Lecture 12-1

Executive Branch in General - Concepts

• Administration vs Bureaucracy

• President, WHS, EOP

• Cabinet

• Departments (Cabinet Level agencies) collections of agencies

• Independent agencies

Roles of the President

• Chief Executive (Head of Government)

• Chief of State/Chief Citizen

• Chief of Party

• Chief Diplomat

• Chief Legislator

• Chief of Party

• Commander in Chief

• Presidents often combine the roles to add to the power of each

President’s Executive Powers

• Executive Orders (Ordinance Power)

• Appoint Executives

The Cabinet

• Composed mainly of the heads of the 15 executive departments and does NOT formally share decision making power with the president

• Inner Cabinet more influential and is composed of state treasure defense and the attorney general

• Outer cabinet, the other members. Usually more interested in and responsive to their constituencies than in broad questions of national policy

• How important is the cabinet?

• It is NOT

White House Staff

• Headed by the Chief of Staff – the true “assistant president”

• Give the president advice (WHS is the chief advisory group to the president NOT the cabinet)

• Sets legislative strategy

• Keeps a check on the bureaucracy

• Reviews the performance of executive departments

• Plans the president’s time

• Says “no” for the president

• Is organized differently with different presidents (circular vs pyramid)

Executive Office of the President (EOP)

• Office of Management and Budget develops the budget, reviews legislation, and monitors implementation of the president’s program.

• National Security Council provides the president information on all national security issues – both foreign and domestic.

• CEA, OPD and others

Vice-President

• Until the 1940s VPs served largely ceremonial roles

• President over the last 20 year have expanded the role of the VP

• NOT truly an “assistant president”

Presidential Disability and Succession

• Twenty-fifth amend allows for a temporary disability of the president

• Specifies that the VP actually becomes president

• Provides for filling a vacancy in the VP

• Succession beyond the VP is fixed by the presidential Succession Act of 1947

Presidents Diplomatic Powers

• The president has the most unchecked power in the area of foreign policy

• Negotiate Treaties (Senate Approval)

• Negotiate Executive Agreements (NO Senate Approval)

• Appoint Diplomats (Ambassadors)

• Diplomatic Recognition

President and Congress – Foreign Policy

• Balance of power between the President and Congress shifts over time.

• Treaties – formal agreements between two or more nations. Requires 2/3 Senate approval. Getting Senate input during negotiation a good idea.

• Executive Agreements – agreements between the heads of government. Not Senate approval required

President and Congress – War Power

• War power is divided between congress and the president

• Only congress may declare war.

• Congress need not “declare war” but MUST authorize MAJOR military operations

– Gulf of Tonkin Resolution

– First and current Gulf wars

President and Congress – War Power

• War Powers Resolution of 1973 in a Congressional attempt to limit the presidents de facto war making power

• Never tested in court – possible standing issues. Political Question

President and Congress – War Power

• Congress’s War Powers

– Declare War

– Fund the military

– Regulate the military

– Fund and regulate the National Guard

– Confirm Secretary of Defense and other civilians in Defense Department (Senate)

– Confirm high ranking military officers (Senate)