The Executive Branch Test Flashcards
Who creates policy in the executive staff?
White House staff and executive offices of president
What’s the White House staff
Personal staff in White House
What are the executive offices of the president (where are they)
EOP
Next door
Who implements policy, also (broadly)
Executive depts and indep executive agencies
Bureaucracy
Executive depts are - level
Cabinet
Rule of propinquity
Degree of influence with the president of person is approx to the distance of persons office/desk from that of pres
Chief of staff is usually most
Influential
First Lady concerns herself with
Single issue
White House staff is hired and fired by
The president
Who is most loyal and influential of executive staff
White House staff
Executive offices of the president are appointed by
The president
Only heads of the - are fired by the president
EOP
3 main agencies of EOP
National economic counsel (NEC), office of management and budget (OMB), national security counsel (NSC)
- appoints independent agencies and commissions officers
President
- confirms independent agencies and commissions
Senate
The president can’t fire members of - because they have –.
Independent agencies and commissions, fixed terms
Cabinet and exec depts are the - cabinet
Inner
The president appoints officers from -, -, and -.
EOP, independent agencies and commissions, and cabinet and executive depts
Pres only fires heads of - and -
Cabinet and exec depts, EOP
What does cab. And exec dept do?
Implement laws
There are - depts
15
Senate confirms -, -, and -
Cab and exec depts, EOP, and indep agencies and commissions
Cons of pyramid model (3)
Little discussion of different points of view, pres may become isolated, key advisors may gain too much power
I’m pyramid model, - is gatekeeper of info and policy
Chief of staff
Deputy of chief of staff
Pros of circular model (3)
Deliberation and debate between staff
Allows pres to hear all POV
Allows pres detailed info
Cons of circular model (3)
May lead to chaos and confusion
May lead to ineffectual decisions
May waste pres time
Formal requirements of pres
Natural born citizen, 35 years old, resident for 14 years
Formal powers of the pres, national security (4)
- Serve as commander and chief of armed forces
- Make treaties with other nations, subject to agreement of 2/3 of senate
- Nominate ambassadors, with agreement of majority of the senate
- Receive ambassadors of other nations, thereby conferring diplomatic recognition on other govts
Formal pres legislative powers of pres
- Present information on state of the Union to congress
- Recommend legislation to congress
- Convene both houses of congress on extraordinary occasions
- Adjourn congress if the house and senate cannot agree on adjournment
- Veto legislation (Congress may overrule with 2/3 vote of each house)
Formal administrative powers (4)
- “Take care that laws be faithfully executed”
- Nominate officials as provided for by congress and with the agreement of a majority of the senate
- Request written opinions of administrative officials
- Fill administrative vacancies during congressional recesses
Formal judicial powers of pres (2)
- Grant reprieves and pardons for federal offices (except impeachment)
- Nominate federal judges, who are confirmed by a majority of the senate
Pres advantage over congress comes from his formal powers of
National security (foreign policy), strength
In impeachment process, first - committee debates charges, - of - votes on any article constitutes impeachment on that charge, - opens trial and - members prosecute (managers) - presides in presidential impeachments, if - of - votes to convict, the official is removed from office
House judiciary committee, house simple majority, senate, house, Chief Justice presides, 2/3 of senate
Most important White House staff positions (4)
- Chief of staff
- Presidential counsel
- Assistant to the president
- Press secretary
Presidential counsel
Chief legal advisor to the pres
Assistant to pres
Generally in charge of scheduling of the pres time
Press secretary
Mouthpiece of pres, handles daily briefings with pres pres Corp, chief spin doctor of the president
Where are most EOP located
Next door to White House in the executive office building
EOP are more dedicated to - than -
Their departments than the pres
National security counsel policy areas
Foreign policy and defense (pres crisis team)
NSC key members
Pres, vp, sec of state, sec of defense, national security advisor (head of NSC)
National economic counsel (NEC) policy areas
Economic planning and Econ forecasting
Office of management and budget (OMB) do 4 things…
- Prepare the federal budget
- Monitor govt agency spending of appropriations
- Monitors budget and records of all exec agencies
- Largest # of employees in EOP (600)
Vp has 4 constitutionally outlined duties
- President of senate (presiding officer)
- Vote in senate ties
- Help in deciding presidential disability(25 amendment)
- Succeed the pres upon death or disability (22 amendment)
Vp often-, but rarely
Runs for pres afterwards, wins
Cabinet is referred to as - of their depts, except for the -( who leads the -)
Secretaries, attorney general, dept of justice
The executive depts are each led by
A cabinet officer
The executive depts are each in charge of
Assisting pres with implement and administration the laws and policies charged to their depts (faithfully executing the law)
Executive depts were created by -, formal or informal?
Congress, informal
The inner cabinet is
The original 4 exec depts created during Washington’s administration
Inner cabinet consists of… Considered….
Leaders of state, defense (originally war dept), Justice, and treasury
Most influential depts and secretaries
Independent agencies and commissions (3)
- Aren’t directly controlled by the pres
- Operate indep of the pres as prescribed by law
- Are not under as much control by pres as other parts of the exec branch
Indep agency heads have - terms. What does this mean?
Fixed terms, only appointed by pres and confirmed by senate as their terms expire
Indep agency heads can only be fired…
For “cause”
Nonperformance of duties, nonpolitical reasons
Examples of independent agencies and commissions (6)
- FED (federal reserve board)
- FCC (federal communications commission)
- FEC (federal elections commission)
- FDIC (federal deposit insurance corporation)
- ICC (interstate commerce commission)
- SEC (securities and exchange commission)
12 amendment
Changed the way VP was elected (separate ballots for vp and pres)
22 amendment
2 term limit to pres or a maximum of 10 years
25 amendment (3)
Vp permanently succeed pres if he was unable to perform duties
Established a procedure for selecting a new vp if a vacancy occurs (pres appoints, confirmed by a majority of congress)
Established procedures to follow when pres is disabled
The vp becomes pres if (2)
- The pres informs congress, in writing, “that he is unable to discharge the powers and duties of his office”
- The vp and a majority of members in the cabinet inform congress, in writing, that the president is incapacitated
If pres challenges that he is incapable, - decides the issue by a - vote of -
Congress, 2/3, both houses
When pres is declared unable to be pres (what amendment), there’s also a procedure for the pres to
Reclaim his office
The presidential succession act of 1947
Established order of succession for office of pres
Order of pres succession (4)
- Vp
- Speaker of the house
- President pro tempore
- The cabinet officers in order of depts first est by congress beginning with Secretary of State
Why did framers fear a powerful president?
Feared monarchy, didn’t have one in articles of confederation
More checks on what branch than any other?
Executive
Pres formal const powers are (strong or weak)
Weak
- was most powerful branch until -. What event?
Congress, 1930s, Great Depression
Scholars preferred strong pres in what decades?
1950s and 1960s
When did ppl stop wanting strong pres? What event?
1970s
Abuses of Nixon and Watergate
What do scholars believe makes the pres a strong leader? Ability to…not…depends on…
Persuade, command, individual characteristics
We say we like -, but distrust -. What views?
Strong leaders (rugged individualism), the power needed for strong leadership (democracy)
What’s a coalition shift
1 era of dominance shifts to another party, usually caused by national crisis and critical election
Reasons for historical growth of presidential power? (5)
- National crisis
- Increasing social, political, and economic complexity (technology, us as a world power, complex economy)
- Rise of federal power (federalism)
- Rise of mass media
- Rise in importance of foreign policy
Presidents who come to power right after - have the most favorable environment for exerting strong presidential leadership
Critical elections
People and congress tend to support president in times of - and allow
Crisis, growth of power
By expanding role of -, congress has increased - power as well
Federal govt, presidential power
How does industrialism mane national govt more powerful?
Interstate and international organizations, govt can regulate more business, less private owned
Globalization
Foreign policy where pres has more power
3 major roles of pres
- Chief executive/administrator
- Chief legislator
- World leader
Chief executive/administrator also known as
Chief crisis manager
As chief exec/admin the pres
Leads and manages US govt and foreign policy in crisis
As chief leg, pres
Leader in moving agenda for his party and his own legacy
As world leader, pres is
Main foreign policy leader of US
Other term for pres as world leader
Chief diplomat
Whet art of const makes pres nations chiffon executive
Article 2
As chief exec, pres is in charge of
Policy implementation
Chief exec includes what const powers?
Administrator powers
Appointment powers
As newly elected pres, he can appoint (4)
And how are the fired?
- Ambassadors and diplomats
- Cabinet members and top aides
- Top officials of the executive office of pres (NSC, OMB,NEC)
- All White House staff
At will of pres
As terms expire, pres can appoint (appointment powers) (3)
- Heads of independent agencies
- Federal judges, attorneys (Justice dept), and US marshalls (Justice dept)
- Exec officers in the armed forces
Formal rule about recess appointments
Limits
President can fill vacancies without senate approval if congress is recessed
Must be approved during the next session or vacated
(Bc of 2013 court case) appointment must be made during annual recess and vacancy must arrive during the recess
Most all exec employees are - and must be fired through the - for - only
Civil service, civil service, for cause
Pres can fire at will… (2)
- Those he hired as a new president
2. White House staff (approx 3000)
Who are the hardest appointed officials to fire
Leaders of indep agencies
Which court case did Supreme Court say senate can’t mess with pres when he fires
Meyers v US
3 main powers used by pres as chief exec
Each one formal or informal?
- Power to appoint exec officers (hire and fire) formal
- Power to issue exec orders:informal
- Power of exec priv :informal
Executive orders must be published in the… What is it?
Federal registrar (a daily publication of US govt)
Executive privilege
Right of pres to keep private communications between himself and his principle advisors confidential
Exec privilege based on 2 principles
- Separation of powers
- Private discussions kept private from press and public reaction so pres can ensure advisors will give pres honest and open thoughts
US v Nixon (1973), watergate
No presidential privilege of immunity from judicial process especially involving criminal charge against pres
Nixon v Fitzgerald (1982)
Executive priv does apply to pres in civil cases, pres cannot be sued in civil cases
Clinton v jones (1997)
Executive priv does not apply to lawsuits (civil case) for actions that did NOT involve official duties
Roles and strategies of president as chief legislator (4)
- Chief party leader
- Constitutional powers in legislation
- Rallying public support
- Legislative skills
What are the presidents constitutional powers in legislation (4)
- Veto power
- State of the Union message (good at agenda setting)
- Convening special sessions (rarely used today)
- Propose legislation
Who had highest use of exec orders
FDR
Party support for pres programs (of same party) - of the time
2/3
Reasons for lack of full party support (4)
- Lack of policy consensus (too much diversity) among party members
- Conflict between constituency views and presidents view on policy
- Recent decentralization of party power
- Midterm slump
Why is there decentralization of party power?
Candidate centered elections
Diminishing presidential coattail effect (idea that popular pres will help cong candidates who support his policies to get elected)
1 way of pres in moving legislation
Rallying public support
Most effective tool of president in rallying support for his programs
(How many)
Creating media events
1 per week
What’s bully pulpit
Making speeches and using media attention to be heard
All major networks cover presidential speeches
Who does pres work with to move legislation
Legislative leaders
Presidents tools to move legislation (2)
- Bargaining with enough members to build majority (happens less than you think)
- Agenda setting
Major legislative problems for presidents (4)
- Popularity slips after honeymoon, longer he is in office, lower popularity ratings slip
- Lame-Duck period
- Periods of divided govt that produce gridlock
- Party polarization
What causes rapid popularity declines (3)
- Scandal
- Economic problems
- Foreign policy problems
In the area of -, the president is given more const powers and more deference by Congress than any other area
National security
Formal congressional checks on exec national security branch (7)
How many votes?
Also known as checks on - powers
- Power to declare war (majority vote)
- Power to approve treaties (senate 2/3 vote)
- Power to raise and support armed forces
- Approve pres appointments of ambassadors (senate majority)
- Power to make laws governing land and naval forces
- Provide for summoning state militias
- Provide for organizing, arming, and disciplining the militias and governing them when in the service of union
Commander and chief powers
3 times pres popularity rises
- Honeymoon period
- Crisis
- Beginning of second term (not quite as high as honeymoon period), reelection
Commander and chief
Lead military general
Complete control of armed forces
Chief of state
Means he is he ceremonial head of the government of US, the symbol of the ppl of the nation
Chief diplomat
Foreign policy leader
Chief crisis manager
Who does he usually work with during crisis?
Foreign affairs crisis
National security counsel
Commander and chief powers are more - today than any other time
Presidents have historically exercised - authority in this role than any other
Extensive
More
War powers resolution provisions
Must report within 48 hours of deploying troops
Removal of troops after 60 days unless house has declared war or congress has granted an authorization for use of force
Congress can withdraw troops at any time by a - (which cannot be -). Congress has -. Congress can remove troops by - (-).
Joint resolution, vetoed, always approved, not funding them (power of the purse)
Chief officer of the NEC is the
National security advisor
Largest dept in number
Dept of defense
Pres has most control over
Education and state (bc he gets to appoint more ppl)
All parts of bureaucracy can be policy creators through
Ability to make rules
Recess appointments
Formal or informal?
Limits?
Pres can make appointments while cong is in recess without senate approval
Limits:
Appointments “vacated” if not approved by senate during next session (1yr)
Recess has to be longer than 10 days (2014 ruling)
Pocket veto
If congress recesses during 10 days pres has to decide, and pres doesn’t sign bill
Veto override
2/3 vote in both houses
What case ruled line item veto unconstitutional, why?
Clinton v New York
Violates separation of powers
- is more powerful weapon than veto
Threat of veto
Impoundment
Refusal to spend appropriations authorized by congress
What act outlawed impoundment
Budget reform and impoundment act of 1974
What’s budget proposal power, what act est it, what office is accountable
Exec branch spends money and pres is leader, budget and accounting act 1921, EOP Office of Management and Budget
What’s signing statements
Pres makes statement when signing bill that tells how he thinks bill should be interpreted and put into place, sometimes used to modify meaning/intent of laws
Entitlement spending is - percent of budget
65%
Whet fraction of discretionary spending is military spending, whet percent
3/5s, 20%
3 largest entitlement programs
- Social security
- Medicare
- Medicaid
When does fiscal year begin?
Feb
What is fiscal year
Oct-sept
Which executive office agency helps president make budget
OMB
Which Congressional Staff Agency helps congress with budget?
CBO
Who passes budget resolution
Budget committee
After budget resolution…
Appropriations committees figure out how they will spend their assigned portion
Omnibus bill
1 large bill voted on the floor as one vote that all appropriations committees bills are in if they aren’t completed by August
Who creates reconciled version of budget to be approved by both houses
Conference committee
Pres can - or - reconciled bill, probably won’t - if budget is late
Veto, sign, veto
Continuing resolution
Passed by cong if budget isn’t approved by beginning of fiscal year, allows fed spending to cont at previous levels)
Bureaucracy, formal or informal
Informal
Webers 6 elements of bureaucracy
- Hiearchial authority
- Task specialization
- Clear goals
- Extensive rules
- The merit principle
- Impersonality
Who supervises bureaucracy
Congress and president
Functions of bureaucracy (4)
- National maintenance (carry out necessary functions of national govt orig four depts)
- Clientele services
- Regulation of private sector (now includes regulating economy, regulatory agencies like food and drug admin, regulating society with organizations such as OSHA)
What are the two divisions of executive staff?
Policy creation and policy implementation
Which law est merit system
Pendleton act
Hatch act
Forbid civil service employees from engaging in political party activities, has been softened bc of 1st amendment free speech violation to allow all activities except running for office
Civil service reform act of 1978
Reorganized agencies that oversee civil service in order to eliminate previous conflicts of interest
Who oversees hiring of civil service
Office of personnel management
Who oversees employee challenges to hiring, firing, and promotion
Merit systems protection board
4 types of federal bureaucratic agencies
- Executive depts
- Independent regulatory commission
- Government corporation
- Independent (executive) agencies
Quasi legislative
Right to make rules and regulations having force of law
Quasi judicial
Right to hold hearings on and conduct investigations into disputed claims and alleged infractions of rules and regulations and to make decisions in the general manner of courts
Largest single bureaucratic agency
USPS
Which law est merit system
Pendleton act
Hatch act
Forbid civil service employees from engaging in political party activities, has been softened bc of 1st amendment free speech violation to allow all activities except running for office
Civil service reform act of 1978
Reorganized agencies that oversee civil service in order to eliminate previous conflicts of interest
Who oversees hiring of civil service
Office of personnel management
Who oversees employee challenges to hiring, firing, and promotion
Merit systems protection board
4 types of federal bureaucratic agencies
- Executive depts
- Independent regulatory commission
- Government corporation
- Independent (executive) agencies
Quasi legislative
Right to make rules and regulations having force of law
Quasi judicial
Right to hold hearings on and conduct investigations into disputed claims and alleged infractions of rules and regulations and to make decisions in the general manner of courts
Largest single bureaucratic agency
USPS