GOVT 2302

1. GOVT 2302 The Executive Evolution

2. In this section we trace the development of the executive branch over American history.

3. Blog Tags: - executive power.- executive agencies.- imperial presidency.- presidential persuasion.- regulatory agencies.- regulations. - the bureaucracy.- agency capture.- justice department. - EPA.

4. The increase in authority and power has been substantial.Some evidence:

5. First: After the creation of 3 executive departments by the 1st Congress, 12 more have been created.Recall that no executive departments are created or mentioned in the Constitution.

6. The first three: State Department (1789) Treasury Department (1789)Department of War (1789)

7. Then:

8. Department of the Interior – 1849 Department of Justice – 1870 Department of Agriculture – 1889 Department of Commerce – 1903Department of Labor – 1913 Department of Defense – 1947 Department of Health and Human Services – 1953 Department of Housing and Urban Development – 1965 Department of Transportation – 1966 Department of Energy – 1977 Department of Education – 1979 Department of Veterans Affairs – 1989 Department of Homeland Security – 2002

9. Note that the establishment of each department reflects an expansion of national power into an area where often that power did not previously exist.

10. Second: Over history, hundreds of bureaus and agencies have been established within those departments.Often these are created in response to a crisis that led to the passage of legislation that created an institution to deal with that crisis.

11. When Congress creates a new agency it delegates power to it. Instead of having to pass legislation, Congress authorizes the new agencies to issue rules to carry out the agency’s function.We will discuss the issues associated with rulemaking later.

12. Some links explaining rulemaking further: - Regulations.gov.- Rulemaking – US Department of Labor.- FCC: The Rulemaking Process.- rulemaking.wordpress.com.- FAA: Rulemaking.- EPA: Rulemaking.- SEC Regulatory Actions.

13. Agencies that exist within one of the executive departments are called bureau level agencies.

14. Example #1: The Federal Bureau Of Investigation exists within the Justice Department.Here’s their organizational chart:

16. Agencies also exist outside the structure of executive departments.This is to provide them a degree of independence form the president.

17. There are three types:

18. Independent AgenciesThese are agencies with powers over public services too expensive or important to be left to the private sector.

19. Examples: NASACIA

20. Government Sponsored Enterprises.Similar to independent agencies, but structures like private companies.

21. Examples: AmtrakU.S. Post OfficeFannie MaeFreddie MacSallie Mae

22. Independent Regulatory CommissionsEntities granted powers to make broad rules regulating some aspect of the economy.

23. Examples: FTCFCCSECEPA

24. Third: A three part advisory system for the President. These allow the president the ability to manage the executive branch.

25. Note that the president does not rely on the advise and consent of the Senate as originally designed.

26. These are the three groups of advisers: White House StaffExecutive Office of the PresidentThe Cabinet

27. White House StaffThese people work directly for the president – meaning that they are hired and fired by him - and are responsible for organizing his day to day activities.

28. Executive Office of the PresidentDeveloped in the late 1930s to assist the president in setting the policies to be implemented by the bureaucracy.

29. The CabinetComposed of the heads of the executive departments. Each department contains a large number of smaller agencies. They do the actual implementing of law.

30. 4 - With the creation of these agencies came a large federal workforce that developed a degree of autonomy.The Civil Service Commission

31. The growth may have confirmed the fears some had about the creation of a singular presidency.

32. The Anti-Federalists were worried about the potential strength of the executive branch. There would be a gradual increase in power in the office at the expense of state power.

33. They were right to be concerned. The executive branch has grown in size and strength over the course of American history.

34. Question: Is this expansion the result of presidential aggression or a legitimate response to the need of the republic as they presented themselves?

35. Constitutional Dispute: Should the Presidency be active or passive?Should the office lead or follow?Does Presidential authority boil down to how one interprets Article 2?

36. Two views of presidential power from two presidents.

37. Theodore Roosevelt Saw himself as a “steward of the people” and was bound to do anything he saw fit in their interests. As president he thought it was legal to do anything that the office was not specifically prevented from doing.

38. TR v Bigfoot!!!

40. - Pushed a “progressive” agenda. Similar in spirit to today’s “liberal” agenda.- Used the authority granted in the Sherman Anti-Trust Act to break up monopolies, reversed laissez-faire policies.- Aggressively used military and diplomatic power, reversed isolationist policies.- Promoted the passage of the Pure Food and Drug Act, increased regulations.- Developed a strong relationship with the press, promoted the expansion of presidential power and visibility.- Expanded the National Park System. “. . . he designated 150 National Forests, the first 51 Federal Bird Reservations, 5 National Parks, the first 18 National Monuments, the first 4 National Game Preserves, and the first 21 Reclamation Projects.”

41. William Howard Taft Adopted a restricted reading of Article 2. Believed the president was only able to perform those functions either specifically detailed in the document or granted by a law passed by Congress that was itself based on some clearly delegated power.

42. While Taft continued some of TR’s agenda, he did not use the press to promote them. This had the effect of alienating almost everyone. He did not see the president as “leader” of the nation.

43. He would later serve as Chief Justice of the Supreme Court. He is the only person to occupy both positions.The Taft Court.List of cases decided by the Taft Court.

44. Since the Presidency of Franklin Roosevelt, the executive branch has emerged as the dominant branch of government.

45. Most Americans would probably argue that the executive branch is the primary branch of government because it seems to be where most action takes place.

46. Presidents do more than simply oversee the implementation of the law.They tend to run for office promoting legislative agendas, not their expertise as administrators.

47. The Constitutional role of the office as Chief Executive, and little more, seems to have been forgotten. There are at least two reasons for this.

48. First, Congress has expanded the powers of the executive branch by passing laws over time granting it new functions as well as a degree of discretion in how these laws should be implemented.

49. The executive branch, through rulemaking powers, has been able to claim some legislative powers, meaning, a degree of autonomy from the legislative branch.

50. Rule making is a key component of bureaucratic power. It gives the bureaucracy discretion in implementing laws depending on how the law is written. How much discretion should the executive branch have in implementing the law?