Environmental Movers and Shakers

Earthshakers: the top 100 green campaigners of all time

The Environment Agency has invited experts to name the people who have done most to save the planet

David Adam, environment correspondent
Tuesday November 28, 2006
The Guardian

From the woman who raised the alarm over the profligate use of pesticides to the doctor who discovered that chimney sweeps in 18th century London were dying because of their exposure to soot, the government's Environment Agency has named the scientists, campaigners, writers, economists and naturalists who, in its view, have done the most to save the planet.

To help celebrate its tenth anniversary, a panel of experts listed its 100 greatest eco-heroes of all time. And it does mean all time: St Francis of Assisi (1182-1226) is there, as is Siddartha Gautama Buddha, who died in 483BC.

Earthshakers: the top 100 green campaigners of all time

The Environment Agency has invited experts to name the people who have done most to save the planet

David Adam, environment correspondent
Tuesday November 28, 2006
The Guardian


A view of the Earth from the space shuttle Endeavour shows sunshine reflected off an ocean. Rising global temperatures are increasingly melting icecaps, causing storm havoc and flooding large areas. Photograph: Corbis

From the woman who raised the alarm over the profligate use of pesticides to the doctor who discovered that chimney sweeps in 18th century London were dying because of their exposure to soot, the government's Environment Agency has named the scientists, campaigners, writers, economists and naturalists who, in its view, have done the most to save the planet.

To help celebrate its tenth anniversary, a panel of experts listed its 100 greatest eco-heroes of all time. And it does mean all time: St Francis of Assisi (1182-1226) is there, as is Siddartha Gautama Buddha, who died in 483BC.

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Top of the list is Rachel Carson, a US scientist whose 1962 book, Silent Spring, is credited by many with kick-starting the modern environmental movement. Her account of the damage caused by the unrestrained industrial use of pesticides provoked controversy and fury in equal measures. Barbara Young, the Environment Agency's chief executive, said: "She started many of us off on the road to environmental protection."

At number two is the maverick economist EF Schumacher, a German national rescued from an internment camp in the English countryside by John Keynes, who went on to achieve worldwide fame with his green-tinged economic vision.

Jonathan Porritt, head of the Sustainable Development Commission, is third, with the wildlife broadcaster David Attenborough, fourth. James Lovelock, the UK scientist who developed the Gaia theory of life on earth, is fifth.

The US former vice-president turned documentary film maker Al Gore is placed ninth, while David Bellamy, the television botanist who angered some campaigners with his contrary stance on global warming, still makes the list at 18. There are journalists too, including the Guardian's George Monbiot (23) and Paul Brown (80). And some surprises: few would consider an oil boss an eco-hero, but Lord John Browne has done enough to turn BP around to make the list at 85.

Mark Funnell, managing editor of the agency's magazine Your Environment, which published the list, said: "We tend to get incredibly negative about people and their effect on the planet. There are some who have done fantastic things and we wanted to celebrate that."

Not all the candidates have left their carbon footprints on the real world. Tom and Barbara from the BBC TV show the Good Life are at 91 while Father Christmas completes the list at 100, for his "sleek, no-carbon operation".

1 Rachel Carson, Author of Silent Spring

Seen by many as the patron saint of the green movement, Rachel Carson's reputation was sealed by the 1962 publication of Silent Spring, a passionate and revelatory account of the damage done by the unrestrained use of pesticides.

A writer, scientist and ecologist from rural Pennsylvania, she studied at the Woods Hole Marine Biological Laboratory and received an MA in zoology from Johns Hopkins University in 1932.

First hired by the US Bureau of Fisheries to write radio scripts during the depression, she supplemented her income writing features on natural history for the Baltimore Sun. A 15-year career in the federal service as a scientist and editor followed from 1936, and she rose to editor in chief of all publications for the US Fish and Wildlife Service.

In 1952 she resigned to focus on writing, and published a prize-winning study of the ocean, The Sea Around Us, followed by The Edge of the Sea in 1955. Essentially a biography of the ocean, the books made Carson famous as a naturalist and science writer. Disturbed by the widespread use of synthetic chemical pesticides after the second world war, she switched focus and wrote Silent Spring. The book is credited with launching the concept of the environment as a system that sustains us and that we must learn to live within, rather than a mine, dump or playground. It infuriated government and industrial interests and she was attacked by lobbyists as an alarmist. She died in 1964 after a long battle against breast cancer.

2 EF Schumacher, Green economist

Schumacher's 1973 book Small is Beautiful rewrote the rules by questioning whether the objectives of western economics were desirable. Ernst Friedrich was born in Bonn, but made his name in the UK after attracting the attention of John Keynes. He was feted by alternative circles in the 1960s for unorthodox thinking, and his opposition to nuclear power and the use of chemicals in agriculture. He was an early critic of economic growth as a measure of national progress and helped to found the Soil Association. Small is Beautiful catapulted him to international attention: he was invited to meet US president Jimmy Carter and he even received death threats. He died in 1977.

3 Jonathan Porritt, Government adviser

An early activist with the Green party in the 1970s (then the Ecology party) and later party chairman. He gave up teaching in 1984 to lead Friends of the Earth. In 1996 he helped to found Forum for the Future. Tony Blair made him head of the Sustainable Development Commission in 2001, but he remains a critic of government policy on nuclear power and in 2005 urged the prime minister to "bang heads" across departments to combat greenhouse gas emissions. He irked some activists with his book Capitalism As If The World Matters, in which he argued that environmentalists must embrace a "evolved, intelligent and elegant" form of capitalism.

4 David Attenborough, TV naturalist

The voice of wildlife, conservation and all things that wriggle, fly and roam across planet Earth, Sir David is still going strong at 80. His programmes have brought the natural world into the living rooms of millions over 50 years and his contribution to public awareness of natural science brought him a fellowship of the Royal Society. A Reader's Digest poll this year voted him most trusted celebrity in Britain.

He has drawn rare criticism from some environmentalists, who have complained that his programmes do not sufficiently reflect man's impact on the natural world, although he has become more outspoken for green causes in recent years.

5 James Lovelock, Biologist

Best known for his Gaia theory, which says the Earth's biosphere works as a single living organism, able to manipulate the climate and chemistry of the atmosphere and the oceans to keep them fit for life. The idea was hugely influential among fellow scientists and environmentalists, and religious and spiritual thinkers. An ex-Nasa scientist, his work on the Viking Mars missions sparked an interest in the way planets function.

More recently he courted controversy by public supporting nuclear power and increasingly dire predictions on the consequences of climate change for the human race. His book The Revenge of Gaia predicts that billions will die by the end of the century, with survivors forced to live in the Arctic. He argues that the phrase "global warming" fails to reflect the seriousness of the problem and wants it replaced with "global heating".

6 Wangari Maathai, Conservationist

Africa's "tree woman'"who founded the green belt movement in Kenya in 1977 and was awarded the Nobel peace prize in 2004. The movement has since planted more than 10m trees to prevent soil erosion and provide firewood for cooking fires. Most have been planted by poor women in the villages of Kenya, restoring their environment and providing paid work. Born in 1940 in Nyeri, Wangari, she trained as a scientist in the US before returning to Kenya to do a PhD. She gained worldwide attention in 1998 by helping to defeat plans by Kenya's president to clear hundreds of acres of forest for luxury housing. Jailed several times by previous administrations, she was elected to parliament in 2002 and is now environment minister.

7 Prince of Wales, Green royal

Once derided for talking to plants, Charles Windsor's passion for the environment and green issues such as locally produced organic foods have won him admirers and brought the issues to public attention. Last year he spoke out on climate change, calling it the greatest challenge to face man.

He said: "We should be treating, I think, the whole issue of climate change and global warming with a far greater degree of priority than I think is happening now."

8 William Morris, Craftsman and writer

Remembered by environmentalists for his pioneering predictions of the problems caused by unsustainable industrialisation. His utopian view of a society in harmony with nature still inspires generations of sustainable-living advocates.

9 Al Gore, US politician

US former vice president defeated by George Bush in the infamous "hanging chad" recount presidential election of 2000. His long-lasting interest in environmental matters, and climate change in particular, was sealed with this year's release of his film An Inconvenient Truth, which has helped to drive the issue on to the mainstream agenda.

10 Gro Harlem Brundtland, Former Norwegian PM

The Scandinavian polar opposite to Margaret Thatcher during the 1980s, her views of sustainable development seemed radical at the time, but are common political language now. Her 1987 report, Our Common Future, laid the ground for the 1992 Rio Earth summit.

11 Richard Sandbrook, Campaigner

The biologist and accountant, who died last year aged 59, had a profound influence on the green movement and the world of international development. He helped to set up Friends of the Earth UK, the Eden project and Forum for the Future. At the International Institute for Environment and Development he was instrumental in bringing together the poverty and environment agendas.

12 Amory Lovins, US energy guru

Top green thinker who launched Friends of the Earth in Britain and founded the Rocky Mountain Institute, a technology thinktank that develops blueprints for low-energy devices such as the "hypercar". He says soft technologies can cut energy use by three-quarters.

13 Vandana Shiva, Campaigner

Physicist and ecologist, founding director of the Research Foundation for Science, Technology and Ecology in India and a leader in the International Forum on Globalisation. She has had a vast impact on a range of issues from forest conservation to GM crops,from world trade policy to organic farming.

14 Ansel Adams, Wilderness photographer

Well known for his photographs of the mountain ranges, deserts, rivers and skies of the US, Adams was a passionate lover of the outdoors and an active conservationist. He commented: "My approach to photography is based on my belief in the vigour and values of the world of nature - in the aspects of grandeur and of the minutiae all about us."

15 Fritjof Capra, Austrian physicist

An Austrian doctor of theoretical physics, based in California, he combines an interest in eastern mysticism with a fascination for what makes the planet tick. His most recent book, Hidden Systems: A Science for Sustainable Living, argues the need for a natural rather than a technical toolkit to tackle the impending global crisis.

16 Aldo Leopold, US ecologist

Widely acknowledged as the founder of wildlife management as a discipline and profession, he was one of the greatest US ecologists. His writings on conservation and the value of the wild to civilisation are highly regarded. The most famous, A Sand County Almanac, inspired many to follow in his footsteps.

17 Chico Mendez, Brazilian anti-logger activist

A Brazilian rubber tapper, unionist and environmental activist who fought to stop logging in the Amazon rainforest for cattle ranching. He was murdered by ranchers opposed to his activism.

18 David Bellamy, TV botanist

A formidable campaigner for green causes, including saving a Tasmanian rainforest from flooding by a dam project. In recent years his reputation has been tarnished by public statements sceptical of climate change. Fierce hater of wind farms.

19 Joseph Bazalgette, Victorian engineer

The architect of central London's sewer system who saved the city from the cholera epidemics that had ravaged it in the early 19th century.

20 John James Audubon, US naturalist and artist

Born in 1785, his seminal work, Birds of America, a collection of 435 life-sized prints, is still a standard by which modern day bird artists are measured. While living on the family estate near Philadelphia he conducted the first known bird-banding experiment in North America by tying strings around the legs of Eastern Phoebes.

21 Sir Peter Scott, conservationist

22 Tim Smit, record producer turned gardener

23 George Monbiot, author and Guardian columnist

24 Michael Meacher, former Labour environment minister

25 Ken Livingstone, mayor of London

26 Tony Juniper, campaigner

27 John Muir, conservationist

28 Kirkpatrick Macmillan, bicycle inventor

29 Arnold Schwarzenegger, bodybuilder turned actor turned US politician

30 John Ruskin, Victorian critic

31 David Bower, Friends of the Earth founder

32 Jim Hansen, Nasa scientist

33 Thomas Malthus, economist

34 Percival Potts, public health pioneer

35 David Suzuki, ecologist and television presenter

36 Max Nicholson, ornithologist

37 Mayer Hillman, climate change expert

38 Octavia Hill, open spaces campaigner

39 Dai Qing, Chinese anti-dam campaigner

40 Paul Johnson, Greenpeace scientist

41 Paul de Jongh, Dutch author

42 Dionisio Ribeiro Filho, Brazilian environmentalist

43 Andrew Lees, campaigner

44 Mike Hands, tropical ecologist

45 Petra Kelly, German green politician

46 John Dower, national parks visionary

47 St Francis of Assisi, patron saint of animals and ecology

48 Jane Goodall, primatologist

49 Henry David Thoreau, author

50 Sunita Narain, Indian campaigner

51 Lester Brown, green policy expert

52 G K Chesterton, author

53 Swampy, roads protester

54 Sir John Banham, green industrialist

55 The people of Bougainville, eco-revolutionaries

56 Caroline Lucas, green party MEP

57 Teddy Goldsmith, Ecologist magazine founder

58 George Waterson, former RSPB director

59 Gerald Durrell, author and zoologist

60 Mark Mayer, journalist

61 Marion Shoard, writer and broadcaster

62 Nan Fairbrother, author

63 George Baker, urban conservationist

64 Dame Miriam Rothschild, scientist

65 Charlene Spretnak, US author and activist

66 Richard St Barbe Baker, forester

67 Graham Wynne, RSPB chief executive

68 Conrad Waddington, animal geneticist

69 Rudolph Bahro, author

70 Nick Hildyard, campaigner

71 Christopher Lloyd, wildlife gardener

72 Jane Jacobs, Canadian writer and activist

73 Robert Heilbronner, economist

74 Michael Braungart and Bill McDonagh, co-founders of green chemicals firm MBDC

75 Karl Henrik Robert, Swedish cancer researcher

76 Sue Clifford, campaigner

77 Colin Ward, anarchist and writer

78 Stephen Jay Gould, evolutionary scientist

79 Paul Ekins, green policy expert

80 Paul Brown, journalist

81 Mahatma Gandhi, Indian leader

82 John Stewart, roads campaigner

83 Rosamund Kidman Cox, journalist

84 Bob Flowerdew, green gardener

85 Lord John Browne, BP boss

86 Colin Tudge, author

87 Charles Darwin, naturalist

88 Tony Bradshaw, urban ecologist

89 Dalai Lama, spiritual leader

90 Herman Daly, author

91 Tom and Barbara from the Good Life, TV eco warriors

92 Siddartha Gautama Buddha, spiritual leader

93 Ted Green, trees and fungi expert

94 Alfred Wallace, naturalist and rival of 87

95 Samuel Taylor Coleridge, romantic poet

96 Margot Wallstrom, EU politician

97 Dale Vince, green energy pioneer

98 Joe Strummer, former Clash frontman turned carbon offset pioneer

99 Jamie Oliver, television chef

100 Father Christmas, carbon-free delivery

The Courts

The Courts

Only branch of the American government that is NOT ELECTED

However – still VERY political, and plays into modern-day political battles on a regular basis

Tocqueville – noticed that most political issues will be addressed by the court in due time

COMMON LAW TRADITION

Began with the Norman conquest of England (1066)

Unified the country by establishing King’s Courts (as opposed to local courts which solved problems unilaterally)

Under Norman law, sought to create a legal system that was UNIFORM throughout the country

As court cases accumulated, judges created Year Books, to provide judges in future cases with a legal background against which to decide cases.

Evolved into a legal system now called common law – decisions are shaped according to prevailing custom. Decisions applied to similar cases – and gradually became uniform (or common) to the nation

Precedent – a key legal concept in English law (and consequently, American law).

Stare Decisis – “to stand on decided cases” – judicial policy of following precedent

CA example – if the Supreme Court of CA makes a decision (say, same sex marriage), a lower court will have to follow that decision. However, lower CA courts do not have to pay attention to Supreme Courts in UT or NV

Most former Commonwealth nations (US, Canada, India, NZ, Australia) have common law

The other main type of legal system – civil law – is used in Continental Europe. Civil law – origins in Roman law, has a set of laws that are codified, or written down, and judges interpret them.

Sources of American Law

Constitutions

Note the plural. The US Constitution is supreme law, but each state has its own Constitution. They are all sources for legal decisions.

Statutes and Administrative Regulations

Statutes typically play a much more important role in civil law systems – but they are gaining in importance in the American legal system.

Statute – law enacted by a legislature

Federal statutes – can only relate to areas of federal jurisdiction (inter-state commerce, federal taxation)

State statutes – criminal codes, commercial laws

Cities, towns, etc also have statutes – which are called ordinances

Usually public safety and zoning issues

Case Law

- First refers to judicial interpretations of common law principles and doctrines

- Also includes interpretations of constitutional law, statutory law, and administrative law

FEDERAL COURT SYSTEM

Jurisdiction – the authority of a court to decide certain cases.

A civil court cannot decide a criminal case.

A federal court cannot decide a criminal case that only occurred within 1 state.

Federal Courts : can only decide matters on a federal question or a “diversity of citizenship”

Federal Question: when a case is based, in part, on US Constitution, treaty, or federal law

Diversity of Citizenship – when a case arises that involves citizens from different states – or if it is between US citizens and foreign nationals

Amount in controversy – must be at least $75,000

Standing to Sue You must be an “interested party” (directly affected by legal outcome) to sue

Remember – Dred v. Scott

Individual can only sue if they have been suffered a harm, threatened by harm

Circumstances must also fall under the category of JUSTICIABLE CONTROVERSY

Real and substantial (not hypothetical, academic)

Types of Federal Courts

US District Courts – trial courts

Court in which most cases begin

Courts of “general jurisdiction” – they can hear cases on many issues

Other courts have “limited jurisdiction” – can only try cases that have very specific claims (tax, international trade, etc)

Always at least 1 federal court in each state – but how many is dependent on census returns

If a party is unhappy with the trial verdict, they can then take their case to a federal appellate court. US Courts of Appeal are regional – so they can be based in Wyoming, but hear an appeal from Kansas.

US Court of Appeals

13 in total

Also called Circuit Courts of Appeals

12 of these courts hear appeals from their geographic regions

The 13^th is called the Federal Circuit, has NATIONAL APPELLATE JURISIDICTION – meaning, what it decides has national implications

A note on appeals: it is not a new trial. 3 judges sit in a room, read the trial proceedings, and determine if the trial court committed an error

Appeals are only granted if there are grievous miscarriages of justice/blatant ignorance of procedure

US Supreme Court

In 1789 – 5 justices

Since 1869 – 9 justices

Supreme Court is exactly that – SUPREME

Congress can create “inferior” courts – but never add or diminish to the power of the Supreme Court

SC – can exercise ORIGINAL JURISDICTION (act as a trial court) in a few instances: issues involving foreign diplomats, if a state is a party to a suit, if a presidential election needs to be decided…)

Overwhelmingly, though, it is an appellate court

Keep in mind – SC can only review state supreme courts’ decisions if it involves a federal matter

Specialized Federal Courts and War on Terrorism

FISA Court: Foreign Intelligence Surveillance Act

This court hears requests for warrants for surveillance of suspected spies

Court has approved thousands. There is no public access for this trial.

After 9/11 – Bush extended power of FISA Court

Previously, FISA was only allowed to issue warrants for secret DOMESTIC surveillance to gather information on foreign intelligence

Now – allowed secret DOMESTIC surveillance to spy on domestic “threats”

Alien “Removal Courts”

Came on the heels of the Anti-Terrorism and Effective Death Penalty Act of 1996

Created this a. r. court to remove suspected “alien terrorists” from US territory

Judges decide if there is probably cause for deportation

Case then moves to district court, proceedings are in public – but defendant does not have right of access to prosecutor’s documents (as in most trials)

Parties to Lawsuits

Plaintiff – (whoever initiates the lawsuit)

Defendant – (person against whom the lawsuit is brought)

Sometimes, plaintiffs can number in the thousands – and this is a “class-action suit” – it’s decided that, instead of trying each case individually and tying up thousands of hours in the courts, you have one trial that conglomerates the complaints of all concerned individuals

Think Erin Brokovich

Interest Groups – play an increasing role in litigation

Can post amicus curiae briefs, and also help organize class action suits

Procedural Rules

“Points of order,” “Objection,” “Relevance,” etc

Try to protect all parties to a suit, against self-incrimination, slander, undue speculation, etc

Judges enforce the procedure. It is not up to them (in most courts) to decide on the merits of a case – it is to ensure a fair and speedy trial

When a judge orders an attorney to withdraw an objection, or drop a line of questions s/he deems “irrelevant,” the attorney is legally bound to accept this decision. If they don’t, they can be held in “contempt of court” – usually a fine, and occasionally, a very short spell in prison (1 day, etc)

Supreme Court at Work

Begins its term the first Monday in October

Usually ends in late June/early July

If they have not finished the cases, it just rolls over into October

SC actually decides very few cases – are asked to review 7000 cases each year, usually only deliver formal opinions on 80-90 cases

(This is up from 1460 in 1945).

What are some of the topics that the SC has decided on lately?

Which cases reach the Supreme Court?

Court chooses which cases it decides (save for debate)

SC doesn’t have to explain why it chooses to do one case and rejects another

Factors that Influence Decision

Has a lower court not fully answered a legal question, and should this be rectified?

Has a lower court decided a case in a way that contradicts previous SC rulings?

Does the issue have added significance beyond the immediate parties?

Solicitor-General: (high ranking appointee within justice dept) – might be pressuring the SC to take a case

Granting Petitions for Review – if a Court wants to hear a case, writes a write of certiorari – order issued from a higher court to a lower court to send all documents relating to a specific case for review

Four justices MUST approve this writ – known as “rule of four”

Deciding Cases

First, justices research the legal and constitutional issues surrounding this case

(Have the help of law clerks – each has 4 – very prestigious law appointment for law students)

Court does not hear the facts of the trial

What then happens is that a representative from both sides will each deliver a 15-minute oral argument, attempting to convince the justices that they are right

Justices can ask questions

All of this is tape-recorded

Justices then meet behind closed doors to discuss the merit of both arguments. This is all done very secretly – nobody has the right to listen in or obtain the notes.

Decisions and Opinions

Say a court reaches a decision. 5 justices for, 4 against. One of the 5 will then write the official opinion – stating why the Court decided in favor of one side over the other, and explaining the constitutional/legal precedents that led them to this decision

At this point, the verdict of a lower court can be affirmed (SC is in agreement), it can be reversed (a reversible error was committed during trial, or jury was instructed improperly)

Sometimes, case can be remanded – sent back to the lower court to be tried again

If the court’s opinion is unsigned – it’s called an opinion “per curiam” (by the court)

Unanimous opinion – all judges agree

Majority opinion – 5-4; 6-3; 7-2; 8-1

An opinion is written explaining the views of the majority

If a justice is in agreement with the decision, but feels another point needs to be highlighted about the case, he can write a CONCURRING OPINION

Dissenting Opinion – separate opinion in which a judge dissents from the conclusion reached by the majority and expounds his/her views on case

Most famous dissenting opinion? Harlan’s Dissent, in Plessy vs. Ferguson – often cited in cases today, most famously in Brown vs Board of Education

Selection of Federal Judges

A very politicized process

In fact – in 2000 presidential campaigns, one of the main concerns was the expected vacancy of 2-3 Supreme Court seats, and the victor party would be choosing the replacements

Judicial Appointments

850 in total

A variety of people come to the President with suggestions to fulfill these appointments – dept of justice, senators, candidates, bar association)

Many things are considered – political positions, previous legal leanings (more exec power or less? Judicial freedom or judicially strict?), gender, race, location, etc

Nomination Process:

President formally nominates candidate

Senate then confirms or rejects candidate

Senate Judiciary Committee – holds a hearing, vets the candidate, makes sure that they’re not criminals, extremists, etc. John Roberts, Sam Alito

Senatorial courtesy – tradition that allows a senator to veto an appointment if it is within his/her state

Federal District Court Judgeship Nominations – President officially nominates – but because these are local judgeships, usually comes from local Senator

Considered part of presidential patronage

Carter – established an independent commission to choose judges

Reagan – abolished these commissions

Orrin Hatch (R-UT) announced in 2000 that Democrats would no longer be able to use Senatorial courtesy to block judicial appointments. Didn’t come into effect until 2002 (because of Jim Jeffords)

Federal Courts of Appeals Appointments – fewer appointments here than district ones, but are more important

Handle much more sensitive topics that have national significance

Considered a “stepping stone” to Supreme Court

Supreme Court Appointments

Hold a variety of positions – federal court of appeals, private practice, secretary of state, navy, postmaster general, secretary of labor, professors of law (Taft)

Partisanship and Judicial Appointments

Discuss John Roberts, Sam Alito

Senate’s Role

Can be a problem when getting Supreme Court nominees approved

20% of them are not

From Andrew Jackson to present

Discuss Clarence Thomas – Confirmed in 1991

Nominated by Pres. H. W. Bush – seat vacated by Thurgood Marshall, the first black Supreme Court justice

Also, very conservative

American Bar Association – did not give him a unanimous endorsement

NAACP opposed his nomination, on account of his stance against affirmative action and other programs

Anita Hill – University of Oklahoma law professor

Used to be a coworker of Thomas’ when they both worked at the US Dept of Education and Equal Employment Opportunity Commission

Claimed he sexually harassed her repeatedly during those times

Testified to the FBI that he used sexually coarse language with her

Senate would narrowly confirm him, 52-48

Policy-Making and the Courts

Judicial Review

Determines whether laws/actions by other branches of government is constitutional

Established by Marbury vs Madison

Some lawyers/legal scholars claim that the power of judicial review gives unelected judges too much influence

Others say it is necessary to protect rights

Judicial Activism – doctrine holding that the Supreme Court should take an active role by using its powers to check the activities of governmental bodies when those bodies exceed their authority

The Warren Court – was originally seen as a republican (was a judge in CA). Eisenhower wanted to put another Republican on the bench – but Warren turned out to be one of the most liberal judges the Supreme Court ever had (“biggest damned fool mistake I ever made”)

Under Warren:

Brown v. Board of Education (1954)

“One man, one vote” cases (1962-1964 (dramatically altered the power of rural areas in many states)

Hernandez vs. Texas (1966) – gave Mexican-Americans the right to sit on juries

Miranda v. Arizona (1966) – Miranda rights

Judicial Restraint

Doctrine holding that the SC should defer to the decisions made by the elected representatives of the people in the legislative and executive branches

Because judiciary is UNELECTED, must be extra-wary of becoming too powerful

By overruling decisions/actions/laws passed by exec and legislative branches – you’re overruling the wishes of the electorate (very conservative doctrine)

Strict vs. Broad Construction

Strict Construction – judicial philosophy that looks to the “letter of the law” when interpreting the Constitution for a particular reason

Basically – if the founding fathers did not expressly state that such a law should be passed, or that a particular law included certain matters, then you can not infer that it does

STICK TO THE TEXT

Broad Construction – judicial philosophy that looks to the context and purpose of a law when making an interpretation

So let’s take the civil rights movement.

Plessy vs Ferguson (1896) – interpreted the 3/5 rule of the constitution literally

Did not count African-Americans as citizens. This is STRICT CONSTRUCTION.

1865 – Civil War Amendments. African-Americans are now citizens. BROAD CONSTRUCTION.

Bureaucracy Chapter

Bureaucracy Chapter

What is bureaucracy?

Large organization that is structured hierarchically to carry out specific functions

Public and Private Bureaucracies

- they exist outside of government as well

- for instance – McGill is FAMOUS for its red tape

book maintains that handling complex problems requires a division of labor – in order to get all parts of the job done, it must be completed by a variety of departments

Differences between public/private: Private has a SINGLE leadership bloc

Public B.: answers to a variety of leaders – President, agency head, Congress. Being pulled in all directions.

Other difference: Private is for profit, government is for services.

Three Models of Bureaucracy:

Weberian Model: Max Weber, argues that the growing complexity of modern life made bureaucracy necessary.

Organized hierarchically, governed by formal procedures

Top-down power structure

Decisions – shaped by detailed technical rules

Bureaucrats – SPECIALISTS – can only function in one area of a topic

Advancement – based on merit, not on connections

Bureaucracy – should not be political

Acquisitive Model – model of b. that views top-level bureaucrats as seeking to expand the size of their budgets and staffs to gain greater power

Is not apolitical

Bureaucrats want to increase their power – so increase budgets and staffs

Top level bureaucrats are always trying to “sell” their agencies to the public/Congress, to convince them to give them more funding

Monopolistic Model

Compares bureaucracies to business monopolies. Lack of competition leads to inefficient/costly operations

Not penalized for inefficiency

So, do not create/implement cost-saving measures

Bureaucracies Compared

In US – fairly autonomous and independent

Lines of authority – not always clearly defined, gives agencies a lot of leeway

Federalism – national agencies must provide funds to their state and local offices

In Europe, many bureaucracies are national and top down – no need to devolve power or have other offices

Important Agencies – Administrative Agencies – created and authorized by legislative bodies to administer and enforce specific laws

Size of Bureaucracy

1789 – 3 depts (State, War, and Treasury

Now – 2.7 million government employees

However – does not include the # of subcontractors or consultants

All govt employees (local, state, national) – account for 15% of the workforce

Organization of Federal Bureaucracy

Executive Branch

Four structures: Cabinet depts., independent executive agencies, independent regulatory agencies, and government corporations

Cabinet Departments

15 in total

Also referred to as LINE ORGANIZATIONS – means it is directly accountable to the president

Perform government functions

A president can ask to create a new one (as Homeland Security was created in 2003), but must do so with Congressional approval

SECRETARIES lead each dept. Lots of undersecretaries and assistant secretaries

The top officials in each dept are directly chosen by the Pres – but beyond that, it is staffed by permanent employees, who may have their own way of doing things. So, while the Pres has power over it, Cabinet depts. Do not always follow Pres’ orders

Independent Executive Agencies

Federal agency that is not part of a cabinet dept but reports directly to the president

Ex: Environmental Protection Agency, CIA, NASA

Congress determines what powers it will have, who it will be accountable to

Independent Regulatory Agencies

Agency outside the major executive depts. Charged with making and implementing rules/regulations

First one – Interstate Commerce Commission (ICC) – made decisions about rates, profits and rules that would facilitate interstate trade

Other examples – FCC, Nuclear Regulatory Commission

Purpose of Reg. Cmtes – Originally created to serve as experts on a specific policy area, so that Congress wouldn’t have to legislate on areas it didn’t have familiarity with

Combine all 3 branches of govt

Legislative – create rules/regulations

Executive – enforce rules

Judicial – decide disputes arising over laws

Members are appointed by President with consent of Senate, but do not report to Pres

Legally, must be from different political parties

If vacancies occur – President appoints members from own party

Agency Capture – supposed to be independent – but sometimes they’re not

An industry that is regulated by govt agency can gain direct/indirect control over an agency

Deregulation/Regulation – Reagan’s mantra was “smaller government,” and had many industries DEREGULATED (remove regulatory oversight) – although Carter began the process

Under Bush I, the public wanted more industries to be regulated – Clean Air Act of 1991 and Disabilities Act of 1990 increased regulation

Clinton – ICC eliminated, banking and telecoms deregulated

Government Corporations

Agency of govt that administers a quasi-business enterprise. Only used when services are commercial

Has a board of directors/managers – but no stockholders

If it makes a profit, doesn’t have to distribute it or pay taxes

Ex: FDIC, USPS

Staffing the Bureaucracy

Political Appointees

Serve a variety of functions: Pres can pay off political debts (favors he promised to get elected)

But can also draft the services of highly talented people

Aristocracy of Fed Govt – are the top dogs, nobility

But aren’t as powerful as they may appear

Only has position for a brief time (compared to permanent staff)

Avg length of term – 2 years

Usually have little background in the policy area, and are heavily reliant on civil servants for information

Problems Firing Civil Servants – fewer than 0.1 been fired for incompetence. Firing can result in years of hearings and appeals – so no one really wants to go down that road

History of the Federal Civil Service

For a long time, used Spoils system – whoever won, got to usher in all those who voted for him/supported his campaign

Gradually – began to see the appeal of the merit system – selection and promotion of govt employees based on exams – originated in Germany

Civil Service Reform Act of 1883/Pendleton Act

Created the Civil Service Commission – manage employees/examinations

Now covers over 90% of federal employees

Upheld twice by the SC – first by Elrod v. Burns (76) and Branti v. Finkel (’80) – both dealt with civil service employees who did not support political party in power – could not be discharged for that

Rutan v. Repub Party of Illinois (90) – can’t hire someone because they share partisan loyalties

Civil Service Reform Act of 1978 – abolished Civil Service Commission

Added Office of Personnel Management (OPM) – recruits, interviews, tests job applicants

Merit Systems Protection Board (MPSB) – evaluates charges, hears appeals, and orders corrective actions

Federal Employees/Political Campaigns – 1933, many staffers at the newly created New Deal agencies actively campaigned for the Dem party

Harch Act of 1939 – banned employees from actively participating in campaigns

Some claim federal bureaucrats are robbed of their First Amendment rights. Do you agree?

Modern Reform

Government in the Sunshine Act (1976)

Requires all committee-directed fed agencies to conduct business in public session

Information Disclosure – general trend in policies that originated in 60s. Open disclosure on housing market, Freedom of Information Act

Curbs on Info Disclosure – Changing since 9/11

Restriction on information – closing down websites, and recalling documents

Military restricted information on activities, FBI also

State and local governments have followed feds’ lead

Sunset Laws – require that programs be reviewed regularly for effectiveness and be terminated unless specifically extended as a result of reviews

First suggested by FDR – understood that the New Deal agencies he created should not be allowed to continue indefinitely

But it was never implemented

Sunset legislation first adopted by CO in 1976

Privatization

Replacement of government services with services provided by private (for profit) firms

Ex: government may allow private firms to administer/maintain prisons

Also – providing “vouchers” for services – NYC Education uproar, “vouchers” for private schools

Vouchers work best on local level –

Public-private partnership (PPP) is a system in which a government service or private business venture is funded and operated through a partnership of government and one or more private sector companies. These schemes are sometimes referred to as PPP or P3.

First begun in UK – maintenance of London Underground.

Now in US: Maintenance of Central Park

Incentives for Efficiency/Productivity

Federal Incentives – Government Performance and Results Act 1997 – tried to improve efficiency

All agencies describe goals and create benchmarks to measure progress

Goals may be BROAD – and apply to general agency procedures – or NARROW – very specific functions

Bush II – “Performance based budgeting” – links agency funding to agency performance. Rewards efficient agencies, punishes ineffective ones

Has Bureaucracy Changed? Some say govt must be more responsible and flexible to adequately respond to demands of modern economy

Others maintain the fault lies with those who run the agencies – they must be specifically trained for their tasks, not just political appointees cashing in on a favor

E-Government: A Good Idea? Can communicate with bureaucrats via email

Federal agencies now have websites where people can access information from home/computers

Helping Whistleblowers –

Someone who brings gross inefficiency or an illegal action to public’s attention

1978 CSA – prohibits punitive action from being taken against whistleblowers – but it still happens

Now – some federal agencies have free hot lines to report inappropriate behavior – 35% of calls result in follow-up

Whistle-Blower Protection Act 1989 – established Office of Special Counsel – OSC – an independent body to investigate complaints by employees who have been punished or fired for reporting fraud

But – whistleblowers are still not adequately protected

Ex: Colleen Rowley

Bureaucrats as Politicians/Policymakers

Congress has too many things to do to focus daily on every agency

Sothey have the ability to ENABLE LEGISLATION – authorizes the creation of an administrative agency and specifies the name, purpose, composition, powers, etc

Ex: Federal Trade Commission – created by FTC Act of 1914

Agencies are supposed to follow laws passed by Congress – but laws are written in legalese, and often leave a lot of wiggle room

So agencies have the ability to interpret them as they wish and shape policy that way

Also – Congress doesn’t have the technical expertise (EPA – not all Congresspeople are environmental and scientific experts), so they cede that power to the agencies

How Agencies Put Laws to Work

Congress passes a new air-pollution law. The EPA decides that it will target the reduction of carbon emissions from factories. So they draft their regulation, and publish it in the Federal Register – a daily gov publication.

Then – there will be people (companies, lawyers, etc) who will comment on it, and attempt to have things changed within that regulation. Once the expiration on the comment period has passed, the EPA is free to redraft the regulation how it wishes.

Waiting Periods/Court Challenges Final regulation is published in Federal Register

60-day waiting period before it can be implemented

Regulation can then be challenged in court by interested parties (companies, etc.)

Claim that the regulation does not follow the “spirit of the law” as envisioned by Congress when they passed the bill, etc.

However – very difficult to overturn rule once it’s been finalized

Controversies

Sometimes, like in passing laws, creating regulations have unintended effects. In an effort to save salmon breeding grounds, the Oregon governor cut off the irrigation flow of rivers – and farmers in OR and CA were left stranded.

Negotiated Rulemaking

From 1945-1980s, regulations were regularly challenged in court

Since then though, individuals realize how wasteful it is, and how rarely cases are won

Instead, fed agencies encourage “interested parties” to become more involved in the rule-drafting process

Idea is that greater cooperation earlier in the game reduces # of court challenges and also impels “interested parties” to follow the regulation more closely

Congress approved this in Negotiated Rulemaking Act of 1990

If an agency wants cooperation – must publish in Federal Register the scope of the proposed rule, who would be affected, etc

Reps of those “interested parties” may then apply to become a part of the rulemaking process

Committee is formed – agency chairs it, serves as a neutral party in negotiations between interested parties

Bureaucracies’ Role in Policy-Making

Iron Triangle – 3 way alliance among legislators, bureaucrats, and interest groups to make or preserve policies that benefit their respective interests

On Federal Level – US Congress (oversight and regulation committees), specific agencies, and national interest groups

Main foundation of this diagram: Bureaucratic agencies seek to create/consolidate their own power base

In this triangle, the consumers or American people often get left out. They don’t represent certain interests, and generally there is more trading of favors and political clout within the triangle than an actual concern for the welfare of the public

Ex: Tennessee Valley Authority (TVA)

Founded in 1933 to provide jobs in Appalachia and cheap electricity

Faced strong opposition from private-sector utility authorities

So, to secure support, TVA cultivated relationships with large agricultural interests, who held particular sway with Southern Congressmen.

However, because of these ties, those who needed the cheap electricity most (black farmers) were left in the cold

Issue Network

Group of individuals/organizations t hat supports a particular policy position on an issue

Iron Triangles would be more powerful if there were fewer agencies/interested parties

As it is, special interest groups and concerned citizens have tremendous pull

They get together, create grassroots campaigns, lobby senators, businesses, reps, the president, get message across

Congressional Control

Some say, bureaucracy is too large – Congress can’t “control” it

But they do have some say over it

Congress creates them, and provides the money for them – if they really don’t like an agency, they can withhold funds

Also – the right to conduct investigations and hearings

Agency officials can be ordered to testify in Congress about the activities of their agency

GAO – Gov Accountability Office – Congress can ask them to investigate agencies as well, if they suspect misuse of funds, etc

Also, the CBO – Congressional Budget Office – can conduct oversight studies

Congressional Review Act of 1996

Created ways for Congress to express congressional disapproval over agency actions

Not really used – but the power to use them is there

Executive Branch Notes

EXECUTIVE BRANCH

Mothers all want their sons to grow up to be      

president but they don't want them to become      

politicians in the process                        

- John Fitzgerald Kennedy

"As to the Presidency, the two happiest days of my life were those of my entrance upon the office and my surrender of it." – Martin van Buren

"If it were not for the reporters, I would tell you the truth." – Chester A. Arthur

""My God, this is a hell of a job! I have no trouble with my enemies . . . but my damn friends, they're the ones that keep me walking the floor nights." – Warren G. Harden

"I like the job I have, but if I had to live my life over again, I would like to have ended up a sports writer." – Richard M. Nixon

Calvin Coolidge Story

Presidents – have much more varied experiences than the average Congressperson

Reagan – movie star. Many governors, some Senators, some business people

Woodrow Wilson – was President of Princeton University first

Must be an American citizen and American-born – what about Schwarzenegger?

You have to be 35 years old at least. Avg age – 54

Some concern about former Congressmen/Senators becoming Presidents – are usually accused of being too political, too “in” with DC – presidents lately have won on the image of being an outsider to Washington

Roles of the President

Head of State

Represents the US to the rest of the world. Is the figure that other nations first think of when they think of the US.

Many ceremonial tasks – throwing ball out at baseball games, cutting ribbons, representing the US in foreign embassies/events, etc

Critics say these duties take away from actual time spent “governing” – but presidents have realized that additional exposure doesn’t hurt for upcoming campaigns

Chief Executive

Head of the executive branch

Powers of Appointment/Removal

Bureaucracy – 2.5 million strong, but only those in the executive office are actually hand-picked by president

Imagine how long it would take to hand-pick every single member of the bureaucracy

The bulk of the bureaucracy is made up of civil servants – work on “merit system,” so that there isn’t too much cronyism and things are actually accomplished (debatable)

Appointment Power - president appoints his cabinet (Treasurer, Post Office, Defense, State, Agriculture, Interior, Commerce, Justice, Labor, Education, Health, Veterans Affairs, Homeland Security, Housing/Urban Development)

Also – agency heads, judgeships, and other staff assisting these people

Pres also has power of removal – if he disagrees with the way someone is running an agency, or a scandal is erupting, he has the right to replace them with someone more capable

It’s been challenged in 1926, and now the Pres has a more difficult time removing those who have been approved by the Senate

Power of Reprieves/Pardons

Reprieve – commutes the sentence handed by a court of law (usually for death penalties)

Pardon - sentence is absolved

Some constitutional discussion with this – judicial branch maintains that it was fully within its power to grant these sentences, and executive interference violates checks and balances

Most famous pardon – Ford pardoning Nixon for his involvement with the Watergate scandal

Commander-in-Chief

Supreme commander of the military forces of the US

Which is why Clinton was given such a hard time on the campaign trail about dodging the draft

Recent examples: Truman dropping the A-bomb on Japan, LBJ stepping up the war in Vietnam, Bush Sr. leading a coalition to eject Iraq from Kuwait

“Football” – contains all nuclear codes, only president can activate them

Congress hasn’t formally declared war since 1941, but US has been involved in military conflicts since then

War Powers Resolution – Congress got tired of being leapfrogged, so against Nixon’s wishes they passed this resolution.

President must consult with Congress within 48 hours of sending troops

Troops can only stay for 60 days without Congressional approval to continue their presence abroad

Once troops are out – it’s really hard to bring them back

Ex: Reagan in Beirut (18 months)

Chief Diplomat

It’s why those Bush-speech-jokes actually mean something sometimes

Dominates US foreign policy

Advice and Consent – may make treaties and agreements with other heads of state as long as it is in the same vein of previous agreements approved by the Senate

Importance of Diplomatic Recognition

When you acknowledge a state, and give it diplomatic recognition, you’re recognizing the government as LEGITIMATE and will directly deal with the government.

Sometimes, withholding recognition can be a political statement in itself. Most of the world refused to acknowledge Afghanistan’s Taleban government as legitimate

Taiwan – still hasn’t been granted formal recognition by the rest of the world, because China would flip out if people did

US didn’t recognize the USSR until 1933 – when it realized that world war was approaching and it was better to have the Soviet Union as an ally

Proposal/Ratification of Treaties

President can negotiate treaties (although often the SOS does that in his place)

All treaties must be ratified by the Senate

Wilson negotiated the Treaty of Versailles (to end WWI) and created the League of Nations. However, he had a rival in the Senate (Henry Cabot Lodge) who wanted to undermine him, and the Senate would only accept the treaty if the LofN was significantly weakened. Senate approved THAT version, but Wilson refused to acknowledge it, and the US never joined League

Carter – neutralization of Panama Canal

Clinton – passage of NAFTA

Bush before 9/11 – didn’t see the point in international agreements, and in his first 9 months, pulled the US out of many treaties/negotiations

Most notably, Kyoto

Executive Agreements

International agreement made by a president with a foreign head of state

Needs no formal Senate approval

Done in “best interest” of the US

Currently, international agreements are executed by executive agreement rather than treaties at a rate of 10:1.

Ex: NAFTA

Chief Legislator

Some presidents have been more successful than others

Some have had little success pushing legislative agendas through (Clinton)

Others (FDR/LBJ) made sure they accomplished their programs

President creates the constitutional agenda – STATE OF THE UNION ADDRESS. Gives you direct knowledge of what the Pres will be focusing on in the next year, and which programs he will try to push through Congress

Passing Legislation – Pres can PROPOSE legislation, but that’s it. He has to work with people on “The Hill” to be sure they introduce the legislation to the floor and attempt to get it passed. Requires a lot of feather-stroking

Has a direct relationship with the Majority Leaders and Minority Leaders of the House and Senate

Vetoing Legislation - can veto a bill he’s against. However – it’s a big political risk, and you can squander whatever political power/influence you have if you decide to veto a very popular measure

Veto Message – a detailed explanation of why the Pres vetoed the bill

After Congress passes the bill, it always gets sent to the President to be signed. He has a few options:

a. sign it – it immediately becomes law

b. don’t sign it for 10 days – automatically becomes law

c. Reject the bill (veto) and state his objections. Congress can then change the bill and resubmit it OR can override the veto (needs 2/3 approval in both Houses) Only 7% of all presidential vetoes have ever been overridden – usually only happens to deeply unpopular presidents (Andrew Johnson)

d. Other option – pocket veto. At the end of the legislative calendar, if there are less than 10 days when Congress is still in session, Pres can choose not to sign it, and it expires (pocket veto)

W has issued no veto in his first term – actually went five years before vetoing a bill. First veto – stem cell research bill

Line-Item Veto

A matter of real contention in the Clinton years

Power of executive to veto individual lines or terms of a piece of the bill without vetoing the entire bill

Reagan used it first

Then, Congress passed the Line Item Veto Act in 1996 (prohibited use of it)

Think of this of wrestling between the legislature and the executive

Clinton signed the bill into law, then attempted to use the LIV in 1997. (Military construction projects). Congress tried to rescind the vetoes, also challenged in the Supreme Court. Exec branch argued it was an unlawful attempt to control the activities of the executive branch. SC agreed, overturned LIV Act.

Other Presidential Powers

All these powers we’ve discussed are Constitutional Powers

But they also have Statutory Powers – powers created by Congress for the President

Ex: Before passage of Patriot Act, pres. Did not have power to willfully incarcerate people and suspend habeas corpus, but after passage of bill, Congress granted him that power

Expressed Powers – include the statutory and constitutional powers (because they are written directly in the Constitution)

Inherent Powers – a very loose interpretation of the “executive powers” mentioned in the Constitution – defined through practice and custom, not express law

Ex: FDR used inherent power to intern Japanese-Americans during WWII

President as Party Chief and Superpolitician

First – he is the chief of his Party

Sets the legislative tone, and also is able to appoint people within his party to government or public service jobs

Now – his power is in fundraising and stumping for candidates

Constituencies and Public Approval

Presidents always have their “ear to the ground” – want to make sure they’re courting the public’s favor

Responsible to: citizens of the US, their party, members of the opposing party who hold the key votes to Pres’ legislative programs.

Washington Community – individuals in DC

Bush and the Opinion Polls

Bush did not have a standard segue into office – remember the official declaration of his Presidential victory took 2 months and a Supreme Court decision

After he was named, still a very deep split within the country – really constrained his public image

Then, his unilateral foreign policy also threatened to divide the country further

Then – 9/11. Bush really showed his mettle, managed to reach the highest popularity ratings ever. Then, he’s been in a decline ever since

Going Public – as technologies have changed and mass communications became ever more accessible, presidents have taken the opportunity to speak directly to the public. A few reasons:

Presidents, unlike Senators or Representatives, have the unique ability to directly address the entire nation with that level of authority. They use the opportunity to convince the populace that their programs are the right way, and gain popular support for them , which is helpful in defeating opposing camps within Washington

Examples – FDR’s fireside chats, special televised presidential messages

Special Uses of Pres Power

Emergency powers, executive orders, executive privilege

Emergency Powers – can only be exercised in times of national crisis. First used by FDR to prevent ships selling warfare to two warring South American nations. SC upheld it, saying the national government has primacy in foreign affairs

Lincoln declared martial law during Civil War

Executive Orders

Rule/regulation issued by Pres that has the effect of law

Can implement statutes already passed by Congress

Forceful execution of acts already passed by congress

Ex: Emancipation Proclamation, Truman’s desegregation of the Armed Forces

Executive Privilege

Right of president/presidential aides to withhold information from Congress, or refuse to testify in congressional inquiries

Done ostensibly to protect “national security” – but usually just to protect officials

For example – Cheney invoked Executive Privilege so he would not have to testify about his role in the Energy Policy Task Force/California Brownouts

Limiting Executive Privilege

Started to hear more about it after Watergate

Nixon refused to hand over the tapes, invoked exec privilege

In US vs Nixon, SC ruled that he had to turn over the tapes, which led to his resignation (rather than being impeached, which was almost a certainty)

Clinton and Exec Privilege

Monica Lewinsky mess – aides were summoned to testify, went through several rounds of court before it was determined that they had to testify in court

Abuse of Power/Impeachment

How many presidents have been impeached?

How many have been convicted?

First, a president must be charged with willfully violating the office and abusing its powers (House responsibility). Then, there is an extensive inquiry conducted by the Senate.

Executive Organization

Recognize that the president’s job is a HUGE task, and he needs help, advisors, secretaries, etc.

Watch West Wing – you’ll see what really goes into it.

White House staff – usually around 600

About 300 have direct access to the president – usually worked with him on his campaign, are always looking towards re-election

President has a Cabinet (which we discussed)

President may enlist the advice of others as well – advisor to the UN (John Bolton), director of OMB, VP at times

Kitchen cabinet – originated with Andrew Jackson (a populist who rejected formal offices and stuffiness)

Usually refers to the people the president trusts the most – in Bush’s case, Karl Rove would have been a key member of his kitchen cabinet

Presidents and their Cabinets

Constitution does not explicitly discuss cabinets, and nowhere is it formally written. So the pres’ relationships with his cabinets are entirely up to them. Sometimes they consult them extensively. Other times, they do not consult them to coordinate policy (they’ll meet with Secretaries individually, if at all).

Executive Office of the President

Created by FDR after a Senate Committee suggested that a support staff for Pres be created

Consists of 1800 staff members who work in the West Wing

Chief of Staff, Deputy Chief of Staff, WH Chief of Communications (speechwriting/PR), Press Secretary, etc.

Who’s WH Chief of Staff now?

White House Office – personal office of the president

Chief of Staff – directs the WH office and advises the president on domestic and legislative matters (and sometimes, on foreign affairs)

Staff is enormously powerful – have direct access to the president and any legislative positions/foreign heads of state, help the President arrive at crucial decisions

Critics claim the staffs are too powerful, and are usurping the power of actual elected officials

Discuss OMB

Office of Management and Budget – part of the EOP. Director creates the annual budget (huge job), which will be presented to Congress in January

All agency budgets must be submitted to the OMB

Some have questioned how powerful the OMB is in making financial decisions, saying its power really lies in blocking legislative proposals by agencies

National Security Agency - advises president on national security

Coordinates policy on national security issues

Headed by a National Security advisor and staffed with high-ranking officials from military, intelligence, diplomacy, law enforcement

Advises on security and foreign policy

Chaired by the President, but includes: the VP, Secretary of State, Sec. of Treasury, Sec. of Defense, and National Security Advisor (was Condoleezza Rice before becoming Sec. of State)

NSC staff runs the famous Situation Room

The Vice Presidency

Presides over the Senate – but this is largely a ceremonial job (in the rare instance of a tie, VP can vote to break it)

VPs are usually chosen to balance the presidential ticket, and appeal to the greatest number of voters (if Pres from North, VP from South, etc)

Bush picked Cheney because he had extensive DC experience, which Bush didn’t

Kerry picked Edwards because Edwards was young, articulate, and from the South

Supporting the President – VPs never come out to directly criticize their president. They’re supposed to assist the Pres in achieving legislative victory (tweaking/convincing Congresspeople to vote for Pres’ program), or shoring up presidential support throughout US and abroad

Gore – also carved out a niche for himself in his forthright support of environmental reforms and policies

VP is often seen as a way to secure the presidency (former VPs who became Pres include Richard Nixon, George H.W. Bush)

If Pres dies, VP will succeed him. 8 times, this has been done. Happened first to John Tyler (not Andrew Johnson, sorry), and there was a real question as to his legitimacy and whether he had the power to actually act as President

If a president dies but is incapacitated (unable to perform duties), Constitution isn’t very clear on this. Book points to James Garfield (shot, lived for 2.5 more months), but his VP (Chester A. Arthur). At the end of Wilson’s presidential term (1919), he had a serious stroke and was majorly incapacitated – his wife kept him out of view, especially from his VP, and it is conventionally understood that Edith Wilson carried out the function of president until the end of his term.

25^th Amendment – If a president cannot fulfill his duties, he must inform Congress in writing.

VP will then serve as “Acting President” until president can handle the job again

If Pres unable to communicate, a majority of the cabinet can tell Congress

VP will automatically serve as “Acting Pres” in that case

If it’s unsure whether or not the President should continue, there will be a vote in Congress

2002 – Bush conferred the title of “Acting President” to Cheney while he underwent a 20-minute colonoscopy

Was also used after Reagan was shot, but that was seen as more of an attempted grab of power by Alexander Haig (sec of state)

When VP becomes vacant – pres nominated a VP candidate who must be approved by the majority of both houses of Congress

Only happened once, to Nixon

Spiro T. Agnew – another one who was corrupt, was involved with illegal kickbacks and resigned

Replaced by Gerald Ford (was the Minority Leader of the House)

When Nixon resigned, Ford became president, and nominated Nelson Rockefeller as VP – first time in nation’s history neither pres nor vp had been elected

Unitary Executive Theory

Proponents of the theory argue that the President possesses all of the executive power and can therefore control subordinate officers and agencies of the executive branch. This implies that the power of Congress to remove executive agencies or officers from Presidential control is limited. Thus, under the unitary executive theory, independent agencies and counsels are unconstitutional to the extent that they exercise discretionary executive power, not controlled by the President

Discuss role of Ex-Presidents in policy

Also, discuss the real role of the President in policy – is it the most important level of governance, or does it just feel that way?

Many of the issues raised by President Truman’s seizure of the steel mills continue to be debated today,

particularly questions about Presidential powers to protect Americans during times of war. Most

recently after news reports in the New York Times, the Bush Administration has admitted it authorized

the National Security Agency to eavesdrop on suspected terrorists within the United States without

obtaining court approval.