Executive Branch: Presidency & Bureaucracy PDF

The Executive The Presidency and the Bureaucracy The Presidency in the Constitution Article 2, Section 1 Terms: 4-years (22nd Amendment limits to only 2 terms) Chosen along with a Vice President Qualification...

The Executive The Presidency and the Bureaucracy The Presidency in the Constitution Article 2, Section 1 Terms: 4-years (22nd Amendment limits to only 2 terms) Chosen along with a Vice President Qualifications: Age = 35 & “natural-born citizen” Indirectly elected via electoral college  Presidential Powers Expressed powers: stated in text of Constitution Source: Article 2, Section 2 Implied powers: to carry out expressed powers Sources: The vesting clause, the “take care” clause, and the Oath of Office Delegated powers: powers delegated from Congress Source: Article 1, Section 8 (powers  Military President is Commander-in-Chief of US military Types of Foreign Expressed Leads military and intelligence campaigns abroad Powers Domestic May send troops into states Usually during emergency or crisis  Judicial Grant pardons, reprieves, and amnesty But only in federal cases Types of Pardon power is often the source of Expressed controversy Powers Unanswered questions: Can a president self-pardon? Can a pardon be issued for crimes that haven’t been committed yet? Can a president pardon political allies? Can a president sell a pardon? Discussion Should there be any limits on the presidential pardon power, and if so, what should those limits be? Does the pardon power undermine the rule of law or the concept of justice?  Diplomatic President is the Head of State: Represents the US on the world stage Types of Negotiates agreements with Expressed other countries Powers Treaties: require 2/3s Senate approval Executive agreements: same force of law as treaties; don’t require Senate approval Recognizes countries; receives foreign dignitaries &  Executive Appoints and executive officers and federal judges Must be approved by Senate Types of (Advice and consent) Expressed Executive privilege (implied power): withhold information from the Powers public, Congress, and judiciary in the interest of carrying out executive role US v. Nixon: executive privilege does not apply to information sought in a criminal investigation  Legislative Approve or reject legislation passed by Congress Approve: Sign Types of Reject: Veto Expressed Veto override: Congress may override (2/3s vote in both Powers chambers) Reject: Pocket veto Executive orders (implied power): have the force of law but can be rescinded by later presidents Presidential Immunity Can a president be prosecuted for crimes committed while in office? Historically, the legal consensus was that if a president commits a crime while in office, they could be prosecuted once they left office Trump v. US (2024): holds that presidents are immune from prosecution for any crime that is related to an “official act” Discussion Should presidents be immune from prosecution for committing a crime while in office? If so, why? If not, should prosecution wait until after the president’s term is up?  Vice President Only 2 Constitutional responsibilities: President of the Senate: Presides over the Senate (which they rarely do) Cast tie-breaking votes in Senate Take place of president in death, incapacity, resignation, or removal The Cabinet Cabinet: the Secretaries (heads) of the 15 executive departments in the bureaucracy Cabinet members are presidential appointees Subject to Senate approval Once confirmed, Cabinet members are accountable to president, not Congress May sometimes testify before congressional committees What is the Bureaucracy? The bureaucracy makes up most of the executive branch and is led by the president Bureaucracy translates literally to “rule by desk” It is a large and complex network of departments and agencies Responsible for executing, or implementing laws Implementation: taking broadly written laws passed by Congress and translating them into action  Who are Bureaucrats? Pre-1883: “The Spoils System” Government positions were given as out as patronage to political loyalists Patronage: Reward given for political support 1883: “The Merit System” (Civil Service Act) Those taking positions must be qualified Education & experience + competitive exams Those in positions can’t be fired without cause Protects against political influence or retribution Discussion Should presidents have more control over staffing the bureaucracy, or does the merit system better protect government agencies from political interference? How Big is the Bureaucracy? Approximately 2.8m civilian + 1.3m military employees In both absolute and relative terms, the bureaucracy is smaller than it used to be Absolute numbers: Civilian: 3m (1968) to 2.8m (2019) Military: 3.6 (1968) to 1.3m (2019) Relative numbers (% of total workforce): Bureaucracy has a Bad Reputation Bureaucracy = “Big Government” And we know most Americans distrust big government Common criticisms of the bureaucracy? It’s slow (not good in emergency or crisis) It’s inefficient (“Red Tape”) It can undermine the will of elected government The Bureaucracy is Necessary The bureaucracy makes everything happen Examples of the bureaucracy in everyday life? Congress also needs the bureaucracy Bureaucrats have expertise that most members of Congress don’t Bureaucratic implementation allows flexible interpretation of laws over time