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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