Pew Notes: The Executive Branch



Pew Notes: The Executive Branch

1. For choosing a president some wanted a direct election for the Chief

Executive. What were some problems associated with this idea?

1. Fear of an excessively strong President.

a. Fear that the presidency would be the "fetus of monarchy" (Edmund Randolph).

b. Concern over no term limits (no 22nd Amendment until 1951).

2. Fear of an excessively weak President who would become a "tool of the Senate" because of its ratification and confirmation powers.

3. The basic problem of creating a presidency was expressed by Gouverneur Morris:

"Make him too weak: the legislature will usurp his powers. Make him too strong: he will usurp the legislature."

2. What does impeachment mean as it relates to the presidency?

If President found guilty of High Crimes and Misdemeanors or unfit, He will be tried for impeachment in the House. Then trial begins in Senate for removal.

3. Why have people demanded that the federal government play a larger role in areas of public concern? What are the major areas of concern? Has the executive branch gotten larger or smaller in response to meeting those public demands?

Growing complexity of society: With a highly industrial and technological society, people have demanded that the federal government play a larger role in areas of public concern, e.g., pollution, labor issues, air travel safety. The executive branch has thus grown to meet those public demands.

4. As the result of the emergence of the U.S. as the great superpower after WWII and the developments of the Cold War, how have these events affected the powers of the President in dealing with various foreign crises?

Emergence of the U.S. as the great superpower after WWII. Development of the

Cold War placed the U.S. into a virtual non-stop crisis situation after 1945 ---> assumption of great powers by the President to deal with various foreign crises.

5. What happens to the president’s popularity over time? Why do you

think this happens?

"Move it or lose it." Presidents should get things done early in their terms when their popularity is at its highest (e.g., Reagan's tax cuts in 1981).

6. Does the president have the line item veto? What did the Supreme

Court say about its legality?

The line item veto -- struck down by Supreme Court because of conflict with separation of powers).

7. How often does the president make a State of the Union Address to Congress?

This Constitutional duty is given once a year in front of Congress. “He shall from time to time…”

8. Congress can override a presidential veto with a 2/3 majority in both houses.

True dat.

9. How is a president removed from office? What does the House do? The Senate?

Impeachment (by House) and removal (by Senate)

10. As Commander in Chief, what power does the Chief Executive have in relation to the armed forces? Who is supreme to the President in relation to his/her power with the armed forces?

The Commander in Chief is head of the armed forces (link w/civilian supremacy).

11. 11.As Chief Diplomat, name his/her 5 powers

a. Sets overall foreign policy (confirmed by US v. Curtiss-Wright, 1936)

b. Appoints and receives ambassadors.

c. Negotiates both treaties and executive agreements.

d. Negotiates “congressional-executive agreements” with leaders of other nations that require the simple majority consent of both houses of Congress. Example: NAFTA.

e. Gives diplomatic recognition to foreign governments.

12. As chief jurist, name two powers. What does “pardon” mean?

To “forgive” criminals and have them released from jail. It is a check on the judiciary.

13. 13. As head of the political party, list two responsibilities

1. Selects the party's chairman of the national committee and v.p. nominee.

2. Reward political patronage.(Ambassadorships, Federal job positions, etc.)

14. 14. Describe some features of the White House Office/White House staff.

They are the immediate staff of the President. They assist him in formulating policy. Generally, they are his most trusted and loyal assistants.

15.Do appointments to the White House Office, e.g. Chief of Staff, generally require Senate consent?

No, they don’t.

15. What kinds of people do Presidents typically seek for their inner circle (White House Staff)? How does this differ from the “loyalties” of Cabinet members?

As mentioned above, the most loyal folks who advise the President. The closer one is (“rule of propinquity”), the more influential she is…

, th

16. What does OMB stand for and what function does it serve for the Chief Executive?

Office of Management and Budget (OMB). Prepares and audits annual budget from Executive Agencies. Reports on the economy as well.

17. Explain why there are divided loyalties of Cabinet officials to the President. Explain what loyalties Cabinet officials owe to the following groups: Secretaries, Congress, client groups, and employees within the departments.

a. A reason for this is the divided loyalties of Cabinet officials: are the Secretaries most loyal to the President? To the Congress (which funds the departments)? To client groups (which depend upon the departments)? To the employees within the departments (with whom the Secretaries must deal on a daily basis)?

b. Another reason is that the President’s goals often conflict with Cabinet Dept. goals.

18. How do the President’s goals often conflict with Cabinet Dept. goals?

The President may want to cut spending, but Cabinet Secretaries generally want to see their departments grow rather than shrink.

19. How does Vice President “preside over Senate?” What does he/she do in case of a tie?

He/she can literally break a tie vote if votes are 50/50 in Senate.

20. What does balancing the ticket mean?

Balancing the ticket means choosing a VP who will attract votes from the candidate’s region or through “experience” in Congress or some other matter that seems to boost the president’s standing.

21. The President can easily go directly to the people with his case (the “BullyPulpit”). Is this an advantage and why?

Use of media. Media focuses more on a single person than on 535 people. President can easily go directly to the people with his case. “Presidential power is the power to persuade” (Neustadt)

22. What kind of powers did Congress delegate to the executive branch and in what area in particular?

Foreign policy powers, especially war powers.

23. What are executive agreements? Do they require Senate ratification? Why or why not, do you think?

1. Executive Agreements are "deals" between the President and the head of another nation (e.g., the destroyers-for-bases deal between FDR and Churchill in 1940).

2.. What is particularly galling to Congress is that treaties are often on relatively trivial issues (e.g., archaeological artifacts in Mexico), but executive agreements are often on matters of great importance (e.g., military commitments to various nations).

24. Since WWII, What has happened to the number of executive agreements in relation to the number of treaties? Why do you think this is the case?

Since WWII, the number of executive agreements has vastly outnumbered the number of treaties. Between 1980-1991, there were > 4100 of the former, and less than 200 of the latter. Doesn’t require Senate ratification.

25. 26. What is the definition of “Executive Privilege?” Provide an example.

Def.: the right of President to not divulge conversations between himself and his advisers. Example: Bush refused to tell Congress who sat in on Cheney’s energy task force

26. What was the US Supreme Court’s ruling in U.S. v. Nixon (1974)? Are Presidents entitled to executive privilege in criminal cases?

In U.S. v. Nixon (1974), the Supreme Court stated that Presidents are in fact entitled to executive privilege most of the time, but not in criminal cases.

27. List out provisions of the War Powers Resolution of 1973 (e.g. Letter A, 1-4).

1. Constitutional conflict of Congress' power to declare war vs. President's power as Commander in Chief.

2. In the 18th century, Congress had more time to deliberate war issues; in the

modern era, however, Presidents have argued that they need more flexibility to meet rapidly changing conditions.

3. Presidents have sent troops without a congressional declaration of war more than 125 times. This has happened very frequently since 1945 (cite examples).

4. Congress has in fact generally gone along with these operations, and has of course funded them, as well. When public opinion turns against the operations, however,

Congress has often responded (e.g., Vietnam War).

5. One of the reasons Congress has gone along with these operations without a formal declaration of war is that such a declaration carries with it the transfer of great emergency powers to the President that the Congress may not want to grant him.

28. List out provisions of the Budget and Impoundment Control Act of 1974 (A-E)

1. Def.: the refusal of the President to spend money that has been appropriated by Congress. In the past, this was done when there was an obvious need, e.g., reducing defense spending after a war ended..

2. Without a line item veto, Presidents must either sign an entire bill or veto it. As a result, Presidents may be unhappy with funding amounts for certain parts of a bill, and want to withhold such funding.

3. Nixon impounded funds for policy objectives. Some members of Congress were livid that money was not spent when it had been lawfully appropriated by legislation. Such impoundment seemed unconstitutional.

29. Explain legislative veto, its intent, and the SC ruling?

The legislative veto was a way of forcing the bureaucracy to conform to congressional intent. Supreme Court said legislative veto can be an unconstitutional violation of separation of powers.

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