The Executive Branch The President and his Bureaucracy

The Executive Branch  Narratives on page 365 raise an interesting difference of opinion.

The Executive Branch  Early debates about the structure of the Presidency:  How can we prevent both Anarchy and Monarchy?  Should there be two?  Should they have an approval council?  Should we have an “elective monarchy”?  Should we have a single, elective officeholder?

The Executive Branch  Early debates about the structure of the Presidency:  Will the Presidency become the “fetus of monarchy”?  Can a President use the militia for a coup?  Will he become a “tool of the Senate”?  Will he try to achieve a lifetime term?  Can we sustain the “George Washington Effect”?

The Executive Branch PresidentPrime Minister

The Executive Branch PresidentPrime Minister Elected by the PeopleChosen by the majority party

The Executive Branch PresidentPrime Minister Elected by the PeopleChosen by the majority party Selects his own CabinetSelects ministers from party or coalition

The Executive Branch PresidentPrime Minister Elected by the PeopleChosen by the majority party Selects his own CabinetSelects ministers from party or coalition Usually an “Outsider”Always an “Insider”

The Executive Branch PresidentPrime Minister Elected by the PeopleChosen by the majority party Selects his own CabinetSelects ministers from party or coalition Usually an “Outsider”Always an “Insider” May not have a Legislative majorityAlways has a legislative majority

The Executive Branch PresidentPrime Minister Elected by the PeopleChosen by the majority party Selects his own CabinetSelects ministers from party or coalition Usually an “Outsider”Always an “Insider” May not have a Legislative majorityAlways has a legislative majority War powers limitedWar powers broad

The Executive Branch PresidentPrime Minister Elected by the PeopleChosen by the majority party Selects his own CabinetSelects ministers from party or coalition Usually an “Outsider”Always an “Insider” May not have a Legislative majorityAlways has a legislative majority War powers limitedWar powers broad May have unified or divided governmentUsually has unified government

The Executive Branch PresidentPrime Minister Elected by the PeopleChosen by the majority party Selects his own CabinetSelects ministers from party or coalition Usually an “Outsider”Always an “Insider” May not have a Legislative majorityAlways has a legislative majority War powers limitedWar powers broad May have unified or divided governmentUsually has unified government May be subject to “gridlock”Probably can’t define “gridlock”

The Executive Branch  How about an Electoral College?  The House was expected to decide most elections.  Voters were not expected to really know much about the candidates.  “Favorite sons” were expected to localize the vote.  States would have a major role. Everyone gets at least 3 votes. Small states are over-represented.

The Executive Branch  Electoral College? (Everybody hates it.)  Should we abolish it?  Should we make it proportionate?  Could changes lead to multiple parties?

The Executive Branch  Want to see the results? 

The Executive Branch  Who can become President? (Constitutionally)  What power does he have?  Commander-in-chief & commissioning of officers  Pardons  Calls Special Sessions  Receives Ambassadors  Executes Laws  Appoint “lesser” officials

The Executive Branch  Shared Powers  Treaties  Ambassadors  Judges  “Higher” officials  Approve Legislation

The Executive Branch  Other “Powers”  The Veto The 10-day rule “Pocket” version Line-item? Override? Legislative Veto?  Executive Privilege  The Bully Pulpit

The Executive Branch  IMPEACHMENT  Indictment by the House  Trial by the Senate  Chief Justice Presiding  16 total, 7 convictions  Presidents?

The Executive Branch  SUCCESSION  Peaceful and Orderly  The “George Washington effect”  William Henry Harrison  Succession Act of 1886  Succession Act of 1947  22 nd Amendment (1951)  25 th Amendment (1967)

The Executive Branch  THE EXECUTIVE OFFICE  Office of Management & Budget  Director of National Intelligence  Council of Economic Advisers  Office of Personnel Management  Office of the U.S. Trade Representative

The Executive Branch  The Cabinet StateTreasuryDefense (War) JusticeInteriorAgriculture CommerceLaborHHS (HEW) HUDTransportationEnergy EducationVeterans AffairsHomeland Security

The Executive Branch  Is the President’s plan Comprehensive or Focused?  Is the structure of his office a Pyramid, a Circle, or Ad Hoc?  Why are most Presidents less popular at the end of their terms?  Why did Reagan and Clinton hold fairly steady?  Does character matter?

The Executive Branch  THE BUREAUCRACY  Civil Service  Kung fu-tzu  Currently decentralizing  “Government by Proxy”

The Executive Branch  THE BUREAUCRACY  Created by James Madison  Dept. of State (1789)  Only the President can fire officials  Congress must authorize agencies, appropriate money for them, can investigate their actions, and shapes the laws.  “Every appointment creates 1 ingrate and 10 enemies.” John Adams

The Executive Branch  THE BUREAUCRACY  Current level of Federal Employment  Executive Departments2,756,000  Military1,583,000  Legislative/Judicial 64,000  TOTAL4,403,000

The Executive Branch  THE BUREAUCRACY  Major Growth Spurts  Great Depression  Post-World War II  Post- 9/11 ?  Major Powers  Pay Subsidies  Grant money distribution  Regulate society and economy

The Executive Branch  THE BUREAUCRACY  Discretionary Authority  The Duplication Problem  Whistle-blower Protection Act (1989)  Various constraints:  Administrative Procedure Act  Freedom of Information Act  National Environmental Policy Act  Privacy Act  Open Meeting Law

The Executive Branch  THE BUREAUCRACY  Effects of Constraints  Everything slows down.  Actions become inconsistent.  It is easier to block action than to take action.  Employees become hesitant.  Citizens deplore the red tape.

The Executive Branch  THE BUREAUCRACY  Client Politics  Iron Triangles Agency + Committee + Interest Group  Issue Networks Insider Interest Group + Congressional Staffers + “Thinkers” + Media members

The Executive Branch  THE BUREAUCRACY  Administering Grants-in-Aid  Land Grants  Categorical Grants  Block Grants  Mandates “Unfunded” Waivers

The Executive Branch  THE BUREAUCRACY  What are the opportunities for corruption?  Can a civil servant be fired?  Why are there more liberals in social services and more conservatives in military agencies?  Why would anybody want a job with all these restrictions?  Should we outsource more of our services?  Can we reform the system effectively?