Harding University
POLS 205
American National Government
Unit 2, Review:
The Legislative and Executive Branches
The Congress of these United States:
Our Legislative Branch
1) Congressional Powers
Article I of the Constitution:
All legislative Powers vested in a Congress…Consist of a Senate and a House of Representatives
Varied Roles of Congress
Makes legislation
Appropriates funds to carry out laws
May declare war
Proposes amendments to Constitution
Impeaches the President
Regulates conduct of legislators
Approves Appointments
Ratifies treaties
Article I of the US Constitution
1 - Legislative Powers
2 - House: Terms, qualifications, apportionment (3/5ths…), vacancies, leadership
3 – Senate: Terms, (1/3 elected every two years), qualifications, leadership (Vice President), impeachment,
4 – States responsible for elections, assemble at least once a year
5 - Internal procedures, rules, journal
6 – Compensation, no other civil service
7 – Revenue bills originate in the House, veto procedure, veto override
8 – Powers: to lay and collect taxes, duties, impost and excises, pay debts, provide for the common defense and general welfare, specific list of powers AND the ability to make all laws “necessary and proper”
9 - Limits: no slavery prohibition until 1808, Limits on authority: no bill of attainder, no ex-post facto, no royalty etc., no monies drawn from treasury without an appropriation
10 – Federalism: States can’t coin money, enter treaties, also, no bill of attainder, no ex-post facto, no royalty etc. for them either
Big Word for the Day: Collegial
* characterized by or having authority vested equally among colleagues
Amendments:
XIV – (Due Process and Equal Protection) Repeals 3/5ths clause - 1868
XVI – Income Tax - 1913
XVII – Direct Election of Senators – 1913
XX – (Lame Duck) Session starts 3rd of January - 1933
XXVII – Congressional Pay Raises - 1992
Because, Absolute Power Corrupts Absolutely!
“Though ‘all legislative powers’ were to be vested in Congress, these powers were to be shared with the President (who could veto acts of Congress), limited to powers explicitly conferred on the federal government, and, as it turned out, subject to the power of the Supreme Court to declare acts of Congress unconstitutional.” Wilson and DiIulio
Who ARE These People?
House
Representative or Congressman or Congresswoman
25 years old
Citizen for 7 years
Resident of their state
2 year terms
Senate
Senator
30 years old
Citizen for 9 years
“Resident” of their state
6 year terms
Partisan Composition of the House and Senate Updated for the 111th Congress
House Membership 435 Members
(plus 5 Delegates, 1 Resident Commissioner)
Party Divisions
256 Democrats 178 Republicans (2 Vacancies – TBD currently offsetting)
Senate Membership 100 Senators
(Vice President votes in case of a tie)
Party Divisions
58 Democrats 40 Republicans 2 Independents
(2 Vacancies – offsetting “safe districts” – Kennedy and Martinez)
Note: Senator Joseph Lieberman of Connecticut was re-elected in 2006 as an Independent, and became an Independent Democrat, but sometimes votes with the Republicans. Senator Bernard Sanders of Vermont was elected as a Independent, and would vote Socialist if he could… Both are counted in the majority party statistics for the 111th Congress
The party switch of Arlen Specter and the court contested victory of Al Franken have yielded a 60 vote majority!
And Why Are They There?
To Represent?
An instructed delegate of the citizens?
A really complex version of the telephone game…
Downside:
The tyranny of the majority
Polling driven policy
Mob rule
To be a Statesman?
A trusted trustee, entrusted with our trust?
The best and the brightest…
Downside:
Removed from reality
Paternalistic snobs
Elitism
Bicameralism: Separating the legislative body into two houses
I Am Somebody! I’m a Constituent!
National and Local Representative
National Government
Local Service Issues
Casework
Personal Staff
At least 18 per member
I Heart My Congressman
Specific approval
Institutional disapproval
Member Behavior
Representational view: members vote to please their constituents, in order to secure re-election
Organizational view: where constituency interests are not vitally at stake, members primarily respond to cues from colleagues
Attitudinal view: the member’s ideology determines her/his vote
Ladies and Gentlemen, The Congress Separated at Birth
House
Larger (435)
Shorter term of office (2 yrs)
More procedural restraints on members
Narrower constituency (they represent a smaller region) average district size: 646,952
Policy Specialists
Diffused media coverage
More powerful leader
Powerful Rules Committee; Majority Party Controls Scheduling and Rules
Less Prestigious
Briefer floor debates (often 1 hour)
Less reliant on staff
More Partisan
Special Role: Taxing and Spending
Impeachment Charges
Senate
Smaller (100)
Longer term of office (6 yrs)
Fewer procedural restraints on members
Broader, more varied constituency two per state
Policy generalists
More media coverage
Less powerful leaders
Weak Rules Committee; Possible to bypass Committee consideration
More Prestigious
Longer floor debates (filibuster)
More reliant on staff
Less Partisan
Special Role: Treaties and Appointments
Impeachment Trial
2) So, How DOES It Happen?
How a Bill…
How Many Bills?
How Many Filed?
20,000 annually!
How Many Pass?
Around a 1000. (Updated number – between 400 and 600)
That’s about 5%!
How a Bill Becomes a Law
Bill must be introduced by a member of Congress
Bill is referred to a committee for consideration by either Speaker or presiding officer of the Senate
Revenue bills must originate in the House
Most bills die in committee
After hearings and mark-up sessions, the committee reports a bill out to the House or Senate
Bill must be placed on a calendar to come for a vote before either house
House Rules Committee sets the rules for consideration
Bills are debated on the floor of the House or Senate
If there are major differences in the bill as passed by the House and Senate, a conference committee is appointed
The bill goes to the president
The president may sign it
If the president vetoes it, it returns to house of origin
Both houses must support the bill, with a two-thirds vote, in order to override the president’s veto
Committees
Where the work gets done
Subcommittee
Specialization
Committees
Types: Joint (only 2), Special or Select, Budget, Standing, Conference (not the same as party conferences)
Standing Committees
The Workhorse of Congress
19 in the House, 17 in the Senate
88 Subcommittees in the House, 68 in the Senate
Quorum – enough members present to hold a vote
House Committees The Big Three
House Rules Committee
Sets a rule for each bill about how debate will occur
All bills go through here before making it to the floor
It is the “traffic cop” for whether or not a bill makes it
The House Rules Committee is MUCH more powerful than the Senate.
Chair: Louise Slaughter (NY)
Ways and Means
Raises Revenue for the Government
First stop for ALL revenue bills
The “Cadillac” of committees
NOT taking is at least as important as giving…
Exemptions, credits, loopholes
Chair: Charlie Rangel (NY)
House Appropriations
Spends money to fund government
Appropriation: the legal authorization to expend governmental funds
11 subcommittees!
Oink, oink, oink…
Chair: Dave Obey (WI)
Senate Committees The Big Three
Senate Appropriations
“Court of Appeals” – they add and delete from the original spending plan sent over from the House (Then they conference!)
“Byrd droppings”
Chair: Daniel Inouye
Finance
The Tax Committee for the Senate
The two certainties of life:
Death
Taxes
Chair: Max Baucus (MT)
Bipartisan – both parties support the idea
Senate Foreign Relations
Confirms ambassadors
Ratifies treaties
Is the “check and balance” for executive foreign policy powers.
Former Chair: Joe Biden (DE)
Current Chair: John Kerry (MA)
3) Paths to Power
Power
Party Leadership
Romulus and Remus…
Specialization
“Once assigned to a committee or subcommittee, a member is expected to specialize in its work and become an expert in that area”
Reciprocity
“Members look for guidance in voting on legislation outside their own committee’s field to members of the committee that specializes in it.”
Seniority
Unwritten, but very powerful rule
Length of time in office = level of seniority
Committee chairmen have historically been selected based on seniority
Lost some strength in the mid 70’s; now the party caucus can use appointments as rewards and punishment
These days party loyalty is also a major factor in appointments to plum positions
Caucus
A gathering of all members of the same party serving in the House or Senate
The Republican minority in the House calls its caucus the Republican Conference
The Caucus/Conference chooses the minority/majority leader and the whips
Not to be confused with Presidential caucuses
Many sub-groups have their own caucus
Congressional Caucuses
Caucus: an association of members of Congress created to advocate a political ideology or a regional or economic interest
Intra-party caucuses: members share a similar ideology
Personal interest caucuses: members share an interest in an issue
Constituency caucuses: established to represent groups, regions or both
Leadership Organization
Institutional Leadership vs. Political Leadership
House
Speaker
Selected every two years
Often serves for many years
Nancy Pelosi (CA)
Majority Leader
Party Leader
2nd in command
Steny Hoyer (MD)
Senate
Majority Leader
The person in charge
Party Leader
Harry Reid (NV)
President Pro Tempore
Honorary, based on seniority
For the time being
Robert Byrd (WV)
Presiding Officer - Vice President
Presides – but not often
Breaks ties (6 months for Cheney)
Joseph Biden (D) Delaware
Majority and Minority Leadership
Majority Leader – Political Leader
Steny Hoyer (MD) House; Harry Reid (NV) Senate
Minority Leader – I’d be the boss if WE were in charge
John Boehner (OH) House; Mitch McConnell (KY)
Whips – coordinate party positions
Name comes from English fox-hunting
“Whipper-in” keeps dogs from running away
Counts votes
Keeps votes in line
Count noses and twist arms
Party Loyalty
80%!
Mavericks: members who show less loyalty to their party and do not abide by informal rules
Now, not a single chairman in either side believes they are there because of the leadership. (Dick Army)
The Floor
Calendar – list of bills scheduled for hearing or vote
Majority, Super Majority
The Well
C-Span
Filibusters
Unlimited debate
Used to slow down progress of a bill you don’t care for. Very effective late in session when time is short.
Senate Only (too many members in the House…)
Rule 22 requires 3/5th of the Senate (60) to invoke…
Cloture, which is a vote to end the debate.
Congressional Staff
Constituency service is a major task of members’ staff
Legislative functions of staff include devising proposals, negotiating agreements, organizing hearings, and meeting with lobbyists and administrators
Members’ staff consider themselves advocates of their employers
Staff
35,000 employees
Committee staff has declined in recent years under Republican control (House: 1,407 from 2,100; Senate: 950 from 1,185)
Minimum personal staff: 18 full time, 4 part time
Wasserman: they “organize hearings, negotiate… research… speak with voters, and promote legislation.” They initiate policies and “sell” them to their bosses.
Elected Staff?
Clerk
Sergeant at Arms
Chaplain
Executive/Legislative Tension
Even if the House, the Senate and the President ALL come from the same party, and certainly if they do not,
Even if the President (and/or the Vice President) was recently part of the Legislative Branch,
Even if the President has a substantial mandate of public support,
They trust each other “as far as I can throw ‘em…”
Other Powers
Advise and Consent:
Confirming and Ratifying
The Senate Confirms the President’s Appointments
Judicial
Executive
Diplomatic
They can delegate the authority to fill certain “inferior” positions without confirmation
Again, committees do the work
A major component of checks and balances
The Senate Must Ratify all Treaties
Foreign Relations Committee
A major component of checks and balances
The Executive retains the power of initiative on this. (Can you say Kyoto?)
Oversight
We brought you into the world and we can take you out! (But they never do…)
General Accounting Office (The GAO)
Examines governmental programs and departments
Looks for fiscal efficiency, consistency with legislative intent, and legality of operations
Analogous to Legislative Auditors at the state level
Investigation
Congress can investigate whatever it wishes!
Often viewed as a grandstanding, partisan activity
Oh yeah, this really helps with legislative/ executive tension!
Joe McCarthy and the House Un-American Activities Committee
Impeachment
The House impeaches; the Senate holds the trial
Johnson 1868
Clinton 1998
Impeached but not convicted
Nixon 1974
Resigned instead of facing impeachment
Federal Judges can be (and have been) impeached (and convicted)
The War Powers Act
Congress has not used its constitutional power to declare war since 1941
Criticism of the President’s role in Vietnam led to the War Powers Act of 1973
The President may only commit troops abroad for a period of 60 days, (90 if including withdrawal)
Congress must approve a longer period
Nixon vetoed it, they over-rode the veto
Presidents don’t like it, but tend to go for some sort of authorizing resolution from Congress
Remember, no matter what, Congress still funds things!
The Incumbency Advantage
Media coverage is higher for incumbents
Incumbents have greater name recognition due to franking, travel to the district, news coverage
Members secure policies and programs for voters (Pork)
Re-apportionment is friendly to incumbents
4)Money and Maps
Appropriations and Apportionment
Show Me the Money
Revenue and Appropriations
Appropriations
Appropriation: the legal authorization to expend governmental funds
How we fund government
Revenue: Ways and Means, Finance
Spending: Appropriations Committees
The Big Picture, the whole process: Budget Committees
To spend money you need:
Authorization (an appropriation)
Funds (revenue)
You must have BOTH
A check book with checks but no cash on deposit will get you in trouble
Cash in the bank, but a lost ATM card still means no pizza
You gotta start somewhere…
And for money, you start in the House of Representatives
Article I, Section 7 (1) All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
The 1974 Budget Act
An attempt to address the lack of a consistent economic policy
Set up Budget Committees in each house to review President’s Budget in light of all taxing and spending measures
Budget Committees set total spending, tax and debt levels
Staff for the Budget Committees is the Congressional Budget Office
Non-partisan, but not impartial
Legislative/Executive Tension
Fiscal Calendar
Fiscal means having to do with money
My Budgetary clock is “ticking like this!”
Federal Fiscal Year: October 1 to September 30
President submits budget in January
Budget Committees reviews his plan and sets overall taxing and spending levels in a resolution which must be approved by April 15th
By mid-June, standing committees have made recommendations to Budget Committee, which draws up a reconciliation bill
If they can’t come to agreement, things will shut down, unless they pass a continuing resolution.
This is their primary job, and they rarely get it done on time! Often they get desperate and pass pork-laden “Omnibus” bills.
Line Item Veto
Declared Unconstitutional in 1998
No line item veto means the President cannot separate out objectionable items from important, helpful items.
Throw out the “baby with the bathwater”
Riders – a piece of legislation attached as an amendment to another, possible totally unrelated bill
Pork
Oink, oink, oink…
Pork Barrel Spending
Bringing home the bacon
Items of interest to your constituents
(and in a worst case scenario, of service to no one else!)
Trent Lott: There are really three parties: Republicans, Democrats and Appropriats
Earmarking – Specifying the use of appropriated funds for a particular purpose in a particular place, meaning your district!
Two Key Terms
Deficit
The Federal Government does not require a balanced budget!
The difference between revenue (receipts) and expenditures (outlays)
An annual measurement of the shortfall
The opposite of surplus
Too much spending, not enough money!
FFY 2007 deficit: $162.8 billion (Down from $337 in ’06!)
FFY 2008 deficit: $455 b. and growing every second because of TARP etc.
Est. 2009: $1.58 Trillion! ($9Trillion over the next ten years) With a T! (CBO)
Debt
What we borrow to cover accumulated deficits
The interest will eat you alive!
We borrow from ourselves and others.
You can have debt without deficits!
We had balanced budgets (no deficit) in 1998-2001, but we still had debt
Current debt:
Million, Billion Trillion…
"My favorite way to think of it is in terms of seconds," says David Schwartz, a children's book author whose How Much Is a Million? tries to wrap young minds around the concept. "One million seconds comes out to be about 11½ days. A billion seconds is 32 years. And a trillion seconds is 32,000 years. I like to say that I have a pretty good idea what I'll be doing a million seconds from now, no idea what I'll be doing a billion seconds from now, and an excellent idea of what I'll be doing a trillion seconds from now."
You Gotta Draw the Line Somewhere…
Apportionment, Incumbency and Reform
I Count!
25 cent word for the day: decennial census
Article 1, Section 2 (3) …the actual enumeration…within every subsequent Term of ten years
The census was created to establish the correct number of voters. (Everything else is bonus, or extra-constitutional, take your pick!)
Apportionment
Apportionment - the distribution of voters into districts; the dividing of representation by population
Mal-apportionment - large differences in the population of Congressional districts
Re-Apportionment – the process of re-distributing the populations amongst districts
Districting – the process of drawing the lines on the maps. Sounds simple, right?
States draw Federal House Lines (Why not Senate?) Their processes vary dramatically!
Bad Boys, Bad Boys…
Gerrymander – Governor Eldridge Gerry’s Salamander shaped district
Drawing district lines for partisan purposes
Packing and Cracking
Packing – putting lots of your people in one district
Cracking – separating out the opposition so they can’t win
A Picture is Worth a Thousand Words
No More Snow for Me!
Changes in Apportionment
Here Come the Judge: Baker v. Carr
Apportionment is Judiciable; they will go “into the thicket”
“I Want to Soak Up the Sun”
Population shifts to the Sunbelt means Yankees are losing seats.
Big Guns, like Delay are purported to be involved in state level issues
Incumbency is solidifying
Incumbency
Incumbency:
Being the current officeholder
Advantages: Staff, Franking (mail), Publicity
Disadvantages: We hate the IDEA of incumbency
Apathy pays off for incumbents!
In 2002 85% of House members and 98% of Senators won re-elections
In 2004, 401 of 435 House members ran for re-election. 396 won. (98.7%) Of the 26 Senators running, all but one won. (96%)
In 2006 Re-election rates were down… 94.3% in the House, 79% in the Senate
Term Limits
21 States have passed term limits for their officials; 15 states still have them
Federal Officials remain unlimited
Arkansas’s little role in all this:
US TERM LIMITS vs Thornton
Some at the Federal level have volunteered to “self-limit”
(and generally failed to keep the promise)
Generally, the trend is fading
Congress In a Nutshell
A House and a Senate makes a Congress
LOTS of Bills Few pass
Incumbent rich, Heavy on the Lawyers
LOTS of staff But less than there once was
At the Moment: Democratic Controlled
Committees are where the work gets done
They legislate, appropriate, confirm and ratify, oversee and investigate
Inefficient by design
Bicameral, with Checks and Balances
Home of Debaters, Bosses and Managers
Where we all have a voice; Where OUR laws are made
OUR congress: they work for US!
The Executive Branch
1) Historical Setting: Between the Georges:
George Washington 1789-1796
The Legitimacy of the Presidency
The Father of Our Country
A really swell dancer
His decision to send troops to quell the Whiskey Rebellion is the first, but definitely not the last, expansion of presidential power
Residual powers (or inherent powers)
“I greatly fear that my countrymen will expect too much from me…”
Thomas Jefferson 1800-1808
Federalist vs. Anti-federalist
Theory vs. Practice
Presidential Power is OK, if I’m the president…
The Louisiana Purchase
Doubles the size of the country
Weakens checks and balances
Increasing foreign policy role
Andrew Jackson 1828-1836
West vs. East
The President of the “Common Man”
“King Andrew”
Opposed the Bank of the US as a tool for the wealthy
Transforms presidency into a “popular” institution
Jackson’s Kitchen Cabinet
Abraham Lincoln 1860-1865
North vs. South
Commander in Chief
“War Powers”
Emergency Powers
He raised and spent money on his own
He deployed troops
He suspended Habeas Corpus!
Emancipation Proclamation
A policy making executive order
A federal union, not a confederacy
Theodore Roosevelt 1901-1908
Urban vs. Rural
Vigorous life, Active Government
Expanding diplomatic role
interventionism
Expanding economic role
interventionism
Trust busting
Expanding environmental role
National Parks
The Imperial Presidency
Woodrow Wilson 1912-1920
Progress vs. Backwardness
Progressivism
Government as a tool to help bring about the perfection of mankind
Further Regulation
Federal Reserve, FTC
World War I (1917-1918) brings HUGE growth in foreign and domestic activity
President’s agenda leads policy discussions
Between the Georges
Harding 1920-1923
Coolidge 1923-1928
Hoover 1928-1932
Sometimes (rarely) presidential power decreases
The Thirty Year Cycle
But generally, “Just this once…”
Franklin Roosevelt 1932-1945
Rich vs. Poor
The first “modern” president
Great Depression begins 1929
The New Deal 1933
World War II 1939 -1945
1931 - 600,000 federal employees; by 1941- 1,400,000
1941 – 1,800,000 active duty military; by 1945 – 12,000,000
1939 – The Executive Office of the President is established
Lyndon B. Johnson 1963-1968
Minority vs. Majority
Heir to the expansionism of Roosevelt
The Great Society
For in your time we have the opportunity to move not only toward the rich society and the powerful society, but upward to the Great Society.
The Voting Rights Act of 1965
The War on Poverty
The Viet Nam conflict 1964-1973
Police Action
Ronald Reagan 1980-1988
U.S. Exceptionalism vs. The World
Morning in America
Economic Recovery
Deficits and debt
Devolution to states
“Mr. Gorbachev, tear down this wall!”
The Great Communicator
Going public
:
George W. Bush 2000 - 2008
???Us vs. Them???
???Multi-Nationalism vs. Unilateralism???
2000 - First election since Benjamin Harrison in 1888 not decided by the popular vote
No Child Left Behind
flexible federalism
September 11th
War against Terror
Department of Homeland Security
Presidents and Power
Overall trend line: Expansion of executive power
Especially in times of war and national crisis
The “Imperial” Presidency
Expressed Powers
Residual or Inherent Powers
Informal Requirements
Political Experience
Presidency/Vice-Presidency
Adams, Jefferson, Nixon, George H.W. Bush
State Governorship
Clinton, George W. Bush
Secretary of State
Jefferson, Madison, Monroe
U.S. Senate
John F. Kennedy, Barack Obama
Party Differences
Incumbents – Current President or VP
Party out of Power – Senators or State Governors
Informal Requirements
Personal Characteristics
Physical Appearance
Gender
Ethnicity
Religion
Social Status
Favored Son of a Large State
Party Support
Presidential Approval Ratings
2) Rules, Roles and Hats
Formal Requirements –
Constitutional Requirements and Constitutional Changes
Constitutional and Traditional
Roles and Powers
Article II: President of the United States
Section 1: Qualifications, election and electors, compensation, oath
Section 2: Authority
* Commander in chief of armed forces
* Power to grant reprieves and pardons, except in case of impeachment.
* Make treaties with 2/3 concurrence of Senate.
* Appoints ambassadors, judges, and other officers, fills vacancies
Section 3: Duties
* State of Union address
* Can Convene Congress
* Recommends "necessary and expedient measures” to Congress.
* He shall “take care that the laws be faithfully executed..."
Section 4: Grounds for impeachment.
Constitutional Qualifications for the Presidency
Thirty-five years of age
Fourteen years a resident
A natural-born citizen
90 million plus meet these requirements
Ch-Ch-Ch Changes
20th Amendment – Lame Duck. Presidents sworn in on January 20th
22nd Amendment – term limited to 2 consecutive 4 year terms
25th Amendment – provided for selecting a replacement Vice President and for times of Presidential Disability
Term of Office
Presidents are elected for a 4 Year Term
Term Limits
Originally, no formal limit existed
Washington Set Precedent for Stepping Down After 2
Most Others Followed Suit
Attempt by Teddy Roosevelt
Franklin Roosevelt Breaks Tradition (Elected to 4 Terms)
22nd Amendment
May be elected to only 2 terms
Maximum of 10 Years
Presidential Authority in the Constitution
The Pardon Power
The Power to Propose
The Power to Veto (Article I, Section 7 (3))
The “Take Care” Clause
The Appointment Power
Treaty Making and Foreign Affairs
Commander in Chief
Constitutional Powers
Appointment
* Cabinet and Other Executive Branch Positions
* Federal Judges
* Executive Office of the President
Veto Power
Convening Congress
Pardons and Reprieves
Negotiating Treaties
Serving as Commander-In-Chief
Receiving Ambassadors
Executive Authority
Issuing Executive Orders
Have Force of Law without Congressional Approval
May Not Contradict Existing Law
Can Be Overturned by Congressional Statute
Executive Agreements
Presidential Stamp of Approval (or NOT!)
When a Bill is Sent to the President
* May Sign Bill – Becomes Law
* May Do Nothing
After 10 Days, Becomes Law Without His Signature if Congress Remains in Session
If Congress Adjourns Before 10 Day Period Ends, the bill dies – Pocket Veto (doesn’t work during recess)
* May Veto Bill
(but must veto the WHOLE thing – no “Line Item Veto”)
Returns to Congress
2/3 Vote in Both Chambers Required to Override
Presidential Succession
1st in Line – Vice President
Death
Incapacitation – 25th Amendment
Presidential Succession Act of 1947
Speaker of the House
President Pro Tempore of Senate
Cabinet Officials in Order Departments Created
Inherent the Wind…
Expressed Powers
Constitutional
Statutory
Inherent Powers (Residual Powers; Implied Powers)
The “take care” clause
Article II, Section 3
…he shall take Care that the Laws be faithfully executed…
Compare to “necessary and proper”
More Power!
Persuasion
* Often Cited as Most Significant Power of Presidency
Prestige of Office
Personal Popularity
Party Leadership
Powers Delegated by Congress
Popularity is affected by factors beyond anyone’s control – consider Bush’s approval ratings following the September 11th attacks
Presidential Moses
Perceived Vs. Actual Power
Perceived Executive Power:
One person who we ALL get to vote on
He has “Supreme Executive Power”, right?
He’s THE MAN, right?
Actual Executive Power:
Checks and Balances
Congress
The Supremes
Political Party Opposition
The Press
The Bureaucracy
Other Nations
LOTS to deal with (just like Moses)
Chief of State
“Well, they get all the good bands and we get edible food and no royalty, so it's a fair deal.”
Chief Diplomat
Chief Legislator
Chief Executive
Mommy” Elections and “Daddy” Elections
Commander in Chief
Party Leader
Democratic Priest-King
Persuader in Chief
The Presidential Press Conference
The “Bully” Pulpit
Special Powers
Executive Orders
Emergency Powers
Executive Privilege
Impoundment/Rescission
The Electoral College
(Cliff Notes Version)
You are actually voting for an elector, NOT a Presidential Candidate
Each State gets electoral votes equal to the number of Senators (2) plus the number of House members (proportionate to their population).
Courtesy of the 23rd Amendment, DC gets 3 electors
Every state except Maine and Nebraska has a “winner take all” system
Because of this, plurality (most but not a majority) presidents are not uncommon
There are 538 electors; you need 270 to win (the 11 largest states alone would get you 230)
The Electoral College, not the popular vote, determined the winner in 2000 (Bush-Gore),1888 (Harrison-Cleveland), 1876 (Hayes-Tilden), 1824 (Adams-Jackson)
If no one gets 270 electors, then the question goes into the House of Representatives to be decided
3) Mr. President
And Friends
The Vice President
Prior to 2000, only five vice presidents won the presidency in an election without having first entered the office as a result of their president’s death.
Only fifteen of forty-two presidents have served two full terms.
Eight vice presidents have taken office upon the president’s death.
The 25th Amendment (1967)
Allows vice president to serve as acting president if president is disabled
Illness is decided by president, by vice president and cabinet, or by two-thirds vote of Congress
The new vice president must be confirmed by a majority vote of both houses
The Vice President
Main job: to get up each day and inquire about the health of the president…
Not worth a “pitcher of warm spit”. John Nance Garner (Roosevelt’s VP)
“Never heard from again”
“I do not wish to be buried until I am dead.”
Daniel Webster, on turning down a V.P. nomination
The First Lady
They absolutely “run the gamut” from Abigail Adams to Eleanor Roosevelt to Betty Ford to Hillary Clinton to Laura Bush
EOP and the Cabinet
Executive Office of the President (EOP)
The Executive Office of the President is made up of White House offices and agencies. These offices, such as the National Security Council and the Office of Management and Budget help develop and implement the policy and programs of the President.
Created During Roosevelt Administration (1939)
Serves as Support and Staff Agency for President
Key Components
White House Office
Headed by Chief of Staff
Office of Management and Budget
National Security Council
President, VP, Secretary of State, Secretary of Defense
National Security Advisor – James L. Jones
Council of Economic Advisors
Office of National Drug Control Policy
From the Whitehouse Website:
THE EOP and the Whitehouse Offices
The EOP Big Three:
If you can’t run with the big dogs…
The White House Staff
Office of Management and Budget
Established 1970
(Replaced Bureau of Budget)
Prepares the President's Recommended Budget
Administers the Annual Budget
National Security Council
Established 1947
Truman and the Cold War
NSA and CIA created by National Security Act
Coordinates Military and Foreign policies
Department of State, Department of Defense, NSA, sometimes CIA and more
How do you organize it?
Circles and Pyramids:
Free-flow, Gate-keepers and Ad-Hoc
White House Office
Rule of propinquity: power is wielded by people who are in the room when a decision is made
Pyramid structure: most assistants report through hierarchy to chief of staff, who then reports to president
Eisenhower, Nixon, Reagan, Bush, Clinton (late in his administration)
Circular structure: cabinet secretaries and assistants report directly to the president
Carter (early in his administration)
Ad hoc structure: task forces, committees, and informal groups deal directly with president
Clinton (early in his administration)
Presidential Cabinets
Not Just for Kitchens!
The First Cabinet
Washington and his cabinet: left to right, President Washington, Secretary of War Henry Knox, Secretary of the Treasury Alexander Hamilton, Secretary of State Thomas Jefferson, and Attorney General Edmund Randolph
Cabinet Organization
Heads of Major Executive Branch Agencies
Includes 14 Department Secretaries and Attorney General
President May Assign Cabinet Rank to Others
The Cabinet
Not explicitly mentioned in Constitution
Presidents have many more appointments to make than do prime ministers, due to competition created by the separation of power
Presidential control over departments remains uncertain—secretaries become advocates for their departments
The tradition of the Cabinet dates back to the beginnings of the Presidency itself.
One of the principal purposes of the Cabinet (drawn from Article II, Section 2 of the Constitution) is to advise the President on any subject he may require relating to the duties of their respective offices.
Of course, the modern Cabinet just happens to have another “day job”…
The Cabinet includes the Vice President and, by law, the heads of 15 executive departments:
The Secretaries of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs, and the Attorney General make up the cabinet.
Under President Barack Obama, Cabinet-level rank also has been accorded to the Chair, Council of Economic Advisors; Administrator, Environmental Protection Agency; Director, Office of Management and Budget; the U.S. Trade Representative; the US Ambassador to the UN, and the White House Chief of Staff.
Role of Cabinet
Advisory Role
Cabinet members are “also” the Administrative Head of their departments
Significant Variation in Presidential Reliance on Cabinet
The Creation of the Department of Homeland Security (March 2003)
180,000 plus employees dealing with:
Border & Transportation Security
Emergency Preparedness & Response
Information Analysis & Infrastructure Protection
Science & Technology
Management
Coast Guard
Secret Service
Citizenship & Immigration Services
Inspector General
Soon you’re talking real money!
Total Budget Authority:
$ 47,329,664 FY 08
$ 52,482,219 FY 09
$ 55,115,227 Pres’ Rec FY 10
Executive Branch Organizations
Executive Agencies
Important Executive Branch Agencies, just not in the Cabinet
Examples:
OPM (Office of Personnel Management)
NASA
CIA
Governmental Corporations
Semi-independent
Governed by a board of directors
TVA (Tennessee Valley Authority)
US Postal Service (1970)
Commissions
Regulatory Commissions
Regulate and make rules for certain parts of the economy
ICC (Interstate Commerce Commission)
Railroads, busses, trucking
FCC (Federal Communications Commission)
Telephone, Radio, TV
Ma Bell, Howard Stern, Janet Jackson
The Federal Reserve Board
Monetary Policy, interest rates
Commissions have functions from all three branches!
They legislate (rulemaking)
They execute (administer their own rules)
They adjudicate (administrative hearings and orders)
Members are appointed by the President, relatively autonomous, bipartisan, and have long terms of service.
These are “stealth power” positions with little direct control from the voters.
4)Presidential Power:
The Beauty of Bureaucracy
Governmental Bureaucracy
Civil Service Systems
Governmental Geometry
Pyramids and Paperwork
Spheres and Cycles
Iron Triangles
Presidential Power vs. the “Entrenched” Bureaucracy
Great Expectations
Cut the Fat! Run it Like a Business!
The conundrum: The President NEEDS the bureaucracy to help limit the bureaucracy!
Groundwork
Private Sector
The “business world”
Non-governmental
For Profit
Private Interests
Public Sector
Government
Not for Profit
Public Service
Public Bureaucracy
The bureaucratic structures which sustain governmental activities
Civil Service
Government employment
Civil Service Systems
Patronage
When political loyalty and connections are the major criteria for personnel decisions. Still the way many high level positions are filled.
5000 appointed positions
Merit
When job related competence is the most important qualification for employment. Includes:
testing for employment and advancement
open advertisement and competition for positions
the concept of career civil servants - not tied to the rise and fall of a particular official or party
The Pendleton Act
The First Civil Service Reform Act
Passed in 1883 in response to the assassination of James A. Garfield; pushed through by Chester Arthur
Office seekers looking for patronage appointments had become a major problem
The Act reformed the spoils system of Andrew Jackson to create the first Merit Based US civil service system
The Civil Service Act weakened patronage; over time it has weakened presidential power! (One of the few.)
The Beauty of Bureaucracy
Bureaucracy
A neutral descriptive term
Describes a type of organizational structure
NOT limited to just government
Compared to other forms of organization and structure, a very efficient format
Max Weber’s ideal form of an organization
What Makes it a Bureaucracy?
An organization characterized by:
An internal division of labor
Specialization of work performed
A vertical hierarchy or chain of command
Well designed routines for carrying out operating tasks
Reliance on precedents in resolving problems and a clear set of rules
Bureaucratic Definitions
Bureaucracy
NOT just government
An administrative structure with standardized procedures, professionalized employees, hierarchical management, specialization of labor, and predictable results
Bureaucrat (common usage)
Government employee, often in a merit based position, apart from the political process
Bureau A small part of an agency
Max Weber, Renaissance Man (Review)
German social scientist 1864-1920
Translated to English in 1940's
Believed in “progressive demystification”
Three types of authority
Traditional
Charismatic
Legal – rational: power vested in the office; obedience to rules
The Ideal Form of Organization:
Continuity
Predictability
Rational/Scientific
Efficient!
Provides for a “peaceful, orderly transfer of power” (Bismarck)
The fine print: 90 days same as cash; ideal form guaranteed ONLY if your organization directly reflects the ideal model, no purchase required, many will enter, few will win…
Compared to What?
Monarchy and class supremacy
Spoils systems and favoritism
Hobby or avocational administration
Mob Rule
Wild West
Theocracy
Unless you are physically very powerful, extremely wealthy, fully fortressed, and ruthless, you don’t want to live like that!
The Classic Bureaucratic Shape:
A Pyramid!
Theory Vs. Reality
Even if you meet Max Weber’s ideal:
Clear division of labor
Hierarchical structure
Clear chain of command
Consistent system of rules
Rational and impersonal
Career employment based on qualifications
There can still be downsides:
Can monopolize information
Hard organism to destroy
Impersonality and formalization can yield unresponsiveness
The Problem of Bureaucracy
Carter’s Mouse
Rivalries
Labor vs. Agriculture Food Prices
State vs. Defense Foreign Policy
FBI vs. CIA Intelligence
The Beauty of Bureaucracy: Predictability of Outcome Equality of Outcome
Know the rules and you can navigate the system!
One of the strengths of our American system is our particular combination of democracy and bureaucracy. We have bureaucratic structures to give us consistency and predictability and democratic governance to give us responsiveness to the will of the people.
Bureaucracy and Policy Making
Spheres and Cycles
Wilson’s Politics/Administration Dichotomy
“Administration lies outside the proper sphere of politics. Administrative questions are NOT political questions.”
“Although politics sets the tasks for administration, it should not be suffered to manipulate its offices.”
A More Modern Approach:
The Policy Cycle
Over and Over and Over Again…
continuing policy cycles
policies defined and re-defined with incremental adjustments to accommodate major interests
More “Pointy” Things
Iron Triangles
Public policy is shaped by a triad of lobbyists, bureaucrats, and congressional committees
Iron Triangles can exist for each policy arena or area of expertise
This is NOT viewed as a good thing!
The Challenge of Presidential Power
To Gain Acceptance for a Policy, the President Must:
Control the Bureaucracy
Gain Public Support
Sell Policies to Other Political Players
In other words, he has to infiltrate the iron triangle – not an easy task!
We expect so much of our presidents, and when they meet the reality of limited presidential power, they often disappoint.
Poor George
“I greatly fear that my countrymen will expect too much from me…”
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