The Presidency and Bureaucracy

The Presidency1Article IIEstablishes the Executive branch, qualifications, succession, etc.Also vaguely defines the presidents powersRemember separation of powers- division of government authority across political institutions2Article II Section 1Term of office (4 years)22nd amendmentQualifications35, natural born citizen, 14 year resident of U.S.SuccessionPres., VP, Speaker, Pro tem, Sec. State, Sec. Treasury, Sec. Defense. ..cabinet in creation.25 AmendmentCompensationCurrently $400,000 per year in salaryOath3Article II Section 2Commander in chief (War Powers Act)Commissioning new officersGrants reprieves and pardons (public opinion)Treaties (Ratified by 2/3 of Senate)Receive ambassadors (public opinion)Appointment power (Confirmed by Senate)Ex: Appointments to the Supreme CourtDealys in Confirmation can occur during divided governmentState of the Union (public opinion, opposition party, interest groups)Adjourn Congress/Call special sessionstake care clause Impeachment and trial- House votes for impeachment, and the Senate conducts a trial and reaches a guilty verdict4Roles of the PresidentWhat exactly does the president do?What are the hats that he wears?Presidential Daily Diary Assignment5Roles of the PresidentChief legislatorChief party leaderChief diplomatCommander in chiefChief of stateChief executiveChief juristChief administratorChief citizen6What is the imperial presidency?Power of the office of President has grown over the years to extend power beyond what the Constitution allowsFDR-New Deal and subsequent growth of government involvement in the policies of the states (and families), Escalation of troops in foreign wars without a declaration of warRole of the president in implementing a policy agenda7What has caused the growth of presidential power in the past 50 years?Personal strengthsOne person officeNeed for bigger government- increase in public expectations for services from the federal governmentAction in time of crisis (ex: tensions between the United States and the Soviet Union during Cold War period)8What has caused the growth of presidential power in the past 50 years?Roles of legislator, party leader and citizen have expandedEx: Executive Orders: Since 1970s Presidents have made use of executive orders at an increasing rate because they do not need to be passed by Congress Staff support is largerMedia use to communicate with constituentsEconomic and domestic problems such as inflation, unemployment, and civil rightsIncreasing United States involvement in international affairsA Presidents popularity tens to fall during his term in office (after the honeymoon period

9Abuse of PowersExecutive Privilege The issue of executive privilege was not directly addressed by the Supreme Court until Nixons attempt to withhold tapes in the Watergate Scandal 10Presidential PowersPresident have the power to veto- most successful in times of unified government (at least 2/3 of representatives and senators are the same party as the President)Pocket Veto- occurs when the President takes no action on a bill for ten days during which Congress is adjournedLegislative Veto- Supreme Court ruled unconstitutional on the grounds that such vetoes violated the principle of separation of powersPresidents DO NOT currently have the power of line-item veto

11Limitations on Presidential PowersLine-item veto- Presidents do not have this power. Supreme Court ruled inClinton v. New York City,(1998), they considered it to be a violation of Article I, Section 7 of the Constitution. The Constitution vests Congress with the power to craft legislation; the President can sign, or refuse to sign, only the entire packaged bill. (violation of separation of powers) * Many state governors still use line-item veto12War Powers ActPresident must consult with Congress re: military use (notify within 48 hrs.)Withdrawal of forces (within 60-90 days) unless extension granted by CongressCongress may end commitment at any time 13Budget Impoundment ActCreated the CBOEst. a fixed budget calendarBudget committee in each houseDealt with impoundment issuesMove by Congress to regain power previously lost to the executive branchPresident cant impound funds appropriated by Congress14The Bureaucracy15The BureaucracySet of complex hierarchy of departments, agencies and commissions mandated with helping the president enforce law.Fourth Branch of governmentFundamental source of power for the federal bureaucracy lies in its ability to set specific guidelines after receiving a general mandate from Congress

16Bureaucratic InvolvementIron triangles (sub-governments)Networks of Congressional committees, bureaucratic agencies, and interest groups that strongly influence the policy process

17What is REGO?Reinventing GovernmentPlan to reduce the size of government under Clinton (National Performance Review)Mend it but dont end it Changes?Cuts in education and agriculturePrivatizationCustomer friendly measures adoptedRegulations rewrittenEfficiency awardsSuccess?Privatization and state services increasedOverall considered successfulOccurred under a divided government18Cabinet MembersPresident does not have constitutional power to form new cabinet-level departments Presidential goals often conflict with the institutional goals of individual cabinet level agenciesEstablished in Article II, Section 2- the Cabinet's role is to advise the President on any subject he may require relating to the duties of each member's respective office.http://www.whitehouse.gov/administration/cabinet

19Cabinet DepartmentsFifteen (see handout)BROAD areas of responsibilitySecretaries and the Attorney General EX: Attorney General- primary role is to head the Department of Justice60 percent of the federal workforceCan be fired by President without Senate approvalLargest Department?Newest Department?20Independent Regulatory AgenciesFCC, SEC, FTC, OHSA, EPA, FRB, etc.Consumer and citizen protections and economic regulationCommissioners served fixed termsSeparate from President, exist outside cabinetDesigned for objectivity, non-partisanship21Government CorporationsBusinesses est. by Congress that provide a private sector good or serviceTVA, USPS, FDIC, AmtrakFunded through operations profits, NOT Congress22Executive AgenciesFully responsible to the PresidentLoyal to the PresidentMost executive agencies are more service related than regulatoryGeneral Services Administration23Executive Office of the PresidentCan be created by President or by CongressNSCCEAOMB24White House StaffPresidents people: In recent administrations, the principal staff for the president has been made of members of the White House Office600 +Aides: Chief of Staff (Emmanuel), Press Secretary (Gibbs), Speechwriters, etc.Confirmation NOT requiredhttp://www.whitehouse.gov/administration/staff

25What are the similarities?Each is part of the executive branchAuthorized by CongressMost are appropriated by CongressInternal bureaucracyCivil servants and appointeesServices to the publicDivided loyalties26What are the criticisms of the bureaucracy?red tapeProcedures, policies, forms, lines, etc.InefficientLack of incentive, no profit motiveDuplication of servicesOverlapping responsibilities (USDA/FDA)FederalismBureaucrats are making lawregulationsToo bigNeed privatization CorruptionIron triangles or subgovernments

27Federal Employees28Spoils System v. Merit SystemSpoils system-to the victor belong the spoils Merit system-jobs awarded based on meritPendleton Act set up merit system. (Garfields assassination)OPM is the human resources office of the federal governmentUSAjobs.gov29What is the Hatch Act?Act which limited the political activities of federal employeesWhy? Prevent corruption, political advantagesCantRun for partisan officeFundraise at workCanVote and assistDonate moneyCampaign off dutyHold elected position in a political party

30What is the Pendleton Act?The Pendleton Civil Service Reform Act is a 19th century law that changed the hiring practices for federal jobs. The law was designed to remove politics from the hiring process and install a merit-based system.

31What is the Freedom of Information Act?Act which makes public records available to citizensCost is a concern for government32The Whistleblower Act?Bureaucrat can report wrongdoing on superiors without job being in jeopardySpecial Counsel can get involved and lengthy investigation could followControversies involving FBI labs and IRS promotions are examples of Whistleblower results33