

in essence, a second New Deal.

A sample of the laws passed during the Great Society:

Civil Rights Act of 1964 Economic Opportunity Act of 1964

Voting Rights Act of 1965 Food Stamps

Head Start Higher Education Act of 1965

Elementary and Secondary Education Act Social Security Act of 1965 (Medicare and Medicaid)

National Endowment for the Arts National Endowment for the Humanities

As a result, the institutional basis of executive power was expanded

considerably.

This has led to backlash and attempts (as yet unsuccessful) to cut these programs

back. This helps us understand much of the political rhetoric in recent years. But again,

when constituencies develop for these programs, they become difficult to cut.

Other factors leading to increased presidential power:

Media TechnologyIncreased importance of Foreign

Affairs

Fireside Chats

Periodic, personalized radio addresses made by Roosevelt. For

the first time the president was able to connect directly to the

electorate and push his agenda.

Transcripts of the Chats.

Audio Files of the Chats.

One additional factor leading to increased power. The creation of

the Executive Office of the Presidency (EOP) and other

advisory positions.

The Office was suggested by the Brownlow Committee, and

established in the Reorganization Act of 1939.

Increased foreign involvement allowed the president to exert additional power in a policy area where he has constitutional

autonomy.

The position of Commander in Chief became paramount. After the end of

World War II and the onset of the Cold War, the ongoing threat of military conflict made the executive stronger in the eye of

the public than legislative power.

After the end of World War II, a major transformation would occur in the military as well. The Defense Department (1949) and the Central Intelligence Agency (1947) would

be created.

US military influence was expanded considerably.

The Department of Defense authorized a peacetime army and put the President in a position to use the military at his discretion

without needing to consult Congress to build a military.

Rather than declaring war, military actions is instead authorized by

acts of congress called: Authorizations for the Use of

Military Force (AUMF)

The United States has not fought in a declared war since the creation

of the Department of Defense.

As the position of the president increased in strength, questions

were raised whether the position was growing too strong, and too

autonomous.

Especially with regard to military power.

The Imperial President

A term used to describe the presidencies of Lyndon Johnson and Richard Nixon

when presidential power was suspected of becoming too powerful and potentially abusive. Both men were complex, and

often paranoid about holding onto power.

Two events during this time galvanized concerns about

presidential power: the Vietnam War and the Watergate scandal.

The War Powers Resolution was passed during this time as an effort to place limits on the ability of the president to use military powers at

his discretion.

After Nixon’s Presidency there were efforts to curtail presidential

power.

These came to fruition, for a brief period of time, after the end of the

Cold War.

The Post-Modern President11/10/89 – 9/11/01 (?)

This theory argues that the power of the president diminished for a variety of reasons.

The dates are controversial, but they start with the fall of the Berlin Wall and the attacks on 9/11. This spans a brief period of time when

foreign threats were minimal and the economy was expanding.

For a quick read from 1993: The First Postmodern Presidency. And

from 2003: The Post-Modern President. And 2008: Is Obama the

First Postmodern President?

There is little need for strong presidential leadership during times of peace and prosperity.

This was the opposite of what existed when FDR was elected in

1932 during the Great Depression and the emergence of communism

and fascism.

There was no longer a need for a strong foreign presence.

The role of strong commander in chief was reduced.

There were efforts to reduce the size of the national bureaucracy by

either privatizing functions, or devolving them down to the states

or local governments.

Devolution refers to attempts to send responsibility for federal

policies back to the states.

Privatization refers to efforts to allow the private sector to provide

goods and services previously provided by government.

Presidents elected during this period – and just before - has more experience at the state level than the national level. The

following presidents were governors prior to becoming president:

CarterReaganClintonW. Bush

The communications environment also changed considerably.

When FDR was able to use radios to connect with the general population, there

were few options other than radio for mass media. The president could dominate

communications, and it was one way.

This was also true for the early years of television. There were a

small number of networks through the late 1970s, so it was relatively easy for presidents to dominate

the airwaves. Presidential televised events were major movers of

public opinion.

Things changed as media technology improved and

presidential communications could be challenged by other.

Major events:

24 hour cable newsThe VCR

Hundreds of channelsThe Internet

Facebook, Twitter, etc….

Presidents are far less able now to set the national agenda since they

cannot control the bulk of the media.

Now the question is:

What is the state of presidential power?

Since 9/11, and since the financial collapse and the recent oil spill, is presidential power on a rebound?

As a result of each crisis, institutions were created in order to respond to the factors believed

to lead to those crises.

After 9/11, the Department of Homeland Security was established

as well as various laws which expanded presidential surveillance

and military powers.

Similar institutional changes followed the financial crash, as

well as any other crisis.

Now let’s come to terms with the expanded size of the executive

branch.

Recall that no executive departments are created in the

Constitution – though their potential existence is alluded to,

and certain functions (armies, navies, post offices, a treasury,

etc…) are mentioned.

The Fist Congress established the first three executive departments.

State Department (1789) Treasury Department (1789)Department of War (1789)

Since then, 12 more have been created.

Department of the Interior – 1849 Department of Justice – 1870

Department of Agriculture – 1889 Department of Commerce – 1903

Department of Labor – 1913 Department of Defense – 1947

Department of Health and Human Services – 1953 Department of Housing and Urban Development – 1965

Department of Transportation – 1966 Department of Energy – 1977

Department of Education – 1979 Department of Veterans Affairs – 1989

Department of Homeland Security – 2002

Within each of these departments exists a large number of smaller

agencies the perform more defined tasks. Others exist

independent of these departments.

More on this soon.

If you’d like to get an idea about how many agencies we’re talking

about, click here.

Note that the establishment of each department reflects an

expansion of national power into an area where often that power

did not previously exist.

They were all controversial at the time.

Also note that these departments were all created at some point by an act of Congress in response to some new event or crisis. By creating these

departments, Congress institutionalized a response to those

problems.

Its worth taking a slow walk through the events that led to each department’s existence.

When Congress creates a new agency it delegates power to it.

Instead of having to pass legislation, Congress authorizes the

new agencies to issue rules to carry out the agency’s function.

We will discuss the issues associated with rulemaking later.

Some links explaining rulemaking further:

- Regulations.gov.- Rulemaking – US Department of Labor.

- FCC: The Rulemaking Process.- rulemaking.wordpress.com.

- FAA: Rulemaking.- EPA: Rulemaking.

- SEC Regulatory Actions.

But doing by doing so Congress also granted a degree of

discretionary power to each institution. As we will discuss

below, these agencies have been granted rulemaking power, which

allows them to fine tune the legislation they are to implement.

This grants the bureaucracy – which is unelected – a degree of legislative power. Some find this power problematic because the

bureaucracy is not directly accountable to the electorate.

Others see it as a way to ensure that policies are implemented

professionally.

A further complicating factor is that each department and agency

has a constituency that get tangible benefits from that agency and will fight to ensure that once established they are preserved.

Our major local example is the Johnson Space Center which

pumps billions of dollars a year into the local economy.

What would happen to the local economy if it was suddenly

terminated? What would area groups do to prevent that?

Now consider for a moment that every agency in existence has a

similar group surrounding it that fights to preserve them.

This explains why it is so difficult cutting programs.

In addition, special interests often get involved in political campaign for the explicit purpose of being

able to influence who get placed in regulatory agencies.

If successful, a powerful interest can “capture” the agency that regulates it (agency capture), which the agency to then use

governmental power to solidify its position and regulate away

competition.

Some history

Tracing the growth of executive departments

I previously mentioned that the First Congress established three

major departments – these are still considered to be the most

important.

Department of State – 1789

Is responsible for international relations and oversees the

diplomatic agencies and foreign service.

Department of the Treasury – 1789

Manages government revenue and provides the basis for the nation’s

financial system. Is also responsible for currency and other

delegated commercial powers.

Department of War – 1789

Oversaw the management of armed conflict until the

establishment of the Department of Defense.

The position of Attorney General was also created to serve as the nation’s top attorney. Now the

Attorney General also heads the Justice Department, but that

department would not be created until the late 19th Century.

The heads of the first three departments, along with the

Attorney General, are considered the most important of the

executive positions and are sometimes referred to as the Inner

Cabinet.

More controversially, following the advice of Alexander Hamilton, a

national bank was chartered.

Hamilton called for an expansive reading of the constitution in order

to justify a national bank, infrastructure development and

the establishment of a solid line of credit in order to purchase bonds

at low rates.

The national bank was based on the necessary and proper clause.

Andrew Jackson would later challenge that position.

Hamilton made three key proposals:

First Report on Public CreditSecond Report on Public Credit

Report on Manufactures

Currently there are 15 Executive Departments.

13 were developed after State and Treasury. The Department of War, along with the Navy,

would be rolled into the Department of Defense.

Executive Departments are headed by a Secretary nominated by the President and confirmed by the

Senate to manage the department in accordance with the President’s

objectives

Second in command: Deputy Secretary who serves as Chief

Operating Officer

The secretary and deputy secretary are the first tier of the bureaucracy

Second Tier: Undersecretaries

Have management responsibilities for one or more of the agencies

within the department.

Third Tier: Agencies and Bureaus

There are sometimes called line agencies that deal directly with the public. They are

created by Congress and granted the power to implement the law. These are

the individual you and I are most likely to interact with.

Sample of Agencies within Homeland Security:

United States Citizenship and Immigration Services U.S. Customs and Border Protection

U.S. Immigration and Customs Enforcement Transportation Security Administration

United States Coast Guard Federal Emergency Management Agency

United States Secret Service

Examples of Bureaus

Federal Bureau of InvestigationThe Forest Service

Agricultural Research Service

The heads of the executive departments are called the

president’s cabinet, but they are generally not the closest advisors

to the president.

The Cabinet

The United States Cabinet (usually referred to as the President's Cabinet

or simplified as the Cabinet) is composed of the most senior

appointed officers of the executive branch of the federal government of

the United States.

Presidents are generally closest to members of the White House Staff.

Conflict between executive departments and the White House

Staff are common.

We will run through the executive departments created after

Washington’ first three

This provides a great way to understand the process by which

the national government has grown.

Post Office 1792 – 1971

Now organized as a government corporation, similar to AMTRAK.

An office of postmaster general existed throughout the colonial era. For many years Benjamin

Franklin held the office. It provided him an opportunity to help

distribute Good Richard’s Almanac.

Department of the Interior – 1849

Manages federal land and Indian Affairs

Department of Justice – 1870

Enforces the law and administers justice.

Department of Agriculture – 1889

Responsible for policies on farming and food. It also promotes trade in agriculture and meets the needs of farmers and ranchers. Responds to the needs of a particular clientele.

Department of Commerce – 1903

Its mission is to "promote job creation and improved living

standards for all Americans by creating an infrastructure that promotes economic growth,

technological competitiveness, and sustainable development."

Department of Labor – 1913

Administers a variety of Federal labor laws including those that guarantee

workers’ rights to safe working conditions; a minimum hourly wage

and overtime pay; freedom from employment discrimination and

unemployment insurance.

Department of Defense – 1947

Coordinates and supervises all agencies and functions of the

government relating directly to national security and the United

States armed forces.

Department of Health and Human Services – 1953

Protects the health of all Americans and provides essential human services. Runs Medicare

and Medicaid.

Department of Housing and Urban Development – 1965

Develops and executes policy on housing and cities.

Department of Transportation – 1966

Mission: To “serve the United States by ensuring a fast, safe, efficient, accessible

and convenient transportation system that meets our vital national interests and

enhances the quality of life of the American people, today and into the

future."

Department of Energy – 1977

Coordinates policies regarding energy, energy research, and

safety in handling nuclear material.

Department of Education – 1979

Formulates federal funding programs involving education and

to enforces federal educational laws regarding privacy and civil

rights.

Department of Veterans Affairs – 1989

Administers hundreds of Veterans Affairs medical facilities, clinics,

and benefits offices and veterans’ benefits programs.

Department of Homeland Security – 2002

Is responsible for protecting the territory of the U.S. from terrorist attacks and responding to natural

disasters.

Again, the heads of these departments are called the

president’s Cabinet and while it is assumed that they are the

president’s top advisors, this is not necessarily true.

The fact that they must be confirmed by the Senate means that the President can’t select

whoever he or she pleases.

Cabinet secretaries also are under considerable pressure from below

to allow lower level bureaus to implement laws as they see fit.

“Marrying the Natives”

Independent Agencies

Independent Agencies are unique organizations headed by a single administrator, usually with the

help of a commission.

They either implement something outside the jurisdiction of an existing agency or regulate a

segment of the economy – these are called independent regulatory

agencies.

Often these agencies were developed in response to a crisis or

event that led Congress to pass a law dealing with the crisis, and which created an institution to

implement the solution.

These are sometimes called the Fourth Branch of government

given their independent strength.

Examples:

Office of Personnel Management

Originally named the Civil Service Commission in 1883, created to

manage the civil service in the U.S.

The Interstate Commerce Commission.

The first regulatory agency, established in 1887 to regulate

railroads.

The Federal Reserve System – 1913

Oversees monetary policy in the United States, serves as the U.S.

Central Bank.

Federal Communications Commission – 1934

Regulates all non-federal government use of the radio spectrum, and all interstate

telecommunications as well as all international communications that

originate or terminate in the United States.

Securities and Exchange Commission – 1934

Protects investors who buy stocks and bonds.

Central Intelligence Agency – 1947

Collects information about foreign governments, corporations, and individuals, and to advise public

policymakers. The agency conducts covert operations and paramilitary

actions.

National Aeronautic and Space Administration – 1958

Runs the American space program.

Environmental Protection Agency – 1970

Controls and abates pollution in the air and water and deals with problems related to solid waste, pesticides, radiation, and toxic

substances.

Federal Election Commission – 1975

Regulates campaign finance legislation in the United States.

There are many more, click here for a list.

Problems:

Regulatory CaptureBureaucratic Drift

Agencies can sometimes be controlled by the interests they are

to regulate. Top contributors to presidential candidates are

sometimes allowed to determine who does and does not serve on a

regulatory board.

Is successful, the interest can pack a regulatory board with supporters

and the industry can effectively regulate itself.

Second: Over history, hundreds of bureaus and agencies have been

established within those departments.

Often these are created in response to a crisis that led to the passage of

legislation that created an institution to deal with that crisis.

Agencies that exist within one of the executive departments are called bureau level agencies.

Example #1: The Federal Bureau Of Investigation exists within the

Justice Department.

Here’s their organizational chart:

Agencies also exist outside the structure of executive

departments.

This is to provide them a degree of independence form the president.

There are three types:

Independent Agencies

These are agencies with powers over public services too expensive

or important to be left to the private sector.

Examples:

NASACIA

Government Sponsored Enterprises.

Similar to independent agencies, but structures like private companies.

Examples:

AmtrakU.S. Post Office

Fannie MaeFreddie MacSallie Mae

Independent Regulatory Commissions

Entities granted powers to make broad rules regulating some aspect

of the economy.

Examples:

FTCFCCSECEPA

Third: A three part advisory system for the President. These allow the

president the ability to manage the executive branch.

Note that the president does not rely on the advise and consent of the Senate as originally designed.

These are the three groups of advisers:

White House StaffExecutive Office of the President

The Cabinet

White House Staff

These people work directly for the president – meaning that they are

hired and fired by him - and are responsible for organizing his day

to day activities.

Executive Office of the President

Developed in the late 1930s to assist the president in setting the policies to be implemented by the

bureaucracy.

The Cabinet

Composed of the heads of the executive departments. Each department contains a large

number of smaller agencies. They do the actual implementing of law.

4 - With the creation of these agencies came a large federal

workforce that developed a degree of autonomy.

The Civil Service Commission

The growth may have confirmed the fears some had about the

creation of a singular presidency.

The Anti-Federalists were worried about the potential strength of the executive branch. There would be a gradual increase in power in the

office at the expense of state power.

They were right to be concerned. The executive branch has grown in size and strength over the course

of American history.

The Executive Office of the Presidency

Created in the late 1930’s in order to provide information and advice to the president and other upper

level executive officials about specific topics.

The Brownlow Commission

Current EOPCouncil of Economic Advisers

Council on Environmental Quality Domestic Policy Council

National Economic Council National Security Council Office of Administration

Office of Management and Budget Office of National Drug Control Policy

Office of Science and Technology Policy Office of the United States Trade Representative

President's Intelligence Advisory Board and Intelligence Oversight Board

White House Military Office

Within each office is a group of policy experts and analysts that

compile information about relevant subject matter, make

policy recommendations, and send them on to upper level

administrators, including the president, for action.

The EOP has allowed for additional use of presidential power since the

president has additional information to use to develop or

justify initiatives.

So has the White House Staff

The White House Staff

As the demands of the office have increased, the number of

individuals working directly for the president in the White House Staff

has grown as well.

Day to day advisors to the President.

Hired and fired directly by the president.

Job #1: Make the president look good.

Determinants of Strong Advisers

LoyaltyControl

Top position

Chief of Staff

Responsible for managing the President’s day and determining

who get to see the president.

Other positions:

Communications OfficeLegislative Relations

TravelSocial Secretary

Top domestic and foreign policy advisors tend to have been members of the President’s

campaign staff.

The White House Staff is where one is likely to find the people most loyal top the President,

rather than to the office, or any of the departments.

Even if the presidency has declined in importance in recent years, which is a debatable point, the

office is much stronger than it was initially

The Presidency

The increased size and scope of the executive branch has led to a

much stronger Presidency.

How in fact has the executive branch grown over time and factors explain that growth?

First, a few words on the Bureaucracy.

Executive DepartmentsIndependent Regulatory Agencies

Government Corporations

Executive Departments

The primary unit of the federal executive branch. Most other

agencies and bureaus are located within one of the 15 executive

departments.

These departments implement the laws passed by Congress. Within

each department is a large number of agencies and bureaus with smaller, more defined tasks.

There are also a variety of Independent Agencies which exist outside the executive departments

and either regulate specific activities, or implement laws not

carried out by executive departments.

The scope of the original executive branch under Washington was

relatively limited.

Three Executive Departments were established initially.

Study Guide

- Be able to describe the manner in which the US executive has expanded over time. - What departments were first created and which were added over time? - What different personnel heads the various departments and agencies?- What three different groups exist to provide advice to the president?- What is agency capture? What does it tell us about the factors that influence behavior in executive agencies?

- What different attitudes have presidents taken toward the role of the executive according to the Constitution? - What factors have led to the increase of presidential power over time?- Be familiar with the various “eras” of the presidency.- What is the modern presidency? Who was argued to be the first “modern” president? What factors augmented his power?- What is the bureaucracy?

- What is the current state of presidential power?- What factors make the bureaucracy powerful?