I Congress Organizes The Executive Branch 1 The president and Congress share in the responsibilities for the executive branch the Chapter 11 Congress And Its Members 2 The Constitution requires the president to implement the laws and by implication it empowers him to manage the executive branch 3 Congress is authorized to organize and fund the executive branch by way of the bureaucracy Constitution 4 Congress can enact statutes that establish or abolish executive agencies and departments make them reorganize themselves establish an outside commission to recommend how they could be merged or abolished 5 Congress can make the president reorganize on his own initiative or to propose reorganization plans that will then be subject to some form of congressional review A Senate Conformation of Presidential Appointees 1 Article II Section 2 is for the advice and consent of high level federal appointees by the Senate 2 Senators use the confirmation power to influence the executive branch 3 Presidents have three ways to avoid the Senate s advice and consent role a Article II Section 2 allows the president to fill vacancies during the recess of the Senate recess appointments b Can name individuals on a temporary basis to fill vacancies c Many information positions are subject to confirmation by the Senate 4 Noel Canning v Nation Labor Relations Board limited the president s recess authority to 5 Czars oversee and coordinate the forming of policies that involve the jurisdiction of intersession periods several departments and agencies 6 The process of advice and consent have became a much longer and in depth process as the personal lives of appointees are examined thoroughly this causes many problems for both parties It takes longer to fill full time cabinet and agency positions a b Expanding the bureaucracy raises concerns of public accountability c Senate s confirmation process can be mean and nasty in periods of polarized politics 7 Ideological groups may organize attack campaigns to defeat nominees who appear unsupportive of their agendas Individual senators may threaten filibusters on nominees they do not like 8 9 Senatorial courtesy means the Senate will usually delay or not act on nominees for offices in a state if opposed by a senator of the president s party from that state B The Personnel System system 1 Congress has constitutional legal and informal authority over the federal personnel 2 After the assassination of President Garfield in 1881 Congress curved the use of spoils system federal jobs to party supporter and then in 1883 passed legislation for merit based patronage 3 Post Katrina Emergency Management Reform Act of 2006 requires that nominees for the head of FEMA must meet specific qualifications 4 Congress can establish retirement programs special requirements for holding office personnel ceiling employee performance standards wages benefits and cost of living adjustments and protection for whistleblowers 5 After leaving public office many people step through the revolving door in to private sector jobs dealing with the government still 6 There is must disagreement on how the size of the government should be measured GDP the federal budget the number of federal employees 7 How can the government perform services and keep its size down a Much of what the federal government does is to transfer money such as Social Security II b Outsourced to contract firms or privatized 8 Outsourcing has many advantages contractors can be faster more flexible and cheaper provide services technological skills intelligence capabilities and other benefits that government agencies cannot fulfill 9 Outsourcing raises questions of accountability C The Rulemaking Process 1 Congress creates and funds executive agencies and defines their legal mandates 2 Congress grants agencies their inherent legislative authority to make rules and regulations 3 Executive agencies through their rule writing authority enact more laws than the 4 Congressional Review Act allows Congress to nullify unwanted regulations promulgated 5 Disapproval resolutions signal regulatory agencies that Congress is keeping a close eye legislative branch by executive agencies on them 6 Administrative Procedure Act of 1946 allows Congress to establish standards for rulemaking by government agencies which also requires agencies to publish regulations in the Federal Register 7 Office of Information and Regulatory Affairs OIRA can reject major rules require their revision or approve them in line with the president s priorities 8 Proposed rules and regulations are usually subject to cost benefit review 9 A challenge of proposed rules is to distinguish between inflexible pointless or overly burdensome and costly regulations and the beneficial regulations that necessary to protect the health and safety of the public 10 Problem of constituents are handled by caseworkers Congressional Control Of The Bureaucracy 1 Since no law can cover every possible situation Congress allows executive officials wide discretion in implementing the laws 2 The Legislative Reorganization Act of 1946 directed all House and Senate committees to exercise continuous watchfulness over the programs and agencies under their jurisdiction 3 The Government Accountability Office GAO is the chief investigative arm of the legislative branch 4 The purpose of oversight is a To check the power of the executive branch b Determine how laws are being implemented and whether they need adjustments c To shine the spotlight of public attention on significant executive actions and and refinements activities 5 Political purposes are served by oversight too generating favorable publicity for programs elimination or reductions of agencies responding to special interests to influence agency decisions or winning electoral support D Hearings and Investigations 1 Make government accountable to the people 2 Clarify whether new laws are needed to address public problems E Congressional Vetoes 1 Congress has historically control agencies by legislative vetoes a statutory enactment that permits presidents or agencies to take certain actions subject to later approval or disapproval by one or both houses 2 Executives gain decision making authority they might not have otherwise and Congress retains a second chance to examine decisions F Nonstatutory Controls 1 Congressional committees use informal means to review and influence administrative decisions phone calls letters hearings and floor debates G 2