President and Bureaucracy quiz

Pendleton Act

. After President James Garfield was assassinated in 1881 by a disappointed office seeker, Congress passed the Pendleton Act, which set up a limited merit system for appointing federal offices. Federal service was placed under the Civil Service Commission, which supervised a testing program to evaluate candidates. Federal employees were to be selected and retained according to merit, not party loyalty, but in the beginning the merit system only covered about 10 percent of all federal employees.

impeachment process

. The House of Representatives may, by majority vote, impeach the president for "Treason, Bribery, or other high Crimes and Misdemeanors." Once the House impeaches the president, the case goes to the Senate, which tries the president, with the chief justice of the Supreme Court presiding. By a two-third vote, the Senate may convict and remove the president from office.

War Powers Resolution

1973, requiring the president to consult with Congress when activating military troops. The president must report to Congress within forty-eight hours of deploying troops, and unless Congress approves the use of troops within sixty days or extends the sixty-day time limit, the forces must be withdrawn. Even so, the president's powers as commander in chief are more extensive today than they have ever been before.

bureaucracy

A bureaucracy is a large, complex organization of appointed, not elected, officials. Bureaucracies exist in many countries in many areas of life, including corporations, universities, and local and state governments. The term actually comes from the French word "bureau," a reference to the small desks that the king's representatives set up in towns as they traveled across the country doing the king's business. So bureaucracy literally means something like "government with small desks." - Max Weber: a well-organized, complex machine that is a "rational" way for a modern society to organize its business. He did not see them as necessary evils, but as the best organizational response to a changing society. (6 functions)

Budget Reform and Impoundment Act of 1974

A major goal of his administration was to reduce federal spending, and when the Democratic Congress passed spending bills, he responded by pocket-vetoing twelve bills and then impounding funds appropriated under other laws that he had not vetoed. Congress in turn passed the Budget Reform and Impoundment Act of 1974 that required the president to spend all appropriated funds, unless Congress approved the impoundment. Federal courts have upheld the rule that presidents must spend money that Congress appropriates.

Iron triangle

Alliances among bureaucrats, interest groups, and congressional subcommittee members and staff sometimes form to promote their common causes. Such an alliance is sometimes described as an iron triangle. These triangles are sometimes so strong that they are referred to as subgovernments - the place where the real decisions are made.

appropriations

An appropriation is money formally set aside for a specific use, and it usually is less than the amount authorized. The Appropriations Committees in both houses of Congress must divide all available money among the agencies, and almost always they cut agency budgets from the levels authorized. even if funds have been authorized, Congress must also appropriate the money.

Munn v. Ohio

As early as 1877 the Supreme Court upheld the right of government to regulate business in Munn v. Ohio, a case that upheld the rights of the state of Illinois to regulate the charges and services of a Chicago warehouse. The New Deal legislation of the 1930s created more regulatory agencies, and World War II allowed government a great deal more regulation than ever before.

inner cabinet

Cabinet officers are the heads of fourteen major departments. The order of their creation is important for protocol. When the cabinet meets, the secretary of state sits on one side and treasury on the other, and so forth down the table so that the newest departments are the farthest away from the president. They are appointed by the president and must be confirmed by the Senate. The original four positions (secretary of war is now called secretary of defense), are known as the "inner cabinet," as still generally have the most power and influence

22nd Amendment

Congress added the 22nd Amendment to the Constitution, limiting a president to election to two terms and/or serving no more than ten years. A vice president who becomes president with less than two years remaining in the previous president's term may run for the office two times on his own.

executive orders

Congress allows the president to issue executive orders that have the force of law. These executive orders may enforce the Constitution, treaties, or legislative statutes, or they may establish or modify rules and practices of executive administrative agencies. The only restriction on executive orders is that they must be published in the Federal Register, a daily publication of the U.S. Government.

duplication

Congress rarely gives any one job to a single agency. For example, drug trafficking is the task of the Customs Services, the FBI, the Drug Enforcement Administration, the Border Patrol, and the Defense Department. Although this spreading out of the responsibility often leads to contradictions among agencies and sometimes inhibits the responsiveness of government, it also keeps any one agency from becoming all powerful. - a situation in which two agencies appear to be doing the same thing - criticism of the Bureaucracy

Nixon v. Fitzgerald

Executive privilege has been further defined by Nixon v. Fitzgerald (1982), which states that presidents cannot be sued for damages related to official decisions made while in office. In 1997 President Clinton tried to extend this protection to cover all civil suits

pocket veto

If the president does not sign the bill within ten days and Congress has adjourned within that time, the bill will not become law. Of course, the pocket veto can only be used just before the term of a given Congress ends.

spoils system

In 1829, the new President Andrew Jackson employed a spoils system to reward party loyalists with key federal posts. Jackson believed that such rewards would not only provide greater participation by the middle and lower classes, but would insure effectiveness and responsiveness from those who owed their jobs to the president. The spoils system ensured that with each new president came a full turnover in the federal service.

United States v. Nixon

In United States v. Nixon the Court held that there is no "absolute unqualified presidential privilege of immunity from judicial process under all circumstances." In this case, executive privilege would block the constitutionally defined function of federal courts to decide criminal cases.

line-item veto

In recent years many critics have suggested a line-item veto reform that would allow presidents to veto sections of bills without rejecting the whole thing. Congress passed the Line-Item Veto Act in 1996, which allowed the president to veto sections of appropriations bills only. When President Clinton exercised this new provision, the law and the president's action were challenged in Clinton v. City of New York (1997). The Supreme Court ruled both the law and the action unconstitutional, criticizing them for permitting the president to construct legislation -an abuse of the principle of separation of powers.

pyramid model

In this organizational model, most assistants report through a hierarchy to a chief of staff and/or a chief aide. This model is relatively efficient and it frees the president's calendar for only the most important issue. On the other hand, the president may become isolated or his top advisers may gain a great deal of power, as happened to President Richard Nixon in the early 1970s - organization of the white house office

gridlock

Many people criticize divided government because it produces "gridlock," or the inability to get anything done because the branches bicker with one another and make decisions difficult. A unique illustration of gridlock occurred in 1995 and 1996 when Congress and the president could not agree on the federal budget, thus shutting down many government operations, including national parks and federal offices, until an agreement could be reached. Even though gridlock may slow the process of decision-making, some supporters of divided government believe that it is not necessarily bad because better balanced policies may result. Others believe that a unified government is a myth, with struggles between the branches a natural part of the give and take of checks and balances. In this scenario, gridlock is just as likely to occur when one party controls both branches as it is when a "divided government" exists.

Max Weber

Max Weber was one of the first people in modern times to think seriously about the importance of bureaucracy. He wrote in Germany during the early 20th century, when developing capitalism was spawning more and more large businesses. The changing economic scene had important implications for government. He created the classic conception of bureaucracy as a well-organized, complex machine that is a "rational" way for a modern society to organize its business. He did not see them as necessary evils, but as the best organizational response to a changing society. - hierarchial - task specialization - extensive rules - clear goals - impersonality

discretionary authority

Most people think that bureaucrats only follow orders. Of course, anyone who works in the executive branch is there to implement decisions, but the reality of their work is more complicated. The power of the bureaucracy depends on how much discretionary authority they have. Congress passes laws, but they cannot follow through on all the little decisions that have to be made as laws are translated into action. Bureaucrats, then, may make policies and choose actions that are not spelled out in advance by laws. Their main function is to do the nuts and bolts of "executing" policies that are made by Congress, the president, and the Supreme Court.

authorizations

No agency may spend money unless it has first been authorized by Congress. Authorization legislation originates in a legislative committee, and states the maximum amount of money that an agency may spend on a given program.

GS Rating

Once hired, a person is assigned a GS (General Schedule) Rating, ranging from GS 1 to GS 18, which determines salaries. At the top of the civil service system is the Senior Executive Service, executives with high salaries who may be moved from one agency to another.

independent executive agencies

Other agencies that do not fall into the first three categories are called independent executive agencies. Independent agencies closely resemble Cabinet departments, but they are smaller and less complex. Generally, they have narrower areas of responsibility than do cabinet departments. Most of these agencies are subject to presidential control and are independent only in the sense that they are not part of a department. Their main function is not to regulate, but to fulfill a myriad of other administrative responsibilities. Some well known examples are - general services administration - national science foundation - national aeronautics and space administration

25th Amendment

The 25th Amendment (1967) to the Constitution covers this important problem concerning the presidential term: disability and succession. It permits the vice president to become acting president if the vice president and the cabinet determine that the president is disabled. If the president challenges the executive decision, Congress decides the issue. The amendment also outlines how a recovering president can reclaim the Oval Office.

presidential succession

The 25th Amendment also created a method for selecting a vice president when the office is vacated. The president nominates a new vice president, who assumes office when both houses of Congress approve the nomination by a majority vote. A vice president who assumes the presidency then nominates a new vice president who is also confirmed by Congress. If there is no vice president, then a 1947 succession law governs: next in line are the speaker of the house, the Senate pro tempore, and the thirteen cabinet officers, beginning with the secretary of state.

advice and consent

The Constitution made little mention of a bureaucracy other than to make the president responsible for appointing (with the advice and consent of the Senate) public officials, including ambassadors, judges, and "all other officers of the United States whose appointments are not herein otherwise provided for, and which shall be established by law" (Article II, Section 3). No provisions mentioned departments or bureaus, but Congress created the first bureaucracy during George Washington's presidency.

executive privilege

The Constitution says nothing about presidential rights to keep private communications between himself and his principal advisers, but presidents have traditionally claimed the privilege of confidentiality or executive privilege. Their claim is based on two grounds. Even though Congress has never liked executive privilege, the right was not questioned seriously until 1973 when the Supreme Court addressed the issue directly - separation of powers keeps one branch from inquiring into the internal workings of another branch. - Presidents and advisers need the assurance of private discussions to be candid with one another without fear of immediate press and public reaction. This need for privacy is especially important with matters of national security.

Executive Office of the President

The Executive Office consists of agencies that report directly to the president and perform staff services for him. Some agencies are large bureaucracies. The president appoints the top positions, but unlike the White House Staff members, these Executive Office appointees must be confirmed by the Senate. The Executive Office agencies include the following: - national security council - OMB - national economic council

accountability

The biggest difference between a government agency and a private organization is the number of constraints placed on agencies from other parts of government and by law. A government bureau cannot hire, fire, build, or sell without going through procedures set by Congress, often through law. Presidents also exert considerable power over the bureaucracies.

issue network

The iron triangle may be criticized because interest groups today are so prolific that they are bound to create cross-demands on subcommittees and the bureaucracy. In the tobacco issue discussed above, interest groups have formed demanding that tobacco products be banned or heavily restricted by the federal government. With these counter-demands, the policymaking process would not run so smoothly and would broaden the number of people involved in the system. The issue is discussed on many levels, both inside and outside government. An agency, then, can be described as being embedded, not in an iron triangle, but in an issue network. These issue networks consist of people in interest groups, on congressional staffs, in universities, and in the mass media who regularly debate an issue. The networks are contentious, with arguments and disagreements occurring along partisan, ideological, and economic lines. When a president appoints a new agency head, he will often choose someone from the issue network who agrees with his views.

merit principle

The merit system tries to ensure that the best-qualified people get government jobs and that party politics (patronage) has nothing to do with the hiring process. Merit-based hiring and promotion; no granting of jobs to friends or family unless they are the best qualified - criticism - pendleton act - merit systems protection board

Presidential agenda setting

The president makes treaties with foreign nations, but only with the "advice and consent" of the Senate. Two-thirds of the Senate must approve a treaty; a president's signature is not enough to make it binding. This provision is a check of the executive by the legislature. However, presidents have gotten around this provision by using executive agreements made between the president and other heads of state. Such agreements do not require Senate approval, although Congress may withhold funding to implement them. Whereas treaties are binding on future presidents, executive agreements are not

independent regulatory agencies

These agencies regulate important parts of the economy, making rules for large industries and businesses that affect the interests of the public. Because regulatory commissions are watchdogs that by their very nature need to operate independently, they are not part of a department, and most are not directly controlled by the President. Some examples are: - interstate commerce commission - federal trade commission - national labor relations board - federal reserve board - securities and exchange commission

Government corporations

a blend of private corporation and government agency. They were created to allow more freedom and flexibility than exists in regular government agencies. They have more control over their budgets, and often have the right to decide how to use their own earnings. Since they still ultimately are controlled by the government, they do not operate like true private corporations. - The corporation for public broadcasting - tennessee valley authority - u.s. postal service - amtrak

diplomatic recognition

not. The Constitution also gives the president the power of diplomatic recognition, or the power to recognize foreign governments. When twentieth century presidents have withheld this recognition, it has often served as a powerful comment on the legitimacy of governments. For example, the U.S. did not recognize the U.S.S.R. government created in 1917 until the 1930s, nor did the president recognize the People's Republic of China (created in 1949) until the early 1970s.

patronage

party politics - should do nothing with hiring

executive agreements

presidents have gotten around this provision (advice and consent) by using executive agreements made between the president and other heads of state. Such agreements do not require Senate approval, although Congress may withhold funding to implement them. Whereas treaties are binding on future presidents, executive agreements are not.

Hatch Act

required employees, once they were hired, to have as little to do with political parties as possible. The Hatch Act forbids employees from engaging in many party activities. For example, they could not run for public office or raise funds for a party or candidate, nor could they become officers in a political organization or a delegate to a party convention. In the early 1970s some bureaucrats complained that their 1st amendment rights were being violated. The issue made its way to the Supreme Court, where the justices ruled that the Hatch Act did not put unreasonable restrictions on employees' rights. However, in 1993 Congress softened the Hatch Act by making many forms of participation in politics permissible. Federal bureaucrats still cannot run as candidates in elections, but they may be active in party politics.

Clinton v. Jones

the Court ruled against his argument that civil suits against a chief executive distract him from presidential duties. These decisions have restricted executive privilege, but they have not eliminated it. In all cases the Court has assumed that the president has the right of executive privilege.

"red tape"

the maze of government rules, regulations, and paperwork ö makes government so overwhelming to citizens that many people try to avoid any contact. - criticism

impoundment

the presidential practice of refusing to spend money appropriated by Congress. Although many previous presidents impounded funds, the test case came with Richard Nixon. A major goal of his administration was to reduce federal spending, and when the Democratic Congress passed spending bills, he responded by pocket-vetoing twelve bills and then impounding funds appropriated under other laws that he had not vetoed.

12th Amendment

which provided for electors to vote for a president/vice-president slate

circular model

• the "circular" model - Presidents that use this model have more direct contact with their staff members, with many cabinet secretaries and assistants reporting directly to the president. Bill Clinton employed this structure, especially in the early years of his presidency, when many task forces, committees, and informal groups of friends and advisers dealt directly with the President. This model allows better access to the president, and ideas are not filtered through one or two top aides. Critics say that the model promotes chaos and that the president's time is not well used.