THE PRESIDENCY & BUREACRACY Unit Four: Chapters 8 & 9 v =3Tlv9zDuuNY A good introduction!...
-
Upload
millicent-green -
Category
Documents
-
view
216 -
download
0
description
Transcript of THE PRESIDENCY & BUREACRACY Unit Four: Chapters 8 & 9 v =3Tlv9zDuuNY A good introduction!...
THE PRESIDENCY & BUREACRACY
Unit Four:Chapters 8 & 9
https://www.youtube.com/watch?v=3Tlv9zDuuNY A good introduction!
https://www.youtube.com/watch?v=wwMOqVxSb3AHow to become president.
https://www.youtube.com/watch?v=2Kiq_7cUhqM – Fun facts!
The Roots of the Office of President of the United States
• Distrust of the King
• Articles of Confederation
• Framers new thoughts…
• “You may call me, Mr. President.”
Qualifications for Office• The Constitution requires that the president
must be:– Age, residency, anything else?
• Let’s chat about this!
Terms of Office• Big to do, lots of different ideas thrown out• 22nd amendment
Pay and Benefits• President
– $400,000 annual salary– $50,000 annual
expense account– $100,000 travel
account– $19,000 entertainment
• Any other benefits?• Retirement plans?
– $143,800/year• What about the
widows?– $20,000/year
Presidential Selection: Electoral College
• Why is it here?– No direct popular vote for Pres– Were independent agents in the selection of the
President.• Was state by state, with each elector casting votes for 2
candidates.• If there’s a tie…. The House chooses!
• However political parties messed things up. Shoulda listened to G.Dub.
Then Political Parties Came…
• The Election of 1800– When did parties come about???– Parties chose candidate and
electors• Hmm…. How is this going to work
out, tie duh!
– Who chooses???
• 12th amendment
Electoral College Today• Nominated at convention or chosen in state central
committee and chosen by popular vote• Winner take all (except Nebraska and Maine)• Meet Monday after second
Wednesday in Dec.• Jan 6 – Congress
counts votes – need 270!
• Jan 20 – Pres is sworn in!
Removal of a PresidentUltimate check on
power!•What does the House do?
– Investigates, drafts “Articles of Impeachment,” and charges•What does the Senate do?
– Tries the case & if 2/3 say guilty – peace out!•Who is the judge?•How many Presidents have been impeached?•How many Presidents have been removed?
• Ways of leaving office (mid-term):
• 25th amendment: set up succession process; temporary removal of Prez from duties of office– VP = acting Prez– Also new VP appointed if a vacancy
Down through the rest of the
cabinet!
• Impeachment: “bribery, treason, or high crimes & misdemeanors”
• Const. duties: break tie vote in Senate, help decide Prez disability
• Must be ready to become Prez at any time
• Person often chosen as running-mate to “balance the ticket”
• Amount of access to & influence on Prez and policy depends on Prez himself
The Constitutional Powers of the President
• Article II• Expressed powers• Executive Power Clause – Article II, first
line– It states "the executive power shall be vested in
a President of the United States of America." • Implied powers
Roles of the PresidentInformal• Chief lawmaker• Party leader• Crisis manager• Recruiter• Morale builder • Chief diplomat
Constitutional • Commander-In-Chief• Head of executive
branch• Negotiates treaties• State of Union
Addresses • Makes appointments
Commander-in-Chief
AppointmentPower
PardoningPower
LegislativePower
Treaty-makingPower
Veto Power
Chief ExecutiveChief Diplomat
Chief-of-State
Presidential Powers
The President’s Powers
Executive Powers Diplomatic Powers
• Executing the Law– The President must
carry out all laws.• The Ordinance Power• The Appointing Power• The Removal Power
• The Power to Make Treaties
• Executive Agreements• The Power of
Recognition• Can’t declare war• Military with no war??
– Peace, Vietnam & Korea
Foreign Policy • Isolationism to Internationalism• Foreign Policy
– Fed Gov’ts statements/actions dealing with foreign countries
• Treaties, alliances, international trade, defense, foreign aid.
• What does the Big Guy have to do with this?– Commander & Chief, and Chief Diplomat– Has tons of departments and agencies to help them
• Sec of State, Sec. of Defense, etc.
The President’s Legislative Powers Judicial Powers
• Gives State of the Union• Suggests annual budgets• Recommends special
legislation to Congress• Can veto legislation• Can call special sessions of
Congress• Can adjourn Congress if the
two houses cannot agree on a date
– Grant reprieves and pardons in cases involving federal law.
– Reduce sentences, or fines, imposed by a court.
– Grant amnesty, or a general pardon, to persons who have violated the law.
Chief Legislator
• FDR claimed the leadership and agenda setting power for the president and got it
• Shifted Pres powers from executing policy to making it– Hard during divided gov’t
Influencing Congress• Prez must use both personal & political
resources to achieve legislative agenda – Bargaining, personal appeals, public pressure
• Pwr to persuade often measured thru presidential support score
• High public approval scores give Prez political capital to lobby Congress– Rally points in approval often follow
crisis
Influencing Congress• Prez sometimes claims mandate to
govern– Win by large margin, party majority in
Congress [08], public support for policy
Influencing Congress• Prez sometimes claims mandate to
govern– Win by large margin, party majority in
Congress [08], public support for policy– Seek to help members of party win
Congressional seats • Reputation of office of presidency relied
upon as source of prestige & power– Some say office’s reputation has declined
recently – scandal, controversial actions/war
POWER OF PRESIDENCY
HAS DOMINATED CONGRESS IN FOUR
MAIN AREAS:
ONE: WAR POWERS ● President =
Commander in Chief● Congress declares
war● President Johnson
persuades Congress to enact Gulf of Tonkin Resolution
WAR POWERS ACT
● ENACTED DURING NIXON’S ADMINISTRATION ● TROOPS ABROAD REQUIRE CONGRESSIONAL
APPROVAL (BTW 60 - 90 DAYS)
● CONGRESS REASSERTING ITS AUTHORITY● NIXON VETOED BILL● CONGRESS OVERRIDES THE VETO
TWO: LEGISLATIVE POWERS
● CHIEF LAWMAKER● VETO POWER ● FEWER THAN 3% OVERRIDDEN● PRESIDENTAL SIGNING STATEMENTS –
● EXECUTIVE ORDERS (Korematsu v. US)
BUDGET MAKING● PRESIDENT IS CENTRAL TO
BUDGET MAKING PROCESS● CONSTITUTION SAYS CONGRESS
HAS POWER OF PURSE● PRESIDENT IMPOUNDS FUNDS● CONGRESS FIGHTS BACK FOR
POWER
BUDGET IMPOUNDMENT CONTROL ACT (1974)
● CREATED THE CONGRESSIONAL BUDGET OFFICE (CBO)
● GAVE CONGRESS THEIR OWN ECONOMIC ADVISORS
● MADE THE IMPOUNDMENT OF FUNDS MORE DIFFICULT
THREE: APPOINTEES
● CONFIRMING A CABINET USUALLY VERY EASY
● MANY WHITE HOUSE STAFF OFFICIALS (NATIONAL SECURITY ADVISOR) DO NOT REQUIRE SENATE CONFIRMATION
● POLICY CZARS (OBAMA)
FOUR: FOREIGN AFFAIRS● WITH GROWING NATIONAL SECURITY
PRESIDENTS GAINED POWER OF EXECUTIVE PRIVILEDGE
● ALLOWS THEM TO WITHHOLD INFORMATION IN COURT INQUIRIES IF INFORMATION WOULD ENDANGER NATIONAL SECURITY
● US v. Nixon
TREATY MAKING ● CONSTITUTION REQUIRES SENATE
RATIFICATION OF ALL TREATIES● PRESIDENTS CAN MAKE
“EXECUTIVE AGREEMENTS” THAT HAVE THE EFFECT OF A TREATY (NO SENATE RATIFICATION REQUIRED)
• Original intent: energetic exec w/ limited powers– No political parties, campaigning – Enforce Congress’s laws, handle
foreign policy• Steady growth in power
– Growth of Prez popularity & power in times of crisis
• Still reflects many of precedents set by G. Washington
• FDR: first modern prez to exploit powers to fullest potential – Expanded already existing Prez roles– Est. many new agencies– Pushed legislative agenda thru
Congress– “communicator in chief”
CONCLUSION:● POWER OF PRESIDENCY HAS GROWN
OVER CONGRESS● PRESIDENT CAN WAGE WAR● PRESIDENT CAN LEGISLATE● PRESIDENT CAN APPOINT● PRESIDENT CAN DOMINATE FOREIGN
AFFAIRS● ALL WITH LITTLE INTERFERENCE FROM
CONGRESS!
Don’t forget about the power of public opinion…
Gotta love democracy, baby!
• “Greatness” hard to define – really determined long after Prez leaves office– Often depends on how Prez deals w/ crisis & war– Distinctive vision, leadership, domestic issues
• Most consider great: Washington, Jefferson, Lincoln, FDR (maybe Reagan)– In common: powerful, “strong” leaders
• Not so great: Nixon, Harding, Hoover (maybe LBJ)– In common: weak or corrupt
Bush?? Obama?? – too soon to tell
• Most consider great:
• Not so great:
• Most do agree that Prez has power of exec privilege, esp w/ nat’l security – Criticism: abuse of power of secrecy
• Ex: Nixon & Oval Office tapes– U.S. v. Nixon (1974): prez can claim
exec privilege if releasing info would be harmful; claim IS subject to judicial review
• Power always tested by Prez & Congress
• Executive orders have force of law– Directive to bureaucratic org. on how to
enforce federal law; est. or modify rules of administrative agencies
Criticisms: • Exceeding of executive authority• Violation of checks & balances –>
executive law-making
• Congress must authorize & appropriate funds, but Prez actually spends $$
• 1921: Prez submit annual budget to Congress• 1974: ended use of impoundment
– Requires prez to submit request for any proposed rescission
• 1996: Congress granted Prez line item veto– 98: Supremes said unconstitutional
Signing statements• Purposes: explain what bill will do; to
instruct exec branch’s enforcement of policy; to define Prez’s view of constitutionality of bill
• Criticism: exceeding of Prez’s powers- Recently used by Prez to declare refusal to
enforce part of bill
The Federal The Federal Bureaucracy Bureaucracy
https://www.youtube.com/watch?v=nc5fgKABics Informational https://www.youtube.com/watch?v=kLa9QAk6izY Red Tape
https://www.youtube.com/watch?v=Gdmu20EWXPY Watch on your own…
https://www.youtube.com/watch?v=QYQ4uV8NDJo Bureaucrat song
Bureaucracy
• Large, complex organization of appointed, not elected, officials
• The bureaucracy was set up to accomplish policy goals
• People are hired because of skills that they have to implement policy goals.
Max Weber• Defined the prototype bureaucracy
• Characteristics:– Hierarchical authority structure – bottom up
leadership– Task specialization – experts in field– Rules – similar procedures for similar situations– Merit principles – entrance and promotion based on
ability– Impersonality – treat clients impartially
Did you know?• The bureaucracy began in 1789 with the creation of the Dept. of
State
• Most federal employees work for only a few agencies
• About 55% work for the Department of Defense and Postal Service
• Only about 10% work in D.C.
• 2.8 million civilian employees
Characteristics of American Federal Bureaucracy
• Divided Supervision– Congress creates, organizes and disbands all agencies– Political authority is shared between Congress &
executive branch • Public Scrutiny
– About ½ cases in federal court involve gov’t• Regulation (not public ownership)
– Gov’t regulates privately owned businesses instead of owning the businesses as a gov’t
Civil Service• Originally a patronage
(spoils) system
• Changed as a result of the actions of a disappointed office seeker who shot and killed Garfield in 1881 because he wouldn’t give him a job
• Pendleton Act in 1883 promotes hiring based on merit and nonpartisan government service
• Now use entrance exams for job placement and promotions
Civil Service
• Hatch Act of 1939 prevents workers from active participation in partisan politics– Can’t: run for office, be
involved in campaigns, make political speeches, disseminate political info
– Can: vote, make campaign contributions, join parties, participate in non-partisan campaigns
• Hatch Act amended in 1993 – Civil servants can
engage in political activities as long as • they are off duty• do not run for office • don’t work in
sensitive government areas
Four Types of Bureaucratic Agencies
• Cabinet• Agencies:
– Independent– Regulatory – Government Corporations
• Executive Office of the Presidency• White House Staff
• Advisory council to POTUS.– Not in Constitution!
– 15 Depts, Secretary is the head. – Chosen by Pres and approved by Senate.• Prez often relies on these advisors for
input on impt issues.– Each has their own policy areas and
budgets.– Can be fired at President’s will.
The President’s Cabinet
http://www.whitehouse.gov/administration/cabinet
• EOP = Created by Congress in ’39 (FDR) to help Prez run federal depts & agencies
• Nat’l Security Council: impt foreign & military advisors
• Council of Economic Advisors: advisory group on economic policy
• Office of Management & Budget (OMB): advises Prez abt gov’t agencies – how much $ to budget, quality of work– Prez’s proposed budget = outline for
$ each dept will get
To Learning ObjectivesCopyright © 2011 Pearson Education, Inc. Publishing as Longman
LO 13.3
• Chief aides & staff for Prez & WH– 3 types of offices: political, policy,
support services– Ex: Chief of Staff, lawyer,
speechwriters, etc– Viewed as loyal to president alone
– No Senate confirmation necesasary • Relied on for policy options, analysis, info,
& efforts, but Prez sets tone for WH
Chief of Staff Denis
McDonough
Independent Agencies • These operate outside departments in Cabinet.
• Why are they independent?– Function doesn’t fit with a dept.– Protect officials from political pressure.– More responsive to people (interest groups)– Peculiar/sensitive nature of functions….
• Examples:– Central Intelligence Agency, Environmental
Protection Agency, Farm Credit Administration
3 Different kinds of Independent Agencies
• Independent Executive Agencies– Most Independent Agencies– Single administrator over subunits, operate on a regional basis.
• Independent Regulatory Commissions– Created to regulate important aspects of the nation’s economy.– Need Senate confirmation.– Ex: SEC (Securities and Exchange commission), FEC (Federal
Election Comm.), FRB (Federal Reserve Board)
• Government Corporations– Within executive dept, under Pres’ control.– Need Senate confirmation.
Government Corporations• Provide services for a fee that could be
handled by the private sector and generally charge cheaper rates
• TVA, Postal Service, Amtrak, Public Broadcasting Corporation, FDIC
What role do bureaucrats play?
• Communicate with each other• Maintain paper for accountability• Interpret the law• Implement the objectives of the
organization
Bureaucracy as Implementors
• Implementation is the policymaking stage between the establishment of a policy and the consequences of the policy.
Implementation
• Includes three elements:– Creation of a new agency or assignment of
responsibility to an old one– Translation of policy into operational rules– Coordination of resources and personnel to
achieve the intended goals
Regulation through bureaucracy
• Regulation is the use of governmental authority to control or change some practice in the private sector.
• Agencies must apply and enforce rules and guidelines – Can be done either in court or by administrative
procedures which use either inspectors, complaints, or licensing to monitor behavior.
Regulation
• All regulation contains:– A grant of power from Congress
– A set of rules and guidelines
– Some means of enforcing compliance
Executive Control on the Bureaucracy
• President tries to control by:– Appointing the right people to head– Tinkering with agency budget– Issuing executive orders– Reorganizing an agency w/Congress
Congressional Control over the Bureaucracy
• Congress tries to control by:– Influencing the appointment of dept head
(Senate confirmation)– Tinkering with budget– Holding oversight hearings– Rewriting more detailed legislation– Establishing new agencies or departments