The Presidency and Federal Bureaucracy

Ch. 13

-         Chief of state – the president is the ceremonial head of the government of the United States.  He represents all the people

 

-         Chief executive – the president is vested by the constitution with the executive powers of the US.  His power is broad with domestic and foreign affairs.

 

-         chief administrator – he is the administrator of the Federal Government heading one of the largest governmental machines in the world

 

-         Chief diplomat – the main architect of the foreign policy and the nation’s chief spokesperson.

 

-         Commander in chief - the president is in charge of the armed forces.  All the people in the armed forces have to follow his orders.

 

-         Chief legislator –he is the architect of the public policies.  He sets the shape of the congressional agenda.

 

-         Chief of party – he is the acknowledged leader of the political party that controls the branch. 

 

-         Chief Citizen – he is the representative of the people.  When he speaks to the people outside the United States that is who they talk to.

 

-         Interrelated Nature of Presidential Roles – the president must be born a US president.  He must also be at least 35 years old, and lived in the United States for at least 14 years.

 

-         Formal Qualifications - the president must be born a US president.  He must also be at least 35 years old, and lived in the United States for at least 14 years.

 

-         The President’s Term – At first there was no set term limit with the president, but since Washington had served for two terms they made it two after FDR was president for four terms.

 

-         Pay and Benefits – his salary is fixed by Congress and he also receives a bonus expense account.  Each president has a lifetime pension also. 

 

-         The Constitution and Succession – If the president dies then the VP will become the president.  There is a whole long list of the followers…here are a few…VP, speaker of the House, President pro tempore of the Senate, Secretary of State, Secretary of Treasury.

 

-         Presidential Disability – the 25th amendment closes the disability gap.  It says that the VP is the acting president if the president informs the Congress that he is unable to be in power, it must be in writing, or the VP and the majority of the members believe the president is incapacitated. 

 

-         The Vice Presidency – there are two duties that he has to do.  He must preside with the Senate and to help decide the question of presidential disability.

 

-         Importance of the Office – There are debates as to why the VP really exists.  He does not do anything in the office, but this may be why there is separation of the parties.

 

-         Original Constitutional Provisions – The framers gave more time to the method for choosing the President than any other job.  Most of the delegates favor the selection by Congress, but then it would be too hard of a decision.

 

-         The Impact of the Rise of Parties – Framers wanted the Electoral College there only for the election of Washington.  This was perfect, but then things because messed up because the VP was the one who lost the presidential election.

 

-         The election of 1800 – this marked new elements for the election of the President.  One is that the party nominations for the pres and the vice pres.  The other it the nomination of the candidates for the presidential electors that pledge to vote for that person and the other this is the automatic casting of the electoral votes in line with those pledges.

 

-         The 12th Amendment – This was to make sure that it separated the presidential and vice presidential electoral votes. 

 

-         The role of Conventions – This was where the conventions were where the people decided to pick the people they want to vote for.  There are many different delegates and special things involved in the conventions

 

-         Extent of Control by Law – The final election is narrowed down to two different people, one from each party.  This will make the percentages of the people closer to who they think so win…instead of having someone win by only needing 17% of the votes.

 

-         Convention Arrangements – The committee meets about a year before the convention to set a time and place for the convention.  Where they hold it is very important because that will bring the most people to vote for that candidate. 

 

-         The Apportionment of Delegates – this is where the committees call for a convention and it announces the name and the times and all that jazz.  The Delegates are the ones who cast their votes to nominate that presidential candidate.

 

-         Selection of Delegates – there is about two campaigns every four years.  One is between the Republicans and the Democrats and the other is within each of the parties.

 

-         Presidential Primaries – this is when two things happen.  The first is the election of all or the States organizations delegates to the national convention.  The second is to express the preferences of the various contenders. 

 

-         Winner-take-all – There have been several primaries where it has been like this.  The candidate who won the preference vote automatically won the support of all the delegates chosen in the primary.

 

-         Evaluation of the Presidential Primary – No one who surveys the presidential primary system needs to e told that is complicated.  The primaries are vital though and over the years they have played a major role in nominating both parties.

 

-         Caucuses and Conventions- the party’s voters meet in a local caucus at the precinct level.  There they choose their delegates where they are chosen at the State convention.

 

-         The Convention Setting - Every national convention the party gets together in a large auditorium which has flags, bunting, and a variety of different party symbols.

 

-         The Opening session - each party’s convention generally runs four days with one, sometimes two sessions held each day. The opening session is devoted to two matters: organizing the convention and delivering rousing speeches. The national chairperson and party dignitaries make welcoming speeches.

 

-         The Second and Third Sessions - The following sessions are used mostly for deliverance of speeches by party leaders and to deliver committee reports. Usually the committee on rules and order of business reports is the first to go.

 

-         Platform - platform is supposed to be a basic stattement of the party’s principles of its stands on major policy matters. It is also a campaign statement, an attempt to appeal to as many possible and win as many votes as possible.

 

-         The Final Sessions - Occurring in the last session, nomination of the particular political party’s choice for presidential nominee occurs. The last step is balloting which continues until a nominee receives the majority of the delegate’s votes and he or she is then thus nominated.

 

-         Who Does the Party Nominate – When the President isn’t in the furl, there are maybe two or three people who survive the convention.  The one who is the jargon of politics and the most available to the people will be nominated.

 

-         The Electoral College Today - Popular vote chooses candidates through the electoral vote, which is held in every state, on the same day everywhere, on the Tuesday after the first Monday in the month of November every fourth year.

 

-         Flaws in the Electoral Collage (Major Defect) – the person who wins the popular vote will not win the election.  This is a major problem because the winner-take-all idea is the most important in the election.

 

-         The Second Major Defeat – nothing in the constitution requires the electors to vote for the candidate favored by the popular vote in their states.  Many states do have the law but they are not really enforced. 

 

-         The Third Major Defeat – There is always a chance that the election will be decided by the House of Representatives.  This could be bad because there are more people in some states than another so the smaller sates have an unfair advantage.

 

-         Proposed Reforms - these defects in the Electoral College system have long been recognized. Amendments to change the process have been introduced in every term of Congress since 1789, most of them fall under three headings: the district plan, the proportional plan, and the direct popular election

 

-         The District Plan - the district plan would get rid of the winner-take-all problem, it suggests that electors be chosen in each state as members of Congress are chosen. Two electors would be chosen from the state at-large and would cast their votes in light with the statewide popular vote result. Other electors would be chosen in each of the State’s congressional districts and their votes would be cast in accord with the popular vote result in their district

 

-         The Proportional Plan – each candidate receives the same share of the State’s electoral vote as he received the State’s popular vote.  This does not produce the same result nationally.

 

-         Direct Popular election - This is the most common and supported proposal, as well as the most obvious. It suggests getting rid of the electoral college system completely and allowing direct popular election of the president

 

-         Electorate – the mass of people who actually cast the votes in the election.  This depends on how they cast their ballots. 

 

-         The National Bonus Plan – a national pool of the electoral votes, the winner automatically gets award the votes.  The advocates see the electors as unnecessary and they want to get rid of them.

 

-         A Final Word – there are a few good things about the Electoral College system.  The reforms might have defects but are not in practice and this identifies the winner quickly and thoroughly.

-         Chapter 14

-         The Changing View of Presidential Power - The constitution deals with presidential powers in a sketchy matter. Many framers believed in having a stronger executive branch.

 

-         Why Presidential Power Has Grown - As we as a country have become more industrially and technologically centered some people have expressed desire for the government to have a larger role over public matters like transportation, health, civil rights, welfare, communications, etc

 

-         How Presidents Power Has Grown - The presidents various roles has helped his power expand. Another factor is the huge amount of staff support that the president possesses.

 

-         Media – many o the presidents have used the media to gain power in the executive branch.  FDR used his “fire side” chats so he could communicate with the people and have a better relationship.

 

-         How Presidents Have Viewed Their Power – the Presidency depends on the president’s views in his offices and powers. 

 

-         Executing the Law – the president executes enforces, administers, and carries out the provisions of the federal law.  The immigration laws require the immigrants seeking residence must be able to read some language this deals with the executive branch.

 

-         The Ordinance Power – applying the federal law to the people is a day-to-day basis and there are the people who administer the law are under the command of the president.  The constitution fails to mention the ordinance power but it was intended.

 

-         The Appointing Power - the president has the power to name most of the top- ranking officers of the Federal Government pending Senate approval. Among them are ambassadors and other diplomats, cabinet members, heads of independent agencies, all federal judges, attorneys, and marshals

 

-         Executive order – this is a directive rule that has the effect of the law.  The power to issue orders arises from the Constitution and the Acts of the Congress.

 

-         The Removal Power – this is critically important to the success of the president.  The constitution does not say who he can appoint or dismiss in this case or for the reason why he dismissed a person.

 

-         The Historical Debate - The Removal power was strongly debated in the very first session of congress in 1789. The very first congress gave the president power to remove any appointed officer with the exception of federal judges

 

-         Removal and the Supreme Court - In 1876 congress passed a law that required senate approval before the president could remove any first, second, or a third-class postmaster. The question of presidential power did not reach the Supreme Court until the year 1926

 

-         The Power to Make Treaties – the president acts through the secretary of states to negotiate international agreements.  The Senate must approve by 2/3s before it becomes in effect.

 

-         Executive Agreements – these are different pacts between the president and the heads f foreign states.  These do not require the Senates consent and most do not relate to the legislation passed by the Congress.

 

-         The Power of Recognition - When the president gets the diplomatic representatives of another sovereign state, he exercises this power. Acting for the U.S., the President acknowledges the legal existence of that country and its government. This indicates that the U.S. accepts that country as an equal in the family of nations.

 

-         The President’s Dominant Role in Military Affairs - The Constitution makes the president the commander in chief of the nation’s armed forces. Congress shares many war powers but the President’s position is as dominant as it is in the field of foreign affairs

 

-         Making Undeclared War - The president sending the armed forces into action before without congressional approval. The majority of presidents have done so and in has happened no less than 200 times

 

-         Wartime Powers – the president’s powers as commander in chief are important during times of war.  The president may also use the armed forces to keep domestic people like with the State’s militia. 

 

-         The War Powers Resolution – The president must act rapidly and effectively to the nation’s security.  People disagree that the president should have this great power in protecting the nation.

 

-         The President in the Legislative Field - Using the legislative powers the President can have a considerable influence on the actions of Congress. This makes him the nation’s chief legislator.

 

-         Power to Recommend Legislative - The Constitution gives the president the power to suggest measures to Congress that he judges necessary. When he gives the State of the Union to Congress, it is followed by a proposed budget and he also submits special messages on certain subjects. Among them are laws the President feels are necessary.

 

-         Other Legislative Powers - the President can call Congress into special session, he also has the power to adjourn Congress if the two houses can not agree on a day to adjourn. Though, this is something that has never happened

 

-         Judicial Powers - The presidential power to allow reprieves and pardons is absolute except in an impeachment case where there not allowed to be granted. The president has no power over people who break state law

 

-         Reprieve - the postponement of the execution of a sentence. The power to grant reprieves is absolute, except in conditions or impeachment

 

-         Pardon - legal forgiveness of a crime. This, likke the power to grant reprieves, is an absolute power. Pardons are usually granted after a person has been convicted in court, but in some circumstances a pardon can even be issued before a person has been formally charged

 

-         Commutation - the power to commute or reduce the lenggth of a sentence or a fine imposed by court. This is included in the pardoning power along with the power to grant conditional pardons

 

-         Amnesty - a general pardon granted to a group of law violators. This is also included in the pardoning power. In 1977, Jimmy Carter granted amnesty to people who evaded the draft during the Vietnam War.

 

-         The Executive Office of the President - All officers, employees, and agencies that belong within the executive branch are subordinate to the president by law. The EOP is an umbrella agency made up of lots of separate agencies and the employees are made up of trusted advisors and assistants

 

-         The White House Office - center of the EOP and the executive branch is the white house office. All of the presidents major personal and political staff is housed there

 

-         The National Security Council - Most actions in foreign affairs are taking with advisory measures from the national Security Council. The president meets with them on his call for advice on every domestic, foreign, and military matter that correlate with national security

 

-         The Office of Management and Budget - The only other office that is as large and as influential as this office is the EOP. They prepare an annual statement of public policies of the US expressed as currency.

 

-         Federal budget - a financial document including the detailed estimate of receipts and expenditures, an anticipation of federal income and outgo during the coming fiscal year. It is a work plan for the conduct of the government and the execution of public policy

 

-         The Office of National Drug Control Policy - a financial document including the detailed estimate of receipts and expenditures, an anticipation of federal income and outgo during the coming fiscal year. It is a work plan for the conduct of the government and the execution of public policy

 

-         The Council of Economic Advisers - the cabinet is an informal advisory body brought together by the President to serve his needs. The Constitution makes no mention of it, nor did Congress create it. Instead, the cabinet is the product of custom and usage.

 

-         Other Units in the Economic Office - the cabinet is an informal advisory body brought together by the President to serve his needs. The Constitution makes no mention of it, nor did Congress create it. Instead, the cabinet is the product of custom and usage.

 

-         The Cabinet - the cabinet is an informal advisory body brought together by the President to serve his needs. The Constitution makes no mention of it, nor did Congress create it. Instead, the cabinet is the product of custom and usage.

 

-         Choosing Cabinet Members - The president appoints the head of each of the 14 executive departments. Each of these appointments needs to be confirmed by the Senate, but rejections are exceedingly rare.  They have defined duties in the specific division of labor.

 

-         Women and Minorities in the Cabinet - it is a way of organizing people to do work.  They are found in both public and private sectors. They generally respect the choice of the President. Of the 600 appointments made since 1789, only 12 gave been turned down

 

-         The Cabinet’s Role – they are basically having two jobs.  One is being the administrative head of one of the executive departments.  The second is to be advisors to the president as a whole.

-         Chapter 15

-         What is a Bureaucracy? – It is a way of organizing people to do work.  They are found in both public and private sectors.

 

-         Bureaucrat – a person who works in an organization.  They have defined duties in the specific division of labor. 

 

-         Major Elements of the Federal Bureaucracy – it is all of the agencies and procedures the Federal Government operates through.  The Constitution barely says anything about the organization of the executive branch, but makes the chief administrator have the power to take care of the laws.

 

-         Administration – this is the government’s administrators and agencies.  Without then the policies would just be words and no one would really have arson to follow the laws.

 

-         The Name Game – the department is reserved for his agencies of the cabinet rank.  The agency is known as the governmental body.  The administration is the agencies.  Commission is the money given to the agencies.  Corporation or authority is the high ranking person.  These are all part of the Bureau.

 

-         Staff and Line – the staff agencies support the capacity which means they aid the president and administrators by giving advice and assistance in the managing.  Line agencies actually do the tasks that the organization is known for.

 

-         The Cabinet – The Congress set up the States, Treasury, and war department.  The head of the department is known as the secretary.  They all have staff and lines and now there are 14 departments in the cabinet today.

 

-         What are the Independent Agencies – They have similar to the cabinet departments.  There is no specify size of budget that will help distinguish the many department’s

-         Independent agencies – the agencies that the Congress has created outside of the Constitution.

 

-         The Independent Executive Agencies – These are things like GSA, NASA< and EPA which are larger independent executive agencies.  They are organized like the cabinet departments and are headed by a singe administrator.

 

-         The Independent Regulatory Commissions – there are ten agencies that are way eying the rich of the presidential control and direction.  They are headed by a board of commission and they are appointed by the president only by the consent of the Congress.

 

-         Quasi-legislative – this means the Congress has legislative-like powers.  The regulatory agencies have legislative like powers. 

 

-         Quasi-judicial - this means the Congress has judicial liike powers.  The regulatory agencies have judicial like powers.

 

-         The Government Corporations – these are witching the reach of the President’s direction and control.  These are set up by the Congress to carry out certain activities.

 

-         The beginnings – Washington knew that success of the governed depends on whom he appointed for office.  Jefferson filled his posts by the people who hated him. 

 

-         The Spoils System – this is where there are people brought into the government that are friends with the president.  He had his defenses which were the duties were simple, and there should be a rotation in office, the long service in office is inefficient, and the people are entitled to have the party they have replaced

 

-         Patronage – this is giving positions to friends of the person electing them.  This was around even before Jackson had done this. 

 

-         The Movement of Reform – a lot of people anted reform and so Congress created the Civil Service Commission in 1871.  They didn’t want to give people proper job s and the proper salary.  This caused someone to assassinate Garfield and then the Pendleton Act was passed.

 

-         The Pendleton Act – 1883 law said there had to be some basis for hiring people.  This set up the jobs into two categories.  The classified and unclassified.  The classified employees took no part in partisan politics and the president could decide the categories.

 

-         Civil Service Today – the point of this is to do away with the spoils system.  Now there is a goal of recruiting and keeping the best available people in the federal office. This has succeeded.

 

-         Reorganization – The Civil Service Commission was replaces by the Office of Personnel Management and the Merit Systems Protection Board.  Basically they keep track of the good people and send out who they are when a job opens.

 

-         Federal Employees and Party Act – Federal Employees are not allowed to go on strike and the political activities are limited.  This is because of the Hatch Act in 1939 saying the classified employees cannot be party activists

 

-         Pay and Benefit Issues – Equal opportunity is still a problem in the federal bureaucracy.  The minorities are still represented but they tend to be in lower positions. 

 

 

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