We first reviewed how agencies are a part of the executive branch followed by a discussion on how the executive and the Congress can constrain the agencies. We first discussed how agency heads are appointed by the president subject to Senate confirmation. Matthew discussed how this impacts presidential discretion. I then addressed how Congress can check agency power through the appropriation process and through oversight .Next,we studied a graph depicting what is known as the "iron triangle". Matthew worked on analyzing the issues raised by the symbiotic relationship between regulated industries, interest groups, and Congress. Last, we discussed the definition of "red tape" on why one person's red tape is another's source of protection.
During the first half of the session, Matthew completed the essay portion of the test on the executive branch. We then began our study of the federal bureaucracy. I addressed how the federal agencies are in effect an adjunct of the executive departments and briefly outlined the functions of the known agencies such as the TSA, the IRS, and the FBI. We began to explore historical circumstances that led to the growth of the federal bureaucracy and Congressional checks on the bureaucracy . Last, Matthew studied and addressed 4 quantitative graphs reflecting the growth of the bureaucracy and the anomaly of the decrease in the number of federal employees notwithstanding the increase in regulation and spending.
We addressed Hamilton's argument in Federalist #70 that the executive must be unitary and strong .From there I discussed ways strong presidential power can be checked such as impeachment and through Congressional oversight such as is now occurring in Congress' January 6 Committee. Matthew raised the critical question as to what an oversight committee might achieve and we discussed various statutes Congress can enact in response to its investigations as well Congress' option to refer a matter to the Justice Department for criminal prosecution. Last, we addressed presidential succession as provided in the 25th Amendment and the Succession Act.
After reviewing Matthew's current event analysis , we segued into a discussion on the use of executive orders in the immigration context. In the context of implied powers, I then elaborated on the use and meaning of executive privilege using the dispute over classified documents held by former president as an example of the assertion of this implied power. We then discussed US v Nixon and the scope of the privilege . Last, I addressed vetoes, pocket vetoes , and the use of signing statements.
We first discussed and outlined the explicit powers of the president under Art II, and then, focusing on the vague language of Art II ,explored the implied powers of the office. In this regard, we noted the wide use of executive orders to accomplish policy where Congress blocks a presidential initiative.. I discussed court challenges to the overuse of executive orders. Further,we noted the use of checks and balances in the Senate's ability to fail to confirm presidential appointments ,most notably judicial appointments. Matthew offered interesting. comments on the impact of presidential statements to the press even in areas where the president may not have much control such as the economy.
We studied 3 US Supreme Court cases that adjudicated when redistricting by state legislatures violated the 14th Amendment's equal protection clause. In this session we addressed the germination of the "one-man,one-vote" rule , as well as the federal courts' hesitancy to exercise jurisdiction in "purely political " disputes. We further discussed racial and partisan gerrymandering and the role of the state court system in redressing politically motivated gerrymandering .
