Untitled Deck Flashcards
What are the qualifications of the President?
Natural born citizen, 35 years of age, US resident for 14 years
What did the Framers fear?
A “ConsItitutional Monarch” a reelected tyrant
Describe the 22nd amendment
It was ratified n 1951. This prevents a president from serving more than 2 terms, and limit VP from serving more than 10 years if he came into office by death, resignation or impeachment of the predecessor
What was the initial duty of the VP? What did framers fear about the VP?
The duty of the VP was to assume the office of the president. Then they made him presiding officer of the Senate. They feared if the presiding officer was chosen from the Senate, one state would be down a representative
What else can the VP do?
He/she can vote if there is a tie
What is impeachment?
The power delegated to the House to charge to president, VP, and other officers with treason, bribery, and other high crimes and misdemeanors. This is the first step in removing government officials from office.
How does the impeachment process work?
The House initiated impeachment with a majority vote. The Senate acts as the court of law and tries the officer. With a 2/3 majority vote the officer is removed.
What is executive privilege?
An implied power that allows them to refuse to disclose information regarding confidential conversations or national security to Congress or the judiciary.
Describe US v. Nixon
A supreme court case from 1974 ruling on the power of the president, holding that no absolute constitutional executive privilege allows a president to refuse to comply with a court order to produce information needed in a criminal trial.
How many presidents have died in office?
8
What Act was passed in 1974?
The Presidential Succession Act, which lists the succession order
What is the 25th amendment?
Passed in 1967, It establishes procedures for filling vacancies and procedure to deal with a disability of a president.
What happens if there is a vacancy in the VP
The president can appoint a new VP, with a majority vote in both houses of congress
Line of succession?
VP, Speaker, pres. pro tempore, secretary of state, treasury, defense, attorney general, secretary of interior, agriculture, commerce, labor, health and human services, housing and urban development, transportation, energy, education, veterans affairs, homeland security
What are the formal constitutional powers of the president?
Administrative head of the nation (Directs various executive agencies), commander in chief, convene Congress in a special session, veto, appoint officials (federal judges, ambassadors, cabinet members), make treaties, grant pardons, statutory powers-congress sets for the president by passing laws and statutes (declaring national emergencies)
Informal/inherent powers
How have presidents expanded their power?
They take actions that have exceeded commonly held notions of the Presidents proper authority
Informal/inherent powers
Removal power, persuasion, bully pulpit, crisis manager
Informal/inherent powers
What happens when a president attempts to take a power?
The supreme court could allow it or block it
Informal/Inherent Powers
What happens when a president claims a new power
He sets a precedent for future presidents
Informal/Inherent powers
Executive orders
Presidential directives that carry out the force of law. Not said in the constitution. Ensure laws are “faithfully executed”. The best interest of the nation.
Informal/Inherent Powers
Executive agreements
They are similar to executive orders, and used instead of going through formal treaty power. They can be altered of ended by later administrations
Informal/Inherent Powers
Emergency powers
Suspension of Habeas Corpus-Lincoln
Internment-Roosevelt
Guantanamo-Bush 43
The appointment power
The president can appoint people to help him carry out laws, he needs to advice and consent of the Senate. He can remove the appointees at will.
What is a cabinet
A formal body of advisers chosen by the president to help him make decisions and execute laws. They head the 15 executive departments.
How can the president convene Congress?
By informing Congress of the state of the union. They can convene one/both houses on an extraordinary occasion
Making treaties
The president can make treaties with foreign nations, but 2/3 Senate members must approve.
What does congressional fast tracking do?
It protects a presidents ability to negotiate trade agreement with confidence that Congress wont alter the accords. Trade agreements submitted under fast tracking require an up or down vote in Congress within 90 days
How do presidents use executive agreements?
They can try sidestepping the constitutional advice and consent for ratifying treaties and approving trade agreements
What are executive agreements?
They allow the president to form secret and sensitive arrangements with foreign nations, without Senate approval “advice and consent”
Veto
Formal power that allows the president to reject bills passed by both houses of congress, preventing it from becoming a law
How can Congress override a veto
With 2/3 vote in both houses
Line Item Veto
Chief executive can delete a part of the bill passed by the legislature that involves taxing/spending. This was ruled unconstitutional in Clinton V. City of NY (1998) because it gave powers to the president denied to him by the constitution
What are the seven hats of the president?
Chief of the Executive Branch, Head of State, Foreign Policy Leader, Commander in Chief of the Armed Forces, Legislative Leader, Economic Leader, Political Party Leader
What does the chief of the Executive Branch do?
Oversees federal agencies, appointing their directors and creating policies. (Congress must approve the appointments.) The President also appoints federal judges and Supreme Court Justices.
What does the Head of State do?
The President represents the U.S. at official functions at home and overseas, meeting with other nations’ leaders, honoring special accomplishments of Americans, and promoting U.S. ideals
What does Foreign Policy Leader do
The President makes or directs treaties (agreements) with other countries, which Congress must approve. A President also directs aid to other countries and sets policies that affect U.S. relations with other nations.
What does Commander in Chief of the Armed Forces do?
head of all branches of the U.S. military. A President may send troops into action, but only Congress can declare war.
What does Legislative Leader do?
Only Congress can pass laws, but a President may propose them, and sign bills into law (approve them) or veto (reject) them. Congress can override a President’s veto by a two-thirds majority vote in both houses.
What does economic Leader do?
The President makes plans and creates programs to keep the federal government’s budget running smoothly, such as creating jobs or asking Congress to raise or lower federal taxes.
What does Political Party leader do?
a President supports candidates of his party who are running for office, helps the party raise money for campaigns, and appoints party members to key positions
What did the Wars Powers resolution do?
It limited the presidents authority to introduce American Troops into hostile foreign lands without congressional approval and it also limits time of deployment
What is a pardon?
Executive grant releasing an individual from the punishment or legal consequences of a crime before or after conviction, and restores all rights and privileges of citizenship
What were Washington’s future precedents? (4)
- Introduced the idea of federal supremacy through the executive branch collecting taxes that Congress levied.
- Began the cabinet system by meeting with his advisors
- He conducted foreign affairs and negotiated treaties then the Senate approved them. Then, the Senate just approved treaties, and not negotiating with foreign powers
- Strict neutrality. Established Inherent powers-powers that belonged to the president which can be inferred from the constitution (conducting diplomatic relations)
Richard Neustadt
The greatest presidential power was the power to persuade. Congress is a dispenser of authority and s a part of the administrative process. Federalism and the bill of rights adds separate institutions. The press is the fourth branch of government. Authority gives him an advantage when persuading. Workers need for the job/fear of losing it is the presidents advantage. Persuasion is the power to bargain.
What is impoundment?
When a president doesn’t spend money that has been approved by Congress.
limits and examples of Emergency Powers
Inherent powers used by the president during a national crisis. EX) FDR-internment, Lincoln-suspension of civil liberties, Truman-seizing steel plants during Korean War (unconstitutional), Bush 43-wire tapping
Limits to executive orders
Must be published in the federal register, can be revoked by future presidents, can be found unconstitutional
Limits and examples to executive privilege
EX) Bush 43 kept homeland security from testifying before Congress, Nixon-Watergate, Clinton-scandal. The limits were found in US v. Nixon; judge denied Clinton’s claim
Limits to the War Powers Resolution
48 hours to notify Congress, 60 days to get approval from Congress, 30 days to bring troops home if Congress disapproves.
President leadership
Having programs adopted or implemented depends on his leadership, personality, persuasion and how well the public supports him. A big part of the presidents success is if the public an Congress supports him
Presidential Leadership and personality
Power flows through the white house and shapes the destiny of presidents, it can provide support for them. Persuasion is crucial so they can get their policy goals enacted and win support through the electorate. Persuasion comes from charisma and ability to make people do things they normally wouldn’t do.
Going public
Presidents used to gain support for programs through the Bully Pulpit. Although the media has made communications easier. President, first lady, and advisers travel to publicize their views and build support. Direct presidential appeals are referred to as “going public”-a president delivers public news in hopes that citizens will put pressure on elected officials supporting what the president wants.
What does the president do in proposing and facilitating legislation?
Sets the legislative agenda when Congress is divided, they propose plans early in the administration, build coalitions in Congress.
What is the presidents role in the budgetary process and legislative implementation?
He sets national policy and priorities through budget proposals, outlines programs and how much funding they get,
What is the presidents role in the budgetary process and legislative implementation? (concerning the OMB)
1939 it was created so Congress knew how much was needed to run the executive. Now it prepares the presidents annual budget proposals, and reviews the process budget and programs of the executive department agencies. Conducts details analysis of the proposed bills.
How does the president exemplify policy making through executive orders?
By issuing signing statements-written comments attached to a bill. This only comments on the bill but it also includes controversial claims. It can invite litigation and delay policy implementation. This is an unchecked way for the president to assert himself in the ongoing power struggle with Congress.
What is Schlesinger’s “Imperial Policy”
It is American Exceptionalism and the role of the US in global affairs, especially during the cold war. They needed to promote democracy and freedom worldwide. He also warned against overreach and imperialism where the US might impose their values too much. Secrecy promise government 3 advantages: power to withhold, the power to leak, the power to lie
What is the Pyramid Structure of the White House
It is a system of hierarchy. At the top there are important people like president and they make the major decisions, Middle is the agencies and departments. They have a lot of power but not the most. The lower level are the local government officials.
What’s the circular structure of the White House?
It is more collaborative because it makes it easier for people to talk with the president. Everyone has shared authority instead of the president being at the top. It can promote quicker communication.
What is the ad hoc structure of the White House?
It is when the president assigns specific people to carry out specific jobs.
Basic definition of the Vice President
He works alongside the president. He is chosen by the president to politically and geographically balance the presidential ticket. The president chooses how much power he gets.
What is the cabinet?
The heads of executive departments selected by the president. They help the president execute laws and assist him in making decisions.
Describe the Executive Office of the President (EOP)
FDR established this to help his New Deal Programs. It is a mini bureaucracy created in 1939 to help the president oversee the executive branch. The advisers and offices are located in the Eisenhower Executive office building. They are the prime policy makers and advance presidential policy. Members are National security, economic advisers, OMB, VP office etc.
The White House Staff
They are directly responsible to the president as well as personal assistants. They are senior aids, deputies, and clerical and administrative aids. They are not subject to Senate confirmation and don’t have divided loyalties. Their power relates directly to the president, they have no independent legal authority. Chief of staff makes sure everything is running smoothly in the staff and executive branch. They protect the president.
Important white house aides
Domestic, foreign and economic policy strategist, communications staff, white house council, liason between pres. and Congress.
Early government departments
Under the AoC 3 departments existed: Foreign Affairs (state), Wars (defense), Treasury. They were appointed as secretaries with Senate approval but the president could remove them. 1816-1861 the executive and bureaucracy grew which led to more departments.
Spoils system
Firing public office holders of a defeated political party to replace them with loyalists of the newly elected party
What was the spoils system a form of?
It was a form of patronage-jobs, grants, and other special favors given as rewards to friends and political allies for their support
The Civil War and the growth of government
Poor harvests and distribution problems led to more government agencies. Agriculture 1862 was created to feed troops. It wasn’t given full cabinet status till 20 years later and it informed farmers about developments in soil conservation, livestock breeding, and planting. Pension office 1866 was created to pay benefits to union veterans. Attorney General (Justice) became a department in 1900.
Merit System
Garfield changed the Spoils System to the Merit system-a system of employment based on qualifications, test scores, and ability rather than party loyalty.
Pendleton Civil Service Reform Act 1883
Since Congress failed to pass the Merit System they passed the CSRA-reform measure that established the principle of federal employment on the basis of open, competitive exams, and created the bipartisan 3 member civil service commission, operated until 1978.
Civil Service system
the merit system by which many federal bureaucrats are selected
What a bureaucrats?
Government employees that work in cabinet level departments and independent agencies.
People who are not covered by the civil service system fallen into what three categories?
- appointive policy making positions-Appoint top hierarchy bureaucrats “Schedule C” political appointees
- Independent Regulatory commissioners-100 appointed commissioners that are independent to the presidents direct orders
- Low level, nonpolicy patronage positions-concern administrative assistants to policy makers.
What are the 15 cabinet departments?
State, Treasury, defense, justice, the interior, agriculture, commerce, labor, transportation, housing and urban development, health and human services, energy, education, veterans affairs, homeland security
Independent executive agencies
Governmental units that closely resemble a cabinet department but have narrower areas of responsibility and perform services rather than regulatory functions. They serve the president. They exist apart from executive departments for practical/symbolic reasons. CANNOT MAKE RULES. ex)NASA. they are an organization not located within a department but they report directly to the president
Independent regulatory commissions
Agencies created by Congress to exist outside the major departments and regulate a specific economic activity or interest. They are free from partisan political pressure. President can not easily remove them. Far away from immediate political pressure
Government corporations
Businesses established by Congress to perform functions that private businesses could provide. Postal service, AMTRAK, Federal deposit Insurance corporation all charge a fee. Form corporations when the financial incentives for private industry to provide are minimal They are different from a private corporation-no stockholders, doesn’t pay taxes on profit
Political Activities Act 1939 (Hatch Act)
Prohibited federal employers from making political contributions, working for a specific party, campaigning for a candidate. People thought this was to extreme so in 1993 it was liberalized to allow employees to run for public office in nonpartisan elections, contribute money to political organizations, campaign for/against a candidate in partisan elections. Federal employees still cant engage in political activity while on duty, solicitation contribution from the public, run for office in partisan elections. Although all these rules were difficult to enforce.
Implementation
The process by which a law/policy is put into operation
Iron Triangles
The relatively ironclad relationships and patterns of interaction that occur among agencies, interest groups, subcommittees/committees
Issue networks
The loose and informal relationships that exist among a large number of actors who work in broad policy areas, include agency officials, Congress members, interest group lobbyists, lawyers, consultants etc. They change as members with technical expertise or newly interested parties become involved in issue areas and others fade out
Interagency councils
working groups established to facilitate the coordination of policy making and implementation across a host of agencies
Policy coordinating committees
sub cabinet level committees created to facilitate interactions between agencies and departments to handle complex policy problems.
How does the bureaucracy influence the policy making process
They make decisions on a day to day basis. They make ruled and administrative adjudication
Administrative discretion
The ability of bureaucrats to make choices concerning the best way to implement congressional or executive intentions
Rule making
Legislative process resulting in rules governing the operation of all government programs that have the force of law, they have characteristics of a Legislative act.
administrative adjudication
A judicial process in which a bureaucratic agency settles disputes between two parties in a manner similar to the way courts resolve disputes.
Define the Bureaucracy
the home given to a large organization that is structured hierarchically to carry out specific functions. They are divided according to the specialization and expertise of the employees.
What is the size of the bureaucracy
1789-3 departments: state (9), war (2), treasury (39), office of attorney general. There are subcontractors, consultants etc.
Organization in the executive branch
15 cabinet departments which play a major role in the federal government. They are line organizations which means they report directly to the president. The president can ask for a new department or abolish one WITH Legislative approval. All of them have secretaries, levels undersecretaries and assistant secretaries. Presidents can appoint/fire top officials but people below the top level are permanent.
Independent Regulatory Agencies
Responsible for a specific area of public policy. They make an implement rules and regulations in a particular sphere if action to protect the public interest. Independent of all three branches although their powers combine all three branches. They were set up because Congress couldn’t handle the complexities and technicalities required to carry out specific laws in the public interest. Members of the board are appointed by the president (don’t report to the president)and confirmed but Senate. Members cant be from the same party.
Congressional Control
They can confirm/reject nominees to top bureaucratic position. They can create or abolish departments and agencies, transfer agency functions and expand or contract bureaucratic discretion.
What are the two types of government oversight?
proactive-congress sets its own agenda for programs and agencies to review
reactive-involves a congressional response to a complaint filed by a constituent, politically significant actor, or the media
Enabling Legislation
Since Congress can not oversee everything they give power to bureaucrats and that states the name purpose composition functions and powers. These laws are very vague so the agency implements them as the unelected policy maker. There can be pushback with the bureaucrats and agency
Rule Making
Regulation has to be in the federal register so interested parties can comment. 60 day waiting period before the rule can be enforced. In the 60 days, interested parties can ask Congress to overturn the regulation. Even after, it can be challenges in court
Negotiated Rule Making
NRMA 1990 authorized agencies to allow those who will be affected by a new rule to participate in the rule drafting process. Published in the federal register then interested parties can apply to be a part of negotiating committee. A neutral third party presides over the proceedings
Iron Triangle
A three way alliance among Congress, bureaucrats, interest groups. Bureaucrats regulate interest groups. Interest groups seek electoral support from Congress and congress funds and politically supports bureaucrats. Bureaucrats make policy choices for Congress, Congress provides legislation and oversight for interest groups and interest groups provide congressional support via lobby to bureaucrats.
Issue Network
A bigger form of the iron triangle that is more specific. The people within interests groups/bureaucracy, the media, scholars, kinda of interest groups, members of congress etc.
Congressional Control of the Bureaucracy
Congress specific the powers of an agency and they have the power of the purse. They perform oversight through investigations and hearings and asking the government accountability office to investigate agency actions. CBO oversees. Congressional Review Act 1996 created procedures that allows Congress to express displeasure with agency actions.
