AP Gov Chapter 4: The Executive Branch
what 2 presidents are ranked at the bottom of the list of effective presidents?
Franklin Pierce and James Bunchanan, who preceded Lincoln
line item veto
presidents also employ line-item vetoes in certain circumstances, which is vetoing only part of the bill (a line) -this empowers a president to eliminate a line of an appropriations bill or a budgeting measure -he isn't allowed to do this most of the time because then he is writing and making laws himself in a sense.
22nd Amendment (1951)
prevents any president from serving more than 2 consecutive terms or a total of 10 years. If a person becomes president by filling a vacancy that person can still serve two consecutive terms - hence the 10 year limit.
25th amendment (1967)
provides for the vice president to assume presidential duties if the president is incapacitated or disabled. The amendment also provides for the president to officially handover temporary decision making authority
12th Amendment (1804)
electors vote for the president and for vice president
what was the one-person executive office created by the delegates in Philly called by skeptics? how did the delegates respond?
fears arose and skeptics called it the "fetus of monarchy". one delegate explained "it will not be too strong to say that the station will probably be filled by men preeminent for their ability and virtue"
what did Woodrow Wilson contribute to expanding the office of the president?
he delivered a State of the Union address and created a platform to present and gain popularity for his ideas -people then believed the president could not be a mere domesetic officer, he must stand at the front of the U.S affairs
what are some informal titles of the president?
"salesman in chief": when he travels around the country pushing for his new initiatives. "Healer in chief": when he visits a disaster-ridden area after a flood, hurricane or mass shooting. "chief of party": as he's the face of his party.
details on Cabinet
-Article 2 refers to the cabinet when it says "the principal officers in each of the executive departments", today 15 cabinet secretaries, such as secretary of defense, of transportation etc, advise the president, but spend more time running large government departments. Presidents can add additional members to Cabinet.
how was George Washington an example for future presidents?
-George Washington had a 5 paragraph job description and accepted being addressed as Mr. President -The Presidents that followed Washington (early presidents) faithfully carried out congressional acts, exercised the veto minimally and followed Washington's precedent to serve no more than 2 terms, which he did to allay any fear of an overbearing executive -his precedent became the 22nd amendment -most of these powerful men let Congress be the chief policy making branch, while their office executes the laws and policies passed by them
what are the duties and limits of the Presidency listed in Article 2?
-Must receive a majority of Electoral College votes to win the office -Shall hold office for a 4 year term -Shall be the 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 converse or adjourn Congress
how did Obama embrace new media (White House Office of Digital Strategy)?
-President Obama created a new White House Office of Digital Strategy, made of 14 people. -It had people to write blog posts, upload video segments to Youtube, share photos and craft tweets to eliminate doubts on policies. They targeted certain things to certain audiences.
how does the President use "powers of persuasion"?
-Presidents can use informal political powers, to personally call the moderate members of Senate who are wavering on passing a bill the president has proposed or is fighting for -Trump personally called lawmakers and used his skills as a salesman to push they vote for his tax cuts act in time for Christmas
senate standoffs over Cabinet appointments
-Trump nominated Betsy DeVos as education secretary. Her agenda and experience was for private schools only, and she lacked information on public schools. The educational community was generally against her nomination. At her public confirmation hearing, her competence in the field seemed shaky. It raised eyebrows on Capitol Hill and in the news. Two republican senators voted against her leaving the Senate in a dead tie, and Vice President Pence's tie breaking vote was the first time ever a vice president cast a tie vote on a Cabinet secretary nomination. -Senator Tower had the resume and experience to serve as a defense secretary but allegations of heavy drinking, reputation as a playboy and "womanizer" got him voted down by Senate
Trump as "tweeter in chief"
-Trump utilizes Twitter to speak directly to the nation, and he says he does this because it's the only way to fight in a dishonest press. - He refers to mainstream media outlets as "fake news". -He has broken established presidential communication norms repeatedly, by publicly questioning the legitimacy of judges, publicly denouncing his own justice department, and tweeted his views on foreign policy without consulting his advisors.
order of presidential succession
-Vice President -Speaker of the House -President Pro Tempore of the Senate -Secretary of State -Secretary of the Treasury -Secretary of Defense -Attorney General -the Remaining Cabinet Secretaries (Vice president, to congressional leaders and then the 15 Cabinet secretaries in the chronological order of when their departments were created)
what does the president need to maintain with Congress?
-a positive relationship. this is not always easy, especially in times of divided government. -Congress authors most law, is the cashier of the federal purse and the interview committe for presidential appointments, so being in good graces with both the senators and representatives is needed
what happens each year with presidential appointments and the Senate?
-a president will appoint 65,000 military leaders and about 2,000 civilian officers per two year Congressional term, most of whom are confirmed routinely, many times approved en bloc (all together at the same time). -Hundreds of Presidential appointments are investigated by the Senate each year. Most appointees are ultimately confirmed by the Senate. -Recent Presidents have nominated members of the opposite party to serve in advisory positions (in an attempt to lessen hate and make people cooperate, unify country. Trump has 2 or 3 democrats in cabinet). This is done in an attempt to "reach across the aisle".
how did Abraham Lincoln expand the presidency and assume powers, under national crisis?
-after the Southern states seceded, Abraham Lincoln expanded the presidency by assuming powers to save the Union and abolish slavery. -he assembled the militia, made the Army and Navy bigger than allowed, suspended habeas corpus, arrested disloyal people, arrested without warrant, seized property and suppressed newspapers. -these were all constitutional violations, but he is excused for them as it was in the name of saving the U.S.
EOP (Executive Office of the President)
-an office that coordinates several independent agencies, and carries out most constitutional duties, with large group of advisers and supporting agencies that handle the budget, the economy and staffing across the bureaucracy -It was created when FDR needed an expanded presidential staff. -it now includes the: Office of Management and Budget the CIA the Council of Economic Advisers National Security Council and other agencies
lame duck/ lame duck period
-an outgoing president, especially an unpopular one, is sometimes referred to as a lame duck. A duck that can't fly because by that point in the term the president's power is greatly diminished. -the period typically begins after the nation has elected a new president and before the exit of the old one
what are the president's judicial powers?
-approving of federal judges (with Congressional approval) -granting of reprieves and pardons for offenses against the U.S (president will issue an act of clemency through pardon, lessening sentences or amnesty (pardoning a large group) (this is used frequently by "lame duck" presidents, because they're out anyway and don't care about the backlash)
what does the President become as Head of State?
-as Head of State, the president becomes nation's chief ambassador and public face of the country. --Running a federal bureaucracy that resembles a corporation with nearly three million employees, president is CEO
who is included in the white house staff (titles)?
-beyond chief of staff, inner circle includes the White House press secretary (the top communicator to the people), the president's lawyer or chief counsel: and his point person on any issue of international safety, the national security adviser. This assistant coordinates information coming to the president from the CIA, the military, and the State Department to assess any security threat to the US.
commander in chief details
-gives the president much control over the military -the decesion of declaring war is soley up to Congress, but the question of what constituents a war is not always clear -commander in chief's authority often shifts with the president, Obama developed his own policy for targeting terrorism and was often meeting and getting information from intelllgience and military officers
what did Franklin Delano Roosevelt (FDR) contribute to expanding the office of the president?
-he became president during the Great Depression and suggested to Congress a lot of his own legislation to help the nation out of despair -to prevent the SC of opposite party from shooting down his legislation, he moved to increase the number of seats on the Court with plans to place judges favorable to his proposals on the bench -he overruled civil liberties in the name of national security and authorized the creation of "military areas" -he was elected to 4 terms
how does the president still in many ways serve as the Chief Legislator (even though he cannot introduce legislation on the House or Senate floor)?
-he can convene or adjourn Congress -the Consitition provides that he may reccomend bills to Congress, and presidents may recommend new laws in public appearances and in their state of the union address or other events, pushing Congress to pass their proposals -they can ask Congress to pass laws to clean up air and water, amend constitution, create a national health care system, and declare war. -a President with a strong personality can carry it out better than all 535 members of Congress.
what powers does the president have over congressional bills?
-he has the final stamp of approval and also has a chance to reject them with an executive veto -after a bill passes both the House and the Senate the president has 10 days (not including Sundays) to sign it into law or veto it -vetoes most commonly occur under divided government, where one party dominates Congress and another dominates the presidency
ambassadors
-highly likely to be confirmed by the Senate. These positions are often awarded to people who helped fund the president's campaign rather than people well qualified for the job. Nixon once said to be an ambassador you have to give at least $250,000 -30% of ambassadors are poltical appointees, and most have little to no experience to qualify them -one of Obama's nominations was then withdrawn after he knew nothing of Norwegian political issues
what happens when a president does not sign or veto a bill?
-if a president either does not veto or sign a bill within the 10-day approval period it becomes law automatically, and if the law that's enacted is unpopular, he can say "hey sorry I didn't sign it in", he doesn't have to take a side on it. -a pocket veto occurs when a president receives the bill within and does nothing within the final 10 days of a Congressional Session. This kills the bill. -since much legislation arrives at the end of a session, the president can eliminate plans with a pocket veto
recess appointments
-if the senate is not in session when a vacancy arises, the president can approve a replacement who will serve until the Senate reconvenes and votes on that official -this is in the constitution because the founders did not anticipate congress coveneing as often as it does modernly
what are the reasons for president's expanded powers?
-in emergencies, legislatures were too big, too unwieldy and too slow to cope with crisis, so the president should be able to resort to exceptional power. -war and international conflict has necessitated the commander in chief's strong, and rapid response to enemies and hostile nations. -economic or domestic crises have raised popular expectations for strong leadership and new ideas -a president's personality can help them expand executive powers
white house staff
-the president's immediate staff of specialists runs the White House Office. -they require no senate approval and tend to come from the president's inner circle or campaign team. -they operate in the West Wing of the building. -Presidents sometimes come to rely on their staffs more than their 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. -The staff travels and interacts with the president daily.
how do the presidents control pictures and appearance online?
-the white house hires a photographer who uploads carefully taken photos to shine the president in a certain light. -These photos then circulate and dominate news websites. -Independent photojournalists take their own photos to tell the full story of the president, not the controlled story. - Obama's flickr feed had more than 600 quality and well chosen images.
details on judicial appointments
-most of the interaction is when the president makes Judicial Appointments, and they happen to serve for life. -Only a fraction of the federal courts will have an opening during a president's time in office. -The president appoints scores (groups of 20) of federal judges during each 4 year term, because in addition to the 9 justices on the SC, more than 650 serve on the 94 U.S district courts across the country and more than 170 serve on the US appeals courts. -Because of life tenure, the President rarely gets to appoint Federal Judges (he appoints but they don't get confirmed). -Supreme Court is very powerful, they serve for life and only people that can remove them are themselves. -The Senate is much more likely to reject a Judge than a Cabinet member. If a president appoints like minded judges, senators on the opposite end of the ideological spectrum are unlikely to welcome the judges. -If a senator wants to block a judicial nomination, 60 or more senators would be required to prevent that. The cloture rule prevents the majority party from overrunning the minority party, as it is rare for one party to hold 60 or more seats. -Judicial nominations can cause a lot of stress and tension in the Senate (Judge Kavanaugh).
what are the requirements to be president in Article 2 of the Constitution?
-natural born citizen -at least 35 years old -a U.S resident for at least 14 years before taking office
chief of staff
-no official policy making power, but the president seeks the chief of staff's opinion on many issues, giving this position a great deal of influence (basically the head of the White House Staff) -Chiefs of staff tend to be tough, punctual, detail-oriented managers and these qualities allow the president to concentrate on big-picture decisions.
national security council
-part of EOP -they keep the President informed on any threats to the US. (so like when North Korea threatens). -It includes the president, vice president, secretaries of defense and state, head of the CIA, the president's national security advisor, the top uniformed military leaders, and a few other major principles of the executive branch -president chairs this council and still remains commander in chief
how do presidents use manipulation?
-presidential press conferences are staged events. -Press secretaries and presidents anticipate questions and rehearse in advance with planned answers. -There were complaints that Bush's press conferences were an affront to the media. His administration distributed government-prepared "news reports" to local TV stations across the country to promote his programs, planned fake reporters to ask him questions and paid large sums of public money to writers to promote their programs.
defense department
-secreataries of defense are civilian officers who have not served in the military for at least 7 years. -Headquartered at pentagon, just outside nation's capital. This ensures that a military dictatorship may not take over the government (you would think the military should run this but they don't because they'd maybe be bias to their part (like Marines), or because the military and president could take over in dictatorship and no one would stop them because they have military power). -Defense takes up ⅕ of the federal budget -includes Army, Navy, Air Force, and Marine: all of the nation's military branches under one command -a council made up of the chiefs of staff of those organizations heads up the department
what are some checks on the president?
-senate has the power to advise and consent on appointments -the Presidential salary cannot increase or decrease during the elected term (it's now $400,000) -president is subject to impeachment
when does the President interact with the judiciary?
-the President must also interact with the Judiciary. -one way is the President's enforcement of judicial orders. -the branches also interact if the judicial branch checks the president and declares his action unconstitutional
details on Vice President
-the VP seems like the 2nd most powerful office but he's really just an assistant to the president with little influence and an undefined job description -diff presidents have given their VPs diff roles and degrees of authority, some VPs have been leaders on both domestic and international crisis -VP is the president of the Senate, but a nonvoting member except in cases of a tie -Joe Biden helped carry out Obama's policy goals, who was the point man on foreign policy matters -Mike Pence has taken an active role in supporting issues of concern to evangelical Christians
how can a president's personality and popularity lead to them gaining more expanded powers?
-the dominating personality and popularity of Andrew Jackson brought about noticeable change during his presidency, and he blazed a path for presidential dominance. -he was a forceful military general, used veto 12 times, his opposition to national bank combined with his headstrong demeanor caused a rift between president and other branches, while his popularity among farmers and workers enhanced his power
state department
-the first department Congress created, headed by Thomas Jefferson. -state department is the president's main diplomatic body. (diplomat means representing your nation). -Deputy secretaries oversee U.S relations in designated regions or continents. -For each nation the U.S recognizes, the State Department employs an ambassador and operates an embassy (offices) in that country, and that country has an embassy in Washington. -US Ambassadors oversee nearly every nation in the world
the president as Chief Diplomat
-the president has the power "to make treaties" and "receive ambassadors and other public ministers" -only congress may approve a Treaty entered into by the President, so if he wants to sign a treaty with a bad person, congress wouldn't approve (⅔ vote) -The president does maintain active in diplomatic relations, using informal interpersonal powers to advance U.S interests with other nations. They have phone convos, face-to-face meetings and video teleconferences. -Congress can fund or refuse to fund a diplomatic endeavor, such as aid for a country hit by disaster. --The Senate can also reject a president's appointed U.S ambassadors and can ratify (by ⅔) or reject the president's treaties.
how does the President work on legislation ideas?
-the president meets with the leaders of Congress on occasion to discuss pending bills or to compromise on proposals. -but a president realizes they need a staff to research, draft and manage legislation, and most presidents have appointed liaisons with Congress to carry out those tasks. -that is called The Office of Legislative Affairs and is part of the bureaucracy
federal agencies
-there are many sub cabinet positions that help carry out the policies of the Executive Branch, and they fall under larger departments -Federal Bureau of Investigation (FBI) - crime fighting organization falls in Justice Department. The Coast Guard falls in the Department of Homeland Security. -Other agencies include Food and Drug Association (FDA), the Internal Revenue Service (IRS), the Central Intelligence Agency (CIA) and the Postal Service. -Thousands of people in Washington and across the country staff these agencies. They carry out laws Congress has passed with funds Congress has allotted. -The Federal Register currently lists 441 agencies working in federal government.
what is the difference between a treaty and an executive agreement?
-through treaties presidents can facilitate trade, provide for mutual defense, help set international environmental standards or prevent weapons testing, as long as the Senate approves. -Executive agreements with foreign countries are similar to treaties but do not require the Senate's two-thirds vote. I -they are a simple contract between two heads of state: the president and a prime minister, king, or president of another nation. Like any agreement, such contract is only binding as each sides willingness to keep the promise. To carry it out presidents need cooperation from other people and institutions in the government. These compacts cannot violate prior treaties or congressional acts and aren't binding on successive presidents.
in addition to Congress and the Courts the president must maintain good relations with the press, why is this and how do they do it?
-to aid in this, the President employs an entire communication staff. This staff includes speech writers and public relations experts. -The white house has a day to day challenge of responding to the 50 or more journalists clamoring for the president's attention. -The communications office works to control information coming out of the white house and tries to shape the president's message that will ultimately define if his policies succeed or fail.
why was Andrew Johnson impeached? and why was Bill Clinton?
Andrew Johnson: violating the Tenure of Office Act Bill Clinton: perjury and obstruction of justice
what shapes the presidency (as in written documents)?
Article II, Article I (which covers veteos), 5 constitutional amendments, federal law, Supreme Court decisions, customs and precedents
name all of the departments (and the acronym to remember)
State (She) Treasury (Took) Defense (Donuts) Justice (Just) Labor (Like) Homeland Security (Her Sister)
what would happen if a problem arises (such as illness, impeachment or death), and the office of the president becomes vacant?
The Presidential Succession Act (1947) prevents any doubt of who should assume office -the law assigns 18 positions beyond the president to assume it
relationship with the press
Theodore Roosevelt used the bully pulpit of presidency to speak to people and use powers of persuasion -he would speak with reporters while getting a morning shave, etc, making themselves more likable, and reserving some information to their favorite reporters.
some examples of early presidents who didn't let Congress be the chief policy-making branch
Thomas Jefferson: purchased Louisana Terroritory without congressional approval James Madison: led the nation into a second war against Great Britain Monroe: established foreign policy which the U.S dominated Western Hemisphere
what is imperial presidency?
a powerful executive position guided by a weaker Congress. Webster's dictionary defines it as: "A U.S presidency that is characterized by greater power than the Constitution allows." -as stronger presidents came along they started to not yield power to Congress which led to this. -put simply its how presidents have started to do things outside the scope of their responsibilities
executive orders
an executive order empowers the president to carry out the law or to administer the government. unlike a criminal law or monetary approprtiation, which requires Congress to act, a presidential directive falls within executive authority. -for example, the president can define how the military and other departments operate -most recently, Trump issued an executive order outling an immigration policy that limited travelers to the U.S from 6 muslim dominated countries -these orders cannot adresss matters that have exclusive congressional jurdisdiction, such as altering the tax code, creating new interstate commerce regulations or redesigning the currency -these orders can be challenged in court
how have modern presidents been both helped and hindered by the media?
anything the president does is on the news, and news stations always want headlines. -24 hour News Networks, and social media are ways that the President can communicate directly with the people. -Modern Presidents also need to be more self aware of their image due to almost constant scrutiny not only by Americans, but by the entire world.
the president's formal powers that enable him to appoint a team to execute the laws and accomplish his policy agenda
assembling a cabinet is one of the President's formal powers -In addition to the Cabinet (advisors to president), the president is in charge of more than 2,000 Executive employees. At the top are Cabinet officials, then the agency directors, military leaders and commissioned officers, and the support staff that works directly for the president. -Most of these employees serve at the pleasure of the president and some are kept on when the new president is elected. Other positions are protected by statute or SC decisions
23rd Amendment (1961)
awards electors to the District of Colombia
why did the Framers include specific roles and several provisions to limit and check the powers of the president?
because they took seriously the concerns of the antifederalists, who believed a single leader could become a monarch
how does the president begin his term?
by agreeing to the oath of office word for word from the Consittution before the chief justice of the SC at noon on January 20th
what did Theodore Roosevelt contribute to expanding the office of the president?
his stewardship theory approach to governing presumed presidential power is only limited by specifically written limits in the Constitution. Like a good steward, a president should exercise as much authority needed to take care of the people.
who popularized the term "imperial presidency"?
historian Arthur Schlesigner Jr in his 1973 book of the same name
details on impeachment?
impeachment is outlined in Article I, and gives the House the sole power of impeachment (accusation) which it can declare with a simple majority (half of the house +1) -the impeached official has a trial in front of the Senate. Senate can vote to convict and thus remove him (power of acquittal or removal). -A ⅔ vote is required to remove him -Two presidents have been impeached: Andrew Johnson and Bill Clinton, but neither have been convicted and kicked out. Nixon would have been removed, but he resigned. -Bill Clinton was impeached but not convicted. You can be charged (impeached) but not removed from office. At Clinton's time, House was Republican and accused him. But he was not removed by Senate (mostly Democrat). People didn't see lying under oath as a crime, they thought he was doing it to save his marriage
what do most presidents claim that can cause lots of clashes with Congress?
inherent powers, those that may not be explicitly listed but are nonetheless within the jurisdiction of the executive
what does the U.S Secretary of State do?
is the President's main diplomat, overseeing U.S ambassadors to foreign countries.
what does the media's attention on the president do for them?
it provides them with a bully pulpit - a brightly lit stage to pitch ideas to the American people, and a chance to persuade the people to agree with his proposals
how did the framers design the presidency vs what the presidency has become and is now?
it was designed to be a limited executive office meant to carry out the ideas put into law by Congress, but it has become the seat for a powerful captain of the ship of state, buoyed by support institutions and American expectation.
what does Article 2 accomplish?
lists qualifications for holding the office and lists all the formal duties of the office
what are president's mindful of when appointing Cabinet secretaries?
modern cabinet members are a diverse group in terms of geography, gender, ethnicity and party membership. sometimes you'd put a member of the opposite party in to please the country, after you pull it apart after election -showcasing token minority appointments and stocking the team with a visibily diverse staff can help accomplish agenda -FDR appointed the first womman -Labor Francis Perkins appointed first African American
20th Amendment (1933)
moved the presidential inauguration from March 4th to Jan 20th in 1933. -this shrank the lame duck period because the country no longer needed that much time for presidental transition
details on state of the union address
the constitution requires the president to report to Congress from time to time on the state of the union. -The president explains the economic, military and social state of the nation, proposes new policies or acts Congress should pass and explains how he is administering government programs. -It has become an annual tradition where both houses of Congress convene in the House chamber and receive the president, his cabinet and his prepared words for about an hour. -Typically in late january or early february -News cycles and a large audience come so the president carefully crafts a speech with statistics, and soundbites to propel his initiatives. -They often follow the speech with appearances in carefully chosen locations in the country, there he sells ideas.
honeymoon period
the early days of the president's first term when people are getting to know their new president -the news during this time includes how the president plans to fulfill their campagain promises, appoint his Cabniet, and how the first family will decorate the White House
what does the President become as Head of Party?
the most identifiable Democrat or Republican
removal
the president can remove upper-level executive branch officials at will, except those that head independent regulatory agencies. He must show cause and explain the reason for the dismissal of regulatory heads. This power of removal has been subject to debate, some believe Senate should have this power under the advise and consent power and some argue the president should have full control over his subordinates. -Andrew Johnson was impeached for removing a Secrectary of War without cause
executive privilege
the right of a president to withhold information or their decision making process from another branch, especially Congress. -Presidents have particular asserted that they need not make public any advice they received from their subordinates. Sometimes staff input is offered anonymously, which causes a problem for the president if he is asked to reveal the source. Some decline to reveal. -Presidents can still withhold some information, but they cannot do so when it involved a criminal investigation.
why are Cabinet nominations almost always approved by the Senate?
the typical acceptance of Cabinet appointees results from the custom of the Senate to let the president form his own team. -The president won and should have the prerogative of shaping his administration -Presidents commonly choose senators to move over to the executive branch and serve in their cabinet. -to date, the Senate has rejected only 9 department secretaries
threatening a veto
this is an informal power of the president (it makes congress revise it and work cooperatively before sending it so they can avoid the veto)
signing statements
though the president cannot change the wording of a bill, several presidents have offered signing statements when signing a bill into law. These statements explain their interpretation of the bill, their understanding of what is expected of them to carry it out or just a commentary.
why must the executive branch publicize its reasons for proposed legislation and its benefits?
to pass legislation the constituents of individual Congress member must like the president's proposed bills or foreign policy plans, or they'll urge the representative or senator to vote against it.
war powers act
under this the president can: -order troops into combat 48 hours before notifying Congress -President has 60 days to gain Congressional approval to continue, or he has to remove the troops, he may take a 30 day extension if he wants -Wars that weren't declared as wars are called police actions. We've fought in 150 wars, only called 5 wars. -this was done to allow the president to act quickly without Congress approval in a time of need, but check and limit that power