Ali San

Per. 6

9-3-14

Gov terms

Divided Government- One party controls the WH and another party controls one or both houses of C; more common these days

Unified government- the same party controls the White House and both houses of Congress

Electoral college- the people chosen to cast each state's votes in a presidential election; each state casts one vote for each Congressmen it has

Pyramid structure- a president's subordinates report to him through a clear chain of command headed by a chief of staff

Circular structure- several of the president's assistants report directly to him Ad hoc structure- several subordinates, cabinet officers, and committees

report directly to the president on different matters Cabinet- the heads of the fifteen executive branch departments of the federal

government; must be approved by Senate Veto message-a message from the president to Congress that he will not sign

a bill it has passed. Must be produced within ten days of the bill's passage Pocket veto- a bill fails to become law because the president does not sign it

within ten days before Congress adjourns Line-item veto- an executive's ability to block a particular provision in a bill

passed by the legislature; unconstitutional on the national level Legislative veto-the authority of C to block a presidential action after it has

taken place; unconstitutional Impeachment- criminal indictment against a president approved by a simple

majority of the House of Representatives; very rare Lame duck- a person still in office after we know that he or she will not serve

the next term for any reason; will not face consequences of actions in office 25th Amendment- VP becomes P after he dies or resigns; P nominates VP

after former VP dies or resigns Congress approval; when P gives SH and PT written declaration of disability, VP becomes acting P; if VP and majority of Cabinet say to SH and PT that P has disability, VP immediately becomes acting P; after this, if P says to SH and PT that no disability exists but VP and majority of Cabinet disagree within 4 days, C must be assembled within 48 hrs and 2/3 vote of entire C is required within 21 days to make VP into acting P.

Direct Democracy- a government in which all or most citizens participate directly.

Executive Agencies- An agency of the executive branch of government. Executive Office of the President- The branch of the United States

government that is responsible for carrying out the laws.

Executive Privilege- The principle that members of the executive branch of government cannot legally be forced to disclose their confidential communications when such disclosure would adversely affect the operations of procedures of the executive branch.

Office of Management and Budget- The largest office within the executive office of the President of the United States (EOP)

Perks- Perquisites" meaning "fringe benefits of office." Implied Powers- Those powers authorized by a legal document from the

Constitution, which, while not stated, seem to be implied powers expressly stated.

Presidential Coattails- The ability of a presidential candidate to bring out supporters who then vote for his party.

Representative Democracy- A government in which leaders make decisions by winning a competitive struggle for the popular vote.

22 Amendment- Limited presidential terms to 2 for only 1 person, or to 1 elected term if the person has completed more than 2 years of another's term.

White House Office- Presidential staff who oversee the policy interests of the president.

Veto- The power to stop an official action, especially the enactment of legislation

Delegate Representation- elected representative whose obligation is to act in accordance with the expressed wishes of the people they represent

Budget Reform Act of 1974- A congressional effort to control presidential impoundments. It requires, among other things, that the president spend all appropriated funds unless he first tells Congress which funds he wishes not to spend and Congress, within forty-five days, agrees to delete the items.

Impoundment- placing private property in the custody of an officer of the law

Independent agencies- Federal agencies that are part of the executive branch but outside the structure of cabinet departments. Their heads typically serve fixed terms of office and can be removed only for cause

Rescissions- Presidential recommendations to cut parts of appropriations bills; a 1996 law allows the president's rescissions to go into effect unless they are overridden by a two-thirds vote in Congress.

Presidential succession- eventually defined in the 25th amendment; list of people includes VP, Speaker of the House, President Pro Temp, Secretary of State, etc.

Trustee Representation- elected representative whose obligation is to act in accordance with their own conscience as to what policies are in the best interests of the public

Prime Minister- chosen by parliament, they have a majority (coalition) in the Parliament. They are “insiders,” with usually no term limits.

Questions

1. The power of commander in chief was, at first, not considered to entail much authority;

the main military force was expected to be state militias, and the president was thought to

lack any independent offensive capability without prior congressional approval. The

president also was given the power to “take care that the laws be faithfully executed.”

The wording seemed to imply that the president was allowed to do no more than carry out

the laws of Congress, but subsequent Supreme Court interpretations of this clause have

expanded the scope of presidential authority to act without a specific congressional

mandate in domestic affairs. An important source of increased presidential power has

always been politics and public opinion: The American people look to the president for

leadership and hold this official responsible for national affairs. Richard Neustadt has

argued that the president’s success depends not on any formal power but on the ability to

persuade, especially as exercised in regard to the people within

the Washington establishment.

2. The White House staff was initially quite small, with presidents often personally

answering the telephone and their own mail. Presidents have developed three strategies

for organizing the White House Office. In the circular structure, several assistants have

direct access to the president. This arrangement maximizes the flow of information to the

president but produces internal confusion over lines of authority. In

the pyramid structure, a chief of staff controls access to the president and positions are

organized in a hierarchical formation. Presidents have recently begun to rely more

heavily on White House staff for policy proposals than cabinet departments, a fact that

creates a stressful relationship within the executive branch. In the ad hoc structure, the

president employs task forces and informal groups. In general, however, presidents have

preferred the pyramidal structure, with Carter and Reagan shifting to this mode to cut

back on the demands on their time imposed by the circular model. The EOP, which

includes the White House Office and Office of the Vice President, consists of agencies

that perform staff services for the president but are not (with the exception of the White

House Office) located in the White House itself. The cabinet consists of the heads of the

federal departments. Given the president’s lack of constitutional powers and his inability

to depend on cooperation from Congress or even support from the executive branch, he

must necessarily rely on persuasion if he is to accomplish much.

3.   The president can exercise this constitutional power of the office by sending a veto

message back to Congress or by doing nothing if Congress adjourns within ten days of

sending the bill to the president: this is called a pocket veto. Overturning a veto requires a

two-thirds vote in both houses. The veto is a powerful weapon, because historically less

than 4 percent of presidents’ vetoes have been overridden. In 1996, Congress enhanced

the veto power of the president by enhancing the president’s budgetary rescission

authority. (This innovation was popularly known as the “line-item veto.”) The Supreme

Court, however, subsequently ruled this law, unconstitutional.

4. The president has traditionally claimed the right to keep communication secret within

the executive branch, based on the principle of separation of powers (which would be

compromised if the internal workings of one branch could be scrutinized by another

branch) and on the president’s need to obtain confidential and candid advice from

advisers (who could not be frank if their communications were made public). In the

Watergate tapes case (United States v. Nixon) the Supreme Court held that executive

privilege was not absolute and did not allow the president to withhold evidence from a

criminal investigation. This decision was reinforced, and even expanded, by additional

court rulings during the Clinton administration, which further limited executive privilege.

5. Legitimacy is the best way for a government to gain authority. A peaceful and orderly

handover from one legitimate regime to the next is the best way to maintain legitimacy. A

revolutionary government can be legitimate, but it must represent the wills of the people,

or at least represent the people better than the preceding government did. Most

established countries have a formal process for removing one leader and replacing that

leader with the new government. As long as the rules are followed, the new government

maintains legitimacy and efficacy. For example in Kenya, the current government took

over in a military coup. They created a democracy, and helped stabilize the country in a

very unstable region. By creating a democracy and addressing the needs of the people

they became a legitimate government. It helps that they removed an oppressive regime

that had also taken control via force, but failed to address the needs of the citizens.  For

example, the elected government allegedly (and almost certainly) rigged the elections.

They failed to hand over power in a peaceful and orderly manner. Unable to maintain

control of the people the president has been working with the opposition on a power

sharing agreement. The hopes are that a new, peaceful and orderly organized government

will allow the government to operate with legitimacy.

6. The role of vice presidency has been unimportant because the president chooses based

on who will “balance the ticket” (especially when running for office and campaigning).

Vice presidents are most commonly elected for purely political reasons, to make a party's

ticket more attractive to the voters. This often means that the vice presidential candidate

provides regional or ideological balance to the ticket. Constitution established the vice

presidency as a critically important but virtually powerless role. Vice presidents have few

formal duties or powers. But they have to be ready to take over at a moment's notice if

something happens to the president.

7. The President is responsible for making about 6,000 appointments - the most important

of which are his cabinet and federal judges (including the Supreme Court). The Senate

must approve most of these. The President is the final authority in military matters and

ultimately is responsible for the entire military might of the United States. The President

has the right to conduct diplomatic missions and set foreign policy on behalf of the

United States. The President has the power to pardon or commute the sentence of

convicted criminals. The President has the ability to declare a 90-day period of

Emergency during which he can use the full force of the military without seeking

permission from Congress either in the form of a declaration of war or through funding. 

The President can veto any bill signed by Congress - preventing it from passing unless

both Houses can muster a 2/3rd majority in favor of passing the bill. In most cases, a veto

will kill a proposed bill. Probably the most important "informal power" of the President is

his ability to influence the legislative agenda and set economic policy. As the most

powerful single individual in the US government, the President is able to "throw his

weight around" and influence areas not under his direct control. The role of a president is

not that powerful. The legislative is probably the most powerful among all the branches.

They write our laws, levy our taxes, declare our wars, confirm our Supreme Court

Justices and Cabinet Officials, and decide how the federal money is spent, amongst other

actionable powers. In addition to their great many capabilities, as it concerns this

discussion, Congress has the authority to impeach and dismiss the occupants of the other

2 branches. This, above all else, makes the Legislative Branch, undoubtedly, the most

powerful of the three.