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Unit Five: The Executive Branch Section 1: Section 2: Section 3: Section 4: Section 5: Section 6: Section 7: Section 8: Section 9: Section 10: 1|Page The Presidency Electing the President Presidential Powers and Leadership Styles Roles of the President The Cabinet and The Executive Office The Federal Bureaucracy Civil Service and the Influence of Bureaucracy Foreign Policy State and Defense Departments Foreign Policy Outline p.2 p.5 p.8 p.13 p.17 p.22 p.26 p.30 p.37 p.39 Section 1: The Presidency ■What qualifications for the office of president do you think are most necessary for carrying out the duties of the office? ■What are the constitutional provisions for filling the executive office if the president is unable to perform those duties? Duties of the President The constitutional duties of the nation’s first president, George Washington, and those of a modern president are much the same. However, presidents today have enormous power and responsibility. For example, the Constitution makes the president the commander in chief of the nation’s armed forces. Today the president oversees a military divided into four major units, makes decisions of how to deploy troops stationed throughout the world, and manages a defense budget of almost $400 billion. In addition to commanding the military, the constitution gives the president responsibility appoint—with Senate consent—heads of executive departments, federal court judges, and other top officials. In conducting foreign policy, the president makes treaties with the advice and consent of the Senate, meets with heads of state, hosts foreign officials, and appoints ambassadors to represent the United States in other countries. The most important duty of the president may be to ensure that all the laws of the United States are “faithfully executed.”A vast bureaucracy assists the president in this task. A president may pardon people convicted of federal crimes, except in cases of impeachment, or reduce a person’s jail sentence or fine. The president has lawmaking power. Each year the president delivers a State of the Union message to Congress, in addition to other messages from time to time. Today Congress expects a president to take some leadership in proposing policy changes. President’s Term and Salary Originally, the Constitution did not specify how many four-year terms a president may serve. George Washington set a long-held precedent when he served for eight years and refused to run for a third term. However, in 1940 and 1944, Franklin D. Roosevelt broke this tradition when he ran for a third and a fourth term. The Twenty-second Amendment Reaction to Roosevelt’s unprecedented four terms in office and concern over too much executive power led Congress to propose and the states to ratify the Twenty-second Amendment in 1951.The amendment secured the traditional presidential limitation of two terms, while allowing a vice president who takes over the presidency and serves two years or less of the former president’s term to serve two additional terms. Thus, it is possible for a president to serve up to 10 years. Salary and Benefits The Constitutional Convention determined that presidents should receive compensation. The Constitution did not specify the amount of compensation, or salary, but left the matter for Congress to determine. Between 1969 and 2001, the president received $200,000 a year in taxable salary and $50,000 a year for expenses connected with official duties. In 1999, Congress raised the president’s salary to $400,000. Other benefits (some that are necessary for security reasons) are provided to the president. For example, Air Force One, a specially equipped jet, as well as other planes, helicopters, and limousines are made available to the president and close assistants. Presidents receive free medical, dental, and health care. They live in the White House, a 132-room mansion with a swimming pool, bowling alley, private movie theater, and tennis courts. When presidents retire, they receive a 2|Page lifetime pension, now $148,400 a year. They also have free office space, free mailing services, and up to $96,000 a year for office help. While these benefits offer financial security to the president and his family, money is not the reason that people seek the presidency. Presidential Qualifications The Constitution sets basic qualifications for president. Other qualifications reflect personal qualities expected of presidents. Most Americans over the age of 35 can meet the constitutional requirements for the presidency. Very few can meet the informal requirements. Constitutional Requirements In Article II, Section 1, the Constitution defines the formal requirements for the office of president. The president must be: (l) a natural-born citizen of the United States; (2) at least 35 years old; and (3) a resident of the United States for at least 14 years before taking office. The same requirements apply to the vice president. Government Experience Many other qualities are necessary for a person to have a real chance of becoming president. Experience in government is an unwritten but important qualification. Since 1868, for example, only five major-party candidates for the presidency had no previous political experience, with Dwight D. Eisenhower as the most recent example. Since 1900, candidates who have served as United States senators or as state governors have most often won the presidential nomination. For example, Bill Clinton had served as governor of Arkansas and George W. Bush as governor of Texas. A political career provides the opportunity to form political alliances necessary to obtain a party’s nomination as well as the name recognition necessary to win votes. Importance of Money Running for the presidency demands large amounts of money from supporters and also requires using one’s own personal finances. Paying for television time, hiring campaign staff and consultants, and sending out mailings add up to tens of millions of dollars. The Bipartisan Campaign Reform Act of 2000 is an effort to reform campaign fund raising. This act adjusts limits on the amount of money candidates may receive from individual donors and the manner in which political parties may spend funds during the election. Candidates may spend up to $33.78 million in the primaries and an additional $67.56 million in the general election. If the candidates spend more than this, they lose millions of dollars in federal matching funds. Campaign finance reform is an ongoing issue being debated in Congress and reviewed by the Supreme Court. Political Beliefs Because extremely liberal or conservative candidates have little chance of being elected, the major parties usually choose presidential candidates who hold moderate positions on most issues. Exceptions do, however, sometimes occur. In 1964 Barry Goldwater, a very conservative Republican, became his party’s presidential candidate. In 1972 a very liberal Democrat, George McGovern, won the nomination. Both of these candidates were soundly defeated in the general election. Personal Characteristics What personal characteristics does a person need to become president? Most presidents have come from northern European family backgrounds. A few have been from poor families (Abraham Lincoln and Harry S Truman, for example) and a few from wealthy ones (both Theodore and Franklin Roosevelt and John F. Kennedy).Most presidents, however, have come from middle-class backgrounds. Presidents generally have been white, married, Protestant, financially successful men. In 1960 John F. Kennedy became the first Roman Catholic to win the office. Geraldine Ferraro, Democratic candidate for vice president in 1984, was the first woman nominated by a major party for high office. Barack Obama was the first minority to be elected president. 3|Page Presidential Succession Eight presidents have died in office—bullets struck down four; four died of natural causes. After John F. Kennedy was killed in 1963, the country realized that the rules for presidential succession the Constitution established were inadequate. The nation needed a new set of rules to determine who would fill the president’s office in case of a vacancy. Order of Succession Ratified in 1967, the Twenty-fifth Amendment established the order of succession to the presidency and spelled out what happens when the vice presidency becomes vacant. The amendment was first applied in 1973 after Spiro Agnew resigned as Richard Nixon’s vice president. President Nixon then nominated Gerald Ford as vice president, and Congress approved the nomination. Less than a year later, when President Nixon resigned from office, Vice President Ford became president. Ford then nominated Nelson Rockefeller, former governor of New York, as vice president, and Congress again approved the nomination. This process marked the only time in United States history that both the president and vice president were not elected to these offices. What would happen if the offices of president and vice president both became vacant at the same time? According to this law, the next in line for the presidency is the Speaker of the House. The president pro tempore of the Senate follows the Speaker. Next in line are the cabinet officers, starting with the secretary of state. The other 14 department heads follow in the order in which Congress created the departments. Presidential Disability What happens if a president becomes seriously disabled while in office? Several presidents were not able to fulfill their responsibilities. The Twenty-fifth Amendment sets forth a series of rules to be followed when a president becomes disabled. The amendment provides that the vice president becomes acting president under one of two conditions. First, the vice president assumes the president’s duties if the president informs Congress of an inability to perform in office. Second, the amendment says that the vice president will take over for the president if the vice president and a majority of the cabinet or another body authorized by law inform Congress that the president is disabled. This second provision would take effect if a disabled president was unwilling or unable to inform Congress that he or she could not continue to carry out presidential duties. Under the terms of the Twentyfifth Amendment, the president can resume the powers and duties of office at any time simply by informing Congress that a disability no longer exists. The Vice President’s Role The Constitution gives the vice president only two duties. First, the vice president presides over the Senate and votes in that body in case of a tie. Most vice presidents spend very little law, time in this job. Second, under the Twenty-fifth Amendment, the vice president helps decide whether the president is disabled and acts as president should that happen. Fourteen vice presidents have become president. Of these, nine vice presidents have succeeded to the office upon the death or resignation of the president. Some have done so under difficult circumstances. Harry S Truman became president in 1945, near the end of World War II, when Franklin D. Roosevelt died in office. A vice president’s work and power depend upon what responsibilities, if any, the president assigns. Hubert Humphrey, Lyndon Johnson’s vice president, once said, “The only authority he [the Vice President] has is what the President gives him. He who giveth can taketh away.” The presidents before Eisenhower (1953- 1961) usually ignored their vice presidents. Since Eisenhower, however, presidents have tried to give their vice presidents more responsibility. Vice presidents today often participate in policy discussions and special assignments such as making speeches defending the president’s policies. In addition, they are involved in diplomatic activities such as representing the president overseas. Vice presidents are also members of the National Security Council. 4|Page Section 2: Electing the President ■What evidence suggests that the Founders did not anticipate the effects of political parties on presidential elections? ■Based on the historical record of elections, how well has the Electoral College performed in selecting presidents the nation wanted? The Original System Article II, Section 1, established the Electoral College. It provided that each state would choose electors according to a method the state legislatures set up. Each state would have as many electors as it had senators and representatives in Congress. At election time, the electors would meet in their own states and cast votes for two presidential candidates. This vote was the electoral vote. No popular vote was cast for the early presidential elections. Electoral votes from all the states would be counted in a joint session of Congress. The candidate receiving a majority of the electoral votes would become president. The candidate receiving the second highest number of votes, who also had a majority, would become vice president. In case of a tie, or if no one received a majority, the House of Representatives would choose the president or vice president, with each state having one vote. As expected, the Electoral College unanimously chose George Washington as the nation’s first president in 1789 and 1792. After President Washington retired, however, political parties began to play an important role in national elections. Political parties had an unexpected and profound impact on the Electoral College system. The Impact of Political Parties By 1800 two national parties—the Federalists and the Democratic-Republicans—had formed. Each party nominated its own candidate for president and vice president. Each party also nominated candidates for electors in every state. It was understood that if they were chosen, these electors would vote for their party’s candidates. In the election of 1800, the Democratic-Republicans won a majority of electoral votes. As agreed, each DemocraticRepublican elector cast one vote for each of the party’s candidates—Thomas Jefferson and Aaron Burr. While most electors wanted Jefferson as president, both Jefferson and Burr wound up with 73 votes. Because of the tie, the election went to the House of Representatives. The opposing party, the Federalists, controlled the House of Representatives. Popular opinion in the nation supported Jefferson, but many Federalists in the House favored Burr. The House debated day and night for six days. Thirty-six ballots were taken before Jefferson was finally elected president and Burr vice president. The 1800 election clearly demonstrated the need for a change in the rules before the next election. The Twelfth Amendment was added to the Constitution in 1804 to solve the problem. It requires that the electors cast separate ballots for president and vice president. The amendment also provides that if no candidate receives a majority of the electoral votes, the House chooses from the three candidates who have the largest number of electoral votes. The Electoral College System Today The Electoral College is still the method of choosing the president and vice president. Parties choose their nominees for president in conventions held in late summer. Voters cast their ballots for president every four years (1992, 1996, 2000, etc.) on the Tuesday after the first Monday in November. While the candidates’ names are printed on the ballot, the voters are not actually voting directly for president and vice president. Rather, they are voting for all of their party’s electors in their state. In December these electors will cast the official vote for president and vice president. Thus, a vote for the Democratic candidate is actually a vote for the Democratic 5|Page electors, and a vote for the Republican candidate is a vote for the Republican electors. The Electoral College includes 538 electors—a number determined by the total of House and Senate members plus 3 for the District of Columbia. Each state has as many electors as it has senators and representatives in Congress. To be elected president or vice president, a candidate must win at least 270 of the 538 votes. The Electoral College is a winnertake-all system with the exception of Maine and Nebraska. The party whose candidate receives the largest popular vote in any state wins all the electoral votes of that state even if the margin of victory is only one popular vote. The winning presidential candidate is usually announced on the same evening as the popular election because popular-vote counts indicate who won each state. The formal election by the Electoral College, however, begins on the Monday following the second Wednesday in December when the electors meet in each state capital and cast their ballots. The electoral ballots from each state are sealed and mailed to the president of the Senate for a formal count. On January 6 both houses of Congress meet in the House of Representatives to open and count the ballots. Congress then officially declares the winner president. Most states do not legally require electors to vote for the candidate who wins the popular vote, but electors usually do so. A few electors, however, have ignored this tradition. In 1976 an elector from the state of Washington voted for Ronald Reagan, even though Gerald Ford had won the majority of popular votes in the state. In 2004, an elector from Minnesota voted for John Edwards, the Democratic vice-presidential candidate, for both president and vice president. Over the years, nine other electors have broken with custom. Electoral College Issues The Electoral College system works well in most elections. However, the call for reform is heard after every closely contested election. Critics point to three major weaknesses in the system that could affect the outcome of an election. Winner Take All In all but two states (Maine and Nebraska), if a candidate wins the largest number of popular votes, that person receives all the state’s electoral votes. Critics argue that this system is unfair to those who voted for a losing candidate. For example, in 1992 more than 2 million Texans voted for Bill Clinton, but Clinton did not receive any of Texas’s electoral votes. The winner-take-all system makes it possible for a candidate who loses the popular vote to win the electoral vote. This usually happens when a candidate wins several large states by narrow margins. Four times in American history—in the elections of John Quincy Adams in 1824, Rutherford B. Hayes in 1876, Benjamin Harrison in 1888, and George W. Bush in 2000—the candidate who lost the popular vote won the election. In the 2000 election, for example, Democrat Al Gore won about 500,000 more popular votes than Republican George W. Bush. Bush, however, received 271 electoral votes to 266 for Gore. Third-Party Candidates When a third-party candidate is a strong presidential contender, other problems can arise. A third-party candidate could win enough electoral votes to prevent either major-party candidate from receiving a majority of the votes. The third party could then bargain to release electoral votes to one of the two major party candidates. Election by the House If no candidate receives a majority of the electoral votes (270), the House of Representatives must decide a presidential election, each state casts one vote. The candidate who receives 26 or more of the votes is elected. Election by the House involves three problems: (l) States with small populations, such as Alaska or Nevada, have as much weight as states with large populations, such as New York or California. (2) Under the rules, if a majority of representatives from a state cannot agree on a candidate, the state loses its vote. (3) If some members of the House favor a strong third-party candidate, it could be difficult for any candidate to get the 26 votes needed to win. 6|Page Ideas for Reform People usually criticize the Electoral College system whenever problems arise. Many changes to the system have been proposed. One idea is to choose electors from congressional districts. Each state would have two electoral votes, plus one vote for each congressional district in the state. The candidate winning the most votes in a congressional district would win the electoral vote in that district. The candidate winning the most districts in a state would, in addition, receive the two statewide electoral votes. Another plan proposes that the presidential candidates would win the same share of a state’s electoral vote as they received of the state’s popular vote. If a candidate captured 60 percent of the popular vote, for example, the candidate would earn 60 percent of the state’s electoral vote. This plan too would cure the winner-take-all problem. Moreover, it would remove the possibility of electors voting for someone that they are not pledged to support. Critics of the plan point out that it could possibly enlarge the role of third parties and complicate the election process. Because third-party candidates could get at least some share of the electoral vote in each election, they might also be able to force a presidential election into the House of Representatives. Direct Popular Election Another plan is to do away with the Electoral College entirely. Instead, the people would directly elect the president and vice president. While this alternative may seem obvious, some have criticized it on the grounds that it would greatly change the structure of the federal system. It would undermine federalism because the states would lose their role in the choice of a president. It would also mean that candidates would concentrate their efforts in densely populated areas. Large cities such as New York and Los Angeles could control the outcome of an election. The Inauguration The new president, called the president- elect until the inauguration, takes office at noon on January 20 in the year following the presidential election. The Constitution requires the president to take this simple oath: I do solemnly swear (or affirm), that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States. By custom, an inaugural ceremony is held outside the Capitol in Washington, D.C., weather permitting. The new president rides with the outgoing president from the White House to the Capitol for the inauguration ceremonies. With the outgoing president, family members, government officials, and citizens looking on, the chief justice administers the oath of office. The new president then gives an Inaugural Address. Members of Congress, foreign diplomats, and thousands of citizens attend the inaugural ceremony. Millions watch on television. After the speech, a parade goes from the Capitol to the White House. That evening official parties celebrate the inauguration to thank people who supported the president’s election campaign. 7|Page Section 3: Presidential Powers and Leadership Styles ■Why do presidential powers tend to grow in times of national emergency? ■What are the sources of and limits to the powers of the president? ■Why are communication skills so important to being an effective president? Many presidential powers are not specifically mentioned in the Constitution. They have developed over time, reflecting the changing needs of the nation and personalities of the presidents. The Founders crafted the office with caution, relying on their understanding of human nature and their experience with kings and colonial governors. They also realized that the executive office would reflect the personal characteristics of the person chosen to serve. The sources and limitations of presidential power have interacted throughout the nation’s history. The presidency may have been defined by the Constitution; however, the immediate needs of the nation, the personal energy and influence of each president, and the mandate, or expressed will of the people, have shaped the office of the presidency into its modern form. Constitutional Powers First, the Founders knew that one of the main weaknesses of the Articles of Confederation was its lack of an independent executive. Without an executive the government had no one to carry out the acts of Congress. Moreover, this lack made it difficult for the government to respond quickly to problems and to enforce laws. Second, many of the Founders distrusted direct participation by the people in decision making. The Founders feared that mass democratic movements might try to redistribute personal wealth and threaten private property. Consequently, they wanted a strong executive branch that would protect liberty, private property, and businesses and would hold the legislative branch, which the people could influence, in check. Presidential Powers in Article II Article II of the Constitution grants the president broad but vaguely described powers, simply stating that “The Executive Power shall be vested in a President of the United States of America.” Sections 2 and 3 of Article II define the president’s powers. As commander in chief of the armed forces, the president is mainly responsible for the nation’s security. As head of the executive branch, the president appoints—with Senate consent— heads of executive departments. The Chief Executive also conducts foreign policy, making treaties with the advice and consent of the Senate and appointing ambassadors. The president also has judicial powers—to appoint federal court judges, to pardon people convicted of federal crimes except in cases of impeachment, or to reduce a person’s jail sentence or fine. Working with the legislature, the president ensures that the laws Congress passes are “faithfully executed.” The president delivers an annual State of the Union message to Congress, proposes legislation, and may call Congress into special session when necessary. Informal Sources of Power The Constitution’s list of presidential powers is brief and simple. Yet, since Washington’s time, the president’s powers have greatly expanded. Today these powers come from several sources in addition to the Constitution. Personal Exercise of Power Over the years several presidents have added to the power of the presidency simply by the way they handled the job. Each president has defined the office in unique ways. Several presidents have enlarged the powers of the presidency by their view and exercise of power. In 1803 Thomas Jefferson made the decision to purchase the Louisiana Territory from France. Nothing in the Constitution, however, stated that a president had the power to 8|Page acquire territory. Jefferson decided that the presidency had inherent powers, or powers attached to the office itself. These were powers the Constitution did not specifically define but that Article II implied. The Senate agreed with Jefferson and ratified the Louisiana Purchase treaty. Immediate Needs of the Nation During the Civil War Abraham Lincoln took action that caused people to call him a dictator. He suspended the writ of habeas corpus and jailed opponents of the Union without a trial or legal authority to do so. He raised an army before getting Congress’s approval. He took illegal action against the South by blockading its ports. Lincoln claimed the Constitution gave him the authority to do what was necessary to preserve the Union. In the end, the nation agreed with the president. Franklin D. Roosevelt used the power of the presidency to expand the role of the federal government in the nation’s economy. At a time of severe economic depression, Roosevelt persuaded Congress to create many new social and economic programs and to set up new federal agencies to run them. After Roosevelt’s administration, Americans came to expect the president to take a firm hand in directing the nation’s economic as well as political life. Members of Congress sometimes complain about presidents having too much power. Yet Congress has often granted a president special powers, especially during emergencies. Mandate of the People All presidents like to claim that their ideas and policies represent a mandate from the people. A popular mandate—strong popular support—is one of the greatest sources of power for a president. However, the president’s popularity ratings change almost daily. Most modern presidents, therefore, have learned to use all forms of mass media to communicate their message to the people and gain popular support. Today, television gives presidents even greater power to convey their ideas and personalities directly to the American people. The media called President Ronald Reagan “the Great Communicator” partly because of his ability to deliver his message directly to the people through television. People often judge a president’s ideas according to the personal appeal of the president on television, a fact presidents know very well and try to use to their advantage. Major newspapers and magazines also provide a forum, or medium for discussion, for presidential messages. These media, in addition to television and radio networks, assign reporters to cover the president full time. White House staff members make sure the reporters receive a steady flow of information about the president’s activities and ideas. One of the staff ’s objectives is to create the image of a president as an active, personable servant of the people. Limits on Presidential Power The Founders built significant safeguards against the abuse of presidential power into the Constitution. Both Congress and the courts have powers that limit the president’s authority. Other factors not mentioned in the Constitution also affect the president’s actions. Limitation by Congress The Constitution gives Congress the power to pass legislation over a president’s veto. A congressional override of a veto may limit a president’s effectiveness in carrying out a legislative program or in using executive powers. In 1973 Congress overrode President Nixon’s veto of the War Powers Act that prevented presidents from committing troops to combat for more than 60 days without congressional approval. Congress felt that Nixon and previous presidents had abused their power as commander in chief by involving American soldiers for prolonged periods in an undeclared war in Vietnam. Other important limitations include the Senate’s confirmation power, the power of the purse, and the power to impeach a president. Historically, impeachment proceedings have been initiated against three presidents, but only 9|Page two presidents have actually faced impeachment. The House of Representatives impeached President Andrew Johnson in 1868, but the Senate acquitted him by a margin of one vote. After a short trial in early 1999, the Senate acquitted President Bill Clinton on the two impeachment charges that had been brought by the House. President Richard Nixon resigned in 1974 before the impeachment charges could be brought to the full House. No president has ever been removed from office by impeachment. Limitation by the Federal Courts The federal courts have a constitutional power to limit a president. The case of Marbury v. Madison (1803) established the Supreme Court’s right to review legislative actions. During the Great Depression, the Supreme Court ruled some of President Franklin D. Roosevelt’s New Deal legislation unconstitutional. Limitation by the Bureaucracy The federal bureaucracy sometimes limits presidential powers. Bureaucrats can obstruct presidents’ programs unintentionally by failing to provide needed information, by misinterpreting instructions, and by neglecting to complete a task properly. Bureaucrats have the discretion to interpret as they best see fit. At times their interpretations may not reflect the president’s priorities either intentionally or unintentionally. Limitation by Public Opinion Public opinion can also limit a president. In 1968 public dissatisfaction with President Lyndon Johnson’s conduct of the Vietnam War forced him not to run for reelection. Without favorable public opinion, a president cannot succeed in carrying out a political program. One of President Clinton’s announced goals in his first administration was to restructure the health-care system. The administration began a major study of health care. Meanwhile, all the interest groups that would be affected began to raise questions. Public opinion eventually derailed the changes. The Founders could not build into the Constitution provisions for regulating the moral character of a president. Public opinion, especially through the use of mass media, supports the checks and balances that serve to limit the powers of a president. Increased Responsibilities When they wrote the Constitution, the Founders anticipated that Congress, not the president, would lead the nation. At best, the president was to be the nation’s chief administrator and, in time of war, its commander in chief. Instead, over the years the powers and duties of the president have grown steadily. Today the president has the main responsibility for national leadership. Public opinion surveys clearly show that Americans look to the president to exercise strong leadership, to keep the peace, and to solve economic and social problems. Sometimes presidents demonstrate leadership by introducing bold new ideas. President Truman did this in 1948 when he announced measures to end discrimination against African Americans. More often, however, presidents demonstrate leadership by responding to crises, problems, or opportunities as they occur. Leadership Qualities and Skills What kinds of qualities and skills do presidents need to exercise leadership? Several specific leadership qualities common to all good administrators can be identified. Many presidents generally exhibit more than one of these qualities and skills. Several great presidents have had them all. Understanding the Public A president must know and understand the American people. The most successful presidents have had a genuine feel for the hopes, fears, and moods of the nation they seek to lead. Understanding the people is necessary to gain and hold their support. Public support, in turn, can give a president real leverage in influencing lawmakers. As a 10 | P a g e representative body, Congress is very sensitive to the amount of public support a president can generate. When a president is popular, presidential proposals and policies are better received by Congress than when the public holds a president in low regard. Ability to Communicate Successful presidents must be able to communicate effectively— to explain their policies clearly and to present their ideas in a way that inspires public support. Franklin D. Roosevelt was a master at communicating. He held weekly press conferences during which he answered all questions. After “fireside chats” on the radio, he sometimes received as many as 50,000 letters of public support a day. A president who cannot communicate effectively may have difficulty exercising leadership. Sense of Timing A successful president must know when the time is right to introduce a new policy or to make a key decision as well as when to delay doing so. Skillful presidents often use their assistants or cabinet secretaries to test a position on a controversial issue. One way is to deliberately leak information to the press. Another device is to have a cabinet secretary or an aide make a statement about the issue or give a speech about it. If public and congressional responses are favorable, the president then supports the position and may implement the policy. If reaction is unfavorable, the idea may be quietly dropped, or the president may begin a campaign to shape public opinion on the issue. Openness to New Ideas Good leadership also requires the capacity to be flexible and open to new ideas. Consequently, an effective president must be receptive to new solutions to problems. Presidents who are flexible are willing to engage in informal give-and-take sessions with their advisers. Presidents Franklin Roosevelt and John Kennedy liked to hear their staffs argue differing positions. In contrast, President Ronald Reagan did not tolerate serious dissension among his staff. Ability to Compromise A successful president must be able to compromise. The nature of politics is such that even the president must often be willing to give up something in order to get something in return. Presidents who are successful leaders are able to recognize that sometimes they may have to settle for legislation by Congress, for example, that provides only part of what they want. Presidents who will not compromise risk accomplishing nothing at all. Perhaps the most tragic example of a president’s unwillingness to compromise is the experience of Woodrow Wilson after World War I. President Wilson favored a League of Nations. The League was to be a global organization that would help prevent future wars. When the treaty came before the Senate for ratification, several senators raised objections to parts of the plan for the League. President Wilson, however, refused to make any changes in the plan for the League to satisfy the senators’ objections. By insisting on everything he wanted, Wilson lost everything. The Senate rejected the treaty, and the United States never joined the League. Political Courage A successful leader must have political courage. Sometimes presidents must go against public opinion in taking actions they believe are vital to the nation’s well-being. To be great leaders, presidents must at times have the courage to make decisions they know will be unpopular with the voters. President Lincoln made the greatest of such decisions during the Civil War. Presidential Isolation Information and realistic advice are key ingredients for successful decision making. As presidents have become more dependent on the White House staff, however, the danger that they may become isolated from the 11 | P a g e information and advice they need has increased. Modern presidents get very special treatment. They can begin to see themselves as deserving only praise and to consider their ideas as above criticism. Presidents may discourage staff members from disagreeing with them or giving them unpleasant advice. No matter how well they know the president as a person, the office of president awes almost all staff advisers. Such feelings can make it difficult for staff to present unpleasant news or voice criticism, which may mean that the president sometimes receives onesided views of an issue. Therefore, top members of the White House staff are closer to the president than any other government officials. Not only do top staffers have easy access to the president, but they also use their closeness to control others’ access. Keeping in direct touch with the public can be very difficult, if not impossible, for a modern president. The need for cabinet members to protect the interests of their departments and the constituent groups they serve always influences the advice they give. The Use of Executive Privilege Presidents do not want the information from their advisers to become public knowledge. In order to keep White House discussions and policy making confidential, modern presidents have sometimes used executive privilege. Executive privilege is the right of the president and other high-ranking executive officers, with the president’s consent, to refuse to provide information to Congress or a court. Although the Constitution does not mention executive privilege, the concept rests on the principle of separation of powers. Limits of Executive Privilege Presidents have long claimed that executive privilege also protects their communication with other members of the executive branch. They argue that executive privilege is necessary if they are to get frank opinions and advice from their assistants. Until recently, neither Congress nor the courts had much need to question members of the White House staff. These presidential aides traditionally had little to do with making policy. The various cabinet departments made key policy decisions, and Congress could call department heads to testify as part of its oversight function. Because more policy making has been taking place in the Executive Office of the President, however, the constitutionality and limits of executive privilege have become an important question. United States v. Nixon In 1974 the Supreme Court issued a major decision on executive privilege. President Nixon had secretly taperecorded his conversations with key aides about the Watergate cover-up. In United States v. Nixon, the Court unanimously ruled that the president had to surrender the tapes to the special prosecutor investigating the scandal, therefore ruling that there were limits to executive privilege. The Court’s decision did not end the controversy over executive privilege. While many support the view that presidents need such privacy in their communications, others disagree. They argue that by defending the constitutional basis of executive privilege, the Court has opened the way for even more secrecy in the White House. Although the president’s right of executive privilege is legally recognized, the question of how far it extends to presidential advisers remains unanswered. 12 | P a g e Section 4: Roles of the President ■How do the presidential roles of head of state, chief diplomat, and commander in chief work together to provide leadership in foreign relations? ■What is the president’s role in the growth and stability of the American economy? Head of State As head of state, the president represents the nation and performs many ceremonial roles. Serving as host to visiting kings, queens, and heads of governments, the president is the nation’s chief diplomat. Other ceremonial duties are less vital, but receive much attention. In a tradition that dates back to President Taft, many presidents have thrown out the first ball to begin the major league baseball season. Lighting the national Christmas tree, giving awards and medals, making public service statements on important issues, meeting public figures from musicians to business leaders are all considered a part of the role of president. The president is both head of state and chief executive. In most countries these two duties are distinct. One person—sometimes a king or queen, sometimes a president without real power—is the ceremonial head of state. Another person—a prime minister or premier—directs the government. This difference is important. Much of the mystique of the presidency exists because presidents are more than politicians. To millions around the world and to millions at home, the president is the United States. As a living symbol of the nation, the president is not just a single individual, but the collective image of the United States. Chief Executive As the nation’s chief executive, the president sees that the laws of Congress are carried out. These laws range over a great many areas of public concern from Social Security, taxes, housing, flood control, and energy to civil rights, health care, education, and environmental protection. The executive branch employs more than 2 million people to enforce the many laws and programs Congress establishes. The president is in charge of these employees and the federal departments and agencies for which they work. Of course, no president could directly supervise the daily activities of all these people. At best, presidents can try to influence the way laws are implemented to follow their own philosophy of government. Tools of Influence Presidents have several tools to influence how laws are carried out. One is the use of executive orders, or rules that have the force of law. This power is implied by the Constitution when it charges the president with ensuring that “the laws be faithfully executed.” Presidents issue executive orders to spell out many of the details of policies and programs Congress enacts. Another tool is making presidential appointments. Besides appointing cabinet members, presidents appoint “with the advice and consent of the Senate” about 2,200 top-level federal officials. These officials include agency directors, deputy directors, and their assistants. Presidents try to appoint officials who share their political beliefs because they want these officials to carry out their policies. A third tool that presidents may use is the right to remove officials they have appointed. A fourth tool, used for a variety of reasons, enables a president to refuse to allow a federal department or agency to spend the money Congress has appropriated for it. This process is known as impoundment of funds. Impoundment means that the president puts aside, or refuses to spend, the money Congress has appropriated for a certain purpose. Finally, as chief executive the president appoints, with Senate approval, all federal judges, including the justices of the Supreme Court. Presidents can use this power to influence the course of government. 13 | P a g e Reprieves and Pardons As chief executive, the president also can grant “reprieves and pardons for offenses against the United States.”A reprieve (or respite) grants a postponement of legal punishment. A pardon is a release from legal punishment. The individuals receiving presidential pardons generally have been convicted of federal crimes. In 1974, however, President Gerald Ford granted “a full, free and absolute pardon unto Richard Nixon” for any crimes the former president might have committed in connection with the Watergate scandal. Amnesty Finally, the president may grant amnesty. Amnesty is a group pardon to people for an offense against the government. Amnesty usually applies to military personnel. For example, Presidents Ford and Carter granted amnesty to men who fled the draft during the Vietnam War. Presidential pardons and amnesties can be controversial. Many people opposed Ford’s pardon of Nixon and Carter’s amnesty for draft dodgers. More recently, Chief Legislator Congress expects the executive branch to propose legislation it wishes to see enacted. Usually the president describes a legislative program in the annual State of the Union message to Congress. It calls attention to the president’s ideas about how to solve key problems facing the country. A detailed legislative program presented to Congress during the year reflects the president’s values and political beliefs. The president has a large staff to help write legislation. This legislation determines much of what Congress will do each year. The president’s office also presents to Congress a suggested budget and an annual economic report. Tools of Presidential Lawmaking When the president and the majority of Congress are from different political parties, the president must work harder to influence members of Congress to support a particular program. Presidents often meet with senators and representatives to share their views with them, and they appoint several staff members to work closely with Congress on new laws. Presidents may hand out political favors to get congressional support. They may visit the home state of a member of Congress to support his or her reelection. Or, a president may start a new federal project that will bring money and jobs to a member of Congress’s home state or district. An important presidential tool in lawmaking is the veto power. Each bill Congress passes is sent to the president for approval. The president may sign the bill, veto the bill, or lay it aside. Presidents sometimes use the threat of a veto to force Congress to stop a bill or change it to fit their wishes. The threats succeed because Congress finds it very difficult to gather enough votes to override a veto. Unlike state governors, the president does not have the power to veto selected items in a bill. Economic Planner The president’s role as chief economic planner has grown rapidly since Franklin D. Roosevelt’s New Deal. The Council of Economic Advisers was created to study the economy and help prepare the report for the president. In addition, the law declared for the first time that the federal government had the responsibility to promote high employment, production, and purchasing power. Since 1946 Congress has continued to pass laws giving presidents more power to deal with economic problems. The president also has the duty to prepare the federal budget every year. The president supervises this work and spends many months with budget officials deciding what government programs to support and what programs to cut back. The size of the budget, decisions about the budget deficit, and choices concerning where moneys will be allocated all affect the national economy. 14 | P a g e Party Leader The president’s political party expects the chief executive to be a party leader. The president may give speeches to help party members running for office or may attend fund-raising activities to help raise money for the party. The president also selects the party’s national chairperson. Often, the president helps plan the party’s future election strategies. Presidents are expected to appoint members of their party to available government jobs. These appointments ensure that supporters will remain committed to a president’s programs. Political patronage, or appointment to political office, rewards those persons who support the president and the party during an election. Being a political party leader can be a difficult role for a president. People expect a president, as head of the government, to represent all Americans. Political parties, however, expect presidents to provide leadership for their own political party. Sometimes these conflicting roles cause problems. Chief Diplomat The president directs the foreign policy of the United States, making key decisions about the relations the United States has with other countries in the world. In this role the president is the nation’s chief diplomat. Because Congress also has powers related to foreign policy, there has been a continuing struggle between the president and Congress over who will exercise control of the country’s foreign policy. Presidents have an advantage in this struggle because they have access to more information about foreign affairs than do most members of Congress. The administration sometimes classifies this information as secret. The Central Intelligence Agency (CIA), the State Department, the Defense Department, and the National Security Council (NSC) constantly give the president the latest information needed to make key foreign-policy decisions. Skilled presidents use this information to plan and justify actions they want to take. Members of Congress, who lack access to this information, often find it difficult to challenge the president’s decisions. In addition, the ability to take decisive action has greatly added to the power of the presidency in foreign affairs. Unlike Congress, where the individual opinions of 435 representatives and 100 senators must be coordinated, the executive branch is headed by a single person. In a national emergency, the responsibility for action rests with the president. The Power to Make Treaties As chief diplomat the president has sole power to negotiate and sign treaties—formal agreements between the governments of two or more countries. As part of the constitutional system of checks and balances, however, twothirds of the Senate must approve all treaties before they can go into effect. The Senate takes its constitutional responsibility about treaties very seriously. Sometimes, the Senate will refuse to approve a treaty. The Power to Make Executive Agreements The president also has the authority to make executive agreements with other countries. Executive agreements are pacts between the president and the head of a foreign government. These agreements have the same legal status as treaties, but they do not require Senate consent. Most executive agreements involve routine matters, but some presidents have used executive agreements to conclude more serious arrangements with other countries. Recognition of Foreign Governments As chief diplomat the president decides whether the United States will recognize governments of other countries. This power means the president determines whether the government will acknowledge the legal existence of another government and have dealings with that government. Presidents sometimes use recognition as a foreignpolicy tool. For example, since 1961, presidents have refused to recognize the Communist government of Cuba. This action indicates American opposition to the policies of the Cuban government. 15 | P a g e Commander in Chief Presidents can back up their foreign-policy decisions with military force when needed. The Constitution makes the president commander in chief of the armed forces of the United States. The president shares with Congress the power to make war. Generals, admirals, and other military leaders run the armed forces on a day-to-day basis. The president, however, is responsible for key military decisions. The president has other duties as commander in chief. During a war the president takes actions at home that will support the war effort. Congress usually grants the president special powers to do this. The president may also use the military to control serious disorders in the nation. Presidents have used federal troops to put down rioting in American cities. In case of a natural disaster, such as a flood, the president may send needed supplies or troops to help keep order. The roles as head of state, chief executive, chief legislator, economic planner, party leader, chief diplomat, and commander in chief give the president broad powers. Today, the president of the United States is the most powerful single individual in the world. 16 | P a g e Section 5: The Cabinet and The Executive Office ■What role does politics play in the appointment of cabinet secretaries? ■How have factors that limit the role of the cabinet as an advisory body affected the relationship between cabinet officers and the presidents they serve? ■What historic changes have made the Executive Office of the President necessary? ■In what ways are the members of the White House Office similar to and different from the president’s cabinet? Today the president appoints the secretaries that head the 15 major executive departments. Each appointee must be approved by the Senate. The 15 secretaries, the vice president, and several other top officials make up the cabinet. Cabinet secretaries are more than advisers; they are also administrators of large bureaucracies. The Selection of the Cabinet In selecting their department heads, presidents must balance a great many political, social, and management considerations. Secretaries should have some credible expertise in the policy areas their departments will manage. Appointees must be acceptable to all groups with political power. They should provide geographic balance as well as racial and gender representation. Patronage and party loyalty also are usually important. Major Factors in Making Appointments The selection of a president’s cabinet is largely a political process. One consideration is that an appointee have a background that is compatible with the department he or she will head. This qualification also can bring some geographic balance to the cabinet. The secretary of the interior, for example, typically is someone from a western state who has experience in land policy and conservation issues. The secretary of housing and urban development (HUD) generally has a big city background. The secretary of agriculture usually is from a farm state. Equally important is the president’s need to satisfy powerful interest groups that have a stake in a department’s policies. The secretary of labor, therefore, generally must be someone acceptable to labor unions. The secretary of commerce is expected to have a good reputation with business and industry. The secretary of the treasury is often a banker or someone with close ties to the financial community. In addition, it is important that appointees have high-level administrative skills and experience. Cabinet officers are responsible for huge departments that employ thousands of people and spend billions of dollars each year. If inefficiency or scandal should result, blame will fall on the secretary— and on the president. Even after people who satisfy all the requirements are selected, obstacles still exist. It is not always easy to convince them to take the positions. Faced with giving up a secure career for a possible short-term appointment, many qualified candidates find the pay, the work, or life in Washington politics to be unattractive. Almost all modern presidents have been turned down by some of the people they have invited to join their cabinets. Background of Cabinet Members Almost without exception, cabinet members are college graduates. Many have advanced degrees. Most are leaders in the fields of business, industry, law, science, and education. Cabinet secretaries earn $161,200 per year, and many cabinet members assume government jobs even though they know that they could have earned more than twice that amount in private employment. 17 | P a g e Nominations and Confirmation The selection process for a new president’s cabinet begins long before Inauguration Day. The president-elect draws up a list of candidates after consulting with campaign advisers, congressional leaders, and representatives of interest groups. Key campaign staffers meet with potential candidates to discuss the issues facing the department they may be asked to head. Before making final decisions, members of the president-elect’s team may leak, or deliberately disclose, some candidates’ names to the news media. They do this to test the reaction of Congress, interest groups, and the public. The Senate holds confirmation hearings on the president’s nominees for cabinet posts. The nominee to head each department appears before the Senate committee that oversees the department to answer questions about his or her background and views. The cabinet is viewed as part of the president’s official family. The Senate, therefore, usually cooperates in the appointment process, and most confirmation hearings are routine. The Role of the Cabinet As individuals, cabinet members are responsible for the executive departments they head. As a group, the cabinet is intended to serve as an advisory body to the president. The cabinet meets when the president calls it together. Meetings may be once a week but usually are much less frequent, depending on how a president uses the cabinet. Meetings take place in the cabinet room of the White House and are usually closed to the public and the press. The Modern Cabinet Several recent presidents have attempted to increase the role of the cabinet in decision making. In the end, however, most have given up and turned elsewhere for advice. After President Kennedy was assassinated, Lyndon Johnson was anxious to get along with his predecessor’s cabinet. He felt he needed them for a smooth transition of power and wanted them to brief him on what was going on in their departments. Soon Johnson, too, was calling on the cabinet less and less. When a meeting occurred, it was generally to give department heads what one presidential assistant called their “marching orders.” Johnson’s cabinet fared better than Richard Nixon’s, however. Some of Nixon’s cabinet members did not see him for months at a time. The Influence of Cabinet Members Some cabinet members who work closely with the president wield influence because they head departments that are concerned with national issues. The secretaries of state, defense, treasury, and the attorney general fill this role in most administrations. These officials are sometimes called an “inner cabinet.” Other secretaries who head departments that represent narrower interests such as agriculture or veterans’ affairs are less influential and have less direct access to the president. Factors Limiting the Cabinet’s Role Several factors limit the president’s use of the cabinet for advice in making key decisions or for help in running the executive branch. Understanding these factors helps to explain why presidents have come to rely on assistants in the Executive Office of the President, a presidential advisory agency established by Congress. Conflicting Loyalties No president commands the complete loyalty of cabinet members. Even though the president appoints them, cabinet officials have three other constituencies that require loyalty: career officials in their own department, members of Congress, and special-interest groups. Each of these groups has its own stake in the department’s programs. Each may push the secretary in directions that are not always in accord with the president’s plans and policies. Disagreements among secretaries may result from loyalty to their department’s programs or to its 18 | P a g e constituent groups. In addition, competition among secretaries for control of a program may cause conflict in the cabinet. Secrecy and Trust A second factor that reduces the usefulness of the cabinet is the difficulty of maintaining secrecy when 15 cabinet secretaries are involved in a discussion of sensitive topics. Presidents sometimes have discovered cabinet debates reported in the press. Presidents, like anyone else, would prefer to discuss tough problems with people they know and trust. Yet, because of all the factors that must be considered when choosing department heads, presidents generally appoint relative strangers to their cabinets. For these reasons presidents have increasingly turned to the Executive Office of the President and to their own personal White House staffs for help. Executive Office Agencies Created by President Franklin D. Roosevelt in 1939, the Executive Office of the President has grown to serve the needs of each administration. As another part of the EOP, he established the White House Office, which he intended to be a small group of advisers working directly with the president on day-to-day matters. Organization and Growth Today the EOP consists of the White House Office and several specialized agencies that all report directly to the president. Agency staffs include attorneys, scientists, social scientists, and other highly technical or professional personnel. The EOP currently has more than 1,500 full-time employees, many of whom work in the west wing of the White House. The Executive Office of the President has grown rapidly for three reasons. First, every president has reorganized it, adding new agencies or expanding existing ones in response to the problems of the day. Second, because some problems facing the nation’s industrial society are so complex, presidents have wanted experts available to advise them about issues related to those problems. Third, many of today’s huge federal programs require several executive departments and agencies to work together. EOP staff members have been added to help coordinate these efforts. Three of the oldest agencies in the EOP have played the greatest role in presidential decision making. They are the Office of Management and Budget, the National Security Council, and the Council of Economic Advisers. The Office of Management and Budget Before 1970 the Office of Management and Budget (OMB) was called the Bureau of the Budget. It is the largest agency in the EOP. Its director, usually a trusted supporter of the president, has become as important as the cabinet secretaries. The OMB prepares the national budget that the president proposes to Congress each year. Budgets reflect priorities. Because the nation’s budget is not unlimited, the president must decide what spending is important and what is not. The OMB’s budget indicates what programs the federal government will pay for and how much it will spend on them. Thus, the budget is a key way for a president to influence the government’s direction and policies. Each year all executive agencies submit their budgets to the OMB for review before they go into the president’s budget. OMB officials then recommend to the president where to make cuts in each agency budget. The OMB also reviews all legislative proposals executive agencies prepare. This review is called central clearance, and is intended to make sure it agrees with the president’s policy objectives. The National Security Council Congress created the National Security Council (NSC) in 1947 to advise the president and help coordinate American military and foreign policy. Headed by the president, the council also includes the vice president, secretary of state, and secretary of defense. The president may ask other advisers, such as the CIA director or the chairman of the Joint Chiefs of Staff, to participate in NSC meetings. A special assistant for national security affairs, commonly called the national security adviser, directs the NSC staff. Perhaps more than most other advisory groups, the importance of the NSC has varied with the president’s use of it. 19 | P a g e The National Homeland Security Council In October 2001, after terrorists attacked the Pentagon and the World Trade Center, President George W. Bush created the Office of Homeland Security and the Homeland Security Council within the Executive Office of the President. This new cabinet department coordinates all federal agencies working to counter terrorism in the United States. It is also responsible for developing a national strategy to protect the United States from future terrorist attacks. It advises the president on homeland security issues and is headed by the secretary of Homeland Security. The attorney general, the directors of the FBI, CIA, and Federal Emergency Management Agency (FEMA), and the secretaries of Defense, Treasury, Transportation, and Health and Human Services all serve on the Council. The Council of Economic Advisers Since the Great Depression, the president has been the nation’s chief economic planner. Created in 1946, the Council of Economic Advisers helps the president formulate the nation’s economic policy. The Council assesses the nation’s economic health, predicts future economic conditions, and aids other executive agencies involved with economic planning. It also proposes solutions to specific problems, such as unemployment or inflation. It has access to information any federal agency gathers having to do with the American economy. Other EOP Agencies The number and size of EOP agencies varies according to the priorities of each president. The Domestic Policy Council helps the president plan and carry-out long-range policies in domestic areas such as farming and energy. The National Economic Council helps carry out long-range economic policy. The Office of Environmental Policy advises the president on environmental issues and works closely with the Environmental Protection Agency and the departments of Interior, Agriculture, and Energy. The Office of Science and Technology Policy advises the president on all scientific and technological matters that affect national policies and programs. The Office of the United States Trade Representative helps negotiate trade agreements with other nations. The White House Office Unlike the selection of cabinet members, the president appoints White House staff without Senate confirmation. Key aides usually are longtime personal supporters of the president. Many are newcomers to Washington. They do not usually have large constituencies, as do some cabinet officers. The White House Office has become the most important part of the Executive Office of the President. From about 50 people under Roosevelt, the White House staff grew to almost 600 under Nixon. Clinton’s White House Office consisted of about 380 people, a small number of whom reported directly to the president. These top assistants became an inner circle around the president. Chief among them were the president’s chief of staff, deputy chief of staff, White House counsel, and press secretary. Duties of the White House Staff White House aides perform whatever duties the president assigns them. Because of the role they perform, some aides become very influential. One task of the White House Office is to gather information and provide advice about key issues facing the president. Some staffers are policy specialists in specific areas such as foreign affairs or energy problems. Others are political strategists, mainly concerned with the political impact of policy decisions the president makes. The White House counsel advises the president on the legal consequences of those decisions. Top staff members also act as enforcers, trying to make sure the executive agencies and departments carry out key directives from the president. Other key White House staffers present the president’s views to the outside world. A press staff headed by the press secretary handles the president’s relations with the White House press corps, sets up press conferences, and issues public statements in the president’s name. Other staff people work directly with members of Congress. The chief assistant for legislative affairs, for example, advises the president about 20 | P a g e possible reactions in Congress to White House decisions. These staff members also lobby the lawmakers to gain support for presidential programs. The executive departments and agencies write the president thousands of reports and memos. In addition, a steady stream of people from inside and outside the government want to see the president. Key aides decide who and what gets through to the president. Recent presidents have given their top White House staff increased authority over actual policymaking. As a result, more and more policy decisions are being made in the White House rather than in federal agencies. 21 | P a g e Section 6: The Federal Bureaucracy ■What is the general organizational structure of the 15 cabinet level departments? ■How are independent government agencies different from regulatory commissions? Hundreds of agencies like the FBI help to make up the federal bureaucracy. Most of these departments and agencies are part of the executive branch that carries out the laws passed by Congress. The people who work for these organizations are called bureaucrats, or civil servants. The federal bureaucracy is organized into departments, agencies, boards, commissions, corporations, and advisory committees. Most of these organizations are responsible to the president, although some of them report to Congress. The Cabinet Departments The 15 cabinet departments are a major part of the federal bureaucracy. A secretary who is a member of the president’s cabinet heads each of the departments in the executive branch. Departments usually have a second in command, called the deputy secretary or under secretary. The president appoints all these officials. The next level under these top officials includes the directors of the major units that make up the cabinet department, along with their assistants. These units have various names, including bureau, agency, office, administration, or division. The top officials in each department set overall department policy. Department of State The secretary of state is one of the president’s most trusted advisers. The Department of State is responsible for the overall foreign policy of the United States. The agency also protects the rights of United States citizens traveling in foreign countries. It staffs embassies, or offices of ambassadors in foreign countries, analyzes data about American interests in other countries, and speaks for the United States in the United Nations. Department of the Treasury Managing the monetary resources of the United States is the primary responsibility of the Department of the Treasury. The Treasury Department also oversees a variety of other duties. One branch—the Internal Revenue Service—is the largest bureau in the Treasury Department. The IRS is responsible for operating the nation’s tax code and collecting those taxes each year. Department of the Interior To protect public lands and natural resources throughout the nation, Congress established the Department of the Interior in 1849. The National Park Service manages national monuments, historic sites, and national parks. Department of Agriculture Created to help farmers improve their incomes and expand their markets, the Department of Agriculture develops conservation programs and provides financial credit to farmers. It also safeguards the nation’s food supply. Department of Justice Congress established the office of attorney general in 1789 to oversee the nation’s legal affairs. The Department of Justice was created in 1870.Among its well-known agencies are the Federal Bureau of Investigation (FBI), the U.S. Marshals Service, and the Drug Enforcement Administration (DEA). The Antitrust Division of the Department of Justice enforces antitrust laws. The Civil Rights Division helps enforce civil rights legislation. 22 | P a g e Department of Commerce To promote and protect the industrial and commercial segments of the American economy, the Department of Commerce was founded in 1903. Three agencies of this department carry out constitutional directives. The Bureau of the Census counts the people every 10 years. The Patent and Trademark Office issues patents for new inventions and registers trademarks. Department of Labor Congress created the Department of Labor in 1913. Charged with protecting American workers, the department ensures safe working conditions, safeguards a minimum wage, and protects pension rights. The Bureau of Labor Statistics analyzes data on employment, wages, and compensation. Department of Defense First called the Department of War and then the United States Military Establishment until 1949, the Department of Defense protects the nation’s security. Through the Joint Chiefs of Staff—the leaders of the Army, Navy, Marines, and Air Force—it oversees the armed forces. Department of Health and Human Services Directing programs concerned with the health and social services needs of the American people is the responsibility of this department. It also manages the federal Medicare and Medicaid programs and helps senior citizens and less fortunate Americans through the Social Security Administration. Perhaps the most visible part of the Department of Health and Human Services has been the Public Health Service. This agency helps implement a national health policy, conducts medical research, and ensures the safety of food and drugs. The Food and Drug Administration inspects food and drug processing plants and approves new drugs for treatment of diseases. Department of Housing and Urban Development This department was created in 1965 to preserve the nation’s communities and ensure Americans of equal housing opportunities. The Government National Mortgage Association helps make mortgage money available for people to buy homes. Department of Transportation The Department of Transportation is divided into separate agencies to help it regulate all aspects of American transportation needs, policy development, and planning. The Federal Aviation Administration regulates air travel. The highways that crisscross the country are regulated by the Federal Highway Administration, and the Federal Transit Administration is responsible for the nation’s mass transit. Department of Energy Created in 1977 in response to an energy shortage, the Department of Energy gathered together many separate policy groups. Some of these groups sprang from the Manhattan Project, which developed and tested the nation’s first atomic bomb. The Department of Energy plans energy policy and researches and develops energy technology. Department of Education An educated population of informed citizens is an essential feature of a democratic government. In 1979 Congress created the Department of Education to coordinate federal assistance programs for public and private schools. Today the department oversees programs to help students with limited English proficiency as well as programs for physically challenged students. 23 | P a g e Department of Veterans Affairs Founded in 1989, this department was formerly known as the Veterans Administration. It administers several hospitals as well as educational and other programs designed to benefit veterans and their families. Department of Homeland Security The terrorist attacks of September 11, 2001, led to the creation of this department in 2002. It controls the Coast Guard, the Border Patrol, the Immigration and Naturalization Service, the Customs Service, the Federal Emergency Management Agency, and many other agencies. It also analyzes information collected by the FBI and the CIA. Independent Agencies The federal bureaucracy also contains over 100 independent organizations that are not part of these departments. The president appoints the heads of these agencies. A few of these agencies are almost as large and well known as cabinet departments. One example is the National Aeronautics and Space Administration (NASA). Most independent agencies have few employees, small budgets, and little publicity. Assisting the Executive Branch Some independent agencies perform services for the executive branch. The Central Intelligence Agency (CIA) is such an example. The Central Intelligence Agency provides a very different kind of service. The CIA gathers information about what is going on in other countries, evaluates it, and passes it on to the president and other foreign-policy decision makers. The CIA uses its own secret agents, paid informers, foreign news sources, and friendly governments to collect such information. Government Corporations Some independent agencies, such as the Small Business Administration, directly serve the public. Many of the major agencies are government corporations, or businesses the federal government runs. Today, the executive branch has at least 60 government corporations. The Federal Deposit Insurance Corporation (FDIC) is also a government corporation. It insures bank accounts up to a certain amount. If a bank fails, the FDIC takes it over and repays the depositors. The best known of the government corporations is the U.S. Postal Service (USPS). Originally an executive department called the Post Office Department, the USPS became a government corporation in 1970. Government corporations are organized somewhat like private businesses. Each has a board of directors and executive officers who direct the day-to-day operations. Government corporations are supposed to be more flexible than regular government agencies. They are more likely to take risks and to find innovative solutions to the challenges they are confronting. Most of the corporations earn money that is put back into the “business.” Unlike private businesses, however, money from Congress—not funds from private investors— supports government corporations. Regulatory Commissions Regulatory commissions occupy a special place in the federal bureaucracy. They are independent of all three branches of the national government. To keep the regulatory commissions impartial, Congress has been careful to protect them from political pressure. Each commission has from 5 to 11 commissioners whom the president appoints with Senate consent. The terms of office of these board members are long—in some cases, as long as 14 years—and the starting dates of the terms are staggered. Unlike other bureaucrats, these commissioners do not report to the president, nor can the president fire them. 24 | P a g e Purpose of the Commissions The independent regulatory commissions were created to make rules for large industries and businesses that affect the interests of the public. Commissions also regulate the conduct of these businesses and industries. The regulatory agencies decide such questions as who will receive a license to operate a radio station or to build a natural gas pipeline to serve a large city. The commissions may also act as courts. They may investigate a business for breaking one of the commission’s rules. The commission may hold hearings, collect evidence, and set penalties for any business that violates the rules. Some Problems Decisions of regulatory commissions can involve millions of dollars and greatly affect businesses. As a result, these agencies are often under intense pressure from lobbyists. Critics of the commissions also charge that the commissions and the industries they are supposed to regulate sometimes have a “revolving door” relationship. Commissioners often are former executives in a regulated industry and sometimes leave the commission for highpaying jobs in the same industry. As a result, critics charge, some commissioners have seemed more interested in protecting regulated industries than in making sure that they serve the public interest. Others point out that most agencies have had a good record of protecting the public interest. The Securities and Exchange Commission, for example, has protected investors in the stock market from fraud. In recent years Congress has responded to complaints of overregulation by taking steps to deregulate, or reduce the powers of regulatory agencies. 25 | P a g e Section 7: Civil Service and the Influence of Bureaucracy ■How did the civil service system attempt to reform the spoils system? ■What is the difference between a civil servant and a political appointee? ■What are the advantages and disadvantages of bureaucrats taking a greater role in policy making? The Civil Service System Today Competition for federal jobs today is stiff. In recent years every job opening has had about 76 applicants. This competition will probably continue. While the federal bureaucracy is huge, the number of federal jobs has not changed much since 1950. Yet the number of people wanting federal jobs keeps on increasing. The Office of Personnel Management, along with individual agencies, is responsible for filling federal jobs. Job notices are usually posted in post offices, newspapers, and Federal Job Information Centers located in many communities. Veterans are given special preference. Benefits and Problems Government jobs are attractive because of the many benefits they offer. Salaries are competitive with those in private industry. Federal workers get from 13 to 26 days of paid vacation every year, depending on the length of their service. They have extensive health insurance plans and 13 days of sick leave every year. Government workers may retire at age 55. Each government job is assigned a certain grade ranging from GS-l, the lowest level, to GS-15, the highest. All civil service workers have job security. They may be fired, but only for specific reasons and only after a very long, complex series of hearings. The Hatch Act The Hatch Act limits how involved federal government employees can become in elections. In 1939 Congress passed this law to prevent a political party from using federal workers in election campaigns. If that happened, it would raise the dangerous possibility that workers’ promotions and job security could depend on their support of candidates from the party in power. The law has been controversial since its passage, and its constitutionality has been the subject of two Supreme Court decisions. Many federal workers dislike the Hatch Act, arguing that the law violates freedom of speech. They also claim the act discourages political participation by people who may be well-informed about political issues. Supporters of the Hatch Act believe it is needed to keep the federal civil service politically neutral. They claim the act protects workers from political pressure from superiors. They also argue it helps prevent employees from using their government positions to punish or influence people for political purposes. The revised act prohibits federal employees from engaging in political activities while on duty, including wearing a campaign button. While off duty, federal workers are allowed to hold office in a political party, participate in political campaigns and rallies, publicly endorse candidates, and raise political funds from within their own government agency’s political action committee. However, they cannot run for partisan elective offices or solicit contributions from the general public. Political Appointees in Government In each presidential election year, the House or Senate publishes a book known by Washington insiders as the plum book. The word plum stands for political plum—a job the new president may fill. The plum book lists all such jobs. Upon taking office every president has the chance to fill about 2,200 top-level jobs in the federal bureaucracy. Filling these jobs gives presidents an opportunity to place loyal supporters in key positions. These political appointees head agencies, offices, and bureaus and make key political decisions. They are expected to try to implement the president’s decisions. Unlike career civil service workers, their employment usually ends when a new president is elected. 26 | P a g e People at the Top The people appointed to the non-civil service positions are first and foremost the president’s political supporters. Most are well-educated. Nearly all are college graduates. The great majority have advanced degrees, mostly as lawyers. Others are successful leaders from businesses or professions. The people holding these types of positions usually are not experts in the work of the agency they head, though they may have served in government before. When the president leaves office, most of them return to other jobs outside the government. A Short Tenure Many new people enter the bureaucracy by presidential appointment. However, these top political appointees hold their positions for only a few years. Because federal agencies are so large and complex, the short tenure makes it difficult for appointees to learn about their jobs. It can take the head of a large agency a year or more to learn all the issues, programs, procedures, and personalities involved in running the agency. The result of the short tenures of presidential appointees is that much of the real power over daily operations remains with the career civil service officials. . The Federal Bureaucracy Influencing Policy Federal bureaucrats help make policy in several ways. The most important of these involves administering the hundreds of programs that have an impact on almost every aspect of national life. Administering these programs requires federal bureaucrats to write rules and regulations and set standards to implement laws Congress passes. Making Rules When Congress passes a law, it cannot possibly spell out exactly what needs to be done to enforce it. The bureaucracy shapes what the law actually means. The chief way federal agencies do this is by issuing rules and regulations designed to translate the law into action. Involvement in Lawmaking The bureaucracy also shapes public policy by helping draft new bills for Congress, testifying about legislation, and providing lawmakers with technical information they may not otherwise have access to. In addition, lawmakers know that it can be difficult to pass major bills without the advice of the federal agencies most concerned with the bills’ contents. Often, the ideas for new laws come from within the bureaucracy itself. Settling Disputes Some federal agencies shape public policy by deciding disputes over the application of a law or set of rules. When agencies do this, they act almost as courts. The regulatory commissions in particular make government policy in this way. They have the authority to hear and resolve disputes among parties that come under their regulatory power. The rulings of these agencies have the same legal status as those of courts. Providing Advice Bureaucrats also help shape public policy by providing top political decision makers with information and advice. Many career bureaucrats are experts in their areas. In addition, federal agencies collect information on an incredible variety of subjects. These range from the number of bald eagles left in the United States to the effects of secondhand smoking on newborn infants. Federal agencies may use their information to support or oppose a particular public policy. 27 | P a g e Why the Bureaucracy Makes Policy The federal bureaucracy has grown and assumed an important role in making public policy for five reasons: (1) growth of the nation, (2) international crises, (3) economic problems at home, (4) citizens’ demands, and (5) the nature of bureaucracy itself. National Growth and Technology The growth of the federal bureaucracy mirrors the growth of the United States. For almost 60 years, the 3 original cabinet departments and the attorney general’s office handled the work of the executive branch. As the population grew, so did the government. The same number of officials who ran a country of 50 million people cannot govern a country of more than 250 million. In addition, rapid advances in technology have made life much more complex. Today, a single president and 535 lawmakers in Congress cannot possibly have all the knowledge and time needed to deal with the many complicated issues that face the nation. These issues include nuclear power, education reform, space exploration, environmental protection, cancer research, health care, and many others. International Crises Competition with the Soviet Union and international crises following World War II furthered the growth of the federal bureaucracy. During the Cold War, the U.S. and the U.S.S.R. developed new weaponry, and both countries gave aid to other countries they wanted as allies. As a further result of the Cold War, the government created several other new agencies. These included the Central Intelligence Agency, the Arms Control and Disarmament Agency, the United States Information Agency, and the Peace Corps. Economic Problems President Franklin D. Roosevelt greatly expanded the size of the federal bureaucracy as he attempted to combat the Depression during the 1930s. By 1940 the number of federal workers had almost doubled. Many people accepted the idea that the federal government had a duty to assist the ill, the disabled, the elderly, and the neglected. As a result, the federal government today spends billions of dollars each year on hundreds of assistance programs. The Depression years also led to the idea that the federal government has a special responsibility both to stimulate the nation’s economy and to regulate unfair business practices. Thus, agencies that help businesses, such as the Department of Commerce, have grown along with agencies that regulate businesses, such as the Federal Trade Commission. Citizen Demands The bureaucracy has also grown in response to issues raised by various interest groups within the country. Client groups are the individuals and interest groups who work with a specific government agency and are most affected by its decisions. The client groups of the Department of Defense, for example, include the defense contractors who make weapons and supplies for the armed forces. The client groups of the Department of Agriculture are largely the farmers and others in the business of agriculture. Client groups often lobby both Congress and the agency itself for more programs and services. Sometimes competition develops. The Nature of Bureaucracy Another reason for the increase in the number of federal agencies is that the country’s needs change. Once created, however, federal agencies almost never die. Sometimes, they seem to exist for their own sake, without a real need for their continuation. Influencing Bureaucratic Decisions The federal bureaucracy does not make public policy in isolation. The president, Congress, the courts, and client groups influence federal agencies as they conduct business. 28 | P a g e Influence of Congress Bureaucrats carefully build relationships with the congressional committees that have authority over their agencies. Each cabinet department has liaison officers who help promote good relations with Congress. Liaison officers keep track of bills moving through Congress that might affect the agency, as well as responding to requests for information from lawmakers. Congress uses two major tools to influence decision making in federal agencies—new legislation and the budget. Lawmakers can pass laws to change the rules or regulations a federal agency establishes or to limit an agency in some way. Congress’s major power over the bureaucracy is the power of the purse. The nation’s lawmakers control each agency’s budget. They can add to or cut an agency’s budget and, in theory at least, refuse to appropriate money for the agency. What happens more often, however, is that Congress can threaten to eliminate programs that are important to the agency. The Influence of the Courts Federal courts do not actively seek to influence the federal bureaucracy. The courts, however, can have an important impact on policy making. A federal court may issue an injunction—an order that will stop a particular action or enforce a rule or regulation. Success in Court Cases While the courts can have a real impact on the bureaucracy, citizens have not had much success in court cases against the bureaucracy. One study shows that the courts do not usually reverse the decisions of federal regulatory commissions. The Influence of Client Groups As stated earlier, each agency has client groups. The Department of Education spends much of its time dealing with state and local school administrators. The Food and Drug Administration works closely with major drug companies. The Commerce Department identifies with and promotes business interests. The Department of Labor has a similar relationship with labor unions. Client groups often attempt to influence agency decisions through lobbyists in Washington, D.C. These lobbyists work to reach agency officials. Lobbyists may testify at agency hearings, write letters, keep track of agency decisions, and take other steps to support their groups’ interests. Iron Triangles Congressional committees, client groups, and a federal department or agency often cooperate closely to make public policy. When agencies, congressional committees, and client groups continually work together, such cooperation is called an iron triangle, because together the three groups have the necessary resources to satisfy each other’s needs. The adjective iron is used because the relationship is so strong that it is often difficult for other individuals and groups outside the triangle to influence policy in the area. Agencies Influence One Another Interactions among agencies also influence decisions and policy making in the bureaucracy. Decision makers in each agency may attempt to influence the others to accept their programs or rules. 29 | P a g e Section 8: Foreign Policy ■What are the major objectives of United States foreign policy? ■Why has a reevaluation of foreign policy been necessary since the end of the Cold War? ■How is the executive branch structured to carry out United States foreign policy? ■What are the constitutional foreign policy powers of the president and Congress? Goals of Foreign Policy Foreign policy consists of the strategies and goals that guide a nation’s relations with other countries and groups in the world. The specific strategies that make up U.S. foreign policy from year to year and even decade to decade change in response to changes in the international environment, such as the collapse of communism. However, the long-term goal of that policy remain constant, reflecting both the nation’s ideals and its self-interest. National Security The principal goal of American foreign policy is to preserve the security of the United States. National security means protection of a nation’s borders and territories against invasion or control by foreign powers. This goal is basic because no nation can achieve other aims such as improving its educational system or providing better health care if it is under attack. The goal of national security helps determine how the United States deals with other nations. Every part of U.S. foreign policy—from maintaining an ambassador in a small African country to signing a mutual assistance treaty with allied nations in Europe—is related to the nation’s security. Free and Open Trade In today’s global economy national security means more than military defense. A nation’s vital economic interests must also be protected. Thus, maintaining trade with other nations and preserving access to necessary natural resources have also been basic goals of U.S. foreign policy. Trade is an absolute necessity for the United States. Highly productive American factories and farms need foreign markets in which to sell their goods. The country also is in need of a number of natural resources, including oil. Generally, the United States supports trade that is free from both export and import restrictions. World Peace American leaders work for world peace because they believe it helps the nation avoid outside conflicts and aids national security. The United States tries to help other nations settle disputes and has also supplied economic aid to at-risk countries, in part to prevent uprisings and revolutions. The United States helped organize the United Nations after World War II in the hope that the organization would promote world peace. The rise of terrorist groups, along with direct terrorist attacks on the United States, have made the goal of world peace an even greater challenge and greatly complicated how the United States views the world. Democratic Governments Throughout its history the United States has been an example of democracy. In addition, the United States aids democratic nations and helps others create democratic political systems. With U.S. assistance, many formerly Communist nations in Europe began to form democratic political systems in the 1990s. Concern for Humanity The United States has often demonstrated its concern for others. Victims of natural disasters or starvation have looked to the United States for help. In such times of crisis, the United States has responded by providing food, medical supplies, and technical assistance for humanitarian reasons. At the same time, this aid serves the strategic interests of the United States by maintaining political stability in the world. 30 | P a g e Development of Foreign Policy Until the late 1800s, American foreign policy was based on isolationism—avoiding involvement in world affairs. During the twentieth century, presidents and foreign policy advisers shifted toward internationalism. Internationalists believed that involvement in world affairs was necessary for national security. A look at the history of American foreign policy since 1789 will reveal how these approaches to foreign policy developed. Isolationism When George Washington became president in 1789, the United States was a small nation, deeply in debt and struggling to build a new government. For this reason American leaders believed that the United States should not become involved in the politics and wars of Europe. Before leaving office President Washington urged Americans to follow a path of isolationism. The United States as a World Power By the 1890s the United States was rapidly becoming an industrial power. Accordingly, it began to look for world markets for its products and for new sources of raw materials. For some government leaders, isolationism no longer fit the United States’ role as an economic power. These leaders believed the United States should play a more active role in world affairs. This trend continued in the early 20th century. After emerging as the victor in World War II, the United States had asserted itself as a global leader. Since World War II, U.S. foreign policy has been based on internationalism. The Cold War The United States emerged from World War II as the leader of the free nations of the world. The United States’ new role soon brought it into conflict with the Soviet Union, which had also emerged from the war as a world power. As the rivalry between the United States and the Soviet Union intensified, it became clear that a “cold war” had begun. The Cold War was a war of words and ideologies rather than a shooting war fought directly between the two. Faced with the threat of expanding communism, the United States used containment, which involved responding to any action taken by the Soviets with a countermove by the United States. American leaders also wanted to halt the spread of communism by giving economic aid to nations they said were threatened by totalitarian regimes. The policy of containment drew the United States into two wars: the Korean War and the Vietnam War. Finally, by the late 1980s, the Soviet Union began to collapse. Post-Cold War Foreign Policy The United States emerged from the Cold War as the world’s single superpower, its economic and military strength unrivaled by any other nation. Yet as the decade of the 1990s unfolded, the U.S.A. confronted a highly unsettled world. The Cold War foreign policy strategy did not seem well suited for dealing with the world that was evolving in the post-Cold War era. As the United States dealt with crises throughout the world, no new strategic doctrine emerged to guide foreign policy. Instead, U.S. troops were sent to hot spots across the globe while policymakers called for the United States to stay involved in world politics to protect American trade interests, encourage democracy, and advance human rights. The Persian Gulf War In 1990 Iraq’s leader, Saddam Hussein, invaded neighboring Kuwait, threatening Middle Eastern oil supplies. President George H.W. Bush, along with a coalition of nations, defended Kuwait by sending American troops to the region to defeat Iraq. The United States also won approval from the UN Security Council for a series of actions against Iraq, including a program of inspections aimed at preventing Iraq from developing weapons of mass destruction. 31 | P a g e Other Interventions Throughout the 1990s, President Clinton sent U.S. forces to several places in attempts to maintain political order and protect humanitarian interests. In 1992 American troops joined a multinational force in Somalia to protect relief organizations operating during a civil war. In 1994 the American troops preserved order in Haiti when the elected president was forced to flee the country. In 1995 American forces and NATO allies intervened to end bloody ethnic warfare amongst Croats, Serbs, and Muslims resulting from the breakup of the former country of Yugoslavia. Then again in 1999, American and NATO air power and troops forced Serbian troops to withdraw from the Yugoslavian province of Kosovo, where they had been abusing the ethnic Albanian population. A New Foreign Policy Agenda An unprecedented challenge for American foreign policy presented itself on September 11, 2001, when terrorists hijacked commercial jetliners and crashed them into the World Trade Center and the Pentagon, resulting in a devastating loss of American lives. Another plane, bound for Washington, D.C., crashed in Pennsylvania when heroic passengers fought the hijackers for control of the aircraft. The FBI and intelligence sources identified the attack as the work of al-Qaeda, a global network of Islamic terrorists whose leaders were based in Afghanistan. War on Terrorism President George W. Bush quickly announced that a war on terrorism would become the focus of his administration. However, the 2003 war in Iraq would take away from that focus. The US was able to change the government of Afghanistan, and recruit countries and international organizations to wage a long-term assault on terrorist groups worldwide. Eventually, President Barack Obama was able to send troops into Pakistan to kill Osama bin Laden. Obama also proposed to start a NATO withdrawal from Afghanistan. Iraq War President Bush applied preemption in March 2003 when the United States, without United Nations approval, invaded Iraq and removed the government of Saddam Hussein. Preemption means that the United States will strike first with military force against any terrorist groups or rogue states that might threaten the nation with weapons of mass destruction. On May 1, 2003, President Bush declared that major combat operations were over, and in December American troops captured Saddam Hussein. Deadly fighting in Iraq continued, however, as a strong resistance movement developed to challenge the effort to democratize Iraq. President Obama ended US military involvement Commander in Chief The Constitution grants the president the power to be the commander in chief of the nation’s military forces. As commander in chief, the president may send troops, ships, and planes or may even use nuclear weapons anywhere in the world, without congressional approval. Head of State In addition to giving powers as commander in chief, Article II, Section 2 grants the president certain diplomatic powers. The president appoints ambassadors, officials of the United States government who represent the nation in diplomatic matters. The president also receives ambassadors from foreign governments. By receiving an ambassador or other diplomat from a certain country, the president gives formal recognition to that government. Conversely, by refusing to receive an ambassador, the president can withhold diplomatic recognition of a foreign government. Formal recognition of a government is vital because it qualifies that government to receive economic and other forms of aid. Article II, Section 2, also gives the president power to make treaties, although Congress 32 | P a g e must approve them. A treaty is a formal agreement between the governments of two or more nations. As head of state, the president plays an important part in controlling foreign policy. The president represents the United States and symbolizes the leadership and policies of the nation to the world. In an international crisis, Americans also look to their president for leadership. Foreign Policy Advisers The president has the final responsibility for establishing foreign policy. Before making foreign policy decisions, however, presidents usually consult advisers. Generally, chief executives rely upon the information and advice of the cabinet members, the White House staff, and officials in specialized agencies dealing with foreign policy. At times presidents also go outside the government and seek advice from private individuals who have specialized knowledge in foreign affairs. The Secretaries of State and Defense In their specialized fields, all cabinet members bring international problems to the president’s attention and recommend how to deal with them. For two cabinet departments, however—the Department of State and the Department of Defense—foreign affairs are a full-time concern. The secretary of state supervises all the diplomatic activities of the American government. In the past most presidents have relied heavily on their secretaries of state. Normally, the secretary of state carries on diplomacy at the highest level. The secretary frequently travels to foreign capitals for important negotiations with heads of state and represents the United States at major international conferences. The secretary of defense supervises the military activities of the United States government. The president receives information and advice from the secretary of defense on the nation’s military forces, weapons, and bases. The National Security Adviser The national security adviser—who is also the director of the National Security Council (NSC)—plays a major role in foreign affairs. The Central Intelligence Agency In order to make foreign policy decisions, the president and his advisers need information about the governments, economies, and armed forces of other nations. The task of gathering and coordinating this information is primarily the responsibility of the Central Intelligence Agency (CIA). The National Security Act established the CIA and defined its duties in 1947. Today the CIA, under the direction of the National Security Council, coordinates the intelligence activities of other agencies. The organization also safeguards top-secret information and conducts intelligence operations that the council authorizes. Although it does use foreign agents, or spies, to obtain information, such undercover operations are only a small part of the CIA’s function. Most of the agency’s employees simply gather and evaluate information, much of it available from news media coverage of foreign officials and from official publications in foreign countries. Recently critics of the CIA have questioned the agency’s efficiency. Powers of Congress Although the president directs United States foreign policy, Congress plays an important role. The basis for this role lies in the Constitution. The Constitution gives Congress significant foreign policy powers, including the power to declare war and appropriate money. The Senate must ratify treaties and confirm diplomatic appointments. Even though Congress has these powers, some people believe it has seldom used them effectively. 33 | P a g e Power to Declare War The Constitution balances the president’s powers as commander in chief by granting Congress the power to declare war. Although the president may send troops anywhere in the world, only Congress may declare war. Yet Congress has exercised its power to declare war only five times in our nation’s history. It declared war in 1812 against Britain, in 1846 against Mexico, in 1898 against Spain, in 1917 against Germany, and in 1941 against Japan, Germany, and Italy. In these five cases the United States was officially at war with a foreign government. In other instances, instead of requesting a formal declaration of war, presidents have asked Congress to pass a joint resolution concerning the use of American troops. In 1964, for example, President Lyndon Johnson asked Congress for authority to use troops in Vietnam. Dismayed by the results of the Vietnam War, Congress tried to check the president’s power to send troops into combat by passing the War Powers Act in 1973. The act declared that the president could not send troops into combat for more than 60 days without the consent of Congress. Power to Appropriate Money By far the greatest source of congressional power in foreign policy derives from Congress’s control over government spending. Only Congress can appropriate the funds to equip American armed forces and to build new weapons. Congress must authorize funds for defense and foreign aid each year. If Congress disapproves of a president’s action, such as committing troops to a limited war, it can refuse to provide the funds to maintain the force. In a similar fashion, Congress may refuse to provide funds for aid to other nations. Congress also may decide not only the sum to be granted, but also the conditions that a foreign country must meet to be eligible for aid. Power in Treaty Making The Constitution also gives the Senate the power of “advice and consent” on all treaties. The president may make treaties with foreign governments, but a two-thirds vote of the Senate must ratify them. In reality, then, Congress is called upon for its consent, not its advice—the Senate’s power in treaty making is real. Increasingly presidents have turned to another tool for making binding commitments with foreign governments. Executive agreements are pacts between the president and the head of a foreign government that have the legal status of treaties but do not require Senate approval. Today executive agreements make up more than 90 percent of all United States international agreements. Most Favored Nation Presidents have relied on executive agreements to enhance their foreign policy powers, and Congress has not strongly objected to these presidential decisions. In fact Congress has authorized that all trade agreements be handled as executive agreements, requiring only a simple majority vote of both houses. Under United States law the president may grant most-favored- nation (MFN) status to trading partners. Such agreements reduce tariff rates on all exports from that nation to the United States. By a two-thirds majority vote Congress may overturn the president’s decision to grant MFN status. Power to Confirm Appointments The Senate must also confirm presidential appointments to diplomatic posts. This power was intended to give the Senate an opportunity to screen applicants for foreign policy positions and thus help determine foreign policy. Usually the Senate is willing to accept the nominees the president appoints to diplomatic posts. The President and Congress Congress’s powers could enable the legislature to block some of a president’s foreign policies and even initiate policies of its own. Congress, however, waits for the president to set a direction in foreign policy. On most issues Congress passes the foreign policy bills and treaties the president and his advisers propose. Over the past several 34 | P a g e decades, especially in times of war and severe crisis, the president’s foreign policies have enjoyed bipartisan, or two-party, congressional support. Presidential Advantages The president has advantages over Congress in conducting foreign policy. One is the president’s position as the leader of the nation. Only the president—or a chosen spokesperson such as the secretary of state—can speak for the nation in dealings with other governments. It is the president to whom Americans look for leadership in foreign affairs. A second advantage is that the president controls those agencies, such as the Department of State and the National Security Council, that help formulate and carry out foreign policy on a day-to- day basis. Consequently, the president has greater access to vital secret information about foreign affairs. Such information often is not available to members of Congress. A third advantage is that the president is able to take quick decisive action. Today it is often necessary to respond to events rapidly, and at times extreme secrecy is essential. The House and Senate must discuss, vote, and take into consideration the opinions of many members. Congress simply cannot act as quickly as the president or maintain secrecy with so many people involved. Finally, by using executive agreements, the president can bypass the Senate when making agreements with other nations. As a result of these advantages there has been a steady increase in the president’s power over foreign policy matters. Influence of Public Opinion Though the president and Congress have the major responsibility for making foreign policy, their decisions are often influenced by the opinions of the American people. Public opinion, for example, directly influenced the Vietnam War and Iraq War. Besides public opinion, pressure from interest groups can also affect foreign policy. The votes of Congress on foreign policy questions are subject to the influence of organized interest groups. These groups whose concerns range from trade to human rights issues can have a substantial impact on legislation that affects their areas of interest. 35 | P a g e Section 9: State and Defense Departments ■How is the State Department structured to carry out United States foreign policy? ■What constitutional powers do Congress and the president have over the military? The Department of State Officially, the Department of State’s “primary objective in the conduct of foreign relations is to promote the longrange security and well-being of the United States.” The Department of State carries out four other important functions: (l) to keep the president informed about international issues, (2) to maintain diplomatic relations with foreign governments, (3) to negotiate treaties with foreign governments, and (4) to protect the interests of Americans who are traveling or conducting business abroad. The Foreign Service More than half of the employees of the State Department serve in other countries. The officials who are assigned to serve abroad in foreign countries belong to the Foreign Service. College graduates who seek a career in the Foreign Service must pass an extremely demanding civil service exam. Successful applicants then receive training in special schools. Foreign Service Officers (FSOs) usually spend several years abroad in a diplomatic post. Then they may be recalled to Washington, D.C., to participate in foreign policy discussions at the State Department. Embassies The United States maintains embassies in the capital cities of foreign countries. An embassy includes the official residence and offices of the ambassador and his or her staff. The primary function of an embassy is to make diplomatic communication between governments easier. Currently, the State Department directs the work of over 200 American embassies and consulates. Embassy officials keep the State Department informed about the politics and foreign policies of the host government. They also keep the host government informed about American policies. An ambassador heads each American embassy. Most ambassadors today come from the ranks of the Foreign Service as experienced and highly qualified professional diplomats. Some ambassadors, however, may be political appointees, selected for reasons other than their diplomatic knowledge or experience. In every case, however, an ambassador is appointed by the president and must be confirmed by the Senate. Consulates The United States also maintains offices known as consulates in major cities of foreign nations. Consulates are not normally involved in diplomatic negotiations with foreign governments. They function primarily to promote American business interests in foreign countries and to serve and safeguard American travelers in the countries where consulates are located. Heading each consulate is a Foreign Service Officer called a consul. In the course of a routine day, the consul and staff handle individual problems and inquiries about such matters as shipping schedules, business opportunities, and travel needs. Passports and Visas For Americans traveling abroad, the State Department issues a document called a passport. The traveler whose photograph and signature appear on the passport is entitled to certain privileges and protection established by an international treaty. With a passport, an American citizen can expect to be granted entry into many countries. In some cases, however, to be granted the right to enter another country it is necessary to obtain another document called a visa. A visa is a special document issued by the government of the country that a person wishes to enter. American immigration laws require nearly all foreign visitors to obtain visas prior to entering the United States. 36 | P a g e The Department of Defense To protect national security, the Department of Defense (DOD) supervises the armed forces of the United States and makes sure these forces are strong enough to defend American interests. The Department of Defense assists the president in carrying out the duties of commander in chief. Civilian Control of the Military The Founders wanted to ensure that the military would always be subordinate to the civilian leaders of the government. As a result, the ultimate authority for commanding the armed forces rests with the civilian commander in chief, the president of the United States. Congress also exercises considerable authority over military matters. Because of its constitutional power over appropriations, Congress determines how much money the Department of Defense will spend each year. Congress also has the power to determine how each branch of the armed forces will be organized and governed. In order to maintain civilian control of the military, the top leaders of the Department of Defense all are required to be civilians. Size of the Department of Defense With more than 700,000 civilian employees and more than 1 million military personnel on active duty, the Defense Department is the largest executive department. It is headquartered in the Pentagon in Arlington, Virginia, near Washington, D.C. The Joint Chiefs of Staff The president, the National Security Council, and the secretary of defense rely on the Joint Chiefs of Staff (JCS) for military advice. This group is made up of the top-ranking officers of the armed forces. Included are the Chief of Staff of the Army, Chief of Staff of the Air Force, and the Chief of Naval Operations. The Commandant of the Marine Corps also attends meetings of the Joint Chiefs of Staff. The fifth and sixth members are the Chairman and Vice Chairman of the Joint Chiefs of Staff. The Chairman is appointed for a two-year term by the president. A Volunteer Military The United States has used two methods of staffing its armed forces—by conscription, or compulsory military service, and by using volunteers. The Selective Service Act states that males between the ages of 18 and 25 could be required to serve if conscription were reinstated. Since 1980 all young men who have passed their eighteenth birthdays have been required to register their names and addresses with local draft boards. 37 | P a g e Section 10: Foreign Policy Outline I. American Foreign Policy A. What is foreign policy 1. External goals and how they are achieved 2. Decisions about war, peace, trade, etc. B. Goals 1. National Security—protect rights, freedoms, and property 2. Support Democracy—aid other democratic countries or movements 3. Promote World Peace—less war-less expenses 4. Provide Aid to People in Need—humanitarian and relief aid 5. Free and Open Trade—global economic ties—reduced barriers C. Types of Foreign Policy 1. Isolationism—tend to domestic affairs-keep out of others business stay out of war-geographically isolated 2. Realism—take care of U.S. interests by taking an active role in international affairs-internationalist view-not ignore world around us 3. Neoisolationism—keep involvement to a minimum-let others countries deal with their own problems 4. Idealism—involvement takes into account what is good for U.S. and other country D. Who Makes Foreign Policy? 1. President a. Peace Treaties—ends conflicts b. Alliances—countries help each other c. Commercial Treaties—economic /trade d. Executive Agreements—Pres. And leader of other country e. Diplomatic Recognition—official relations with other countries f. Summit Meetings—meetings of leaders of many countries 2. Dept. of State a. Eyes and ears of Pres. b. Diplomatic Corps 1. Ambassadors—embassy—diplomatic center 2. Consuls—consulates—economic centers c. Passports—travel papers d. Visas—permits to enter a country—stamped on passport 3. Dept. of Defense 38 | P a g e a. b. All military branches under this dept. Operate out of the Pentagon—Joint Chiefs of Staff 4. Intelligence Community a. CIA—Central Intelligence Agency—outside U.S. b. FBI—Federal Bureau of Investigation—inside U.S. c. National Security Agency---Homeland Security d. Drug Enforcement Administration, Depts. of Treasury// Energy 5. Congress a. Declares war b. Ratifies treaties---confirms diplomats---money for embassies II. Alliances and Foreign Aid A. Alliances 1. Organization of American States---Latin Am.---economic aid 2. Rio Pact---L. Am. 22 countries---defense agreement 3. Bi Lateral---U.S. and one other country---Japan/South Korea 4. NATO---North Atlantic Treaty Org.---multilateral---many nations B. Foreign Aid 1. NAFTA---North Am. Free Trade Agreement---US-Canada-Mexico 2. CAFTA---Central Am. Free Trade Agree.---16 Pacific rim + NAFTA 3. USAID---aid for disasters around the world III. United Nations A. Place to talk out problems---located in New York B. Organization 1. Secretariat---manages day to day activities---run by the Secretary General---appointed by General Assembly 2. General Assembly---each member country has one vote 2/3 vote Needed to pass decisions on issues 3. Security Council---15 members 5 permanent members with veto power---U.S., France, Russia, Great Britain, China 4. International Court of Justice (World Court)---located in The Hague Netherlands---boundary disputes, debt payments 5. Economic and Social Council---health, education, population, drugs 39 | P a g e IV. History of U.S. Foreign Policy A. Isolationism 1. After independence---domestic affairs---stay out of European problems 2. War of 1812---Britain vs. U.S.---earned respect---no winner B. International Relations 1. Monroe Doctrine---1823-U.S. would not accept European intervention in Western Hemisphere---U.S. not meddle in Europe 2. Roosevelt Corollary---1904-if L. Am. Nations could not manage then affairs---U.S. step in and help 3. Dollar Diplomacy---U.S. would send military to protect U.S. business investments 4. Good Neighbor Policy---F.D.R. no intervention in L. Am. C. End of Isolationism 1. Spanish American War---1898 U.S. gained Guam, Puerto Rico, and The Philippines 2. W.W.I and W.W.II---U.S. emerges as a world super power D. Cold War 1. U.S. vs. S.U. ---political, economic, military competition 2. Brinkmanship---push to brink of war and back off 3. Containment---keep Soviet bloc isolated---did not work well 4. Truman Doctrine---money to Greece and Turkey 5. Marshall Plan---rebuilding Europe 6. Wars a. Chinese Civil War---communists win---nationalists to Taiwan b. Korean War---cease fire---no treaty c. Bay of Pigs---failed invasion of Cuba d. Vietnam---failed mission to control communism 7. Conflicts a. Cuban Missile Crisis---close to nuclear war b. Berlin Blockade---Soviets failed to close off Berlin---built wall E. End of Cold War 1. Détente---talking out problems after Cuban Missile Crisis---Hotline 2. Break–up of S. Union---glasnost-opening---perestroika-restructuring 3. Eastern Europe-free---Berlin Wall comes down---Germany reunited 40 | P a g e V. Today’s Challenges A. U.S. as world’s only super power 1. World’s policeman and savior—paid to poor---disaster funds---etc. 2. Resentment towards U.S---too rich and powerful B. Nuclear Proliferation 1. U.S.//S.U. Treaties a. SALT---Strategic Arms Limitation Talks---limited strategic ballistic missiles and land based silos b. START I---Strategic Arms Reduction Treaty---1991---no more than 6000 warheads 0m 1600 missiles---implemented in 2001 c. START II---1993---limited MIRVS---multiple independently Targeted re-entry vehicles---not implemented d. INF Treaty---Intermediate Range Nuclear Forces Treaty---1988-eliminated missiles in the 300-3400 mile range e. SORT--Strategic Offensive Reduction Treaty---2003-2011--reduced warheads to 1700-2200 f. NEW START---April 2010-2021---reduced warheads to 1500 2. India, Pakistan, France, G. Britain, Israel, N. Korea, Iran, China, Russia ---all have or may have weapons C. Terrorism 1. War on terrorism---9-11-2001 2. al Qaeda---international terror group---no one country 3. Wars in Iraq and Afghanistan---al Qaeda and the Taliban 4. ISIS---terrorist army based in Syria and Iraq D. Global Economy 1. Most favored nation status---lower tariffs 2. Sanctions---political pressure by denying access to materials or trade 3. Embargo---not buy or trades products with other nations 4. Non Political Worldwide Organizations---international companies such as Pepsi, Apple, General Motors, Coke, etc.---hard to control 5. War on Drugs---trade is based on US fight on drug production and trafficking 41 | P a g e