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Flashcards in The Executive Branch Test Deck (173)
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1
Q
Who creates policy in the executive staff?
A
White House staff and executive offices of president
2
Q
What's the White House staff
A
Personal staff in White House
3
Q
What are the executive offices of the president (where are they)
A
EOP

Next door
4
Q
Who implements policy, also (broadly)
A
Executive depts and indep executive agencies

Bureaucracy
5
Q
Executive depts are - level
A
Cabinet
6
Q
Rule of propinquity
A
Degree of influence with the president of person is approx to the distance of persons office/desk from that of pres
7
Q
Chief of staff is usually most
A
Influential
8
Q
First Lady concerns herself with
A
Single issue
9
Q
White House staff is hired and fired by
A
The president
10
Q
Who is most loyal and influential of executive staff
A
White House staff
11
Q
Executive offices of the president are appointed by
A
The president
12
Q
Only heads of the - are fired by the president
A
EOP
13
Q
3 main agencies of EOP
A
National economic counsel (NEC), office of management and budget (OMB), national security counsel (NSC)
14
Q
- appoints independent agencies and commissions officers
A
President
15
Q
- confirms independent agencies and commissions
A
Senate
16
Q
The president can't fire members of - because they have --.
A
Independent agencies and commissions, fixed terms
17
Q
Cabinet and exec depts are the - cabinet
A
Inner
18
Q
The president appoints officers from -, -, and -.
A
EOP, independent agencies and commissions, and cabinet and executive depts
19
Q
Pres only fires heads of - and -
A
Cabinet and exec depts, EOP
20
Q
What does cab. And exec dept do?
A
Implement laws
21
Q
There are - depts
A
15
22
Q
Senate confirms -, -, and -
A
Cab and exec depts, EOP, and indep agencies and commissions
23
Q
Cons of pyramid model (3)
A
Little discussion of different points of view, pres may become isolated, key advisors may gain too much power
24
Q
I'm pyramid model, - is gatekeeper of info and policy
A
Chief of staff
Deputy of chief of staff
25
Q
Pros of circular model (3)
A
Deliberation and debate between staff
Allows pres to hear all POV
Allows pres detailed info
26
Q
Cons of circular model (3)
A
May lead to chaos and confusion
May lead to ineffectual decisions
May waste pres time
27
Q
Formal requirements of pres
A
Natural born citizen, 35 years old, resident for 14 years
28
Q
Formal powers of the pres, national security (4)
A
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
Q
Formal pres legislative powers of pres
A
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
Q
Formal administrative powers (4)
A
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
Q
Formal judicial powers of pres (2)
A
1. Grant reprieves and pardons for federal offices (except impeachment)
2. Nominate federal judges, who are confirmed by a majority of the senate
32
Q
Pres advantage over congress comes from his formal powers of
A
National security (foreign policy), strength
33
Q
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
A
House judiciary committee, house simple majority, senate, house, Chief Justice presides, 2/3 of senate
34
Q
Most important White House staff positions (4)
A
1. Chief of staff
2. Presidential counsel
3. Assistant to the president
4. Press secretary
35
Q
Presidential counsel
A
Chief legal advisor to the pres
36
Q
Assistant to pres
A
Generally in charge of scheduling of the pres time
37
Q
Press secretary
A
Mouthpiece of pres, handles daily briefings with pres pres Corp, chief spin doctor of the president
38
Q
Where are most EOP located
A
Next door to White House in the executive office building
39
Q
EOP are more dedicated to - than -
A
Their departments than the pres
40
Q
National security counsel policy areas
A
Foreign policy and defense (pres crisis team)
41
Q
NSC key members
A
Pres, vp, sec of state, sec of defense, national security advisor (head of NSC)
42
Q
National economic counsel (NEC) policy areas
A
Economic planning and Econ forecasting
43
Q
Office of management and budget (OMB) do 4 things...
A
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
Q
Vp has 4 constitutionally outlined duties
A
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
Q
Vp often-, but rarely
A
Runs for pres afterwards, wins
46
Q
Cabinet is referred to as - of their depts, except for the -( who leads the -)
A
Secretaries, attorney general, dept of justice
47
Q
The executive depts are each led by
A
A cabinet officer
48
Q
The executive depts are each in charge of
A
Assisting pres with implement and administration the laws and policies charged to their depts (faithfully executing the law)
49
Q
Executive depts were created by -, formal or informal?
A
Congress, informal
50
Q
The inner cabinet is
A
The original 4 exec depts created during Washington's administration
51
Q
Inner cabinet consists of... Considered....
A
Leaders of state, defense (originally war dept), Justice, and treasury

Most influential depts and secretaries
52
Q
Independent agencies and commissions (3)
A
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
Q
Indep agency heads have - terms. What does this mean?
A
Fixed terms, only appointed by pres and confirmed by senate as their terms expire
54
Q
Indep agency heads can only be fired...
A
For "cause"
Nonperformance of duties, nonpolitical reasons
55
Q
Examples of independent agencies and commissions (6)
A
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
Q
12 amendment
A
Changed the way VP was elected (separate ballots for vp and pres)
57
Q
22 amendment
A
2 term limit to pres or a maximum of 10 years
58
Q
25 amendment (3)
A
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
Q
The vp becomes pres if (2)
A
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
Q
If pres challenges that he is incapable, - decides the issue by a - vote of -
A
Congress, 2/3, both houses
61
Q
When pres is declared unable to be pres (what amendment), there's also a procedure for the pres to
A
Reclaim his office
62
Q
The presidential succession act of 1947
A
Established order of succession for office of pres
63
Q
Order of pres succession (4)
A
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
Q
Why did framers fear a powerful president?
A
Feared monarchy, didn't have one in articles of confederation
65
Q
More checks on what branch than any other?
A
Executive
66
Q
Pres formal const powers are (strong or weak)
A
Weak
67
Q
- was most powerful branch until -. What event?
A
Congress, 1930s, Great Depression
68
Q
Scholars preferred strong pres in what decades?
A
1950s and 1960s
69
Q
When did ppl stop wanting strong pres? What event?
A
1970s
Abuses of Nixon and Watergate
70
Q
What do scholars believe makes the pres a strong leader? Ability to...not...depends on...
A
Persuade, command, individual characteristics
71
Q
We say we like -, but distrust -. What views?
A
Strong leaders (rugged individualism), the power needed for strong leadership (democracy)
72
Q
What's a coalition shift
A
1 era of dominance shifts to another party, usually caused by national crisis and critical election
73
Q
Reasons for historical growth of presidential power? (5)
A
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
Q
Presidents who come to power right after - have the most favorable environment for exerting strong presidential leadership
A
Critical elections
75
Q
People and congress tend to support president in times of - and allow
A
Crisis, growth of power
76
Q
By expanding role of -, congress has increased - power as well
A
Federal govt, presidential power
77
Q
How does industrialism mane national govt more powerful?
A
Interstate and international organizations, govt can regulate more business, less private owned
78
Q
Globalization
A
Foreign policy where pres has more power
79
Q
3 major roles of pres
A
1. Chief executive/administrator
2. Chief legislator
3. World leader
80
Q
Chief executive/administrator also known as
A
Chief crisis manager
81
Q
As chief exec/admin the pres
A
Leads and manages US govt and foreign policy in crisis
82
Q
As chief leg, pres
A
Leader in moving agenda for his party and his own legacy
83
Q
As world leader, pres is
A
Main foreign policy leader of US
84
Q
Other term for pres as world leader
A
Chief diplomat
85
Q
Whet art of const makes pres nations chiffon executive
A
Article 2
86
Q
As chief exec, pres is in charge of
A
Policy implementation
87
Q
Chief exec includes what const powers?
A
Administrator powers
88
Q
Appointment powers
As newly elected pres, he can appoint (4)

And how are the fired?
A
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
Q
As terms expire, pres can appoint (appointment powers) (3)
A
1. Heads of independent agencies
2. Federal judges, attorneys (Justice dept), and US marshalls (Justice dept)
3. Exec officers in the armed forces
90
Q
Formal rule about recess appointments

Limits

A
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
Q
Most all exec employees are - and must be fired through the - for - only
A
Civil service, civil service, for cause
92
Q
Pres can fire at will... (2)
A
1. Those he hired as a new president
2. White House staff (approx 3000)
93
Q
Who are the hardest appointed officials to fire
A
Leaders of indep agencies
94
Q
Which court case did Supreme Court say senate can't mess with pres when he fires
A
Meyers v US
95
Q
3 main powers used by pres as chief exec

Each one formal or informal?
A
1. Power to appoint exec officers (hire and fire) formal
2. Power to issue exec orders:informal
3. Power of exec priv :informal
96
Q
Executive orders must be published in the... What is it?
A
Federal registrar (a daily publication of US govt)
97
Q
Executive privilege
A
Right of pres to keep private communications between himself and his principle advisors confidential
98
Q
Exec privilege based on 2 principles
A
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
Q
US v Nixon (1973), watergate
A
No presidential privilege of immunity from judicial process especially involving criminal charge against pres
100
Q
Nixon v Fitzgerald (1982)
A
Executive priv does apply to pres in civil cases, pres cannot be sued in civil cases
101
Q
Clinton v jones (1997)
A
Executive priv does not apply to lawsuits (civil case) for actions that did NOT involve official duties
102
Q
Roles and strategies of president as chief legislator (4)
A
1. Chief party leader
2. Constitutional powers in legislation
3. Rallying public support
4. Legislative skills
103
Q
What are the presidents constitutional powers in legislation (4)
A
1. Veto power
2. State of the Union message (good at agenda setting)
3. Convening special sessions (rarely used today)
4. Propose legislation
104
Q
Who had highest use of exec orders
A
FDR
105
Q
Party support for pres programs (of same party) - of the time
A
2/3
106
Q
Reasons for lack of full party support (4)
A
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
Q
Why is there decentralization of party power?
A
Candidate centered elections
Diminishing presidential coattail effect (idea that popular pres will help cong candidates who support his policies to get elected)
108
Q
#1 way of pres in moving legislation
A
Rallying public support
109
Q
Most effective tool of president in rallying support for his programs

(How many)
A
Creating media events

1 per week
110
Q
What's bully pulpit
A
Making speeches and using media attention to be heard

All major networks cover presidential speeches
111
Q
Who does pres work with to move legislation
A
Legislative leaders
112
Q
Presidents tools to move legislation (2)
A
1. Bargaining with enough members to build majority (happens less than you think)
2. Agenda setting
113
Q
Major legislative problems for presidents (4)
A
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
Q
What causes rapid popularity declines (3)
A
1. Scandal
2. Economic problems
3. Foreign policy problems
115
Q
In the area of -, the president is given more const powers and more deference by Congress than any other area
A
National security
116
Q
Formal congressional checks on exec national security branch (7)

How many votes?

Also known as checks on - powers
A
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
Q
3 times pres popularity rises
A
1. Honeymoon period
2. Crisis
3. Beginning of second term (not quite as high as honeymoon period), reelection
118
Q
Commander and chief
A
Lead military general

Complete control of armed forces
119
Q
Chief of state
A
Means he is he ceremonial head of the government of US, the symbol of the ppl of the nation
120
Q
Chief diplomat
A
Foreign policy leader
121
Q
Chief crisis manager

Who does he usually work with during crisis?
A
Foreign affairs crisis

National security counsel
122
Q
Commander and chief powers are more - today than any other time

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

More
123
Q
War powers resolution provisions
A
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
Q
Congress can withdraw troops at any time by a - (which cannot be -). Congress has -. Congress can remove troops by - (-).
A
Joint resolution, vetoed, always approved, not funding them (power of the purse)
125
Q
Chief officer of the NEC is the
A
National security advisor
126
Q
Largest dept in number
A
Dept of defense
127
Q
Pres has most control over
A
Education and state (bc he gets to appoint more ppl)
128
Q
All parts of bureaucracy can be policy creators through
A
Ability to make rules
129
Q
Recess appointments

Formal or informal?

Limits?
A
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
Q
Pocket veto
A
If congress recesses during 10 days pres has to decide, and pres doesn't sign bill
131
Q
Veto override
A
2/3 vote in both houses
132
Q
What case ruled line item veto unconstitutional, why?
A
Clinton v New York

Violates separation of powers
133
Q
- is more powerful weapon than veto
A
Threat of veto
134
Q
Impoundment
A
Refusal to spend appropriations authorized by congress
135
Q
What act outlawed impoundment
A
Budget reform and impoundment act of 1974
136
Q
What's budget proposal power, what act est it, what office is accountable
A
Exec branch spends money and pres is leader, budget and accounting act 1921, EOP Office of Management and Budget
137
Q
What's signing statements
A
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
Q
Entitlement spending is - percent of budget
A
65%
139
Q
Whet fraction of discretionary spending is military spending, whet percent
A
3/5s, 20%
140
Q
3 largest entitlement programs
A
1. Social security
2. Medicare
3. Medicaid
141
Q
When does fiscal year begin?
A
Feb
142
Q
What is fiscal year
A
Oct-sept
143
Q
Which executive office agency helps president make budget
A
OMB
144
Q
Which Congressional Staff Agency helps congress with budget?
A
CBO
145
Q
Who passes budget resolution
A
Budget committee
146
Q
After budget resolution...
A
Appropriations committees figure out how they will spend their assigned portion
147
Q
Omnibus bill
A
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
Q
Who creates reconciled version of budget to be approved by both houses
A
Conference committee
149
Q
Pres can - or - reconciled bill, probably won't - if budget is late
A
Veto, sign, veto
150
Q
Continuing resolution
A
Passed by cong if budget isn't approved by beginning of fiscal year, allows fed spending to cont at previous levels)
151
Q
Bureaucracy, formal or informal
A
Informal
152
Q
Webers 6 elements of bureaucracy
A
1. Hiearchial authority
2. Task specialization
3. Clear goals
4. Extensive rules
5. The merit principle
6. Impersonality
153
Q
Who supervises bureaucracy
A
Congress and president
154
Q
Functions of bureaucracy (4)
A
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
Q
What are the two divisions of executive staff?
A
Policy creation and policy implementation
156
Q
Which law est merit system
A
Pendleton act
157
Q
Hatch act
A
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
Q
Civil service reform act of 1978
A
Reorganized agencies that oversee civil service in order to eliminate previous conflicts of interest
159
Q
Who oversees hiring of civil service
A
Office of personnel management
160
Q
Who oversees employee challenges to hiring, firing, and promotion
A
Merit systems protection board
161
Q
4 types of federal bureaucratic agencies
A
1. Executive depts
2. Independent regulatory commission
3. Government corporation
4. Independent (executive) agencies
162
Q
Quasi legislative
A
Right to make rules and regulations having force of law
163
Q
Quasi judicial
A
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
Q
Largest single bureaucratic agency
A
USPS
165
Q
Which law est merit system
A
Pendleton act
166
Q
Hatch act
A
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
Q
Civil service reform act of 1978
A
Reorganized agencies that oversee civil service in order to eliminate previous conflicts of interest
168
Q
Who oversees hiring of civil service
A
Office of personnel management
169
Q
Who oversees employee challenges to hiring, firing, and promotion
A
Merit systems protection board
170
Q
4 types of federal bureaucratic agencies
A
1. Executive depts
2. Independent regulatory commission
3. Government corporation
4. Independent (executive) agencies
171
Q
Quasi legislative
A
Right to make rules and regulations having force of law
172
Q
Quasi judicial
A
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
Q
Largest single bureaucratic agency
A
USPS