the executive branch | the presidency
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Part of GOV4A Revision for AQA From the Aquinas Politics DepartmentTRANSCRIPT
GOV4AThe Government of the US
Scott Thomas | May 2013
Exam success is not a lottery!
Know your terms
Know the Articles
Know the Examples
Session 4The Executive Branch
of the US
The Executive Branch
Constitution & Executive Branch
Presidential PowerLimitations & ConstraintsPower and Influence:
Cabinet EXOP
Federal Bureaucracy & Federal Agencies
Executive & The Constitution
Found in Article 2All executive power is
vested in one President
Commander in ChiefCabinet not a requirement
Electoral College outlined Term limits added via amendments
Some Key Presidents
George Washington• First President • Bill of Rights• Two term convention
Abraham Lincoln• Abolished Slavery• President during Civil War
Franklin D Roosevelt• Longest serving 12 years• The New Deal
Richard M Nixon• Watergate• New Federalism
Ronald Reagan• Iran-Contra Affair• Robert Bork – SC Nominee
Bill J Clinton• Failed Impeachment• Failed Healthcare Reform
Some Key Presidents
• 9/11• Anti terror legislation• Education & AIDS• War on Terror• 2008 Financial Crisis
George W Bush
• Obamacare• Gun Control• Immigration Reform• Osama Bin Laden• Bailouts
Barack H Obama
Role of the President
Head of State
Chief Diplomat
Chief Legislator
Commander in Chief
Chief Executive
Increasing Role of the President
Only national political institution that can act quickly and decisively in times of crisis
Only nationally elected politician – claim a mandate
EBBS AND FLOWSCrisis – Flows towards POTUSPeace – Congress Reasserts itself
Powers of the President
• Propose Legislation– Bush – No Child Left Behind
• Submit the Annual Budget• Sign Legislation• Veto Legislation
– Bush Stem Cell Research• Act as Chief Executive• Nominations Chief• Commander in Chief• Negotiate Treaties • Pardon
Power of Veto
Presidents can veto legislation, i.e. not make it lawStandard Veto
Sends it back to CongressPocket Veto
Doesn’t sign within last 10 days of CongressLine Item Veto
Power to veto certain parts of legislation, ruled unconstitutional by Clinton v New York 1998
The Power to Persuade
Why only persuade:Cabinet is not a reward to Congress due to the separation of powers Lack of an honours system in the US unlike the UKCan’t remove the whip
Who Persuades: VP EXOP (Office of
Legislative Affairs) Party Leadership Interest Groups
Neustadt:Presidential Power is the Power to Persuade
The President Persuades
Sometimes the Presidents wades into the persuasion personally
Phone CallsBudget Vote 1993 Clinton rang Marjorie Margolies
Mezvinsky to get her to cast her voteSupport LegislationCampaign in District
Only if Popular!!!!
Vice President of the United States
Vice President
The most insignificant office that man has ever imaginedJohn Adams (1733 – 1826) – First VP
First Vice President’s were the people who came second in a Presidential Race
The role as moved on since its formation in the early days
Modern VP Candidates
VPs chosen through a Joint Ticket System
A balance ticket is often crucial in electionsBalance can be in the form of Experience, Ideology, Age, Region.
Are race and gender now important as well?
Enumerated Powers of the VP
Presiding Officer of the Senate• Votes in Senate Deadlocks• Cheney voted to protect Bush's $1.6bn tax cut
Announces Electoral College Votes• January 2001 – Al Gore announces his own defeat
First in line of Succession• If President dies, resigns or is removed from office• Has happened a total of 9 times
Acting President• 25th Amendment: Cheney was President for 2 hours whilst Bush
was sedated
However... Powers have IncreasedSince Eisenhower the Vice Presidency has been a breeding ground for PresidentsMany distinguished politicians battle for the role – Bush Senior, Joe Biden
Presidents give VP more responsibility and some become advisorsVPs now see daily intelligence briefings and all have an office in the West Wing
Additional Powers
VPs are now a major spokesperson for the administration– Gore: Environment– Cheney: Foreign Policy
The VP is a major fundraiserVPs can play the ‘Washington Insider’ guiding POTUS
Cheney as Vice President
Portfolio Contained the Iron Issues Economic Issues Security Issues Energy Issues Party Caucus
The Most Powerful Vice President in History
The President and I have a different understanding
Biden as Vice President
Less powerful relatively than Cheney
Focus on Foreign Policy
Washington Insider Senate Judiciary
Committee 36 years as a Senator
He was the Second poorest member of Congress
The US Cabinet
15 Heads of Department+ Vice President+ Director of OMB
No constitutional requirement
StateJohn Kerry
TreasuryJack Lew
DefenseChuck Hagel
Attorney GeneralEric Holder
The advisory group selected by the President to aid him in making decisions and coordinating the work of the Federal Government. Membership is at the pleasure of
the President
Frequency of Meetings
Varies between President to President.
Reagan in his first year held 36 Meetings
Meeting number tends to decline towards an election year as election demands eat into his time
George W Bush’s MeetingsYear Frequency
2001 9
2002 5
2003 8
2004 6
2005 5
2006 6
2007 4
2008 5
2009 1
Functions of the CabinetFor the President
Team Spirit
Consensual
Information Gathering
Debate
Big Picture
See all Departments
Functions of the CabinetFor the Cabinet
Get to know
Resolve Disputes
Contact Points
Catch the President
Increased Standing
Cabinet Synoptic Links
UK:Cabinet members sit in the legislature Cabinet posts are part of the PM’s powers of PatronageMPs want to be in CabinetCollective Ministerial Responsibility
USA:Cabinet members must only be in the executiveNot a reward, more of a final posting before retirementNo Collective Ministerial Responsibility
Federal Bureaucracy
Similar to the UK Civil Service the Federal Bureaucracy is the back bone of the US Government. They carry out policy and work out the finer details of the bills passed by Congress
2.7million employees
$13.8 billion payroll
11% of employees in
DC
Roughly 900 Departments
Unelected, Administrative Body in the Executive Branch, set out into departments agencies and commissions. They carry out policy on a day to day basis.
Federal Bureaucracy
Executive Departments
Department of the Treasury
Executive Agencies
Federal Bureau of
Investigation
Independent Regulatory
Commissions
Federal Election
Commission
Government Corporations
United States Postal Service
Problems with the Bureaucracy
Clientelism• Agencies serve the interests of those the are supposed to be overseeing• Lap Dogs rather than Watchdogs
Imperialism• Agencies seek to expand their own power at the expense of other
agencies • Turf Battles
Incrementalism• Agencies may act slowly and cautiously, with a nature to resist change• Argument very similar to the UK Civil Service
Iron Triangles
Strong relationship between three political bodies• Interest Groups• Congressional
Committees• Agency
Generally considered as having a negative impact on policy
Iron Triangles Example
Department of Defense
Defense Committees
Defense Contractor
Elec
tion
Dona
tions
Support for Dept.
Favours and Less Regulation
Support Dept.
Low
Reg
ulati
on
Low
Ove
rsigh
t Execution of
Policy
Executive Office of the President
Executive Office of the President
Formed in 1939 as a result of the Brownlow Committee
“The President Needs Help”
Expansion of Federal Government
Top staff agencies in the White House that give the president advice and support in his role. It focuses on coordination,
personnel management and advice giving
Executive Office of the President
Office of Management and
Budget
National Security Council
White House Office(The West Wing)
White House Office
Most trusted advisors and aides
Chief of Staff
Press Secretary
Director of Communications
Cabinet Secretary
White House Office
Liaison between President and Federal Bureaucracy and Cabinet
Liaison between President and Congress Screening of Telephone calls Screening of Documents Advisory Role Draw up Presidential Schedule ‘Lightening Conductors’
Remember this is just the Public Schedule,WHO will create a more private one
White House Office Staff
President chooses them
‘Honest Brokers’
Staff should be following the Presidents Agenda,Not their own, like Sununu may have been
Should not be in the media spotlight
The Chief of Staff
Head of EXOPMost Crucial Role‘Deputy President’Gate Keeper to the Oval
Protect the interests of the President and advise him accordingly
A Chief of Staff’s power is will depend on how strong they are
Denis McDonough
The Chief of Staff
Bob Halderman• Richard Nixon
John Sununu• George H W Bush
Mack Mclarty• William J Clinton
Leon Panetta• William J Clinton
Andrew Card• George W Bush
Rahm Emanuel • Barack Obama
Office of Management and Budget
Created by Nixon in 1970
Oversees the spending by all Federal departments and agencies
Advises the President on the allocation of Federal Funds
Director is the only Senate confirmed position within EXOP.
National Security Council
Headed by National Security Advisor
Nixon politicised the way in which worked, running Foreign Policy through Kissinger from the West Wing
Clinton returned it to its honest broker role
EXOP v Cabinet
From EXOP Perspective
Regard Cabinet as too distant and disloyal from the President
From Cabinet Perspective See EXOP as too close
and too loyal to the President
Large rivalries existed during the Nixon Years as EXOP ran Foreign Policy with Henry Kissinger as National Security Advisor instead of the State Department
Why?
NSA Office
Why?
US State Department
White House
1.7 Mile Journey between the twoNSA – 30 seconds from the Oval
An Imperial President?
Term Originates from the 1970s by Schlesinger
Focuses on abuse of power by Johnson and Nixon
EXOP becomes the Court of an Emperor
Why?
Executive branch dominates over the other branches
Presidents craft Foreign Policy as Commander in Chief and use the vagueness of the Constitution to go to War
Johnson and Nixon personified this
Evidence
1964 Gulf of Tonkin Resolution giving Johnson a ‘blank cheque’ for Vietnam War
Nixon – Wire tapping, bombing of Laos and Cambodia, executive privilege claims
Imperilled Presidency
However it can be imperilledPresident Ford is a good example• Lack of Party leadership in Congress• Unable to control Federal Bureaucracy
A principal weakness in the presidency is the inability of the White House to maintain control over the large federal bureaucracy. G . Ford
‘Bifurcated’ presidencyIt can be argued that the presidency is almost like two separate roles, with different levels of power:• Foreign policy – almost unchecked power• Domestic policy – hugely constrained by Congress
• So is Congress ‘too effective’ a check and balance domestically, yet too weak on foreign issues?
Clinton was easily able to send troops to Bosnia and Kosovo, whilst he couldn’t pass his healthcare bill
However!There are contrasting examples too; • Foreign policy – Congress dried
up funds for the Vietnam conflict under Ford (power of the purse)
• Domestic policy – FDR was able to pass much legislation in the 1930s (New Deal), as was Johnson (Great Society)
George W BushYes No
Presidential Authority – Only response in War on Terror
Congress refuses to extend Patriot Act
Many in Administration saw Congress as below the White House in National DefencePassing of Anti Terror Legislation (Patriot Act)
Executive Synoptic LinksUK Fusion of Powers vs US Separation of Powers Importance of CabinetUK PM stronger domestically than US PresidentUS President stronger on foreign policy than UK PMUK PM has bigger sticks and tastier carrotsUS Term limits vs no limits on PM tenureUK PMs can be presidential whereas US President’s can be
imperial
Exam success is not a lottery!
Know your terms
Know the Articles
Know the Examples
Answer the question, the whole question and nothing but the
question