The Executive

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The Executive
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HistoryConstitutional DesignThe Singular and
Plural ExecutiveConstitutional PowersThe Rise
of Presidential PowerOrganizing the
PresidencyDeterminants of Presidential
PowerControversiesThe Governors OfficeCity
and County ExecutivesThe Executive and the
BureaucracyTypes of AgenciesBureaucratic
PowerRule MakingBureaucracy and Democracy
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Political WingBureaucratic Wing
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PresidentGovernorMayorCounty JudgeCity Manager
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Elected / AppointedSingular / Plural
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History

• Executive Power historically meant the absolute
  power of the monarch

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The evolution of free societies went hand in hand
with the efforts to reduce the powers of the
monarch. The stories are one and the same.
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Magna CartaKing John
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Key Limitation

• Habeas Corpus

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Problem Monarchs

• Henry VIIIJames ICharles I

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The Divine Right of Kings

• Is the King the embodiment of law, or beneath law?

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Grievances against George III
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Consequence

• No national executive established in the Articles
  of Confederation. But the lack of key

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The U.S. Executive

• Article II

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The White HouseThe Bureaucracy
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The Texas Executive

• Article IVArticle VII

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The GovernorThe Texas Bureaucracy
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George Washington

• The model for the presidency

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Key Design feature of the National Executive

• Singular

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Article II, Section I

• The executive Power shall be vested in a
  President of the United States of America.

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Energy in the Executive

• - Independence from Congress- Ability to lead in
  times of crisis

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Unity in the executive makes leadership possible
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The Four Year Term, between the 2 year House
term, and the 6 year Senate term, made the
president independent of both. So did the
Electoral College.
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But the Senate was given advice and consent
powers in order to contain the president in terms
of staffing the executive and judiciary and
setting foreign policy.
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Energy in the Executive is a leading character in
the definition of good government. It is
essential to the protection of the community
against foreign attacks it is not less essential
to the steady administration of the laws to the
protection of property against those irregular
and high-handed combinations which sometimes
interrupt the ordinary course of justice to the
security of liberty against the enterprises and
assaults of ambition, of faction, and of anarchy.
Every man the least conversant in Roman story,
knows how often that republic was obliged to take
refuge in the absolute power of a single man,
under the formidable title of Dictator, as well
against the intrigues of ambitious individuals
who aspired to the tyranny, and the seditions of
whole classes of the community whose conduct
threatened the existence of all government, as
against the invasions of external enemies who
menaced the conquest and destruction of Rome.
Federalist 70
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The Presidents Powers

• Expressed Defined in the ConstitutionDelegated
  Granted to the President by Congress

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Both are controversial
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Expressed powers can sometimes be ambiguous due
to the loose language of the Constitution
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Delegated powers are argued by some to (1) allow
the President-and the bureaucracy-more discretion
than was intended by the founders, and (2) expand
the scope of power beyond what was intended.
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Expressed Powers

• MilitaryJudicialDiplomatic Executive
• Legislative

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Military

• Article II, Section II The President shall be
  Commander in Chief of the Army and Navy of the
  United States, and of the Militia of the several
  States, when called into the actual Service of
  the United States Article II, Section III
  . . . and shall Commission all the Officers of
  the United States.

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Military
But Congress has considerable Military Powers as
well. Recent Conflicts - War Powers
Resolution- Detainment of terrorist suspects
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Judicial

• Article II, Section II . . . shall appoint
  Ambassadors, . . . Judges of the supreme Court.
  . . . he shall have Power to Grant Reprieves
  and Pardons for Offenses against the United
  States, except in Cases of Impeachment.

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Diplomatic

• He shall have Power, by and with the Advice and
  Consent of the Senate, to make Treaties, provided
  two thirds of the Senators present concur and he
  shall nominate, and by and with the Advice and
  Consent of the Senate, shall appoint Ambassadors,

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Executive

• . . . he may require the Opinion, in writing,
  of the principal Officer in each of the executive
  Departments, upon any subject relating to the
  Duties of their respective Offices. . . .
  shall appoint Ambassadors, other public Ministers
  and Consuls, . . . and all other Officers of the
  United States, whose Appointments are not herein
  otherwise provided for, and which shall be
  established by Law but the Congress may by Law
  vest the Appointment of such inferior Officers,
  as they think proper, in the President alone, in
  the Courts of Law, or in the Heads of
  Departments.
• . . . The President shall have Power to fill up
  all Vacancies that may happen during the Recess
  of the Senate, by granting Commissions which
  shall expire at the End of their next
  Session.he shall take Care that the Laws be
  faithfully executed,

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Legislative

• He shall from time to time give to the Congress
  Information of the State of the Union, and
  recommend to their Consideration such Measures as
  he shall judge necessary and expedient he may,
  on extraordinary Occasions, convene both Houses,
  or either of them, and in Case of Disagreement
  between them, with Respect to the Time of
  Adjournment, he may adjourn them to such Time as
  he shall think proper The President can veto
  legislation, subject to override by a two-thirds
  vote in each chamber of the legislature.

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Checks and Balances

• How is the Executive checked by the other two
  branches? How can the executive check those
  branches?

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Areas of controversy

• Executive PrivilegeCan Congress subpoena
  members of the presidents administration?Signin
  g Statements

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United States v. Nixon
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Delegated Powers

• Interstate Commerce ClauseNew DealGreat Society

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Historic Dispute

• The Second National BankAndrew Jackson argued
  that it was not supported by the necessary and
  proper clause.

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Interstate Commerce Clause
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New Deal

• Increased regulation of the economy
• Securities and Exchange Commission
• The Wagner Act Labor Unions
• Social Security
• Work Projects
• Problems with Supreme Court until 1937

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Great Society

• Civil Rights Act
• Voting Rights Act
• Medicare
• Medicaid
• Head Start
• Education
• No serious constitutional challanges

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The Rise of Presidential Power - Part 1

• The Legislative EpochThe Modern PresidencyThe
  Post-Modern Presidency

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The Rise of Presidential Power - Part 2

• King CaucusParty ConventionsThe Primaries

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War and the Rise of Presidential Power

• FDRs First Inaugural AddressCrisis leads to
  increased executive power

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What makes for a powerful President?

• PersuasionHigh Levels of Popularity

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The Institutional Presidency

• The CabinetThe Executive Office of the
  PresidencyThe White House Staff

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The Cabinet
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The Executive Office of the Presidency
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The White House Staff
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Determinants of Presidential Power
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Persuasion
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Controversies
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The Governors Office
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City and County Executives
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The Executive and the Bureaucracy
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Types of Agencies
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Bureaucratic Power
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Rule Making
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Bureaucracy and Democracy