36 terms

Chapter 8 Crash Course Government: Executive

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The President
-at least 35-years-old
-be a citizen of the US and be born on US territory
-chose by the Electoral College (-.-)
Presidential Powers
1) Military: Commander-in-Chief
2) Judicial: appoints federal and Supreme Court judges (subject to Senate's approval)
3) Foreign Policy: serves as nation's chief diplomat
4) Legislative: propose/veto laws
5) Executive: Chief Executive, ensure laws are being carried out
formal powers
powers that we find in the Constitution (mainly Article 2); aka "expressed powers"
informal powers
powers that come from Congress or the President himself; inherited in office and "implied" by the Constitution
formal powers of the President
1) Commander-in-Chief of the Armed Forces
2) Diplomacy: make treaties, appoint ambassadors and State Department officials, receive ambassadors (therefore legitimizing a nation-state)
3) State of the Union address (mainly for Congress to set an agenda)
4) Legislative: veto power and convene Congress
5) Judicial: appoint judges, give pardons and reprieves
informal powers of the President
1) Military force: send troops w/o Congress's consent (when we are technically not at war)
2) Foreign Policy: gained power to negotiate executive agreements (which are like informal treaties)
3) CEO of the US (implied in the Oath, comes with appointing judges, ministers, ambassadors, etc)
4) Legislation: Executive Orders, ability to impound funds, and Executive Privilege
War Powers Resolution
passed by Congress post-Vietnam, this requires the President to get authorization to use troops w/in 60 days of when he first commits them, or else he has to bring them back
executive order
presidential directives, or rules, that have the force of law; can be overturned by Congress or the Supreme Court; presidents have used them for major policies that would have been difficult to get through Congress
executive privilege
the President's ability to keep information secret by claiming that it's too important to be revealed, usually for reasons of national security
US v Nixon (1974)
the Supreme Court case that ordered Nixon to turn over tapes of his conversations with aids that might have related to the Watergate Scandal
special assistants
White House staff that serve the President, mostly made up of trusted policy and political advisors
Executive Office of the President (EOP)
-Staffed by various advisers and policy experts
-Selected by the President or chosen for political reasons, such as the Cabinet
-Give important advice to the President on specified topics
-Important Departments: National Security Council, Council of Economic Advisors, and Office of Management and Budget
-Significant: Secretary of State and Secretary of Defense
The Cabinet
a body of advisers to the president, composed of the heads of the executive departments of the government
independent executive agency
agencies that exist outside of the federal executive departments (those headed by a Cabinet secretary) and the Executive Office of the President; NASA and the CIA is an example of this; similar to Cabinet departments because the Head of the Department must be confirmed by the Senate
government corporation
a company that is owned by the government and operates with the same independence of a private business, except that the owner is the government; supposed to earn money and be self-funding but tend to rely on government subsidies
Federal Reserve System
independent federal agency that manages banking and monetary policy
bully pulpit
a public office or position of authority that provides its occupant with an outstanding opportunity to speak out on any issue; only effective if he/she is popular (usually the President)
administrative strategy
use of administrative agencies to make and carry out policies
regulatory review
occurs when EOP influences/enforces rules that federal agencies must follow
signing statement
the White House's interpretation of what the law means; they become a part of the legislative history that courts can use if the laws are challenged; issued when the President signs a bill
bureaucracy
a complex structure of offices, tasks, rules, and principles of organization that are employed by all large scale institutions to coordinate the work of their personnel; usually composed of experts and used for efficiency; problematic because it is not mentioned in the Constitution yet acts like a legislature in the executive branch; most belong to the state and not the federal government
Functions of Bureaucrats
1) Implement laws that Congress writes
2) Make and enforce their own rules
3) Settle disputes through administrative adjudication
administrative adjudication
the process by which an administrative agency issues an affirmative, negative, injunctive, or declaratory order
regulation
a rule or directive made and maintained by an authority (in this case, bureaucracies)
Cabinet Level Agency (Executive Departments)
15 departments, each run by a secretary (except for the Department of Justice, which is run by the Attorney General); mostly provides services through sub-agencies like the FBI (part of Dept. of Justice) and FDA (part of Dept. of Human Health and Services)
independent regulatory agency
agencies usually further removed from presidential oversight, which makes them independent; usually called commissions; punish rule-breaking via fines
Types of Bureaucratic Controls
1) Limit discretion of bureaucrats
2) Shrink size and number of bureaucracies
-number 1 is easier and more common
before-the-fact controls
attempts to limit bureaucrats' discretion through the way the bureaucracy is set up; examples include careful drafting of legislation to create the bureaucracy itself and selective appointment of agency heads
after-the-fact controls
Congressional oversight; examples include holding public hearings
General Accounting Office
a Congressional agency, it monitors the spending of bureaucracies
appropriations process
a check on bureaucracies by Congress by limiting (or threatening to limit) the amount of money given
termination
occurs when an agency is rid of completely; almost never happens
deregulation
occurs when Congress limits the number of regulations that an agency is allowed to enforce; the point is to lower costs via market forces
externalities
social costs not paid for by the industry
devolution
occurs when Congress shifts the task/burden from a federal agency to states and local municipalities; often shrinks agency but not the total level of bureaucratic function
privatization
the turning over of bureaucratic functions to private entities, usually corporations
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