AP Gov: Executive Branch
Twenty-second Amendment
-Passed in 1951, the amendment that limits presidents to two terms of office.
Executive privilege history
-U.S. v. Nixon (1973) rejected claim of absolute executive privilege in Watergate tapes, but acknowledged the validity of the executive privilege claim
Roles of the President: Chief of State
-In this role, the President is a symbolic leader of our country. -He performs many ceremonial duties. -As chief of state, the President: -entertains foreign leaders with formal dinners -promotes worthy causes (such as posing with the March of Dimes poster child) -recognizes citizens who have made outstanding contributions to their community or nation -bestows medals on military heroes -throws out the first pitch at baseball games -hosts the White House Easter Egg Roll -upholds ideals of the U.S.
Repeated Invoking of 2001 AUMF
-(since 2001) In the first sixteen years of the War on Terror, the AUMF resolution has been used for more than 37 military operations in 14 countries. -used as rational for military force in mostly middle eastern countries, africa, and the phillipines
recent history of regulations and regulatory agencies
-130 years since then: numerous other regulatory commissions have been created -gov agencies make/enforce rules to protect public interest from sector of the economy -ex: EPA (environmental protection): makes rules to protect non-economic interests in resources (clean air, water) -liberals think the gov is important in regulation -more info on independent regulatory commissions card
history of regulations
-1st 100 years of US history, federal government made almost no regulatory policy -1st time that they did was in 1887 when congress passed a law for interstate commerce commission (to regulate the railroads (regulate commerce/business)
Vice Presidency
-The Vice President plays 2 roles: -President of the Senate (run senate when they chose and can be the tie-breaking vote) -Successor to the President of the US if president is unable to fill his duty
Independent Regulatory Commissions Commissioner
-5-10 commissioners to control a commission appointed by president and approved by senate -commissioners can have 6 terms -not easy to fire commissioner from regulatory agencies and must show just cause (ex: crime, etc) -want to find someone with expertise and have specialization -often people who work their way up: work in private sector before work in the regulatory sector they now work in (revolving door) -some people prefer a commissioners in control who does not have a cozy relationship with a certain sector of the economy
Twenty-fifth Amendment
-A 1967 amendment to the Constitution that establishes procedures for filling presidential and vice presidential vacancies and makes provisions for presidential disability. -discharge president if unable to continue
Standard-operating procedure
-the rules that lower-level bureaucrats must follow when implementing policy, regardless of whether they are applicable to the situation at hand
Independent Regulatory Comissions
-A government agency with responsibility for making and enforcing rules to protect the public interest in some sector of the economy and for judging disputes over these rules. -not all identical - some have more discretionary authority than others -exs: FDA (regulate process of developing vaccines), FEC (federal election committee regulates elections), FTC (trade commission so regulates foreign trade), NRC (regulate nuclear power), EPA, FCC, SEC, etc
Government Corporations
-A government organization that, like corporations, provides a service that could be delivered by the private sector and typically charges for its services. -some built like bureaucracies -ex: postal service (gov service which charges for service, compete with private companies in the private sector)
pocket veto
-A veto taking place when Congress adjourns within 10 days of submitting a bill to the president, who simply lets it die by neither signing nor vetoing it. -used sparingly -pres can ignore it
Prosecutorial Discretion
-The choice the government has about what to prosecute or what not to prosecute. -Example: President Obama declines to impose criminal charges that would trigger mandatory minimum sentences for non-violent, low-level drug offenders (2013-2016)
when rule doesnt match the situation ...
-there is a problem -implementing the law is then inefficient and wasteful -high level bureaucrats do enjoy some discretionary authority in some agencies (to make choices for course of action)
Discretionary Authority
-The extent to which bureaucrats can choose courses of action and make policies not spelled out in advance by law -regulations, purchasing criteria, administrative adjudication -bureaucrats have to be careful with discretionary power bc being watched by congress (oversight)
legislative initiative
-The president's inherent power to bring a legislative agenda before Congress -president has unlimited opportunities to set agenda -ex:press conference for what he wants America to be and what he wants Congress to do when he has the state of the union address once a year; talks about where america is now and where America should go and lays out hopeful policies -able to move public opinion
How does Congress exert control over Bureaucracy?
-Advice & consent power (for nominations for agencies so have authority to help chose leaders of agencies) -Annual appropriations - typically downsizing rather than terminating of a program (fund agencies) -Investigations- Congress may initiate systematically or based on a complaint (usually do an annual or semi-annual review with investigations but also do if there is a complaint) -Committee hearings- call on bureaucrats and witnesses to testify about agency decisions to gather details -Sunset legislation - establish a date of expiration for the law (cut power) -Pass explicitly detailed legislation (dont be vague/ambiguous bc then allow bureaucrats to make decision or president to take power to implement law with signing statement - should give clear instructions)
What does a bureaucratic structure offer?
-Allows Congress to achieve policy objectives through the enactment of laws -Utilizes specialization and repetition of task to increase productivity and efficiency (develop expertise) -Allows Congress to delegate responsibility and pursue other goals (bureaucracy implements policy so congress can pursue other things)
Signing Statements
-A written comment issued by a President at the time of signing legislation. -can be good and simple about how legislation meets needs but can be controversial -The more controversial statements express the intention to ignore a provision in the law or to implement it own way by only implementing in ways they believe is constitutional. -Critics argue that the proper presidential action is either to veto the bill or to "faithfully execute" the laws. -implementing laws different with signing statement causes conflict with congress but veto causes warfare -might avoid vetoing a large bill if like majority of the bill to avoid a showdown with congress -can sign the bill and say that he is unsure of portion of the language/constitutionality (express hesitancy of fully enacting the law) -can raise objections and possibly not follow through with full execution bc executive power rest with presidents
How does the President exert control over Bureaucracy?
-Appoint the right people (former campaign staff - loyal to executive branch to be eyes for the president in an agency) -Issue executive orders (help implement policy) -Reorganization of gov (restructured executive branch - ex: numerous agencies put inder dept of homeland security when it was created) -executive and legislative branch work together
the president...
-wears a lot of different hats / has a lot of responsibilities -not a one man show (enormous gov apparatus and has important resources)
Presidential Succession
-As a result of the Presidential Succession Act (1947), the following officials are in line to succeed the President: 1. Vice President 2. Speaker of the House 3. President pro tempore of the Senate 4. Secretary of State 5. Secretary of the Treasury 6. Secretary of Defense 7. Attorney General 8. Secretary of the Interior 9. Secretary of Agriculture 10. Secretary of Commerce 11. Secretary of Labor 12. Secretary of Health & Human Services 13. Secretary of Housing and Urban Development 14. Secretary of Transportation 15. Secretary of Energy 16. Secretary of Education 17. Secretary of Veteran's Affairs 18. Secretary of Homeland Security
Who do bureaucrats answer to?
-Authority over bureaucracy is shared by several institutions (mostly president and congress) -Most federal agencies also share their functions with state and local agencies -Many agencies are also closely scrutinized and frequently challenged by individuals and interest groups (answer to powerful individuals in interest groups) -criticism is always coming from different people -job is not to keep people happy but to implement policy - need to think ab what congress intends
Post-911: 2001 authorization for the use of military force (AUMF)
-Authorizes the use of force against those responsible for the 9/11 attacks (al-Qaeda) and any associated forces (Taliban) -near unanimous support from congress (only 1 person didnt approve)
Character of Presidency: Energetic
-Capable of taking quick, aggressive action -A national emergency can lead to political appeals and presidential demands for new executive powers for expeditious action -Ex. economic crisis, war -constitutionally based power (energy) -- stabilize gov, provide security, property, prevent anarchy/tyranny -no healthy republic without strong chief executive -had to have power to deal with a crisis
The Lone Dissent in Congress for the AUMF
-Congresswoman Barbara Lee (D-Calif.) was the only member of Congress to vote against the resolution. -In her statement, Lee said: "We are not dealing with a conventional war. We cannot respond in a conventional manner. I do not want to see this spiral out of control... we must be careful not to embark on an open-ended war with neither an exit strategy nor a focused target. We cannot repeat past mistakes." -she was worried the use of military force would spiral out of control to a full war and violence; if no specifics in authorization, there there is the possibility to lead the US into a long war
Character of Presidency: Independent
-Decision-making by a single executive rather than collective leadership -Collective decision-makers often feel pressure to cede power to unitary deciders in a time of crisis -office of independence because wanted to reduce possibility of concentration of power in 1 individual in a collective leadership so went with one single executive) -collective decision making leads to 1 person deciding for group anyways
Delegated Powers
-Delegated: powers that are assigned to the executive branch by the legislative branch -legislature empower president/executive branch (power assigned by congress/legislative branch) -ex: "The executive Power shall be vested in a President of the United States of America" - Article II, Section 1, Clause 1
Independent Executive Agencies
-Essentially the rest of government. -These organizations are not part of an executive department. -Administrators are appointed by the president and serve at his will. -not part of any executive cabinet dept -enjoy independence/autonomy -ex: CIA (not directed by president, has autonomy); federal reserve (monitory policy to deal with inflation, interest rates, borrowing money); national archives (official records or documents of national gov) -president has limited ability to control them
Two other opportunities for the president to utilize his power to say NO:
-Executive privilege -impoundment of funds
President with a lot of vetoes
-FDR -serve long number of terms (4 terms) -served during critical time (great depression and WWII) so he vetoed if he didnt like a clause so he has a lot of vetoes
History of Veto
-From Washington → George W. Bush: over 2,500 vetoes, only 106 overrides (4%) -From 1945 to 1992 there were 434 vetoes of 17,000 passed bills (2.5%), 47 overrides (10.8%) -usually use veto sparingly (especially recently bc less legislation passed frequently that would invite veto)
How do bureaucrats implement policy?
-Generally, laws determine only the guidelines for meeting governmental goals, allowing bureaucrats to develop specific policies and programs -there is a standard operating procedure -take policies passed by congress or direction by president and execute the law -most bureaucracies perform tasks according to designated rules (most not making decisions, just administering policy)
Roles of the President: Chief Legislator
-He recommends laws while advising and guiding the Congress in its lawmaking activities. -Each year in January as legislative leader, the President gives his State of the Union Address to a joint session of Congress. This speech evaluates the country's domestic and foreign position and suggests what the President would like to accomplish in the next year. -Even after legislation (a bill which passes both houses of Congress), the bill does not become law until the President signs it
Presidential Transition
-If the President is unable to perform the duties of the office, the Vice President becomes acting President one of two ways: -The President informs Congress in writing that he is "unable to discharge the powers and duties of his office" or: -The Vice President and a majority of the members of the cabinet, inform Congress, in writing, that the President is so incapacitated -In either case the President may resume duty by informing Congress the inability no longer exists. -However the Vice President and cabinet may challenge this score and this gives Congress 21 days to decide the matter. -RESULT OF THE TWENTY-FIFTH AMENDMENT (1967)
The Vice-President succeeds the President in one of four circumstances.
-If the President: -Dies -Resigns -Is Impeached and convicted -Is judged by special procedure that he is unable to complete the duties of his office (if VP and cabinet feel the president is not able to handle the duties of office, they can transition power to the VP)
Character of Presidency: Powerful
-To protect the nation's interests vis-á-vis other nations -To promote the national government's interests relative to the states -wanted to make presidency powerful but debated at convention whether it should be -strong presidency won the day (only small number of expressed powers -- checked by legislative/judicial branches) -had to be strong to protect national/international interests
Inherrent powers
-Inherent: powers claimed by a president that are not expressed in the Constitution, but are inferred from it (concluded from reasoning rather than from explicit statements) -ex: lincoln took actions without congressional approval in civil war: enlarged size of the navy, assigned appropriations to military, got rid of habeus corpus in the border states, etc -took these actions bc could be justified as commander in chief -doesnt specifically say can decide on own to build up navy, spend money, etc but since pres is the commander in chief, comes with inherrent power -ex: "he shall take care that the Laws be faithfully executed" - Article II, Section 3: pres faithfully execute laws; like when one pres put justices under protection when threatened which is reasonable bc goes with executing laws (needs to be reason in expressed/enumerated powers of the pres)
Line-item veto history
-Line Item Veto Act of 1996-a reform bill that permitted enhanced rescissions- the power not to spend an appropriation (in the public interest) -Clinton used 11 times in 1997 to strike 82 items from the federal budget totaling $1.9 billion -Clinton first used the line-item veto in August to strike three provisions from a budget bill. He then struck 38 items from a military construction bill totaling $287 million worth of cuts in October. Congress did override the President's rescission of the 38 items in the bill -Though Republicans made passage of the line-item veto part of their 1994 Contract with America, some GOP lawmakers reacted angrily when the president first used the new presidential power. -Supreme Court ruled this procedure was unconstitutional in 1998 - Why? (Presentment clause- interpreted as a requirement that legislation passed by both houses of Congress be submitted to the president for signature or veto in its entirety. Also, viewed as a violation of separation of powers.) -declared unconstitutional bc giving pres legislative power (president doesnt get to separate bill into parts he likes and doesnt like)
Impoundment of Funds History
-Precedent set by Jefferson's refusal to spend $50,000 on gunboats in 1803. -The Budget & Impoundment Control Act (1974) was passed in response to Nixon's large-scale use of the power -nixon refusing to spend funds appropriated by congress but later needs to notify congress and cant do this is secrecy and congress can force spending
Use of Signing Statements by Modern Presidents
-President Reagan issued 250 signing statements, 86 of which (34%) objected to one or more of the statutory provisions signed into law (reagan popularized signing statements - were usually positive) -President George H. W. Bush continued this practice, issuing 228 signing statements, 107 of which (47%) raised constitutional or legal objections. -President Bill Clinton made aggressive use of the signing statement, issuing 381 statements, 70 of which (18%) raised constitutional or legal objections. -President George W. Bush continued this practice, issuing 152 signing statements, 118 of which (78%) raised constitutional or legal objections. -President Barack Obama issued 30 signing statements affecting 99 specified provisions of law. Fifteen of the statements (50%) raised constitutional concerns.
Impoundment of Funds
-Presidential refusal to spend funds appropriated by Congress
Debating the Imperial Presidency: Proponents
-Proponents argue its justification comes from: -The Vesting clause of Article II - "the executive Power of the United States shall be vested in a President of the United States of America." -The Take Care clause - "The President shall take care that the laws be faithfully executed..." -has discretion to enact/ignore parts of bills -congress invites discretion if not explicit with its details of implementation
Executive Orders
-Regulations originating with the executive branch -Most concern procedures, etiquette, chain of command, etc. (how gov should operate) -Has evolved into a recognized presidential power to promulgate rules that have the effect and formal status of legislation. O FDR internment of Japanese (1944) O Nixon established the EPA (1971) -when congress isnt regulating (hyperpartisanship), there is an increased use of executive orders -treated as a law -allows president to navigate around congress -temporary: can be reversed/repealed by next president where president cant do that with the law
Cabinet Departments
-The 15 major departments are each headed by a secretary chosen by the president and approved by the Senate. Each is responsible for a broad area of government operations, has its own budget and staff.
Roles of the President: Chief Administrator
-The President coordinates the efforts of over 150 departments and agencies. -Some of the people who help him carry out these duties are his Cabinet (13 department heads) and the White House Executive Office Staff. -carry out law and oversee departments and agencies
Roles of the President: Commander-in-Chief
-The President is head of all the military forces. -He is responsible for raising, training, supervising, and deploying all the defense forces. (responsible for providing resources) -He reviews the troops and awards service medals. -The President meets with military officers, as well as civilian national security advisors.
Roles of the President: Chief Citizen
-The President is often viewed as the chief representative to all other nations. -Other nations judge us on the image the President projects as our "chief citizen." -projecting image and leading by example by demonstrating ideals Americans should follow -set example for American citizens
Roles of the President: Chief of Party
-The President is the leader of his own political party as long as he is President. The party helps to keep him informed on the needs of the nation and the reactions of the citizens to his programs. -Because he is the leader of his party, the President frequently campaigns for or endorses other candidates from his own party who are running for office.
Roles of the President: Chief Diplomat
-The President is the leader, initiator, and guide of our foreign policy. -He consults with leaders of foreign countries, performs ceremonial duties with foreign leaders and makes decisions for our country affecting our foreign affairs. -Some duties are: -appoints the Ambassador to the United Nations who speaks for the United States -negotiates treaties or agreements with other countries -travels to other countries around the world where his words reflect the United States' position and ideas on foreign affairs
A war without end?
-US has been in war since 2001 -20 years later, less than 1/3 of congress making approvals with AUMF -congress hasnt reasserted themselves in war of terror bc dont want to be held accountable and dont know what force to authorize (have trouble coming to agreement) -stuck in status quo bc too many worries ab doing something
Roles of the President: Chief Executive
-Under the Constitution, the President is the Chief Executive of the United States (more substance, major role) -In this role, the President actually runs our government. -He makes sure that laws are enforced -He appoints important officials -He grants reprieves and pardon
Executive Agreements
-Utilized as an alternative to treaties for the purpose of establishing relations with other countries -Has the force of a treaty but does not require Senate approval -The Case Act (1972) requires notification of Congress within 60 days, putting Congress in a position to either cancel it or refuse to fund it.
clientele agencies
-a department or bureau of government whose mission is to promote, serve, or represent a particular interest -foster and promote interests of clients (more than 200,000 employees added in the second half of the 19th century)
Unitary Executive Theory
-a.k.a. runaway or imperial presidency -Advocates of this theory support undivided presidential control of the executive branch and its agencies in the implementation of federal law. -members of congress mostly disagree with concept
federal bureaucracy employees
-almost 3 million employees (size makes it complex) -example: department of defense (DoD) - several agencies and smaller depts in the DoD (has 1.3 military, 700,000 civilians, and 80,000 national guard)
Line-item veto
-an executive's ability to block a particular provision of an appropriations bill passed by a legislature (i.e. narrowly targeted tax bills or expanded entitlement programs) -must be in writing within 5 days -Congress can override any of the president's cancellations -president can cut out line-item spending in appropriations bill in line-item veto
Discretionary Authority: on Purchasing Criteria
-anything from pencils to fighter jets -wide range of spending decisions -spending decisions are often very politicized bc bureaucrats understand that congress can overturn rules, cut funding/budget
Discretionary Authority: on Administrative adjudication
-apply rules or precedents to settle disputes
Debating the Imperial Presidency: Opponents
-argue that the Constitution explicitly empowers Congress to make rules and regulations for how the executive branch carries out his work
Bureaucratic Agencies
-cabinet departments, government corporations, independent regulatory commissions, independent executive agencies
Roles of the President
-chief of state, chief executive, chief administrator, chief diplomat, commander in chief, chief legislator, party chief, chief citizen -modern president taken advantage of ambiguity/gray area of presidential power (expand president power) -where does ambiguous formal power end to informal modern pres power begin?
Regulations
-control/curb individual behavior -regulations of commerce/business for a desirable goal
identify 3 reasons why the author asserts the founding fathers would be discouraged with bureaucratic clientelism?
-discouraged by private interests being served by public gov agencies -concerned ab majority factions -difficult to terminate/reduce benefits to group -- self perpetuated -ex: farmers want money, congress wants reelection, and bureaucrats want to keep congress happy
Enumerated Powers
-enumerated: specific language authorizing presidential action (specifically authorized in the constitution) -ex: military power (commander in chief of armed forces in article II section II) -power to appoint judges, select cabinet, veto, create treaty with another nation
Most organizations are bureaucratic ...
-ex: large corporation becomes somewhat bureaucratic -cant be simple if large (need chain of command, rules, logistics, procedures -- all complex)
modern presidency
-expansion of power increased in modern era bc article II of the constitution is most loosely drawn section in the constitution -language of article II ambiguous bc founding fathers had disagreements of what the chief should look like (conflicting views of presidency which left us with a lot of debate today) -originally only legislative branch -- executive branch added years later
Who is the federal bureaucracy's biggest client?
-farmers -ab 10 programs within the dept of agriculture -control loans/subsidies for farmers bc of possibility of poor harvests
Why hadn't the founding fathers placed greater restrictions on presidential power?
-focused more on congress at the convention -had faith in GW to run country (didn't want to disrespect him by placing a lot of restrictions) -respected GW's presence and didn't want to disrespect him because they thought he would set the example and make office great/honorable -also needed to balance gov so pres needed to be strong enough with a strong legislative branch -pres needed to be powerful enough to check the legislative branch when they exceed their power
Authors suggested reforms to address flaws of the office of the president
-further separate dept of justice from the pres (dept should work for people not the president) -clearer enumeration of presidential power -candidates name cabinet before election: votes make assessment of nominees -eliminate lame duck period
Modern President
-greater use of inherrent power -set gov agenda (primary responsibility for agenda setting) -more staff and resources than the past: heightened visibility (social media, press, etc) so heightened expectations so need more tools -taken initiative and set terms of discourse in America
Buereaucracy
-group of government departments, agencies, and offices -A "fourth branch" of the federal government? -A large, complex organization composed of appointed officials -literally means "rule by desks" (gov clerks/admins) -Most organizations are bureaucratic -usually has negative connotation (ex: waiting at the DMV, etc) -meant to promote/drive efficiency
How are bureaucratic agencies staffed?
-ideally full of qualified people (not always the case) -For the first 100 years, bureaucrats were political appointees (the spoils system - friends and loyal supporters of winning party rewarded with positions in the bureaucracy) -The Pendleton Act (1883) created a merit-based system which required qualifications for office (president appoints secretary and senate confirms, but beyond this, no more spoils system) -Two-thirds of civil servant jobs were awarded on merit (test) by 1909 -the other 1/3 of jobs in the bureaucracy have more qualifications than the civil servants test (also need a resume, past experience, education, professional life) -most civil service hobs are not in the federal government; most are at state and local levels
when a new rule is put in place ...
-it is not implemented automatically/new rules do not automatically take effect -weeks of notes and comments after rule is publicized and then up for debate and even public gets to weigh in -can be revised and then implemented
secretary of cabinet
-leader of major department and advisor to the president on policy -must be approved by senate
Why is bureaucracy inevitable in society?
-meet challenges as gov develops -work and personnel expand to consume available resources -economic challenges explain growth -development of diff socioeconomic classes (new groups looking to the gov) -needs of population are growing (greater, more diverse needs) so many gov agencies created b of evolving aspects of social and economic life
to what extent did the size of the federal bureaucracy grow during the second half of the 19th century?
-meet needs of farmers (department of agriculture) -serve the interests of labor (department of labor) -new businesses (department of commerce) -clientele agencies
"Alphabet soup" bureaucracies
-numerous regulatory agencies (alphabet soup of bureaucracy = regulatory commission agencies)
Character of Presidency
-office of presidency intended to be independent, powerful, energetic
War Powers Resolution Effects
-passed even though it was vetoed -restrict pres power to use military force -attempt to fix an error by giving johnson and nixon control over vietnam war - taking power back -no pres has acknowledged as constitutional - claim inherrent power for warfare -claim that congress has power for total warfare and has power for appropriations of warfare -presidents argue that this resolution is a breach of the separation of powers bc the pres has to wait for congress' response -few congress ppl challenge the president's war actions unless something went wrong or if public opinion very negative about military operation
Congress Power in War
-powers more empowered to react (reactive power/response) to circumstances -the president has more proactive powers -congress has challenged the president on all fronts (prisoners of war, use of torture, procurement/deployment of new weapons, arms sales, foreign aid, diplomats appointed, nuclear testing) -congress needs collective action (easier for president to carry out war than congress to collectively weigh in)
to what extent did the size of the federal bureaucracy grow during the first half of the 19th century?
-pre-civil war -growth of the postal service
What flaw in the constitution allows for a "runaway president"
-president commits action that voters wouldnt approve of -"immoral presidency" or unitary executive theory -not many way to hold the president accountable (other than impeachment, an out of control president cant be stopped) -gray area in impeachment (high crimes and misdemeanors)
War Powers history and background
-president is the commander in chief -congress has power to raise armies and navies and declare war -controversy ab who truly has power to send American soldiers into conflict -things change in era of vietnam: set stage for modern era -US congress hasnt declared war since 1941 (80 years) but american forces have engaged in war by president authorization -start in korea with truman's authorization -congrss retroactively provides approval -vietnam: began with congress approving the guld of tonkin resolution (president can take all necessary measures to prevent forces in vietnam - not official war) -limit nixon through limiting funding, public opinion, and attemptiong to crrect and error/mistake they made
Discretionary Authority: on Regulations
-produce rules that have the effect of law; restricting certain behaviors -ex: scientists help make rules within agency so have discretionary authority
Identify and Describe 5 examples of ambiguity in Article II in the Constitution that have given presidents the opportunity to expand the power of their office.
-shares powers with the senate (treaties, appointment nominations/power - pres may attempt to gain leverage with shared power) -"take care" clause that is vague: president has to faithfully execute and enforce laws but retains some discretion in interpreting the laws and determining how to enforce them -"vesting clause" : Executive Power shall be vested in a President -modern presidents use these general clauses to justify -4 month period between election and swearing in (interregnum - excessive pause between presidents)
Growth of the Federal Bureaucracy
-size of the federal bureaucracy hasnt really increased but bureaucracy has increased at state and local levels (20 million workers) -state and local employment increased by federal bureaucracy employment = stagnant (2.6 million employees w ab 600,000 postal workers) -federal employment has shrunk a little bit in reality but still debate if the federal government has grown too large or maybe too powerful/influential (too much control?) -growth of bureaucracy to serve the interests of certain groups of people
balance of power between congress and president with the veto
-the more the president vetoes congress, the more confrontational congress will be and the president cant achieve his agenda without congress' approval -needs to be careful with veto
Veto
-the power of the President to reject legislation passed by Congress -president doesnt actually have to veto, just signal intent to veto and cant get a better deal with congress -law without presidents signature if congress is still in session is 10 days and after these 10 days, the law is passed/implemented
Bully Pulpit
-the president's use of his prestige and visibility to enthuse/inspire the American public (speeches, press conferences, tweets)
Division of supply & command #1
1. Congress maintains power of the purse (appropriations) - control budget a. They can place conditions on continued appropriations or terminate funding (if president goes over the conditions set) b. They can pass legislation to confine the combat operation (prohibit president from expanding war)
War Powers Resolution (1973)
1. President must report in writing to Congress within 48 hours after he introduces U.S. troops into areas where hostilities have occurred or are imminent. 2. Within 60 days, Congress must, by declaration of war or other statutory authorization, provide for the continuation of hostile action by the U.S. 3. If Congress fails to provide such authorization, the president must withdraw the troops in the next 30 days.
Override
1. Require the support of two-thirds of both chambers of Congress 2. More attempts and successes likely under divided government (when legislative branch and executive branch controlled by different parties)
executive privilege
1. The claim that confidential communications between president and advisers should not be disclosed without consent of the President 2. Justification a) Separation of powers (Washington said House was not a part of treaty-making process) b) Need for secrecy or candid advice -doesnt have to turn over communications with advisors for national secuirty and so that advisors can speak candidly, etc
How President Vetoes a Bill
1. Veto message is sent within ten days of the bill's passage (explanation) 2. Pocket veto (only an option when Congress is in recess) 3. Often utilized for political reasons
Division of supply & command #2
2. Congress can exercise its oversight authority (investigations and hearings) -can call leaders of military branches to testify to find out facts and to respond
Division of supply & command #3
3. Congress can seek to influence public opinion
The Cabinet Departments
Department of State Department of the Treasury Department of Defense Department of Justice Department of the Interior Department of Agriculture Department of Commerce Department of Labor Department of Health and Human Services Department of Housing and Urban Development Department of Transportation Department of Energy Department of Education Department of Veterans Affairs Department of Homeland Security
The Budget & Impoundment Control Act (1974)
a) Requires president to notify Congress of funds he does not intend to spend or delays in spending b) Congress may pass a resolution refusing the delay and requiring the immediate release of funds