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Chapter 7 Congress 1 Roots of the Legislative Branch of Government Modern Day Congress 113quot Congress begins January 3quot of every odd year for 2 sessions 1 session 1 year Called quotFirst Branch of Government by James Madison Allegheny County 3 districts West Allegheny in 18quot district Representative Tim Murphy Senators Robert Casey Pat Toomey represent PA at large Article 1 of the Constitution describes the structure of the legislative branch Great Compromise resulted in upper house and lower house Senate House of Reps Bicameral legislature a legislature divided into two houses the US Congress and the state legislatures are bicameral except Nebraska which is unicameral Modeled after British Parliament Upper chamber House of Lords appointed by monarch Lower chamber House of Commoners appointed by commoners House Requirements Above 25 US citizens for gt7 years Residents of the state in which they are elected Senate Requirements Above 30 US citizens for gt9 years Residents of state Robert Kennedy and Hillary Clinton moved to NY to run for Senate 17 Amendment direct election of senators by voters 13 of senators every 2 years House of Representatives is based off Census Originally House number was fixated at 65 1 member per 30000 people 1910 435 members 1950 437 1960now 435 1 member per 693000 people Apportionment the process of allotting congressional seats to each state following the decennial census according to their proportion of the population Reapportionment reallocation of number of representatives each state has in the House Influences number of seats a state has in the house and electoral votes Redistricting the redrawing of congressional districts to reflect increases or decreases in seats allotted to the states as well as population shifts within a state Constitution gives Congress the right to make laws QM proposed law Cannot become a law without the consent of both houses Gerrymander drawing of Congressional districts for personal political gain Packing and Cracking allows state legislatures to Enhance their own party39s strength while minimizing opposition party strength Protects incumbents while discouraging challengers Increases or decreases minority representation Punish political foes while rewarding supporters Powers shared by both houses Declare war Raise an army Coin money Regulate commerce Establish federal courts and theirjurisdiction Establish rules of immigration and naturalization Make laws necessary and proper although federal and judicial powers have influence over laws HouseOnly Powers Charge president VP or other civil officers with treason bribery or misdemeanor initiate impeachment Impeachment the power delegated to the House of Representatives in the Constitution to charge the president VP or other civil officers including federal judges with treason bribery or other high crimes and misdemeanors This is the first step in the constitutional process of removing govt officials from office SenateOnly Powers Conduct trials of impeachment Approve presidential meetings Approve presidential treaties by 23 vote Treaty of Versailles Woodrow Wilson overestimated his support in the Senate 2 How Congress is Organized At the beginning of each new Congress new leaders and rules are picked READ PAGE 239 The Role of Political Parties in Organizing Congress Majority party the political party in each house of Congress with the most members Control committees Minority party the political party in each house of Congress with the second most members Party caucus referred to by House Democrats Party conference referred to by House Republicans and Senators of both parties During these sessions party officers are elected review committee assignments discuss party policy impose party discipline set party themes coordinate media Steering Committee D and Committee on Committees R make committee assignments The House of Representatives First Congress 1789 House was 3x bigger than Senate House Organized tightly Structured elaborately Stricter rules Loyalty to party affiliation Speaker of the House majority and minority leaders and RampD House whips run Congress Speaker of the House Speaker of the House only officer in the House of Representatives specifically mentioned in the Constitution elected at the beginning of each new Congress by the entire House traditionally a member of the majority party Chamber39s most powerful position Modeled after Speaker in British Parliament The one who spoke to the king and conveyed wishes of House of Commons to monarch Elected at the beginning of each new Congress Speaker and committee chairs are members of majority party Second in line of the presidential succession after VP Henry Clay first powerful speaker of the house 1810 Speaker for 6 terms After him revolving door ceased Joe Cannon speaker 1903 institutional and personal rule heightened Negative Reaction revolt in 1910 leading to less formal powers of the speaker until 1995 Newt Gingrich 1995 first Republican speaker in 40 years Brought back formal powers Exercised great control over the House and agenda Negative symbol outside of DC Resigned in 1998 J Dennis Hastert 1998 cautious and low profile passive Failed to act on information of sexual scandal within House Nancy Pelosi 2007 first female Speaker considered too liberal Other House Leaders Next most powerful people are majorityeader and minority leader Party caucus or conference formal gathering of all party members Majority leader elected leader of the party controlling the most seats in the House of the Senate second in authority to the Speaker of the House and most powerful Senate member Minority leader elected leader of the party with the second highest number of elected representatives in the House of Representatives or the Senate Lhip key member who keeps close contact with all members of his or her party and takes nose counts on key votes prepares summaries of bills and in general acts as communications link within a party In British Parliament the quotwhipper in was the rider who kept hounds together Tries to whip fellow party members in line on partisan issues Tom DeLay Republican Whip who discouraged House members from impeaching Clinton The Senate Presiding officer of the Senate is VP of the United States Only votes in case of a tie President pro tempore official chair of the Senate usually the most senior member of the majority party Honorific office that generally goes to the most senior senator of the majority party Stays in office until majority party shifts True leader of the Senate is the majority leader but not as powerful as Speaker of the House Huge powers to individual senators 1 senator can bring work on the floor to a hurt unless 35 of senators vote to cut them off Until 1960s unwritten rules governed the Senate The Committee System quotCongress in session is Congress on exhibition whilst Congress in its committee rooms is Congress at work Woodrow Wilson 1885 Standing committees are the first and last places to which most bills go More and more committees were created resulting in duplication of duties and jurisdictional battles TYPES OF COMMITTEES 1 Standing committees Committee to which proposed bills are referred continues from one Congress to the next a Can kill bills amend them considerably or hurry them through process 2 Joint committee Committee that includes members from both houses of Congress to conduct investigations or special studies 3 Conference committee Special joint committee created to iron out differences between Senate and House versions of a specific piece of legislation 4 Select or special committee Temporary committee appointed for a specific purpose such as conducting a special investigation or study 111quot Congress House had 19 standing committees with about 31 members each Consider issues roughly parallel to those of the departments represented in the president39s Cabinet Committee on Rules only in the House Directly appointed by the Speaker This committee reviews most bills after they come from a committee and before they go to the full chamber for consideration Gives each bill a rule which contains the date the bill will come up for debate Senate had 17 standing committees in smaller groups About 70 subcommittees allowing all majority party senators to chair at least 1 Serve on many committees and subcommittees More open to individual many legislation is rewritten on the floor Discharge petition petition that gives a majority of the House of Representatives the authority to bring an issue to the floor in the face of committee inaction COMMITTEE MEMBERSHIP quotCommittee assignments are to members what stocks are to investors they seek to acquire those that will add to the value of their portfolios Pojrk legislation that allows representatives to bring home the bacon to their districts in the form of public works programs military bases or other programs designed to benefit their districts directly Earmark funds in appropriations bill that provide dollars for particular purposes within a state or congressional district Legisators who bring jobs and new public works programs back to their districts are hard to defeat when up for reelection but they attract public criticism at the federal government and Congress Some committees such as Energy and Commerce facilitate reelection by giving House members influence over decisions that affect large campaign contributors COMMITTEE CHAIRS Power select all subcommittee chairs call meetings and recommend majority members to sit on conference committees Sometimes kill a bill by refusing to schedule hearings on it Have a committee staff including lobbyists Committee chairs in the House are no longer selected by seniority Now interviewed by party leaders Seniority time of continuous service on a committee Ways and Means Committee Taxes Appropriations Committee Spending Committees are proportioned in ration to House membership 3 The Members of Congress When Washington DC was a miserable town Congress members used to view Congress as a stepping stone to other political positions back home Members must appease party leaders colleagues and lobbyists in Washington DC and voters at home 40 trips back and forth from DC to home per year Running For and Staying In Office 535 people in Congress 5 nonvoting delegates Incumbency the fact that being in office helps a person stay in office because of a variety of benefits that go with the position 96 win reelection Party affiliation is essential independents rarely win large elections Advantages name recognition access to free media fund raising district drawn to favor Congressional Demographics Better educatedProtestant richer more male more white than the general population College graduates 97 Senators 399 representatives Advanced degrees over 23 of each body Wealth 250 members of Congress are millionaires Age Senators 62 House 56 Gender Senate 17 women House 74 women African Americans Senate 0 House 39 Hispanics Senate 3 House 24 Asian Senate 2 House 5 American Indian 1 Jews Senate 13 House 32 Theories of Representation Theory 1 A representative should be a trustee Edmund Burke British political philosopher parliament member Believed it was his duty to represent the entire nation Trustee role played by elected representatives who listen to constituents opinions and then use their best judgment to make final decisions Theory 2 A representative should be a delegate Delegate role played by elected representatives who vote the way their constituents would want them to regardless of their own opinions Theory 3 A representative should be both a trustee and delegate J role played by elected representatives who act as trustees or as delegates depending on the issue It is found that representatives will vote as delegates about major issues affecting their voters but use their own judgment and vote as trustees on smaller issues 4 How Members Make Decisions Pany Whips in each party reinforce the need for party cohesion Most voters vote within their party Under the presidency of George W Bush republicans in the House were kept in line by threats of poor committee assignments or loss of committee chairs 2006 Democrats took control of the House in the 106th Congress Divided government the political condition in which different political parties control the White House and Congress Constituents Constituents vote in conformity with prevailing opinions in their district 23 of the time In turn Congress attempts to reflect this in their votes If Southern representatives in the 1960s had voted in favor of civil rights legislation they would not have been reelected Colleagues and Caucuses When members must vote on bills about which they know very little they often turn for advice to colleagues who have served on the committee that handled the legislation Logrolling vote trading voting to support a colleague39s bill in return for a promise of future support Interest Groups Lobbyists and Political Action Committees Lobbyist s main goal is to provide information to supportive or potentially supportive legislators committees and their staffs 5000 PACs Staff and Support Agencies House members average of 17 staff members Senate average of 40 Lobbyists are just as likely to contact staffers as actual Congress members In many recent House lobbying scandals it was staffers to faced criminal investigation or prosecution for influence buying Additional support Congressional Research Service at the Library of Congress Government Accountability Office and the Congressional Budget Office 5 The LawMaking Function of Congress Proposals for legislation come from the president executive agencies committee staffs interest groups and private individuals Only members of Congress can formally submit a bill for congressional consideration Fewer than 5 of the 10000 bills introduced are made into law Framers intended Congress to be a system of multiple vetoes A member who sponsors a bill must get through every obstacle Successful opposition means winning at only one of many stages House subcommittee Full House committee House Committee on Rules The House The Senate Subcommittee The full Senate committee The Senate Floor leaders in both Houses The House Senate conference committee President How a Bill Becomes A Law The Textbook Version Approval by one or more standing committees and both chambers If House and Senate versions differ each house must accept a conference report resolving those differences Process Part 1 Bill introduced by a member of Congress but in attempt to show support for the aims of the bill it is often sponsored by several other members Then sent to clerk of chamber to be distributed to appropriate committees for consideration Committee refers bill to subcommittee to research the bill and decide to hold hearings on it Hearings are open to public because of 1970s sunshine laws Bill is revised Subcommittee votes and returns bill to full committee Markup a process in which committee members offer changes to a bill before it goes to the floor in either house for a vote Process Part 2 Bill must be approved by Committee on Rules and given a rule and place on the calendar or schedule Except House budget bills Rule determines limits on the floor debate and specifies what types of amendments may be attached to the bill House may choose to forma Committee of the Whole 100 members of House present to debate Vote taken by full House Bill is sent to Senate Holds and Filibusters Hold tactic by which a senator asks to be informed before a particular bill is brought to the floor This allows the senator to stop the bill from coming to the floor until the hold is removed Senator Joe Biden put olds on Department of Transportation nominees Filibusters a formal way of halting action on a bill by means of long speeches or unlimited debate in the Senate 1964 northern senators continued 82day filibuster to prevent amendments that would weaken a civil rights bill i mechanism requiring 60 senators to vote to cut off debate Process Part 3 2 Chambers of Congress approve different versions of the same bill Conference committees iron out differences Bill either passes or dies Sent to president to sign or veto it formal constitutional authority of the president to reject bills passed by both houses of the legislative body thus preventing the bill from becoming law without further congressional activity Presidential Options 1 Sign bill 2 Veto bill a Congress can override president39s veto with 23 vote 3 Wait 10 days until bill automatically becomes law 4 If Congress adjourns before the1O days neglect the bill pocket veto Pocket veto If Congress adjourns during the ten days the president has to consider a bill passed by both houses of Congress the bill is considered vetoed without the president39s signature How A Bill Really Becomes A Law The China Trade Act of 2000 Trade Act of 1974 president was empowered to grant any nation quotmost favored trade status Limited to extending that status to communist countries on a year by year congressional review China could only receive this status one year at a time Clinton and members of business community wanted to drop this because China was scheduled to join the World Trade Organization Many Republicans Agreed Democrats disagreed because fear of Union and job loss to foreign shores Permanent Normal Trade Relations PNTR were Clinton39s imprint on foreign policy as the president who cemented in place the postColdWar experiement of using ecomonic engagement to foster political change among America39s neighbors and its potential adversaries 1993 North American Free Trade Agreement with Mexico and Canada 1999 US completed bilateral agreement to make China a member of the World Trade Organization Clinton met with lawmakers and the US Chamber of Commerce launched a 10 million ad campaign Legislation was introduced to Senate by Senator William Roth Jr Referred tro Finance Committee Also introduced to House after hearings on China trade policy were already held Referred to House Ways and Means Committee passed 344 Republican House leadership feared that economic change would foster political change Rights legislation designed to vanish fears Secretary of Commerce released that the bill would mean jobs for Americans and stability for Asia XXX Toward Reform Congressional Checks on the Executive and Judicial Branches Congress Powers funding oversight impeachment The Shifting Balance of Power After the Civil War Congress attempted to regain control that Lincoln had taken Andrew Johnson would not go along with the radical reforms of the South Tenure of Office Act prevented president under the threat of civil penalty from removing any Cabinetlevel appointees of the previous administration Johnson fired Lincoln39s secretary of war believed to be guilty of war crimes House tried to impeach Johnson but Republicans prevented this Early 1990s Teddy Roosevelt FDR and Lyndon Johnson used enormous presidential power Since then Congress has been somewhat submissive to the legislative branch 50 of legislation originates in the White House Bush administration stressed that Congress had limited oversight in the time of war Under Bush administration a member of Congress office was searched by the FBI Congressional Oversight of the Executive Branch 1960s 2001 Congressed increased oversight of the executive branch Oversight Congressional review of the activities of an agency department or office Includes checking on abuses of ower by military and government officials Republicancontrolled Congress especially during the Clinton Administration Investigations of Travelgate Cinton s investiments in Whitewater Lewinsky Scandal Committee Hearings Televised Question administration to see if they are enforcing and interpreting laws as intended Signal that Congress believes changes in policy need to be made Improve program administration Help policy makers Bush Years Congressional power decreased No investigation of many issues September 11 2001 Medicare prescription drug costs Abuse of detainees in Iraq and Afghanistan Government responses to hurricanes Democrats won both Houses in 2007 Congressional Review Act of 1996 allows Congress to nullify agency regulations by joing resolutions of legislative disapproval Congressional review process whereby Congress can nullify agency regulations by a joint resolution of legislative disapproval FOREIGN POLICY AND NATIONAL SECURITY Constitution divides foreign policy powers between executive and legislative President power to wage war and negotiate treaties Congress power to declare war Senate power to ratify treaties War Powers Act passed by Congress in 1973 the president is limited in the deployment of troops overseas to a 60day period in peacetime which can be extended for an extra 30 to permit withdrawal unless Congress explicitly gives its approval for a longer period Presidents must gain approval of Congress before committing troops 48 hour notice Never been used Gerald Ford Jimmy Carter and Ronald Reagan never asked congress citing need for secrecy Argued that this limits presidential powers as commander in chief Senator Rockefeller wrote to VP CHeny in 2003 that he disapproved of National Security Agency39s monitoring of phone calls and emails without the judicial oversight called for by law CONFIRMATION OF PRESIDENTIAL APPOINTMENTS Senate approves members to executive branch and federal courts IMPEACHMENT PROCESS quotTreason bribery high crimes and misdemeanors House has only impeached 17 federal officials 7 convictd and removed from office 3 resigned before process was complete 1 John Tyler charged with corruption and misconduct in 1843 a House rejected charges 2 Andrew Johnson charged with misconduct 1868 a Acquitted by Senate 3 Richard Nixon charged with obstruction and abuse of power in 1974 a Resigned 4 Bill Clinton charged with perjury and obstruction ofjustice in 1998 a Acquitted Congress and the Judiciary 2000 Supreme Court case that indicated that a Nebraska state law banning partial birth abortion was unconstitutional Congress passed its own version outlawing the procedure Roberts Court upheld the constitutionality of the federal law Senatorial courtesy process by which presidents when selecting district court judges defer to the senator in whose state the vacancy occurs Chapter 8 The Presidency 1 Roots of the Office of President of the United States Royal governor of each colony appointed by king of England Powers of appointment military command expenditure and law making Often at odds with colonists and elected colonial legislatures Distrusted because they were representatives of the crown After colonists declared their independence from GB in 1776 Distrust of a strong chief executive remained Most reduced governor to symbolic post elected annually by legislature Some states entrusted wider powers to their chief executives Governor of NY elected directly by the people Accountable to people power to pardon duty to execute laws faithfully power of commander in chief of state militia Articles of Confederation No executive branch of government 18 men served as president of Continental Congress of USA but held no actual authority Presidential Qualifications and Terms of Office Naturally born citizen gt35 years Resident of US for gt14 years Because in 1700s those engaged in international diplomacy were often out of the country Framers feared a quotconstitutional monarch who would remain in office many years Washington set the precedent for 2 terms for 150 years Grant tried for a 3rd term failed FDR ran successfully in 4 elections until 22nd amendment limiting to 2 terms 22nd Amendment adopted in 1951 prevents a president from serving more than two terms or more than 10 years if he came to office via death or impeachment of his predecessor VP rules over the Senate and breaks ties Benjamin Franklin was a supporter of impeachment during the constitutional convention because he thought lack of impeachment would lead to assassination Impeachment power delegated to the House of Representatives in the Constitution to charge the president VP and other civil officers including federal judges with treason bribery high crimes and misdemeanors House votes with a simple majority to impeach Senate 23 to remove Andrew Johnson and Bill Clinton impeached not removed Richard Nixon Resigned rather than being impeached Covered up details about a breakin at the Democratic Party39s national HQ in Watergate office Executive privilege implied presidential power that allows the president to refuse to disclose info regarding confidential conversations or national security to Congress or the judiciary Bill Clinton used this a lot George W claimed he had quotConstitutional perogatives US v Nixon 1974 Key Supreme Court ruling on power of the president finding that there is no absolute constitutional executive privilege to allow a president to refuse to comply with a court order to produce information needed in a criminal trial Rules of Succession 8 presidents have died in office William Harrison from illness in 1841 succeeded byJohn Tyler Lincoln first to be assassinated 1865 1947 Presidential Succession Act 1 VP 2 Speaker of the House 3 President Pro Tempore 4 Secretary of State 5 Secretary of Treasury 25th Amendment adopted in 1967 to establish procedures for filing vacancies in the office of president and VP as well as providing for procedures to deal with the disability of a president Allows CP or a majority of Cabinet to deem a president unable to fulfill his duties 2 Constitutional Powers of the President Framers disagreed on the need for a proper role of a resident Article II which lists presidential powers is very short The Appointment Power Ambassadors public Ministers and Consuls judges of the Supreme Court all offices not established Power to appoint 3000 only 1000 had to be reviewed by Senate Recent presidents have tried to create their Cabinets to reflect America39s demographics Cabinet formal body of presidential advisers who head the 15 executive departments Presidents often add others to this body of formal advisers Until Clinton Senate approved of 97 of these appointments The Power to Convene Congress Must inform Congress periodically of quotthe State of the Union Authorized to convene either or both houses of Congress on quotextraordinary occasions More important back when Congress did not sit in nearly yearround sessions The Power to Make Treaties Power to make treaties must be checked by 23 Senate Senate ratifies 70 of treaties Treaty of Versailles Woodrow Wilson 1919 refused by Senate lead to League of Nations Senator Henry Cabot Lodge led opposition on the League No matter what the US had emerged from WWI as a world power US stayed out of the League Panama Canal Treaty 1977 Proposed by Jimmy Carter Senate required conditions to be ironed out before passing International Criminal Court Presidents may unsign treaties George W Bush withdrew from the treaty that Bill Clinton had signed The treaty could have led to politically motivated charges against US troops in the Middle East Congressional quotfast track Protects a president39s ability to negotiate trade agreements with confidence that the accords will not be altered by Congress Trade agreements submitted to Congress under fast track procedures bar amendments and require an up or down vote in Congress within ninety days of introduction Executive agreement formal government agreement entered into by the president that does not require the advice and consent of the US Senate Veto Power Veto Power formal constitutional authority of the president to reject bills passed by both houses of Congress thus preventing them from becoming law without further congressional action Benjamin Franklin countered that the executive veto was constantly made of use to extort money from legislators James Madison fought for the veto to prevent overthrow Congress can override a veto with 23 majority but only 100 of 2500 have been overridden Lineitem veto Proposed by Ulysses S Grant The authority of a chief executive to delete part of a bill passed by the legislature that involves taxing or spending Ruled unconstitutional by US Supreme Court Clinton v City of New York 1988 US Supreme Court ruled it unconstitutional because it gave powers to the president that the Constitution denied Significant alterations of executivecongressional powers require a constitutional amendment Power to Preside Over Military Commander in Chief Vietnam War 58000 American soldiers killed 150 Billion No congressional declaration of war Except Congress passing Gulf of Tonkin Resolution Pentagon Papers Lyndon Johnson had altered casualty figures and key facts War Powers Act passed by Congress in 1973 the president is limited in the deployment of troops overseas to a 60day period in peacetime which can be extended for an extra 30 days to permit withdrawal unless Congress explicitly gives its approval for a longer period Nixon vetoed Congress overruled Pardoning Power Pardon an executive grant providing restoration of all rights and privileges of citizenship to a specific individual charged or convicted of a crime President Gerald Ford pardoned former President Richard Nixon for offenses against the US in office Earlier presidents used pardons for large classes of individuals Jimmy Carter pardoned 10000 men who fled the US or went into hiding to avoid being drafted for the Vietnam War 3 The Development and Expansion of Presidential Power 5 Best Presidents Lincoln FDR Washington T Roosevelt Truman 5 Worst Presidents Buchanan A Johnson Pierce Harding W Harrison Establishing Presidential Authority The First Presidents Washington April 30 1789 took office Few hundred postal workers hired and small group of Cabinet advisers and clerks Federal budget 40 million 10 for every citizen 2007 S28T 9300 for every citizen Washington39s Precedents 0 Took every opportunity to establish the primacy of the national government Used militia of4 states to bring down Whiskey Rebellion Uprising of 3000 farmers oppesed to federal tax on alcohol Showed federal supremacy and authority of the executive branch to collect taxes 0 Regular meetings with advisers establishing the Cabinet system 0 Asserted role as chief executive in foreign affairs Sent envoys to Great Britain to negotiate the Jay Treaty Made it clear that Senate was limited to approval of treaties not foreign negotiations 0 Claimed powers of presidency as the bias for proclaiming a policy of neutrality Inherent powers powers that belong to the national government simply because it is a sovereign body Next in line John Adams had poor leadership skills which led to the development of political parties Jefferson took steps to expand the role of the president in the legislative process Louisiana Purchase 1803 Incremental Expansion of Presidential Powers 18091933 Congress quickly found itself the most powerful branch of government Andrew Jackson 7th president neither a Virginian or an Adams Represented a broader range of people 11 new states added number of while male voters increased Jacksonian democracy Common man down to earth Rewarded his Democratic followers with presidential appointments At odds with Congress used veto power against 12 bills Reasserted the supremacy of national govt by facing down SC s nullification of a tariff Abraham Lincoln Frequently took action without first obtaining the approval of Congress Many legally questionable acts Suspended habeas corpus allows those in prison to petition to be released Expanded the size of the army above congressionally mandated ceilings Ordered blockade of southern ports initiating a war without the approval of Congress Closed the US mail to treasonable correspondence Argued that all these things were necessary in a time of war Growth of the Modern Presidency As time progressed presidential as opposed to congressional decision making has increased Franklin D Roosevelt Asked Congress for broad executive powers to wage a war against the economic emergency New Deal the name given to the program of quotRelief Recovery Reform begun by President FDR in 1933 to bring the US out of the Great Depression Created new bureaucracy to implement programs Active leading role in domestic and foreign policy and legislation New technology that brought president and the public closer 4 The Presidential Establishment The Vice President quota sure place for a public official to disappear into obscurity John Adams called in the most insignificant office that was the invention of man Presidents choose their VP to balance politically geographically the presidential ticket FDR selected a CP who disagreed with Roosevelt39s policies and was conservative George Bush chose Dick Cheney to add a sense of national govt experience that he lacked gravitas also seemed to have a clearer agenda than Bush on foreign affairs John McCain chose Sarah Palin to energize social conservatives Barack Obama Joe Biden for the foreign policy experience that he lacked Jimmy Carter first to give VP Walter Mondale more than just ceremonial duties The Cabinet No basis in the Constitution although the need for departments was recognized by the Framers Informal institution based on practice and precedent whose membership is determined by tradition and presidential discretion The advisory group includes the heads of major executive departments 15 Main function is to help president execute laws and assist in decision making When the size of Cabinets increased most presidents reliance on their Cabinet secretaries decreased The First Lady Term coined during Civil War Since Martha Washington first ladies have assisted in informal advising Abigail Adams was a feminist who reminded John to quotremember the ladies in new laws Edith Wilson quotFirst Lady President most powerful first lady after Wilson was paralyzed Eleanor Roosevelt wrote newspaper column Traveled and advocated Delegate to UN where she headed the commission on human rights Headed JFK s Commission on the Status of Women Laura Bush first adopted behind thescenes role and made literacy the focus of her activities After 911 took more public role in rights of women in Middle East Executive Office of the President EOP Executive Office of the President EOP created in 1939 to help the president oversee the executive branch bureaucracy Established by FDR to oversee New Deal programs Expanded over time to include several advisory and poicy making agencies and task forces Prime policy makers in their fields of expertise as they play key roles in advancing the president39s policy preferences National Security Council established to advise the president on American military affrairs and foreign policy Composed of president VP and secretaries of state and defense Also the Joint Chiefs of Staff and director of CIA National Security Adviser runs the staff Council of Economic Advisers Office of Management and Budget Office of the VP Office of the US Trade Representative Presidents give clear indications of their policy preferences by the kinds of offices they include in the EOP George W Bush moved several offices and established religious offices The White House Staff Personal assistants including senior aides deputies professional assistants clerical aids Also counselor domestic foreign economic policy strategists communications staff lobbyist between President and Congress Not subject to Senate confirmation Power is derived from personal relationship with the president and they have no legal authority Number has grown over the years 19431972 from 51 to 583 Bush had 450 5 Presidential Leadership and the Importance of Public Opinion Presidential Leadership Some presidents show leadership by increasing public attention on particular issues quotThe power to persuade Decisions can shape the destiny of a country Going Public Mobilizing Public Opinion quotBully pulpit Teddy Roosevelt Direct presidential appeasl to the electorate are referred to as quotGoing public Presidents go over Congress to gain support of people who then put pressure on Congress Bill Clinton and George W Bush took this approach many times The Pubic s Perception of Presidential Performance High ratings often give the president the assumption that he has a mandate Presidents with low ratings suffer with passing policy In 2008 close election Republicans did not want to be affiliated with the financial bailout plan Presidents try to pass as much through Congress as possible during the quothoneymoon period Exceptions George Bush victory in Persian Gulf War Bill Clinton 1996 Democratic National Convention George W Bush 911 Only 4 presidents have left office with an approval rating above 50 6 Toward Reform The President as Policy Maker FDR shifted into the policy maker role with his New Deal Chapter 9 The Executive Branch and the Federal Bureaucracy Bureaucracy set of complex hierarchical departments agencies commissions and their staffs that exist to help a chief executive officer carry out his or her duties Bureaucracies may be private organizations of governmental units Relied on by Congress to enforce and implement laws 1 Roots of the Federal Bureaucracy 1789 only 3 departments existed under the Articles of Confederation Foreign Affairs War Treasury Foreign Affairs renamed Department of State George Washington Inherited these departments as president Congress created attorney general Post Office Article I authorized Congress to create Jackson moved Post office from Department of Treasury to Cabinet Major source ofjobs quotPony Express young orphan boys who rode horses to deliver mail quickly Spoils system the firing of publicoffice holders of a defeated political party in order to replace them with loyalists of the newly elected party Patronage jobs grants special favors that are given as rewards to friends and political allies for their support The Civil War and the Growth of Government Thousands of new employees added to departments Ned for new government agencies Department of Agriculture Pension Office established to pay benefits to Union veterans who had fought in the war gt127000 From the Spoils System to the Merit System Spoils System used prevalently in Lincoln39s presidency James A Garfield many reformers calling for changes Rutherford B Hayes wanted to replace with Merit System based on test scores and ability Congress did not pass his legislation because many wanted positions with the spoils system Garfield tried to reform civil service but was assassinated Pendleton Act Reform measure that created the Civil Service Commission to administer a partial merit system The act classified the federal service by grades to which appointments were made based on the results of a competitive examination It made it illegal for federal political appointees to be required to contribute to a particular political party Civil service system legal system by which many federal bureaucrats are selected Merit system system by which federal civil service jobs are classified into grades or levels and appointments are made on the basis of performance on competitive examinations Regulating the Economy Civil War Growth of big business railroads Widespread price fixing Interstate Commerce Commission Reaction to public outcries over the exorbitant rates charged by railroad companies Independent regulatory commission an agency created by Congress that is generally concerned with a specific aspect of the economy Created by Congress to be independent of direct presidential authority Appointed by the president but cannot be removed unless they break their oaths This marked the shift of bureaucracy from service to regulation giving powers over rights Theodore Roosevelt Government regulation of economic sphere Department of Commerce and Labor to oversee employeremployee relations 1913 became clear that one agency could not represent employees and employers Separated Department of Commerce and Labor Woodrow Wilson Federal Trade Commission protect small business and the public from unfair competition Sixteenth Amendment implemented federal income tax to supplement the national treasury The Growth of Government in the Twentieth Century Depression led to FDR creating hundreds of new government agencies Congress enacted economic legislation Increased taxes to support WWII G Bill Veterans Housing Authority Great Society Equal Employment Opportunity Commission Civil Rights Act of 1964 Department of Housing and Urban Development and Transportation 2 The Modern Bureaucracy Governments exist for the public good Businesses are driven by a profit motive Public employees view risks and rewards very differently from privatesector counterparts Private employers are far more likely to reward ambition Who Are Bureaucrats Federal bureaucrats career government employees who work in the executive branch in the Cabinet level departments and independent agencies that comprise more than 2000 bureaus divisions branches offices services and other subunits of the federal government 27 Million federal workers in the executive branch 13 are postal workers Most of the remaining workers are paid according to the quotGeneral Schedule They advance within 15 GS Grades moving to higher statuses Much of the current system is based off of the Truman39s administration39s Pendleton Act selected by the merit system through tests Lower levels apply through tests and exams Upper levels submit resumes online and are evaluated 10 of the federal workforce is not with the civil service system Appointive poicy making positions 3000 appointed by the president including Cabinet secretaries quotSchedule C Independent regulatory commissioners Appointed by the president but not under his direct political influence Low eve nonpolicy patronage positions Secretarial assistants and policy makers gt15000 job skills are represented in the federal government Average age 47 Average service 17 years Regional offices help agencies reach a wider range of people Highly skilled jobs are difficult to fill because private sectors pay more Lacking in Dept Of Homeland Security and TSA Military enlists private contractors to fill positions in dangerous places nJU JJIJ Dl Blackwater Scandal Private contractors killing Iraqi citizens in the middle east Bush added 24 million to the existing 53M More than 23 of the highest nonpolitical positions and mid eve managers are eligible to retire Presidential Management Fellows Program 1977 hires and trains future managers and executives Formal Organization At least 1150 civilian agencies Divided into areas of specialization Occupational Safety and Health Administration Department of State Cabinet Departments 15 departments VP heads all departments as well as EPA OMB Office of Drug Control Trade Head of each Department is the secretary Must abide by congress Assisted by deputies or undersecretaries for administrative purposes Most departments are subdivided TSA within Homeland Security Bureau of Indian Affairs in Dept of Interior Government Corporations Government corporations businesses established by congress to perform functions that can be provided by private businesses i Amtrak Federal Deposit Insurance Corporation ii Tennessee Valley Authority provides electricity in Appalachia at reduced rates mN 39Q 39nD399JI b When Congress sees financial incentives for private industry to provide services are minimal they step in 3 Independent Executive Agencies a Independent executive agencies governmental units that closely resemble a Cabinet department but have narrower areas of responsibility such as CIA and are not part of Cabinet departments b Appointed by president and serve like the Cabinet c Exist apart from executive departments for practical and symbolic reasons i NASA could have been added to Department of Defense but then they would have to use the space program instead of for exploration purposes ii EPA could have been added to Department of interior but created independent to administer federal programs to protect the environment d Less indebted to the president on a day today basis 4 Independent Regulatory Commissions a Exist outside of the major departments to regulate specific economic activity i National Labor Relations Board Federal Reserve Board Federal Communications Commission Securities and Exchange Commission b Free from partisan political pressure c Cannot be easily removed by the president Government Workers and Political Involvement Hatch Act prohibits civil servants from taking activist roles in partisan campaigns Prohibited federal employees from making political contributions working for a particular party or campaigning for a particular candidate Federal Employees Political Activities Act 1993 liberalized the Hatch act Federal employees can now run for office in nonpartisan elections and contribute money to campaigns in partisan elections 4 How the Bureaucracy Works German sociologist Max Weber believed bureaucracies were a rational way for complex societies to organize themselves Model bureaucracies are characterized by certain features Chain of command in which authority flows from top to bottom Division of labor with specialized workers Clear lines of authority Goal orientation All employees treated fairly without discrimination Productivity evaluated by rules Implementation the process by which a law or policy is put into operation by the bureaucracy Iron triangles relatively stable realtionships and patters of interaction that occur among agencies interest groups congressional committees or subcommittees Most do not dominate policy processes anymore although some still exist Issue network loose and informal relationships that exist amonga large number of actors who work in broad policy areas Include lawyers public relations specialists courts Constantly are changing members with technical expertise Interagency councils working groups created to facilitate coordination of policy making and implementation across a host of governmental agencies Making Policy Administrative discretion the ability to make choices concerning the best way to implement congressional intentions Rule Making Rule making quasi egisative administrative process that has the characteristics of a legislative act Regulations rules that govern the operation of a particular government program that have the force of law Administrative Procedures Act requires that 1 public notice of the time place and nature of the rue making proceedings be provided in the Federal Register 2 interested parties be given the opportunity to submit written arguments and facts relevant to the rule 3 statuory purpose and basis of the rule be stated Formal hearings with witnesses Administrative Adjudication Quasijudicial process in which a bureaucratic agency settles disputes between 2 parties in a manner similar to the may courts resolve disputes 4 Toward Reform Making Agencies Accountable Who should bureaucracy be accountable to IRS Internal Revenue Service 1997 Congress held hearings Bureaucratic red tape Agency abuse of power Used technology to improve relations with the public Executive Control Some presidents have tried to exercise control over the bureaucracy JFK found it to be a dead end Presidents try to appoint the best people possible to carry out their wishes and policies They can also reorganize the bureaucracy Uquot39gtS quotquot Make budget changes Ignore legislative initiatives originating within the bureaucracy Thomas Jefferson tried for reform to cut down on a wasteful government Executive orders rules or regulations issued by the president that have the effect of law All executive orders must be published in the Federal Register A president can direct an agency to act but it may take some time for the order to be carried out LBJ signed equality contract but the Department of Labor Employment Standards Admin Took several years to implement
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