American Politics | Presidency and the Executive

Administrative Procedures Act: The Administrative Procedures Act (Title 5, Chapter 5 of the United States Code) is the law under which U.S. government regulatory agencies create the rules and regulations necessary to implement and enforce major legislative acts. The act governs open meetings, open records, agency rules, hearings and rule-making procedures, agency orders and sanctions, and adjudication of disputes (see quasi-judicial).
bureaucracy: A system of administration (either public or private) characterized by specialization of functions, action according to fixed rules, and hierarchy of authority. Nonelective government officials are often referred to as "the bureaucracy."
cabinet: The President appoints the heads of the key agencies of the executive branch, who also serve as close advisors ("cabinet members") to the president. This authority is based on Article II, Section 2 of the Constitution, which says that the President "may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices." Cabinet officials are appointed by the president, with confirmation by the Senate. They may not be a member of Congress or hold other elected office. The President meets with his cabinet regularly, as well as conferring with the individual cabinet members. Congress and Presidents designate, by law, which officials hold Cabinet rank.
chief executive: Article II, Section 1 of the Constitution begins: "The executive power shall be vested in a President of the United States of America." Thus, as new executive entities are created, they serve under the President, in this constitutional role as Chief Executive.
chief of state: Article II of the Constitution states that the President "shall have power, by and with the advice and consent of the Senate, to make treaties.... and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls.... [H]e shall receive ambassadors and other public ministers." This language empowers the president to serve as the Chief of the State (i.e., the nation), representing the nation in its relations with other nation states.
commander in chief: Article II of the Constitution states that "the President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States." However, Congress is given the power to declare war and to support the armed forces.
electoral college: Article II of the Constitution creates the Presidency, then specifies the method for selecting a President. Each state appoints "a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress." Electors meet in each state and cast ballots for President and Vice President and send those ballots to Congress to be counted. Collectively, the electors are known as the "electoral college," though they never actually meet together.
executive agreement: An agreement entered into by the President and another nation, under presidential authority as chief executive, chief of state, and sometimes, by express authorization from Congress. An executive agreement is binding, though it is not submitted to the Senate as a formal treaty. Congress may be called on to fund or pass implementing legislation for executive agreements.
executive order: An order from the President, as Chief Executive, to a federal agency or agencies to authorize or prohibit a specified action. An executive order may be a simple, routine exercise of authority, or it may be a far-reaching policy that challenges congressional control of policy.
executive privilege: Presidents from George Washington forward have claimed that the constitutional principle of separation of powers implies that the Executive Branch has a privilege to deny requests from the other branches for information. The Supreme Court has upheld this executive privilege, though with potential restraints from their power of judicial review.
imperial presidency: Harvard professor of history Arthur Schlesinger, Jr. wrote about Franklin Roosevelt's long and assertive presidency, then served in the John Kennedy's White House. He then observed the LBJ and Nixon presidencies and, in 1973, wrote The Imperial Presidency describing an American presidency that has come to dominate the political landscape in the United States as well as the international stage, with powers rivaling those of empire builders.
implementation: Action to put into effect or execute a policy, chiefly the role of the executive branch of government.
independent regulatory commission: A multi-member policy making and regulatory body of the government that is independent from the President and Congress in that its members serve staggered, fixed-length terms, so that the President cannot appoint a majority of its members at the same time. The rationale for independent regulatory commissions and agencies is to insulate regulation of economic activity from the political needs of elected officials.
institutionalization: The Constitution creates a single-person presidency. Yet over more than 200 years, institutions have grown up within the presidency, with a large White House staff and offices created by and serving the president (e.g., see Office of Management and Budget).
Office of Management and Budget: The Office of Management and Budget (OMB) is one of nearly 20 entities in the Executive Office of the President. OMB serves as the institutional tool that the President uses as Chief Executive to run the executive branch. It prepares the president's budget proposal executive branch agencies and reviews agencies' proposed rules and regulations.
pardon: Article II, Section 2 of the Constitution says that the President "shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment." A pardon is a legal release from the penalty or punishment of a violation of the law. It can serve as a check on the power of the judiciary, to lessen an outcome that is seen as unjust. It has also been used in ways that may trigger criticism of the President for reducing punishments of convicted criminals.
quasi-judicial: Executive agencies that rule on infractions of the law they administer are said to be quasi-judicial agencies. They have a partly judicial character by holding hearings on and conducting investigations into disputed claims and infractions of agency rules and regulations, then making decisions in the general manner of the judicial branch (i.e., with claims of wrongdoing, liability, and penalties).
rules and regulations: Executive agencies write rules prescribing how they will conduct business. Agencies that have authority and responsibility for regulating private actions also write regulations imposing legal restrictions and requirements on private entities.
State of the Union: Article II, Section 3 of the Constitution states that the President "shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient." By tradition, the President delivers this "State of the Union" message to Congress annually. In modern times, the speech is a televised spectacle, with grand pomp and circumstance.
veto: The President's constitutional power to reject legislation passed by Congress, nullifying it.
Vice President: The elected official next in line to succeed the President should the President die, be disabled, or resign the office. The constitutional responsibilities for the Vice President are to serve as the president of the Senate, with a vote only in the case of a tie. Modern presidents often assign policy and political duties to the vice president as well.

Presidency and the Executive » Glossary