Executive Branch Politics - Department of Political Science

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PPPA 2117/PSC 2217(sec 80)

M-W 8:00-9:15 am

PPPA 2117 (sec 10)

M-W 12:45-2:00 pm

Executive Branch Politics

Fall 2013

Dr. Catherine Collins (collins2@gwu.edu)

Office: Rm. 614 Media and Public Affairs

202 994-5170

Office hours: W4-5, F 3-4, by appointment

Course Description

This course provides a basic understanding of the role, structure, and functions of the U.S. Executive

Branch. The course is in three parts: The first part reviews the historic foundation within which the executive branch operates. The second part deals with the complex structure of the president and the organizations that comprise the bureaucracy. Part three delves into the relationship between powers of the presidency and bureaucracy in implementing laws and Congress in making them and overseeing their execution.

Current events offer an opportunity to demonstrate the role bureaucracy plays and the interaction with

Congress and state and local governments. Throughout the semester, we will use several examples to provide some realism to otherwise abstract and technical details. You are encouraged to bring such examples and questions to class to enhance our discussion. So as not to be reliant on the vagaries of current events, I have selected Environmental Protection Agency’s Stormwater Program. This program was selected because it is pretty focused which makes it easier to demonstrate some of the concepts that we will be discussing over the course of the semester.

The purpose of the course is to understand the interconnections between the enactment of a federal law and its implementation. We will not be evaluating the pros or cons of specific policies, rather the issues the executive branch faces in carrying out laws.

By the end of the semester you should be able to:

 construct arguments about the powers available to the president and bureaucracy to effectuate policy decisions;

 analyze the different mechanism available for implementing federal legislation;

 understand the evolution of the federal-state arrangement and the implications for carrying out and monitoring federal programs.

Course Materials

Most of the readings are from the assigned text book (available in the Bookstore), The Executive Branch edited by Joel D. Aberbach and Mark A. Peterson, Oxford Press. Additional readings will be posted on

Blackboard.

Grading

Class participation 15%

Early exam 10%

Midterm exam 25%

Research project 25%

Final Exam 25%

Participation

Class participation is critical, so you need to come to class prepared. You will be expected to come to class having read the assignments and being ready to discuss them. If you have questions about the lectures and don’t want to ask them in class either email me or make an appointment to see me.

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Research project

A research project, between 5 to 10 pages, (double-spaced) will be due on Wednesday November13, 5 p.m.

Additional details about this assignment will be discussed during the second week of classes. Late papers will be accepted, but with a penalty of a grade a day. (B+ paper a day late becomes a B paper, two days late, B-, etc.) As this is a research project, you are expected to use outside references and appropriate citations, using any acceptable style.

Exams

There are three exams, an early one, a midterm and a take-home final exam. Each exam is cumulative and will cover both classroom discussions and the readings. The exams will consist of short answer and essay questions. As of now, the early exam and midterm will be in class exams, closed books. The final exam will be take home, available after the last class on Blackboard and I do not anticipate any additional tests, but reserve the right to have unannounced quizzes if I sense that the reading is not being done. If given, the grades will be factored into your class participation grade.

The Take Home Final will be available on Blackborad by noon on Tuesday December 3. Your exam is to be returned to me NO LATER than Wednesday December 11 at 5 pm. You may drop your exam off at my office or email it to me at collins2@gwu.edu

.

University Class Policies

University Policy on Religious Holidays:

1. Students should notify faculty during the first week of the semester of their intention to be absent from class on their day(s) of religious observance;

2. Faculty should extend to these students the courtesy of absence without penalty on such occasions, including permission to make up examinations;

Academic Integrity

I personally support the GW Code of Academic Integrity. It states: “Academic dishonesty is defined as cheating of any kind, including misrepresenting one's own work, taking credit for the work of others without crediting them and without appropriate authorization, and the fabrication of information.” For the remainder of the code, see: http://www.gwu.edu/~ntegrity/code.html

Support for Students Outside the Classroom

Disability Support Services (DSS)

Any student who may need an accommodation based on the potential impact of a disability should contact the Disability Support Services office at 202-994-8250 in the Marvin Center, Suite 242, to establish eligibility and to coordinate reasonable accommodations. For additional information please refer to: http://gwired.gwu.edu/dss/

University Counseling Center (UCC) 202-994-5300 http://gwired.gwu.edu/counsel/CounselingServices/AcademicSupportServices

The University Counseling Center (UCC) offers 24/7 assistance and referral to address students' personal, social, career, and study skills problems. Services for students include:

 crisis and emergency mental health consultations;

 confidential assessment, counseling services (individual and small group), and referrals.

Security

In the case of an emergency, if at all possible, the class should shelter in place. If the building that the class is in is affected, follow the evacuation procedures for the building. After evacuation, seek shelter at a predetermined rendezvous location.

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Class Schedule and Assignments

Class 1: August 26 Introductions and Course Outline

Part I: American Context of Executive Branch

Class 2: August 28 Why do we have government?

Why are governments needed? What is the “public good”? How are government policies carried out?

Assignment:

 Michael Mintrom “What Governments Do” Chapter 2 in Contemporary Policy Analysis Oxford Press,

2012

September 2 No Class

Class 3: September 4 Constitutional Structure

Why did the Founders separate the executive from the legislative branch of government? What role does the Constitution provide for state and local governments?

Assignment:

U.S. Constitution and all amendments. There are a number of places to find the Constitution. Or you might want to get your own copy http://www.archives.gov/exhibits/charters/print_friendly.html?page=constitution_transcript_content.ht

ml&title=The%20Constitution%20of%20the%20United%20States%3A%20A%20Transcription http://www.archives.gov/exhibits/charters/bill_of_rights.html

http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html

Publius (Madison) Federalist Paper 47 “The Particular Structure of the New Government and the

Distribution of Power Among Its Different Parts”

Publius (Madison) Federalist Paper 48 “The Departments Should Not Be So Far Separated as to Have

No Constitutional Control Over Each Other”

Publius (Hamilton). Federalist Paper 70

“The Executive Department Further Considered,” accessed: http://thomas.loc.gov/home/histdox/fedpapers.html

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Class 4: September 9 Context of Executive Branch Providing Government Services

What are some of the critical differences in terms of the role and makeup of the bureaucracy and executive branch under different systems? How does the unique form of government in the United

States complicate the president’s ability to set the agenda and carry out programs?

Assignment:

 Richard Ross “Giving Direction to Government in Comparative Perspective.” Chapter 3

Class 5: September 11 Federalism

Why is Federalism important? What is the role of the states in carrying out federal policies?

What does it mean for bureaucracies?

Assignment:

Federalist No. 46 The Influence of the State and Federal Governments http://thomas.loc.gov/home/histdox/fed_46.html

Thomas Gais and James Fossett “Federalism and the Executive Branch” Chapter 15

Congressional Budget Office Federal Grants to State and Local Governments March 2013

( http://www.cbo.gov/sites/default/files/cbofiles/attachments/43967_FederalGrants.pdf

)

The Council of State 2007 Governments Issue Brief State Responses to Federalism

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Class 6: September 16 Early Exam

Part II Structure of the Bureaucracy

Class 7: September 18 Federal Action for Clean Water

What are the policy issues surrounding water infrastructure? How has the federal role changed since the federal Water Pollution Control Act passed in 1948?

Assignment:

Claudia Copeland and Mary Tiemann Water Infrastructure Needs and Investment: Review and analysis of Key Issues CRS Report to Congress RL31116 December 2010

(http://www.fas.org/sgp/crs/homesec/RL31116.pdf)

Class 8: September 23 The Executive Branch and the President

What are the paradoxes of the presidency? How does the president exert control over the bureaucracy?

Assignment:

 Scott C. James “The Evolution of the Presidency: Between the Promise and the Fear” Chapter 1

David Rosenbloom. 1983 “Public Administration Theory and Separation of Power,” Public

Administrative Review 43 (3): 219-227.

Class 9: September 23 Overview of Bureaucracy

What is the bureaucracy? What are the concepts of public management? Who are the bureaucrats?

What are the implications of the bureaucracy on carrying out public policy?

Assignment:

Colin Campbell “The Complex Organization of the Executive Branch: The Legacies of Competing

Approaches to Administration.” Chapter 8.

Presidential Appointments General Accountability Office March 1, 2013

Class 10: September 30 Executive Office of the President

What is the role of Executive Office of the President? What are the implications for policy development?

Assignment:

Matthew Dickinson “The Executive Office of the President: The Paradox of Politicization,”

Chapter 5

 David E. Lewis. 2005 “Staffing Alone: Unilateral Action and the Politicization of the Executive

Office of the President, 1988-2004,” Presidential Studies Quarterly 35(3) 496-514 (don’t worry too much about the model)

Class 11: October 2 The Executive Branch: The Cabinet, Agencies, and Regulatory Agencies

What comprises the Cabinet? What is the function of a Cabinet secretary? Why do presidents reorganize their cabinets?

Assignment:

Daniel Carpenter “The Evolution of National Bureaucracy in the United State,” Chapter 2

 Ronald C. Moe. 2001 The President’s Reorganization Authority: Review and Analysis CRS

Report to Congress RL30876

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Class12: October 7 Presidential Budgets

“ The beauty of the federal budget is that no one understands it” Josh, The West Wing.

Assignment:

Allen Schick 2007 Chapter 5 The Presidential Budget. The Federal Budget, Politics, Policy,

Process The Brookings Institution

OMB Budget Message Fiscal Year 2013

OMB Budget Message Fiscal Year 2014

Class 13: October 9 Unilateral Actions

Presidents have taken unilateral actions to exert executive power over Congress and the bureaucracy. What are the actions the president can take? How effective are these actions?

What issues are raised by such actions?

Assignment:

Eisenhower Veto of Bill To Amend the Federal Water Pollution Control Act

Obama Executive Order 13508 Chesapeake Bay Protection and Restoration

Department of Justice, The Legal Significance of Presidential Signing Statements, November 3,

1993

Department of Justice, Presidential Signing Statements, Statement Before the House Committee on the Judiciary, January 31, 2007

Class 14: October 14 Mid-term exam

Part III Power of the President

Class 15: October 16 Power of the Bureaucracy

What is the difference between executive and bureaucracy? Who is really in charge of the bureaucracy? What are the impediments for controlling the bureaucracy that both Congress and the President face? What are the implications for governing?

Assignment:

Barry Weingast. “Caught in the Middle: The President, Congress, And the Political-Bureaucratic

System,” Chapter 10

Class 16: October 21 Congress and the Executive Branch

How do the two branches interact? What are the implications for the bureaucracy?

Assignment:

Andrew Rudalevige, “The Executive Branch and the Legislative Process,” Chapter 13

Class 17: October 23 Congressional Oversight, Authorization and Appropriation

What powers does Congress have to hold the executive branch accountable for implementing legislation?

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Assignment:

Walter Oleszek. 2010. “Congressional Oversight: An Overview,” CRS Report for Congress

RL32240. February 22, 2010.

Allen Schick. 2007. Chapter 8, Authorizing Legislation. The Federal Budget, Politics, Policy,

Process. The Brookings Institution

A. Christopher Bryant. 2007-2008 “Presidential Signing Statements and Congressional Oversight”

William and Mary Bill of Rights Journal 16 169-182

Class 18: October 28 Senate Advice and Consent

What are the implications for the President and bureaucracy if the Senate delays appointments?

How has the process changed in recent Congressional sessions? What are the appointments that no longer require Senate approval?

Assignment:

Brian C. Kalt. “Politics and the Federal Appointment Process” Harvard Law & Policy Review

April 5, 2011

Maeve P. Carey. 2012 Presidential Appointments, the Senate’s Confirmation Process, and

Changes Made in the 112 th Congress CRS Report for Congress R41872

GAO 2013 Characteristics of Presidential Appointments that do not Require Senate Confirmation http://www.gao.gov/assets/660/652573.pdf

(don’t need to read the appendix

Class 19: October 30 Legislative Options and Impact on How Bureaucracy Implements

What can and does Congress put in legislation that either frees or ties up the bureaucracy?

Assignment:

Natalie Keegan. 2012 Federal Grants-in-Aid Administration: A Primer CRS Report for Congress

R42769

 Timothy J. Conlan. 1984 “The Politics of Federal Block Grants: From Nixon to Reagan” Political

Science Quarterly 99(2) 247-270

Class 20: November 4 Congressional Strings for Managing Policies

How have federal programs changed? What are the implications of the changes in Clean Water

Act for the bureaucracy? How has the relationship between the states and the federal government changed over the years?

Assignment:

Claudia Copeland 2010 Clean Water Act: A Summary of the Law CRS Report for Congress

RL30030

CQ Researcher. 2000 Water Quality: Are the government’s new pollution rules fair?

Clean Water Act Section 402(p) Municipal and Industrial stormwater discharges

EPA 2012 Integrated Municipal Stormwater and Wastewater Planning Approach Framework

Claudia Copeland. 2013 Green Infrastructure and Issues in Managing Urban Stormwater CRS

Report for Congress R43131

Class 21: November 6 Administrative Rulemaking

Why are regulations a basic tool that the bureaucracy uses to carry out programs and policies?

What are both presidential and Congressional procedures that must be followed?

Assignment:

Curtis W. Copeland. 2011. The Federal Rulemaking Process: An Overview CRS Report for

Congress RL32240 .

Office of Information and Regulatory Affairs, Regulations and the Rulemaking Process

EPA Notice 2009 EPA-HQ-OW-2009-0817

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Class 22: November 11 Who Comments?

Why are comments important to the bureaucracy? How are the comments used? Be prepared to discuss the comments made to EPA-HQ-OW-2009-0817

Assignment:

Steven Balla. 2004. “Between Commenting and Negotiation: The Contours of Public

Participation in Agency Rulemaking,” I/S: A Journal of Law and Policy 1 (1): 59-94.

Susan Webb Yackee. 2005. “Sweet-Talking the Fourth Branch: The Influence of Interest Group

Comments on Federal Agency Rulemaking,” Journal of Public Administration Research 16: 103-

124.

NOVEMBER 13 PROJECTS DUE 5 p.m

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Class 23: November 13 Accountability: Government Performance

Who is the bureaucracy is accountable to? How do bureaucracies evaluate their activities?

Assignment:

 GAO, 2012. Managing for Results: GAO’s Work Related to the Interim Crosscutting Priority

Goals under the GPRA Modernization Act. GAO-12-620R: Crosscutting Priority Goals.

GAO. 2011. Competitive Grant Programs Could Benefit from Increased Performance Focus and

Better Documentation of Key Decisions Report to Congressional Requesters GAO-11-234.

(especially pp. 1-31)

Class 24: November 18 Evaluating the Effectiveness of Federal Programs

How are grant programs evaluated? How are regulatory actions compared?

Assignment:

GAO 2011 Report to Congressional Requesters Surface Transportation Competitive Grant

Programs Could Benefit from Increased Performance Focus and Better Documentation of Key

Decisions GAO11-234

 GAO 2009 Testimony Clean Water Act Longstanding Issues Impact of EPA’s and States’

Enforcement Efforts

Class 25: November 20 Action Plans and Progress Reports: Chesapeake Bay

How do the goals relate to outcomes and milestones? How successful has the Federal Leadership

Committee been? How would you evaluate the success of the Federal Leadership Committee?

Assignment:

Strategy for Protecting and Restoring the Chesapeake Bay Draft Chesapeake Bay Strategy Goals

Framework March 2010

Federal Leadership Committee for the Chesapeake Bay Action Plan FY2012 March 2012

Federal Leadership Committee for the Chesapeake Bay Action Plan FY 2013 December 2012

Federal Leadership Committee for the Chesapeake Bay Progress Report FY 2012March 2013

Class 26: November 25 Reform

Assignment:

Joel D. Aberbach and Mark A. Peterson. Control and Accountability: Dilemmas of the Executive

Branch Chapter 16

November 27 No Class

Class 27: December 2 Review

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