THE PRESIDENCY - Winthrop

THE EXECUTIVE BRANCH: THE PRESIDENT AND THE BUREAUCRACY THE EXECUTIVE BRANCH: The Presidency and The Bureaucracy The Presidency Article II of the Constitution President and Vice President are elected for four-year terms by the Electoral College Originally, the second-place finisher for President was elected

Vice President This was changed by the 12th Amendment, so now the President and Vice President are elected as a ticket In 1796, John Adams, a Federalist, was elected President and Thomas Jefferson, a Democratic-Republican, was elected Vice President. After the emergence of political parties, the original procedure was most likely to lead to a P and VP of different parties, so it was changed. Electors cant vote for both a presidential and a vice presidential candidate from their own state (but, for example, the electors from South Carolina could vote for both a president and a vice president from Texas) The Presidency

There is no right under the US Constitution to vote for President The states determine how their electors are chosen, and each state has a law stating that electors are chosen by popular vote The election is winner-take-all in every state except Maine and Nebraska, which award one electoral vote to the winner of each Congressional district and two to the winner of the state as a whole (Obama got one vote from NE in 2008, Trump got one from Maine in 2016) The winner of the electoral vote is not always the winner of the popular vote Donald Trump is the 5th president in history elected although someone else had more popular votes John Quincy Adams (1824) was chosen by the House of Representatives

Rutherford B. Hayes (1876), Benjamin Harrison (1888) and George W. Bush (2000) also got more electoral votes even though their opponent got more popular votes Electoral College Whoever gets a majority of the electoral vote (now 270 out of 538) is elected. If no one gets a majority: The House of Representatives chooses the President. Each state gets one vote in the House. This has happened twice: In 1800, Thomas Jefferson and Aaron Burr tied. They were Democratic-Republican running mates but the plan for some

electors to vote for someone other than Burr so Jefferson would come in first did not work. (This is another reason the 12th Amendment changed to specify different candidates for P and VP.) In 1824, four candidates got electoral votes. No one got a majority. The House elected John Quincy Adams even though Andrew Jackson got more popular votes. The Senate chooses the Vice President. This happened in 1836. Martin Van Buren was elected President but a number of electors withheld their votes from his Vice Presidential running mate. 2000 Election If Floridas electoral votes had been thrown out by Congress in 2000, the Republican-majority House would have elected George W. Bush President. The Senate was tied 50 R-50 D with

outgoing VP Al Gore casting the tie-breaker. This could have produced a Republican President and Democratic Vice President (Joseph Lieberman). The Presidency If there is a vacancy in the presidency (death, resignation or impeachment), the Vice President becomes President Eight presidents have died in office: W.H. Harrison (1841), Zachary Taylor (1850). Warren G. Harding (1923), and Franklin D. Roosevelt (1945) died of natural causes. Abraham Lincoln (1865), James A. Garfield (1881), William McKinley (1901) and John F. Kennedy (1963) were assassinated.

One has resigned: Two have been impeached by the House but not removed from office by the Senate: Richard Nixon (1974) Andrew Johnson (1868), Bill Clinton (1999) Presidential disability was not addressed until the 25th Amendment, ratified in 1967 Formal Powers of the President

Commander in Chief of the US military Formal Powers of the President Executive officers report to him Grants reprieves and pardons in federal cases Makes treaties with advice and consent of Senate

Appoints ambassadors, judges, executive officers (with advice and consent of Senate in most cases) Temporary appointment power without Senate confirmation Sign and veto legislation Can convene a special session of Congress Grants commissions to federal officers Statutory authority to write and submit the federal budget The Presidency Must give Congress information on the State of the Union, traditionally only a written message

but now a formal, annual speech Subject to impeachment for high crimes and misdemeanors 22nd Amendment (ratified 1951): No one may be elected president more than twice, and no one who has served more than two years of someone elses term may be elected more than once. Lyndon B. Johnson served 14 months of Kennedys term. He could then have been elected to two full terms. Gerald R. Ford served 29 months of Nixons term. He could then have been elected to one full term. Term limit loophole

There is no term limit on the Vice President. A two-term former president (living examples are Bill Clinton, George W. Bush, and Barack Obama) could become VP and then serve out someone elses term as President if a vacancy occurred. Hillary Clinton ruled out the possibility of Bill Clinton serving as her VP by saying they were advised that it is unconstitutional since hes already been elected President twice. That advice is wrong. There is no controversy about this. The Wikipedia article on the 22nd Amendment is inaccurate. Executive orders (Welch pp. 258-259)

https:// www.whitehouse. gov/the-press-offi ce/2017/01/27/ex ecutive-order-prot ecting-nation-forei Signing statements Welch, p. 262 All presidents have issued signing statements, but GW Bush issued more than all of his predecessors combined: Reagan: 71 Clinton: 105 GW Bush: 1200 Obama: 42 Provisions of the Act, including sections 841, 846, 1079, and 1222, purport to impose requirements that could inhibit the Presidents ability to carry out his constitutional obligations to take care that the laws be faithfully executed, to protect

national security, to supervise the executive branch, and to execute his authority as Commander in Chief. The executive branch shall construe such provisions in a manner consistent with the constitutional authority of the President. George W. Bush, Feb. 4, 2008 25th Amendment Enacted 1967, after JFK assassination left Vice Presidency vacant for over a year Until then, there was no provision for replacing the VP in the middle of a term if he became president or left office Federal law provides that the line of succession after the VP is the Speaker of the House, the President pro tempore of the Senate, and then the cabinet officers in order of the creation of their departments At the time of the JFK assassination:

Lyndon B. Johnson had had two major heart attacks The Speaker of the House was 71 The President pro tempore of the Senate was 86 25th Amendment If VP is vacant, President nominates a new VP who must be confirmed by both houses of Congress Spiro Agnew resigned as VP 1973, Nixon appointed Gerald Ford Nixon resigned as President 1974, Ford became President and appointed Nelson Rockefeller as VP Ford is the only president who was never elected either president or vice president Ford and Rockefeller are the only unelected Vice Presidents

25th Amendment Presidential disability In the event that the president is temporarily unable to perform his office, he gives notice and the Vice President becomes Acting President until the president is able to resume his duties (used when the president undergoes surgery requiring general anesthesia) The VP and Cabinet may also vote to find the President unable to perform his duties, and the VP then becomes Acting President Power of the Presidency

The President has less formal power than Congress, reflecting the Founders (particularly Jeffersons) fear of tyranny 19th Century Presidents were generally weak, with the exception of Lincoln Theodore Roosevelt and Franklin D. Roosevelt both expanded the power of the presidency FDR is seen as the first modern president Emergence of mass communication helped him become seen as a unifying national leader New Deal greatly expanded size and scope of government and made the president more powerful

Veto power President can only sign or veto whole bills, not parts of them 43 US Governors have line item veto power, allowing them to sign part of a bill into law while vetoing a different part of it A law giving the president line item veto power was enacted in 1996 but struck down as unconstitutional Pocket veto: If the president takes no action on a bill (doesnt sign or veto), it becomes law after

10 days unless Congress adjourns in the meantime, in which case the bill dies Vice President The VP was usually chosen as a running mate for political reasons (appeal to a particular section of the country, state or voting bloc) Not traditionally an important policy advisor or included in important decisions (Truman didnt know about the atomic bomb until he became president) Eisenhower expanded Nixons authority as VP

Carter expanded Mondales authority Dick Cheney is generally considered most powerful VP in history Characteristics of national candidates All Presidents have been white men except Obama All Presidents have been Protestant except Kennedy, who was Catholic (OBAMA IS NOT A MOSLEM). All major-party nominees for President

have been male except Hillary Clinton All major-party nominees for Vice President have been male except Geraldine Ferraro (D 1984) and Sarah Palin (R 2008) Informal powers Symbolic role as head of state, leader of nation Political role as party head Richard Neustadt: The Presidents most important power is the power to persuade, to get people to do things they wouldnt otherwise do Political favors such as fundraising help, deal-making, building public pressure on the lawmaker to support the presidents policies The President has to maintain support among his political base while reaching out to the center and to his opponents Obamas power to persuade was limited by the very strong

negative feelings about him held by his political opponents; the same is proving to be true for Trump The Affordable Care Act was controversial largely because it was highly complex, difficult to understand, and imposed a new requirement on people (buy health insurance or pay a fine) Political psychology Explaining political behavior through the use of psychological techniques (how ones brain works affects the way he does his job as President) James David Barber, The Presidential Character

Character is made up of world view and style. Style is the presidents way of performing his political roles, and world view is his beliefs and view of human nature. These combine to produce character, the way the president orients himself toward life. The Presidential Character Style may be active or passive World view may be positive or negative This produces four possible combinations Active-positive Active-negative Passive-positive Passive-negative

The Presidential Character Active-positive: There is a congruence, a consistency, between being very active and the enjoyment of it, indicating relatively high self-esteem and relative success in relating to the environment orientation toward productiveness as a value. Examples: Jefferson, FDR, JFK, Truman, Ford Active-positives have generally been among the most successful presidents. The Presidential Character

Active-negative: relatively intense effort and relatively low emotional reward for that effortactivity has a compulsive qualityambitious, striving upward and seeking powerLife is a hard struggle to achieve and hold power. Examples: Lyndon Johnson, Nixon. Active-negatives tend to get in trouble as President (Johnson in Vietnam, Nixon with Watergate) The Presidential Character Passive-positive: receptive, compliant, other-directed character whose life is a

search for affection as a reward for being agreeable and cooperative rather than personally assertive...contradiction between low self-esteem and superficial optimism. Examples: Madison, Reagan The Presidential Character Passive-negative Why is someone who does little in politics and enjoys it less there at all?...character-rooted orientation toward doing dutiful servicePassivenegative types are in politics because they think they ought to be. Examples: Washington and Eisenhower, both successful Generals who became President out of a sense that their

country needed them to serve, not sharply defined politically The Federal Bureaucracy (Welch, p. 268) 15 Cabinet Departments Independent agencies, boards, and commissions Executive Office of the President

Example: Environmental Protection Agency Headed by the White House Chief of Staff Coordinates policy among departments and advises the president 2.1 million civilian employees outside DOD 773,000 civilian employees at Dept. of Defense Biggest employers: Veterans Affairs, Homeland Security, Health and Human Services, Dept. of Education, Social Security Administration The President appoints about 3000 people at the upper levels of agencies; the rest are career civil servants The Federal Bureaucracy

Congress passes a law and the executive branch implements it (carries it out): enforces the law, administers programs, makes rules and regulations, etc. Traditionally, there was more power in the Cabinet Departments than in the White House staff, but modern presidents have chosen to concentrate more power in the White House Closer contact with the President Not subject to Senate confirmation and Congressional oversight Civil Service

Nonpartisan, professional government employees hired on basis of expertise Hatch Act prohibits them from most political activity They are insulated from political pressure but are very difficult to fire for cause as a result Policy implementation: Congress enacts a program (such as Pell Grants) and the Dept. of Education puts it into effect, decides how to carry it out Max Weber (VAY-bur)

German sociologist conducted a study of the German military and developed a theory of the characteristics of bureaucracy: Hierarchy: A chain of command from top to bottom. Those at the top supervise those below them, and those at the bottom report to those at the top. Division of labor: The bureaucracys workload is divided up according to subject matter, not just assigned randomly. Specialization: Different parts of the bureaucracy develop expertise in different parts of the subject matter.

Organizational chart of the US Department of Education http:// www2.ed.gov/about/offices/or/index.html Organizational chart of the Office of Federal Student Aid: http:// www2.ed.gov/about/reports/annual/2013r eport/fsa-report.pdf Organizational chart of the National

Center for Education Statistics: http://nces.ed.gov/about/ Webers characteristics of bureaucracy Span of control: Each unit of the bureaucracy is responsible for making policy in its own area. It doesnt venture outside its area and no other unit interferes in its control of its own area. Rules and regulations: The bureaucracy develops rules and regulations for how it functions, it doesnt just operate at random; this lends itself to impartiality and predictability. Goal orientation: The organization is set up in a

way that best allows it to carry out its mission. Webers characteristics of bureaucracy Impartiality and predictability: The bureaucracy treats like cases alike. It doesnt play favorites. If Case A and Case B are identical, the way Case A is handled predicts how Case B is handled. Pell Grant eligibility is determined by a given formula, including factors such as your familys ability to pay and the cost of the institution you want to attend. You and a student whose circumstances are identical to yours will receive the same amount of financial aid. https:// ifap.ed.gov/sfahandbooks/attachments/0304Vol3Ch2 .pdf

Problems with US bureaucracy Unclear division of labor: many different agencies have overlapping jurisdictions and responsibilities for parts of the same problem, and they dont communicate with each other. The five Federal agencies that share the primary responsibility for protecting wetlands include the Department of Defense, U.S. Army Corps of Engineers (Corps); the U.S. Environmental Protection Agency (EPA); the Department of the Interior, U.S. Fish and Wildlife Service (FWS); the Department of Commerce, National Oceanic and Atmospheric Administration (NOAA); and the Department of Agriculture, Natural Resources Conservation Service (NRCS) (formerly the

Soil Conservation Service). Overlapping responsibilities Each of these agencies has a different mission that is reflected in the implementation of the agency's authority for wetland protection. The Corps' duties are related to navigation and water supply. The EPA's authorities are related to protecting wetlands primarily for their contributions to the chemical, physical, and biological integrity of the Nation's waters. The FWS's authorities are related to managing fish and wildlifegame species and threatened and endangered species. Wetland authority of NOAA lies in its charge to manage the Nation's coastal resources. The NRCS focuses on wetlands affected by agricultural activities. US Geological Survey Website at usgs.gov. Problems with bureaucracy

Conflicting goals and responsibilities within the same agency: Dept. of Homeland Security was created to improve communication and coordinate policy after 9/11, but now its too big to operate efficiently or effectively because it has many different responsibilities: http://www.dhs.gov/department-components Unclear chain of command Iron triangles (Welch, p. 385): Relationship among bureaucracies, interest groups, and Congressional committees to make policy outside public scrutiny

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