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Neustadt's Theory on Presidential Power

"Presidential power is the power to persuade" Presidents are expected to do much more than their authority allows them to do. Persuasion and bargaining are the means that presidents use to influence policy because they frequently can't command.

Bureaucracy

"The system of civil servants and political appointees who implement congressional or presidential decisions, aka the administrative state." "A professional corps of unelected officials organized in a pyramid hierarchy, functioning under impersonal uniform rules and procedures."

1932 to now is termed the...

"modern presidency" Presidents were often seen as little more than "chief clerks" implementing Congress's will Because the Constitution gave the President such limited power, Congress dominated the executive branch until the 1930s (with some exceptions).

"Pork"aka "pork-barrel legislation"

- bills to benefit constituents in hope of gaining their votes

Implementation

- carry out laws of Congress, executive orders of the President

Conference committee

- consist of both House reps and Senators formed to hammer out differences between House and Senate versions of similar bills

Select committee

- formed for specific purposes and usually temporary run investigations (ex. Aging, Intelligence)

Standing committee

- handle bills in different policy areas Ex. Appropriations, Agriculture, Armed Services, Science, etc. - most important and have been "standing" (existing) for a long time

regulation

- issue rules and regulations that impact the public (ex: EPA sets clean air standards)

administration

- routine administrative work; provide services (ex: SSA sends social security checks to beneficiaries)

Privileges and Compensation of congress

-Salary $174,200 per year (Leadership: $212,000) A full pension is available to Members of Congress who are: *62 years of age with five years of service; *50 years or older with 20 years of service; *25 years of service at any age. -Medical and dental benefits -Free office, parking, and trips to home state -Staff budget -Tax break on second home -Franking privilege - free postage on all mail to constituents

order of presidential succession

1. Vice-President of the U.S. 2. Speaker of the House 3. President pro tempore 4. Cabinet secretaries in order of department origin (State, Treasury, Defense)

Problems of the Bureaucracy

1.Red Tape 2.Conflict 3.Duplication 4.Waste

The Senate

100 members Emphasizes foreign policy

How big is the bureaucracy?

200+ independent agencies with 2,000+ bureaus, divisions, branches, etc. Biggest: Dept. of Defense, U.S. Postal Service, Veterans Administration President's office only appoints 3% of federal employees

party leader

A president is expected to support the party's platform, help raise money for the party, and campaign for the party's candidates. A potential conflict exists between the president as national leader and as party leader. Research has shown that presidents who do not embrace this part of their role are less effective.

Myths About Bureaucracy?

Americans dislike bureaucracy- Depends on how you ask, but collectively yes. Bureaucracies are growing bigger each year-The size of the federal bureaucracy related to the total U.S. population has significantly decreased in the last 50 years Bureaucracies are more ineffective, inefficient than private businesses- Not according to multiple studies, particularly those funded by the DoD

exceptions of modern presidency

Andrew Jackson Abraham Lincoln Theodore Roosevelt Woodrow Wilson ...provided the basis for the turning point that came with the presidency of Franklin Roosevelt in the 1930s.

constitutional qualifications of president

Article II, Sec. 1: • Natural born citizen • Resident of U.S. for 14 years • At least 35 years old

Who breaks a tie in the Senate?

As the "President of the Senate" the VP breaks any ties. Total of 268 times

punishment rules

Both houses make their own rules for behavior and punishments

Logrolling

Congress members exchange votes I'll vote for your thing if you vote for mine...

House of Representatives

Currently 435 members Emphasizes fiscal policy (government expenditures, revenues, and debt)

Chief Diplomat

Executive Agreements • Formal Obligations between US and foreign governments • Congress may refuse to fund the agreement); executive agreements are not necessarily binding on future presidents • Do Not require Senate approvalExample: Status of Forces Agreement (SOFA) Diplomatic Recognition Formal acknowledgment of a government as legitimate; this recognition allows the exchange of ambassadors

presidential terms

Four-year term 22nd Amendment: Ratified in1951 Limited to 2 terms (a total of eight years) If more than two years remain of the term when the successor assumes office, the new president may serve only one additional term.

Congressional Caucus

Groupings of members pushing for similar interests Ex: Sunbelt, Northeast-Midwest, Congressional Black, Women's, Democratic Study Group, Boll Weevils There are around 200 of them currently.

removal from office

House of Representatives Articles of Impeachment Requires simple majority Andrew Johnson, Bill Clinton, Donald Trump (2) Senate Conducts trial and can remove president Requires 2/3 majority No one removed

government shutdowns

If no appropriates bill before the start of the fiscal year on October 1, Congress and the Pres must pass stopgap funding for affected agencies and discretionary programs. If they can't even agree on that, then the gov't shuts down all non-essential services. Examples: Clinton 21 day shutdown Obama 16 day shutdown Trump 35 day shutdown

implementation includes

Implementation includes: • Creating and assigning an agency the policy • Translating policy into rules, regulations and forms • Coordinating resources to achieve the goals It involves translating the goals and objectives of a policy into an operating, ongoing program

Substantive representation

In which a member of Congress serves constituents' interests and shares their policy concerns.

Descriptive representation

In which a member of Congress shares the characteristics of his/her constitutents (gender, race, religion, ethnicity)

The Beginning of supreme court

John Jay was the first chief justice West v. Barnes First case the court ever heard About paying a mortgage in paper money vs. goldDecided on procedure (stamped by the wrong official)Chisholm v. Georgia Jay's decision leads to the 11th amendment prohibiting suits by individual citizens against states in Federal CourtJay felt job was so weak that he left to be Gov. of NY

committee and subcommittees

Most real work happens here Bills are passed, changed, ignored, or killed Membership is controlled by majority party, committee membership divided proportionally

Discretionary Spending

Must be authorized yearly

Nixon and the 25th

Nixon was first to use the 25th amendment. In 1973 Nixon nominated Congressman Gerald R. Ford of to fill the vacancy left by VP Spiro Agnew.

Redistricting

Process of redrawing legislative district boundaries every 10 years based upon changes in population. State legislatures determine district boundaries.

Regulatory problems

Raises prices May hurt U.S.'s competitive position abroad Sometimes it massively fails We need some level of regulation though. Where is the line?

Mandatory Spending

Required by law to continue Ex: Social Security

25th amendment section one

Section 1 In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

25th amendment section two

Section 2 Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress

25th amendment section three

Section 3 The President can send written declaration that he/she is unable to discharge powers, then VP takes over until president sends written declaration to the contrary.

25th amendment section four

Section 4 If VP and a majority of the cabinet believe the president is unfit, then Congress can declare the VP in charge. If president disagrees, then Congress assembles and votes with a 2/3 majority needed to prevent the president from returning to duty.

how a bill becomes a law step one

Step 1: Bill Introduction • Introduced in Senate or House (except tax bills which always start in the House) • Single or multiple reps can introduce bills • Ideas come from constituents, representatives, senators, the President, special interest groups

Federal Budget process step one

Step 1: The President's Budget Request • What the president recommends for economic policy • What the president wants in terms of specific program $ • How much total the pres wants for spending and taxing • Very detailed

how a bill becomes a law step two

Step 2: Committee • Bill is assigned to a particular committee by topic • Ex. Tax bill - Ways and Means Committee, Farm bill - Agriculture Committee • Bill is then placed in sub-committee (smaller group to study the bill more closely) • Bills are debated and "marked up" • Most bills die in committee, committee can vote to "report out" a bill, if not, it just dies out

Federal Budget process step two

Step 2: The Congressional Budget Resolution • Involves the House and Senate Budget committees • Then goes to the House and Senate to vote on • Cannot be filibustered• Doesn't go to president to sign • A more simple document, broad spending in 19 categories and how much overall tax to collect • Should cover at least 5 years, though often 10

Federal Budget process step three

Step 3: Enacting Budget Legislation Following adoption of the budget resolution, Congress considers the annual appropriations bills, which fund discretionary programs for the coming fiscal year Then considers legislation to enact changes to mandatory spending or revenue laws within the dollar constraints specified in the budget resolution. Sometimes they use a special process called reconciliation

how a bill becomes a law step three

Step 3: Rules Committee Before bill can go to floor in House, there must first be a setting of time limits and amendment regulations. Closed rule - sets time limits, restricts amendments Open rule - permits amendments Restrictive rule - permits some amendments

how a bill becomes a law step four

Step 4: Floor Debate Senate Debate • Less formal, no speaking limit • Filibuster - practice of stalling a bill w/ debate - Senator can talk his/her head off • Cloture - 3/5 of the Senate votes to stop a filibuster House Debate • More formal, no filibuster, strict rules

how a bill becomes a law step five

Step 5: Voting • Majority passes a bill • If the bill passes, it must go through the same process in the opposite chamber • If the bill passes one house and fails the other, it must start over (or dies in that chamber) • If the Senate and House cannot come to agreement over two versions of same bill, it goes to Conference Committee to iron out all differences so the bill can go on to executive for signature

how a bill becomes a law step six

Step 6: Presidential Action President can: 1. Sign bill - bill becomes law! 2. Veto bill - bill returns to Congress 3. Pocket Veto - President has 10 days to act on a piece of legislation. If he receives the bill within 10 days of the end of the Congressional session, and doesn't sign, it dies Congress can vote to override a veto with 2/3 vote in both houses.

The Judiciary Act of 1789

The Constitution authorized Congress to create the federal court system but provided no details This Act: • Established the multi-tiered federal court system • Set the number of Supreme Court Justices at six

Leadership in congress

The Majority party controls the most significant leadership positions House - Speaker of the House • Allows people to speak on floor • Assigns bills to committees • Influences which bills are brought to a vote • Appoints members of special and select committees Senate - Majority Leader • Schedules Senate business • Prioritizes bills

implementation examples

The Voting Rights Act of 1965 Generally considered a success Had a clear, concise goalThe plan to get there was clear Those carrying out the law had obvious authority and vigor to do so The Hurricane Katrina Response Too many political appointments, not enough civil servants Unclear objectives and goals Related agencies had no clear communication plan

Chief Legislator

The chief legislator sets some of the overall congressional agenda Often initiates, suggests, requests, insists, and demands that Congress enact certain laws Veto Power

chief of state

The chief of state is the ceremonial head of the government of the United States. As chief of state, the president presides over commemorations of war heroes, throws out the first pitch at baseball games, and attends funerals of world leaders, among other duties.

Execute Office of The President (EOP)

The executive office of the presidency (EOP) consists of agencies designed to help the president set policy. Because they are closer to the president than cabinet members, officials from the EOP frequently have more influence than cabinet members.

commander in chief

The head of all of the American armed forces— Army, Navy, Air Force, Marines, Coast Guard Considered "civilian control", meaning the leader of the military is not a professional military officer Frequently goes into conflicts without declaring war (which is a power of Congress)

Article 1 Section 8 (Constitutional Powers)

To lay and collect taxes, duties, imports To borrow money To regulate commerce (states and foreign) To establish rules for naturalization To coin money To create courts (except Supreme Court) To declare war To raise and support an army and navy

Duplication

Two agencies doing the same thing

Adam Warber's Executive Orders and the Modern Presidency: Legislating from the Oval Office

Warber systematically analyzes the strategic nature of close to 5,500 executive orders issued since 1936.

An executive order is

a directive handed down directly from a president that has much the same power as federal law.

Iron Triangles

a mutually dependent relationship between bureaucratic agencies, interest groups, and congressional committees or subcommittees • Exist independently of each other • They are tough, but not impossible, to get rid of Some argue they are being replaced by wider Issue Networks that focus on more than one policy.

Christmas-tree bill

bill with many riders (pork) • in Senate, no limit exists on amendments, so Senators try to attach riders that will benefit their home state

Joint committee -

consist of both House and Senate members similar in purpose to Select committee Meant to draw attention to issues

Presidents use executive orders to

direct and manage how the federal government operates.

Executive orders can only be given to

federal or state agencies, not to citizens. Even though they cannot be given directly to citizens, citizens are impacted by them.

reprieves

formal postponements of the execution of a sentence

Censure

formally reprimand, written in the record Fines and penalties may be set for some offenses

Expulsion

members with gross misconduct may be thrown out of office (requires 2/3 vote)

pardons

release from punishment, people convicted of crimes. Presidential pardons are absolute, and they cannot be overturned.

deregulation

the lifting of restrictions on business, industry, and professional activities

Basics of the Supreme Court

• 9 justices hold office for life • Nominated by the President • Confirmed by the Senate • A simple majority needed to prevail in making a decision • The Court is bound by the Constitution and its own past decisions (called "precedent") on Constitutional issues when it decides new cases.

congressional casework

• A special form of substantive representation • Personal aid to a constituent or a group of constituents • Typically by getting the government to do something • Similar to an ombudsman Ex: tracking a misdirected benefits payment; helping to fill out a government form; applying for federal benefits; explaining government activities or decisions; applying to a military service academy, seeking relief from a federal administrative decision; and, applying for U.S. citizenship

Special Powers of House of Rep.

• All money (appropriations) bills start here • Select the President if no majority in Electoral College • Write the articles of impeachment against high ranking officials

Presidents Try to Control It

• Appoint the right people to leadership positions • Issue executive orders • Reorganize an agency • Create a new agency (ex: Department of Homeland Security)

Special Powers of the Senate

• Approves all treaties • Approves all appointments • Chooses the Vice President in an Electoral College tie • Acts as the jury in all trials of impeachment

Roles of the President

• Chief of State • Chief Executive • Chief Diplomat • Commander in Chief • Chief Legislator • Chief of Party

Voting in the house

• Each member has a small plastic magnetic card which identifies them. • The representative's name and vote is then displayed in two summary panels above the press gallery seats and to the right and left of the speaker's dais. It also keeps a running count of the votes. • They can reswipe their cards to see which button lights up to verify that they voted correctly. They can also reswipe and change their vote for the first ten minutes. • This system is also compatible with the C-SPAN system so you see the running tally on the screen.

Independent

• IRCs exist to regulate a specific economic activity or interest such as: Federal Communications Commission (public air waves) Federal Reserve Board (banking system) • IRCs operate somewhat independently from Congress and the President • Once appointed and seated, members cannot be removed without cause

Congress Tries to Control It

• Influence appointment of agency heads(Senate confirms presidential nominees) • Alter an agency's budget • Hold oversight hearings • Rewrite legislation or make it more detailed

The Elastic clause has extended Congress powers

• Oversight of budget - can restrict the federal budget prepared by executive branch • Appropriations - set amount of money made available for various activity in a fiscal year • Investigation - Congress can launch investigations (Watergate, Clinton-Lewinski hearings, Steroids in baseball)

What Causes Implementation to Fail?

• Program Design • Ambiguity • Sometimes the laws conflict with each other. • Sometimes the goals conflict with each other. • Lack of Resources • Lack of Authority • Standard Operating Procedures (SOPs) bring uniformity to complex organizations, but it is often difficult to change their routines. • Disposition and personality Street-level bureaucrats have the most discretion

Politico

• Role played by elected representatives who act as trustees or as delegates, depending on the issue

Trustee

• Role played by elected representatives who listen to constituent's opinions and then use their best judgment to make final decisions

Delegate

• Role played by elected representatives who vote the way their constituents would want them to, regardless of their own opinions

Red Tape

• Rules and procedures which must be followed even if they make no sense • Excessive, rigid, or redundant

Chief Executive

• Runs the federal Bureaucracy and enforces the laws passed by Congress. • Nominates members of the Cabinet, which consists of appointees who are in charge of the major executive departments who advise the president on policy matters. • Choses heads of agencies, federal judges, and about 2,000 lesser jobs. The Senate must approve these nominations. • Also has the power to fire these officials.

Committee Chairman

• Senior member of committee • Controls membership and debate

Division vote

• Stand to indicate your vote • No official record

Waste

• Success (or lack of) difficult to judge • Weak incentives to keep costs low

founders of congress intentions

• The strongest branch • Separation of lawmaking power from executive • Bicameralism balances large/small states House: More connected to people Shorter term Directly elected Senate: longer term allows for independent thinking directly elected after the 17th amendment

Recorded vote (aka roll call vote)

• The yeas and nays are taken by roll call. • The clerk then records the votes.

Conflict

• Working at odds against another agency • Congress sets up conflicting agencies • Different goals from different congressmen • Goals are not "prioritized" so they are ALL present

Federalist Essay #78

• Written by Hamilton in 1788 • Discusses the power of judicial review. • Argues that the federal courts have the job of determining whether acts of Congress are Constitutional • Main theme of judicial independence (aka a true third branch of government)

Gerrymandering

• district boundaries are redrawn in strange ways to make it easy for candidate of one party to win • Easley v. Cromartie (2001) - redistricting for political ideology was constitutional, led to increase in minority reps

Voice vote

• literally say "aye" or "no" • No official record

Malapportionment

• unequal population in districts • Wesberry v. Sanders (1963) found unequal district pop. Unconstitutional...this just means in terms of number of people...

means of enforcing compliance with congressional goals and agency regulations

•Command-and-Control Policy: The government tells business/people how to reach certain goals, checks the progress, and punishes offenders. •Incentive System: market-like strategies used to manage public policy •Some agencies are proactive; some are reactive.