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Questions and Answers
What were the charges related to the second Trump impeachment?
What were the charges related to the second Trump impeachment?
What power is NOT granted to the president by the Constitution?
What power is NOT granted to the president by the Constitution?
What significant historical event does the text compare the independent commission's investigation to?
What significant historical event does the text compare the independent commission's investigation to?
What does the Constitution specify about the president's powers?
What does the Constitution specify about the president's powers?
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What role does Congress have in formalizing international relations?
What role does Congress have in formalizing international relations?
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How have recent presidents interpreted war powers?
How have recent presidents interpreted war powers?
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What is the term used to describe the Senate's strategy of not holding hearings on nominees?
What is the term used to describe the Senate's strategy of not holding hearings on nominees?
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What significant action was taken by Senate majority leader Mitch McConnell regarding Supreme Court nominations?
What significant action was taken by Senate majority leader Mitch McConnell regarding Supreme Court nominations?
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What was the number of employees working in the White House recently reported to be?
What was the number of employees working in the White House recently reported to be?
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Which position is considered the most important member of the president's personal staff?
Which position is considered the most important member of the president's personal staff?
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What significant change occurred when Donald Trump became president regarding Supreme Court nominations?
What significant change occurred when Donald Trump became president regarding Supreme Court nominations?
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How has the size of the White House staff changed over the years?
How has the size of the White House staff changed over the years?
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How have presidential powers evolved regarding executive privilege?
How have presidential powers evolved regarding executive privilege?
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What was one of the main reasons for the expansion of presidential powers throughout the twentieth century?
What was one of the main reasons for the expansion of presidential powers throughout the twentieth century?
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What characterized the judicial nomination process by presidents in recent decades?
What characterized the judicial nomination process by presidents in recent decades?
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Which of the following best describes the function of regulatory agencies?
Which of the following best describes the function of regulatory agencies?
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What is a primary role of the Securities and Exchange Commission (SEC)?
What is a primary role of the Securities and Exchange Commission (SEC)?
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What distinguishes a government corporation from other types of bureaucratic agencies?
What distinguishes a government corporation from other types of bureaucratic agencies?
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How do government corporations differ from private corporations in terms of profit distribution?
How do government corporations differ from private corporations in terms of profit distribution?
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What personal consequence might a bureaucrat face for reporting misconduct?
What personal consequence might a bureaucrat face for reporting misconduct?
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What is one of the consequences of heightened skepticism towards government inefficiency in the 1970s?
What is one of the consequences of heightened skepticism towards government inefficiency in the 1970s?
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What is often a challenge for insiders in bureaucracies when reporting issues?
What is often a challenge for insiders in bureaucracies when reporting issues?
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What is a primary characteristic of the federal bureaucracy in the United States?
What is a primary characteristic of the federal bureaucracy in the United States?
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Which of the following is NOT one of the four general types of bureaucracies in the U.S. government?
Which of the following is NOT one of the four general types of bureaucracies in the U.S. government?
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Who is appointed to head a cabinet department in the U.S. government?
Who is appointed to head a cabinet department in the U.S. government?
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What is a key feature of the structure within a cabinet department?
What is a key feature of the structure within a cabinet department?
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Which of the following statements about independent executive agencies is true?
Which of the following statements about independent executive agencies is true?
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What distinguishes the roles and responsibilities within the Department of Justice from other cabinet departments?
What distinguishes the roles and responsibilities within the Department of Justice from other cabinet departments?
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Study Notes
Impeachment History
- Impeachment of a U.S. president is rare, with only three trials in the last 25 years.
- Two of the five most recent presidents have faced impeachment.
- The most recent impeachments were due to:
- "Abuse of power" and "obstruction of Congress"
- "Incitement of insurrection"
- The first impeachment of a president was Andrew Johnson, but he was not removed from office.
- Bill Clinton was impeached, but not removed from office.
- The first impeachment that led to removal from office was Donald Trump, but it involved a president who had already left office.
Presidential Powers
- Article II of the U.S. Constitution outlines the President's powers:
- Commander-in-chief of the armed forces.
- Negotiates treaties with Senate consent.
- Receives foreign representatives.
- "Take care that the laws be faithfully executed."
- Pardons convicted of federal offenses (except impeachment).
- Presents information on the state of the union to Congress.
- Calls Congress into session.
- Vetoes legislation (Congress can overturn with 2/3 vote).
- Recommends legislation and policy.
- Nominates federal judges, including Supreme Court justices, and other federal officials.
- Makes military and diplomatic appointments.
Expansion of Presidential Powers
- Early presidents, including George Washington and John Adams, began expanding the president's authority beyond the Constitution's formal powers.
- Key areas of expansion include:
- The establishment of a cabinet consisting of heads of executive departments.
- The issuance of neutrality proclamations, extending the president's role as diplomat-in-chief.
- Waging undeclared wars (e.g., Quasi-War between U.S. and France).
- Negotiating territorial gains (e.g., Louisiana Purchase by Jefferson).
- Issuing the Monroe Doctrine asserting U.S. influence in the Western Hemisphere.
- Utilizing the veto for policy purposes (Jackson was first to utilize this extensively).
- Broadening presidential war powers (particularly by James K. Polk).
- Lincoln using war powers during the Civil War:
- Suspending the writ of habeas corpus.
- Issuing the Emancipation Proclamation.
Modern Executive Power and Expansion
- Presidents have continued to expand their power throughout the 20th and 21st centuries, relying on broad interpretations of Article II.
- Key aspects of this expansion include:
- Growth of the federal bureaucracy, including agencies like the Secret Service and FBI.
- Assertion of executive privilege, withholding information from other branches of government.
- Increased use of executive orders, rules that have the force of law.
- Signing statements to interpret legislation as it's signed into law.
- Increased use of executive agreements in foreign policy, bypassing Senate treaty approval.
- Expanding the president's role in budgeting.
- The use of "malign neglect" by the Senate by refusing to hold hearings on presidential nominations.
- The use of the "nuclear option" by Republicans in the Senate to break filibusters on judicial nominations.
White House Staff
- The White House staff has grown significantly, employing over 450 people.
- The staff comprises:
- Personal staff (including the Chief of Staff).
- Advisers (e.g., National Security Adviser).
- Political advisers.
- Speechwriters.
- Press secretary.
- The Executive Office of the President includes advisory bodies like the Council of Economic Advisers, National Security Council, and Office of Management and Budget.
Bureaucracy
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A bureaucracy refers to a government unit established to achieve specific goals and objectives authorized by a legislative body.
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The U.S. federal bureaucracy enjoys significant autonomy compared to other countries due to the size of the federal budget and the lack of clearly defined lines of authority within many agencies.
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Bureaucratic actions are subject to judicial review, exemplified in the case of Schechter Poultry Corp. v. United States (1935), which highlighted the potential for boundless agency authority.
Types of Bureaucracies
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Cabinet Departments:
- These are major executive offices directly accountable to the President, including the Departments of State, Defense, Education, Treasury, etc.
- They are headed by Secretaries appointed by the President and confirmed by the Senate.
- Each department possesses a tiered, hierarchical structure, with undersecretaries, assistant secretaries, and various bureaus addressing diverse issues through specialized officers.
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Independent Executive Agencies:
- These agencies report directly to the President, with heads appointed by the President.
- They are assigned less broad tasks than Cabinet Departments and are not subject to the regulatory authority of a specific department.
- Prominent examples include the CIA, NASA, and the EPA.
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Regulatory Agencies:
- They emerged in the late 19th century as part of the progressive movement to control the effects of industrialization.
- The first regulatory agency was the Interstate Commerce Commission (ICC) regulating the railroad industry.
- Examples include the Commodity Futures Trading Commission and the Federal Communications Commission (FCC).
- Independent regulatory agencies have greater freedom from partisan influence and therefore hold significant power.
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Government Corporations:
- These agencies administer quasi-business enterprises and provide services influenced by market forces, generally earning enough profit to be self-sustaining.
- They exist to fulfill essential services that the government aims to maintain.
- Examples include the U.S. Postal Service and Amtrak.
Bureaucratic Oversight
- One significant form of oversight comes from within the bureaucracy itself.
- However, bureaucracies often resist criticism, creating challenges for those seeking to report misconduct.
- The Civil Service Reform Act of 1978 established protections for whistleblowers, those who expose wrongdoing within organizations.
- The Merit Systems Protection Board, established by the act, investigates abuse complaints and safeguards whistleblowers.
- Further protections for whistleblowers were implemented through the Whistleblower Protection Act of 1989 and the Whistleblower Protection Enhancement Act of 2012.
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