AP Gov-Chapter 4--> The Executive Branch (Presidency)

The imperial presidency "A US presidency that is characterized by greater powers than the Constitution allows"

-A powerful executive position guided by a weaker Congress -Yielding to Congress, however, began to fade as stronger presidents came to office -The president's strength relative to Congress has grown steadily

Presidential powers over the judicial branch

-President appoints federal judges -Can use pardon power (Pres. Ford pardoned Nixon; Pres. Carter pardoned men in Canada)

The "inner-cabinet" (original 4 positions

-Sec. of State (heads State Dep't). -Sec. of Defense (heads Defense Department). -Sec. of the Treasury (heads Treasury Department). -Attorney General (heads Justice Department)

Reasons for anti-federalists were against ratifying the constitution

-they feared the presidency would be the "fetus of monarchy". In response, in Fed. #70 Publius (Alex. Ham.) argues that the power of the executive (president) is limited enough to avoid tyranny.

22nd Amendment (1951) two-term limit--"lame duck" last year of 2nd term

A President is most likely to get their agenda through in the early "honeymoon period", and least likely during the "lame duck" end of their presidency.

How did the Framers view Congress?

As the dominant branch of government because it has the "power of the purse" (why Article I sets up legislative branch + Article II sets up Executive branch)

Bully Pulpit

Take advantage of modern media, especially television

The Cabinet

The president's cabinet is comprised of the fifteen (the post 9-11-01 addition of Department of Homeland Security made it fifteen) secretaries who lead the fifteen cabinet departments (ex: the State Department is headed by Secretary of State). These 15 cabinet secretaries advise the president in their area of expertise (ex: the Secretary of Defense advises the President on military matters, the Secretary of State on foreign policy, etc). Cabinet departments must be created by Congress, and the senate must confirm a president's cabinet nominees.

A newly elected president faces a Senate controlled by the opposition party. Which of the following presidential appointments is the most likely to encounter difficulty with confirmation by the Senate? A) Secretary of defense B) Supreme Court justice C) Chair of the Council of Economic D) Advisors Ambassador to Germany

B

Chief of Party (Leader of their political party)

Helps with fundraising and getting fellow party members elected

Twenty-second Amendment

Limits the president to two terms in office

Limitations of the president's power over the judicial branch

Senate approval needed for judges

Rule of Propinquity

The people with the most power are not necessarily those with the most impressive titles, but those who are in the room when the decision is being made

The Executive Office of the President (EOP)

another huge component of the executive branch. Not created by the Constitution and existing only since 1939, the Executive Office consists of agencies that report directly to the president and perform staff services for him in order to advise him and help him carry out his responsibilities as chief executive. Some agencies are large bureaucracies. The president appoints the top positions, but with the important exception of the White House Staff members, these Executive Office appointees must be confirmed by the Senate.

James Mason's criticism of Alexander Hamilton's call for a unitary executive

"The President of the United States has no Constitutional Council, a thing unknown in any safe and regular government. He will therefore be unsupported by proper information and advice, and will generally be directed by minions and favorites".

Hamilton argues that a strong national executive is essential in the new government

"energy in the executive is the leading character in the definition of good government. It is essential to the protection of the community against foreign attacks...to the steady administration of the laws, to the protection of property...to justice; [and] to the security of liberty...."

Limitations on the president's power as Commander in Chief:

- War powers resolution (1973) -Only congress can declare war -Congress can use its "power of the purse" to cut off funding for troops

Reasons presidential power has increased (exec. branch surpassed legislative branch in power during FDR's presidency)

-Military and security issues: We look to president in times of crisis. Congress has allowed the president to take lead + gives the president more leeway in for. policy + military matters than domestic. Bickering stops at water‛s edge. -Television—can use the "bully-pulpit". -See Stu. Handout for the rest.

Constitutional qualifications to be President: Article II Executive Branch

-Must be 35 years old -Natural born citizen -A resident of the US for at least 14 years

Qualifications, Duties, and Limits of the presidency

-Must receive a majority of Electoral College votes to win the office -Shall hold office for a four-year term -Shall be commander in chief of the army and navy -May require opinions of advisers and department heads -Shall have the power to pardon convicted persons for federal offenses -Shall appoint ambassadors and judges, and make treaties with Senate approval -May recommend measures he finds necessary -May convene or adjourn Congress

Line-item veto power (1996-98 only)

-President could veto just parts of a bill rather than all or nothing. -Congress passed law in 1996 giving power to Clinton to cut down on "pork" /earmarks. -SCOTUS justified overturning Clinton having lineitem veto power in 1998, ruling this violates "separation of powers"constitutional principle. Supporters of line item veto power argue it would decrease unnecessary spending + earmarks.

Chief Executive (the president is head of the executive branch, including the federal bureaucracy)

-President enforces federal law, treaties, and court decisions -Appoints/nominates cabinet members, and other administrators and bureaucrats -Can issue executive orders that have the force of law (future presidents don't have to follow) -Can invoke executive privilege to withhold information (if involves issues of national security)

Commander in Chief of the armed forces

-President has civilian authority over the military -Can send troops into combat -the president oversees and manages the US military -"The football" (nuclear missile codes)

Limitations on the president's power as chief diplomat:

-Senate must approve appointments (majority vote) -Senate must approve treaties (2/3 vote)

In The Federalist 70, Alexander Hamilton states that "energy in the executive is a leading character in the definition of good government." In this statement, Hamilton is arguing in favor of the need for A) a single executive who can respond quickly to crises B) a president who has a good understanding of public policy C) an electoral college in the selection of the president D) a president who is youthful and assertive

A

The staff of the White House office can be categorized by their primary functions

(1)domestic policy; (2)economic policy; (3)national security or foreign policy; (4)administration and personnel matters (as well as personal paperwork and scheduling for the president); (5)congressional relations (essential to the president's legislative agenda, congressional liaisons do the president's bidding and bargaining with the leadership and the rank-and-file members of Congress); (6)public relations speech writers (includes the White House Press Secretary who is the spokesperson for the president and meets with the White House Press Corps daily).

The Vice-Presidency

- Help "balance the ticket" -Few constitutional duties: Succeed to the presidency if pres. dies/resigns; • Preside over Senate (President of Senate). • Help decide questions of presidential disability (25th Amendment 1967)—if vice president and over half the cabinet submit in writing to Congress that the president is disabled, the VP temporarily takes over.

Circular System

-An executive administration can be thought of as a large wheel with many spokes -The president is the wheels hub while the principal officers are at the many points along the rim -The more open communication system can sometimes give officers and staffers too much access to the president -Critics argue the constitution designates one person to make national decision and a circular arrangement can result in groupthink with no accountability

Chief diplomat (the president is in charge of much of foreign policy)

-Appoints and receives ambassadors -Negotiates treaties with foreign nations (ex. NAFTA, Treaty of Versailles) -Negotiates executive agreements with foreign nations -Recognizes foreign governments

Presidential power over the legislative branch

-Can veto or sign bills -President outlines legislative proposals and submits proposed budgets -Can call special sessions of Congress -Can use executive orders to get around an uncooperative Congress

Limitations of the President's power over the budget

-Congress can amend the president's spending proposals and must vote to approve budget -Congress has "power of the purse" and thus must agree to allocate the money through its Appropriations committees

Limitations on the president's power over the legislative branch

-Congress can override a veto (2/3 vote in both houses--happens less than 10% of the time) -Congress is not obligated to pass the presidents proposal

Framers' Vision

-Debated whether or not to make the nation's executive a singular leader or a small group of leaders -Fears arose because skeptics saw the office as a potential "fetus of monarchy" -The concern led Framers to include specific roles and several provisions to limit the powers of the strong, singular leader

Characteristics of White House Staffers

-Executive office of the president -Likely worked previously on the president's campaign -They tend to be more personally loyal to just the president -Reliance on them keeps the president in the center of decision making -Tend to be younger and more brash and ideological -Their sole job responsibility is to the president and the White House -They do not have to get Senate confirmation -Rule of propinquity

Examples of presidential actions that can be declared unconstitutional by the S. Court (a way Judicial Branch can check power of Executive Branch):Executive privilege (presidents refusing to turn over info.) - In USA v. Nixon Pres. Nixon forced to turn over tapes. Executive orders can also be declared unconstitutional.

-Executive privilege (presidents refusing to turn over info.) - In USA v. Nixon Pres. Nixon forced to turn over tapes. -Executive orders can also be declared unconstitutional.

Pyramid system

-Follows a rigid top down approach, with his chief of staff just bellow followed by the department heads and then the lesser offices -This system creates a clear chain of command -This approach can be effective, it may also serve to isolate the president or create unwanted stops in the flow of information -The chief of staff or others may prevent pertinent information from reaching the president, disallowing him to make effective decisions

Federalist No. 70 by Alexander Hamilton

-Hamilton argues that a strong national executive is essential in the new government -Hamilton called for a unitary executive meaning a one person presidency—not a multiperson presidential council. One person can act more quickly + decisively, and can also be held more accountable compared to a multiperson council.

Characteristics of Cabinet Secretaries

-Likely had previous political experience in elected office (House, Senate, Governor) -Tend to be more pragmatic in their decision making -Must split time between advising the president and managing their respective executive departments -Must be confirmed by a simple majority of the US Senate -Have split loyalties to both the president and to their various executive departments -Reliance on their advice weakens a president's personal role over policy making

Presidents and public opinion

-Presidential public approval is usually higher than approval for Congress. -Presidential approval usually goes down the longer they are in office. -Presidential approval usually spikes up in times of crisis. -Uses the "bully-pulpit" to try to sway public opinion to their side.

Limitations of the president's power as Chief Executive (besides impeachment + removal from office)

-Senate approval needed for president's nominations (due to the constitutional "advice and consent" power of the Senate), except to the White House Staff -Senators are more likely to reject federal judges than cabinet -Congressional committees have oversight over bureaucracy -Executive orders and executive privilege can both be overturned by the Supreme Court

Succesion

-The 1947 succession act prevents any doubt about the person who will assume the presidency in the event that the vice presidency and the lower offices become vacant -The order goes from the Vice President to congressional leaders and then to the cabinet secretaries in the order of each department's creation. -25TH amendment, passed in 1967, provides for the Vice President to assume presidential duties if the president is incapacitated or disabled

The most important parts of the Executive Office include the following:

-The White House staff -The National Security Council (NSC) -The Office of Management and Budget (OMB)

From campaigning to governing

-The first days of a president's term begins with the oath of office at noon on Jan. 20 -The first days are known as the honeymoon period, because much like husband and wife, the president and the people get to know one another -They begin by naming their chief administration officials, such as Cabinet secretaries and agency directors -They also create an inner circle of close advisers to help them form policies and programs to achieve their goals -Much depends on how they set up their White House and administration, as well as their relationship with Congress and the public

The major parts of the executive branch (created by Article II of the Constitution, the basic function of this branch is to enforce/carry out laws)

-The president and vice-president -The Cabinet -The Executive Office of the President (EOP)

Chief of State

-The president is the symbol of the US government and people. They perform ceremonial duties and meet with visiting foreign leaders -the president receives foreign ambassadors and sends US ambassadors abroad

White House staff/ office

-The president's inner circle -The senate does not need to confirm them -Presidents sometimes rely more on their staff than the Cabinets or agency heads because staff members serve the president directly. White House staffers, unlike secretaries, do not have loyalties to departments or agencies and do not compete for funding

War Powers Resolution of 1973

-When presidents send troops abroad they must tell Congress why within 48 hours -If troops are still there 60-90 days later, they must come home unless Congress approves a longer stay

Explain a consequence of moving to a structure that relies on advice mostly from White House staffers

-less congressional oversight of the White House staff -More efficient implementation of executive plans without delay by Senate confirmation process -More use of executive privilege by White House employees keeps more info secret

In the last years presidential primacy, so indispensable to the political order, has turned into presidential supremacy. The constitutional Presidency—as events so apparently disparate as the Indochina War and the Watergate affair showed, has become the imperial Presidency and threatens to be the revolutionary Presidency. . . . The imperial Presidency was essentially the creation of foreign policy. A combination of doctrines and emotions—belief in the permanent and universal crisis, fear of communism, faith in the duty and right of the United States to intervene swiftly in every part of the world—had brought about the unprecedented centralization of decisions. Prolonged war in Vietnam strengthened the tendencies toward both centralization and exclusion. So the imperial Presidency grew at the expense of the constitutional order. Like the cowbird, it hatched its own eggs and pushed the others out of the nest. And, as it overwhelmed the traditional separation of powers in foreign affairs, it began to aspire toward an equivalent centralization of power in the domestic polity. Arthur M. Schlesinger, Jr., The Imperial Presidency, 1973 [Which of the following is an accurate comparison of the text by Schlesinger and The Federalist 70?] A) While Schlesinger views centralization of power in the presidency as dangerous, The Federalist 70 views it as vital to the presidency's effectiveness. B) While The Federalist 70 views centralization of power in the presidency as dangerous, Schlesinger views it as vital to the presidency's effectiveness. C) Both Schlesinger and The Federalist 70 view centralization of power in the presidency as dangerous. D) Both Schlesinger and The Federalist 70 view centralization of power in the presidency as vital to the presidency's effectiveness.

A

Which of the following is an action a president can take to rally public support for the administration's legislative agenda? A) Use the State of the Union Address to pressure Congress to pass a bill lowering income taxes. B) Hold private meetings with key members of Congress to promote a compromise on the budget. C) Forge an executive agreement with another country regulating the safety of consumer products. D) Sign a bill into law that would provide increased aid to college students.

A

In the last years presidential primacy, so indispensable to the political order, has turned into presidential supremacy. The constitutional Presidency—as events so apparently disparate as the Indochina War and the Watergate affair showed, has become the imperial Presidency and threatens to be the revolutionary Presidency. . . . The imperial Presidency was essentially the creation of foreign policy. A combination of doctrines and emotions—belief in the permanent and universal crisis, fear of communism, faith in the duty and right of the United States to intervene swiftly in every part of the world—had brought about the unprecedented centralization of decisions. Prolonged war in Vietnam strengthened the tendencies toward both centralization and exclusion. So the imperial Presidency grew at the expense of the constitutional order. Like the cowbird, it hatched its own eggs and pushed the others out of the nest. And, as it overwhelmed the traditional separation of powers in foreign affairs, it began to aspire toward an equivalent centralization of power in the domestic polity. Arthur M. Schlesinger, Jr., The Imperial Presidency, 1973 [Based on the passage above, which of the following constitutional provisions would the author most likely identify as a solution to the problem of the imperial presidency?] A) Congress exercising the power to regulate commerce B)Congress insisting that it declare war prior to the use of international force C) The president making stronger use of bureaucratic discretion D) Congress creating term limits for all members of government

B

Which of the following scenarios illustrates how social media has changed the way presidents relate to the public? A) A president appearing on a late-night comedy talk show to make jokes about the news B) A president announcing a major policy initiative via the Internet rather than calling a press conference C) A president allowing film crews to cover a visit to a natural disaster area to highlight federal aid distribution D) A president hosting a rally in a swing state to increase support for policies helping the working class

B

In the last years presidential primacy, so indispensable to the political order, has turned into presidential supremacy. The constitutional Presidency—as events so apparently disparate as the Indochina War and the Watergate affair showed, has become the imperial Presidency and threatens to be the revolutionary Presidency. . . . The imperial Presidency was essentially the creation of foreign policy. A combination of doctrines and emotions—belief in the permanent and universal crisis, fear of communism, faith in the duty and right of the United States to intervene swiftly in every part of the world—had brought about the unprecedented centralization of decisions. Prolonged war in Vietnam strengthened the tendencies toward both centralization and exclusion. So the imperial Presidency grew at the expense of the constitutional order. Like the cowbird, it hatched its own eggs and pushed the others out of the nest. And, as it overwhelmed the traditional separation of powers in foreign affairs, it began to aspire toward an equivalent centralization of power in the domestic polity. Arthur M. Schlesinger, Jr., The Imperial Presidency, 1973 [Which of the following statements is a correct implication of the author's argument?] A) The modern president has abused the power of the executive branch through the use of the bully pulpit. B) Federal courts play a substantial role in the American political system, but they have been unable to check the executive. C) The perception of multiple crises has led to the growth of an executive branch that is undermining the separation of powers in the government. D) The Constitution has failed to protect the separation of powers by giving the executive branch and the president too much power.

C

Which of the following accurately compares the formal and informal powers of the president? A) Formal Power Vetoing legislation to prevent a bill from becoming law Informal Power Using a pocket veto to prevent a bill from becoming law B) Formal Power Using the bully pulpit to influence public opinion Informal Power Appointing ambassadors and receiving diplomats from other nations C) Formal Power Acting as commander in chief of the military Informal Power Signing executive agreements with foreign nations D) Formal Power Using the power of the purse to support government programs Informal Power Using signing statements to shape legislation

C

Which of the following is articulated in the War Powers Resolution of 1973? (A) The President may declare war (B) The President must finance any war efforts from a special contingency fund. (C) The President must bring troops home from hostilities within 60 to 90 days unless Congress extends the time. (D) The President may not nationalize state militias without congressional consent. (E) The President may not send troops into hostilities without a declaration of war from Congress or a resolution from the United Nations.

C

Article 1, section 8, clause 11

Congress shall have the power to declare war

Article 1, section 8, clause 12-13

Congress shall have the power to raise and support armies and to provide and maintain a navy

The White House Staff (also called the White House Office)

Consists of about 400 personal staff of the president, headed by the Chief of Staff, the top aid to the President. The White House Staff is probably the most important part of the Executive Office of the President in that, unlike the heads of the other parts of the EOP or members of the president's cabinet, the White House Staff is uniquely appointed by the President without Senate confirmation. Presidents have come to rely particularly heavily on their White House Staff because nowhere else can presidents find the loyalty, trust and single-mindedness that often develops among their closest White House aides.

Shortly after the 2008 election, President Obama appointed outspoken and controversial House member Rahm Emanuel to lead his White House as chief of staff. The selection drew criticism from Republican leaders, including House minority leader John Boehner, who remarked that the selection "is an ironic choice for a president-elect who has promised to change Washington, make politics more civil, and govern from the center." Which of the following explains how Congress could legitimately respond to the appointment? A)The Senate could refuse to confirm the appointment. B) The House of Representatives could filibuster the nomination. C) The Rules Committee could refuse to release the bill that made the appointment. D) Members of Congress could issue statements opposing the appointment but have no formal power to block it.

D

Which of the following is an example of how the innovation of social media can influence presidential behavior? A) The president holds a press conference to discuss midterm election results. B) The president outlines the administration's legislative agenda in the State of the Union Address. C) The president hosts a White House dinner with a foreign head of state. D) The president announces the nomination of a cabinet secretary on the Internet.

D

Which of the following situations is an example of the president using the bully pulpit as a tool for agenda setting? A) President Clinton invoking executive privilege in resisting a subpoena by the United States Senate during the Whitewater investigation B) President Bush issuing a signing statement in the Detainee Treatment Act of 2005 that considerably weakened its provisions C) President Obama issuing an executive order delaying the deportation of at least five million undocumented immigrants D) President Reagan delivering a televised address urging a reduction in federal taxes

D

The Office of Management and Budget (OMB)

It became a tradition in the 20th century for presidents to start our nation's budget debate by submitting a budget each year to Congress. The largest office in the EOP, the OMB has the job of preparing this national budget the President proposes to Congress. The OMB also manages and controls (checks the budgets and spending) the executive agencies for the president. The OMB has enormous power because of its ability to allocate money to the cabinet departments through the budget process. Increasing or decreasing a department's budget is a way for the president to keep control of their cabinet departments and prevent them from straying away from the president's agenda.

Budget power

President develops (OMB helps) and submits a yearly national budget to Congress

Article II Section 2 Clause 1

The President shall be Commander inChief of the army and navy of the United States.

Signing Statement

a written comment issued by a President when signing legislation. Involve claims by presidents that they believe some part of the legislation is unconstitutional and therefore they intend to ignore it or to implement it only in ways they believe is constitutional. Some critics argue that the proper presidential action is either to veto the legislation (Constitution, Article I, section 7) or to "faithfully execute" the laws (Constitution, Article II, section 3), and that other options such as signing statements are not constitutional.

How are cabinet heads often perceived?

as staunch advocates of just their own departments and the constituencies their departments serve, rather than the President. Cabinet secretaries compete with each other over who gets more of the budget dollars for their department, contributing to a general decline in the number of cabinet meetings held by recent presidents. Plus, the goals of the Cabinet departments can at times conflict with the President's goals.

The National Security Council (NSC)

headed by the National Security Advisor and advises the President on American military affairs and foreign policy.

Line of Presidential Succession

vice president, speaker of the house, president pro tempore of the Senate, secretary of state