Gov. Notes for Final Flashcards
The Constitution of Coahuila y Tejas
This 1827 constituion was established while Texas was under the rule of the United States of Mexico. The newly formed government of Mexico combined the once independent province of Tejas with that of Coahuila. The government of Coahuila y Tejas featured a legislature of fourteen deputies, of which only three were from Tejas. THe Mexican government stimulated the growth of Tejas by encouraging immigration into tit through a process of land grants
Constitution of the Republic of Texas
The population grew more Anglo, this led to more tension and led to the Texas Revolution of 1836. On March 16, 1836, fourteen days after they met to declare their independence from Mexico, the revolutionaries drew up the cCOnstitution of the Republic of Texas. They based the constituion’s structure on the U.S. Constitution of 1787. When Texas gained its indpenedence from Mexico it became the constituion of the new nation
The Statehood Consitution of 1845
often referred to as the best constituion ever written, the statehood Constituion of 1845 was necessary for Texas to join the union. It was a rather lengthy document reflective of the growing democratic movement throughout the coountry. It included an elected overnor and lieutenant governor with two-year terms. The bicameral legislature included two-years terms for members of the House of Representiatives and four-year terms for members of the senate
Confederate State Constitution of 1861
As a southern slave holding state, Texas joined the Confederate States of America. In march 1861 conventioneers drew up the Confederate Consittuion of 1861. This constituion included stron support for states’ rights, including secession and a staunch defense of slevary
The presidential Reconstruction Constitution of 1866
Texas, along with the defeated Confederacy, was forced to reapply to the USA and then ammended the constituion of 1845 against secession and slavery, and then increased all terms of elected oficals to four years. Congress never approved this constituion before the new government began to oparate
the congressional Reconstruction Constitution of 1869
Radical Republican congress rejected the Constituion of 1866 and dismissed the elected state government, subjected then to military rule. The republicans then disenfranchised all who oppose and had the supporting republican party ratify the new COnstitution of 1869 creating a strong central state government with a powerful governor with ample powers of appointement, appealed to the Radical Republicans. With its acceptance, Texas rejoined the USA
Government of Texas under the Reconstruction
resultant disenfranchisement of those who led the stte into the Confederacy “radically” improved the Repuvlican’s chances for governing. In 1870 Repulican EJ Davis. Davis and his legislative allies facored an activist government aht supported increased social spending and massive tax increases. Scholars believe that Texans benefitted from these programs yet resented a governemnt that violated a conservative philosophy based uopn limited government. In 1872 the democrats captured the lagislature and, in 1874, in a massively disputed election, won the governorship, as richard Coke defeated Davis
Present day Consitution: The CONsitution of 1876
With the election of 1874 the Democrats moved to reacquire the government. In 1875 a bipatisan group that had a strog democratic majority met in Austin to draft a new constituion. The Austin Convention, a cross section of Texans, but with a strong rural bent, headed by the National Grange, the first strongly united agricutlural organization, wrote a reactionary constitution that mirrored the principles of the 1845 Constution. THe term of the governor returned to a two-year limit, and he lost the extensive power of appointment gratned to the office by the constition of 1869. Voters wer allowed to elect the executive leadership and bring back the plural executive. Legislative terms also returned to two-year limits, and legislature sessions returned to biennial sessions instead of annual sessions, just as in 1845. In 1876 the newly drafted constituion went before the people for their ratificiation. They approved the COnstituion by a ration of two to one. THe vicotry was overwhelming in the rural areas. However, the few urban areas did not support the document
Consitution of 1876
vely long and wordy. It is the fourth largest state constituion and has nearly 90,000 wrods. This reflects an effort to restrict b ig government through detailed constraints that reflect the Jefforsonian ideal of limited government through dtailed constraints that refelct the Jefforsonian ideal of limited government often associated with, htough not exclusively, conservative traditionalist thorught. For our puprposes, the most significant Articles are those found in the beginning of this constituion.
Article One of Texas Constitution
Article One contains the Texas Bill of Rights. Texans show their commitment to individual liberty by placing their Bill of Rights in this first article. Very long, emphatic and specific, with 29 sections
Article Two
Contains a discussion of the appropriate use of the speration of powers and checks and balance. I norder not to have any of these branches become too powerful, it specifies the importance of these two doctrines.
Article Three
Legislative Article. It includes the requirements for being in the legislature, and for the legislative process. There are numerous restrictions on the legislature. In fact, it includes more negative than positive rules about the functions of the legislature
Articlee Four
Axecutive Article, Explains the functions of members of the plural executive. These leaders of the executive are all popularly elected heads of different depatments of governemnt
Article Five
Judicial Article. Containsthe organizational structure of the state judiciary. It describes the stratified fucntions of the state court system and explains the complex jurisdictions of this sturcutre. Jurisdictions is the limits within which particular courts can hear cases
Article Six
Suffrage article. It contains the rules and regulations of the elctions process. Remember that we find the basic control of this process in the Tenth Amendment of the U.S. cCOnstitution as a reserved power, gratned to the states. The U.S. Congress and the Supreme Court have limited stakes in this practice, expecially in relation to acts of raical, ethinic, cultural and sex discrimination
Legislature
The new constitution had a biennial session. Biennial session meets every other year. In approving a constitutional amendment the voters limited the sessions to 140 days. The upper house is senate, lower house is the House of Representatives. There are thrity-one members in the senate and 150 in the House. IN theory the legislature is to be the true citien’s branch so tehir slareis reflect this notions. THeir tipend is 7,200 per year. Most states are organized along political party lines, but not in texas. The prime officers, Speaker of the House (Elected by the house) and Lieutenant Governor (Elected by the voters), organize the hierarchy of the committees and appoints most committee members, organizgizes the calancdar among memebrs ofth at committee (The Lieutentnat Governor is non restricted)
The Texas Executive: The Governore
Texas has a plural executive. Governore is part of this plural executive, and it is higly limited, its most extensive power is the appointment power. He/She appoints the secretary of state and the members of regulatory boards. The Governore cannot seek removal of those regulatory board appointments. The governore draws up a budget, but so does the legislature, whose budgetary powers are greater. As he Commander -in-chief the Governore has military power over the Texas Naitonal Guard, and may hire and dismiss the actual military commander. If the situtiaon warrants, the Governor may use his emergency powers to declare martial law during periods of weather related catastrophes and civil insurrection and acts of mercy, such as pardons, amnesty and commutations as recommended by the Board of Pardons and Parole. Additionally he or she has legislative powers. These include calling special sessions of the legislature and the power to veto legislation. THe veto power increases the power of the governor; thee include a post adjournment and line item veto. Governore vetos legislation automatically after twenty days after the legislature adjourns, and is allowed to veto sections of the budget rather than rejecting it in its entirety
Attorney General
Chief lawyer of Texas. He or she acts to resolve constitutional questions, state laws regarding antiturust, environmental and consumer portoections laws
Comptroller of Public Accounts
The Comptrollers is the chief tax collector and banker for the state. He or she is resonsible for auditing businesses and collecteing all statewide taxes such as the sales tax
Commissioner of Agriculture
Chief administator of farm policies for the state. He or she makes recommendations concerning the use of herbicides and pesticides, as well as soil conservation practices
Commissioner of the Land Office
chief administrator for public lands. He or she manages 20,000,000 acres of public land
Secretary of State
The only unelcted member of the plural executive. The governore with senatroail approval appoints him or her. The Secretary of State serves as the chief election officer of the state and is also the primary records keeper
Texas Judiciary
Structure of the courts for Texasa includes: (from the lowest to the highest) the local courts, county courts, district courts, intermediate courts and the courts of last resort
Local Courts
Municipal Courts, otherwise known as traffic courts due to the fact that most cases concern alleged traffic violations, are limited to cirimanl jurisdiction, only class C misdemeanors. Municipal Court Judges acquire their ofices by appointment of the legislature of the municiplaity. THe Justice of the Peace COurts act as the initial court for those criminal cases outside the municiplaties and/or within the county. They have an additional criminal jurisdictional function of being magistrates that issue search warrants and writs of hebeas sorpus. hey also have civil jurisdiction over cases that do not exceed $5,000.
The County Courts
Constitutional County Courts served the dual role of being legislative as well as judicial. Evne today there are counties with very small populations in which this practice continues. Today in nonrurual ocunties these couts have legislative and executive functions, but no longer act in judicial capacity. A county Judge elected to a four-year term heads this court. The members of the court are not required to have any formal quilifications. As the population of the counties of the state grew, the county courts could not bear the burden of double duty. To compensate, the legislature initiated a reform establishing new courts known as County Courts-At-Law. THese courts have both civil and criminal jurisdiction. They have original jurisdiction of class A and B misdemanors, and they have civil jurisdiction in cases not exeeding $100,000. They also deal with matters of probate, guardianship and commitment to mental institutions. The judges in these courts are elected to four-year terms and must be lawyers
District Courts
District Courts are the beasic trial courts for criminal and civil cases in Texas. They have both criminal and civil jurisdictions. Concerning their criminal jurisdictions, the courts have original jursidtiction over felony cases, which include cases involving the death penalty. Regarding civil jurisdiction, the district courts deal with cases concerninig matters aboce $5,000. They are also invoved in resolving land title disputes and in divorce matters. The boundaries of these courts may both divide a county and exceed the county’s borders. THe term for a district court judge is four years, and the eligibility requires a minimym of twety-five years of age and four years of judicial practice
Courts of Last Resort
There are two Courts of Last Resort, which results in Texas being one of two states that has two functioning supreme courts. These courts are the Court of Criminal Appeals and the Supreme Court. The court of Criminal Appeals has final appellate jursidiction over criminal cases reviewed from the Courts of Appeals and over capital convictions from the District Courts. The Supreme Court has final appellate Jursidiction over civil cases reviewed from the Courts of Appeal. Each court has nine judges. THe constitutional requriements are the same as for the Courts of Appeal
Intermediate Courts of Appeal
Courts of Criminal Appeal have appellate jurisdiction over criminal and civil cases originating in the county or district courts. There are fourteen courts of appeal with three judges on each court. Their terms are six years. The judge must be at least thrity-five years old and either a lawyer or a judge of acourt of records for ten years.
The fundamental differneces between the Texas and the U.S. Constitutions
The supremacy constituion; it is the supreme law of the land. It is the embodiment of constitutional law. The Texas Constitution is a statutory constittuion and embodies both constitutional and statutory laws. The U.S. constituiton is very flexible and prone to be changed through the inromal processes of custom, time, and usage. THe Texas COnstituion is very restrictive. Amendments must be passed if the state government wishes to do anythying not specifically mentioned in the CONstituion. THe result is over 400 amendments to the Texas Constitution and only 27 amnedments to the U.S. Constitution
U.S. Congress
This is the legislative branch of government composed of two houses, the Senate and the House of Representatives. Article one of the U.S. Constituion sets forht its structure and functions
The Senate
This is the upper house of Congress. Each state sends two senators to the federal government, and they represent it in Congress
House of Representatives
This is the lower house of Congress. Each state sends a certain number of representatives to CONgress. The state’s population is the basis of the representation
Requirements for being int eh Senate
To be eligible for the senate, a person must be thirty years of age, have been a U.S. citizen for nine years and be an inhabitant of the state that he or she will represent
requirements for being in the House of Representatives
To be eligible for the House of Representatives, a person must be twenty-five years of age, have been a citizen of the U.S. for seven eyars and be an inhavitant of the state that he or she will repersent
comparison between the senate and the House
House is much larger than the Senate. It has 435 members, and the Senate has only one hundred. The term of office for House members is two years. The Senate term is six years. The functions of the House are reather restricited, but the Senate has much more flexibility. We will note this comparison when we compare the legislative process inboth houses. The Senate with its smaller membership receives more publicity and a greater degree of prestige than the House
Speaker of the House
Speaker is the most powerful member of the House. His powers come about because his office is combination of a constituionally mandated position and a political power bastion. In essence, he or she leads the majority party representatives through each session’s legislative process. The Speaker’s powers include developoing a calender, or ganizing comitees, submitting bills to the commitees and recognizing members to speak. The authority of the Speaker varies throughout hisotry, with certain SPeakers dominating the agenda with a substantial use of their power
The House Majoriy Leader
The House Majority Leader works with the Speaker in moivng the majority agenda. He or she works to generate support for the position ofp arty leaders, acts as a spkesperson for the aprty’s legislative programs, helps shepherd the party’s legisltation through the lawmaking process and assists in scheduling florr actions and the flow of debate
House Minority Leader
Is the leader of the minority party in the house and is responsible for marshalling supportfor the minoiryt party’s agenda. He/She tries as best as possible to convert a necessary number of the majority to the concerns of the minority party, with the hope of approving minority sponsored legislation
House Majority and Minority Whips
These are assistant party leaders in the House whose jobs include ensuring that party membes are present for floor votes and are informed and prepared to vote as the party prefers
President of the Senate
President of the Senate is the Vice Presdient of the U.S.. His/Her role in the Senate is the constitutional officer of the senate. This position is largely ceremonial. One of its imoprtant but rarely used functions is to vote in case ties
Presidnet pro tempore
This senator replaces the vice presidnet in the role of the president of the senate when the Vice President is absent. The English language application of his or her language title is to be in the place of the President (Of the senate) This senator has the longest length of service of the members of the majority party. He/ she often delegates task to more junior senators who need the exposure
Majority Leader
Leader of the majority party in the Senate. Unlike the majority leader in the House, he or she is the prome legislator for the aprty and sets the agenda. However, this is in closer consulation with the minority than in the House. In fact, when possible, Senate leaders set the agenda by unanimous consent. Given the Present partisan divide this rather cozy relationshiop had been strained
The Minority Leader
The minority leader is the leader of the minority party in the senate and is responsible for marshalling support for the party’s agenda. He/She tries to convice the majority to support issues endorsed by the minority party. The relationship between the majority and the minority leaer is less formal than in the House
Majority and Minority Whips
These are assistant party leaders in the Senate whose jobs are similar to their House counteroparts. However, the Senate with its smaller and more cohesive membserships often makes their whip jobs much easier than they are in the House
Committee Structure
Congress primarily accomplishes its work in committees. Political scietists refer to committees as little legislatures. Their purpose is to study bills (proposed legislation) and to make recommendations concerning their future to the entire membership of their respective chamger. THere are twenty standing or permanent committees in both the Senate and the HOuse
Standing Committees
The Standing committees are the regular permanent committees in Congress. Some of them are quite permanent, having life spans of over 150 years. Among the most noted committees included: in the House, Wyas and Means and Appropriation, and in the Senate, Judiciary and FOreing Relations
Subcommittees
Committees are involved in the critical phase of revising, accepting, or rejecting proposed legislation. In many cases subcommittees have become the burial ground for legislation deemed either inappropriate to the needs of the country or too controversial for consdieration
Select Committee and Joint Committees
Select committees of either the House or the Senate are initiated to deal with problems that are limited in scope and time. They are often fact finding committees. Joint committees perform the same functions, but are composed of members from both hosues
Legislative process
Bicamerla CONgressional procedure b y which a bill (an item proposed for legislation) become law
Source of bills
Bills can originate from a variety of sources: Congress, the Executive branch, the bereaucracy, or special interest group seeking legislation favorable to their memberships’ well-being
Clandars
The Calandars are the dockets werhe bills are placed for congressional consdieration.
Union Clander Bills
House calendar dealing with bills with raising or spending money
House Calendar
all other major public bills
Priavate Calander
House calander dealing with private bills
Consent Claendar
House calendar dealing with non-controversial bills
Calendar of General Orders
all public and private bills.
Calendar of the senate
Executive Calendar
Senate Calendar. All treaties and nominations
Committee/Subcommittee Work
Once a committee receives a bill it is discussed by the full committee. If all officers in the committee are facorable toward the bill, it is placed in the approprite sub-committee. The Sub-Committee will look at a serios bill and include withnesses with knowledge of the bill, and a mark-up session, in which the bill is edited to the wishes of the sub-committee members. Then the sub-committee makes its ruling. Sends the bill back to the full committe without the previously mentioned mark-ups or send it back with the mark-ups. Upon recieving the bill, the full committee may call its own witnesses nd have mark-up session of its own.Depending on the action of the committe the bill is either reported to the respective house with full approval, with suggested amendments, tabled for future consdieration or rejectd. However, in the house of Representatives one more committee needs to consider the bill before it goes to the full house
Rules of Committee
The committee acts as a traffic cop to control the flow of bills to the House floor. It does this by sheduling bills for consdieration in order of importance and organizing debate through the establishment of rules. These rules will determine if amendments are to be allowed, and howe long the debate over the bill shall be
Floor debate
the House debate flows from the rules of the Rules Committee. The parlimentary device of the Committee of the Whole accomplshes most floor debate. Wit this device the House can debate without a quirum. That is until it must consider the bill for passage. Then they must have quorum and follows the Rules Committee restrictions. The Senate debate is framed with by a reliance on unanimous consent. With it the Senate avoids lengthy debate, and ensures a rather prompt decisions through a role call debate. Without this unanimous consent the alternative is to bring it up by motion. HOwever this may render the bill susceptible to a filibuster
Filibuster
filibuster is a senatorial procedure which features unlimited debate, otherwise known as “talking a bill to death”. Its pupose is to give a small minority, who object to the bill, the rightot hold up the bill ofr consideration. The debate will go on until the bill is withdrawn or cloture is imposed. In recent years this mechanism has been used with growing frequency. SOme believe that this practice threatens the very nature of the legislative practice
Cloture
This is the senatorial method to stop filibusters. It requires sixteen senators to petitoin that the deabte end. After the petition is filed, it requires a 60-vote majority to end the debate. A thirty-hour limit is established, and then a vote is taken on the bill
The Vote
Bills are approved by majority vote. These bills must receive positive consideration in both houses. The cast majority of the bills passed by both houses do not havae the same structure. These bills must go before a conference committee
Conference Committee
This bicameral committee attempts to resolve the structural difference between the House and Senate bills. The membership is composed of three, five or seven members from both houses. They are usually composed of senior members of the standing committees of both houses whihc held hearing on he bill. If possivle, this committee writes a compromise peice of legislation. They then send the bill back to both chambers for their approval
Presidential Action
With congressional approval the bill is sent to the president. Within ten days of receiving the bill he/she may sign the bill, not sign it and let it become law after the ten days are over. The president may also decide to veto a vill. Such action, under normal circumstances will kill the bill. THere are two types of vetoes
The Veto
Within The ten-day period after he/she receives the bill from Congress, the president may take action by vetoing the bill. The latin derivation means, “I fobid it.” Alternatively, the he/she may use a pocket veto. This device is used when the president does not sign a bill, but COngress adjourns before the ten-day limit is over. This is called a pocket veto
Congressional Override
A non-pocket veto may be overrideden by a two-thirds vote of both house of Congress
The Composition of Congress
The Joke on Capital Hill is the prime characteristcs are pale, male, and stae. Seriously in discussing the composiiton of congress wil will look at the following characteristcs: party membership, age, sex, race or ethnicity, religion and occupation
Party membirship
in t he house of representatives the 113th Congress has 242 Republicans and 193 democrats. THE Senate has 51 democrats, 47 Republicans, and two independents that caucus with the Democrats
Age
In the 113th Congress the average age of the House is 58, and 61 in the Senate
Sex
in the 113th congress, the House of Representatives has 357 males and 78 females. In the senate there are 80 males and 20 females
Reace or Ethnicity
In the 113th congress the vast majority in both houses are European American. There are 43 African Americans in the House, and two in the Senate. There are 28 Hispanic Americans in the House, and three in the Senate. There are 11 Asian Americans in the HOuse, and one inthe Senate
Religion
In the 113th Congress there are 299 Protestants, 163 Catholics, 39 Jewes, 15 mormons, and a scattering of other religions, as well as aothers that are non-religious
Occupations
The most frequently recorded occupation among the members of the 113th congress are lawyers (217), business men and owmen (188), former government officals (109), and educations (96). Obviously some have declared more than one occupation
Congressional Elections
Congressional elections occur every two years as all members of the house are elgivle for reelection. IN the Senate one thrid of the members are eligivle for reelection every two years. If the most imopratnt hing for a member in Congres to do is to win election, then the second most imoprtant is to win reelection. This act happens more often than not becuase of the incumbency factor. Other items of importance include considering that the otu parrty usually gains in off year elections. Another point to not is that the stat representation in the HOuse changes every ten years based on constitutionally mandated census data. THis is the practice of reapportionment, assigning each population. It features redistricting in which congressional district boundaries reflect this fchange.FInally, the controversial procedure of gerrymandering may influence this practice when state legislatures recreate congressional boundaries to give one party an advantage over the other
Congressional Responsibilities
The primary responsibilities of Congress include lawmaking, oversight, conflict resolution and constituent service.
lawmaking
This is the most siginifact function of Congress. OF course this is evident throuout Article One of the Constitution. In performing these duties legislators pursue three distinct roles. They may prefer the delegate role which features voting, as they believe their onstitutients wnat them to vote. OTHER TIMES THEY MAY CHOOSE THE ROLE OF THE TRUSTEE IN WHICH THEY STRESS THEIR WON JUDGEMENT IN DECISION-MAKING. FINALLY, legislatiors may seek a compromise between the aboce roles and beocming politicos, indetifying with their district on sisues of profound interst, but deviating when their constitutents are less opinionated
Oversight
Oversight is a classic use of chekcs and balances. It allows the legislators to insure that the executive branch is carrrying out the itnentions of Congress. We see this action performed during the bicameral meetings of joint committees. Obstinate executives may see thier budgets cut or, in extreme, their agencies abolished
Public education
Elected officals often provide information to their constitutnets in order for them to understand how the congress is engaged in helping them. Traditionally Congress uses the franking privalege giving it free postage to carry out this endeavor. Today much of this information appears on the web pages of congress
Conficlt resolution
This is a splendid example of the Madisonian system. It emphasized decision making thorugh compromise and consensus, while it is true that neight side truly totally wins, accommodation resolves the varying differences between groups. (This is not that noticeable in recent Congresses).
Constituent Services
This role requires memebrs of Congress to pay attention to the need of the peoplpe within their district. In turn the representatives refer these desries to Congress as a whole. Sometimes this function and the law making process combined to produce the aforementioned private bills.
U.S Presidency/Executive
Article Two of th Constitution we find the Executive Branch of Government. The primary responsibility of this branch is to execute the laws passed by Congress. The chief of the Executive Branch is the President of the U.S.
Formal Qualifications
There are only three expressed qualifications to be the Presdient of the U.S.
Age
The minimum age of the presdient must be thirty-five
Place of birth
the president must be a native born American. In other words, he or she must a U.S. citizen by blood or soil
Residency
He/She must be a U.S. resident for the fourteen years before becoming president
Informal Qualifications or social characteristics
Certain similarities are very evident when we consider the indivudlas who have become the U.S. president. We will look at sex, race/ethnicity, nationality, religion, marital status and ideology
Sex
All 44 presidents have been male. However, many nations of the world have democratically elected female heads of government
Race and Ethnicity
The campaign of 2008 provided the U.S. with a first–the first elected African-Aermican presdient of the U.S. The rpevious 43 presdients wer European American. Considering the racism that has pervaded American politics that has resulted in restricting African Americans from voting, let along holding office, this is an enormous alteration of tradition
Nationality
Not only were the previous 43 presdients European American, they were also northwestern European American. In other words, we are still waiting for our first presdient of Italian or Slavic Heritage
Religion
Here we again have unanimity. All 44 presidents chave been Christian. 43 Presidents calim some sort of alliance with the Protestant branch of Christianity. The longe expetion was JFK who was a Roman Catholic
Marital Status
All of the above American presidents wer emarried, with one exception: James Buchanan. Their statuses did vary while they were presdient. For example, Thomas jefferson entered the White House as a widower and remained one. Andrew Jackson became a widower right before becoming presdient. Gorver Cleveland got married while in the White House, but he remarried while serving as presdient
Ideology
Following the Madisonina systematic approach, the presidents usually have either been moderates or they woked toward the middle while they were presdient usually have either been moderates or they worked toward the middle while they were presdient. Successful presdients who maintained a distinct ideology, such as Frankling Roosevelt, a liberal, and Ronald Reagan, a conservative, upset their core constituency by seeking suppport from political moderates
The ranking of presdients
Political Scientists and historians have always shown an interst inranking the presdients. Beginning with the work of historian Arthur Schlesinger in the late 1940s, presdiential experts have conducted polls to evaluate the presidnets. These evaluations show consistencies in their ranking .Forxample, Abraham Lincoln regularly rates as america’s fines president. Gerogy Washinton Adn Franklin Roosevelt rate either second or third. We notice that many of the highly ranked presdients held the office rather recently or at least during the tweitiest centruy. Others include: Theodore Roosevelt, Woodrow Wilson, Harry Truamn, DWIGHT eISENHOWER, John F. Kennedy, Lyndon B. Johnson and Ronald Reagan. In addition to the outstanding job these presdients may also have something to o with these high rankings. On the negative side of the ledger we find the following men as extremely subpar or abject failures: rankling pierce, James Buchanan, Ulysses S. Grant, Warren G. Harding and Richard M. Nixon
Presidential Sussecion
It is siad that the vice presidency is a heratbest away from president. According to the Constitution the vice presdient is to suceed the presdient. The first time this occurred was when John Tyler replaced the deceased William Henry Harrison. In 1947 Congress enacted legislation setting the line of succession after the vice presidnet. This establiched order placed the Speaker of the House third, followed by the President pro tempore of the Senate and then the cabinet members, beginning with the Secretary of State and continuing in the chornological order of the creation of the position. THe 25th amendment, ratified in 1967, allows for a smooth transition in the succession process. For example, it provides a method to keep the vice presidency occupied. THis officew ill never lie vacant again. THis lessens the need to use the 1947 succession law
The Vice Presidency
In truth, the vice presdientcy was an afterhought. During the Constitutional Convention the office came into existence merely to make the electoral college work. It became the consolation prize in the formal race for the presidency. The constittutional duties of the office are sleder, to say the least. The vice presdient is the president of t he Senate and votes only to break a tie. Of course he/she remain a heartbeat aaway fro mthe presdiency. THE VICE PRESDIENT HAS SUCCEEDED THE PRESDIENT ON 9 OCCASIONS. the role of the vice presdient depends upon the wishes of the president. Most of the time his/her duties are minor. One halfhearted description depicts the vice president as traveling the world atending funerals of former presidents of the third world. THE MORE IMPORATNT jobs he/she performs include being an ocasional advisor to the presient, afact finder for the presidnet, an agency head, a political partisan and an ambudsman resolving lower level complaints
Role of the President
As the old yarn goas “the presiddnt wears many hats” we will lok at six of these hats: Chief Executive, Commander-in-chief, Chief Diplomat, Chief legislator, head of state and head of political party
Chief Executive
The constituion gives the power of appointment of officials such as federal judges, diplomats, cabinet members. Some of these appointements, known as patronage, are products of pilitcal paybacks and typically are associated with ambassadors. The passage of the Budget and Accounting Act of 1921 required presdidents to submit a budget for the fourth coming fiscal year. Although COngress has huge discreitonary powers in this area, the rpesdients buget sets his or her priorities
Commander-In-Chieft
As civilian, the presdient is the head of the armed forces. This provides a singluar head over all of the uniform services. This role produces the classic clash between the president and Congress. While the predient has his or her authoirty, the congress msut declare war. Neverhtelss, most of ht military actions taken by the president has not been acocompnaied by a conressional decleration of war
Chidef Dimplomat
The presdient negotiates treaties with other nations, but the approval of this action depends on a two-thirds vote of the senate. THIs too has sparked controversy. Presdidnts often make executive agreements with other heads of state. The Supreme Court ruled that it is an acceptable way of performing diplomacy. THis expedient alternative to treaty making lasts only thorugh the administrationg initiating it. THe presdient, on behalf of the country, extend dimplomatic relations to nations. This functions enhances the inherent powers of the U.S.
Chief Legislator
If we reacall the legislative process, the executive branch draws up the largst perentage of bills. In this way the staff of the presidnet influences the making of the laws of the country. OCNgressional legislation authorized presdientts to execute legislative intention, which occurs by issuing executive orders, which taken on the form of administrative law. In a less direct way the presidnet motivates the legislatative approach by delievering his or programs and policies. HOwever, since the time of woodrow wilson the president has delievered the adress in person. Additionally, the presidnet is required to send a budgetto Congress. He/She sends this to congress about one week after the State of the Union message, usualy in early February. FInally, the presidnetial power takes on legislative qualities when he/she engages in sigining or vetoing legislation
Head of State
This is largely a cermonial role. In many other nations it is a separate office. In the UK this is the role of the monarchy. In Germany the president of the republic fulfills this function. While a nominal position, the presdient represents the nation, including its spirit, laws and people. THis includes the intial greeting dignitaires for other nations as well as the purely celebrative roles of lighting the White HOuse CHirstmas tree or organizing the annual Easter Egg hunt
ead of political party
The presdient by virtue of his or her august position gains control of the politicla party that elected him/her. THE COMPLEX STRUCUTE OF THE MAJOR PARITES DIFFuses the hierarchal authority. It falls to the presient ot move forward and capture that authority. Not all presients ascend to this role equally desirous of serving in this capacity. Oftern success or failure in this role equally desirous of serving their political parites; others, such as Dwight Eisenhower, some sya made nonpartisanship an art form, and jimmy carter, often made poicy without consulting the leadership of his party, were marginal in this role
The major offices of the executive
After WWII the needs of the country changed and the executive branch continued to grow and become more organizationally complex. We will review some of these changes in the executive, as well as define the role of the cabinet. In this case we must take into account the changing needs of the modern presdiency and the growing importance of the office
Executive office of the Presidency
Within this office we find the primary advisory policymakers of the executive branch of government. These include the White House Office, the Management and the Budget, the Council of Economic Advisor and the Naitonal Security Council
White House Office
Many of the prominent presdiential advisors and policy-makers belong to this office. This includes the white House Chief of Staff, the White House Counsel, speechwriters and the press secretary
Office of Mnagement and the Budget (OMB)
THE LENGTHY process of drawing up a fiscal year budget cov ers a eyar and a half period. Those involved in this detaled process work in the OMB. They prepare the budget and work to thave it enacted
Council of Economic Advisors
The Council of Economic Advisors works with the OMB. HOWEVER, it remains a speracete institution. Its influences depends on the presdient whom it serves. Roland Reagna paid it no heed, while Bill Clinton saw it as beneficial institution. When called upon, the council helps analyze economic data nad forecast economic growth, decline and stability
National Security Coundicl (NSC)
Acreation of the 1947 legislative act that altered the foreing policy and defesy establishment, the NSC features a membership that includes the true secrutiy establishment. Those on the NSCincldue the Presdient, the V.P., the Sec. of St., the Sec. of Def., the Directo fo teh CIA and the Chairman of the Joint CHiefs of Staff. This intriguing polyglot advises the president on matters of security and offers, as best as possible, a coordinated policy concerning defense and diplomatic policies
The Cabinet
Although the Constituion does not specifically refer to it, the cabinet came into existence at the request of George Wasinton. Since the time of the first presdient these secretaries of major departments of government have gown substantially in quantity. the initial cabinet positions include the secretary of state, the secretary of the treasure, the attorney gerneal and the secreaty of War. In washinton’s time these gentlemen offered advice to the president as well as administrating their depatements. From the beginning the presdient appointed cabinet memebrs and the senae confimerd them. Through the years the head of their depatments and meet as united body with the presdient. THEY STILL ADVISE THE PRESDIENT, ESPECIALLY OCNERNING POLY AFFECTING THEIR DEPARTMENTS. The initial four offices reamined the entire cabinet until the middle part of the nineteenth centruey. The cabinet until the middle part of the nineteenth century. The cabinet grew to include the Department of the Interiro and Agriculture. Later other cabinet positions were included and others restructured, such as the Department of COmmerce and Labor, which divided into separate departments. Another realigment occured when the department of Health, Education and Welfare became the Departments of Health and Human Services and THe Deaprtment of Education
