-Born in the US

-at least 35 years of age

-resident in the US for 14 years

Explicit Power

  to serve as commander in chief of the armed forces.

  to appoint, with the Senate’s consent, the heads of the executive departments, ambassadors, justices of the Supreme Court, and other top officials

to make treaties, with the advice and consent of the Senate.

to deliver the annual State of the Union address to Congress and to send other messages to Congress from time to time

the president also has inherent powers that are necessary to carry out his specific responsibilities as set forth in the Constitution.  Certain presidential powers were simply assumed by strong presidents to be inherent powers of the presidency, and their successors then continued to exercise these powers

  “The president is at liberty, both in law and conscience, to be as big a man as he can.  His capacity will set the limit…because the President has the nation behind him, and Congress has not.”

 the president’s political skills and ability to persuade others plays a large role in determining presidential success; the president, however, must still rely on the cooperation of others if the administration’s goals are to be accomplished

  Ex: in 2005 congress passed a law prohibiting torture when trying to gain information from enemy combatants; Bush signed the law and added a signing statement saying he had the constitution authority to order torture if he wanted 

 informs Congress about the condition of the country and recommends legislative measures.  The president works closely with Congress to get it to support his programs.

o   A large, complex, hierarchically structured administrative organization that carries out specific functions 

  Weber’s Six Principles of Bureaucracy

o   Bureaucracy rests on a body of law that grants authority to each employee within a limited sphere. The law describes the organization’s powers and responsibilities. Much as a democratic constitution does for a government as a whole.

o   The agency establishes written rules that govern how it will act within that law.  The rules specify how the agency will apply the law to particular cases, how it will proceed in enforcing its decisions, and what the duties and responsibilities of its personnel are.  They prevent arbitrary and unpredictable treatment of clients and employees.

o   The positions are arranged hierarchically; each is under a higher one and exercises supervision over lower ones.  The highest person in this structure is accountable to one outside it, usually to the chief executive or a legislative body.  No one may act independently or outside that legally defined authority.

o   Employees of the bureaucracy are appointed on the basis of their competence to perform specific tasks, certified by experience, examination, or training.  Their tenure depends solely on their seniority and achievement as judged by their superiors.  This employment constitutes a full-time but voluntary career.

o   Employees earn a monetary salary, the amount depending on rank in the hierarchy.  This is their only compensation, and they have no other claim on the facilities or resources of the organization.

o   All decisions and acts are recorded in writing.  These records guide future actions and facilitate accountability to higher authority.

o   the fifteen executive departments (cabinet-level posts), which are directly accountable to the president, are the major service organizations of the federal government.  

 furnishes legal advice to the president

assistance to farmers and ranchers; agricultural improvement

Federal Reserve System (Fed), Federal Trade Commission (FTC), Securities and Exchange Commission (SEC), Federal Communications Commission (FCC), National Labor Relations Board (NLRB), Equal Employment Opportunity Commission, Nuclear Regulatory Commission (NRC)

Federal Deposit Insurance Corporation (FDIC), US Postal Service 

U.S. Postal Service, publicly owned

 Developed in the English system, which was a precursor to our own system of law.   This is a body of general rules prescribing social conduct that was applied throughout the entire English realm

The early English courts developed the common law rules from judges’ decisions on the principles applied in earlier cases

§  let the decision  stand; judges are obligated to follow precedent

§  The US Constitution is the supreme law of the land (Supremacy Clause, Article VI, Clause 2).  Any law that violates the Constitution is invalid and unenforceable

§  In1998, the Supreme Court concluded that the Line-Item Veto Act was unconstitutional, since it violated Article I, Section 7 of the Constitution, which stipulates the actions a president may take on bills that have been presented to him.

o   on the lowest tier of the federal court system are the U.S. district courts, or federal trial courts; these are the courts in which cases involving federal laws begin, and a judge or a jury decides the cases (i.e., if it is a jury trial).

§  There is at least one federal district court in every state, and one in the District of Columbia, Puerto Rico and territories

§  The federal system also includes other trial courts, such as the Court of International Trade.  These courts have limited, or specialized, subject-matter jurisdiction; that is, they can exercise authority only over certain areas. 

o   Order down to the lower courts saying “send us the trial transcripts”

o   Will not get this unless 4 justices want to see it

o   Antonin Scalia, an associate justice of the Supreme Court, explains the dangers of the Living Constitution movement, which supports changing and interpreting the U.S. Constitution to fit the needs of the current society.  The historical trend has been towards greater restrictions on personal liberty, rather than on a loosening of social controls.  Scalia is an advocate of the Originalist approach, which interprets the Constitution in terms of its original meaning.

o   Policy set to deal with issues within the national unit

a government plan or course of action taken in response to a political issue or to enhance the social or political well-being of society. 

-the end result of the policymaking process

o   consists of public policy concerning issues within a national unit

§  The procedures involved in getting an issue on the political agenda: formulating and adopting it; implementing a policy; and then evaluating tfhe results of the policy.  Each phase of the policymaking process involves interactions between various individuals and groups

§  The president and members of Congress are obviously important participants in the process

§  Interest groups also play a key role in politics; groups that may be affected adversely or benefit from a new policy will try to influence Congress

§  Congressional committees and subcommittees may investigate the problem to be addressed by the policy and solicit input from members of a certain group or industry.

§  The first stage of the policymaking process, which consists of getting an issue on the political agenda to be addressed by Congress

§  Societal problems can become political issues that necessitate government action.  For example, airport security became a national priority after the September 11^th terrorist attacks

§  The second stage in the policymaking process involves the formulation and adoption of specific plans for achieving a particular goal such as welfare reform

§  The president, members of Congress, administrative agencies and interest groups are key players in developing proposed legislation

§  Iron triangles (or sub-governments consisting of congressional committee members, interest group leaders, and bureaucrats in administrative agencies) work together for mutually beneficial policies

§  The courts also establish policies when they interpret statutes passed by legislative bodies or make decisions concerning disputes not yet addressed by any law such as disputes involving new technology and privacy rights

§  Because of our federal system, the implementation of national policies requires the cooperation of the federal government and the various state and local governments

§  For instance, the 1996 Welfare Reform Act required the states to develop plans for implementing the new welfare policy.  The federal government, though, retained some authority over the welfare system by providing that state welfare plans had to be certified, or approved, by the federal government

§  Implementation also involves administrative agencies.  Once Congress establishes a policy by enacting legislation, the executive branch, through its administrative agencies, enforces the new policy.

§  The final stage of policymaking involves evaluating the success of a policy during (formative) and following (summative) its implementation.  Once a policy has been implemented, groups both inside and outside the government evaluate the policy

§  Congress may hold hearings to obtain feedback from different groups on how a statute or regulation has affected those groups

§  Scholars and scientists may conduct studies to determine whether a particular law, such as an environmental law designed to reduce air pollution, has actually achieved the desired result—less air pollution.  If the policy has failed a new policymaking process may be undertaken to modify or create a new policy

all government actions that are undertaken to give assistance to specific groups such as the aged, the ill, and the poor

the government’s response to the decision made by the American people, through their elected representatives, that everyone should be provided with a certain minimum level of income

often implemented through income redistribution—income is taken from some people through taxation and given to others

o   A major aspect of income redistribution in the United States involves the Social Security system.  Social Security includes what has been dubbed old age, survivors’, and disability insurance (OASDI).  This is essentially a program of compulsory savings financed from payroll taxes levied on both employers and employees

o   Workers pay for Social Security while working and receive benefits later, usually after retirement.  When the insured worker dies, benefits accrue to the survivors, including the spouse and children.  Special benefits provide for disabled workers

o   The real problem with the Social Security system is in the increasingly unfavorable ratio of workers to retirees.  The number of people who are working relative to the number of people who are retiring is declining.  This means workers will have to pay more of their income in Social Security taxes to pay for the retirement benefits of older, retired workers

o   Another problem: benefit payments are not based on the recipients’ needs.  Participant contributions give them the right to receive benefits even if they would be financially secure without the benefits.  The benefits are legislated by Congress, which can change the benefit requirements if it sees fit.

launched in 1965, is a social insurance program under which the federal government pays for part of the cost of medical care for retired persons or persons with disabilities who are covered by Social Security

is financed by payroll taxes on employers and employees.

-threatens to become the greatest budget buster as healthcare spending in the U.S. continues to rise exorbitantly.

all actions taken by the national government to smooth out the ups and downs in the nation’s overall business activity. 

- is solely the responsibility of the national government.

§  The principle underlying fiscal policy is relatively simple: when unemployment is rising and the economy is going into a recession,

-should stimulate economic activity by increasing government spending, decreasing taxes, or both.

o   Established by the Congress as the nation’s central banking system in 1913

o   Governed by the board of 7 governors à president appoints and congress must approve

o   Make decisions about monetary policy several times a year

o   Systematical and general plan on how we interact with people outside the national unit

a political policy of noninvolvement in world affairs

Early presidents believed it was the best way to protect American interests 

§  First step occurred with the Spanish-American war of 1898 à fought war to free Cuba from Spanish rule; U.S. acquired Guam, Puerto Rico, & Philippines

§  Become colonial empire; acknowledged as world power

§  Examples: open door trade policy with China; Teddy Roosevelt stating that the U.S. could invade Latin America when necessary to guarantee political and economic stability

§  Entered war in 1917 when U.S. ships were attacked in international waters by German submarines

§  After war ended in 1918, U.S. returned to policy of isolationism until 1941 (Pearl Harbor)

§  One of most significant foreign policy actions—dropping bombs on Hiroshima 

§  Terrorism attacks have occurred with increasing frequency during the past three decades

§  Varieties of terrorism à local or regional terrorism, state-sponsored terrorism, foreign terrorist networks

o   The state department directs foreign policy, treaties, citizens abroad

o   President can enter into foreign treaties, but 2/3 of senate must approve

o   Chemical, biological, or nuclear weapons that can inflict massive causalities

o   The threat of nuclear warfare formed the backdrop of foreign policy during the Cold War and has by no means disappeared  

o   Nye notes the difficulty, not impossibility, of defining what national interests are and how they should be formulated.  For Nye, “in a democracy, political struggles over the exact definition of national interests…are both inevitable and healthy” (Nye 23).  However, we can develop and prioritize a set of cogent national interests that utilize both soft power, and when absolutely necessary, hard power

§  the ability to attract through cultural and ideological appeal (e.g., half a million foreign students study in the US each year)

§  threats to our survival (e.g., nuclear or biological weapons that could destroy or damage our civilization).  These threats could be delivered by a non-state (terrorist) group or a country.