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Presidential Power and the Bureaucracy
GOVT 2305
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By now you should be familiar with the constitutional design of the US executive branch – as well as the Texas executive – and the various
issues associated with those powers.
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In this section we trace the development of the executive
branch over American history. As we will see, the powers of the
executive have increased substantively, which was a concern the Anti-Federalists has about the
office.
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Here are links to some of the papers which highlighted Anti-
Federalist concerns.
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Blog Tags:
- executive power.- executive agencies.- imperial presidency.
- presidential persuasion.- regulatory agencies.
- regulations. - the bureaucracy.- agency capture.
- justice department. - EPA.
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In this set of slides we will look at two aspects of this increase.
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First: the increase in the sheer size of the executive branch. From
three original departments, we now have 15, in addition to
hundreds of bureaus, agencies and commission both inside and outside those departments.
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Second: the increase in the advisory bodies available to the President to assist in managing
these organizations.
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This increase has been controversial. Many argue that the increase has
taken the executive far beyond what was originally envisioned by the
framers of the Constitution.
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But as we will see, these agencies were created over time –
piecemeal – by Congress in response to various events over
American history. Some argue that this expansion is a pragmatic
response to the actual problems that have occurred over American
history.
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Question: Is there clear guidance in the Constitution about what the
full extent of executive power ought to be?
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Constitutional Dispute:
Should the Presidency be active or passive?
Should the office lead or follow?
Does Presidential authority boil down to how one interprets Article 2?
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Theodore Lowi (the author of the text I don’t make you buy) points out that two American Presidents had different opinions about this.
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Theodore Roosevelt saw it as an active office and presidents ought
to drive events.
William Howard Taft saw it as passive office and presidents must
restrict themselves to whatever Congress could – constitutionally –
require them to do.
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Theodore Roosevelt: “My view was that every executive officer, and above all every
executive officer in high position, was a steward of the people and bound actively and affirmatively to do all he could for the
people. . . . My view was that it was not only his right but his duty to do anything that the needs of the nation demanded unless such action was forbidden by the
Constitution or by the laws. . . .
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. . . Under this interpretation of executive power I did and caused to be done many things not previously not done by the president and the
heads of the departments. I did not usurp power, but I did greatly broaden the use of
executive power. In other words, I acted for the public welfare, I acted for the common well-
being of all out people, whenever and in whatever manner was necessary, unless
prevented by direct constitutional or legislative prohibition.
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In summary – if a power was not explicitly forbidden, it was allowed.
This was in-keeping with his general temperament.
He was a baaaaad man:
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Ok, that really didn’t happen.
But this did:
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These were the roughriders.
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Here’s a list of things he did as president:
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- Pushed a “progressive” agenda. - Used the authority granted in the Sherman Anti-Trust Act to break up monopolies, reversed laissez-faire policies.- Aggressively used military and diplomatic power, reversed isolationist policies.- Promoted the passage of the Pure Food and Drug Act, increased regulations.- Developed a strong relationship with the press, promoted the expansion of presidential power and visibility.- Expanded the National Park System. “. . . he designated 150 National Forests, the first 51 Federal Bird Reservations, 5 National Parks, the first 18 National Monuments, the first 4 National Game Preserves, and the first 21 Reclamation Projects.”
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And here is a critical assessment of his presidency:
Theodore Roosevelt and the Modern Presidency
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He was replaced by his Vice President – William Howard Taft – who had a polar opposite view of
the office.
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William Howard Taft: “The true view of the executive function is, as I
conceive it, that the president can exercise no power which cannot be
fairly and reasonably traced to some specific grant of power of justly
implied and included within such express grant as proper and necessary
to its exercise. . .
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Such specific grant must be either in the federal Constitution or in can act of
Congress passed in pursuance thereof. There is no undefined residuum of power which he can exercise because it seems to him to be in the public interest, and there
is nothing in the . . . Law of the United States, or in any other precedents, warranting such an inference. . .
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His jurisdiction must be justified and vindicated by affirmative
constitutional or statutory provision or it does not exist.”
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And yes, Taft is the president that (legend holds) got stuck in a
bathtub due to his size.
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He never really said this:
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But tubs did get bigger:
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Roosevelt saw himself as a leader, Taft saw himself as an officer
responsible for carrying out the dictates of Congress and the
mandates within the Constitution.
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Roosevelt did not like Taft’s passivity, so he ran against him in
1912 as a third party candidate and split the Republican vote,
which is how Woodrow Wilson became president.
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Great trivia: Taft would later serve as Chief Justice of the Supreme Court. He is the only person to
occupy both positions.
The Taft Court.List of cases decided by the Taft Court.
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Their dispute highlights ongoing questions about the role the
president is supposed to play in the constitutional system – leader
or follower – and what role the executive branch is supposed to
play in human affairs.
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It also points out the degree to which the activity of the executive branch is often a function of the
personality of the person holding the office.
This is a theme we will discuss in the next set of slides.
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Question:
Is this expansion the result of presidential aggression or a
legitimate response to the need of the republic as they presented
themselves?
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Since the Presidency of Franklin Roosevelt, the executive branch has emerged as the dominant
branch of government.
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Most Americans would probably argue that the executive branch is the primary branch of government because it seems to be where most
action takes place.
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Presidents do more than simply oversee the implementation of the
law.
They tend to run for office promoting legislative agendas, not their expertise as administrators.
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The Constitutional role of the office as Chief Executive, and little
more, seems to have been forgotten. Let’s look at three
reasons for this.
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First, as noted before, Congress has expanded the powers of the executive branch by passing laws
over time granting it new functions as well as a degree of discretion in
how these laws should be implemented.
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The executive branch, through rulemaking powers, has been able to claim some legislative powers, meaning, a degree of autonomy
from the legislative branch.
Click here for separate lecture notes which describe this expansion.
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Rule making is a key component of bureaucratic power. It gives the
bureaucracy discretion in implementing laws depending on
how the law is written.
How much discretion should the executive branch have in implementing the law?
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These powers give presidents the ability to respond quickly to
events, quicker than Congress.
Examples: a recession, or a crisis like the Gulf Oil Spill.
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Second, modern media technology has allowed presidents to connect
directly to the American public and, if popular, mobilize them
behind their proposals.
This is especially useful for a department headed by a single person – it allows for
efficiency and speed in reacting to events.
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The White House Staff contains a communications office (click here
for the director) which attempts to influence how the president is
seen by the general public.
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Persuasion has been noted as a key component of presidential
strength.
This allows presidents to use the media to connect with the general
public and Congress to go along with their proposals.
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A popular President, or at least one who is more popular than
Congress, or his opponents, can “go public.” This means that they
take a message public and use public opinion to persuade others
to go along.
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This idea was developed by Richard Neustadt (see the
summary here). It requires a president to be mindful of his
approval ratings.
Gallup Presidential Approval Center.
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The contemporary President has more tools to work with and a
greater ability to connect with the general population than did
previous presidents.
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Third, by the dawn of the 20th Century the United States became
a force on the world stage.
The president’s unique powers over foreign affairs (diplomatic and
military) put the president in a position where he could exercise
leadership regularly.
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The Two Presidencies Thesis
Presidents have two faces, one concerning domestic policy, the other concerning foreign policy.
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The president shares power with Congress on domestic affairs, but
dominates on foreign affairs.
When foreign affairs are foremost in the public’s mind, the president
necessarily dominates.
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Students of the presidency often claim that the power of the office
has gone through distinct eras. Let’s quickly look at these
Chief ClerkModern PresidencyImperial Presidency
Post Modern Presidency
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The Chief Clerk1789 – 1933
The Executive Branch, institutionally, took a back seat to Congress and simply saw that the
laws were implemented. The scope and authority of the office was
small.
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During this era, presidents tended to be undistinguished, with the
occasional activist who was able to use personality or the nature of
the times to expand power. These expansions tended to be
temporary.
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Communications technology made it more likely that the electorate identifies with their member of
Congress, not the president.
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The institutional nature of the office kept its powers limited, unless outside factors made it
more likely that strong leadership was necessary.
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Most Presidents in this era were weak and ineffective, deliberately.
Some were not, for various reasons.
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Washington – The FoundingJefferson – Manifest DestinyJackson – Democratization
Lincoln – Civil WarCleveland – Regulation
T Roosevelt – ProgressivismWilson – Foreign Affairs
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A quick note: Washington and Lincoln are argued to be two of the
top three presidents (along with FDR). All served during times of
crisis. Successful crisis management is held to be a major
determinant of “great” presidencies.
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The unique power of each of these presidents was due partly to their personalities, but also due to the
nature of the issues that dominated during their
presidencies. Little institutional chance happened to the office
however.
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Some major institutions were created – including the Interstate Commerce
Commission (1887 – 1995), the Federal Bureau of Investigation (1908), the Federal
Reserve (1913) and the Food and Drug Administration (1906) – but there was no solid ongoing push to have the national government either regulate the private
sector of expand its police powers.
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Towards the end of this era, the factors which contribute to
executive power had expanded considerably.
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The institutional structure of the executive, and technological
improvements set the stage for a major increase in Presidential
power.
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The Modern President1933 – current (?)
The President is in a position to dominate government by his
ability to use the news media to set government’s agenda and to
influence the bureaucracy.
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This led to the establishment of the Institutional Presidency
As an institution – apart from the personality of the individual – became more expansive and
powerful. The functions of the presidency expanded.
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The first modern president is generally argued to be Franklin
Roosevelt.
- On Roosevelt and His Legacy.
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Roosevelt purposely developed strong relationships with the press since he understood that they could help him
pursue his agenda.
They also agreed not to show photographs of FDR in his wheelchair in order to
enhance the perception of his strength. Very few images exist of him in hos
wheelchair.
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Instead we see photographs like this. There are few images of him
being lead to and from these spots.
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Roosevelt entered the presidency in a time of economic crisis, which would spill over into military crisis
soon enough.
Crisis creates an opportunity for an expansion of power.
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In his first inaugural address he said the following:
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“I shall ask the Congress for the one remaining instrument to meet the crisis--broad Executive power
to wage a war against the emergency, as great as the power that would be given to me if we were in fact invaded by a foreign
foe.”
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In his first 100 days in office, he requested that Congress pass numerous laws, and they did.
Collectively these are called the New Deal, which can be
considered as being a, relatively, permanent increase in the size and
functions of the national government.
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A sample of the agencies created during the New Deal:
Securities and Exchange CommissionRural Electrification Administration
Tennessee Valley AuthorityThe Social Security Administration
Public Works AdministrationNational Recovery Administration
National Labor Relations BoardFederal Deposit Insurance Corporation
United States Housing Authority
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Constitutional questions remained regarding New Deal programs. Some argued that there was no
justification for the new agencies and some were found
unconstitutional.
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An Example
The National Industrial Recovery Act was found unconstitutional. The Supreme
Court ruled that Congress had inappropriately delegated its regulatory power without both a clear statement of policy and the establishment of a specific set of standards by which the President
was empowered to act.
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Later court cases would broaden the meaning of certain parts of the Constitution to not only provide a basis for New Deal legislation, but
future legislation as well.
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Fun Trivia:
The Texas director for the National Youth Administration
was Lyndon Johnson.
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Johnson would learn from Roosevelt. The Great Society was,
in essence, a second New Deal.
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A sample of the laws passed during the Great Society:
Civil Rights Act of 1964 Economic Opportunity Act of 1964
Voting Rights Act of 1965 Food Stamps
Head Start Higher Education Act of 1965
Elementary and Secondary Education Act Social Security Act of 1965 (Medicare and Medicaid)
National Endowment for the Arts National Endowment for the Humanities
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As a result, the institutional basis of executive power was expanded
considerably.
This has led to backlash and attempts (as yet unsuccessful) to cut these programs
back. This helps us understand much of the political rhetoric in recent years. But again,
when constituencies develop for these programs, they become difficult to cut.
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Other factors leading to increased presidential power:
Media TechnologyIncreased importance of Foreign
Affairs
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Fireside Chats
Periodic, personalized radio addresses made by Roosevelt. For
the first time the president was able to connect directly to the
electorate and push his agenda.
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Transcripts of the Chats.
Audio Files of the Chats.
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One additional factor leading to increased power. The creation of
the Executive Office of the Presidency (EOP) and other
advisory positions.
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The Office was suggested by the Brownlow Committee, and
established in the Reorganization Act of 1939.
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Increased foreign involvement allowed the president to exert additional power in a policy area where he has constitutional
autonomy.
The position of Commander in Chief became paramount. After the end of
World War II and the onset of the Cold War, the ongoing threat of military conflict made the executive stronger in the eye of
the public than legislative power.
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After the end of World War II, a major transformation would occur in the military as well. The Defense Department (1949) and the Central Intelligence Agency (1947) would
be created.
US military influence was expanded considerably.
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The Department of Defense authorized a peacetime army and put the President in a position to use the military at his discretion
without needing to consult Congress to build a military.
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Rather than declaring war, military actions is instead authorized by
acts of congress called: Authorizations for the Use of
Military Force (AUMF)
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The United States has not fought in a declared war since the creation
of the Department of Defense.
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As the position of the president increased in strength, questions
were raised whether the position was growing too strong, and too
autonomous.
Especially with regard to military power.
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The Imperial President
A term used to describe the presidencies of Lyndon Johnson and Richard Nixon
when presidential power was suspected of becoming too powerful and potentially abusive. Both men were complex, and
often paranoid about holding onto power.
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Two events during this time galvanized concerns about
presidential power: the Vietnam War and the Watergate scandal.
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The War Powers Resolution was passed during this time as an effort to place limits on the ability of the president to use military powers at
his discretion.
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After Nixon’s Presidency there were efforts to curtail presidential
power.
These came to fruition, for a brief period of time, after the end of the
Cold War.
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The Post-Modern President11/10/89 – 9/11/01 (?)
This theory argues that the power of the president diminished for a variety of reasons.
The dates are controversial, but they start with the fall of the Berlin Wall and the attacks on 9/11. This spans a brief period of time when
foreign threats were minimal and the economy was expanding.
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For a quick read from 1993: The First Postmodern Presidency. And
from 2003: The Post-Modern President. And 2008: Is Obama the
First Postmodern President?
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There is little need for strong presidential leadership during times of peace and prosperity.
This was the opposite of what existed when FDR was elected in
1932 during the Great Depression and the emergence of communism
and fascism.
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There was no longer a need for a strong foreign presence.
The role of strong commander in chief was reduced.
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There were efforts to reduce the size of the national bureaucracy by
either privatizing functions, or devolving them down to the states
or local governments.
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Devolution refers to attempts to send responsibility for federal
policies back to the states.
Privatization refers to efforts to allow the private sector to provide
goods and services previously provided by government.
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Presidents elected during this period – and just before - has more experience at the state level than the national level. The
following presidents were governors prior to becoming president:
CarterReaganClintonW. Bush
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The communications environment also changed considerably.
When FDR was able to use radios to connect with the general population, there
were few options other than radio for mass media. The president could dominate
communications, and it was one way.
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This was also true for the early years of television. There were a
small number of networks through the late 1970s, so it was relatively easy for presidents to dominate
the airwaves. Presidential televised events were major movers of
public opinion.
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Things changed as media technology improved and
presidential communications could be challenged by other.
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Major events:
24 hour cable newsThe VCR
Hundreds of channelsThe Internet
Facebook, Twitter, etc….
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Presidents are far less able now to set the national agenda since they
cannot control the bulk of the media.
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Now the question is:
What is the state of presidential power?
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Since 9/11, and since the financial collapse and the recent oil spill, is presidential power on a rebound?
As a result of each crisis, institutions were created in order to respond to the factors believed
to lead to those crises.
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After 9/11, the Department of Homeland Security was established
as well as various laws which expanded presidential surveillance
and military powers.
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Similar institutional changes followed the financial crash, as
well as any other crisis.
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Now let’s come to terms with the expanded size of the executive
branch.
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Recall that no executive departments are created in the
Constitution – though their potential existence is alluded to,
and certain functions (armies, navies, post offices, a treasury,
etc…) are mentioned.
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The Fist Congress established the first three executive departments.
State Department (1789) Treasury Department (1789)Department of War (1789)
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Since then, 12 more have been created.
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Department of the Interior – 1849 Department of Justice – 1870
Department of Agriculture – 1889 Department of Commerce – 1903
Department of Labor – 1913 Department of Defense – 1947
Department of Health and Human Services – 1953 Department of Housing and Urban Development – 1965
Department of Transportation – 1966 Department of Energy – 1977
Department of Education – 1979 Department of Veterans Affairs – 1989
Department of Homeland Security – 2002
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Within each of these departments exists a large number of smaller
agencies the perform more defined tasks. Others exist
independent of these departments.
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If you’d like to get an idea about how many agencies we’re talking
about, click here.
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Note that the establishment of each department reflects an
expansion of national power into an area where often that power
did not previously exist.
They were all controversial at the time.
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Also note that these departments were all created at some point by an act of Congress in response to some new event or crisis. By creating these
departments, Congress institutionalized a response to those
problems.
Its worth taking a slow walk through the events that led to each department’s existence.
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When Congress creates a new agency it delegates power to it.
Instead of having to pass legislation, Congress authorizes the
new agencies to issue rules to carry out the agency’s function.
We will discuss the issues associated with rulemaking later.
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Some links explaining rulemaking further:
- Regulations.gov.- Rulemaking – US Department of Labor.
- FCC: The Rulemaking Process.- rulemaking.wordpress.com.
- FAA: Rulemaking.- EPA: Rulemaking.
- SEC Regulatory Actions.
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But doing by doing so Congress also granted a degree of
discretionary power to each institution. As we will discuss
below, these agencies have been granted rulemaking power, which
allows them to fine tune the legislation they are to implement.
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This grants the bureaucracy – which is unelected – a degree of legislative power. Some find this power problematic because the
bureaucracy is not directly accountable to the electorate.
Others see it as a way to ensure that policies are implemented
professionally.
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A further complicating factor is that each department and agency
has a constituency that get tangible benefits from that agency and will fight to ensure that once established they are preserved.
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Our major local example is the Johnson Space Center which
pumps billions of dollars a year into the local economy.
What would happen to the local economy if it was suddenly
terminated? What would area groups do to prevent that?
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Now consider for a moment that every agency in existence has a
similar group surrounding it that fights to preserve them.
This explains why it is so difficult cutting programs.
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In addition, special interests often get involved in political campaign for the explicit purpose of being
able to influence who get placed in regulatory agencies.
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If successful, a powerful interest can “capture” the agency that regulates it (agency capture), which the agency to then use
governmental power to solidify its position and regulate away
competition.
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Some history
Tracing the growth of executive departments
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I previously mentioned that the First Congress established three
major departments – these are still considered to be the most
important.
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Department of State – 1789
Is responsible for international relations and oversees the
diplomatic agencies and foreign service.
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Department of the Treasury – 1789
Manages government revenue and provides the basis for the nation’s
financial system. Is also responsible for currency and other
delegated commercial powers.
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Department of War – 1789
Oversaw the management of armed conflict until the
establishment of the Department of Defense.
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The position of Attorney General was also created to serve as the nation’s top attorney. Now the
Attorney General also heads the Justice Department, but that
department would not be created until the late 19th Century.
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The heads of the first three departments, along with the
Attorney General, are considered the most important of the
executive positions and are sometimes referred to as the Inner
Cabinet.
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More controversially, following the advice of Alexander Hamilton, a
national bank was chartered.
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Hamilton called for an expansive reading of the constitution in order
to justify a national bank, infrastructure development and
the establishment of a solid line of credit in order to purchase bonds
at low rates.
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The national bank was based on the necessary and proper clause.
Andrew Jackson would later challenge that position.
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Hamilton made three key proposals:
First Report on Public CreditSecond Report on Public Credit
Report on Manufactures
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Currently there are 15 Executive Departments.
13 were developed after State and Treasury. The Department of War, along with the Navy,
would be rolled into the Department of Defense.
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Executive Departments are headed by a Secretary nominated by the President and confirmed by the
Senate to manage the department in accordance with the President’s
objectives
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Second in command: Deputy Secretary who serves as Chief
Operating Officer
The secretary and deputy secretary are the first tier of the bureaucracy
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Second Tier: Undersecretaries
Have management responsibilities for one or more of the agencies
within the department.
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Third Tier: Agencies and Bureaus
There are sometimes called line agencies that deal directly with the public. They are
created by Congress and granted the power to implement the law. These are
the individual you and I are most likely to interact with.
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Sample of Agencies within Homeland Security:
United States Citizenship and Immigration Services U.S. Customs and Border Protection
U.S. Immigration and Customs Enforcement Transportation Security Administration
United States Coast Guard Federal Emergency Management Agency
United States Secret Service
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Examples of Bureaus
Federal Bureau of InvestigationThe Forest Service
Agricultural Research Service
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The heads of the executive departments are called the
president’s cabinet, but they are generally not the closest advisors
to the president.
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The Cabinet
The United States Cabinet (usually referred to as the President's Cabinet
or simplified as the Cabinet) is composed of the most senior
appointed officers of the executive branch of the federal government of
the United States.
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Presidents are generally closest to members of the White House Staff.
Conflict between executive departments and the White House
Staff are common.
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We will run through the executive departments created after
Washington’ first three
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This provides a great way to understand the process by which
the national government has grown.
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Post Office 1792 – 1971
Now organized as a government corporation, similar to AMTRAK.
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An office of postmaster general existed throughout the colonial era. For many years Benjamin
Franklin held the office. It provided him an opportunity to help
distribute Good Richard’s Almanac.
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Department of the Interior – 1849
Manages federal land and Indian Affairs
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Department of Justice – 1870
Enforces the law and administers justice.
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Department of Agriculture – 1889
Responsible for policies on farming and food. It also promotes trade in agriculture and meets the needs of farmers and ranchers. Responds to the needs of a particular clientele.
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Department of Commerce – 1903
Its mission is to "promote job creation and improved living
standards for all Americans by creating an infrastructure that promotes economic growth,
technological competitiveness, and sustainable development."
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Department of Labor – 1913
Administers a variety of Federal labor laws including those that guarantee
workers’ rights to safe working conditions; a minimum hourly wage
and overtime pay; freedom from employment discrimination and
unemployment insurance.
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Department of Defense – 1947
Coordinates and supervises all agencies and functions of the
government relating directly to national security and the United
States armed forces.
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Department of Health and Human Services – 1953
Protects the health of all Americans and provides essential human services. Runs Medicare
and Medicaid.
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Department of Housing and Urban Development – 1965
Develops and executes policy on housing and cities.
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Department of Transportation – 1966
Mission: To “serve the United States by ensuring a fast, safe, efficient, accessible
and convenient transportation system that meets our vital national interests and
enhances the quality of life of the American people, today and into the
future."
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Department of Energy – 1977
Coordinates policies regarding energy, energy research, and
safety in handling nuclear material.
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Department of Education – 1979
Formulates federal funding programs involving education and
to enforces federal educational laws regarding privacy and civil
rights.
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Department of Veterans Affairs – 1989
Administers hundreds of Veterans Affairs medical facilities, clinics,
and benefits offices and veterans’ benefits programs.
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Department of Homeland Security – 2002
Is responsible for protecting the territory of the U.S. from terrorist attacks and responding to natural
disasters.
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Again, the heads of these departments are called the
president’s Cabinet and while it is assumed that they are the
president’s top advisors, this is not necessarily true.
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The fact that they must be confirmed by the Senate means that the President can’t select
whoever he or she pleases.
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Cabinet secretaries also are under considerable pressure from below
to allow lower level bureaus to implement laws as they see fit.
“Marrying the Natives”
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Independent Agencies
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Independent Agencies are unique organizations headed by a single administrator, usually with the
help of a commission.
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They either implement something outside the jurisdiction of an existing agency or regulate a
segment of the economy – these are called independent regulatory
agencies.
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Often these agencies were developed in response to a crisis or
event that led Congress to pass a law dealing with the crisis, and which created an institution to
implement the solution.
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These are sometimes called the Fourth Branch of government
given their independent strength.
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Examples:
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Office of Personnel Management
Originally named the Civil Service Commission in 1883, created to
manage the civil service in the U.S.
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The Interstate Commerce Commission.
The first regulatory agency, established in 1887 to regulate
railroads.
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The Federal Reserve System – 1913
Oversees monetary policy in the United States, serves as the U.S.
Central Bank.
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Federal Communications Commission – 1934
Regulates all non-federal government use of the radio spectrum, and all interstate
telecommunications as well as all international communications that
originate or terminate in the United States.
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Securities and Exchange Commission – 1934
Protects investors who buy stocks and bonds.
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Central Intelligence Agency – 1947
Collects information about foreign governments, corporations, and individuals, and to advise public
policymakers. The agency conducts covert operations and paramilitary
actions.
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National Aeronautic and Space Administration – 1958
Runs the American space program.
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Environmental Protection Agency – 1970
Controls and abates pollution in the air and water and deals with problems related to solid waste, pesticides, radiation, and toxic
substances.
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Federal Election Commission – 1975
Regulates campaign finance legislation in the United States.
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There are many more, click here for a list.
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Problems:
Regulatory CaptureBureaucratic Drift
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Agencies can sometimes be controlled by the interests they are
to regulate. Top contributors to presidential candidates are
sometimes allowed to determine who does and does not serve on a
regulatory board.
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Is successful, the interest can pack a regulatory board with supporters
and the industry can effectively regulate itself.
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Second: Over history, hundreds of bureaus and agencies have been
established within those departments.
Often these are created in response to a crisis that led to the passage of
legislation that created an institution to deal with that crisis.
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Agencies that exist within one of the executive departments are called bureau level agencies.
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Example #1: The Federal Bureau Of Investigation exists within the
Justice Department.
Here’s their organizational chart:
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Agencies also exist outside the structure of executive
departments.
This is to provide them a degree of independence form the president.
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There are three types:
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Independent Agencies
These are agencies with powers over public services too expensive
or important to be left to the private sector.
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Examples:
NASACIA
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Government Sponsored Enterprises.
Similar to independent agencies, but structures like private companies.
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Examples:
AmtrakU.S. Post Office
Fannie MaeFreddie MacSallie Mae
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Independent Regulatory Commissions
Entities granted powers to make broad rules regulating some aspect
of the economy.
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Examples:
FTCFCCSECEPA
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Third: A three part advisory system for the President. These allow the
president the ability to manage the executive branch.
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Note that the president does not rely on the advise and consent of the Senate as originally designed.
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These are the three groups of advisers:
White House StaffExecutive Office of the President
The Cabinet
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White House Staff
These people work directly for the president – meaning that they are
hired and fired by him - and are responsible for organizing his day
to day activities.
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Executive Office of the President
Developed in the late 1930s to assist the president in setting the policies to be implemented by the
bureaucracy.
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The Cabinet
Composed of the heads of the executive departments. Each department contains a large
number of smaller agencies. They do the actual implementing of law.
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4 - With the creation of these agencies came a large federal
workforce that developed a degree of autonomy.
The Civil Service Commission
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The growth may have confirmed the fears some had about the
creation of a singular presidency.
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The Anti-Federalists were worried about the potential strength of the executive branch. There would be a gradual increase in power in the
office at the expense of state power.
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They were right to be concerned. The executive branch has grown in size and strength over the course
of American history.
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The Executive Office of the Presidency
Created in the late 1930’s in order to provide information and advice to the president and other upper
level executive officials about specific topics.
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The Brownlow Commission
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Current EOPCouncil of Economic Advisers
Council on Environmental Quality Domestic Policy Council
National Economic Council National Security Council Office of Administration
Office of Management and Budget Office of National Drug Control Policy
Office of Science and Technology Policy Office of the United States Trade Representative
President's Intelligence Advisory Board and Intelligence Oversight Board
White House Military Office
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Within each office is a group of policy experts and analysts that
compile information about relevant subject matter, make
policy recommendations, and send them on to upper level
administrators, including the president, for action.
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The EOP has allowed for additional use of presidential power since the
president has additional information to use to develop or
justify initiatives.
So has the White House Staff
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The White House Staff
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As the demands of the office have increased, the number of
individuals working directly for the president in the White House Staff
has grown as well.
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Day to day advisors to the President.
Hired and fired directly by the president.
Job #1: Make the president look good.
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Determinants of Strong Advisers
LoyaltyControl
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Top position
Chief of Staff
Responsible for managing the President’s day and determining
who get to see the president.
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Other positions:
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Communications OfficeLegislative Relations
TravelSocial Secretary
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Top domestic and foreign policy advisors tend to have been members of the President’s
campaign staff.
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The White House Staff is where one is likely to find the people most loyal top the President,
rather than to the office, or any of the departments.
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Even if the presidency has declined in importance in recent years, which is a debatable point, the
office is much stronger than it was initially
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The Presidency
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The increased size and scope of the executive branch has led to a
much stronger Presidency.
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How in fact has the executive branch grown over time and factors explain that growth?
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First, a few words on the Bureaucracy.
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Executive DepartmentsIndependent Regulatory Agencies
Government Corporations
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Executive Departments
The primary unit of the federal executive branch. Most other
agencies and bureaus are located within one of the 15 executive
departments.
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These departments implement the laws passed by Congress. Within
each department is a large number of agencies and bureaus with smaller, more defined tasks.
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There are also a variety of Independent Agencies which exist outside the executive departments
and either regulate specific activities, or implement laws not
carried out by executive departments.
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The scope of the original executive branch under Washington was
relatively limited.
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Three Executive Departments were established initially.
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Study Guide
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- Be able to describe the manner in which the US executive has expanded over time. - What departments were first created and which were added over time? - What different personnel heads the various departments and agencies?- What three different groups exist to provide advice to the president?- What is agency capture? What does it tell us about the factors that influence behavior in executive agencies?
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- What different attitudes have presidents taken toward the role of the executive according to the Constitution? - What factors have led to the increase of presidential power over time?- Be familiar with the various “eras” of the presidency.- What is the modern presidency? Who was argued to be the first “modern” president? What factors augmented his power?- What is the bureaucracy?
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- What is the current state of presidential power?- What factors make the bureaucracy powerful?