American Presidency Lesson 8

10. What is an executive order? How have presidents used them to expand their authority? (2 points)

This is a directive of order from the president that carries weight, but does not require approval from Congress. They allow for the presidents to do anything not explicitly listed in the Constitution. This expands the presidency tremendously. For instance, Wilson used an executive order to racially segregate employment in the Federal government. Roosevelt used it to close banks when he first took office (COMMENTARY: Executive Orders).

13. What is a recess appointment? In what way did the Supreme Court recently limit the president's ability to use recess appointments in the case NLRB v. Noel Canning? (2 points)

This is the power of the president to fill up vacancies while in recess of the Senate. This case reviewed some appointments president Obama made during three day breaks, and not necessarily recesses. The court essentially said the Senate did need to be adjourned from session formally (COMMENTARY: President's Personal Powers).

9. What does it mean to say that the presidency has been institutionalized? What is one benefit and one problem of institutionalization? (2 points)

This means it is a large and complex organization that is set apart from other organizations. The commentary explains the executive branch of being a government within the government. One benefit of an institutionalized presidency is there are more resources for policy-making. One problem could be the gatekeeper setup. If someone speaks to the president, they have to get through the Chief of Staff, which could cause harm to the presidency (COMMENTARY: The consequences of Institutionalization).

Why did Franklin Roosevelt get the Democratic Party to adopt changes that made it easier for presidents to choose their running mates? What negative consequences did having running mates chosen by the parties occasionally have for presidents? Give at least two examples.

When party conventions became the way to choose a party's presidential nominee, the choice of a vice presidential nominee was often an afterthought, left to the last minute, leaving little time for rational deliberation. Of particular importance was the fact that, typically, presidential candidates had little input in choosing their running mates. The choice of a vice presidential candidate who was not in sync with the president could cause trouble for the president. Vice presidents who caused political problems for the presidents they served with include John C. Calhoun, Millard Fillmore, Teddy Roosevelt, Charles Dawes, John Nance Garner, and Henry Wallace.

1. According to the textbook and the commentary, what did Woodrow Wilson write about the office of the vice presidency in Congressional Government? (1 point)

Wilson wrote a book called Congressional Government. To make a point, he only wrote one page about the vice president. He said it was embarrassing to talk about the office, because there was not much to talk about in the first place (Textbook: Page 514). Wilson even mentioned that he may cease to be vice president. This became a very popular and well-known quote (COMMENTARY: The Vice Presidency).

Expansion of Executive Power in the Modern Presidential Era

As the government gets involved in more policy areas, more is expected of presidents as chief executives. Thus, there is a greater incentive for presidents to seek the necessary level of control, and cabinet-style government is insufficient.

Several times, Congress acted to expand and institutionalize the president's power, often at the expense of its own power. Congress's actions include the following acts:

Budget and Accounting Act of 1921 Reorganization Act of 1939

presidents also took steps to expand and institutionalize power

For example... Nixon renamed the Office of Management and Budget (OMB) and politicized it to make it more responsive to the president.

4. Examples of vice presidents who proved to be difficult for the presidents they served include John C. Calhoun, Millard Fillmore, Charles Dawes, John Nance Garner, and Henry Wallace. Explain how two of these vice presidents clashed with their presidents. (2 points)

Garner during Roosevelt's first term was an invaluable supporter. During his second term he was not advocating for many of the new deal programs. He ended up leaving and going back to Texas. Millard Fillmore different with the president over the Compromise of 1850. The president did not agree with the compromise, however, Fillmore did agree with it. He even said he would vote against the president. However, he did not get to vote against the president, because Taylor died and Fillmore became president (COMMENTARY: Those Troublemaking Vice Presidents).

In Federalist Paper #77 (Hamilton and Madison)

Hamilton supported the idea of using the Senate's advice and consent in the removal of officials as a way to prevent rapid changes in administration. Madison, on the other hand, argued that presidents should have an unrestricted removal power.

Charles Gates Dawes

He played a crucial role in the election of William McKinley in 1896 and 1900. He served as McKinley's comptroller of the treasury and then returned to the private sector after a failed run for the US Senate. Dawes was chosen by President Harding to be the first director of the Bureau of the Budget. He served for a year and then resigned to return to Illinois so that he could work to eliminate political corruption in his home state. . Dawes, along with his British counterpart, Austen Chamberlain, came up with a plan that addressed several, although not all, of Germany's financial difficulties. The Dawes Plan earned Dawes and Chamberlain the Nobel Peace Prize in 1925. (

Troublesome Vice Presidents... John C. Calhoun

He used his position as the president of the Senate to undermine both presidents' policies and appointments.

Dawes as VP

He would not go to meetings with the president. He didn't want to ruin the president's prestige.

6. Walter Mondale is often cited as being the vice president who made the vice presidency more relevant. According to the textbook, what is his "most tangible contribution" to the institution of the vice presidency? (2 points)

Mondale was able to have access to all of the presidential meetings and have access to the flow of papers. This was a huge expansion of power for the vice presidency. He could also occupy an office in the West Wing of the White House. This shows a closer bond between the president and the vice president. He also demonstrated that the vice president could serve the president as a valued advisor. This had never really been done before (Textbook: Pages 524-525).

administrative strategy

Nixon pursued an administrative strategy, using the EOP and the WHO to formulate policy and carry it out, preempting executive branch departments and agencies.

civil service system

One congressionally created limit on presidential power is the civil service system. This replaced the spoils system. The spoils system developed during the Jacksonian era. It was based on the idea of "to the victor goes the spoils," meaning that the party that won the presidential election got to control who worked in the executive branch. The president appointed top-level people, and the president's party had great control over staffing the rest of the executive branch, right down to local tax collectors, customs officials, and postmaster

Institutionalization of the Vice Presidency

Over the course of the twentieth century, the vice presidency was gradually expanded and institutionalized. The vice presidency became more active when Nixon served under Eisenhower.With new responsibilities came new resources. Now the vice president has a West Wing office. This gives stature to the vice president because people believe that proximity to the president makes a person more powerful. If a president were to remove the vice president's office from the West Wing, it would send a powerful and controversial message about the importance of the vice presidency.

reinventing government

The vice president also has a policy staff to help the vice president develop his or her own ideas. . For example, the reinventing government program of the Clinton administration to make the federal government more efficient was conceived and administered by Vice President Al Gore. In addition to the policy staff, vice presidents also have a political staff that works to further the vice president's interests and ambitions.

National Security Council (NSC)

The vice president is a member of the National Security Council (NSC). This was made law at the request of President Truman, who became president with little knowledge of the nation's foreign affairs. It is now widely accepted that the vice president should have the same knowledge of national security as the president, which was something Truman did not have.

5. Describe the two major constitutional duties of the vice president. (1 point)

The vice president would become president if necessary. The secondary role is for the vice president to break Senate ties (COMMENTARY: Early Constitutional Design Problems).

2. The textbook explains four problems with the way the vice presidency was designed in the Constitution. Briefly explain two of these. (2 points)

There was a lot of conflict between the vice president and president. Usually they were made up of different political persuasion. This brought factions to the parties. Another flaw was some people did not accept the nominations of vice president to be true. This can hurt the executive branch's power and the unity within government (Textbook: Page 511-512).

National Security Act of 1947

This act gave the president responsibility to coordinate national defense and foreign policy. It created the Department of Defense and the CIA.

Employment Act of 1946

This act requires the president to submit an annual economic report and policy recommendations regarding employment. It also created the Council of Economic Advisers (CEA) to advise the president on macroeconomic policy and to prepare reports on the economy. The CEA has between twenty-five and forty staff members.

Office of Management and Budget (OMB)

budget preparation, including screening and coordinating the budget requests of departments and agencies and setting budget levels; legislative clearance, meaning that it screens proposed legislation from departments and agencies and determines whether it is in accordance with the president's program; enrolled bill process, in which it recommends whether bills passed by Congress should be signed or vetoed; the president usually follows OMB recommendations; and administrative clearance, in which it evaluates rules and regulations of departments and agencies to see whether they are consistent with the president's desires. The OMB has a powerful effect on how laws are implemented.

The benefits of institutionalization include:

greater resources for greater policy-making power; making the president better able to protect presidential programs; a centralized system that provides better organization and clear lines of authority; a greater number of individuals to "take heat" for the president; and the potential for unity and energy in pushing an agenda.

There are many problems, or potential problems, with institutionalization. These include:

higher, often unrealistic, expectations of the president; bureaucratic infighting in the WHO and the EOP; politicization: Remember that the Brownlow report called for presidential assistants who could provide objective information to the president. A strong political or ideological dynamic might weaken objectivity, exclude dissenting views, and lead to groupthink, which doesn't necessarily lead to the best policy choices; gatekeeper problem: Often one individual, the chief of staff, controls and filters information to the president, limiting access—most chiefs of staff have been accused of this. The power of the chief of staff is a double-edged sword. On one hand, the size and complexity of the modern White House requires a strong administrator. (Clinton was plagued at first, for instance, by a weak chief of staff, Thomas "Mack" McLarty.) On the other hand, a strong chief of staff can also be a liability, creating dependence on the chief's political skills and managerial techniques. Several chiefs of staff, including the first, Sherman Adams, became political liabilities. Other examples of trouble-causing chiefs of staff are Nixon's chief, John Haldeman; Reagan's second chief, Don Regan; and Bush I's first chief, John Sununu; abuse of power and authority and corruption: One problem of this sort is the death of the "passion for anonymity." Aides have personal agendas to gain power and influence and to further their careers, sometimes at the expense of the president's interests. By vesting an aide with a lot of power, he or she may be tempted to exceed his or her authority. Organizational corruption is another possible problem. With centralization of power and authority in the White House, there are now organizational entities that are free of the normal political checks and balances of the constitutional system. In the constitutional system, the potential abuse of power is checked by each branch, but who checks the potential abuse of power within the executive branch itself? Famous examples of abuses include CREEP and Watergate during Nixon's administration, Iran-Contra during Reagan's, and Travelgate/Filegate during Clinton's.

Reorganization Act of 1939

which allowed Franklin Roosevelt to use Executive Order 8248 to create the modern institutionalized presidency. It created a system to help with the administration of different functions in the presidency. Better communication. Executive Office of the President (EOP): The act allowed Roosevelt to create the Executive Office of the President (EOP). Several agencies were grouped under the president's direct control, including the Bureau of the Budget, to assist him in coordinating the work of the executive departments. This enhanced his capacity to manage the expanding activities of the executive branch.

1. How was vice presidential selection originally designed in the Constitution? What were the problems with this method of selecting vice presidents? Illustrate your answer with an example. How did the Twelfth Amendment fix these problems? (3 points)

In the old design, the candidate with the second most electoral votes became the vice president. The system didn't create good working relationships between presidents and vice presidents. This could create factions and disrupt the executive branch. For example, Jefferson and Burr were two different candidates from different parties. There was confusion and problems with the process to decide who was president, so it went to the House of Representatives. This process took away the prestige of the vice presidency (COMMENTARY: Early Constitutional Design Problems).

12. In what ways did the Supreme Court's decision in the Humphrey's Executor case somewhat limit the impact of the Myers decision? (2 points)

In this case, the court slightly changed its mind. It took away some of the power the president had to remove people. In this case, the court said the federal trade commission was an independent commission, so the president could not interfere as much. It argued that there should be some independence from the president (COMMENTARY: Removal Power).

Budget and Accounting Act of 1921

It gave the president the responsibility to prepare and submit to Congress a single executive branch budget. This is perhaps the single most important development in increasing the power of the presidency. Under the previous system, departments and agencies made individual budget requests to Congress. There was no central coordination or any way for the president to set (or balance) priorities. Interest groups dominated the process, and it was filled with corruption and budget deficits.

Executive Orders

It is a formal directive from the president that carries the weight of law but does not require the approval of Congress. The executive order is supposed to be a mechanism for presidents to execute laws passed by Congress. However, presidents have historically used them to expand their power over government. They can enable the president to do just about anything not expressly forbidden by the Constitution on the basis of the nebulous "executive power" clause of Article II. One might see the evolution of executive orders as the final victory of Teddy Roosevelt's theory of presidential power.

Why was the Twenty-Fifth Amendment to the Constitution adopted? What are its three major provisions?

It was adopted following a string of presidential deaths and health crises in order to clarify the vice president's role. It dealt with three critical issues: (1) it made it clear that the vice president becomes president if the president dies or resigns; (2) it established a procedure for presidential incapacitation and for determining when the vice president should serve as acting president; and (3) it created a mechanism for filling vacancies in the vice presidency when the vice president is elevated to president.

Hamilton and Madison had different points of view about how much power the president should have to remove officials from the executive branch. Describe each of their views. The Supreme Court has ruled several times on this issue. Although the decision in Myers v. United States has been altered somewhat, Chief Justice Taft made a definitive ruling on this question. What did he find?

Madison felt presidents should be able to fire officials without needing to consult anyone. Hamilton felt that because the Senate was part of the process of appointing officials, it should also be part of the removal process. Taft upheld Wilson's action. He found that the law restricting the president's removal power was unconstitutional because removal power is inherently an executive function, and Congress cannot interfere with it. Taft argued that the president needs to be able to control all executive officeholders if he or she is to ensure that laws are faithfully executed.

Briefly describe legislation passed during the presidencies of Franklin Roosevelt and Truman that expanded the power of the presidency as an institution.

The Budget and Accounting Act of 1921 gave the president the responsibility to prepare and submit to Congress a single executive branch budget. It also created the Bureau of the Budget (now the Office of Management and Budget). This is perhaps the single most important development in increasing the power of the presidency. The Reorganization Act of 1939 allowed Roosevelt to create the Executive Office of the President (EOP). Several agencies were grouped under the president's direct control, including the Bureau of the Budget, to assist him in coordinating the work of the executive departments. This enhanced his capacity to manage expanding activities of the executive branch. The act also created the White House Office (WHO), which is an extensive personal staff that aids the president (and is part of EOP). The act began centralization of the president's control over expanding executive responsibilities. It also gave the presidency a bureaucratic quality, enabling it to be studied as we would study any large organization. Like any large organization, the presidency has size, complexity, and a central authority. The Employment Act of 1946 requires the president to submit an annual economic report and policy recommendations regarding employment. It also created the Council of Economic Advisers (CEA) to advise the president on macroeconomic policy and to prepare reports on the economy. The CEA has twenty-five to forty staff members. The National Security Act of 1947 gave the president the responsibility to coordinate national defense and foreign policy. It created the Department of Defense and the CIA. It also created the National Security Council (NSC) to advise the president on foreign policy and military matters.

7. What was the single most important development in the increase of presidential power, according to the Commentary? Why did it increase presidential power? (2 points)

The Budget and Accounting Act of 1921 played a large role in the increase of presidendial power. Congress passed this law giving the president the responsibility to prepare and submit to Congress a single executive budget. This gave the president legal authority to oversee all of the funds of the executive branch. This was now a new institution for the president to use its power (COMMENTARY: Budget and Accounting Act of 1921).

8. Explain the four functions of the Office of Management and Budget. (2 points)

The Office of Management and Budget prepares the budget. This includes screening and coordinating the budget requests of different departments and agencies. They also screen proposed legislation. The third roll is the office recommends whether bills passed by Congress should be signed or vetoed. It also provides administrative clearance and evaluates rules and regulations of departments and agencies to see whether they are consistent with the president's desires (COMMENTARY: office of management and budget).

Pendleton Act.

The Pendleton Act established the civil service. It prevented positions from being filled by patronage and required hiring based on merit, meaning that the level of job a person qualified for was based on his or her performance on objective criteria. This act created a nonpartisan civil service, which was a turning point in federal administration. It limited the number of offices the president could fill. Most importantly, it took away the president's ability to ensure that all civil servants agree with his or her policies.

Humphrey's Executor v. United States (1935)

The Supreme Court retreated a bit from Taft's strongly pro-president decision a decade later in Humphrey's Executor v. United States (1935). In this case, the court reduced the president's removal power. Based on the Myers decision, Franklin Roosevelt fired a Federal Trade Commission (FTC) official who was appointed to a seven-year term by Hoover. Roosevelt fired Humphrey because he wanted personnel who would support his objectives. The court decided against Roosevelt by a vote of 9-0. The court argued that there is a difference between normal executive branch agencies and independent commissions, such as the FTC. The opinion argued that independent regulatory commissions are not purely executive entities because they do "quasi-legislative" and "quasi-judicial" things. Therefore, they should have some independence from the president.

11. What was the opinion of the Supreme Court about the president's hiring and firing powers in the case Myers v. United States? (2 points)

The Supreme Court said Congress' power to make the president go through the senate before firing someone is unconstitutional. It said the power to fire someone is automatically given to the executive branch, so Congress cannot interfere (COMMENTARY: Removal Power).

What problem was solved by the adoption of the Twelfth Amendment? What impact did the Twelfth Amendment have on the vice presidency as an office?

The Twelfth Amendment to the Constitution removed the possibility of political opponents serving as vice president and president and of ties such as the one Jefferson and Burr had by creating separate ballots for president and vice president. However, it also took away nearly all the prestige of the vice presidency. The vice presidency fell into use as a campaign device in which the candidates and the major parties tried to balance regional concerns to get a presidential ticket that appealed to a majority of voters.

There are several negative consequences of the institutionalization of the presidency. Briefly describe these consequences.

The first is higher, often unrealistic, expectations of the president from the public and the Washington community; bureaucratic infighting in the White House Office and the EOP; politicization: A strong political or ideological dynamic might weaken objectivity, exclude dissenting views, and lead to groupthink, which does not necessarily lead to the best policy choices; gatekeeper problem: Often one individual, the chief of staff, controls and filters information to the president, limiting access; abuse of power/authority: Organizational corruption is another possible problem. With centralization of power and authority in the White House, there are now organizational entities that are free of the normal political checks and balances of the constitutional system.

What are the options for handling the removal of executive branch officials?

The first option is to let Congress assign the power however it wants. The problem with this is that there is a need to maintain the independence of the branches. A second option is the removal of officials via impeachment. The problem with this is that it would make the removal of unworthy officials too difficult. Hamilton offered a third option. He suggested that Senate confirmation implies there should also be Senate approval for removal. To see this argument, read Federalist Paper #77. Hamilton's argument is strong, but there are objections to his plan as well. The president has the constitutional responsibility to "take care that the laws be faithfully executed." How can the president do this without control over the executive branch, including the ability to fire officials? The bottom line is that the principles of unity and responsibility mandate that presidents have the power of removal. No president can be held responsible for the actions of his or her departments unless he or she can remove officials for failing to do their duties. Madison argued that if the president removes too many worthy individuals from office to replace them with someone unworthy, Congress can respond. As he wrote, "Wanton removal of meritorious officers would subject him to impeachment and removal" because of "maladministration."

Myers v. United States (1926).

The issue of presidential ability to fire officials was not clarified by the Supreme Court until Myers v. United States (1926). In this case, Wilson fired a first-class postmaster, Frank Myers. The firing was in violation of an 1876 law that required the advice and consent of the Senate. Taft was the chief justice when the case reached the Supreme Court. Given Taft's literalist position, discussed in Lesson 1, how do you think he might have decided the case? Instead of ruling to limit presidential power, as might have been expected, Taft upheld Wilson's action. He found that the law restricting the president's removal power was unconstitutional because removal power is inherently an executive function, and Congress can't interfere with it. Taft argued that the president needs to be able to control all executive officeholders if he or she is to take care that the laws are faithfully executed. The decision swept aside the Hamiltonian view in favor of Madison's and maximized presidential control over the executive branch. Taft's frustrating experience as chief executive might have influenced his interpretation of the Constitution in this case.

How did the vice president's role change after Harry S. Truman's time as vice president?

The office of the vice presidency has become more institutionalized, as vice presidents have gradually been given large staffs to work for them. Vice presidents are now typically relied on more heavily by presidents as advisers, confidantes, and political surrogates. Vice presidents have a larger role in policy and diplomacy than they used to have.

Developments in the Vice Presidency since Truman

The perceived importance of the vice presidency was elevated by Truman's succession to the presidency during World War II, because so much was at stake at the time. The public came to believe that vice presidents needed to be more knowledgeable, competent, and ready to take over in a more dangerous world. Three successive presidents suffered serious health crises that resulted either in their death or in lengthy incapacitation. Roosevelt's health deteriorated significantly during his third term, and he died shortly after the beginning of his fourth term. Eisenhower suffered a serious heart attack, an attack of ileitis (an inflammation of the small intestine), and a mild stroke during his presidency. John Kennedy was assassinated in the third year of his presidency.