gov exec power Flashcards
constitutional qualifications of president
35 years of age, 14 years of residency, natural born U.S
impeachment
bring charges against
presidential succession
vice pres, speaker of the house, president pro tempore, secretary of state
25th amendment
presidential disability and succession
who can the president appoint?
ambassadors, public ministers and consuls, supreme court judges, officers of the U.S, president makes 3,500 appointments, senate confirms 1,125
article 2 and powers
article 2 outlines the executive branch, limits power of the president
- president is elected indirectly by the people through the electoral college
- selection of president goes to the HoR in case of no majority of electoral vote
- president must deliver state of the union address
- senate approves treaties and ambassadors
- senate approves department appointments
- senate “advice and consent” of federal judge appointments
presidential check on judiciary
president appoints judges (confirmed by senate)
presidents and the pardon
may grant reprieves, pardons, amnesty
grant reprieve
postpone of the execution of a sentence
grant pardon
legal forgiveness of a crime
grant amnesty
general pardon offered to a group of people
FDR and executive power
began the imperial presidency
EOP
mini bureaucracy created in 1939 to help president oversee executive branch bureaucracy, created by FDR to oversee his new deal programs, handpicked group by the pres, no confirmation by senate
whitehouse staff
answer to the president, not confirmed by senate
executive agreements
formal international agreements entered into by the president that do not require advice and consent of the senate, not binding to future presidents
OMB
office of management and budget, office that prepares the president’s annual budget proposal, reviews budget and programs of the executive department, supplies economic forecasts, conduct analyses of proposed bills and agency rules
“going public”
presidents try to reach out to the public to gain support for their programs
(bully pulpit- what pres roosavelt referred to to going public and meeting the American people as)
presidential executive powers
executing the law- carrying out nation’s laws, has some discretion in interpreting the laws and deciding how vigorously they’ll be enforced
ordinance power- bureaucracy of exec branch is under authority of president, issue executive orders ( directive rule that has the power of law)
appointing power- appoints officials, must be approved by senate through simple majority vote
removal power- can remove those who he appointed with consent of senate (not fed judges or mems of indep. regulatory agencies)
presidential diplomatic powers
make treaties- may negotiate treaties (formal agreements between 2+ sovereign states)
executive agreements- pacts between president and leaders of foreign countries, doesn’t require senate approval, not binding
power of recognition- recognize the legal existence of a country, powerful weapon because it can determine a new government’s future
presidential military powers
making undeclared war- often use military w/o formal declaration of war (korean and vietnam war), only congress can officially declare war
wartime powers- use military to keep peace, ww2 president could ration food, gas, control wages
war powers resolution- effort by congress to reign in power of president, within 48 hours after committing American troops to combat abroad the president must report to congress detailing circumstances, combat commitment must end within 60 days unless congress extends it, congress may bring an end to the combat commitment at any time by passing a concurrent resolution to that effect
presidential legislative powers
suggests annual budgets- state of the union address
recommend specific legislation- cant introduce legislation himself (the pres)
veto power- cant veto outright, pocket-veto, line-item veto, 2/3 vote in both chambers of congress to override veto
pocket veto-
legislative maneuver that allows the president with veto power to exercise that power over a bill by taking no action, which kills the bill without affirmatively vetoing it
line item veto
authority of chief executive to delete part of a bill passed by the legislative that involved taxing or spending
president disability
VP becomes acting president if
- president informs congress in writing that he is unable to discharge powers and duties of his office, can be temporary
- the VP with majority of members of cabinet informs congress, in writing, that president is incapacitated
VP is selected by president to ________
balance the ticket
what are the 2 formal duties of VP named in the constitution
- preside over senate (president of senate)
- help decide question of presidential disability
formal checks on presidential power by congress
-make laws
-override presidential vetos
- power to declare war
- power of the purse
- regulation of the land and naval forces
-oversight
congressional checks
impeachment power (House)- simple majority
impeachment trial (senate)- 2/3 vote
judicial checks on president
- judicial review (Marbury v Madison)
- chief justice presides over presidential impeachment trial (article 1)
12th amendment
choosing pres and vp on separate ballots
20th amendment
presidential and vp succesion (lameduck period)
22nd amendment
presidential term limits (2 terms; 10 years total)
limits on presidential power- informal checks
public opinion, media, partisan politics, congressional investigations, interest groups and NGOs (non gov organization)
the federal bureaucracy
4th brand of gov
hierarchial authority
job specialization/division of labor
formal rules/clear lines of authority
merit based
civil service
made up of people who work for the federal government throughout the country and around the world (4 million)
the beginning of civil service
washington hired qualified people, slightly favored members of his own party, remained the trend for presidents later on
the spoils system
-a reference to the practice of giving offices and other favors of government to political supporters and friends (patronage)
-1829 Andrew Jackson becomes president (father of spoils system)
- dismisses over 200 presidential appointees and nearly 2000 other office holders
civil service reform movement
1871- congress created civil service commission but congress failed to give commission enough money to do a proper job
1881- president james garfield is assassinated by deranged and disappointed office seeker (guiteau)
1883- the Pendleton act (civil service act of 1883) was passed, laid the foundation of today’s civil service, made merit the bases for hitting and promotion (civil service exam)
civil service laws today
the OPM (office of personnel and management) and the MSPB (merit systems and protection board have replaced the civil service commission
OPM serves as the central clearing house in federal recruiting, examining, and hiring process
the MSPC hears appeals from federal workers who have complaints about personnel actions (unions)
public perceptions of federal bureaucracy
impersonal, inclined to follow rigid/complex procedures, may stifle effectiveness and innovation, “red tape”
federal bureaucracy
4 million employees (3 million civil servants), president only appoints 3% through political appointment or patronage, 15 cabinet level departments, 200+ independent agencies with 2000+ bureaus, divisions, and branches
biggest groups in the federal bureaucracy
dept of defence (cabinet), US postal service (independent agency), and veterans administration (cabinet)
largest group in the federal bureaucracy in employee size
department of defence
largest group in the federal bureaucracy in money
health and human services
smallest group in the federal bureaucracy in money
education
functions of the federal bureaucracy
implementation- carry out of laws of congress, executive orders of president
administration- routine administrative work, provide services
regulation- issue rules and regulations that impact the public (ex, EPA sets clean air standards)
fed bureaucracy consists of ________
1) executive office of president (handpicked, no confirmation, right hand men)
2) cabinet departments
3) independent executive agencies
4) independent regulatory commissions
5) government corporations
fed ex is ________ a government corporation
NOT
ups is ________ a government corporation
NOT
are amtrack and post office governmental corporations?
YES
why do the president and congress share money?
to control departments
chief of staff
determines the amount of access one can get to the president
cabinet departments
15 cabinet departments headed by a secretary (except DoJ) appointed by president and approved by senate
each department is an “expert” in specific policy area
each department has its own budget
what is the newest cabinet department
Department of Homeland Security (2002) after 9/11
independent executive agencies
established by congress with separate status outside of executive branch (in the fed bureaucracy)
givena specific mandate and generally perform a service function, not a regulatory one
social security administration, CIA, NASA
independent regulatory commissions
exist to regulate a specific economic activity or interest
-federal communications commission: public air waves
- federal reserve board: banking system, money supply
operate independently from congress and president (appointed by pres, confirmed by congress)
once appointed and seated, members can’t be removed without cause
government corporations
government owned businesses created by congress
may or may not be profitable, but serve a public need
- US postal service, amtrack, Tennessee valley authority, corporation for public broadcasting
presidential supervises bureaucracy
1) appoint and remove agency heads
2) reorganize bureaucracy
3) issue executive orders
4) reduce agency’s budget
congress can:
1) create or abolish agencies and departments
2) cut or reduce funding
3) investigate agency activities
4) hold committee hearings
5) pass legislation that alters an agency’s function
6) influence or fail to confirm presidential appointments
federal courts can:
1) through judicial renew rule on whether the bureaucracy has acted within the law and constitution
2) provide due process for individuals affected by a bureaucratic action
fiscal policy
shared by the president and congress, focuses on taxing and spending (tools)
expansionary policy (fiscal)
increase government spending on jobs, defense, and infrastructure while reducing taxes
in the US (not out of the country)
help a recessed economy (“prime the pump”)
contractionary policy (fiscal)
decreased government spending (on jobs)
raise taxes
help an inflated economy
discourage spending and borrowing
monetary policy
controlled by federal reserve
tries to regulate the supply of money in the economy
expansionary policy (monetary)
lower the discount rate (interest rates)
lower the reserve requirements that banks are required to have on hand
fed gov purchases securities, it adds to money supply (purchasing and selling of bonds)
contractionary policy (monetary)
raise discount rate (interest rates)
raise the reserve requirements
fed sells securities, reduces money supply
what are the 3 most impeachable offenses in the constitution
treason, bribery, high crimes and misdemeanors
which chamber of congress has power to impeach
the HOUSE, needs a majority vote
which chamber holds the trial for removal
the SENATE, needs 2/3 majority vote
who presides over the chamber if the pres or vp is on trial
chief justice of SCOTUS
executive privilege
implied presidential power that allows the president to refuse to disclose info regarding confidential conversations or national security to congress or the judiciary
how does the president fill a vacancy of the vice president
pres appoints an individual, both houses of congress must approve in a majority vote
recess appointment
the president makes appointments while the senate is gone so they don’t have to confirm them
state of the union
a report to congress about what the president has done so far and where they’re planning to go
who has the power to make treaties
the president, needs 2/3 majority vote in senate to confirm (never confirmed treaty of versailles)
what vote is necessary to override a presidential veto
2/3 vote in both houses of congress
who declares war
congress
war powers resolution
passed by congress in 1973, requires authorization of congress to deploy troops overseas and limits time of their deployment
limits president’s authority to introduce American troops in hostile foreign lands without congressional judgment and carry it into effect
jefferson did the louisiana purchase, legal?
no, went against inherent powers
whic article expressly created the cabinet?
NONE! only implied in article 2, section 2
major function of the cabinet
help president execute laws and assist presidents as informal advisors while making public contributions to American society
NSC
national security council, advice president of american military affairs and foreign policy
council of economic advisors
important members of EOP, aides the president on different economic issues
what does the president set his national policy and priorities through
budget proposals
gridlock
occasions when the HoR and senate are controlled by different parties
executive order
official documents through which the President of the United States manages the operations of the Federal Government, does not need congressional approval
presidential pronouncements
used to point out what the pres sees as a positive on a negative aspect of a bill or other legislation
presidential signing statements
occasional written comments attached to a bill signed by president, controversial bc they represent a largely unchecked way to the pres to assert himself in the ongoing power struggle with congress
FTC
federal trade commission, work to prevent fraudulent business practices
FCC
federal communications commission, regulate interstate and international communications
hatch act
1939 act to prohibit civil servants from taking activist roles in partisan campaigns, prohibited federal employees from making a political contribution, working for a particular party, or campaigning for a particular candidate
GAO
government accountability office, “congressional watchdog”, do audits of federal agencies to make sure money is being spent correctly, oversight power
health and human services
cabinet department, largest in funding
SEC
securities and exchange commission, independent agency, enforce the law against market manipulation
EPA
environmental protection agency, independent agency
FEMA
federal emergency management agency, independent agency under the dep of homeland security
INS
immigration and naturalization service, regulate immigration to the U.S
FDA
food and drug administration,
