Executive Branch and Bureaucracy

POTUS power (theory, scope, actuality)

Power grows in times of crisis Inherent powers- powers not listed that President can use to execute duties Gained Cabinet Pres decision making has become more important

inherent powers of POTUS

Powers not stated given to POTUS to run country justly and correctly

POTUS strategy in selecting Federal Judges

President usually appoints members of their political party and people who are qualified

Elements of regulation

-a grant of power and set of directions from congress -a set of rules and guidelines by the regulatory agency itself -some means of enforcing compliance with congressional goals and agency regulations

Electoral college basics

538 electors. 270 electoral votes is required to elect the President. STATE VOTES one for each member in the House of Representatives plus two for your Senators

Iron Triangle

A close relationship between an agency, a congressional committee, and an interest group

The Hatch Act

A federal law prohibiting government employees from active participation in partisan politics.

Impeachment

A formal document charging a public official with misconduct in office

independent regulatory commission

A government agency or commission with regulatory power whose independence is protected by Congress.

street-level bureaucrats

A phrase coined by Michael Lipsky, referring to those bureaucrats who are in constant contact with the public and have considerable administrative discretion.

executive order

A rule issued by the president that has the force of law

pocket veto

A veto taking place when Congress adjourns within 10 days of submitting a bill to the president, who simply lets it die by neither signing nor vetoing it.

State of the Union

An annual speech in which the president addresses Congress to report on the condition of the country and recommend policies.

congressional control of bureaucracy

Approval of the budget; confirmation of presidential nominees; creation, reorganization or removal of agencies

Clinton v. New York City (1998)

Banned presidential use of line item veto

The creation of bureaucratic agencies

Bureaucratic agencies are created and funded by Congress, but most of them report to the president, who supervises them as he takes "care that the laws shall be faithfully executed"

Congressional check on POTUS veto

Congress has the power to repeal a veto from the president with a 2/3 vote in each chamber.

25 Amendment (1967)

Disability and vacancy by P or VP

Examples of Independent Regulatory Commissions

Federal Reserve Board, FCC, SEC

Patronage

Granting favors or giving contracts or making appointments to office in return for political support

The newest cabinet department is

Homeland Security

Department basics

Implementation All things agencies can do to find a blur in sep. powers

The first regulatory commission

Interstate Commerce Commission (ICC)

22nd Amendment

Limits the president to two terms.

Examples of Independent Executive Agencies

NASA, CIA, Environmental Protection Agency

The cabinet and its creation

Official advisory group to president and head executive departments President appoints members of his cabinet and Senate confirms CREATED to advise president on any subject

constitutional duties of VP

Other than to succeed to the presidency upon the death or resignation of a president, a vice president's only constitutional duty is to preside over the Senate. Vice presidents cannot vote in the Senate, except to break a tie, nor may they formally address the Senate, except with the senators' permission.

issue network

Relationships among interest groups, congressional committees and subcommittees, and the government agencies that share a common policy concern. (iron triangle)

Criticisms of federal civil service

Restrictions of the Hatch Act deny people their 1st amendment rights to free speech and association, and discouraged political participation among a group of people who might otherwise be strong political activists. Red tape - Can't get anything done - too many rules Conflict - Some agencies can be working against each other Duplication - Two agencies may have the same agenda and may be unnecessary Imperialism - They grow without need and have uncontrollable costs. Waste - They spend more than they need on products and services.

appointments and confirmations

The Appointments Clause of Article II, Section 2, Clause 2, of the United States Constitution empowers the President of the United States to nominate and, with the advice and consent(confirmation) of the United States Senate, appoint public officials.

Dual role of Cabinet heads

The Cabinet heads are appointed by president and when a new president is elected, some are kept and some may be let go. These people are very loyal to their party and probably won't agree with the other party President.

POTUS qualifications

The Constitution requires that the president (and vice president) must be: a natural-born US citizen at least 35 years old a resident of the US for at least 14 years

The EOP (Executive office of president)

The Executive Office of the President comprises the offices and agencies that support the work of the president at the center of the executive branch of the United States federal government.

The Framers intent for POTUS

The Framers made Article I outlining the duties of the Executive Branch of the government (president) relatively short and open to interpretation, and they purposely made it so that the Legislative Branch would hold a little more power, due to it being closer to the people and the issue of the previous tyrannical rule of the King of England.

The OMB (Office management and budget)

The Office of Management and Budget is the largest office within the Executive Office of the President of the United States. (congress, economic budgets)

The Pendleton Act

The Pendleton Act provided that federal government jobs be awarded on the basis of merit and that government employees be selected through competitive exams. The act also made it unlawful to fire or demote for political reasons employees who were covered by the law.

Wars Powers Act

The President can send troops into combat must inform congress within 48 hours

Influence on legislation

The President has the power either to sign legislation into law or to veto bills enacted by Congress, although Congress may override a veto with a two-thirds vote of both houses.

US v. Nixon

The Supreme Court does have the final voice in determining constitutional questions; no person, not even the President of the United States, is completely above law; and the president cannot use executive privilege as an excuse to withhold evidence that is 'demonstrably relevant in a criminal trial

Executive branch foreign powers

The foreign powers of the executive branch include the president's powers of being commander in chief of the military, ambassador of the US in foreign affairs, dealing with treaties (also the job of the Senate) and trade agreements.

Implementation

The process of putting a law into practice through bureaucratic rules or spending.

"Coattails"

The tendency of lesser-known or weaker candidates to profit in an election by the presence on the ticket of a more popular candidate. If a president wins in a land slide, a ton of other members of that party and other officials of that party will win as well.

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review

Government Corporations Examples

US Postal Service and Amtrak

Order of Succession

Vice president, Speaker of the House, President pro tempore, and Secretary of State

government corporation

a business owned and operated by the federal government

signing statement

a presidential document that reveals what the president thinks of a new law and how it ought to be enforced

line-item veto

an executive's ability to block a particular provision in a bill passed by the legislature

Broad Power of Agencies (connect to Separation of Powers)

eparation of powers, therefore, refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balances.

Independent Executive Agencies

governmental units that closely resemble a Cabinet department but have narrower areas of responsibility and perform services rather than regulatory functions

expressed powers

powers directly stated in the constitution

Informal Powers

powers not laid out in the Constitution but used to carry out presidential duties. President trying to influence the economy

White House Office Staff

staff members make up the personnel that run the White House and advise the president and do not need senate confirmation

POTUS controlling the bureaucracy & struggles to do so

the president controls the bureaucracies by appointing the heads of the fifteen cabinet departments and of many independent executive agencies, such as the CIA, the EPA, and the Federal Bureau of Investigation. These cabinet and agency appointments go through the Senate for confirmation.