Executive BranchUnit 4, Part II: Executive Branch
35-45%
Evolution of the Presidency
Role of Executive Branch• enforces the law• biggest branch: bureaucracy,
military
Concerns of the Framers• feared monarchy but also feared
anarchy• principal concern was to balance
legislative and executive branches• feared president’s military powers
and possibility of corruption• Hamilton = stronger president• Jefferson = weaker president
Evolution of the Presidency
Washington – John Q. Adams (1789–1828)
• Congress set policy (president went with it)
• few vetoes, only for constitutional not personal/ideological reasons
• leaders were men of stature in the community (disinterested)
Jackson (1828–1836)• strong, independent president• vigorous use of vetoes, none
overridden
Evolution of the Presidency
Van Buren – Hoover (1836–1932)
• congressional domination• sectionalism, very divided
public opinion• presidents chosen to
enforce policies set by Congress
• few strong Presidents• Lincoln – emergency powers
and war powers during the Civil War
• T. Roosevelt and Wilson – progressive reform
Evolution of the Presidency
FDR – today (1932–the present)• Congress still focal point of public
policy• President heads bureaucracy that
enforces congressional policies• President has a vision/agenda for
America with a fancy name• New Deal, New Frontier, Great Society
• limitations on President’s program• public and congressional reactions• unexpected crisis (9/11 attack,
Hurricane Katrina)• most resources are already committed
(time and money)Is the president a
trustee or a delegate?
The Presidency
Qualification1. 35 years old2. natural-born citizen3. 14 years residency
Unofficial Qualifications• tall• married• religious (protestant)• educated• military-experience• pet-owner
The Presidency
Benefits• presidential pay is set by
Congress ($400,000)• expenses, healthcare,
pension• secret service protection• White House, Camp David• Air Force One
The Presidency
Term of Office• 4 years picked as
compromise – not too long or too short
• Washington established two-term tradition
The Presidency
22nd Amendment• set two term limit• If VP serves more than half of a
term it counts towards the limit• critics say this is undemocratic • proponents say it reduces
corruption
20th Amendment• inauguration date moved up to
Jan 20th• shortens lame-duck period
The Presidency
Presidential Duties• failure in one area potentially means
failure as president• chief of state• chief executive• chief administrator• chief legislator• chief diplomat• commander in chief• chief citizen• party chief
• in general, Democrats stronger in domestic policy and Republicans in foreign policy
The Presidency
Presidential Greatness• FDR dealt with Great
Depression and WWII• George Bush major foreign
policy victories overshadowed by economy
• LBJ led major social reform which was overshadowed by Vietnam
Read my lips!!
The Presidency
White House Office• President’s close advisors led
by the chief of staff• Presidents structure their
office in three main ways 1. pyramid structure –
subordinates, report through a clear chain of command
2. circular structure – several assistants report to the president
3. ad hoc structure – several subordinates, cabinet officers, and the committees report to the president
The Presidency
Executive Office of the President (EOP), 1939
• the agencies that report directly to the president
• Office of Management and Budget (OMB) assembles the budget• reviews legislative
proposal for agencies• essential part of the
budget process
Agencies in the EOPWhite House OfficeNational Security CouncilOffice of Management and BudgetOffice of National Drug Control PolicyCouncil of Economic Advisors
The Presidency
Presidential Influence• presidents try to transform
popularity into congressional support for their programs
• popular presidents claim “mandates” after elections
• popularity is always highest after election but declines by midterm elections
• ‘coattail effect’ has dropped off in recent years
The Vice President
The Vice Presidency• only 14 VPs have
become president, 8 from death of president• Tyler, Fillmore,
Johnson, Arthur, Roosevelt, Coolidge, Truman, LBJ
• vice presidency has been vacant 19 times
• gets paid the same as the speaker (but gets a VP Mansion)
"I'll tell you, Lyndon, the vice presidency isn't worth a pitcher of warm spit.“—John Nance Garner
The Vice President
Vice Presidential Duties1. presides over the Senate –
President pro-tempore2. succeeds president3. decides if President is too
disabled to function as president
4. unofficial duties • “balances the ticket” • #1 supporter of the
president• does the stuff the president
doesn’t want to do
The Vice President
Firing the Vice President• the VP cannot be fired,
only impeached• therefore president
hesitates to trust him or give him responsibility
The Vice President
25th Amendment• procedure for VP
becoming president• allows VP to fill in for
disabled president• illness decided on by
president, VP and cabinet, or 2/3 vote in congress• new VP confirmed by
Senate - Ford
The Vice President
Presidential Succession Act, 1947• set order for succession
• Vice President• Speaker of the House• president pro-tempore• Sec. of State• Sec. of Treasury• Sec. of Defense• Attorney General
• other cabinet positions in order of their creation
• has been talk of moving homeland security up the line ahead of agriculture, education, etc.
Powers of the Presidency
Increased Authority• presidential authority has increased
for three reasons1. precedents set by strong presidents
- Jackson2. technological advancement – rail
roads, airplanes, internet3. emergencies – Great Depression,
civil war, 9/11• the public expects leadership from the
presidency• Congress has greatly expanded the
president’s powers since the 1930s
Powers of the Presidency
unilateral powers• powers the president
uses without congressional approval
executive order• has force of law w/o
invoking congress• E.O. #9066, ordered
internment of Japanese-Americans
• legislative veto declared unconstitutional in 1983
Powers of the Presidency
executive agreement• has force of treaty w/o
involving congress• ex. agreeing to send aid
after a disaster, SALT II
recognition• establishes diplomatic
ties with a nation• ending diplomatic ties is
usually a precursor to war
Powers of the Presidency
Legislative Powers• executive agencies suggest
legislation and then enforced it • president has final veto power
State of the Union Address• President addresses a joint session
of Congress to report over the last year and to promote his agenda
• one member of the cabinet is absent
• the opposing party makes a response after the speech
Bully Pulpit• President uses access to the media
and the public to support his policies
Powers of the Presidency
Judicial Powers• appoints judges to federal courts
pardon• forgives a person for federal crimes• it can’t be checked by other branches• president does not have to explain
why
reprieve/commutation• postpones punishment
amnesty• forgives many people for the same
crime• Carter granted amnesty to Vietnam
draft dodgers
Powers of the Presidency
Executive Privilege• right of President to keep
secrets from the public• justification – separation of
powers, need to be candid
United States v. Nixon, 1973• Nixon claimed need to keep
bombing of Cambodia secret• Supreme Court said that
there was no absolute claim to executive privilege
• Nixon turned over Watergate tapes and then resigned
Short History of Bureaucracy in America
1861–1901: laissez faire• patronage (spoils system)
encouraged party loyalty and turnover
• states’ rights made national policy difficult
• the Civil War created demand for more federal oversight
• industrialization required more regulation of interstate commerce
• corruption within the system was evident
Short History of Bureaucracy in America
1920s-1960s: government activism
• with income tax, came more bureaucracy
• huge increase in the number of government employees
• public supported more social programs and a larger military
Short History of Bureaucracy in America
1970s-present• modest increase in number of government
employees• more social programs and a larger military
• more government contracts with private businesses
• more discretionary authority• the ability to choose courses of action and to
make policies not set out in the statutory law• subsidies• grant-in-aid programs to state and local groups• creating and enforcing regulations
The Cabinet
The Cabinet• meant to divide the
workload of the executive branch
• heads must be approved by the Senate
• paid $200,000/year• first cabinet had four
offices • State Department• Treasury Department• Department of War• Department of Justice
The Cabinet
Criticisms of the Cabinet• not mentioned in the
constitution but use executive power
• secretaries aren’t entirely loyal to the president
• act as advocates for their own departments and interests
• serve as scapegoats for public criticism
State 1789
Treasury 1789
Defense 1947
Justice 1789
Interior 1849
Agriculture 1889
Commerce 1903
Labor 1913
Health & Human Services 1953
Housing & Urban Development 1965
Transportation 1967
Energy 1977
Education 1979
Veterans' Affairs 1989
Homeland Security 2002
The Bureaucracy
“Fourth Branch of Government”• seventeen million people
work for the executive branch• directly = 3 million• indirectly = 14 million
• make the day to day operation of the government possible
• creates continuity across presidencies but also creates a government culture
• interpretation of the law influences its effectiveness
The Bureaucracy
Social Class, Education, Ideology• appointees match ideology of
the president• rank and file represent society
• somewhat more liberal/conservative
• activist agencies more liberal – EPA, FDA, FTC
• traditional agencies more conservative – commerce, Treasury, Agric
• much stronger opinions about role of government
• much more likely to vote
The Bureaucracy
Unique Aspects of American Bureaucracy1. political oversight is shared by the
executive and legislative branches
• Presidential Oversight• appoints leaders who must be approved
by the Senate• agencies are part of the executive branch
• Congressional Oversight• creates and authorizes agencies• appropriates money for programs • congressional investigation into officials
and practices
2. fragmented government: federal agencies have to work with states and local government
3. adversarial political culture increases scrutiny
The Bureaucracy
Executive Agencies• nearly 150 organizations lack
cabinet status but work for the president
• heads can be removed only “for cause” and serve a fixed term
• may “retire” from public work and then work for the groups that they previously regulated• rivalries exist between agency heads
and white house staff• provisional v. political appointees• President knows few appointees
personally• however, most have previous federal
experience
The Bureaucracy
Independent Executive Agencies• lack cabinet-level status• quasi–legislative
• fill in gaps and writing rules• quasi-judicial powers
• rule enforcement and punish violators
• EPA• NASA• Social Security Administration• Federal Election Commission• Office of Personnel Management
The Bureaucracy
Regulatory Commissions• largely beyond
presidential or political control
• governed by board of 5-7 appointed by the president
• created to act in behalf of Congress
• some question whether they are indirectly controlled by the interest groups they are meant to regulate
Federal Reserve System 1913
Federal Trade Commission 1914
Securities and Exchange Commission
1934
Federal Communications Commission
1934
National Labor Relations Board 1935
Federal Maritime Commission 1936
Consumer Product Safety Commission
1972
Nuclear Regulatory Commission 1974
Commodity Futures Trading Commission
1974
Federal Energy Regulatory Commission
1977
The Bureaucracy
Government Corporations• operate as businesses• stock is owned by the
government• FDIC• Postal Service• TVA• Amtrak
Criticisms of the Bureaucracy
1. Red Tape• complex, conflicting rules
that slowdown completion of a project
• FAFSA forms or building permits
2. Conflict• agencies work against each
other (EPA v. navy)
3. Duplication• two or more agencies seem
to do the same thing • Intelligence gathering
before 9/11
Criticisms of the Bureaucracy
4. Imperialism• tendency of agencies to
grow in size and influence • iron triangle effect – the
stronger the agency gets the stronger the committee gets that oversees it
5. Waste• spending more money
than is necessary to buy a product or service
Reforming the Bureaucracy
Pendleton Act, 1883• changed jobs from
patronage to merit • merit protects bureaucrats
from removal• Grover Cleveland
replaced 40,000 Republican postal workers
Reforming the Bureaucracy
• priority given to plans that stress presidential control• efficiency, accountability,
consistency
National Performance Review (NPR), 1993
• designed to reinvent government
1. less centralized management2. more employee initiatives3. fewer detailed rules
Reforming the Bureaucracy
Why reform is difficult1. divided government muddies
the waters• president tries to increase political
control• Congress uses investigations,
appropriations, and laws
2. iron triangle makes it so many like it the way it is
3. too many competing forces• special interest groups,
subcommittees
Recruitment and Retention
Competitive Service• jobs based on written exam
given by the OPM• only about 54% hired this way• down from 86% in 1952
1. one test can’t meet needs of all the agencies
2. professional needs outweigh test scores
3. pressure to diversify their personnel
Recruitment and Retention
Excepted Service• don’t take exams
• presidential appointments – ambassadors, judges, cabinet officers
• Schedule C jobs: confidential or policy-determining
• about 3% appointed on grounds other than merit• George W. Bush appointed
over 4 times JFK (451 people)
• appointed by agencies (usually nonpartisan)
Recruitment and Retention
Name-Request (buddy system)• job description tailored to fit
the person• shortens search for personnel
but makes close-knit groups
Recruitment and Retention
Firing a Bureaucrat• almost impossible,
informal discipline much easier than firing
• makes workers more powerful than their bosses
• 0.1% of Federal workers get fired
Recruitment and Retention
Civil Rights Reform Act, 1978• created the senior
Executive Service (SES)• in between appointees and
rank and file workers• better pay but easier for
president to fire bureaucrats
Constraints on Government
• hiring, firing, pay, and protocols set by law not market
Administrative Procedure Act, 1946• new policies must be preceded by
hearing
Freedom of Information Act, 1966• all government records are open to
public scrutiny• exceptions include military/trade
secrets
Constraints on Government
National Environmental Policy Act, 1969
• environmental impact statements required by law
Privacy Act, 1974• government files with private
information are confidential• i.e., social security info, tax
records
Open Meeting Law, 1976• all government meetings must
be open to the public