Congress has a duty to make the laws, but enforcing and enacting those laws is a task reserved for the executive branch of our federal government. While the executive branch has thousands of employees who help implement policies and enforce laws, the President of the United States is the chief executive.
Presidential Qualifications
To be President of the United States, the Constitution holds three criterion:
Being a natural born citizen means that a person was born on American soil, which includes territories, embassies, and military bases overseas. The idea behind this requirement was to make certain that whoever held the office of president would always have their loyalties with the United States. Though some have called for a change to this requirement, no serious proposal to amend the Constitution has taken root.
The requirement to reside within the United States for at least 14 years does not imply that they must be consecutive, but this requirement would allow a citizen to live abroad for a time while still maintaining eligibility. A time frame of 14 years of residency would also guarantee a person would have a solid understanding of the American people.
Formal Presidential Powers
The President of the United States is granted certain powers by the Constitution, which enables a wide latitude in policy making. Powers that are explicitly written in the Constitution for the president are called expressed powers.
According to the Constitution, the president has a significant role as the commander-in-chief of the armed forces. This clause means the president has control over all of the armed forces of the United States. The Army, Navy, Air Force, Marines, Coast Guard, etc. must comply with the orders from the president. Incidentally, the president has no requirement to have any military experience.
Can you answer: Why did the writers of the Constitution place the power to declare war with Congress and the commander-in-chief role with the president?
The president also has the authority to grant pardons and reprieves. A pardon is a release from criminal punishment, while a reprieve only postpones punishment. If a person has been convicted of any federal crime, the president can grant a pardon, and that person must be released. The ability to act in such a unilateral fashion allows the president to quickly correct any wrongful imprisonment of a person. While the president has the authority to grant as many pardons as he or she chooses, that power is used sparingly. Often, presidents will wait until the end of their term to give most pardons.
The negotiation of treaties with other nations is also a power vested in the chief executive. Treaties are binding international agreements between nations. Presidents must abide by treaties negotiated and ratified before (and during) their administrations. The president negotiates treaties, but those must be approved in the Senate by a 2/3 majority.
Because of the difficulty in gaining Senate ratification for a treaty, presidents will often resort to crafting what are commonly referred to as executive agreements. These types of agreements are negotiated between the president and another country, but do not require Senate approval. Executive agreements only last for the duration of that president's term. Any presidents who come after may dismiss the executive agreements of their predecessors.
In addition, the president has the power of appointment for many public offices. These include: Supreme Court justices, cabinet officers, heads of various government agencies, and ambassadors. These appointments must be confirmed through a majority vote of the Senate.
The Constitution requires that the president address Congress from time to time on the State of the Union. This has come to mean that the president gives an annual address detailing the progress of the nation.
The president also has the authority to call Congress into a special session at any time, for any reason.
Perhaps the most important power of the president is the ability to veto legislation passed by Congress. A veto blocks passage of a bill passed through Congress. It gives the president the ability to be a stop-gap measure against legislation that could negatively affect the nation.
The Constitution also has a clause in Article II that states the president should "... take care that the laws be faithfully executed ..." This take care clause provides the president with additional powers that are not specifically listed in the Constitution, because it provides a great deal of leeway in making certain that the laws are carried out. It's similar to the necessary and proper clause found in Article I.
Informal powers of the President
Powers of the president that are not listed in the Constitution are commonly called inherent powers, and often, they pertain to foreign policy.
Presidents have the authority to issue executive orders. These orders cannot be conjured out of thin air. The president can give orders, but they must be an order based on already existing law. Executive orders, when issued, do have the force of law and also are subject to judicial review from the Supreme Court. All executive orders can be read and reviewed online. In modern administrations, it has become practice in writing an executive order, to first reference the laws upon which the order will be based.
An example of an executive order would be Executive order 9981, issued by President Harry Truman. He ordered that the military integrate black and white soldiers. The order was based on the fact that the Constitution enables the president as the commander-in-chief.
Another famous example came from President Lyndon Johnson, when he issued Executive Order 11246, which required all federal government agencies and departments to provide equal opportunity in employment regardless of "race, color, creed, or national origin." It also maintained that any private business who held contracts with the federal government must show "affirmative actions" that they had fair hiring practices. These orders were based on the Civil Rights Act of 1964.
Another power granted to the president is that of executive privilege, whereby the president can withhold information from the public or other areas of the government. President George Washington started the informal practice during his administration, and it remained unaltered until the Nixon administration. Nixon attempted to withhold audio tapes from the special prosecutors who sought to investigate the Watergate Scandal. The Supreme Court ruled in United States v. Nixon that while executive privilege was a legitimate presidential power, Nixon had no right to withhold evidence that was relevant a criminal trial.
Budget preparation now falls under the power of the executive authority, though Congress has the ultimate say on whether or not to pass that budget. The president grants most of that responsibility to the Office of Management and Budget (OMB), which provides a detailed analysis of the proposals for the upcoming year and breakdowns of the current budget.
The president also holds special powers pertaining to the military, even when no declaration of war exists. Because the president needs to deal with emergency situations across the world, Congress passed the War Powers Resolution in 1973. This law allows the president to commit the military to anywhere in the world for up to 60 days without the approval of Congress. He must only notify Congress within 48 hours of deploying troops. After the 60 days have passed, Congress may reauthorize the deployment of troops for an additional 30 days or American forces must be brought home.
The War Powers Resolution also provides a limit to presidential power. Without the limitations, presidents might be tempted to leave troops overseas (to resolve emergencies) without receiving the approval from Congress. To pass this bill, Congress had to override President Nixon's veto.
The Vice-President
The Vice-Presidency is a strange office in American government. The role of this position is largely undefined. The only stated power of the vice-president in the Constitution is breaking a tie vote in the Senate. That's it. Most people view the vice-presidency as a political oblivion. FDR's first vice-president, John Nance Garner, described the vice-presidency as not being worth "a warm bucket of piss."
The qualifications for the vice-president are the same as those of the president. Should the president die, resign, or otherwise become incapacitated, the vice-president would assume that position.
As for the role of the vice-president in the president's administration, it's up to the president how much he or she would like to include the vice-president in decision making. Some presidents include their vice-presidents in policy making, such as George W. Bush. He relied heavily on the advice of Dick Cheney. Other presidents, such as Franklin Roosevelt, saw his VPs as almost an afterthought. When Harry Truman assumed the presidency after FDR's death, Truman had to be fully briefed on the atomic bomb because he had been kept completely in the dark about the project. (This also explains why FDR had three different vice-presidents).
The Cabinet
To help implement and adopt various policies, the executive branch divides up and compartmentalizes tasks similar to Congress' committee system. The executive branch has 15 different executive departments, each headed by an official that reports directly to the president. These officers are referred to the as the president's cabinet. Each of these 15 department heads is appointed by the president and confirmed by the Senate. They can be fired at the president's whim, though.
The 15 executive departments are:
Agriculture Commerce Defense Education
Energy Health & Human Services Homeland Security HUD (Housing)
Interior Justice Labor State
Transportation Treasury Veteran's Affairs
No, you don't need to memorize all the departments. However, some departments are more important than others. The four bolded and underlined departments listed above are considered to be the "inner cabinet." The policies of these departments have far-reaching implications, and the heads of these departments frequently meet with the president.
Each of these department heads is referred to by the title of "Secretary." For instance, the chief official in charge of the State Department is called the Secretary of State. All departments follow this pattern except the Justice Department, which is headed by the Attorney General.
Department heads are expected to give honest advice to the president about various situations and policies, but in public, they are expected to defend the president's policies and ideas even if they do not agree with them. Cabinet secretaries who disagree with the president in public, or put their own department's goals above the presidents are said to have 'gone native.'
New executive departments can be created by Congress, or they can also eliminate various departments if they so choose. The last department to be created was Homeland Security, which was born after the attacks of September 11, 2001.
The White House Staff
Because the executive departments are frequently busy attempting to enforce and implement laws, Franklin Roosevelt created two other entities to meet the needs of the presidency: The White House Staff and the Executive Office of the President (EOP).
The White House Staff refers to personal advisors who work directly in the White House and can be hired or fired at the president's behest. The most important of these officials is the president's Chief of Staff. This official is responsible for giving the president very candid advice, and typically someone who is very well known to the president and often a personal friend. The Chief of Staff also controls access to the president and sets his daily agenda. These tasks have given rise to the nickname of the Chief of Staff being "the gatekeeper."
The Chief of Staff also has two Deputy Chief of Staff positions, and usually two to three other officials given the title of Senior Advisor. These make up the core of the White House Staff, and they have grown increasingly more important to the president. He relies on their advice more often than the cabinet.
The Executive Office of the President
The Chief of Staff oversees certain agencies that work within the White House and report to the president. As with the cabinet, some of these agencies are more important than others.
Since the president is tasked with creating the federal budget, the OMB exists for that purpose (see above section in this article).
Also, the president has a Council of Economic Advisors. This group is a three person team that prepares an annual economic report about the nation's key financial issues, such as unemployment numbers, inflation rates, gross domestic product, etc.
Part of the EOP also includes a National Security Council, a group responsible for overseeing the various actions being pursued to maintain a safe nation. The NSC is headed by a National Security Advisor, who is often present in cabinet meetings and a de facto member of the White House Staff.
The Office of the First Lady is also included in the EOP, and this wasn't always a particularly meaningful position. Before the 1930s, the First Lady's job was mainly as a hostess for White House events. Eleanor Roosevelt changed that mindset, as she took an active role in attempting to influence policy both through her husband and without him.
Since Roosevelt's time as First Lady, the position has evolved. The First Lady is now expected to adopt a policy position of some kind and pursue positive change. The policies adopted by the Office of First Lady usually are not controversial. For instance, Michelle Obama is attempting to reduce the problem of childhood obesity. Laura Bush promoted childhood literacy. Nancy Reagan encouraged children to "Just Say No" to drugs.
The Bureaucracy
The executive branch has so many responsibilities in the modern world, it has grown in the size of agencies and employees that work under its authority. The bureaucracy is the hundreds of government agencies who help the executive branch implement and enforce laws. There are two main types of government agencies in the bureaucracy: independent government agencies and regulatory commissions.
Independent government agencies are similar to a cabinet department, but they are much more specific and tend to focus on one specific policy area. The National Aeronautics and Space Administration (NASA) is a prime example of an independent government agency. NASA is the government entity responsible for space exploration.
The Central Intelligence Agency (CIA) is another example of an independent agency, and they act as a spy agency for the United States. Another example would be the Environmental Protection Agency (EPA) which has been empowered by Congress to create and enforce pollution standards for ground, air, and water.
Government agencies have a director/agency head that is appointed by the president, and confirmed by the Senate.
Regulatory commissions are created to specifically regulate and monitor a certain economic activity. Regulatory commissions are not headed by an individual, but by a group of people who serve staggered terms (to prevent any one president from choosing all the members of that commission).
An example of a regulatory commission is the Securities and Exchange Commission (SEC). They monitor the stock market and create rules of fair play for investors. Their regulations have the force of law.
The Food and Drug Administration (FDA) implements certain regulations on food items and pharmaceuticals so that we know these products are safe for consumption.
The Federal Communications Commission (FCC) creates standards and rules for any machines that broadcast over the air, including radio, television, and Internet.
These commissions differ from government agencies because they don't actively participate in the field that they monitor.
Aside from independent agencies and regulatory commissions, the bureaucracy includes what are called government corporations. These are government organizations that actively compete in a field against private companies. For instance, the U.S. Postal Service is labeled as a government corporation, meaning that it does not receive tax dollars, but must generate its own revenue like any other business. Amtrak is another example of a government corporation.
Change in the Role of the President
The Constitution has the presidency in a secondary role. Remember, Article I outlined the legislative branch and it was the most extensively addressed of the three branches. Article II deals with the executive branch and isn't written as in depth as Article I. The primary authority in the federal government was meant to be Congress.
The model of federal authority in the Constitution was used throughout the end of the 18th and the entire 19th centuries. Congress was seen as the primary policy making institution and the president was only meant to be powerful in times of emergency or war. Most of the presidents throughout the 19th century were very forgettable, but not because they weren't capable men. They stuck to the role given to them by the Constitution.
Though most presidents during the early part of the republic's history took a backseat to Congress, there were notable exceptions: Washington, Jefferson, Jackson, and Lincoln. These men were very active presidents and influenced more than other presidents of their era.
Can you answer: What key changes took place to make the president a more powerful figure than Congress?
The "Modern Presidency" is drastically different than the days of the 19th century. Since the Theodore Roosevelt administration, presidents have become far more active and powerful in the White House. Modern presidents tend to fall into one of two categories: imperial presidents or institutional presidents.
Imperial presidents are executives who seek to push the boundaries of presidential power. They are typically very active in their administration and believe they should be imbued with a broad amount of authority over the other two branches. Additionally, these presidents tend to make many decisions on their own while ignoring the advice of subordinates.
Richard Nixon would be the best example of an imperial president. He attempted to maneuver around Congress' powers in any capacity he could. He made decisions that were often illegal and justified it under the rationale that the president was above laws that governed civilians.
Institutional presidents are less prone to push the limits of presidential authority. They work within the Constitutional framework but still attempt to manipulate affairs without pushing the boundaries of the law. Often, these types of presidents delegate important policy decisions to advisors and bureaucrats within the executive branch. They look at the offices in the EOP, or the White House Staff as being there for a reason, and to trust those people to give good advice.
Can you answer: Which presidents would you classify as imperial or institutional?
The Broader Roles of the President
Despite having certain roles prescribed by the Constitution or implied therein, the president has broader roles that Americans and the world expects. The growing number of international crises in the 20th and 21st centuries inadvertently expanded the role of president to the point where he or she is now expected to be a crisis manager in world affairs.
Though many government officials in the executive branch, legislative branch and government agencies play a part in handling problems that may arise in the United States, the people look to the president as a singular voice to deal with threats in a decisive and quick manner.
During a crisis situation, presidents often have what are referred to as rally points. These represent instances where a president has a distinct opportunity to boost his public opinion ratings through the successful handling of a crisis.
President Bush had an opportunity for a rally point in public opinion after the attacks on 9/11. His speech that evening and the subsequent actions in hunting down terrorists allowed for an increase in his approval ratings to nearly 90%.
Rally points can backfire however. If a president fails to seize the moment, he can appear to be 'asleep at the wheel.' Bush also experienced this in 2005, after Hurricane Katrina hit the New Orleans area and surrounding states. The Federal Emergency Management Administration (FEMA) took days to send aid to areas affected by the hurricane. (It also led to this awkward moment from Kanye West.)
Presidents will also take a part in creating an agenda for their administration. Each president will attempt to enact particular policies that they believe will benefit the nation as a whole. Presidents typically establish many policy positions during the campaign and work to implement those during their presidency.
With respect to foreign policy, the president is always seen as being the primary director of policy decisions. Congress does assist in implementation and the decision making, but the president is given priority in this area. Presidents are usually seen as having either a hard policy or a soft policy.
Hard policy, or hard power, involves the willingness to use economic sanctions and military might to influence other nations to comply with our objectives. This doesn't mean a hard policy does not include the use of diplomacy, but presidents who prefer a hard power approach are more apt to coerce compliance from other nations.
Soft policy emphasizes using diplomacy as the primary means to achieving goals in foreign affairs. Military intervention or use of coercive tactics aren't out of the question in using this approach, but are considered a last resort.
It's easier for presidents to implement foreign policy over domestic because the powers given to them in the Constitution relate more toward that field. However, this doesn't mean that presidents don't attempt to influence domestic policy.
Rightly or wrongly, the American people expect the president to make the nation a better place. Because of this, presidents attempt to change domestic policy mainly through influencing Congress to pass particular pieces of legislation. During a four year term, a president wants to pass at least one major piece of legislation through. This is not only to improve the nation, but to leave a legacy. Consider some of the past presidents and their major achievements in domestic policy:
The Chief Legislator
One of the more difficult aspects of attempting to push legislation through Congress comes from dealing with a divided government. How does a president influence Congress when its loaded with members from the other major party?
A tactic presidents use frequently against a Congress controlled by the opposing party is veto bargaining, which is where the president uses the threat of vetoing legislation in an attempt to force Congress to focus on the issues he wants, rather than the issues they want.
A great example of the president using the threat of a veto was early in January of 2015, where a Republican controlled Congress had just taken office. The GOP wanted to pass legislation that would create the long-debated Keystone Oil Pipeline from Canada through the Midwestern United States. President Obama immediately informed Congress that they shouldn't waste their time on such legislation because he would veto it with no hesitation.
Presidents will also try to manipulate Congress by "going public." This means the president will inform the American public of what he wants to achieve and attempt to gain their support. The hope is that the pressure would then be upon Congress to act in accordance with the president's wishes. The ability for the president to go public with an issue or policy is easier because he has the "bully pulpit," the ability to command media attention at any time. The president can gain this access to the media because he is the only elected official that represents the entire nation.
Other methods of persuading Congress depend upon the resources that a president has available. Certain political resources dictate whether or not the president will be able to leverage Congress into acting.
One such political resource is a mandate from the people. This occurs when a president is elected with more than 50% of the popular vote. When a president has such a mandate, he can use this to convince Congress that the people support his policies.
Presidents also have the ability to achieve more in their policy decisions when they have higher public approval ratings. When the president's approval ratings are up, Congress is less likely to challenge his agenda for the nation.
A president will be able to enact various policies depending on the number of seats his party has in Congress. If the president is a Democrat, and the majority of Congress are also members of that party, then they are more likely to buy into his plans.
The president's ability to shape policy also depends on the personal resources available. Different people who occupy the White House have varying amounts of time and energy they put into the job. Some presidents, such as Calvin Coolidge, were very hands off in their approach to the presidency, and often slept 12 hours a day. Others were in the mold of Lyndon Johnson, who worked vigorously throughout the day, sometimes getting as few as 4-5 hours of sleep. The success of a presidency sometimes hinges on the amount of time a person puts into it.
Previous political experience also determines the success or failure of a president in getting Congress to enact certain policies. Directly prior to their election, most presidents served as governors. This position gives a person a great deal of experience as a chief executive.
Presidential Qualifications
To be President of the United States, the Constitution holds three criterion:
- You must be 35 years of age (by the time of inauguration
- You must be a 'natural born citizen'
- You must have resided in the United States for at least 14 years
Being a natural born citizen means that a person was born on American soil, which includes territories, embassies, and military bases overseas. The idea behind this requirement was to make certain that whoever held the office of president would always have their loyalties with the United States. Though some have called for a change to this requirement, no serious proposal to amend the Constitution has taken root.
The requirement to reside within the United States for at least 14 years does not imply that they must be consecutive, but this requirement would allow a citizen to live abroad for a time while still maintaining eligibility. A time frame of 14 years of residency would also guarantee a person would have a solid understanding of the American people.
Formal Presidential Powers
The President of the United States is granted certain powers by the Constitution, which enables a wide latitude in policy making. Powers that are explicitly written in the Constitution for the president are called expressed powers.
According to the Constitution, the president has a significant role as the commander-in-chief of the armed forces. This clause means the president has control over all of the armed forces of the United States. The Army, Navy, Air Force, Marines, Coast Guard, etc. must comply with the orders from the president. Incidentally, the president has no requirement to have any military experience.Can you answer: Why did the writers of the Constitution place the power to declare war with Congress and the commander-in-chief role with the president?
The president also has the authority to grant pardons and reprieves. A pardon is a release from criminal punishment, while a reprieve only postpones punishment. If a person has been convicted of any federal crime, the president can grant a pardon, and that person must be released. The ability to act in such a unilateral fashion allows the president to quickly correct any wrongful imprisonment of a person. While the president has the authority to grant as many pardons as he or she chooses, that power is used sparingly. Often, presidents will wait until the end of their term to give most pardons.
The negotiation of treaties with other nations is also a power vested in the chief executive. Treaties are binding international agreements between nations. Presidents must abide by treaties negotiated and ratified before (and during) their administrations. The president negotiates treaties, but those must be approved in the Senate by a 2/3 majority.
Because of the difficulty in gaining Senate ratification for a treaty, presidents will often resort to crafting what are commonly referred to as executive agreements. These types of agreements are negotiated between the president and another country, but do not require Senate approval. Executive agreements only last for the duration of that president's term. Any presidents who come after may dismiss the executive agreements of their predecessors.
In addition, the president has the power of appointment for many public offices. These include: Supreme Court justices, cabinet officers, heads of various government agencies, and ambassadors. These appointments must be confirmed through a majority vote of the Senate.
The Constitution requires that the president address Congress from time to time on the State of the Union. This has come to mean that the president gives an annual address detailing the progress of the nation.
The president also has the authority to call Congress into a special session at any time, for any reason.
Perhaps the most important power of the president is the ability to veto legislation passed by Congress. A veto blocks passage of a bill passed through Congress. It gives the president the ability to be a stop-gap measure against legislation that could negatively affect the nation. The Constitution also has a clause in Article II that states the president should "... take care that the laws be faithfully executed ..." This take care clause provides the president with additional powers that are not specifically listed in the Constitution, because it provides a great deal of leeway in making certain that the laws are carried out. It's similar to the necessary and proper clause found in Article I.
Informal powers of the President
Powers of the president that are not listed in the Constitution are commonly called inherent powers, and often, they pertain to foreign policy.
Presidents have the authority to issue executive orders. These orders cannot be conjured out of thin air. The president can give orders, but they must be an order based on already existing law. Executive orders, when issued, do have the force of law and also are subject to judicial review from the Supreme Court. All executive orders can be read and reviewed online. In modern administrations, it has become practice in writing an executive order, to first reference the laws upon which the order will be based.
An example of an executive order would be Executive order 9981, issued by President Harry Truman. He ordered that the military integrate black and white soldiers. The order was based on the fact that the Constitution enables the president as the commander-in-chief.
Another famous example came from President Lyndon Johnson, when he issued Executive Order 11246, which required all federal government agencies and departments to provide equal opportunity in employment regardless of "race, color, creed, or national origin." It also maintained that any private business who held contracts with the federal government must show "affirmative actions" that they had fair hiring practices. These orders were based on the Civil Rights Act of 1964.
Another power granted to the president is that of executive privilege, whereby the president can withhold information from the public or other areas of the government. President George Washington started the informal practice during his administration, and it remained unaltered until the Nixon administration. Nixon attempted to withhold audio tapes from the special prosecutors who sought to investigate the Watergate Scandal. The Supreme Court ruled in United States v. Nixon that while executive privilege was a legitimate presidential power, Nixon had no right to withhold evidence that was relevant a criminal trial.Budget preparation now falls under the power of the executive authority, though Congress has the ultimate say on whether or not to pass that budget. The president grants most of that responsibility to the Office of Management and Budget (OMB), which provides a detailed analysis of the proposals for the upcoming year and breakdowns of the current budget.
The president also holds special powers pertaining to the military, even when no declaration of war exists. Because the president needs to deal with emergency situations across the world, Congress passed the War Powers Resolution in 1973. This law allows the president to commit the military to anywhere in the world for up to 60 days without the approval of Congress. He must only notify Congress within 48 hours of deploying troops. After the 60 days have passed, Congress may reauthorize the deployment of troops for an additional 30 days or American forces must be brought home.
The War Powers Resolution also provides a limit to presidential power. Without the limitations, presidents might be tempted to leave troops overseas (to resolve emergencies) without receiving the approval from Congress. To pass this bill, Congress had to override President Nixon's veto.
The Vice-President
The Vice-Presidency is a strange office in American government. The role of this position is largely undefined. The only stated power of the vice-president in the Constitution is breaking a tie vote in the Senate. That's it. Most people view the vice-presidency as a political oblivion. FDR's first vice-president, John Nance Garner, described the vice-presidency as not being worth "a warm bucket of piss."
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| Who wouldn't want this guy on their team?! |
The qualifications for the vice-president are the same as those of the president. Should the president die, resign, or otherwise become incapacitated, the vice-president would assume that position.
As for the role of the vice-president in the president's administration, it's up to the president how much he or she would like to include the vice-president in decision making. Some presidents include their vice-presidents in policy making, such as George W. Bush. He relied heavily on the advice of Dick Cheney. Other presidents, such as Franklin Roosevelt, saw his VPs as almost an afterthought. When Harry Truman assumed the presidency after FDR's death, Truman had to be fully briefed on the atomic bomb because he had been kept completely in the dark about the project. (This also explains why FDR had three different vice-presidents).
The Cabinet
To help implement and adopt various policies, the executive branch divides up and compartmentalizes tasks similar to Congress' committee system. The executive branch has 15 different executive departments, each headed by an official that reports directly to the president. These officers are referred to the as the president's cabinet. Each of these 15 department heads is appointed by the president and confirmed by the Senate. They can be fired at the president's whim, though.
The 15 executive departments are:
Agriculture Commerce Defense Education
Energy Health & Human Services Homeland Security HUD (Housing)
Interior Justice Labor State
Transportation Treasury Veteran's Affairs
No, you don't need to memorize all the departments. However, some departments are more important than others. The four bolded and underlined departments listed above are considered to be the "inner cabinet." The policies of these departments have far-reaching implications, and the heads of these departments frequently meet with the president.
Each of these department heads is referred to by the title of "Secretary." For instance, the chief official in charge of the State Department is called the Secretary of State. All departments follow this pattern except the Justice Department, which is headed by the Attorney General.
Department heads are expected to give honest advice to the president about various situations and policies, but in public, they are expected to defend the president's policies and ideas even if they do not agree with them. Cabinet secretaries who disagree with the president in public, or put their own department's goals above the presidents are said to have 'gone native.'
New executive departments can be created by Congress, or they can also eliminate various departments if they so choose. The last department to be created was Homeland Security, which was born after the attacks of September 11, 2001.
The White House Staff
Because the executive departments are frequently busy attempting to enforce and implement laws, Franklin Roosevelt created two other entities to meet the needs of the presidency: The White House Staff and the Executive Office of the President (EOP).
The White House Staff refers to personal advisors who work directly in the White House and can be hired or fired at the president's behest. The most important of these officials is the president's Chief of Staff. This official is responsible for giving the president very candid advice, and typically someone who is very well known to the president and often a personal friend. The Chief of Staff also controls access to the president and sets his daily agenda. These tasks have given rise to the nickname of the Chief of Staff being "the gatekeeper."
The Chief of Staff also has two Deputy Chief of Staff positions, and usually two to three other officials given the title of Senior Advisor. These make up the core of the White House Staff, and they have grown increasingly more important to the president. He relies on their advice more often than the cabinet.
The Executive Office of the President
The Chief of Staff oversees certain agencies that work within the White House and report to the president. As with the cabinet, some of these agencies are more important than others.
Since the president is tasked with creating the federal budget, the OMB exists for that purpose (see above section in this article).
Also, the president has a Council of Economic Advisors. This group is a three person team that prepares an annual economic report about the nation's key financial issues, such as unemployment numbers, inflation rates, gross domestic product, etc.
Part of the EOP also includes a National Security Council, a group responsible for overseeing the various actions being pursued to maintain a safe nation. The NSC is headed by a National Security Advisor, who is often present in cabinet meetings and a de facto member of the White House Staff.
The Office of the First Lady is also included in the EOP, and this wasn't always a particularly meaningful position. Before the 1930s, the First Lady's job was mainly as a hostess for White House events. Eleanor Roosevelt changed that mindset, as she took an active role in attempting to influence policy both through her husband and without him.
Since Roosevelt's time as First Lady, the position has evolved. The First Lady is now expected to adopt a policy position of some kind and pursue positive change. The policies adopted by the Office of First Lady usually are not controversial. For instance, Michelle Obama is attempting to reduce the problem of childhood obesity. Laura Bush promoted childhood literacy. Nancy Reagan encouraged children to "Just Say No" to drugs.
The Bureaucracy
The executive branch has so many responsibilities in the modern world, it has grown in the size of agencies and employees that work under its authority. The bureaucracy is the hundreds of government agencies who help the executive branch implement and enforce laws. There are two main types of government agencies in the bureaucracy: independent government agencies and regulatory commissions.
Independent government agencies are similar to a cabinet department, but they are much more specific and tend to focus on one specific policy area. The National Aeronautics and Space Administration (NASA) is a prime example of an independent government agency. NASA is the government entity responsible for space exploration.
The Central Intelligence Agency (CIA) is another example of an independent agency, and they act as a spy agency for the United States. Another example would be the Environmental Protection Agency (EPA) which has been empowered by Congress to create and enforce pollution standards for ground, air, and water.
Government agencies have a director/agency head that is appointed by the president, and confirmed by the Senate.
Regulatory commissions are created to specifically regulate and monitor a certain economic activity. Regulatory commissions are not headed by an individual, but by a group of people who serve staggered terms (to prevent any one president from choosing all the members of that commission).
An example of a regulatory commission is the Securities and Exchange Commission (SEC). They monitor the stock market and create rules of fair play for investors. Their regulations have the force of law.
The Food and Drug Administration (FDA) implements certain regulations on food items and pharmaceuticals so that we know these products are safe for consumption.
The Federal Communications Commission (FCC) creates standards and rules for any machines that broadcast over the air, including radio, television, and Internet.
These commissions differ from government agencies because they don't actively participate in the field that they monitor.
Aside from independent agencies and regulatory commissions, the bureaucracy includes what are called government corporations. These are government organizations that actively compete in a field against private companies. For instance, the U.S. Postal Service is labeled as a government corporation, meaning that it does not receive tax dollars, but must generate its own revenue like any other business. Amtrak is another example of a government corporation.
Change in the Role of the President
The Constitution has the presidency in a secondary role. Remember, Article I outlined the legislative branch and it was the most extensively addressed of the three branches. Article II deals with the executive branch and isn't written as in depth as Article I. The primary authority in the federal government was meant to be Congress.
The model of federal authority in the Constitution was used throughout the end of the 18th and the entire 19th centuries. Congress was seen as the primary policy making institution and the president was only meant to be powerful in times of emergency or war. Most of the presidents throughout the 19th century were very forgettable, but not because they weren't capable men. They stuck to the role given to them by the Constitution.
Though most presidents during the early part of the republic's history took a backseat to Congress, there were notable exceptions: Washington, Jefferson, Jackson, and Lincoln. These men were very active presidents and influenced more than other presidents of their era.
Can you answer: What key changes took place to make the president a more powerful figure than Congress?
The "Modern Presidency" is drastically different than the days of the 19th century. Since the Theodore Roosevelt administration, presidents have become far more active and powerful in the White House. Modern presidents tend to fall into one of two categories: imperial presidents or institutional presidents.
Imperial presidents are executives who seek to push the boundaries of presidential power. They are typically very active in their administration and believe they should be imbued with a broad amount of authority over the other two branches. Additionally, these presidents tend to make many decisions on their own while ignoring the advice of subordinates.
Richard Nixon would be the best example of an imperial president. He attempted to maneuver around Congress' powers in any capacity he could. He made decisions that were often illegal and justified it under the rationale that the president was above laws that governed civilians.
Institutional presidents are less prone to push the limits of presidential authority. They work within the Constitutional framework but still attempt to manipulate affairs without pushing the boundaries of the law. Often, these types of presidents delegate important policy decisions to advisors and bureaucrats within the executive branch. They look at the offices in the EOP, or the White House Staff as being there for a reason, and to trust those people to give good advice.
Can you answer: Which presidents would you classify as imperial or institutional?
The Broader Roles of the President
Despite having certain roles prescribed by the Constitution or implied therein, the president has broader roles that Americans and the world expects. The growing number of international crises in the 20th and 21st centuries inadvertently expanded the role of president to the point where he or she is now expected to be a crisis manager in world affairs.
Though many government officials in the executive branch, legislative branch and government agencies play a part in handling problems that may arise in the United States, the people look to the president as a singular voice to deal with threats in a decisive and quick manner.
During a crisis situation, presidents often have what are referred to as rally points. These represent instances where a president has a distinct opportunity to boost his public opinion ratings through the successful handling of a crisis.
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| After 9/11, Bush was riding a wave of popularity ... |
Rally points can backfire however. If a president fails to seize the moment, he can appear to be 'asleep at the wheel.' Bush also experienced this in 2005, after Hurricane Katrina hit the New Orleans area and surrounding states. The Federal Emergency Management Administration (FEMA) took days to send aid to areas affected by the hurricane. (It also led to this awkward moment from Kanye West.)
Presidents will also take a part in creating an agenda for their administration. Each president will attempt to enact particular policies that they believe will benefit the nation as a whole. Presidents typically establish many policy positions during the campaign and work to implement those during their presidency.
With respect to foreign policy, the president is always seen as being the primary director of policy decisions. Congress does assist in implementation and the decision making, but the president is given priority in this area. Presidents are usually seen as having either a hard policy or a soft policy.
Hard policy, or hard power, involves the willingness to use economic sanctions and military might to influence other nations to comply with our objectives. This doesn't mean a hard policy does not include the use of diplomacy, but presidents who prefer a hard power approach are more apt to coerce compliance from other nations.
Soft policy emphasizes using diplomacy as the primary means to achieving goals in foreign affairs. Military intervention or use of coercive tactics aren't out of the question in using this approach, but are considered a last resort.It's easier for presidents to implement foreign policy over domestic because the powers given to them in the Constitution relate more toward that field. However, this doesn't mean that presidents don't attempt to influence domestic policy.
Rightly or wrongly, the American people expect the president to make the nation a better place. Because of this, presidents attempt to change domestic policy mainly through influencing Congress to pass particular pieces of legislation. During a four year term, a president wants to pass at least one major piece of legislation through. This is not only to improve the nation, but to leave a legacy. Consider some of the past presidents and their major achievements in domestic policy:
- Franklin Roosevelt - Social Security Act
- Dwight Eisenhower - Interstate Highway Act
- Lyndon Johnson - Civil Rights Act and Medicare/Medicaid
- Bill Clinton - North American Free Trade Agreement (NAFTA) and Welfare Reform Act
- George W. Bush - No Child Left Behind Act
- Barack Obama - Affordable Care Act
The Chief Legislator
One of the more difficult aspects of attempting to push legislation through Congress comes from dealing with a divided government. How does a president influence Congress when its loaded with members from the other major party?
A tactic presidents use frequently against a Congress controlled by the opposing party is veto bargaining, which is where the president uses the threat of vetoing legislation in an attempt to force Congress to focus on the issues he wants, rather than the issues they want.
A great example of the president using the threat of a veto was early in January of 2015, where a Republican controlled Congress had just taken office. The GOP wanted to pass legislation that would create the long-debated Keystone Oil Pipeline from Canada through the Midwestern United States. President Obama immediately informed Congress that they shouldn't waste their time on such legislation because he would veto it with no hesitation.
Presidents will also try to manipulate Congress by "going public." This means the president will inform the American public of what he wants to achieve and attempt to gain their support. The hope is that the pressure would then be upon Congress to act in accordance with the president's wishes. The ability for the president to go public with an issue or policy is easier because he has the "bully pulpit," the ability to command media attention at any time. The president can gain this access to the media because he is the only elected official that represents the entire nation.
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| Teddy practically invented the bully pulpit! |
Other methods of persuading Congress depend upon the resources that a president has available. Certain political resources dictate whether or not the president will be able to leverage Congress into acting.
One such political resource is a mandate from the people. This occurs when a president is elected with more than 50% of the popular vote. When a president has such a mandate, he can use this to convince Congress that the people support his policies.
Presidents also have the ability to achieve more in their policy decisions when they have higher public approval ratings. When the president's approval ratings are up, Congress is less likely to challenge his agenda for the nation.
A president will be able to enact various policies depending on the number of seats his party has in Congress. If the president is a Democrat, and the majority of Congress are also members of that party, then they are more likely to buy into his plans.
The president's ability to shape policy also depends on the personal resources available. Different people who occupy the White House have varying amounts of time and energy they put into the job. Some presidents, such as Calvin Coolidge, were very hands off in their approach to the presidency, and often slept 12 hours a day. Others were in the mold of Lyndon Johnson, who worked vigorously throughout the day, sometimes getting as few as 4-5 hours of sleep. The success of a presidency sometimes hinges on the amount of time a person puts into it.
Previous political experience also determines the success or failure of a president in getting Congress to enact certain policies. Directly prior to their election, most presidents served as governors. This position gives a person a great deal of experience as a chief executive.
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