The President/Executive: Tutorial 1
Initially the Founding Fathers were reluctant to establish the post of President. After all they had just fought a war of independence to escape from the tyrannical rule of an individual. But, rather in the way that the European Union created a Presidency in 2009 so that the member nations could be represented by a single voice on the world state, so the newly United States eventually agreed to the necessity for a US President. Indeed, it is more helpful to compare the EU with the USA than to compare Britain with the USA. Americans view Washington politicians with the same cynical disregard that many Europeans view Brussels, and, in the same way as has happened in Europe, many States were reluctant to give up some of their (new found) independent powers to a remote, centralised government in Washington. The States, like European Nations, have their own legislative assemblies, their own Supreme Courts and their own ‘presidents’, called governors. Most states have bicameral legislatures, although Nebraska has a unicameral assembly.
So, just as in Europe, the Founding Fathers eventually recognised the need for a president and gave that post powers over diplomacy and foreign affairs, but left the powers and responsibilities for domestic affairs with the individual states. Consequently, presidents (like Bill Clinton) are often stronger on foreign affairs and weaker on domestic affairs. It is sometimes difficult for Presidents to push through domestic legislation. We call this a ‘bifurcated’ presidency: strong on foreign affairs, weak on domestic matters. Clinton, a Democrat president, couldn’t even pass his flagship healthcare policy through a Democrat controlled Congress; Obama has struggled to pass his Affordable Care Bill (‘Obamacare’) through and has failed to push through gun control despite feeling strongly about the issue.
The Founding Fathers created a singular executive in the person of the President. This is different to the plural executive of Cabinet government in the UK. The Founding Fathers did not make provision for a Cabinet. All executive power rests with the President. Originally the responsibilities of the president/executive were limited to:
Foreign Policy & Defence
Weights & Measures
Coinage
Territorial Disputes
Postal Services
Relations with Native American Indians
Over the years the power of the president has grown. This has resulted becase of westward expansion, industrialisation, Roosevelt’s New Deal (which saw a huge expansion in the domestic role of the Federal government in the 1930s), the Cold War and modern communications.
The president is, however, the only institution in national government capable of acting quickly in a crisis and the only nationally elected politician. Thus, in a crisis, such as 9/11 or Hurricane Katrina (2005), the American people look to the president for leadership and guidance. Often the office of the President gains in power and influence during a national crisis (eg post-9/11 under G.W. Bush), but then Congress becomes resurgent and reasserts itself, as it did in 2006-8. This demonstrates the ebb and flow of the checks and balances in US government.
Presidents can lose power and popularity in the approval ratings if things go badly for them (eg Carter and the energy crisis). This is known as the backlash effect.
Conversely, Presidents can be extremely popular and consequently more powerful if things are going well for them (eg the fall of the Soviet Union during the Reagan era). This is known as the ‘frontlash’ effect.
The Constitution and the President
The President serves up to two terms of four years. Originally George Washington, the first President, intended to serve for one term, arguing that two-terms made him potentially too powerful (like the tyrant they had fought a war to escape). But he was persuaded to stay for a second term and this became the convention for subsequent presidents (unless they were defeated in election after just one term).
However, Roosevelt broke the convention because of the outbreak of WW2. He died shortly into his fourth term in 1945. In 1947 Congress decided to amend the constitution to ensure no future presidents would hold office for more than two terms. The 22nd amendment was finally ratified by the States in 1951. It is therefore now written into the constitution that a president shall serve no more than two term
In the Constitution the President has formal, enumerated powers (enumerated means numbered, as in Article II, Section1). These are:
Chief executive: the President’s main job is to run the government. He is ultimately in charge of the administrative departments. As Truman once said: “The buck stops here!” He submits an annual budget to Congress (Clinton’s blocked 5 times; Obama faced government shutdown in 2013.)
Presidents nominate executive branch officials. Obama almost lost his nomination of Chuck Hagel as Defense Secretary on a Republican filibuster in 2013. Bush Snr’s nominee to the Defense Secretary post, John Tower, was rejected in 1989 because he was an alcoholic and a womaniser!
G.W. Bush used a ‘recess appointment’ to appoint John Bolton (a bully) as US ambassador to the UN in 2005. Recess appointments can happen when Congress is on holiday and not sitting. Presidents then have the authority to appoint someone to fill the vacancy. Such appointments can stand for the rest of the Congressional term.
Presidents nominate federal judges and justices. Reagan’s nominee to the Supreme Court, Robert Bork (too conservative), was rejected in 1987. Obama failed to replace Scalia before Trump became president. Republican presidents luckier than Democrats. Nixon nominated 4 Supreme Court Justices; Reagan 3 (including Chief Justice Rehnquist); Carter 0; Bush 2 (including Chief Justice Roberts); Obama 2; Trump 1..
Presidents can pardon felons. Ford pardoned Nixon in 1974 after the Watergate scandal. Clinton pardoned 140 on his final day! G.W. Bush pardoned 189 in 8 years.
Presidents can also use ‘executive orders’. These are ‘instructions’ to the administration and within the president’s constitutional power. Obama used them on gun control and fast-tracking citizenship for illegal immigrants. Trump has used them to impose a travel ban on people travelling from six Muslim countries.
Commander-in-Chief: The President is in charge of the United States armed forces. Presidents have used this power to deploy troops abroad. For example, Obama ordered the assassination of Osama Bin Laden in Pakistan.
Chief Diplomat: It is the job of the President to negotiate treaties. These are then submitted to the Senate for a vote under the Senate’s ‘Advice & Consent’ powers. Clinton failed to pass the Comprehensive Test Ban Treaty and refused to submit the Kyoto Protocol (climate change treaty) to the Senate. Presidents are wise not to submit treaties if they are unlikely to pass in the Senate as they make a president look weak. The Senate did not ratify the Versailles Treaty!
Implied roles & powers (these are powers that have developed informally since the Constitution was written):
Chief Legislator: Most legislation initiated by the executive, eg Obamacare. It is set out in the annual State of the Union Address. But even a Congress controlled by the President’s party can veto legislation: eg, Clinton’s healthcare (1994).
Bill signing ceremonies are important because these are formal occasions where a successful bill is signed off. Congressmen who sponsored the bill are at the ceremony, which receives media attention, so they can demonstrate to their constituents that they are hardworking and engaged in ‘pork barrel’ politics.
The President can veto legislation, but…..
The Regular veto is used sparingly (it can be seen as a weakness). Ford used it 66 times; Clinton: 37; G.W. Bush: 12. Reagan used the pocket veto 39 times; Clinton & G.W. Bush just once each.
World leader: the President ‘treads the world stage’. He is often stronger on foreign policy (bifurcated).
Party figurehead: the President is not the official leader of the party. Trump may be a figurehead for the Republicans, but he is not their leader. The president does not always command loyalty from his own party: Clinton’s healthcare bill defeated by a Democrat controlled Congress.
Head of State: The president is a national figurehead in a time of crisis (eg G.W. Bush after 9/11 and after Hurricane Katrina, 2005). The President is the only institution of US government capable of acting quickly & the only nationally elected politician.
The Reasons why a President might be forced to leave office:
There are 4 reasons:-
Impeachment (Clinton was almost forced out this way, though no President has been successfully impeached. Only Clinton and Johnson have faced impeachment trials. Nixon resigned before he was impeached)
Resignation (Nixon is the only President to have resigned)
Loosing the election at the end of the first term (Ford, Carter and Bush Snr)
The end of two terms, when a President has to leave (eg. G.W. Bush and Obama)
Test yourself on the President
What is a bifurcated president?
Why is the USA a hyphenated society?
What is the backlash effect?
What is the frontlash effect?
What formal enumerated powers does the president have?
What informal powers does the president have?
Why might a president have to leave office?
The president and Congress: Tutorial 2
Congress:
Can defeat the President’s legislative proposals (Clinton’s healthcare bill was defeated even by a Democrat Congress)
Exercises oversight over the President (Congressional committees oversee the work of executive departments)
Can refuse a budget (2013: the government faced 'shutdown' over a partisan battle in Congress over the budget)
Can refuse appointments or treaties (eg, Bork: Reagan's nominee to the Supreme Court, 1987; John Tower: Bush Snr's nomination as Defense Secretary, 1989; Clinton's Comprehensive Test Ban Treaty was rejected by the Senate in 1999 ). This is part of the 'advice and consent' powers of the Senate.
Can over-ride a Presidential veto (War Powers Act, 1973)
Can impeach a president for ‘high crimes and misdemeanours’ (Clinton in 1998 was acquitted on a partisan vote)
Note: Towards the end of Nixon’s ‘Imperial Presidency’ Congress began to reassert itself (resurgent). This led President Ford to conclude: “Our Constitution works!” because there was a rebalancing of power. In particular, Congress passed three Acts to further limit the powers of the President:
The Case Zablocki Act 1972 limited his power to use executive agreements without notifying Congress
The War Powers Act 1973 limited his power to commit US troops into action without notifying Congress
The Budget Impoundment Act 1974 limited his power to move money between budget headings (ie from one executive department to another).
Note: an Imperial President is one who can bypass Congress and has ‘absolute’ powers. It stands against what the Founding Fathers intended. Nixon is an example, as are Johnson, Roosevelt, Truman and Eisenhower (and, arguably, Kennedy).
An imperilled president is one who is weak against Congress. Ford is an example, as are Carter and Bush Snr. Typically imperilled presidents are one-term presidents.
The President and the Supreme Court:
The Supreme Court has the power of judicial review to ‘strike down’ a president’s actions as unconstitutional: eg
Nixon’s refusal to hand over the Watergate tapes;
Truman’s attempts to nationalise of the steel mills;
Clinton’s line item veto. This involved Clinton trying to 'cherry pick' parts of a bill when signing it: he vetoed parts of the bill, but kept other parts. This was declared unconstitutional because the constitution either allows the president to veto or sign a bill (or leave it on his desk for 10 days, in which case it becomes law automatically; or, if it is within the last 10 days of a congressional term, leaving it on his desk for 10 days allows what is called a pocket veto because Congress does not have time to pass it).
G.W. Bush: Hamdan vs Rumsfeld (2006) detention without trial of enemy combatants at Guantanamo Bay was declared unconstitutional (Bush got round this by arguing that the constitution did not apply as Guantanamo Bay was not on US soil).
Note: When the Supreme Court sought to strike down Roosevelt’s New Deal as unconstitutional he threatened ‘court packing’: using a friendly Congress to create more (sympathetic) Supreme Court justices.
Public Opinion and the Mass Media:
The President needs public and media support to deal with Congress.
Neustadt argued that the President has only the ‘power to persuade’ (useful quote)
The President can use the so-called Bully Pulpit, where he addresses the nation through the media over the heads of Congressmen in the hope that voters will persuade Congressmen to support him
Low approval ratings arguably can damage chances of legislative success.
This is often the case for ‘lame duck’ presidents at end of last term (eg G.W. Bush). A 'lame duck' president is a weak or ineffective president. Often towards the end of their final term, perhaps facing a hostile Congress, presidents become 'lame duck' and the media focusses on the race to replace him/her.
To achieve legislative and policy goals the president uses:
Persuasion and coalition building (He/she needs to reach out to Congressmen of all parties. In 2008 Obama hoped to shape a more bipartisan Washington.)
Congressional Liaison Office (WHO)
White House & Camp David functions. Congressmen of both parties are invited to social functions so that the president can persuade them of his policy.
He can offer to campaign for re-election of Congressmen
Using the media (the so-called Bully Pulpit: addressing voters directly through the media over the heads of Congress).
Legislative success can depend upon:
Honeymoon period (first 100 days): in this period the president often has widespread support, with a personal mandate, having just won an election; or ‘lame duck’ (end of second term): in this period a president might already be regarded as 'yesterday's man/woman'.
Whether first or second term: presidents are often more successful in their first term.
The ‘Coat tails’ effect: where a successful major political figure drags other candidates of his/her party along with him/her as party of their success. For example, G.W. Bush when he was elected as Governor of Texas. Or there is the reverse coat-tails effect, where more votes are cast for party candidates in Congress than for the presidential candidate: eg Clinton 1992.
Approval ratings: Reagan & G.W. Bush were both very popular.
Strong mandate: 2008 Obama won 53% popular vote and could argue he had the backing of the American people.
Insider or outsider status: insiders are those who have previously worked in Washington (eg JFK; Lyndon Johnson); outsiders are those whose prior experience is outside Washington, often as state governors, eg Clinton, Carter, G.W. Bush.
Events: eg 9/11; the financial crisis of 2008.
Since the 1930s:
Federal government intervention in the economy has grown considerably, initially because of Roosevelt’s New Deal programme.
America has been seen as the world ‘policeman’ with the Cold War from Truman onwards. Obama hoped to steer away from this role.
The ‘imperial presidency’ has emerged (identified by Schlesinger in his book The Imperial President 1973): Nixon and others. Imperial Presidents are those who can by-pass Congress and appear to undermine the checks and balances which the Founding Fathers built into the Constitution.
The 1970s saw a resurgent Congress – increasing congressional oversight over the executive and a weakening of presidential power (although with Reagan and G.W. Bush power was regained by the presidency).
A series of Acts further limited the power of the president in the 1970s: the Case Act (1972); the War Powers Act (1973); the Budget Impoundment Act (1974)
Ford: he called his time in office the ‘imperilled’ presidency. Congress became stronger and the power-balance shifted.
Was G.W. Bush an imperial president?
Post 9/11 yes! Factors which point to this include:
He ran a ‘unitary executive’
The USA PATRIOT Act
Guantanamo Bay
Department for Homeland Security
No Child Left Behind Act (about improving literacy among schoolchildren, easily passed through Congress)
The War in Iraq
Increasing use of executive orders
Use of signing statements. (These involved Bush instructing the administration on which parts of an Act of Congress they should pay particular attention when implementing the policy. It was a clever move: Clinton tried something similar in his 'line item veto', but was 'struck down' for doing so by the Supreme Court. As Chief Executive, Bush was able to issue signing statement instructions without contravening the constitution.)
Bush became a lame duck president after 2005 Hurricane Katrina; in 2006 the Republicans lost the mid-term elections in Congress and his approval ratings dipped to 30%.
OBAMA
Could be considered imperial because:
He enjoyed a huge personal mandate in 2008
He ensured that Bin Laden was assassinated
He has made significant use of executive orders (gun control; immigration)
Obamacare (the Affordable Care Act) passed (with compromise)
He has overseen an improving economy
Obama's Dream Act was passed: fast tracking immigration for young illegal immigrants
BUT
He had fluctuating approval ratings
Guantanamo Bay not closed as quickly as he wanted
Gun control still an issue
The Iraq War was protracted
His climate initiative (setting States carbon emission targets) was stalled by the Supreme Court in 2016.
What can be said about Obama?
It is possibly too early to judge whether Obama can be regarded as 'imperial'. Certainly his assassination of Bin Laden and his use of executive orders (particularly over gun control and fast-tracking illegal immigrants) can be seen as assertive (which supports arguments which suggest a new 'Assertive' phase of federalism). He succeeded in getting the Affordable Care Act (Obamacare) through and the Dream Act (fast-tracking citizenship for your illegal immigrants). He has authorised more drone strikes than G.W. Bush ever did and he has been prepared to take on Congress (eg over gun control) and the Republicans (eg over public funding for contraception). He also appointed two female Justices to the Supreme Court: Elena Kagan and Sonia Sotomayor (who was also Hispanic). He is certainly no 'lame duck' president. On the other hand, he did struggle with his budget in 2013, many of his aspirations about a fairer, more equal society have not been realised, and he is locked in a dispute with Congress over the nomination for Justice Scalia's replacement. Currently, too, the Supreme Court has 'struck down' an executive order he hoped to impose on the States which would have required them to produce carbon emission targets in advance of the Paris conference on climate change in December 2016. It will certainly be a challenging conference for his as he won't be able to bring his initiative to the table.
Obama was arguably a divisive president (like G.W. Bush and Clinton before him).
Trump
It is too early to place a verdict on Trump's presidency. An outsider, he appears to pay little regard to the other branches of government, operating through the use of executive orders. He has had some success in imposing a travel ban on those travelling from six Muslim countries; he has withdrawn from the Paris climate accord; he plans to place 'America First' (isolationism/protectionism?); and he has plans to build a border wall with Mexico. In the rust-belt of central America his outsider status has gained him much respect.
Test yourself on the President and Congress
What is an imperial president? Give an example.
What is an imperilled president? Give an example.
Was Bush imperial or imperilled or both? (Explain)
Was Obama imperial or imperilled or both? (Explain)
What is the Bully Pulpit?
Why has the president’s power grown since the 1930s?
What is a lame duck president? Was Obama a 'lame duck'?
What factors influence a president’s success?
The Vice President: Tutorial 3
Vice Presidents are chosen by the party’s presidential candidate
The announcement is made at, or just before, the party’s National Convention
The VP appears on a ‘joint ticket’ with the President (eg Obama/Biden)
Often presidential candidates try to achieve a ‘balanced ticket’: eg Trump (outsider) and Pence (insider); Obama (relative newcomer to Washington, young)/Biden an insider, in the Senate from the mid-70s, older; McCain (insider)/Palin (female outsider); Bush (outsider; Cheney insider).
Since 25thAmendment (1967) VPs can be appointed rather than elected if a vacancy occurs (Spiro Agnew/Ford, 1973).
There is no job description
The main purpose of the VP: “just a heartbeat away” from the presidency: Johnson took over after Kennedy was; Ford took over after Nixon resigned; Cheney twice took over when Bush was anesthetised for minor surgery.
The VP presides over the Senate (but rarely attends – the President pro-temporare, Orrin Hatch, presides in his absence)
The VP also has the casting vote in Senate deadlock: Cheney used this 8 times.
He counts and announces Electoral College results (so Gore announced his own defeat in 2000)
At the request of the president, he undertakes diplomatic and ceremonial duties
He might also undertake projects on behalf of the president: eg Gore ‘Reinventing Government’ – Clinton
The role of the VP has become increasingly important with the growth of government
Spokesperson for the administration
Since Nixon all have been members of the Cabinet
He has a residence (an Admiralty house) near the White House.
Dick Cheney:
Washington joke: “If Cheney were assassinated, Bush would have to become president!”
Insider to Bush’s outsider
Seen as the ‘brains’ behind the Bush administration
Former member of the House of Representatives and Chief of Staff (under Ford)
The man in the bunker in 9/11: recommended Bush to authorise shooting of terrorist controlled aircraft
Planned for the ‘War on Terror’: put in place the military commissions to question Guantanamo detainees.
Influenced Bush in Roberts nomination as Chief Justice (2005)
Joe Biden:
Elected to Senate in 1972 (aged 30)
Long serving member of Senate Foreign Relations Committee
Unsuccessfully sought Democratic Presidential nomination in 1988 and 2008 (dropped out early on both occasions)
As Obama’s VP he headed the White House Task Force on Working Families (economic well-being of middle class)
Distanced himself from the Cheney-style power-base in the White House
Adjudicated disputes between Obama’s ‘Cabinet of rivals’.
Headed Obama’s ‘Gun Violence Task Force’ after Sandy Hook school shooting (2012).
Mike Pence:
Trump's Vice-President has a law degree and a background in legal practice. He was elected to the Senate in 2000 and became Governor of Indiana in 2013. His time in the Senate gives him the 'insider' experience needed by Trump.
Test yourself on the Vice President
What is the role of the Vice President?
What job did Clinton give Gore?
Who was Bush’s powerful Vice President?
Who was Obama’s insider Vice President?
What is a ‘balanced ticket’?
Presidential resources: The Cabinet: Tutorial 4
The Cabinet: has 15 Departments (2003 Homeland Security the most recent)
There is no shadow cabinet. Presidents can nominate anyone. To be in the Cabinet (or the wider executive) a person would have to resign a seat in Congress (eg Hillary Clinton; Joe Biden).
Clinton: created a Cabinet that “looks like America” (descriptive representation)
G.W. Bush: An inclusive Cabinet
Obama: A Cabinet of rivals (bipartisanship): his 2008 Cabinet included Robert Gates, a Republican, who was G.W. Bush’s Defense Secretary and Ray La Hood, a Republican, who was Bush’s Transport Secretary. He kept them on in those roles because he considered them good at their jobs.
The appointment process is ratified by Senate
The Cabinet can often be policy specialists
The Cabinet rarely meets: in 8 years G.W. Bush held 49 meetings (average of 6 per year).
The Cabinet advice can be ignored by the president: Lincoln: “Seven noes, one aye, the ayes have it!” (useful quote). Indeed members of the cabinet might be working against the president (see iron triangles; going native; and clientism, in Tutorial 5 below)
There is no collective responsibility: Cabinet can be susceptible to clientism; agency capture; going native; iron triangles (see Tutorial 5 below).
Cabinet functions
Implement the president’s agenda
Appear before congressional committees to represent the President
Attend meetings with the President
Assist the President (through the Cabinet) to co-ordinate policy between government departments
Revolving door syndrome occurs in the executive: former executive members join lobby groups when they leave office, then later reappear in a future executive
Appointments are made through the ‘spoils system’ when the President elect chooses his 2500 or so staff before he is inaugurated. He may choose people who have supported or financed his campaign for significant jobs. This is known as the spoils system (as in dividing the 'spoils of war').
Members of the Cabinet can work against the president in ‘iron triangles’. There is no collective responsibility.
Test yourself on the Cabinet
How many departments are there?
What is the revolving door syndrome?
What are the functions of the Cabinet?
What kind of Cabinet did Clinton create?
What kind of Cabinet did Obama create?
Is there collective responsibility in the US?
EXOP (the Executive Office of the President – aka EOP): tutorial 5
EXOP was established in 1939 by the Brownlow Committee: “The president needs help”.
The Executive Office of the President was a response to the additional workload on the President imposed by Roosevelt’s New Deal programme in which the Federal government began to play a more active role in managing the domestic economy and tackling the Great Depression.
It is based in West Wing of the Whitehouse
It includes: White House Office (with the Chief of Staff and the president’s closest advisers) which liaises with the press, manages the President’s diary and liaises with Congress; the National Security Council which advises on security matters; and the Office for the Management of the Budget, which oversees public spending and helps prepare the budget.
It provides direct, independent advice to the president (who cannot always trust the Cabinet as there is no collective responsibility and Cabinet members can be drawn into Iron Triangles)
Criticisms:
It is unelected and unaccountable but very powerful it results in ‘policy drift’ due to conflicting advice; (eg The NSC, the State Department and the Defense Department gave conflicting advice on the conduct of the war in Iraq); it potentially isolates the president (Nixon’s ‘Berlin Wall’ of advisers screened him from the outside world)
The US Federal Bureaucracy
The US Federal Bureaucracy is the unelected, administrative part of the federal government. Sometimes known as the ‘administration’, it is made up of government departments, agencies and commissions that carry out government policy on a day-to-day basis. In effect, it is the US civil service and wider executive, responsible to the White House.
It grew significantly during the 20th Century, as the scope of the federal government increased. This growth was caused by industrialisation, immigration, westward expansion, New Deal and the development of modern communications. In addition, as the US became more significant in world affairs, so more responsibilities were given to the federal government. In the last two decades, new departments have been created: Veteran’s Affairs and the Department of Homeland Security.
A criticism of the federal bureaucracy is that it is slow to respond, cumbersome, hierarchical and inefficient. In 2006 it employed nearly 3 million civilians and cost $14 trillion. 11% of its staff work in Washington, others are deployed across the US. It was one such office which was blown up in Oklahoma by Timothy McVeigh in 1995.
It can be divided into 4 categories:
1. Executive departments. These are the ‘giants’ of the federal bureaucracy. Initially there were 3: State, War (now Defense) and Treasury. Today there are 15 departments, corresponding to the 15 cabinet secretaries. In addition to the first three there are: Interior; Justice; Agriculture; Commerce; Labor; Health & Human Services; Housing & Urban Development; Transportation; Energy; Education; Veterans Affairs; and Homeland Security. Within these executive departments there are two tiers, the first (and most important) made up of State (which deals with Foreign Affairs); Treasury; Defence; and Justice; the second comprising the rest.
2. Executive agencies: The heads of these are known as directors and are not members of the cabinet, but in all other respects they are similar to executive departments. Their heads are appointed by the President on the ‘advice and consent’ of the Senate. Over the years some have become executive departments (eg Veterans Affairs). Examples of an executive agency include the Environmental Protection Agency (created by Nixon), the Federal Reserve Board (‘the Fed’), which oversees the banks, and NASA. Some agencies appear more important than others. The US Federal Reserve has always been at the heart of American government in helping to provide financial regulation, whereas NASA's fortunes have waxed and waned (important under Kennedy, less so in recent years).
3. Independent Regulatory Commissions (IRCs): These regulate such sectors as the railways, the airlines, television, etc. Supposedly independent, they often face pressure from Congress and from the White House.
4. Government Corporations: These perform commercial functions that might otherwise be carried out by the private sector and include the United States Postal Service and AMTRAK, which runs the nationwide passenger train system.
Functions of the federal bureaucracy:
1) Executing laws: The US Constitution states in Article II, Section 2 that the president shall “take care that the laws be faithfully executed”. This is why the president needs a bureaucracy, to implement the laws passed by Congress. The post has to be delivered, taxes collected, the country defended, etc.
2) Creating Rules: Congress establishes broad policy principles, but the bureaucracy then has to determine how to the laws passed by Congress will be executed.
3) Adjudication: In executing and creating laws, disputes inevitably arise. One party will consider that a law is not being applied rigorously, another that its application is not fair. The bureaucracy adjudicate in such disputes.
Personnel of the Federal Bureaucracy:
The President can nominate the cabinet and sub-cabinet officials, attorneys, ambassadors and various members of boards and commissions, subject to confirmation by the Senate. In addition, ‘Schedule C’ appointments to jobs in departments and agencies, described as being of a “confidential or policy-determining character” are available to the president to nominate. In 1993, Clinton had well over 2000 such nominations. Even in middle level jobs, there is a certain degree of political appointment.
In 1883 the Civil Service Reform Act (known as the Pendleton Act) established a more professional recruitment system and most civil servants are appointed on merit rather than as a result of the spoils system (a system by which government jobs are awarded to political supporters and friends).
Problems of the federal bureaucracy
Robert Singh (2002) described six main problems associated with the federal bureaucracy. A further three have subsequently been added:
1. Clientism: Agencies tend to serve the interests of those they are supposed to be overseeing. It is sometimes said that watchdogs (regulatory commissions) become lapdogs! This is sometimes known as ‘client-capture or 'agency capture'.
2. Imperialism: Agencies seek to extend their powers and responsibilities at the expense of other agencies
3. Parochialism: Agencies tend to focus narrowly on their own goals rather than the ‘big picture’ of the administration as a whole, putting departmental interest over national interest.
4. Incrementalism: Most agencies are known for acting slowly and cautiously, with a tendency to resist change. Incoming presidents who want to push change can find this frustrating.
5. Arbitrariness: In applying blanket rules and regulations, agencies often ignore the particular concerns of those who are affected.
6. Waste: Because of their size, public sector organisations are less efficient than the private sector.
7. Iron triangles: This is the strong, impenetrable relationship which develops between interest groups (or businesses), congressional committees and federal agencies (including Cabinet members) to the mutual benefit of all three areas. An example is the relationship between defence contractors, the House and Senate Armed Services Committees and the Defense Department, which results in a large national defence budget. In the 1950s this formed the basis of what Eisenhower called the 'military-industrial complex'. The term 'iron triangle' was first coined in the 1960s by Douglas Carter and Lieper Freeman.
8. ‘Going Native’: This refers to a situation in which political appointees cease to be advocates for the president and instead become advocates for the bureaucracies and special interest groups associated with their policy area. One way round this is for presidents to appoint close friends to key posts, which both the Bush presidents did.
9. Inefficiency: As the pay of civil servants is determined by length of service rather than job performance there is little incentive for bureaucrats to become more efficient. Clinton gave his VP, Al Gore, the job of “reinventing government” (making it more efficient), saying “the era of big government is over”. His success was limited.
Checking the power of the federal bureaucracy
Congress has the power to establish, merge or abolish departments or agencies. Most recently, in 2002, it created the Department of Homeland Security.
It can also use its ‘power of the purse’ to finance departments, cutting or increasing budgets.
It also has the power of oversight, conducted by specialist sanding committees of both houses.
The President may find it more difficult to control the federal bureaucracy. Most modern presidents certainly feel this is the case. Truman said: “I thought I was the President, but when it comes to these bureaucracies I can’t make them do a damn thing.” Presidents rely principally on EXOP and the Cabinet to help direct the bureaucracy. Reagan was determined to check the power of the federal bureaucracy, saying: ”Government isn’t the solution: government is the problem!” (useful quote) But, as an outsider, he had to rely on civil servants to implement his reforms, which were consequently limited. Clinton tried “reinventing government”, but again his reforms were modest. George W. Bush’s attempts to outsource government functions was also limited.
Presidents can, of course, nominate many staff to the federal bureaucracy, subject to Senate approval. This process is known as the ‘spoils of office’.
Test yourself on the bureaucracy
What is EXOP?
What are executive agencies?
What are independent regulatory commissions?
What are government corporations?
What are the three functions of the bureaucracy?
What is clientism?
What are the spoils of office/spoils system?
Extension questions:
Explain iron triangles
Explain the role of the Vice President
Explain the role of the White House chief of staff
Explain the main elements of bureaucratic power in US government.
Consider the operation and importance of the presidential veto.
‘The power and influence of the Executive Office of the President far exceed those of the cabinet.’ Discuss.
To what extent do the constraints on its powers prevent the Supreme Court from performing its functions effectively?
‘More imperilled than imperial.’ Discuss this view of the US presidency
‘The president only has the power to persuade.’ Discuss.
Assess the view that, in practice, presidential power is restricted to issues relating to foreign policy.