the presidency and the bureaucracy ap u.s. government and politics unit 6
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Formal Qualifications citizenship requirement –doctrine of jus sanguinis (parent) –doctrine of jus soli (territory) age requirement residency requirementTRANSCRIPT
The Presidencyand the Bureaucracy
AP U.S. Government and PoliticsUnit 6
“Gridlock”
• Threat of Government Shutdown (Feb 2011)
Formal Qualifications
• citizenship requirement– doctrine of jus sanguinis (parent)– doctrine of jus soli (territory)
• age requirement• residency requirement
Informal Qualifications
• white (WASP)• male• Protestant• wealthy• military experience?• executive experience?• married• tall, attractive, healthy• college-educated
President Religion President Religion President Religion
Washington Episcopalian Lincoln Deist?(often quoted Bible)
F. Roosevelt Episcopalian
J. Adams Congregational/Unitarian A. Johnson “Christian” Truman Baptist
Jefferson Unitarian Grant Presbyterian/Methodist Eisenhower Presbyterian
Madison Episcopalian Hayes “Christian” Kennedy Catholic
Monroe Episcopalian Garfield Disciples of Christ L. Johnson Disciples of
Christ
J.Q. Adams Unitarian Arthur Episcopalian Nixon Quaker
Jackson Presbyterian Cleveland Presbyterian Ford Episcopalian
Van Buren Dutch Reformed B. Harrison Presbyterian Carter Baptist
W.H. Harrison Episcopalian McKinley Methodist Reagan Presbyterian
Tyler Episcopalian T. Roosevelt Dutch Reformed G.H.W. Bush Episcopalian
Polk Methodist Taft Unitarian Clinton Baptist
Taylor Episcopalian Wilson Presbyterian G.W. Bush Episcopalian/Methodist
Fillmore Unitarian Harding Baptist Obama “Christian”/United CC
Pierce Episcopalian(after presidency)
Coolidge Congregational
Buchanan Presbyterian Hoover Quaker
Presidents and the MilitaryFormer Generals• Washington• Jackson• W.H. Harrison• Taylor• Pierce• A. Johnson• Grant• Hayes• Garfield• Arthur• B. Harrison• Eisenhower
No Military Experience• J. Adams• J.Q. Adams• Van Buren• Cleveland• Taft• Wilson• Harding• Coolidge• Hoover• F.D. Roosevelt• Clinton• Obama
Presidents and Previous OfficePresident Previous OfficeObama Senator
G. W. Bush Governor (TX)
Clinton Governor (AR)
G.H.W. Bush Vice President
Reagan Governor (CA)
Carter Governor (GA)
Nixon Vice President
Johnson Senator
Kennedy Senator
Term of Office
• Constitution established a 4-year term with potential for unlimited re-election– Washington sets precedent– FDR breaks precedent
• 22nd Amendment (1951) – 2 terms or maximum of 10 years
• debating term limits• single 6-year term?
Salary and Benefits
• $400,000/year salary• $50,000/year expense account• retirement pension• post-presidency opportunities
Salary and Benefits
• White House• Camp David• fleet of automobiles and aircraft• best medical, dental, health care• Secret Service protection• presidential library
Constitutional Rolesof the President
• chief of state – ceremonial head of the nation and symbol of American people
Constitutional Rolesof the President
• chief executive – carries out (executes) domestic and foreign policy
• powers:– enforces laws, treaties, court decisions– issues executive orders
• checks:– Congress passes laws, has “power of purse”– can be impeached and removed– Court can strike down executive orders,
Congress can deny funding
Constitutional Rolesof the President
• chief administrator – director of federal government
• powers:– appoints executive officials and can fire them– proposes budget to Congress– responsible for the health of the economy
• checks:– Senate can reject appointments– Congress must approve budget
Constitutional Rolesof the President
• chief diplomat – architect of US foreign policy
• powers:– sets overall foreign policy (doctrines)– appoints and receives ambassadors– negotiates treaties and executive agreements– grants diplomatic recognition to foreign
government
Constitutional Rolesof the President
• chief diplomat – architect of US foreign policy
• checks:– Congress appropriates funds for foreign
affairs– Senate can reject diplomatic appointments– Senate can reject treaties
Constitutional Rolesof the President
• commander-in-chief – citizen-head of the armed forces
• powers:– commands armed forces in times of war– sets military policy
• checks:– Congress declares war– Congress funds military, combat operations– War Powers Act (1973)
War Powers Act (1973)• President can take military action
whenever he/she deems it necessary• must inform Congress within 48 hours• end combat within 60 days or seek
extension (plus 30 days to withdraw)• Congress’ options:
– declare war– extend operations– recall troops– cut funding
Iraq War Resolution (2002)Reasons cited to justify use of force:
– Iraq's noncompliance with the conditions of the 1991 cease fire, including interference with weapons inspectors.
– Iraq's alleged weapons of mass destruction, and programs to develop such weapons, posed a "threat to the national security of the United States and international peace and security in the Persian Gulf region."
– Iraq's "brutal repression of its civilian population." – Iraq's "capability and willingness to use weapons of mass destruction against
other nations and its own people". – Iraq's hostility towards the United States as demonstrated by the 1993
assassination attempt of former President George H. W. Bush, and firing on coalition aircraft enforcing the no-fly zones following the 1991 Gulf War.
– Members of al-Qaeda were "known to be in Iraq." – Iraq's "continu[ing] to aid and harbor other international terrorist
organizations," including anti-United States terrorist organizations. – The efforts by the Congress and the President to fight terrorists, including the
September 11th, 2001 terrorists and those who aided or harbored them. – The authorization by the Constitution and the Congress for the President to
fight anti-United States terrorism. – Citing the Iraq Liberation Act of 1998, the resolution reiterated that it should
be the policy of the United States to remove the Saddam Hussein regime and promote a democratic replacement.
Iraq War Resolution (2002)
Authorized President Bush to use the ArmedForces of the United States "as hedetermines to be necessary andappropriate" in order to "defend the nationalsecurity of the United States against thecontinuing threat posed by Iraq; and enforceall relevant United Nations Security CouncilResolutions regarding Iraq."
House of RepresentativesSignificant “Ayes”
Significant “Nays”• Sherrod Brown (D-OH)• Dennis Kucinich (D-OH)• Ron Paul (R-TX)• Ted Strickland (D-OH)
Party Ayes Nays No Vote
Republican 215 6 2
Democrat 82 126 1
Independent 0 1 0
TOTAL 297 133 3
SenateSignificant “Ayes”• Joe Biden (D-DE)• Hillary Clinton (D-NY)• Mike DeWine (R-OH)• John Edwards (D-NC)• John Kerry (D-MA)• Joe Lieberman (D-CT)• John McCain (R-AZ)• George Voinovich (R-OH)Significant “Nays”• Ted Kennedy (D-MA)• Robert Byrd (D-WV)
Party Ayes Nays No Vote
Republican 48 1 0
Democrat 29 21 0
Independent 0 1 0
TOTAL 77 23 0
Legal Challenge
• Doe v. Bush (2003)– Resolution was challenged arguing the
Constitution does not give the President the authority to declare war
– Court dismissed the case declaring that Court can only intervene in cases of outright hostility between President and Congress, or if Congress gave the President “absolute discretion” to declare war
Constitutional Rolesof the President
• chief “legislator” – architect of US public policy
• powers:– proposes legislation– can veto legislation– can call Congress into special session
• checks:– Congress passes legislation– Congress can override a veto
Constitutional Rolesof the President
• chief “jurist” – shapes the direction of the federal courts
• powers:– appoints federal judges– issues pardons and amnesty– enforces judicial rulings
• checks:– Senate can reject or delay judicial
appointments
Non-Constitutional Rolesof the President
• chief of party – leader of party– selects party chairman– selects vice-presidential nominee– doles out political patronage
• chief citizen – unofficial leader of the American people– provides moral leadership– instills confidence in government
Growth of Presidential Power
• early presidents (through 19c) had limited view of the power of the office– let Congress provide the leadership for the
nation’s domestic policies• most 20c presidents took the initiative on
domestic and foreign policy– sought to lead Congress behind their vision
for the country
20th Century Presidents
• Theodore Roosevelt – “bully pulpit”• Woodrow Wilson – progressivism, League• FDR – New Deal, World War II• Cold War presidents• Nixon – the “Imperial Presidency”• Congress reasserted control in 1970s• Reagan – renewed leadership• “W” – War on Terror
Non-Constitutional Sourcesof Presidential Power
• one person as opposed to 535• strong personality, leadership skills• growing complexity of society, increased
expectations for federal government• Congressional delegation of authority
– broadly worded legislation– submission in economic or foreign crisis– submission following “mandate” election
Non-Constitutional Sourcesof Presidential Power
• use of the mass media to convey message• Cold War “crisis” awarded president on-
going authority to respond• post-9/11 “crisis” seems to be doing the
same
Keys to Presidential Success
• act quickly (Hundred Days)• have a few, clearly-stated goals• avoid details• place trust in White House staff and not
the Cabinet
The White House
Transportation
Secret Service
Presidential Libraries & Museums
White House Staff
Chief of StaffRahm Emanuel
White House Staff
PressSecretaryJay Carney
White House Staff
PressSecretaryRobert Gibbs
The Cabinet
Secretary of StateHillary Clinton
The Cabinet
Secretary of the TreasuryTimothy Geithner
The Cabinet
Secretary of DefenseLeon Panetta
Previously:Director, Central IntelligenceW.H. Chief of Staff (Clinton)Congressman, Budget Cmte. chair
The Cabinet
Attorney GeneralEric Holder
Powers of Persuasion
• “coattails”• popularity polls (Gallup, Rasmussen)• “honeymoon”• “first hundred days”• executive privilege
– U.S. v. Nixon (1973)
Barack Obama’s Job Approval
Current (Oct 5 2011)Approve: 41%Disapprove: 52%
Comments on the Vice Presidency
• John Adams: “…the most insignificant office ever the invention of man contrived or his imagination conceived.”
• John Nance Garner: “…not worth a pitcher of warm piss (spit).”
• Walter Mondale: “the fire hydrant of the nation.”
• Nelson Rockefeller: “standby equipment”Best of Joe Biden Best of Dan Quayle
The Vice President• Constitutional duties
– President of the Senate (can cast tie-breaking vote)
– assume office (succession) or duties (disability) of President
• “balance the ticket”• VP’s role at the President’s discretion
– increasing since World War II• stepping-stone
VP Vacancy
• VP’s office has been vacant 18 times• 25th Amendment (1967) allows President
to appoint a replacement with Congress’ approval
• Gerald Ford
Presidential Succession• presidential succession – the plan by
which a presidential vacancy is filled should the president die, resign, or be removed from office
• originally, Constitution said “powers and duties” shall be transferred to vice president
• John Tyler• 25th Amendment (1967)
Presidential Succession
• Presidential Succession Act (1947) established line of succession after VP
• Speaker of the House• President Pro Tempore of Senate• Secretary of State; Treasury; Defense• Attorney General• Cabinet positions (in order of creation)
Order of Succession• Vice President• Speaker of the House• President Pro Tempore• Secy of State• Secy of Treasury• Secy of Defense• Attorney General• Secy of Interior• Secy of Agriculture• Secy of Commerce
• Secy of Labor• Secy of Health and
Human Services• Secy of Housing and
Urban Development• Secy of Transportation• Secy of Energy• Secy of Education• Secy of Veterans
Affairs• Secy of Homeland
Security
Presidential Disability
• 25th Amendment (1967) provides guidelines for presidential disability
• VP becomes “acting president” if:– President informs Congress in writing that he
is/will be unable to discharge duties of office– VP and majority of Cabinet inform Congress
in writing that President is incapacitated• President can resume powers when either
of above informs Congress
Impeachment and Removal
• President, VP, federal judges, and other federal officials can be impeached
• impeachable offenses– treason– bribery– “high crimes and misdemeanors”
Clinton Impeachment: 10 Years Later (6:00)
Impeachment and Removal
• House of Representatives drafts article(s) of impeachment– if passed by simple majority, the official is
impeached and tried• Senate conducts the trial, acting as jury
– 2/3 Senate required to convict• if convicted, official is removed from office,
disqualified from future office, faces possible civil charges
Impeached Presidents
Was Nixon impeached?
Bush’s Approval Ratings
Trade-offs within Bureaucracies
Fairness vs. Responsiveness
Fairness:Treat each case individually, like its special
Responsive:Respond to all; treat all cases the same
IRS?
Efficiency vs. Effectiveness
Efficiency:Methods and practices that are cost-efficient and time-efficient
Effective:Methods and practices that are most successful, work the best
EPA?
Independence vs. Accountability
Independence:Give bureaucrats freedom to make some decisions
Accountability:Require bureaucrats to follow procedures; hold them accountable
OSHA?
“Iron Triangle”
Whistleblower Protection Act (1989)• allows bureaucrats to report retaliation or
harassment from boss to an outside agency• weaknesses:
– whistleblowers must offer irrefutable proof of misconduct– it does not protect employees from retaliation if they
report misconduct to their boss (only if they report to the Office of Special Counsel)
– it only protects the first person to report the problem– excludes: intelligence community, FBI, TSA, NSA
Congressional Oversight
• http://www.youtube.com/watch?v=4HmYqe6fq9E&feature=relmfu
• http://www.youtube.com/watch?v=qY8kOmipKQY
• http://www.youtube.com/watch?v=VRPPpm8FR70
The Bureaucracy
• What criticisms of the bureaucracy are evident in each of the following?– Official Pace– Newt Gingrich: FedEx vs. the Bureaucracy– Bureaucracy (cartoon)