EU – to understand that the Presidency is a fairly weak EU – to understand that the Presidency is a fairly weak office, vaguely constitutionally described, but with a office, vaguely constitutionally described, but with a huge organization under it to assist and advise the huge organization under it to assist and advise the President and to administer and enforce the lawsPresident and to administer and enforce the laws

• Finish and review page 8 page 8 about powers and roles of president.

• Create a chart:

• Questions from homework?• Continue model congress. Committee work, complete

committee report, floor action

APS Day 17 AgendaAPS Day 17 Agenda

Power Definition Example Congressional check

Make treaties

Make executive agreements

Recognition

Commander-in-Chief

Powers of President – Part 1

Powers Constitutional Source of power

Example Congressional or Judicial Check

Administrator “Executive Authority”A2S1C1“Power to elicit advice” A2S2C1

Directed NSA to spy without warrants, created Office of Faith-based initiatives and hired a Chief of Staff to run the White House.

Laws creating departments and agencies that also define the limits of these powersImpeachment Judicial Review

Commander-in-Chief

A2S2C1 Ordered the invasion of Iraq and Afghanistan and created the Gitmo detention facility. Ordered no habeas corpus for “illegal enemy combatants”

Judicial review ended detentions without habeas corpusCongress changed law for Gitmo detentions

Convene Congress

A2S3C1 Truman called special session to address domestic issues in ‘48

No check

Powers of President – Part 1Powers Constitutional

Source of power

Example Congressional or Judicial Check

Veto A1S7C2 Bush’s first veto was a lifting of the stem-cell research ban, and last vetoed a bill banning waterboarding by the CIA

Congress can override a veto by a 2/3 vote of both houses

Appointment A2S2C2 Barack Obama has nominated his cabinet for appointment and Sonia Sotomayor to Supreme Court

Senate will need to confirm all appointments and has already approved Robert Gates as the current Sec Of Defense

Treaties A2S2C2 Bush 43 signed nuclear aid treaty with India

Senate by 2/3 must approve treaty – did not do so yet.

Pardons A2S2C1 President Bush pardoned rapper John Forte and commuted Scooter Libby’s sentence

No check

Power Definition Example Congressional check

Make treaties A2S2C2 – power to make official agreements between the US and other countries

Strategic Offensive Reductions Treaty (2003)Convention on Cybercrime (2006)

Senate needs to “Advise and Consent” by a 2/3 vote

Make executive agreements

Like treaties, but not as formal. This power is implied from the international relations powers in the Const.

2010 – series of agreements with Brazil, Kazakhstan and Estonia to share science info

Congress can pass a law to nullify an agreement

Recognition As part of diplomatic powers to “send and receive ambassadors” A2S3

US recognized the former Yugoslav countries of Montenegro and Serbia in 2006

Congress could pass a law

Commander-in-Chief

Vaguely described in Constitution – but President in the top general

Current wars in Afghanistan and Iraq

War Powers Resolution.

Part 2 Expansion of Presidential Power

1. The Constitution provides the formal powers in Article 2.

a. Appointment

b. Executive

c. Commander-in-Chief

d. Make treaties

e. Send and receive ambassadors

f. Veto

The formal powers have been expanded by precedents set by previous presidents who have used these powers in new and novel ways like using the State of the Union message to set the legislative agenda for Congress or using the formal Commander-in-Chief power to commence wars like Korea and the Persian Gulf, or direct the federal bureaucracy as he executes the laws

g. Suggest legislation

h. Call Congress to special session

i. State of the union message

j. Pardons and reprieves

k. Require reports from Department heads

l. Execute the laws

Part 2 Expansion of Presidential Power

2. Inherent powers are connected to the formal powers, but are essentially “implied” like putting troops into combat as C-in-C

use of executive orders as “Chief Executive.”

Congress approves by law changes presidents have made by action such as authorizing wiretaps by President Bush that the NSA conducted prior to PATRIOT ACT

3. Congress has given the president more power through law by creating regulatory commissions that have the power to make “laws” because it is more efficient and makes more sense to have experts make rules rather than much more easily influenced legislators who have to compromise

The President

The Executive Office of the President

White House Office

Office of Management and Budget

National Security Council

Office of Policy Development

Office of National Drug Control Policy

Office of the US Trade Rep

Council on Environmental Quality

Office of Science and Technology Policy

Office of Administration

Executive

The Congress

Senate House

Committees Committees

Congressional Budget Office

Library of Congress

General Accountability Office

Gov’t Printing Office

The Supreme Court

12 Circuit Court of Appeals

1Court of Appeals for the Federal Circuit

94 District Courts

Federal Claims Court

Court of Int’l Trade

Territorial Courts

Court of Appeals for the Armed Services

Court of Veterans Appeals

Administrative Courts

Legislative JudicialThe Executive Office of the President

Provides advice and assistance to the Man In the Oval Office

White House Office – “The West Wing” - Headed by Chief of Staff

•Answers phones, writes letters, schedules travel

•Plans political strategy, writes speeches, meets with the press

National Security Council – provides information and advice about the threats to the US, militarily, economically, criminally, environmentally

Office of Management and Budget – develops the spending and taxing plan – determining how much money is being spent and where, and how much money will be needed in the near and distant future – the budget is as much a financial document as it is a statement of policy “put your money where your mouth is”

Council on Economic Advisors, Office of Policy Development, Office of National Drug Control Policy, Office of the US Trade Rep, Council on Environmental Quality, Office of Science and Technology Policy, Office of Administration, National Critical Materials Council, National Space Council

The CongressSenate House

Committees Committees

Congressional Budget Office

Library of Congress

General Accountability Office

Gov’t Printing Office

The PresidentThe Executive Office of the President

White House Office

Office of Management and Budget

National Security Council

Office of Policy Development

Office of National Drug Control Policy

Office of the US Trade Rep

Council on Environmental Quality

Office of Science and Technology Policy

Office of Administration

The Supreme Court12 Circuit Court of Appeals

1Court of Appeals for the Federal Circuit

94 District Courts

Federal Claims Court

Court of Int’l Trade

Territorial Courts

Court of Appeals for the Armed Services

Court of Veterans Appeals

Administrative Courts

Legislative Executive Judicial

Department of State

Department of Defense

Department of Treasury

Department of Justice

Department of the

interior

Department of

Agriculture

Department of

Commerce

Department of Labor

Department of Health

and Human Services

Department of Housing and Urban

Development

Department of Transportation

Department of Energy

Department of Education

Department of Veterans

Affairs

Department of

Homeland Security

Major Independent Agencies (Note there are many more on next slide)Advisory Council on Historic Preservation (ACHP)www.achp.gov

African Development Foundationwww.adf.gov

Agency for International Development (USAID)www.info.usaid.gov

American Battle Monuments Commissionwww.abmc.gov

AMTRAKwww.amtrak.com

Appalachian Regional Commissionwww.arc.gov

Architectural and Transportation Barriers Compliance Board

www.access-board.gov

B

Ballistic Missile Defense Organizationwww.mda.mil

Bureau of Alcohol, Tobacco, & Firearmswww.atf.treas.gov

Bureau of Arms Controlwww.state.gov/www/global/arms/bureauac.html

Bureau of Engraving & Printingwww.bep.treas.gov

Bureau of Labor Statisticswww.bls.gov

Bureau of the Censuswww.census.gov

Bureau of Transportation Statisticswww.bts.gov

C

Centers for Medicare and Medicaid Servicescms.hhs.gov

Central Intelligence Agency (CIA)www.cia.gov

Chemical Safety and Hazard Investigations Board (USCSB)www.chemsafety.gov

Commodity Futures Trading Commission (CFTC)www.cftc.gov

Commission on Civil Rightswww.usccr.gov

Commodity Futures Trading Commissionwww.cftc.gov

Consumer Product Safety Commission (CPSC)www.cpsc.gov

Corporation For National Service (CNS)www.cns.gov

D

Defense Advanced Research Projects Agencywww.darpa.mil

Defense Information Systems Agencywww.disa.mil

Defense Intelligence Agencywww.dia.mil

Defense Logistics Agencywww.supply.dla.mil

Defense Nuclear Facilities Safety Boardwww.dnfsb.gov

Defense Security Service

www.dss.mil

Defense Threat Reduction Agencywww.dtra.mil

Drug Enforcement Administrationwww.usdoj.gov/dea

E

Environmental Protection Agency (EPA)www.epa.gov

Equal Employment Opportunity Commissionwww.eeoc.gov

Export-Import Bank of the U.S.www.exim.gov

F

Farm Credit Administration (FCA)www.fca.gov

Federal Accounting Standards Advisory Boardwww.fasab.gov

Federal Aviation Administrationwww.faa.gov

Federal Bureau of Investigationwww.fbi.gov

Federal Communications Commission (FCC)www.fcc.gov

Federal Deposit Insurance Corporation (FDIC)www.fdic.gov

Federal Election Commission (FEC)www.fec.gov

Federal Emergency Management Agency (FEMA)www.fema.gov

Federal Energy Regulatory Commissionwww.ferc.fed.us

Federal Highway Administrationwww.fhwa.dot.gov

Federal Housing Finance Board (FHFB)www.fhfb.gov

Federal Labor Relations Authoritywww.flra.gov

Federal Maritime Commissionwww.fmc.gov

Federal Mediation & Conciliation Servicewww.fmcs.gov

Federal Mine Safety & Health Review Commissionwww.fmshrc.gov

Federal Railroad Administrationwww.fra.dot.gov

Federal Reserve Systemwww.federalreserve.gov

Federal Retirement Thrift Investment Boardwww.frtib.gov

Federal Trade Commission (FTC)www.ftc.gov

Food & Drug Administrationwww.fda.gov

G

General Accounting Officewww.gao.gov

General Services Administration (GSA)www.gsa.gov

Ginnie Maewww.ginniemae.gov

I

Institute of Museum and Library Serviceswww.imls.gov

Inter-American Development Bankwww.iadb.org

Inter-American Foundationwww.iaf.gov

Internal Revenue Serviceswww.irs.ustreas.gov

International Bank for Reconstruction & Developmentwww.worldbank.org

International Labor Organizationwww.us.ilo.org

International Monetary Fundwww.imf.org

International Trade Commission (USITC)www.usitc.gov

L

Legal Services Corporationwww.lsc.gov

M

Medicare Payment Advisory Commissionwww.medpac.gov

Merit Systems Protection Boardwww.mspb.gov

N

National Aeronautics and Space Administration(NASA)www.nasa.gov

National Archives and Records Administration (NARA)www.nara.gov

National Bioethics Advisory Commissionwww.bioethics.gov

National Capital Planning Commissionwww.ncpc.gov

National Commission on Libraries and Information Science (NCLIS)www.nclis.gov

National Council on Disability (NCD)www.ncd.gov

National Credit Union Administrationwww.ncua.gov

National Endowment for the Artshttp://arts.endow.gov

National Endowment for the Humanitieswww.neh.gov

National Highway Traffic Safety Administrationwww.nhtsa.dot.gov

National Geospatial-Intelligence Agencywww.nga.mil

National Institute of Justicewww.ojp.usdoj.gov/nij

National Institute of Mental Healthwww.nimh.nih.gov

National Institute of Standards & Technologywww.nist.gov

National Institutes of Healthwww.nih.gov

National Labor Relations Boardwww.nlrb.gov

National Mediation Boardwww.nmb.gov

National Oceanic & Atmospheric Administrationwww.noaa.gov

National Park Servicewww.nps.gov

National Science Foundation (NSF)www.nsf.gov

National Security Agency (NSA)www.nsa.gov

National Skill Standards Boardwww.nssb.org

National Technology Transfer Center (NTTC)www.nttc.edu

National Telecommunications Information Administrationwww.ntia.doc.gov

National Transportation Safety Board

www.ntsb.gov

Neighborhood Reinvestment Corporationwww.nw.org

Nuclear Regulatory Commission (NRC)www.nrc.gov

O

Occupational Safety and Health Review Commissionwww.oshrc.gov

Office of Federal Housing Enterprise Oversightwww.ofheo.gov

Office of Government Ethicswww.usoge.gov

Office of Personnel Management (OPM)www.opm.gov

Office of Special Counselwww.osc.gov

Office of Thrift Supervisionwww.ots.treas.gov

Organization for Economic Cooperation & Developmentwww.oecdwash.org

Organization of American Stateswww.oas.org

Overseas Private Investment Corp.www.opic.gov

P

Pan American Health Organizationwww.paho.org

Patent & Trademark Officewww.uspto.gov

Peace Corpswww.peacecorps.gov

Pension Benefit Guaranty Corporation (PBGC)www.pbgc.gov

Postal Rate Commissionwww.prc.gov

R

Railroad Retirement Board (RRB)www.rrb.gov

S

Securities Exchange Commission (SEC)www.sec.gov

Securities Investor Protection Corp.www.sipc.org

Selective Service System (SSS)www.sss.gov

Small Business Administration (SBA)www.sba.gov

Smithsonian Institutionwww.si.edu

Social Security Administration (SSA)www.ssa.gov

Substance Abuse & Mental Health Services Administrationwww.samhsa.gov

Surface Transportation Boardwww.stb.dot.gov

T

Tennessee Valley Authoritywww.tva.gov

Trade and Development Agencywww.tda.gov

U

U.S. Citizenship and Immigration Serviceshttp://www.uscis.gov/portal/site/uscis

U.S. Customs Servicewww.customs.gov

U.S. Fish and Wildlife Servicewww.fws.gov

U.S. Forest Servicewww.fs.fed.us

U.S. Government Printing Officewww.gpo.gov

U.S. Institute of Peacewww.usip.org

U.S. Marshals Servicewww.usdoj.gov/marshals/

U.S. Office of Government Ethics (USOGE)www.usoge.gov

U.S. Treasury www.treas.gov

United States Holocaust Memorial Councilwww.ushmm.org

United States Postal Service (USPS)www.usps.gov

United Nations Information Centerwww.unicwash.org

V

Voice of America (VOA)www.voa.gov

W

Walter Reed Army Medical Centerwww.wramc.amedd.army.mil

White House Fellowswww.whitehousefellows.gov

White House Commission on Remembrancewww.remember.gov

Women's History Commissionwww.gsa.gov/staff/pa/whc.htm

Part 4 Leadership

1. Trustworthy

2. Strong

3. Self-esteem/confident

4. Competent

5. Integrity

6. Empathetic

7. Moral

8. Intelligence

9. Perseverance

10. Persuasive

11. Communicative

12. Telegenic

And:

Part 5 Divided Government

Divided government is when one branch of government is controlled by a different party than another branch – usually the Executive and the Legislative being different parties, like 2007.

Divided government occurs because we have two dominant parties, and elections to Congress occur every two years. Thus, members of the president’s party may lose in mid-term elections as the electorate votes their displeasure in the president’s policies (2006)

Divided government makes legislating difficult as in the mid-70s when A very left Democratic congress passed laws and over 50 times Republican Gerry Ford vetoed them.

But Divided government is the most efficient check on abuse of power or overreaching by the executive and legislative branches like when Clinton vetoed the 1996 budget of Newt Gingrich or the current Congress has voted against changing Bush’s changes to Social Security

• Model congress – Parties continue work– committee work on bills

• Hold hearings (discuss the findings and facts of the issue)

• mark up (make changes to the bill)

• committee vote and • referral to floor• Floor action

• Complete blue 31-32

Political pressure

•Lobbyists

•Constituents

•Executive branch

•Party

•Mass media

•Public opinion polls

What were the difficulties in legislating?

How did conflict between chambers affect the process?

How did the structure and process make legislating difficult?

How difficult was compromising on your personal values during the legislative process?

Did you have difficulty balancing party, personal, peer, constituent, and lobbying pressures?

Model Congress Review