presidency Flashcards
prerogative power
Extraordinary powers that the president may use under certain conditions, such as during
Times of war. Do several things of their own free choice, where the law is silent, and
Sometimes, too, against the direct letter of the law, for the public good. Locke political
Philosopher.
Whig model
Restrained presidential powers. Congress leads the policy process
Theodore Roosevelt
Vigorous, reform-minded governor, shaping public opinion and using public support
To push his reform agenda through state legislature. Transformed the office into a unique
Opportunity to preach to and inspire a national congregation. Master of political theatre,
Media president and brilliant huckster. All was possible except that which
Franklin D. Roosevelt
Modern presidency. Both central figure and participates actively in both foreign and
Domestic policy. Took charge of the federal government during the time of the depression.
National bank holiday, banned the buying and selling of gold and practice of linking the
The dollar to the price of gold, an emergency banking reform bill, to pull the nation out of
Of economic crisis. The new deal series of programs and initiative that transformed the
National government and gave birth to the welfare state
Cabinet
Executive departments that handle the responsibilities of the federal government.
Consists of the secretaries of the major departments of the bureaucracy on whom
The president relies heavily to carry out public policy. Appointed by the president and
Confirmed by the senate. Can be removed by president, cannot be members of congress.
Constitution dictates that no one can hold more than one post at a time.
State 1789 foreign policies, treasury 1789-coin money regulate national bank
War, defense 1789 and 1947, interior, 1849 parks and natural resources, agricultur1862,
Farmland wildlife products safe for consumers, justice 1789 enforcing the law, commerce
1903 economic stability and international trade, labor 1913 protects the rights of working
Citizens, health and human services 1953 research health care for low income,
Urban development 1965 guarantee affordable housing, transportation1966, energy1977
Reliable energy, education 1979, veterans’ affairs 1989, homeland secure 2002
EOP
Executive office of the president 1939 advisers, including the white house staff, the bureau Of the budget, and the office of personnel management. Divisions have been created Including the national security council, the council of economic advisers and the office of Management and budget.
Executive office of the president 1939 advisers, including the white house staff, the bureau Of the budget, and the office of personnel management. Divisions have been created Including the national security council, the council of economic advisers and the office of Management and budget.
EOP
OMB
Office of management and budget prepares annual national budget proposal, monitors performance of federal agencies, overseeing regulatory proposals. The council of economic advisers. CEA, led by three members, eminent economists appointed and confirmed by senate.
institutional presidency
Shifting role of the chief executive in federal government have come changes within the
Institution of the presidency. Cabinet, support staff and various offices and agencies
Designed to support president. Evolution of presidency has been toward ever-greater
Powers, president in the center. President as its head. Citizen action more complex.
Direct access to the president is difficult. White house aides transforming the connection
Between the president and the people.
Inner cabinet
The advisers considered the most important to the president, the secretaries of
Of state, defense, treasury and justice.
informal powers
a few have relied on informal input from a trusted circle of advisers Informal Presidential powers are dependent on the political order of the day.
going public
appealing directly to the people to garner support for presidential initiatives. Ways
to build public support. More potent than persuading members of congress. Fireside
chats, FDR, Kennedy tv, Regan the great communicator, Barak web site whitehouse.gov
Trump tweets
chief of state
Mr. president or Mr. Washington. Preform ceremonial function, formal gatherings called
Levees, being greeted. Informal tone permeated, phone winning super bowl team,
Pardon the turkey, stability and wisdom and composure during times of crisis.
chief legislator
constitution states congress legislature function, executive responsible for implementing.
Veto bills, ability to recommend measures for consideration and time to time inform congress the state of the union. Since FDR have sought to lead policymaking
The veto
A disapproval of a bill or resolution can be overturned by 2/3rd vote of congress. Actual
Vetoes are less significant in the legislative than the threat of their use
chief diplomat
in charge of foreign affairs. Sole organ in conducting foreign affairs and their powers are
exclusive. Travel around the world, forging ties and alliances. Appoint and receive ambassadors.
treaty power
A formal agreement between the us and one or more sovereign nations. Senate would work and negotiate and ratify treaties didn’t work
executive agreements
A less formal arrangement between US and other nations. High profile, media attention. Case act of 1972 inform congress within 60 days. They have increased greatly in past few
Decades.
commander-in-chief
construction appoints president of all-American military forces. Preserve and protect our nation.
War Powers Resolution
1973 congress designed to limit presidential deployment of troops unless congress grants
Approval. Every president has argued it is unconstitutional and have not abided by its provisions. Some argue resolution may actually expand presidential war making powers because it goes unchecked for first 90 days.
chief executive
assembling of staff and cabinet, enforcing laws, spending funds allocated and appropriated by congress he is chief administrator and head bureaucrat.
executive orders
regulations made by the president that have the effect of law. Three kinds, proclamations for ceremonial purpose of declaring holidays 2nd national security directives 3rd presidential decision directive. Security and defense matters
personal presidency
the notion that there are greater and greater expectations place on presidents due in large measure to the way they run for office and are often unable to deliver on the promises they made. We have personal bond with president, solve problems foreign and domestic
- Why did the framers of the Constitution give real power to the executive branch
Ineffectual and short lived. Under the articles of confederation, a national government
Lacked the ability to respond quickly to emergencies. Be an authentic player in the
System instead of merely an administrator of what congress decides. The principal powers
Granted by the constitution to presidents allowed them to influence the judiciary by
Appointing judges, modest say in making legislation, to conduct foreign policy, and to
Be commander and chief. Have proved to be merely foundational.
- What arguments did Alexander Hamilton make in Federalist No. 69 to counter fears of a powerful executive?
Underscore the differences between a president and a king. President is only elected four
Years, a king through heredity and holds it throughout his life. The president can be
Impeached for treason, bribery and other high crimes or misdemeanors, a king subjected
To no punishment., sacred and inviolable. A president may be able to veto legislation and
Can be overridden by legislature. Faith in Washington allowed citizens to overcome fears
Of a monarch. The president must lead.
What are the ramifications of the expansion of the president’s staff?
They have become political advisers, to help their boss win reelection, boost poll ratings
And build historical legacy. Winning over policy wonks. Shaping outcome of government,
Less access to president.
What is presidential greatness?
It is only when our nation confronts adversity that greatness can emerge. Simple luck. Lincoln have not controlled events, but events controlled me. Great character
Vision, pragmatism, consensus building, charisma, trustworthiness.
The film on Vietnam;
Johnson inherits conflict of war from 3 different presidents
Before him Truman, Kennedy and Eisenhower
Long standing commitment to south Vietnam
Film page 3: Tremendous turmoil, escalate war because presidents in both countries dead
Redoubling effort to take back N. Vietnam attacks begin
1. Ben ho air force base, Taylor recommends: air strike, price to pay, johnson turns down escalation 2. brinks hotel 2nd strike, psychology threat Taylor recommends, LBJ of restraint!!! Twice he turns away 3. 3rd strike this time johnson recommends retaliatory air strike
Bill Moyers, film on veitnam
Bill Moyers, he didn’t want a larger war, Johnson wanted the great society.
Formal and informal powers of the presidency
y some are written down and some are not
Not written down such as the power of persuasion. The president’s institutional presidency, linked to offices and N.I.C. advises on foreign powers, linked to personality, charisma even luck These powers come with limits all come with limits but there are exceptions key terms of the framers. Pardon power has no limits is one that has limits
Foreign powers the chief diplomat, not in constitution
The president is the sole organ
The Treaty power treaty
ended ww1 and ww2 constitution by with advice and consent of the senate 2/3rd vote
Washington went to the senate with a series of questions, senate referred wash. To a committee, he said this is a waste of time, defeats every purpose of my coming here. He never went back again, and no president has ever gone to senate since. Set a precedent.
We don’t always follow what constitution says
The president is free to do what he wants without advice
it is not binding unless the senate ratifies it 2/3 vote super majority. Why did the framers jack it up to a 2/3 vote? make sure treaty would endure. Promotes continuity.
J treaty settled outstanding issues with Britain.
John J sent to Britain for Washington. Embroiled in public controversary. House demanded Washington to turn over documents. Negotiations, Washington refuses to turn over documents.
President with hold documents. Executive privilege. Set a precedent.
Nixon said he didn’t have to turn over tapes
sorry you do have to turn over tapes. Use to be informal power now it’s a formal power. Trump is claiming executive privilege to turn over documents. Pelosi is going to use it as another impeachment count. Nixon said Its not illegal when the president does it.
- Abrogating a treaty
means cancelling a treaty.
Supreme court, in goldwater verses carter
Put brakes on, said political question, called
Political doctrine wouldn’t rule on it. Supreme court, it was a political battle, we won’t rule.
Carter won. No direct way to abrogate a treaty. Informal power. No direct check. But other
Checks in the background.
Checks in the background.
Amending constitution, media, impeachment,
presidents ambassadors
Ambassador, official representative of USA to another representative to another country abroad. Senate only has to approve, simple majority. Terms of ambassador serve at pleasure of the president. Constitution is sparse on this.
Hormel, Clinton nominee to Luxenberg. as ambassador
Lott says again no floor vote. He is openly gay. Hormel gets his money to weeny fortune.
President can make a recess appointment. Hormel got 6 months as Luxenberg Ambassador.
Trent Locke, House majority Leader hated gays
Strong Thurman birthday party. Later resigned
Can someone manage 850 employees?
Board of trustees is at the top, then vice presidents, then vps have deans, yes, if you have all the assistants you can, it is not possible to manage 2 million
Sources of 4th branches power
4th b has the information tool to persuade and that is power
Release or withhold information as they see fit and that is power
Citizens need the 4th branches services, that need empowers the 4th Congress must rely on
4th branch us.gov great resource gov, agencies and elected officials, bureau of labor statistics, expertise everything and labor stats.
Congress delegates by law to the 4th branch congress is empowering the 4th b.
Which department has the largest number of employees? The second largest?
Department of Defense (729,559 civilian employees)
Department of Veterans Affairs (323,208 employees)
What is the public’s image of the federal bureaucracy?
The popular image of the bureaucracy is of large, impersonal organizations that are inefficient and unresponsive.
What are the advantages of bureaucracy?
The advantages of a bureaucracy stem from providing organizations with clear lines of authority in which each employee has specific responsibilities and expertise. Ideally, bureaucracies are useful for standardization and consistency in providing government services
One additional advantage of 4 branch
merit-based system for hiring, has special importance for government bureaucracy describing an ideal bureaucracy involving competent, trained personnel with clearly defined job responsibilities under a central authority who keeps detailed records and makes consistent decisions in accordance with established rules.
Coordination. Accountability. Expertise and Competence. Standardization
What are the advantages of bureaucracy?
What are the problems with government bureaucracy?
decisions must move through a chain of command, there are obvious risks of delay, including the chance that documents will be misplaced or lost so that new forms must be completed to start a decision-making process all over again.
executive agencies are slow to implement new laws, they can hinder or even undermine the achievement of a president’s policy goals.
When agencies are large bureaucracies, it can be exceptionally difficult to organize, implement, and monitor programs effectively.
How does the bureaucracy use information?
They provide this information both formally and informally.
The range of policy issues is so vast, however, that Congress must inevitably rely on officials in the bureaucracy for important information about many public policies.
What opportunities exist for interest groups to influence the rule-making process?
The rule-making process also provides opportunities for interest groups to influence regulations. Congress uses oversight mechanisms, such as holding hearings that require testimony from agency officials or enacting new legislation to limit actions by government agencies.
- How does the bureaucracy enforce its rules and regulations?
All three branches of government have the power to subject the bureaucracy to oversight and accountability. The president attempts to oversee, guide, and control the bureaucracy through the supervisory authority of political appointees at the top levels of each agency. These appointees are supposed to monitor the work of subordinates and ensure that officials in each agency, as they produce regulations and implement statutes, are working to advance the president’s preferred interpretations of laws. The threat of sanctions exists, because even though it may be difficult to dismiss civil service employees for most of their actions, the superiors in each agency can affect promotions, bonuses, and job assignments through the performance evaluations that they conduct annually on each employee.
How do the three branches attempt to hold the bureaucracy accountable?
Whistleblowers in the bureaucracy provide information about misconduct within agencies. They are supposed to be protected from retaliation because they are helping to enhance accountability by calling attention to agencies’ failings.
how many ambassadors go to career diplomats
2/3rds of ambassador’s go to career diplomats the rest go to presidents’ friends colleagues and political Political appointments can end badly, drunk kept prostitutes
AFSA American foreign services agency recommends
Afsa recommends that non career portion of ambassadors be reduced from 30 percent to 10 percent American foreign service
What does the WPR require the president to do within forty-eight hours of introducing U.S. armed forces into hostilities or situations where hostilities are imminent?
The president must report to Congress in writing on why the commitment of armed forces was necessary, state the constitutional and legal basis for the commitment, and provide an estimate of the commitment’s scope and duration.
The WPR lists three conditions under which the president would not be required to take the action List the three exceptions here
Congress has declared war or authorized the use of armed force by law;
(2) Congress has by law extended the 60-day period;
(3) Congress is unable to meet because of an attack on the U.S.
dual court system
In other words, two court systems, state and federal, exist and operate at the same time in the same geographic
areas handle criminal prosecutions, which involve accusations that one or more individuals broke the law and therefore should be punished.
States are free to design their own court systems and to name the different courts within the state. Thus, in some states, trial courts are called “superior courts,” while in others, they are known as “district courts,” “circuit courts,” or “courts of common pleas.”
appellate courts
which are typically called “courts of appeals,” There are no juries in appellate courts, and typically three judges hear cases in a state or federal intermediate appellate court. State supreme courts generally have five or seven members, while the U.S. Supreme Court has nine justices. These courts do not make decisions about criminal guilt or issue verdicts in civil cases. Instead, they consider narrow issues concerning alleged errors in the investigation and trial process that were not corrected by the trial judge. Instead of listening to witnesses or examining other evidence, appellate courts consider elaborate written arguments, called appellate briefs
The highest appellate courts in the state and federal systems
are courts of last resort.
federal system, the U.S. Supreme Court
is the court of last resort.
There are no juries in appellate courts, and typically three judges hear cases in a state or federal intermediate appellate court
Federal trial courts are called
“U.S. district courts.”
The country is divided into 94 districts.
usually lawsuits between the governments of two states.
rule of four”
is a Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari. This is done specifically to prevent a majority of the Court from controlling the Court’s docket.
majority opinion
chief justice announces the preliminary vote based on the viewpoints expressed. The side that gains the support of five or more justices wins.
How do justices prepare and announce the majority opinion
If the chief justice is in the majority he designates which justice will write the majority opinion for the Court.The justices prepare and announce the majority opinion that decides the case as well as additional viewpoints expressed in concurring and dissenting opinions.
concurring and dissenting opinion. Other
Other justices can decide for themselves whether to write a concurring or dissenting opinion. With the assistance of their law clerks, justices draft preliminary opinions as well as comments on other justices’ draft opinions. These draft opinions and comments are circulated to all the justices.
us supreme court
Original jurisdiction in only limited categories of cases that rarely arise: lawsuits between two states and cases involving foreign ambassadors. Appellate jurisdiction in almost all cases that it decides that arrive from U.S. courts of appeals or state supreme courts.
13 U.S. Courts of Appeals
No original jurisdiction because no cases are first filed in these courts. These courts handle appeals from cases that were first decided in the U.S. district courts or matters decided by government regulatory commissions.
94 U.S. District Courts
Original jurisdiction in cases involving federal criminal and civil law, the federal government, lawsuits between citizens of different states for amounts over $75,000, bankruptcy, and admiralty (shipping at sea).
(no limited jurisdiction trial court with life-tenured federal judges)
Federal cases begin in the U.S. district courts.
State Court System
52 State Supreme Courts*
State Court System
U.S. Supreme Court 52 State Supreme Courts*
40 State Courts of Appeals*
40 State Courts of Appeals*
State Trial Courts (50 states)
Usually called superior courts, district courts, circuit courts, or courts of common pleas. These courts have original jurisdiction and therefore are the first courts to hear cases concerning state law issues for felonies and other serious matters.
Lower-level State Trial Courts
Original jurisdiction for minor criminal and civil cases.
Appellate courts have?
appellate jurisdiction, meaning they review specific errors that allegedly occurred in trial court processes or in decisions of appellate courts beneath them in the judicial hierarchy.
U.S. Court of Appeals
The U.S. courts of appeals are divided into regional circuits throughout the country. Each numbered circuit handles appeals from federal cases in a specific set of states. I live in the 9th circuit of court of appeals There are 11 circuit
The U.S. Supreme Court
has 9 judgesThese courts do not make decisions about criminal guilt or issue verdicts in civil cases. Instead, they consider narrow issues concerning alleged errors in the investigation and trial process that were not corrected by the trial judge.
State supreme courts
generally have 5 to 7 members
