Government_Ch5_info

=**Ch. 5 Executive Branch Background Information**=

**The Presidency:**
The powers of the presidency have grown over the past 200+ years. There are several duties of the president. The Constitution says that the president is Commander-in-Chief of the armed forces. The president also appoints (with senate approval) the heads of cabinet departments, federal court judges, ambassadors, and other top officials. In terms of foreign policy, the president makes treaties (with senate approval), meet heads of state, host foreign officials, and as mentioned, appoint ambassadors, who are those who represent the U.S. in foreign nations. One important duty is to ensure that all laws are "faithfully executed," which is why the bureaucracy, the numerous bureaus and agencies within the executive branch), exists. The president is to be a leader in legislation. Even though bills are proposed in the legislative branch, the president is to lead the way. The president gives a yearly State of the Union Address, where law agenda is laid out for the public.

There a several aspects about the presidency. A presidential term length is 4 years. The 22nd amendment sets a presidential term at 2 terms and no longer than 10 years in office, due to concern of too much executive power. The presidential salary is set at $400,000 per year along with travel expenses and other expenses as well. The president lives in the White House and has an air plane - Air Force One. The Constitution sets three qualifications to be president - must be a natural-born U.S. citizen, age 35, and 14 years residency in the U.S. (must have lived in the U.S. for 14 years). There are unwritten requirements as well such as experience. Most presidents have been a senator or a state governor. Money is important to be able to campaign across the nation. There are limits to how much can be spent. The 25th amendment established presidential succession, or the order following the line to the presidency. The vice president is second, followed by the speaker of the House, then the president pro-tempore of the Senate, followed by the cabinet secretaries in the order they were established. The vice president assumes the duties of the president if the president is incapacitated/disabled. This can be declared by the president to Congress or by a majority of the cabinet and the vice president. The 25th amendment helps determine this procedure. Vice presidents are usually put on the ticket to help get votes and one that can help the president push the president's agenda.

In terms of electing the president, the framers didn't want Congress to elect the president since it wouldn't be separation of powers, but didn't want to let the people vote directly, so they developed a compromise - the Electoral College. In this system, each state would choose electors with the number of electors from each state based on the number of representatives and senators in that state. The electors would vote for two presidential candidates (no popular vote at first) with the candidate receiving over 50% being president and the second most being vice president. The 12th amendment changed the system to that of each elector casting one vote for president and one for vice president. This led to political parties putting up a candidate and a vice presidential running mate. Today, the people vote and the popular vote determines which candidate gets all of the electoral votes in a state. If no candidate gets over 50% of the vote, the House votes for president and the Senate votes for vice president. When voters vote for president, they're actually voting for electors of that party to vote for the winning candidate. There are a total of 538 electoral votes (435 representatives + 100 senators + 3 electoral votes from D.C.). A candidate needs over 50% to win, which makes the minimum number 270.

There are some issues surrounding the electoral college and whether or not there should be changes. The system is a winner-take-all system, which means that in most states, the candidate who wins the popular vote gets all electoral votes, which makes it possible for a candidate to win the electoral vote with having lost the popular vote. If a third party candidate took some electoral votes, it'd be possible that no candidate got over 50%, which would put the election into the House with each state getting one vote (and if the state can't decide, it loses their vote). There have been a few ideas for reform. One is to have electors based on which candidate wins each congressional district rather than the whole state. Another proposal has been to have the candidate win the percentage of electoral votes equal to the percentage of the popular vote.

Presidential inauguration takes place at noon on January 20th after the election. Presidents take the oath of office and deliver an inaugural address. The president's cabinet advise the president and help oversee the large federal bureaucracy. Cabinet officials are typically chosen by their background being compatible wit the department they are being appointed to head. The president appoints cabinet secretaries with senate approval. The role of the cabinet is to head the executive departments and advise the president. The Executive Office of the President includes the individuals and agencies that directly assist the president. The EOP has grown over the years as each president has expanded it in response to new problems and the huge federal programs need departments and agencies to work together. The EOP includes the Office of Management and Budget, which prepares the annual budget that the president is to propose to Congress. The National Security Council advises the president and helps coordinate military and foreign policy and is headed by the National Security Advisor. The Council of Economic Advisors helps formulate the nation's economic policy. The White House Office is usually composed of the president's longtime supporters containing a chief of staff and a press secretary both with duties being assigned by the president.

**Presidential Leadership:**
The president has several types of powers. There are constitutional powers. The framers wanted a strong executive since there was the lack of one that grew as a weakness under the Articles of Confederation. The president (according to the Constitution) is commander-in-chief of the armed forces, appoints heads of executive departments, makes treaties and appoints ambassadors (with senate approval), appoints federal judges (with senate approval), has the power to pardon, signs bills or can veto bills. The president has informal sources of power as well such as using the media to communicate messages to the people. There are some limits to presidential power. The Congress can override a veto with a 2/3 vote. The War Powers Act limits the president's ability to commit troops into combat without Congress's approval. The Senate must approve of presidential appointments. The Supreme Court can declare acts of the president or bureaucracy unconstitutional. Public opinion may also limit actions of the president.

There are numerous roles or duties for the presidency. The president is the head of state, or the symbol of the nation. The president represents the United States. To other nations, the president IS the United States. The president is also Chief Executive, or the one in charge of the executive branch, which is to carry out the laws and programs passed by Congress. The executive branch has millions of employees that are to help enforce the many laws and programs established by the Congress. Presidents have been allowed to issue Executive Orders, or rules that have the force of law implied by the Constitution when it says the president must ensure that laws are faithfully executed. The presidents have been allowed to do this even though, as you've learned, Article 1 Section 1 of the Constitution gives the lawmaking power to Congress, and only Congress. Presidents have been allowed to get away with executive orders. Presidents have the power to refuse to spend the money appropriated by Congress for a certain program, which is called impoundment. Presidents also have the power to grant a reprieve, or grant postponement of a punishment as well as grant a pardon, or ability to release one from punishment for a federal crime. Presidents have the power to grant amnesty, which is a group pardon for an offense against the government. A president also can issue Executive Privilege, or the right of the president (or executive branch in general) to refuse to provide information to Congress or a court. The president is also the chief legislator since the president has the final say on a bill becoming a law with the ability to sign or veto a bill. Presidents usually lay out their agenda for laws in their yearly State of the Union Address. The president also plays the role of economic planner since presidents submit an annual economic report to Congress and ideas for a budget. The Council of Economic Advisors study the economy and help prepare the report and budget. The president is also his/her party leader looking to advance the political party's platform. Presidents give speeches and attend fundraising events to help candidates. The president plays the role of chief diplomat as well with the power to make treaties (with Senate approval), which are formal agreements between governments. Presidents have the power to make executive agreements, or pacts between the president and a foreign leader, but isn't binding from president to president. The president receives advice on foreign policy from the State and Defense departments as well as the National Security Council. The president also plays the role of commander-in-chief of the armed forces.

In terms of the style of a president's leadership, there are key aspects that a president needs in order to be a good leader. Presidents should understand the public and what the public wants as well as what is best for the public good. They need to have the ability to communicate and having a good sense of timing is also important, or knowing the right time to introduce a new policy idea. There needs to be openness to other ideas and opposing points of view as well in order to get the best ideas into action, which means there also needs to be a willingness to compromise. Presidents also need political courage, or sometimes going against public opinion in taking actions felt vital to the nation's well-being.

**Bureaucracy:**
The numerous bureaus and agencies within the executive branch are to help carry out the laws of Congress. The workers in these bureaus and agencies are considered civil servants. The cabinet departments make up a large number of the bureaus and agencies. The State Department is responsible for foreign policy and staffs the embassies, or the offices of U.S. ambassadors in foreign countries. The Treasury Department manages the economy and monetary resources. The Interior Department protects public lands and natural resources. The Agriculture Department is to help the farming sector. The Justice Department is led by the Attorney General and deals with legal matters. The Commerce Department enforces trade laws. The Labor Department is to protect American workers. The Defense Department deals with national and military defense. The Health and Human Services Department deals with public health. The Housing and Urban Development Department deals with federal housing opportunities. The Transportation Department deals with interstate travel by road, rail, or air. The Energy Department plans America's energy policy. The Education Department deals with America's school system. The Veterans Affairs Department develops programs to benefit veterans and their families. The Homeland Security Department is set up to combat terrorism.

There are also independent agencies or other agencies within the bureaucracy that are not part of a cabinet department, but are still in the executive branch under the president. For example, NASA runs the space program. The National Archives and Records Administration maintains government records. The CIA gathers information on other countries. Government corporations are business run by the federal government such as the TVA (Tennessee Valley Authority), which builds dams and supplies electricity to a eight state region. The FDIC insures bank deposits. The U.S. Postal Service delivers the mail. There are also regulatory commissions that make regulations on businesses, which in turn impacts the public such as the EPA with environmental policies and the FCC with TV and radio.

Most workers in the civil service system work in local or regional offices around the country. Originally, the spoils system was the practice of victorious politicians rewarding followers with government jobs. Corruption developed as people used their job for personal gain. The assassination of James Garfield led to reform and the new civil service system that is based on the principle and practice of government employment being based on open, competitive examinations to be based on merit. Today, competition is stiff. There are good benefits and salary along with job security. There is a law, the Hatch Act, that limits how involved federal employees can become in elections.

The bureaucracy helps influence policy. They shape laws with rules and/or regulations to enforce the laws passed by Congress. They help draft bills for Congress and provide advice for those making policy. Bureaucracy can be influenced by Congress since Congress can pass legislation that impacts a bureau or agency and Congress approves the funding. The courts can impact bureaus and agencies by issuing an injunction, or order to stop a particular action. The Iron Triangle is the relationship between bureaucracy, Congress, and interest groups. Each have resources that can satisfy each other's needs.

=**Powers of the President**=

The Constitution gives us a short list in Article II on the powers of the presidency. The president is commander-in-chief of the armed forces, can require reports from the cabinet, has the power to pardon, can make treaties, appoint senior officials and judges, and reports to Congress yearly on the state of the union, can recommend legislation, can call Congress into special session, and is required to faithfully execute the laws. Can the president send troops to war without a declaration of war? Can the president and executive agencies make executive orders and regulations that have the force and effect of law? Can the president enter into some kind of treaty without the consent of the Senate? Article I Section 8 says Congress has the power to declare war, therefore the answer to the first question is no...but the last time Congress declared war was WWII. Congress has authorized the recent wars that we were involved in, but that's not a declaration of war. Presidents have been able to put the troops into combat without a declaration of war. Article I Section 1 says all legislative (lawmaking) powers are in the hands of the Congress, so the answer to the second question should be no...but presidents issue executive orders, which have the force and effect of laws and the bureaus and agencies often issue regulations that have the force and effect of laws. Article II Section 2 says the Senate must approve of treaties...but the presidents have been able to develop executive agreements with foreign leaders that are like treaties, but don't need Senate approval, although executive agreements are only binding until a new president takes office.


 * 1. What are two powers of the president that require the advice and consent of the Senate?**

When the president issues an executive order or when bureaus and agencies issue a new regulation, this is known as administrative law. There are 200 books on executive regulations - 200 books never passed by Congress, even though Article I Section 1 says the legislative power shall be vested in a Congress. Since World War II, presidents have preferred to enter into agreements without the advice and consent of Congress. These are known as executive agreements. This term has no basis in international law. What this means is when a president enters into an executive agreement with a foreign leader, that leader and nation sees it as a binding treaty forever, even though in the U.S. executive agreements are not to be binding from president to president. The U.S. is part of 900 treaties that were ratified by Congress, but over 5,000 executive agreements that were never ratified by Congress. Presidents from both parties have done this and Congress has been okay with that. Why has the Congress allowed executive agreements and executive orders even though both of these require Congressional action? Why would the Congress be okay with the executive branch making regulations that have the force and effect of law?


 * 2. Together, all of the presidents have issued over 13,000 executive orders. There are approximately 200 volumes in the Code of Federal Regulations, which contains the rules created by executive agencies under the president. Many of these executive orders and most of these regulations claim the authority of law to directly control private people's actions and property. How does this violate Article 1 Section 1?**

An example of what Congress does can give us some insight as to why. Congress passes a law - let's say a law saying they want a clean air policy. Then, the Congress creates broad rules and procedures and leaves the details in the hands of the EPA - the Environmental Protection Agency, an unelected executive agency in the bureaucracy. The role of the EPA should be simply to enforce the clean air policy passed by Congress. However, when Congress passed the law, they lef the details of the law in the hands of the EPA. Therefore, the EPA makes the rules that all farmers and businesses are required to obey or be punished for violation of the law - the law that the EPA detailed. See what happened? Congress removed itself from all political liability if the new EPA regulations upset some people. It'll be easier for members of Congress to win re-election (keep in mind the EPA isn't elected - they get jobs through being hired like any of us). A representative or senator can look good by telling voters "I wrote a stern letter of concern to the EPA." No big deal - no consequence - business owners must comply though. The Congress comes out looking like the heroes wanting clean air, the unelected EPA takes the rap and there's no authority except the president over the EPA and a president unfriendly to business wouldn't stop the EPA. Take our coal industry and the EPA regulations that have led to layoffs in the coal industry. Those against these regulations are upset with the EPA, but can't do anything about it. If Congress had passed the laws that in effect the EPA did, members of Congress could be voted out. People can't vote the EPA out of office - Congress avoids responsibility. This is important when you're voting for a member of Congress - hold them accountable.


 * 3. How can you answer people who argue that if we required Congress to pass all of the laws, rather than allowed administrative agencies to pass regulations, Congress wouldn't have time to enact all of the laws we need?**

What about presidents putting troops into combat without a declaration of war? Article 1 Section 8 gives Congress the power to declare war. Why does Congress allow this? Same basic idea as above. Congress doesn't take the responsibility. If we go to war when a president wants to, Congress can support it when it's going good and look good and criticize the president when it's going bad and STILL look good. This the case in the war in Iraq beginning in 2003. President George W. Bush sent troops into Iraq after Saddam Hussein. Congress authorized going to war, including votes in favor by high ranking Democrats such as John Kerry (who ran against Bush in 2004) and Hillary Clinton. When the war was lasting longer than expected, many of those who voted yes to authorize war became some of the most outspoken members of Congress against the war. When Congress doesn't take an official declaration of war vote, they avoid responsibility. The Supreme Court has not taken up cases on this matter. Lower courts have allowed presidents to commit troops into combat without a declaration of war when cases have come up. Vietnam was allowed since Congress approved the funding. Iraq was allowed since Congress passed authorization for the president to use force. In the court case Doe v. Bush, the authorization for war in Iraq was challenged (this wasn't at the Supreme Court - lower federal court) with a ruling that said there was no issue since Congress and the President weren't at odds about the war. This ruling makes it seem to be more of a president-Congress problem. This court ruling said it would only be an issue of the president and Congress were at odds about sending troops into combat.


 * 4. Why is it important for Congress to declare war, rather than for our nation to enter into war solely upon the decision of the president?**


 * 5. Since World War II, a number of presidents have sent troops to war (Korea, Vietnam, etc) without making a declaration of war. What provision of the Constitution is violated by this practice even if Congress authorizes the funding and the action?**

Executive orders are issued by the president or executive agencies. In 1952, Youngstown Sheet and Tube v. Sawyer was a court case based on a steel union that was going to strike during the Korean War. President Truman ordered the Commerce Department to seize the mills saying it was necessary for the war effort. The court ruled that this action was unconstitutional. The courts have upheld executive actions with congressional approval. In 1984, an environmental group sued Chevron for violation of EPA rules. The EPA claimed it had administrative discretion. The Supreme Court allowed them to make rules. Agencies are allowed to make rules (based on court decisions) as long as the Congress doesn't prohibit those rules. This means that the Congress can now give executive agencies a lot of power. This is not the original intentions of the Founding Fathers. This makes us less of a republic. Some argue that without the regulations made by executive agencies the Congress would be too busy. However, remember that the Congress has expanded its power through the Commerce and General Welfare Clauses. If Congress acted within the original intent of both of these clauses, it wouldn't be too busy.


 * 6. How did the Youngstown Sheet and Tube v. Sawyer decision limite the president's powers?**

Article 2 Section 2 says the president has the power to make treaties on the consent of 2/3 of the Senate. Executive agreements have been upheld by the Supreme Court as well. In 1933, Franklin D. Roosevelt granted recognition to the Soviet Union. In an executive agreement the U.S. agreed to turn over all Russian assets. A Russian insurance company had a large sum of money in a New York bank. The U.S. sued to take that money and give it to the USSR based on the executive agreement with Communist Russia. The Supreme Court ordered the New York bank to send the money to the USSR. FDR's private agreement with the USSR (executive agreements don't come with Senate approval) overrode New York's law protecting the company. The case was United States v. Pink 1942. Ever since then there have been over 5,000 such agreements - no Senate approval.


 * 7. What are the "treaties" called by the White House and State Department that are made by presidents without Senate approval? How do these agreements violate the Constitution?**

The Founding Fathers intended us to be a nation of laws, not a nation of men. Our institutions have been steadily growing in power as our individual freedom and our Constitution have been taking a hit.

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