AP Gov - Ch. 8 & 9 "What About"s
Terms in this set (44)
The Constitution requires that the president (and vice president) must be:
a natural-born US citizen
at least 35 years old
a resident of the US for at least 14 years
22nd Amendment (1951)
Prevents a president from serving more than two terms, or 10 years in office (if he came into office via the death or impeachment of his predecessor).
Most Accidental POTUS
Only POTUS to Resign
Richard Nixon (Watergate maaannnn)
Power delegated to the House of Reps in the Constitution to charge the president, vice president or other civil officers, including federal judges, with "Treason, Bribery or other high Crimes and Misdemeanors."
1st step in removing such government officials from office.
Senate tries the officials.
Order of Succession
Presidential Succession Act (1947) outlined the succession to the president as:
1. Vice President
2. Speaker of the House
3. President Pro Tempore of the Senate
4. Secretaries of State, Treasury, and Defense, and other Cabinet Heads in order of Department creation.
(The act has actually never been used, because there has always been a vice pres to take over when a president died in office.)
25th Amendment (1967)
Establishes procedures for filling vacancies in the office of the president and vice president, as well as providing for procedures to deal with the disability of a president.
Directs the president to appoint a new VP in the event of VP disability, subject to Congress approval.
Allows the VP and a majority of the Cabinet to deem a president as unfit to fulfill his duties.
Sets up procedure to allow the VP to become the acting president if the president is incapacitated.
Allows the president to relinquish his power voluntarily.
Framers' Intent for POTUS
The Framers made Article I outlining the duties of the Executive Branch of the government (president) relatively short and open to interpretation, and they purposely made it so that the Legislative Branch would hold a little more power, due to it being closer to the people and the issue of the previous tyrannical rule of the King of England.
POTUS Power - Theory
The theory behind POTUS power mainly involves the concept of Framers' intent - they wished for the president, the sole person serving as the head of the Executive Office of the developing US government, to be limited in power. After experiences with the tyrannical and oppressive rule of the King of England, the Framers wished to eliminate the problem by forcing checks upon the president mainly from Congress and the Legislative Branch.
POTUS Power - Scope
The scope of POTUS power is very far reaching today as opposed to what was intended. The Framers' intent was for a limit of power, but Washington set a precedent with different ideals. He laid the groundwork for ideas such as the Cabinet system, asserting the role of the Chief Executive (for foreign affais specifically), and he helped to instill the concept of inherent powers, powers that can be derived from the specific powers in the Constitution. Thereafter, the concept of the scope presidential power has increased incrementally until today, where the scope is very far reaching.
POTUS Power - Actuality
The actuality of the power is somewhat two-sided. There are some presidents who use their power to the fullest extent, FDR for example, to try and get the country to modernize and expand, such as his New Deal legislation which tried to help bring the US out of the Great Depression. Other presidents are met with opposition to their use of power, as the fight ensued between the executive and legislative branch can leave progress at a stalemate; case in point, the War Powers Act, which caused much conflict between Congress and the president over who held the power to declare war, in this case.
POTUS Controlling the Bureaucracy
The POTUS controls the bureaucracy mainly through...
Appointing and removing agency heads and some top bureaucrats
Reorganize the bureaucracy (with Congress approval)
Make changes in an agency's annual budget proposals
Ignore legislative initiatives originating within the bureaucracy
Initiate or adjust policies that would alter the bureaucracy's activities (if enacted by Congress)
Issue executive orders
Reduce an agency's annual budget
Constitutional Duties of VP
The Vice President is delegated two specific duties in the Constitution:
1. He shall be the President (Presiding Officer) of the Senate
2. He shall decide in presidential disability
The Cabinet and its Creation
The Cabinet refers to the formal body of presidential advisers who head the 15 executive departments (basically, the president's selected advisory group that helps him make decisions and execute laws.)
The Constitution explicitly gives the president the power to appoint, with Advice and consent of the Senate, "Ambassadors, other public Ministers and Consuls, judges of the Supreme Court, and all other officers of the US" to help the president enforce laws passed by Congress. BUT the Cabinet itself has no basis in the Constitution, and it is an informal institution based on practice and precedent. pg296
Presidents look for a "blend of loyalty, competence, and integrity" when selecting cabinet members.
The Newest Cabinet Department
Department of Homeland Security
Congressional Check on POTUS - Veto
Congress has the power to repeal a veto from the president with a 2/3 vote in each chamber.
If Congress adjourns during the 10 days that the president has to consider a bill passed by both chambers of Congress, without the President's signature the bill is considered vetoed.
Clinton v. New York City
Case that ruled that the line-item veto was unconstitutional because it gave powers to the president denied him by the Constitution. Showed just how short the line-item veto legislation lasted (2 years).
War Powers Act (Resolution)
The War Powers Act (1973) is an act that limits the president's ability to deploy troops overseas to a 60 day 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.
Rules or regulations issued by the president that have the effect of law. All executive orders must be published in the Federal Register.
Duties of the White House Press Secretary
Serves as a conduit between the Press Corps and the President, relaying to him information (actual fact, not any misleading/falsified information) that they deem important to him.
The Executive Office of the President. Established in 1939 by FDR mainly to oversee his New Deal programs, but it also helps the president oversee the executive branch bureaucracy as a whole. It provides the president with a general staff to help him direct the activities of the executive branch, and is in fact a "mini-bureaucracy". It has expanded over time to include advisory and policy-making task forces as well.
Office of Management and Budget (formerly Bureau of the Budget). This office...
prepares the president's annual budget proposal
reviews the budget programs of the exec. departments
supplies economic forecasts
conducts detailed analyses of proposed bills and agency rules
Executive Branch Foreign Powers
The foreign powers of the executive branch include the president's powers of being commander in chief of the military, ambassador of the US in foreign affairs, dealing with treaties (also the job of the Senate) and trade agreements.
White House Office staff
Personal assistants to the president, including senior aides, their deputies, assistants with professional duties, and clerical and administrative aides. They are NOT subject to Senate confirmation due to them being personal assistants, and they do not have divided loyalties due to this. Their power comes from their personal relationship with the president, and they have no independent legal authority.
This refers to the popularity of the president and its influence - due to the president's huge popularity and importance simultaneously boosts the popularity of his political party and therefore, candidates from that party.
The Creation of Bureaucratic Agencies
1789 - only 3 departments existed under the Articles of Confederation: Foreign Affairs(renamed to Department of State), War, and the Treasury, and Washington adopted these, named each head of the dept. a "secretary." Congress also created the office of Attorney General.
1816-1861 - Size of federal executive branch and the bureaucracy grew as increased demands were made on existing departments and new departments were created.
Max Weber's Thoughts on Bureaucracy
German sociologist Max Weber believed that bureaucracies were a rational way for complex societies to organize themselves and they were characterized by certain specific features.
Characteristics of Bureaucracies
Weber stated that model bureaucracies are characterized by:
1. A chain of command, in which authority flows from top to bottom
2. A division of labor whereby work is apportioned among specialized workers to increase productivity
3. Clear lines of authority among workers and their superiors
4. A goal orientation that determines structure, authority, and rules.
5. Impersonality, whereby all employees are treated fairly based on merit and all clients are served equally, without discrimination according to established rules.
6. Productivity, whereby all work and actions are evaluated according to established rules.
Jobs, grants, or other special favors that are given as rewards to friends and political allies for their support.
The Pendleton Act
A reform measure that created the Civil Service Commission(bipartisan, 3-member) 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.
The Hatch Act
Law enacted in 1939 to prohibit civil servants from taking activist roles in partisan campaigns. This act prohibited federal employees from making political contributions, working for a particular party, or campaigning for a particular candidate. (1993 Federal Employees Political Activities Act reversed most of these effects).
Criticisms of Federal Civil Service
Restrictions of the Hatch Act deny people their 1st amendment rights to free speech and association, and discouraged political participation among a group of people who might otherwise be strong political activists.
Red tape - Can't get anything done - too many rules
Conflict - Some agencies can be working against each other
Duplication - Two agencies may have the same agenda and may be unnecessary
Imperialism - They grow without need and have uncontrollable costs.
Waste - They spend more than they need on products and services.
Independent Executive Agencies
Governmental units that closely resemble a Cabinet department but have a narrower area of responsibility and are not part of any Cabinet Department.
Example: Central Intelligence Agency
Independent Regulatory Commissions
Agencies created by Congress to exist outside the major departments to regulate a specific economic activity or interest.
Example: Federal Reserve Board
Businesses established by Congress that perform functions that could be provided by private businesses.
Example: Amtrak, Post Office
The process by which a law or policy is put into operation by the bureaucracy. Normally due to the influence of iron triangles and issue networks, bureaucracies can put a law or policy into actual operation with their connection to other groups.
The average person in contact with citizens for agencies (the one you talk to if you call up an agency and ask for a hot pepperoni pizza).
Elements of Regulation
Rules that govern the operation of a particular government program that have the force of law. These normally come from the bureaucracy itself, which sets limits and rules on the regulation during rule-making.
The 1946 Administrative Procedures Act outlined rule-making, requiring a public notice of time, place and nature of rule-making proceedings provided in the Federal Register,submission of written arguments, statutory purpose and basis of rule to be stated, and once rule is written, 30 days must elapse before they take effect.
Congressional Control of the Bureaucracy
Congress can control bureaucracies by:
Passing legislation that alters the bureaucracy's activities
Abolishing existing programs
Investigating bureaucratic activities and compelling bureaucrats to testify about them
Influencing presidential appointments of agency heads and other top bureaucratic officials
Writing legislation to limit the bureaucracy's discretion
Relatively stable relationships and patterns of interaction that occur among an...
and congressional committees or subcommittees.
Each member of the iron triangle provides key services, information, or policy for the others.
They are so pervasive and powerful that they are often called subgovernments.
The loose and informal relationships that exist among a large number of actors who work in broad policy areas.
Includes policy experts, media pundits, congressional staffs, and interest groups who regularly debate an issue.
The president often fills agency positions with people from an issue network who support his or her views.
The First Regulatory Commission
Interstate Commerce Commission
THE PRESIDENT (YEAH SPRING BREAK)
YOU MIGHT ALSO LIKE...
Series 7 Top-Off Exam Preparation | Knopman Marks Guide
AP Government Chapter 8 and 9
Unit 5 Gov Test- Executive Branch
Unit 4: The Presidency and Federal Bureaucracy
OTHER SETS BY THIS CREATOR
L2 - Agents
Effects of the Internet
Media and Stereotyping
SAC 236 - MIDTERM Important Film Terms
THIS SET IS OFTEN IN FOLDERS WITH...
AP GOV Hallsy - Chapters 1 & 2
AP GoPo Ch 2 Federalism
AP gov constitutional organizer