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The Presidency, The Media, and the Bureaucracy
The Executive Branch and the Media
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Presidential System v. Parliamentary
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Presidents v. Prime Ministers
Presidential System - President An American invention Win an election/voted into office Cabinet is chosen from outside of Congress Presidents are not necessarily party loyalists/elites No guaranteed majority in Legislature (Congress) Parliamentary System – Prime Minister Common in Democracies Chosen by the legislature themselves Cabinet is selected from the parties that chose the Prime Minister Prime ministers are party elites (also a member of Parliament) Guaranteed majority in the legislature (Parliament)
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Divided Government Because the presidential system has no guaranteed majority in the legislature, there can be a divided government Divided Government = one party that controls the White House and another controls one or both houses of Congress Our government has been divided more than 20 times since the 1950s The belief is that divided government causes partisan bickering and gridlock Gridlock = the inability of the government to act because rival parties control different parts of government
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Is Policy Gridlock Bad? Divided governments produce as much important legislation as unified ones Unified governments aren’t even unified all the time – Congress and the President would need to be the same ideological party to be truly unified The only way to fix gridlock would be to change our system to a parliamentary system and have a prime minister that has the ability to decide laws A lot of Americans like the idea of someone being able to block a policy or law that they do not agree with Gridlock is a necessary consequence of a representative democracy
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Critical Thinking Questions
Comprehension – Summarize What is policy gridlock and what is one of the causes? Evaluation – Opinion What is your opinion on policy gridlock? Is it a bad thing, good thing, does it even matter?
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The History of the Presidency and its evolution
founders The 1st Presidents and The Jacksonians Some were worried that the “commander in chief” could overpower state militias or citizens Helped influence the 2nd amendment Worried about the peaceful transition of power Also worried about how the President would be elected didn’t want a quasi-parliamentary system because Congress might be able to control the President but voters would not be informed enough = electoral college Washington set the precedent of the peaceful transition of power – stepped down after 2 terms The first four President’s established the legitimacy of the Presidency The country changed during Jacksonian era – the relations between the President and Congress change Jackson was a popular military war hero He vetoed bills based on policy instead of just on constitutional grounds Set the precedent for future President’s to do the same
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History of the Presidency Continued
Reemergence of Congress Post-new Deal Presidency The Presidency was viewed as a negative force against Congress until the New Deal The Presidency then becomes a source of initiative and leadership After the 1930s, Congress started responding to the Presidency, not the other way around as it was before the New Deal Post-Jackson – the Presidency for 100 years was the subordinate branch of government – to Congress The only Presidents during this time that exerted more power were Lincoln, Polk, and Cleveland
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Qualifications to be President
35 years old Natural-Born US Citizen Sorry Arnold Schwarzenegger Resided in the US for 14 years
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The Presidency and the Constitution
The constitution gives the following powers to the President – Expressed Powers Commander in Chief Commission Officers of the Armed Forces Grant Pardons Convene Special Session of Congress Receive Ambassadors Execute the Laws Executive Orders/Power Appoint Officials and Judges Make Treaties Approve or Veto Legislation
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Informal Powers of the Presidency
Executive Agreements/Orders – the Constitution states Executive Power, but does not specify Media – Bully Pulpit (continued later) “Agenda Setter” – the issues they discuss become paramount ie. school lunches under Obama Meet with World Leaders Crisis Manager International Coalition Building Foreign Policy and Diplomacy Party Ties – Policy Leadership Symbolic President – head of state, image is important Controlling the Bureaucracy
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Crash Course – Presidential Powers
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Executive Action – Critical Thinking Assignment
Read the Howell Article on the website “Executive Power – A Robust Presidency” Write a summary of the article and analyze the pros and cons of executive actions on our country. Use current examples to support your analysis (1 page long) Read pages (stop at Power to Say No); Skim through chapter 12 on The Media, focusing on pages
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The Power to Persuade Persuasion can help the President establish more power They are the ceremonious head of state and the commander in chief They have 3 audiences His fellow politicians and political leaders – most important audience Party activists and officeholders throughout the country The general public President learns quickly that everything they say will be scrutinized by the media and thus the general public Instead of impromptu remarks (which could get them in trouble), Presidents usually make formal speeches – the use of the bully pulpit Bully pulpit = the president’s use of his prestige and visibility to guide or enthuse the American Public More recently, Obama has used social media and other platforms to persuade
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Bully Pulpit and Presidential Persuasion
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The Media and the Presidency – The Media’s Roles
Gatekeeper – The national media can influence what subjects become national political issues and for how long Scorekeeper – They keep track of and help make political reputations, note who is “mentioned as a presidential candidate, and help decide who is winning and losing in Washington politics Watchdog – Once the scorekeepers decide you are the one to watch, then they assume their watchdog role, giving close scrutiny to everything you do Gatekeeper: MSNBC Women's March MSNBC Right to Life March Scorekeeper: Fox News Republican Primary Fox News Democratic Primary Watchdog: CNN Hillary's s CNN Trump's Star of David Tweet
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Horse-Race Journalism
Coverage that focuses on who is ahead rather than the issues
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is the National Media Biased?
Go to each of the following big national media names and find at least 3 instances of clear bias in politics, preferably surrounding the Presidency: Fox News MSNBC CNN What makes these instances biased? Do you think it will affect or affected the way people vote or how they view the Presidency? Why is media bias such a big deal in American politics? How can we teach others to be aware of media bias and to view politics from multiple perspectives?
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Presidential Popularity
Goal is to convert popularity into Congressional support for the President’s preferred policies Congress members used to ride the President’s “coattails” in order to help themselves, but that does not happen much anymore Congress knows it is risky to oppose too adamantly the policies of a popular president The problem is that Presidential popularity is hard to predict and cannot be controlled Every president except Eisenhower, Reagan, and Clinton lost popular support between his inauguration and the time he left office
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Power to Say No Pocket Veto = A bill fails to become law because the president did not sign it within 10 days before Congress adjourns If congress is still in session, a bill not signed automatically becomes law Veto message = the message that the president sends to congress within 10 days of a bill being vetoed explaining why he will not sign it Bill vetoed and delivered with a veto message can be overturned with a 2/3 vote in both houses – very rare Line-item veto = most governors have the ability to get rid of some provisions of a bill without vetoing the entire bill – the President does not have this power
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Executive Privilege Constitution states nothing about allowing the President to maintain confidentiality, but the power has been assumed The first time the confidentiality issue was looked at was with Nixon and Watergate in US v. Nixon – which decided that the President could be required to divulge info relating to a criminal prosecution Nixon v. Fitzgerald – President cannot be sued while in office Clinton v. Jones – President may be sued for actions taken before he took office
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Does Executive Privilege Still Exist?
In groups of 4, research a recent example of when executive privilege (use of confidentiality or executive power) was used under one of the following Presidents Clinton (ie. Lewinsky scandal) Bush (ie. Guantanomo, waterboarding, etc) Obama (ie. drone use, NSA surveillance, etc) Was their use of executive privilege controversial? Should they be allowed to use that executive privilege? Why or why not? When you are finished researching, write a 5-6 point FRQ with a rubric (you must have at least one “describe” and 2 “explain” questions)
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Executive Branch – The Bureaucracy
The office of the White House and other Federal Agencies
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The office of the President and the White House
Pyramid Structure – Clear Chain of Command
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Office of the President Cont.
Circular Structure – Assistants all report to the President President Assistant Secretaries
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Office of the President Cont.
Ad Hoc Structure – Multiple subordinates report to the President but on different issues President Cabinet Committees Task Forces Assistants
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Executive Office of the President
Reports directly to the President but are not in the White House. Office of Management and Budget Director of National Intelligence Council of Economic Advisers (CEA) Office of Personnel Management Office of the US Trade Representative
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Heads of the 15 major Executive Departments
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Executive Agencies The head of these agencies answers directly to the President and can be removed at any time Arms Control and Disarmament Agency Commission on Civil Rights Energy Research and Development Agency Environmental Protection Agency Federal Mediation and Conciliations Service General Services Administration National Aeronautics and Space Administration Postal Service Small Business Administration Executive Office of the President
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Independent or Quasi-Independent Agencies
Members serve for a fixed term and are more difficult to remove Federal Reserve Board – 14 years Consumer Product Safety Commission – 6 years Equal Employment Opportunity Commission – 5 years Federal Communications Commission – 7 years Federal Deposit Insurance Corporation – 6 years Federal Energy Regulatory Commission – 5 years Federal Maritime Commission – 5 years Federal Trade Commission – 7 years National Labor Relations Board – 5 years National Science Foundation – 6 years Securities and Exchange Commission – 5 years Tennessee Valley Authority – 9 years
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Other Independent Agencies
Central Intelligence Agency Commodity Futures Trading Commission Consumer Financial Protection Bureau Federal Elections Commission National Archives and Records Administration National Transportation Safety Board Nuclear Regulatory Commission Securities and Exchange Commission Social Security Administration
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Departments and Agencies Jigsaw
Each Person must select one of the 15 Departments or one of the many Federal Agencies Research your agencies using their .gov webpages and write a summary of their purpose You also need to gather the following information: Date created Number of current employees Current head of the department or agency When you are finished researching, rotate and teach your classmates about the department or agency you were assigned.
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Government By Proxy The federal government pays state and local governments and private groups to administer federal programs Social security Medicare Environmental protection DMV Covered California Many times federal grants contribute money to the state and local bureaucracies to do the federal government’s work
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Bureaucracy and Federalism
In the past, bureaucracy was not as big as it is now The size of today’s bureaucracy is due to the New Deal after the Great Depression The wave of cooperative federalism after the 1930s came with the idea that the federal government was expected to play an active role in solving social and economic problems Social Security Administration is created Federal Income Taxes are established 9/11 and the War on Terror has caused an even bigger growth in the bureaucracy Department of Homeland Security Growth in NSA programs
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The size and Power of the Bureaucracy
The number of employees only matters if those employees are given important tasks to do The power of the bureaucracy depends on their discretionary authority The extent to which appointed bureaucrats can choose courses of action and make policies not spelled out in advance by laws Congress has delegated authority in 3 areas: Paying subsidies to groups and organizations (ie: farmers, veterans, scientists, schools, hospitals) Transferring money from the federal to state and local governments (grants) Devising and enforcing regulations for various sectors of society (ie: food, prescription drugs, etc)
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How do you get a job in a federal agency?
Federal civil service is designed to be based on merit – competitive service You have to pass a written exam or meet certain education/professional criteria Only 3% of employees are appointed on grounds other than merit By the President Confidential Security Clearances Most bureaucrats find the jobs themselves, apply, take an exam, and get hired Others are hired on a name-request basis Filled by a person whom an agency has already identified – the buddy system – they are referred from a friend in the system Civil Service Exams and Jobs USAJOBS Website
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How to Fire a Bureaucrat
Written notice 30 days in advance Written notice must contain statement of reasons, with specific examples Right to have an attorney apply to the charges Right to appeal any adverse action to the Merit Systems Protection Board The Board must grant the employee a hearing Employee can appeal the Board decision to a US Court of Appeals
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Constraints on the Bureaucracy
Much greater constraints than on private businesses, including: Before adopting new rule, agency must give notice, get comments and hold hearings about it Citizens have the right to inspect all government records except those that could harm national security Before affecting the environment, must issue an environmental impact statement Every part of every agency meeting must be open to the public except national security Congress usually splits tasks between multiple agencies Drug trafficking – Customs, FBI, DEA, Border Patrol, DoD Causes the following behaviors: Government acts slowly Government acts inconsistently Easier to block action than to take action Citizens will complain of red tape The complex rules and procedures that must be followed to get anything done
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Crash Course
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Multiple Choice Practice
Which of the following is a member of the White House staff? Chair of the Federal Reserve Board National Security Advisor Secretary of Commerce Ambassador of the UN Attorney General Which of the following describes the primary formal role of the Attorney General Providing legal advice for the president and cabinet secretaries Serving as liaison between the president and the Supreme Court Serving as the Chief Executive Officer of the Department of Justice Directing the Government Accountability Office Persuading the Senate to confirm the President’s judicial nominees
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Iron Triangles – Must Know!
The relationship between an agency, a committee, and an interest group Eg. Department of Veterans Affairs, House and Senate Committees on Veterans Affairs, and veterans’ organizations (like the American Legion) The department does what the committees want and get political support/budget appropriations in return The committee members do what interest groups want and in return get votes and campaign contributions
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Congressional Committees
Issue networks Interest Groups Media Congressional Committees Think Tanks Universities Bureaucracy A network of people in interest groups, on congressional staffs, in universities and think tanks, and in the mass media who regularly discuss and advocate public policies
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Congressional Oversight
Authorization Legislation – permission to begin or continue a government program or agency Appropriations – Legislative grant of money to finance a government program or agency Trust Funds – Funds for government programs collected and spent outside the regular government budget Legislative Veto – The authority of Congress to block a congressional action after it has taken place (Supreme Court said this power is unconstitutional) Congressional Investigations – issuing subpoenas, holding hearings, charging individuals
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The 5 major problems with Bureaucracy
Red Tape – complex rules and procedures Conflict – some agencies are working at cross purposes with other agencies (one tells farmers to be more efficient, the other gives subsidies for growing less crops) Duplication – 2 agencies that do the same thing (Customs and DEA both try to intercept narcotics) Imperialism – tendency of agencies to grow without regard to the benefits that their programs confer (too big for their own good) Waste – spending more than necessary ($30000 toilet seat)
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Controlling Bureaucracies
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Multiple Choice Practice
In the process and structure of public policy making, “iron triangles” refer to Bargaining and negotiating process between the President and Congress about the direction of domestic policy Dominance of corporate power in setting the national policy agenda for economic expansion Interrelationship among federal, state, and local government in the policy process Networks of congressional committees, bureaucratic agencies, and interest groups that strongly influence the policy process Group of presidential advisers who formulate the president’s foreign policy agenda Which of the following is an example of congressional oversight? Holding hearings for review of an executive agencies activities Assisting constituents with particular problems Reporting campaign contributions to the FEC Signing trade agreements with other countries without the input of the President Conducting ethics investigations of congressional leadership
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