AP Gov, President, Executive Branch & Federal Bureaucracy
What tool can a President use to sidestep Congress when making trade agreements?
Fast-track authority. this bars amendments and requires an up or down vote within 90 days of the introduction
Who can a President pardon?
A president can pardon anyone who has already been declared guilty by a U.S. court. He/she can even pardon large classes of people such as veterans who fled a war. When the President pardon's someone it is called "given amnesty"
Pendleton Act
A reform measure that established the merit system for hiring civil-service employees and also the Civil Service Commission
Who is part of the Presidential Establishment (the circle of Love)
the Vice President The Cabinet The First Lady (& her staff) The Executive Office of the President (EOP) The White House Staff
What is the largest Department?
Department of Homeland Security
What are the requirements to run for President?
1. 35 years or older, 2. natural-born citizen of the U.S., 3. a resident of the U.S. for 14 years or longer
All government agencies (federal bureaucracies) fall into 4 general categories:
1. Cabinet Departments (These are within the President's circle) 2. Government Corporations 3. Independent Executive Agencies 4. Independent Regulatory Commission
The role of the Presidency has grown over time. Today it is far from what the Framers envisioned. What general stages occurred to make this happen?
1. George Washington had to set up everything from scratch. He took full advantage of the 6 given powers within the Constitution by dealing with other nations and solving domestic disputes with his military powers. He also declared "inherent powers" in his dealings with foreign nations. However, the size of the government was relatively small compared to today. 2. The Presidents who served from 1809 to 1933 grew the role of the Presidency due to necessity. Mostly from Westward Expansion and the need to serve a growing population. During this time, Lincoln sidestepped Congress to grow the bureaucracy claiming war time necessitated it. 3. FDR and the Modern Presidency: When FDR became president he took over a country in deep depression. to solve this he instituted the "New Deal" which introduced many new programs, agencies, bureaus, etc. all designed to help the country and people during this time. This created a huge leap in the size and scope of the Presidency, and future Presidents have only continued to grow it since.
How is the U.S. bureaucracy different from the bureaucracies of other countries?
1. Other countries contain businesses within their bureaucracies, such as countries in Europe who own and operate car companies, manufacturing etc. as part of their bureaucracy. While the U.S. does have Government Corporations, these are only used when absolutely necessary. 2. Multiple branches of government have some degree of control over the bureaucracy, as opposed to other countries where one group or person is in charge. 3. The rule-making process allows for intervention of the bureaucracy by individual people, and the people have much more say in general over what bureaucracy can and should accomplish.
What are the three major steps of rule-making
1. public notice of rule-making proceedings in the Federal Registrar, 2. Interested parties are given the opportunity to submit written arguments and facts relevant to the rule, 3. the statutory purpose and basis of the rule by stated. After rules are published there is are 30 days before it can take effect.
The 10% of federal employees that do not fall within the civil service system (merit system) fall into 3 categories:
1.. President-appointed policy-making positions (about 3500) 2. Independent Regulatory Commissioners: These people head IRCs and the President has the authority to hire as many as 100 commissioners, but they are independent of the President once they start their job. 3. Low-level, non-policy patronage positions: these are generally direct assistants to policy makers in #1.
How many Cabinet Departments are there?
15 Top level (State, Treasury, Defense, Justice) Mid level (Interior, Agriculture, Commerce, Labor, Transportation) Bottom-level(Housing & Urban Dev., Health &Human Services, Energy, Education, Veterans Affairs, Homeland Security)
Federal employees of the Cabinet are what percentage of total federal government employees
60%
What does Civilian mean?
A civilian is any non-military employee. Even employees within the Department of Defense are technically civilian, as they are not active military, however, most Dept of Defense employees were once in the Military.
What percentage of federal employees work in Washington?
About 10% of 3,000,000 or 300,000. the rest are spread across the country
Independent regulatory commissions
Agencies created by Congress to exist outside the major departments and they regulate specific activity or interests. These exist because Congress can't possible keep an eye on everything
How are Departments organized
All Departments are different, based on what they do and how they need to operate. Some departments are spread out geographically like the Department of Treasury to
What is the General Schedule?
Also called "GS", this is the pay scale guide that contains 15 pay levels. Most federal government employees determine their salary based on the GS, with the exception of the 10% of federal workers that are highest-level employees.
the Hatch Act
Also known as the Political Activities Act of 1939, prohibits federal employees from becoming directly involved in working for political candidates. There is a long list of specific things a government employee may and may not due with regards to this.
What article of the Constitution gives Congress the right to create departments, agencies, commissions, etc.?
Article 1 Section 8
The Postmaster General has what ranking within the federal bureaucracy?
Cabinet Member
The Post office was originally a part of which U.S. Department before it grew to large due to westward expansion in the U.S.
Department of the Treasury
Who do Cabinet Secretary report to?
Directly to the President, but also to the businesses or people which are directly affected by their policies. So the Department of Commerce has to work w with business leaders as well as the President. All Cabinet Secretaries also have to work with Congress regarding their budgets.
Who runs independent regulatory commissions
Each is run by a committee of 5 to 7 members (odd number to avoid tie votes) which are selected by the President and approved by the Senate. They are elected on staggered terms to increase bipartisanship. Heads of these commissions cannot easily be removed by President
What is the Executive Office of the President
FDR was the first president to use one. he installed it to help him oversee his "new deal" programs. Today the EOP has expanded to include advisors to the President in helping the President form and implement his policies. Today's members of the EOP typically include the National Security Council, the Council of Economic Advisors, the Office of Management and Budget, the VP, and the U.S. Trade Representative. The President can include whoever he wants based on the policies that are important to him.
name some differences between government/bureaucracies and business
Government bureaucracies exist for public good, business exist for profit. Businesses get money from customers, government from taxpayers. the nature of business rewards risk-taking amongst its employees, the government rewards "not-making-mistakes".
Bureaucrats
Government employees who work at all levels of government, from directly advising the President, to a secretary for the IRS in Omaha, NE. This includes Cabinet-level departments and independent agencies and comprise more than 2,000 bureaus, divisions, branches, offices, services, and other subunits of the fed government. There are about 3 million federal workers or 1 % of US population
independent executive agencies
Governmental units that closely resemble Cabinet departments but have narrower areas of responsibility and perform services rather than regulatory functions. The president appoints the heads of these independent executive agencies and serve at his discretion
What is the ICC and why does it exist
Interstate Commerce Commission; the first independent regulatory commission, it was designed oversee and respond to unfair business practices
What is the 1946 Administrative Procedures Act
It established the specific steps involved in the rule-making process.
What is rule-making
It is a stricly defined process/steps that result in regulations that have the characteristics of a legislative act.
What are Departments?
Major administrative units with responsibility for a broad area of government operations. The status of "Department" to any federal organization usually indicates that they deal with a permanent national interest in a particular government function, such as Defense, Commerce or Agriculture
identify the informal powers the President may use to influence public policy
Make legislative proposals, the bully pulpit, power of persuasion, executive orders, signing statements
What has prompted the government to hire contractors instead of employees for positions in Departments like Homeland Security, Transportation Security Administration or skilled positions in the Middle East?
Many government employees either leave these positions after a short period of time because they're able to get higher-paying jobs based on their unique experience, or its hard to find people to work in dangerous locations like the Middle East. Therefore, when the government cannot fill these positions they hire contractors. Contractors get paid more money but do not get guarantees for future work or other government benefits.
Explain what factors typically impact a President's approval rating?
Most President's get a natural surge in popularity/approval in the first year of their Presidency. Sometimes they also get a bump or dip in approval ratings based on how they respond to a natural disaster or war. President Bush had surging approval ratings after 9/11 but low approval ratings after Hurricane Katrina
From the beginning of the nation to the early 1860s, the bureaucracy was rather small but growing. Where were the most jobs formed during this time.
Most growth until the early 1860s came from necessity due to the growth of the U.S. population and the westward expansion of the U.S. territory. The postal service, just as an example, had to hire more and more postal carriers in more and more places. The Civil War (1861-1865) brought about a huge expansion in the bureaucracy. President Lincoln not only added many new employees to existing agencies, but he also added new agencies such as the Department of Agriculture and the Pension Office
Give some examples of Independent Executive Agencies
NASA and the EPA
Give some examples of independent regulatory commissions
National Labor Relations Board (check to make sure companies aren't abusing employees), Federal Reserve Board (monitor the U. S. monetary policy), Federal Communications Commission (tell us what we can and cant watch or say or not say), Securities Exchange Commission (monitor stock and bond trading)
Why is the "graying" of the federal workforce a concern?
Older employees, many mid-level or higher will retire at the same time. This will create many open spots in important positions. in 1977 the Government started the Presidential Management Fellows Program as a way to help train lower-level employees into mid-level positions, and this program will be relied on to help with this problem.
During President Andrew Jackson's tenure and beyond, how were government jobs awarded.
President Andrew Jackson famously said "to the victor, go the spoils" and he was famous for using the spoils system to fire existing bureaucrats and replace them with people who were loyal to his party.
what are the five bureaucratic pathologies?
Red-Tape, Conflict, Duplication, Imperialism, Waste
Why does Rule-Making exist
Rule-Making exists as a way to try to narrowly define what bureaucrats can and cannot do in the process of their jobs; in short, rule-making is a way to limit administrative discretion.
Cabinet Members are called
Secretaries, like Secretary of State is the head of the State Department. However, the head of the Justice Department is called the Attorney General, not the Secretary of Justice.
What were the first three cabinet positions?
Secretary of State (Department of State), Secretary of War (Department of War*), Secretary of Treasury (Department of Treasury). While George Washington also used an Attorney General, the Department of Justice was not yet formed. *The Department of War is now called Defense
How did the 16th Amendment impact bureaucracy?
The 16th amendment gave Congress the ability to implement a federal income tax to supplement the national treasury, and provided a huge infusion of funds to support new federal agencies, services, and programs
Which Amendment was created based on the Presidential Succession Act?
The 25th Amendment. It listed the order of succession and added power to the Vice President and the Cabinet to deem a President unable to fulfill his duties and it sets up a procedure to allow the VP to become acting President if the President becomes incapacitated.
What are the specific powers given to the President in the Constitution?
The Appointment Power, the Power to Convene Congress, the power to make treaties, the veto power, the pardon power, commander-in-chief
How did the Civil War influence the growth of bureaucracy?
The Civil War (1861-1865) brought about a huge expansion in the bureaucracy. President Lincoln not only added many new employees to existing agencies, but he also added new agencies such as the Department of Agriculture and the Pension Office
Two examples of New bureaucracies created due to the Civil War
The Deparment of Agriculture to deal with the poor harvests and destruction of farmland because of the war; the Pension Office to pay the Union soldiers.
What is the First Lady's primary role?
The First Lady is usually at the President's side and as a hostess when welcoming guests and foreign leaders. The First Lady usually also has her own cause(s) that she supports while her husband is in office. First Lady Obama worked to promote healthy eating for kids and organic gardening
During the late 1800s, Congress created the Interstate Commerce Commission. What was the purpose of this commission and how did it differ from other bureaucratic agencies?
The ICC was created to protect the rights of citizens in the wake of the growth of big business after the Civil War. Railroads and other companies were price fixing and doing other unfair business practices like charging outrageous rates for hauling freight. the ICC was the first agency to operate outside of a major executive department, and as an independent regulatory agency the President appointed but could not easily remove the head of the ICC, which was not the case with Cabinet Secretaries that he appointed.
What is the National Security Council?
The National Security Council was formed in 1947 to advise the President of military affairs and foreign policy. It is made up of the President, VP, the Secretaries of State, Defense, and Treasury, the chair of the joint chiefs of staff and the CIA directors though others can be involved. The NSC is a subset of the Executive Office of the President
How did the Pendleton Act bureaucracy?
The Pendleton Act was a reform measure that established the merit system for hiring civil-service employees and also established the Civil Service Commission. This took away the spoils system and therefore made the bureaucracy less partisan
Over 25% of the 3 million (about 750,000) federal government employees work for which branch of government?
The Postal Service; it is the nation's 2nd largest employer after Wal-Mart
Executive Orders
These provide a way for the President to shape policy without Congress approval. Under Executive Orders the President can give direction to bureaucrats on how to act/implement. All executive orders go into the Federal Registrar
What is included in the Power to convene Congress?
The President is Constitutionally required to hold a periodic State of the Union address to Congress and he can also convene Congress for "extraordinary occasions" such as war or natural disasters. This power is less meaningful today because Congress is almost always in session anyway.
What power does Congress have over the President's power to make treaties and/or trade agreements?
The President needs the Senate to approve with a 2/3 vote all treaties; however, historically the Senate approves about 90% of all treaties the President makes. The President may also "unsign" treaties. With trade agreements, the President needs to support of both houses of Congress, not just the Senate in order to get approval.
What Act describes the order of succession for the Presidency
The Presidential Succession Act lists in order who becomes President. In order, VP, Speaker of the House, President Pro Tempore of the Senate, Secretary of State, and on and on.
What power does Congress have over the Presidents Appointment Power?
The Senate must approve many appointees, and they can deny or delay appointees that they don't like, which can have an impact of the President's policy goals as well as public perception
Who makes up the Presidents Cabinet?
The VP, the heads of all 15 Departments, the U.S. Ambassador to the United Nations, the U.S. Trade Representative, The President's Chief of Staff, the Head of the EPA, , the head of the Office of Management and Budget, and the Council of Economic Advisors.
Over the course of 200+ years, what has been the biggest catalyst for the overall growth of the U.S. government bureaucracy
The biggest jumps in growth have come during the times of War or Depression/Recession. Many new departments and agencies have been created or grown significantly during this time. The Post office is an exception; it grew because of Westward expansion
Government Corporations
The most recent addition to government bureaucracy, these are businesses established by Congress to perform functions that private business could hypothetically provide. Examples include the Postal Service and the TVA, Amtrak and the FDIC
What is the Office of Budget and Management?
The office that prepares the Presidents annual budget proposal, reviews the budget and programs of the executive departments supplies economic forecasts, and conducts detailed analyses of proposed bills and agency rules. It is part of the Executive Office of the President. FDR created the first Office of Budget and Management for his New Deal programs
policy coordinating committees
These are like interagency councils, except they work at the subcabinet level, so higher levels than interagency councils. One example is the Homeland Security Council PCC which includes executive departments as well as the FBI, CIA, etc.
Why is there a conflict between the President's role as Commander in Chief and Congress' authority to declare war
These two powers seem to override one another. congress actually installed the War Powers Resolution act to limit the Presidents ability to send troops into battle.
Congressional Review Act of 1996
This allows Congress to exercise its oversight powers by nullifying any agency regulations. Congress has 60 days after the implementation of an administrative/bureaucratice action to pass a joint resolution of legislative disapproval. It hasnt often been used in the past, but Congress recently used it during the first days of the Trump administration to nullify energy regulations.
Administrative Discretion
This is the ability of individual bureaucrats to make choices concerning the best way to implement congressional or executive intentions. Like the local justice lawyer who decides who to and not to prosecute, or the IRS agent deciding who to audit.
What is a line-item veto and is it constitutional?
This is when the President removes only part of a bill before he signs it. This was ruled unconstitutional by the Supreme Court in the case of Clinton v State of New York when President Clinton took a line out of a bill that mandated a payment for the State of New York. The Supreme Court said the line item veto violated the "finely wrought" stipulation for law-making
Department of Commerce and Department of Labor
This was originally one department, but was split into two when President Woodrow Wilson realized that one department could not represent the interests of employers (commerce) and employees (labor).
How many civilian agencies are in the federal government
Though no one know the exact number, there are about 1,150 civilian agencies, and about another 850 if you include divisions, subunits, etc.
What is the Cabinet's main role?
To assist the President in making policy and other crucial decisions. However, the President's Cabinet is not specifically mentioned in the Constitution
What are the only powers given to the Vice President in the Constitution?
To replace the President in case or death or inability to serve, and the be the President of the Senate and break tie votes in the Senate if needed
How does the President typically utilize the Vice President as part of his establishment>?
Typically when a President is running for office he will find a Vice Presidential candidate that balances out his weaknesses. For example, Obama ran with Joe Biden because he had foreign policy experience and Obama was questionned for his lack of foreign policy knowledge. The Vice President generally has as much power as the President wants him to have
When did the merit system become a priority to get passed into law
When President Garfield spent his entire day filling positions with friends or friends of friends and then was eventually assassinated by a frustrated job seeker
How can a President's approval be advantageous or disadvantageous?
When a President has high approval ratings it is easier for him to get lesgislation and his policy agenda passed or moving forward. This is because most Congressmen don't want to go against the will of the people. Low approval ratings has the opposite effect, even if the President has a majority of his own partyh in Cogress
Where is bureaucracy found in the Constitution?
While the Constitution does not specifically mention a federal bureaucracy, The Cabinet Departments are briefly mentioned in Article 2, Section 2 with the words "he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices," and in the 25th Amendment Section 4 (with regards to Presidential Succession and the Secretary of State) Article I, Section 8, Clause 7 of the United States Constitution, known as the Postal Clause or the Postal Power, empowers Congress "To establish Post Offices and post Roads".
What major events led to the growth of bureaucracy in the 20th and 21st century
World Wars, the Great Depression (FDR introduced the New Deal with created many new departments and programs to combat the Great Depression)
Most federal government employees are hired using what system?
a merit system called specifically the civil service system administered by the U.S. Civil Service; lower level employees take tests or other types of exams, mid-level submit resumes and are ranked based on the quality of their experience. Only about 10% of federal gov't employees (highest level) do not go through this system.
administrative adjudication
a quasi-judicial process in which a bureaucratic agency settles disputes between two parties in a manner similar to the way courts resolve disputes. This is an easy way for a bureaucrat to enforce compliance of anyone violating rules/laws
What are regulatory boards
a subset of independent regulatory commissions, these specifically deal with how the business sector relates to public health and safety. (Occupational Safety & health Administration) They are generally headed by a single person who can be removed by the President
How many federal government employees/bureaucrats are appointed by the president?
about 3,500, and about 1200 of those need Senate approval. These are all typically "policy-making" positions, meaning they have a large impact on the President's agenda and policy
Independent Regulatory Commission
an entity created by Congress that exists outside the major executive department
executive privilege
an implied presidential power that allows the president to refuse to disclose information regarding confidential conversations or national security to Congress or the judiciary. This is often used by President's during impeachment. In US v Nixon, the Supreme Court ruled that there is no absolute constitutional executive privilege that allows a President to not comply with a court order to produce information
The Appointment Power
the President has the ability to appoint approximately 3500 positions, only 1200 of which need Senate approval. He can also fire many of them at will. This allows him the ability to put people in positions of power that will help him create and implement a policy that he likes
how does the president exercise authority over bureaucratic agencies?
appoint and remove agency heads and other top bureaucrats reorganize the bureaucracy (with congress approval) make changes in an agency's annual budget proposals ignore legislative initiatives originating within the bureaucracy initiate or adjust policies that would, if enacted by Congress, alter the bureaucracies activities issue executive orders
regulatory commissions
commission members are appointed by the President but cannot be removed unless they fail to uphold oath of office
What tool can a President use to sidestep the Senate when making treaties?
executive agreements; these are formal international agreements entered into by the President that do not require the advice and consent of the Senate
Based on historical data, when is a President most popular during his term, and why is this important
historical data shows that a President is most popular in the first year of his Presidency, therefore this is the best time to try to push important policies through Congress. Obama passed his healthcare bill during his first year of Presidency
Patronage
jobs, grants, or other special government favors given to friends and political allies (the spoils system is a form of patronage)
Define the term lame-duck as it relates to the President. when and why does it occur and how does it impact his presidency?
lame-duck is a term for the a President that no longer has the power and influence he had earlier in his term. This usually occurs during the last one or two years of a presidency. During the early years of a Presidency, the president could use his high levels of public approval to force Congressmen to work with him on policies. In many cases he also got some Congressmen elected and he can ask for favors from them. During the end of a presidency these advantages are gone.
What and why do we have the 22nd Amendment?
no one can be president for more than 2 terms or 10 years. It was amended to the Constitution after FDR had a long tenure and they didn't want it to happen again.
How does Congress exercise authority over bureaucratic agencies
pass legislation that alters burearucracy activity abolish existing programs and agencies refuse to appropriate funds investigate agency activities and compel bureaucrats to comply write legislation to limit bureaucratic discretion
Who makes up the White House Staff
personal assistants, senior aides, clerical and professional duties, administrative aides, who help the President with daily operating functions. Also the Communications Staff. None of them require Senate approval and therefore they are almost always deeply loyal to the President
inherent powers
powers given to the President because they can reasonably be inferred from the Constitution
merit system
replaced the spoils system; a system of employment based on qualifications, test scores, and ability, rather than political party
how does the judiciary exercise authority over bureaucratic agencies>
rule on whether bureaucrats have acted within the law and require policy changes to comply with the law Force agencies to respect the rights of individuals through hearings and other proceedings Rule on the constitutionality of all challenged rules and regulations
name one bureaucratic office that was specifically mentioned in Article I of the Constitution
the Post office. (many government bureaucracies today were not specifically mentioned, like EPA, FTC, etc.)
spoils system
the firing of public-office holders of a defeated political party to replace them with loyalists of the newly elected party. (patronage or favoritism) e spoils system got its name because when President Andrew Jackson hired tons of post office employees he said "to the victor go the spoils".
What is a nickname for the federal bureaucracy
the fourth branch of government
Issue Networks
the loose and informal relationships that exist among a large number of actors who work in broad policy areas. It is a more popular alternative to iron triangles and includes lawyers, consultants, academics, etc. These are also more frequent changes to the parties involved as opposed to iron triangles
civil service system
the merit system by which many (almost 90%) federal bureaucrats are hired
impeachment
the power delegated to the House of Representatives in the Constitution to charge the President, Vice President or other civil officers, including judges with Treason, Bribery or other High Crimes and Misdemeanors. The house needs a simple majority vote to impeach but then the Senate must hold the trial (with the Chief justice of the Supreme Court) and get 2/3 vote
implementation
the process by which a law or policy is put into operation
iron triangle
the relatively ironclad relationships and patterns of interaction that occur among agencies, interest groups, and congressional committees or subcommittees. Though most bureaucracy no longer operate this way, this is still how the relationship exists between the Dept. of Veterans Affairs, the House Committee on Veterans Affairs, and the American Legion & Veterans of Foreign Wars.
federal bureaucracy defined
the thousands of federal government agencies and institutions that implement and administer federal laws and programs
what are signing statements>
when the president writes a comment and attaches to a bill he signed. like executive orders, they are an informal way for the President to make and influence public policy
interagency councils
working groups created to facilitate coordination of policy making and implementation across a host of governmental agencies. One example is the U.S. Interagency council on Homelessness