The Presidency and BureaucracyChapters 8 and 9

American Government: Roots and Reform

O’Connor, et. al

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PresidencyPresidency• Article IIArticle II• 4 year term, 35 yrs old, 14 yr 4 year term, 35 yrs old, 14 yr

resident and US natural-born citizenresident and US natural-born citizen• XXII (22) Amendment, max 2 terms in XXII (22) Amendment, max 2 terms in

office, or 10 years, reaction to FDRoffice, or 10 years, reaction to FDR• XII (12) changed the election process XII (12) changed the election process

of the president (electoral)of the president (electoral)• XXV (25) disability and succession of XXV (25) disability and succession of

president president 2

Formal Powers of PresidentFormal Powers of President• **Commander in ChiefCommander in Chief• **Commission Officers (of military)Commission Officers (of military)• Grant pardonsGrant pardons• State of the Union, Convene CongressState of the Union, Convene Congress• **Receive ambassadors, or other public Receive ambassadors, or other public

MinistersMinisters• Wield Wield ““executive powerexecutive power””• ““Take CareTake Care”” that Laws be faithfully executed that Laws be faithfully executed• Appoint officials (ambassadors, public Appoint officials (ambassadors, public

ministers, SC Justices, and all other officers)ministers, SC Justices, and all other officers)• Veto and approve legislationVeto and approve legislation• **Make treatiesMake treaties• **denotes foreign powersdenotes foreign powers3

Informal Powers of the Informal Powers of the PresidentPresident

• Morale builderMorale builder• Party leaderParty leader• Legislative leaderLegislative leader• Coalition leaderCoalition leader• Crisis managerCrisis manager• Personnel recruiterPersonnel recruiter• ““Leader of the Free WorldLeader of the Free World””• Persuader Persuader ““bully pulpitbully pulpit”” (Teddy (Teddy

Roosevelt)Roosevelt)4

War Powers Resolution of War Powers Resolution of 19731973

• Reaction to Vietnam Conflict (See p. 277)Reaction to Vietnam Conflict (See p. 277)• Congressional act sent to Nixon, he vetoed it, Congressional act sent to Nixon, he vetoed it,

sent back to Congress, overrode veto with 2/3 sent back to Congress, overrode veto with 2/3 vote vote

• Presidents since Nixon have violated and have Presidents since Nixon have violated and have not been punished not been punished

• President can commit US forces to action only President can commit US forces to action only – After a declaration of war by CongressAfter a declaration of war by Congress– In national emergency created by an attack on the In national emergency created by an attack on the

U.S. of it forcesU.S. of it forces– President must report his action to Congress within President must report his action to Congress within

48 hours and withdrawn troops within 60 days48 hours and withdrawn troops within 60 days– Congress, with a concurrent resolution, can remove Congress, with a concurrent resolution, can remove

troops after 90 days without a veto by Presidenttroops after 90 days without a veto by President• War Powers Resolution5

Line-item vetoLine-item veto• Most state governors have this powerMost state governors have this power• Line Item Veto Act 1996Line Item Veto Act 1996• Intent was to give President more Intent was to give President more

power over the budget power over the budget • Clinton et al. v. City of New

York et al. (1998) decision 6-3; (1998) decision 6-3; unconstitutional unconstitutional

• p. 277p. 277

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impoundmentimpoundment• Refusal of the president to spend Refusal of the president to spend

$ appropriated by Congress for a $ appropriated by Congress for a specific programspecific program

• Temporary delay tactic to control Temporary delay tactic to control spending spending

• Budget and Impoundment Control Act (1974) reduced the President reduced the President’’s s impoundment powersimpoundment powers

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Executive Privilege• Confidential communication between

between the president and his advisors does not have to be disclosed.

• This was justified because the president needs to be able to get candid advice, and the separation of powers implies that no one needs to know.

• United States vs. Nixon (1974) Supreme Court ruled that the president does not have absolute unqualified executive privilege.

• p. 2708

Executive Orders• An executive order in the United States is a

directive issued by the President, the head of the executive branch of the federal government.

• U.S. Presidents have issued executive orders since 1789. Although there is no Constitutional provision or statute that explicitly permits executive orders, there is a vague grant of "executive power" given in Article II, Section 1 of the Constitution and the statement "take Care that the Laws be faithfully executed" in Article II, Section 3.

• Most executive orders are orders issued by the President to US executive officers to help direct their operation, the result of failing to comply being removal from office.

• FDR, Truman, L.B. Johnson, Obama• (See pp.292-293, p. 316)

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Executive agreements• Formal international agreements entered

into by the president with another head of state that do not require the consent of the Senate

• A way of getting around the Constitutional “advice and consent” of the Senate

• Nonbinding for subsequent presidential administrations

• p. 274

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Legislative vetoLegislative veto• Congress invalidates Executive Branch Congress invalidates Executive Branch

acts/policiesacts/policies• Rejection of a presidential or Rejection of a presidential or

administrative agency action by a vote administrative agency action by a vote of one of both houses of Congress of one of both houses of Congress without the consent of the president without the consent of the president

• Immigration and Naturalization Service (INS) v. Chadha (1983) (1983) Supreme Court held that Supreme Court held that legislative veto is unconstitutional; legislative veto is unconstitutional; question over the separation of powersquestion over the separation of powers

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Terms to Know!• 22nd Amendment• 25th Amendment• U.S. v. Nixon• Pardon• Line-item veto• OMB• Inherent powers• Impeachment• Executive agreements• EOP• Executive order• Executive privilege

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Roots of the Federal Bureaucracy

LO 9.1: Trace the growth and development of the federal bureaucracy.

• The Civil War and the growth of governmentDepartment of Agriculture (1862)Pension Office (1866)

• From spoils system to merit systemPendleton Act of 1883Civil service system

To Learning Objectives

Bureaucrats = Civil Servants

• A bureaucrat, or a civil servant, is someone who works for government at any level. When we refer to the “federal bureaucracy,” we mean either the structure OR the federal employees (not state and non local government workers).

• Some are appointed by the President, however most are career-level employees.

• These are NON-elected public officials.• More than 2.7 million federal employees• p. 298, 300

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Figure 9.1: Where do federal employees work?

BackTo Learning Objectives

Regulating Commerce• Interstate Commerce Commission

(1887)• Independent regulatory

commission• Theodore Roosevelt• Growth• Department of Commerce and Labor

• Woodrow Wilson• Divided Department of Commerce and

Labor• Federal Trade Commission

LO 9.1

To Learning Objectives

Events that led to the growth of government

• World War I • The Great Depression• World War II• The Great Society

Equal Employment Opportunity Commission (EEOC) (1965)

Civil Rights Act (1964) Housing and Urban Development (1964) Transportation (1965)

LO 9.1

The World Wars and the Growth of Government

To Learning Objectives

• Hatch Act of 1939 Prohibits civil servants from taking activist

roles in partisan campaigns – federal employees cannot make political contributions, work for a particular party, or campaign for a particular candidate

• Federal Employees Political Activities Act of 1993 Liberalizes Hatch Act – federal employees

can run for office in nonpartisan elections and contribute money to campaigns in partisan elections

Government Workers and Political Involvement

LO 9.2

To Learning Objectives

Table 9.1: What does the Federal Employees Political Activities Act of

1993 stipulate?

BackTo Learning Objectives

The Executive Branch• More than the President…• WHO• EOP• Cabinet• Independent agencies and

Regulatory Commissions• Refer to supplemental handouts for

the next few slides20

White House Office (WHO) • The “West Wing” staff (approx. 500 people)• President’s closest advisors• Staffers do NOT have to be confirmed by Senate• Chief of staff• Domestic advisors• Legislative liaison• Press Secretary• Various styles: Pyramid structure, Circular

Structure, and Ad hoc Structure (See “Fast Track” notes)

• This is the president’s leadership style

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Executive Office of the President

(EOP)• Agencies that report directly to the president.• Heads must approved by the Senate.• Office of Management & Budget (OMB) is the

most powerful agency (assembles of the budget)

• Central Intelligence Agency (CIA)• Council of Economic Advisors (CEA)• Office of Personnel Management (OPM)• National Security Council (NSC)• Office of U.S. Trade Representative• p. 285-286

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“Bureaucratic Agencies”

1.Cabinet departments2.Government corporations3.Independent executive

agencies4.Independent regulatory

commissions

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CABINET15 Executive Departments

Large, broad area administrative units, responsible for a national interest function

State, Defense, Treasury, Justice, Labor, etc. (see handout)

Composed of Secretaries of the Executive Branch and the Attorney General (Justice Dept.)• Tenure of Office Act• Cabinet Secretaries confirmed by Senate• Can be fired by President

Each department has subdivided bureaus, divisions, sections, or smaller units (i.e. Transportation Security Administration, or TSA, is part of Dept. of Homeland Security)

p. 27224

OMB• Created in 1921 by the Budget Accounting

Act. Set up to aid the president in drawing up the annual budget.

• Decides which agencies will get money each year.

• Budgeting is the way the President controls the bureaucracy. He decides which agencies will get the most money.

• Currently, defense receives the most money from the budget.

• See p. 29225

Independent agencies and commissions

The president appoints members of agencies that have quasi-independent status

Heads of independent agencies (Federal Reserve Board, Consumer Product Safety Commission) serve for a fixed term and can be removed only for cause

Executive agencies (Postal Service and all cabinet departments) have heads that can be removed at any time

p. 307-309

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Independent Executive Agencies

• Governmental units that closely resemble a Cabinet department but have narrower areas of responsibility, and perform services rather than regulatory services

• CIA• NASA• EPA• p. 307-308

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Government Corporations• Businesses established by Congress

to perform functions that could be provided by private businesses.

• TVA• FDIC• AMTRAK• U.S. Postal Service• p. 309

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Which agency provides electricity to millions of Americans at reduced rates?

A.Environmental Protection AgencyB.National Association of Electricians

AgencyC.Teamsters UnionD.Tennessee Valley AuthorityE.Securities and Exchange

Commission

LO 9.2

To Learning Objectives

Independent Regulatory Commissions

• Agencies created by Congress to exist outside the major the departments to regulate a specific economic activity or interest; created for continuity of economic policies; Congress and the courts have neither time nor expertise to regulate

• 1935 SCOTUS ruled these agencies protected from political pressures (can not fire members)

• Presidential appointments – confirmed by Senate – are for staggered term of years (7 to 14 years) to create bipartisan members; odd number members on each board (5 to 7 members) to prevent a tie.

• National Labor Relations Board (NLRB)• Federal Reserve Board, FCC, SEC, FEC • OSHA (Occupational Safety and Health

Administration)• p. 308-309

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• Max Weber and model bureaucracies– Chain of command, division of specialized

labor, clear authority lines, goal orientation, treatment based upon merit, evaluation according to established rules

• Iron triangles• Issue networks• Interagency councils• Making policy

– Administration discretion– Rule making– The Federal Register (executive orders)– Administrative adjudication

How the Bureaucracy WorksLO 9.3: Determine how the bureaucracy makes policy.

To Learning Objectives

Figure 9.4: What is an iron triangle?

BackTo Learning Objectives

A.Tools of bureaucratic agencies with which they “round up” support for their initiatives

B.Tools of Congress used to “round up” support for their initiatives

C.The relationship structure among bureaucratic agencies, interest groups, and congressional committees

D.Places in the bureaucratic hierarchy that keep employees in lower level positions

E.Overwhelmingly unconstitutional bureaucratic tools

LO 9.3

What are iron triangles?

To Learning Objectives

Figure 9.5: How is a regulation made?

BackTo Learning Objectives

Table 9.2: How are agencies made accountable?

BackTo Learning Objectives

Terms to Know!• Patronage• Pendleton Act• Spoils system• Merit system• Issue networks• Iron triangles• Hatch Act• Federal Employees Political Act of 1993• *Examples of Presidential, Congressional

and Judicial oversight (See Table 9.2 on p. 315)

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