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Flashcards in The Executive Branch Test Deck (173)
1

Who creates policy in the executive staff?

White House staff and executive offices of president

2

What's the White House staff

Personal staff in White House

3

What are the executive offices of the president (where are they)

EOP

Next door

4

Who implements policy, also (broadly)

Executive depts and indep executive agencies

Bureaucracy

5

Executive depts are - level

Cabinet

6

Rule of propinquity

Degree of influence with the president of person is approx to the distance of persons office/desk from that of pres

7

Chief of staff is usually most

Influential

8

First Lady concerns herself with

Single issue

9

White House staff is hired and fired by

The president

10

Who is most loyal and influential of executive staff

White House staff

11

Executive offices of the president are appointed by

The president

12

Only heads of the - are fired by the president

EOP

13

3 main agencies of EOP

National economic counsel (NEC), office of management and budget (OMB), national security counsel (NSC)

14

- appoints independent agencies and commissions officers

President

15

- confirms independent agencies and commissions

Senate

16

The president can't fire members of - because they have --.

Independent agencies and commissions, fixed terms

17

Cabinet and exec depts are the - cabinet

Inner

18

The president appoints officers from -, -, and -.

EOP, independent agencies and commissions, and cabinet and executive depts

19

Pres only fires heads of - and -

Cabinet and exec depts, EOP

20

What does cab. And exec dept do?

Implement laws

21

There are - depts

15

22

Senate confirms -, -, and -

Cab and exec depts, EOP, and indep agencies and commissions

23

Cons of pyramid model (3)

Little discussion of different points of view, pres may become isolated, key advisors may gain too much power

24

I'm pyramid model, - is gatekeeper of info and policy

Chief of staff
Deputy of chief of staff

25

Pros of circular model (3)

Deliberation and debate between staff
Allows pres to hear all POV
Allows pres detailed info

26

Cons of circular model (3)

May lead to chaos and confusion
May lead to ineffectual decisions
May waste pres time

27

Formal requirements of pres

Natural born citizen, 35 years old, resident for 14 years

28

Formal powers of the pres, national security (4)

1. Serve as commander and chief of armed forces
2. Make treaties with other nations, subject to agreement of 2/3 of senate
3. Nominate ambassadors, with agreement of majority of the senate
4. Receive ambassadors of other nations, thereby conferring diplomatic recognition on other govts

29

Formal pres legislative powers of pres

1. Present information on state of the Union to congress
2. Recommend legislation to congress
3. Convene both houses of congress on extraordinary occasions
4. Adjourn congress if the house and senate cannot agree on adjournment
5. Veto legislation (Congress may overrule with 2/3 vote of each house)

30

Formal administrative powers (4)

1. "Take care that laws be faithfully executed"
2. Nominate officials as provided for by congress and with the agreement of a majority of the senate
3. Request written opinions of administrative officials
4. Fill administrative vacancies during congressional recesses

31

Formal judicial powers of pres (2)

1. Grant reprieves and pardons for federal offices (except impeachment)
2. Nominate federal judges, who are confirmed by a majority of the senate

32

Pres advantage over congress comes from his formal powers of

National security (foreign policy), strength

33

In impeachment process, first - committee debates charges, - of - votes on any article constitutes impeachment on that charge, - opens trial and - members prosecute (managers) - presides in presidential impeachments, if - of - votes to convict, the official is removed from office

House judiciary committee, house simple majority, senate, house, Chief Justice presides, 2/3 of senate

34

Most important White House staff positions (4)

1. Chief of staff
2. Presidential counsel
3. Assistant to the president
4. Press secretary

35

Presidential counsel

Chief legal advisor to the pres

36

Assistant to pres

Generally in charge of scheduling of the pres time

37

Press secretary

Mouthpiece of pres, handles daily briefings with pres pres Corp, chief spin doctor of the president

38

Where are most EOP located

Next door to White House in the executive office building

39

EOP are more dedicated to - than -

Their departments than the pres

40

National security counsel policy areas

Foreign policy and defense (pres crisis team)

41

NSC key members

Pres, vp, sec of state, sec of defense, national security advisor (head of NSC)

42

National economic counsel (NEC) policy areas

Economic planning and Econ forecasting

43

Office of management and budget (OMB) do 4 things...

1. Prepare the federal budget
2. Monitor govt agency spending of appropriations
3. Monitors budget and records of all exec agencies
4. Largest # of employees in EOP (600)

44

Vp has 4 constitutionally outlined duties

1. President of senate (presiding officer)
2. Vote in senate ties
3. Help in deciding presidential disability(25 amendment)
4. Succeed the pres upon death or disability (22 amendment)

45

Vp often-, but rarely

Runs for pres afterwards, wins

46

Cabinet is referred to as - of their depts, except for the -( who leads the -)

Secretaries, attorney general, dept of justice

47

The executive depts are each led by

A cabinet officer

48

The executive depts are each in charge of

Assisting pres with implement and administration the laws and policies charged to their depts (faithfully executing the law)

49

Executive depts were created by -, formal or informal?

Congress, informal

50

The inner cabinet is

The original 4 exec depts created during Washington's administration

51

Inner cabinet consists of... Considered....

Leaders of state, defense (originally war dept), Justice, and treasury

Most influential depts and secretaries

52

Independent agencies and commissions (3)

1. Aren't directly controlled by the pres
2. Operate indep of the pres as prescribed by law
3. Are not under as much control by pres as other parts of the exec branch

53

Indep agency heads have - terms. What does this mean?

Fixed terms, only appointed by pres and confirmed by senate as their terms expire

54

Indep agency heads can only be fired...

For "cause"
Nonperformance of duties, nonpolitical reasons

55

Examples of independent agencies and commissions (6)

1. FED (federal reserve board)
2. FCC (federal communications commission)
3. FEC (federal elections commission)
4. FDIC (federal deposit insurance corporation)
5. ICC (interstate commerce commission)
6. SEC (securities and exchange commission)

56

12 amendment

Changed the way VP was elected (separate ballots for vp and pres)

57

22 amendment

2 term limit to pres or a maximum of 10 years

58

25 amendment (3)

Vp permanently succeed pres if he was unable to perform duties
Established a procedure for selecting a new vp if a vacancy occurs (pres appoints, confirmed by a majority of congress)
Established procedures to follow when pres is disabled

59

The vp becomes pres if (2)

1. The pres informs congress, in writing, "that he is unable to discharge the powers and duties of his office"
2. The vp and a majority of members in the cabinet inform congress, in writing, that the president is incapacitated

60

If pres challenges that he is incapable, - decides the issue by a - vote of -

Congress, 2/3, both houses

61

When pres is declared unable to be pres (what amendment), there's also a procedure for the pres to

Reclaim his office

62

The presidential succession act of 1947

Established order of succession for office of pres

63

Order of pres succession (4)

1. Vp
2. Speaker of the house
3. President pro tempore
4. The cabinet officers in order of depts first est by congress beginning with Secretary of State

64

Why did framers fear a powerful president?

Feared monarchy, didn't have one in articles of confederation

65

More checks on what branch than any other?

Executive

66

Pres formal const powers are (strong or weak)

Weak

67

- was most powerful branch until -. What event?

Congress, 1930s, Great Depression

68

Scholars preferred strong pres in what decades?

1950s and 1960s

69

When did ppl stop wanting strong pres? What event?

1970s
Abuses of Nixon and Watergate

70

What do scholars believe makes the pres a strong leader? Ability to...not...depends on...

Persuade, command, individual characteristics

71

We say we like -, but distrust -. What views?

Strong leaders (rugged individualism), the power needed for strong leadership (democracy)

72

What's a coalition shift

1 era of dominance shifts to another party, usually caused by national crisis and critical election

73

Reasons for historical growth of presidential power? (5)

1. National crisis
2. Increasing social, political, and economic complexity (technology, us as a world power, complex economy)
3. Rise of federal power (federalism)
4. Rise of mass media
5. Rise in importance of foreign policy

74

Presidents who come to power right after - have the most favorable environment for exerting strong presidential leadership

Critical elections

75

People and congress tend to support president in times of - and allow

Crisis, growth of power

76

By expanding role of -, congress has increased - power as well

Federal govt, presidential power

77

How does industrialism mane national govt more powerful?

Interstate and international organizations, govt can regulate more business, less private owned

78

Globalization

Foreign policy where pres has more power

79

3 major roles of pres

1. Chief executive/administrator
2. Chief legislator
3. World leader

80

Chief executive/administrator also known as

Chief crisis manager

81

As chief exec/admin the pres

Leads and manages US govt and foreign policy in crisis

82

As chief leg, pres

Leader in moving agenda for his party and his own legacy

83

As world leader, pres is

Main foreign policy leader of US

84

Other term for pres as world leader

Chief diplomat

85

Whet art of const makes pres nations chiffon executive

Article 2

86

As chief exec, pres is in charge of

Policy implementation

87

Chief exec includes what const powers?

Administrator powers

88

Appointment powers
As newly elected pres, he can appoint (4)

And how are the fired?

1. Ambassadors and diplomats
2. Cabinet members and top aides
3. Top officials of the executive office of pres (NSC, OMB,NEC)
4. All White House staff

At will of pres

89

As terms expire, pres can appoint (appointment powers) (3)

1. Heads of independent agencies
2. Federal judges, attorneys (Justice dept), and US marshalls (Justice dept)
3. Exec officers in the armed forces

90

Formal rule about recess appointments

Limits

President can fill vacancies without senate approval if congress is recessed

Must be approved during the next session or vacated
(Bc of 2013 court case) appointment must be made during annual recess and vacancy must arrive during the recess

91

Most all exec employees are - and must be fired through the - for - only

Civil service, civil service, for cause

92

Pres can fire at will... (2)

1. Those he hired as a new president
2. White House staff (approx 3000)

93

Who are the hardest appointed officials to fire

Leaders of indep agencies

94

Which court case did Supreme Court say senate can't mess with pres when he fires

Meyers v US

95

3 main powers used by pres as chief exec

Each one formal or informal?

1. Power to appoint exec officers (hire and fire) formal
2. Power to issue exec orders:informal
3. Power of exec priv :informal

96

Executive orders must be published in the... What is it?

Federal registrar (a daily publication of US govt)

97

Executive privilege

Right of pres to keep private communications between himself and his principle advisors confidential

98

Exec privilege based on 2 principles

1. Separation of powers
2. Private discussions kept private from press and public reaction so pres can ensure advisors will give pres honest and open thoughts

99

US v Nixon (1973), watergate

No presidential privilege of immunity from judicial process especially involving criminal charge against pres

100

Nixon v Fitzgerald (1982)

Executive priv does apply to pres in civil cases, pres cannot be sued in civil cases

101

Clinton v jones (1997)

Executive priv does not apply to lawsuits (civil case) for actions that did NOT involve official duties

102

Roles and strategies of president as chief legislator (4)

1. Chief party leader
2. Constitutional powers in legislation
3. Rallying public support
4. Legislative skills

103

What are the presidents constitutional powers in legislation (4)

1. Veto power
2. State of the Union message (good at agenda setting)
3. Convening special sessions (rarely used today)
4. Propose legislation

104

Who had highest use of exec orders

FDR

105

Party support for pres programs (of same party) - of the time

2/3

106

Reasons for lack of full party support (4)

1. Lack of policy consensus (too much diversity) among party members
2. Conflict between constituency views and presidents view on policy
3. Recent decentralization of party power
4. Midterm slump

107

Why is there decentralization of party power?

Candidate centered elections
Diminishing presidential coattail effect (idea that popular pres will help cong candidates who support his policies to get elected)

108

#1 way of pres in moving legislation

Rallying public support

109

Most effective tool of president in rallying support for his programs

(How many)

Creating media events

1 per week

110

What's bully pulpit

Making speeches and using media attention to be heard

All major networks cover presidential speeches

111

Who does pres work with to move legislation

Legislative leaders

112

Presidents tools to move legislation (2)

1. Bargaining with enough members to build majority (happens less than you think)
2. Agenda setting

113

Major legislative problems for presidents (4)

1. Popularity slips after honeymoon, longer he is in office, lower popularity ratings slip
2. Lame-Duck period
3. Periods of divided govt that produce gridlock
4. Party polarization

114

What causes rapid popularity declines (3)

1. Scandal
2. Economic problems
3. Foreign policy problems

115

In the area of -, the president is given more const powers and more deference by Congress than any other area

National security

116

Formal congressional checks on exec national security branch (7)

How many votes?

Also known as checks on - powers

1. Power to declare war (majority vote)
2. Power to approve treaties (senate 2/3 vote)
3. Power to raise and support armed forces
4. Approve pres appointments of ambassadors (senate majority)
5. Power to make laws governing land and naval forces
6. Provide for summoning state militias
7. Provide for organizing, arming, and disciplining the militias and governing them when in the service of union


Commander and chief powers

117

3 times pres popularity rises

1. Honeymoon period
2. Crisis
3. Beginning of second term (not quite as high as honeymoon period), reelection

118

Commander and chief

Lead military general

Complete control of armed forces

119

Chief of state

Means he is he ceremonial head of the government of US, the symbol of the ppl of the nation

120

Chief diplomat

Foreign policy leader

121

Chief crisis manager

Who does he usually work with during crisis?

Foreign affairs crisis

National security counsel

122

Commander and chief powers are more - today than any other time

Presidents have historically exercised - authority in this role than any other

Extensive

More

123

War powers resolution provisions

Must report within 48 hours of deploying troops

Removal of troops after 60 days unless house has declared war or congress has granted an authorization for use of force

124

Congress can withdraw troops at any time by a - (which cannot be -). Congress has -. Congress can remove troops by - (-).

Joint resolution, vetoed, always approved, not funding them (power of the purse)

125

Chief officer of the NEC is the

National security advisor

126

Largest dept in number

Dept of defense

127

Pres has most control over

Education and state (bc he gets to appoint more ppl)

128

All parts of bureaucracy can be policy creators through

Ability to make rules

129

Recess appointments

Formal or informal?

Limits?

Pres can make appointments while cong is in recess without senate approval

Limits:
Appointments "vacated" if not approved by senate during next session (1yr)
Recess has to be longer than 10 days (2014 ruling)

130

Pocket veto

If congress recesses during 10 days pres has to decide, and pres doesn't sign bill

131

Veto override

2/3 vote in both houses

132

What case ruled line item veto unconstitutional, why?

Clinton v New York

Violates separation of powers

133

- is more powerful weapon than veto

Threat of veto

134

Impoundment

Refusal to spend appropriations authorized by congress

135

What act outlawed impoundment

Budget reform and impoundment act of 1974

136

What's budget proposal power, what act est it, what office is accountable

Exec branch spends money and pres is leader, budget and accounting act 1921, EOP Office of Management and Budget

137

What's signing statements

Pres makes statement when signing bill that tells how he thinks bill should be interpreted and put into place, sometimes used to modify meaning/intent of laws

138

Entitlement spending is - percent of budget

65%

139

Whet fraction of discretionary spending is military spending, whet percent

3/5s, 20%

140

3 largest entitlement programs

1. Social security
2. Medicare
3. Medicaid

141

When does fiscal year begin?

Feb

142

What is fiscal year

Oct-sept

143

Which executive office agency helps president make budget

OMB

144

Which Congressional Staff Agency helps congress with budget?

CBO

145

Who passes budget resolution

Budget committee

146

After budget resolution...

Appropriations committees figure out how they will spend their assigned portion

147

Omnibus bill

1 large bill voted on the floor as one vote that all appropriations committees bills are in if they aren't completed by August

148

Who creates reconciled version of budget to be approved by both houses

Conference committee

149

Pres can - or - reconciled bill, probably won't - if budget is late

Veto, sign, veto

150

Continuing resolution

Passed by cong if budget isn't approved by beginning of fiscal year, allows fed spending to cont at previous levels)

151

Bureaucracy, formal or informal

Informal

152

Webers 6 elements of bureaucracy

1. Hiearchial authority
2. Task specialization
3. Clear goals
4. Extensive rules
5. The merit principle
6. Impersonality

153

Who supervises bureaucracy

Congress and president

154

Functions of bureaucracy (4)

1. National maintenance (carry out necessary functions of national govt orig four depts)
2. Clientele services
3. Regulation of private sector (now includes regulating economy, regulatory agencies like food and drug admin, regulating society with organizations such as OSHA)

155

What are the two divisions of executive staff?

Policy creation and policy implementation

156

Which law est merit system

Pendleton act

157

Hatch act

Forbid civil service employees from engaging in political party activities, has been softened bc of 1st amendment free speech violation to allow all activities except running for office

158

Civil service reform act of 1978

Reorganized agencies that oversee civil service in order to eliminate previous conflicts of interest

159

Who oversees hiring of civil service

Office of personnel management

160

Who oversees employee challenges to hiring, firing, and promotion

Merit systems protection board

161

4 types of federal bureaucratic agencies

1. Executive depts
2. Independent regulatory commission
3. Government corporation
4. Independent (executive) agencies

162

Quasi legislative

Right to make rules and regulations having force of law

163

Quasi judicial

Right to hold hearings on and conduct investigations into disputed claims and alleged infractions of rules and regulations and to make decisions in the general manner of courts

164

Largest single bureaucratic agency

USPS

165

Which law est merit system

Pendleton act

166

Hatch act

Forbid civil service employees from engaging in political party activities, has been softened bc of 1st amendment free speech violation to allow all activities except running for office

167

Civil service reform act of 1978

Reorganized agencies that oversee civil service in order to eliminate previous conflicts of interest

168

Who oversees hiring of civil service

Office of personnel management

169

Who oversees employee challenges to hiring, firing, and promotion

Merit systems protection board

170

4 types of federal bureaucratic agencies

1. Executive depts
2. Independent regulatory commission
3. Government corporation
4. Independent (executive) agencies

171

Quasi legislative

Right to make rules and regulations having force of law

172

Quasi judicial

Right to hold hearings on and conduct investigations into disputed claims and alleged infractions of rules and regulations and to make decisions in the general manner of courts

173

Largest single bureaucratic agency

USPS