Essay_ Executive and Bureaucracy

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Running Header: Executive and Bureaucracy 1 Essay: Executive and Bureaucracy Keriann Lekoski School of Education, Liberty University Authors Note Keriann Lekoski I have no known conflict of interest to disclose. Correspondence concerning this article should be addressed to Keriann Lekoski Email: klekoski@liberty.edu

Running Header: Executive and Bureaucracy 2 There are a variety of different ways that the president holds influence over the outcome of policies that are proposed. One of these ways is done through signing statements. At times, some of these signing statements are made, even though the bill in question may contain some constitutional concerns. We have seen this in a few of the statements that both presidents George W. Bush and Barack Obama have issued. Then there is the Bureaucracy who also holds a large amount of influence and power over the outcome of proposed bills as well. Some may even claim that they hold “too much” power. The Presidency Signing statements are rendered when the President wishes to make a public comment about a bill that they have just signed into law. It is most commonly used as a congratulatory statement for the President to express their content of signing a new bill into office. This is not always the case though. Sometimes these statements are used for the President to express their stance on any constitutional concerns they might have with the bill that they have just signed. For the first 150 years or so in which the Republic had existed, it was not common for signing statements to be used. It wasn’t until the second half of the twentieth century that the usage of them was increased along with their importance. There have been several instances where a President has made a threat to sign a bill, but ignore a suggested provision. It is uncommon for them to follow through with said threat though. (Kernell et al., 2022) During his term, President George W. Bush released a total of 171 signing statements. Out of those 171 statements, 127 of them posed constitutional issues. One instance in which this is seen is in Bush’s statement regarding the “Enhanced Border Security and Visa Entry Reform Act of 2002”. One of the concerns that are mentioned pertains to Section 203, which looks at the appointment of members to the Interoperable Data Sharing Commission, and conflicts with the

Running Header: Executive and Bureaucracy 3 Appointments Clause of the Constitution. In an attempt to resolve this conflict, the Executive Branch will consider the actions of the Commission as a recommended action to be taken. In a similar fashion, the executive branch will interpret that it is the Commission's responsibility to make recommendations to Congress in a manner that aligns with the President's constitutional authority to submit such measures as necessary and expedient. measures for consideration. Another concern is noted in Section 404(a) which concerns the U.S.-Canadian joint border inspection operations. It is to be interpreted in a way that aligns with the President's constitutional authority to manage affairs in other countries as well as overseeing the Executive Branch as a whole. (Bush, 2002a, May 14) We can also look at the "Foreign Relations Authorization Act, Fiscal Year 2003." A concern for this act pertains to Section 214, which concerns relations with Jerusalem. It interferes with the authority that the President holds in regards to foreign affairs and recognition of foreign countries. The U.S. policy regarding Jerusalem has remained unchanged. Another concern can be seen in Section 645, which requires the implementation of a law through a particular subordinate officer in the Department of Commerce. The Executive Branch will administer this clause while preserving the power the President has to direct the implementation of laws. (Bush, 2002b, Sept 30) Lastly, we see this in the "Consolidated Appropriations Act, 2004" as well. One concern for this act states that the executive branch will be required to interpret certain provisions of the Act as advisory rather than mandatory. These provisions include those that impose upon the Executive's management of foreign relations, limit the President's authority as Commander in Chief and or to supervise the entirety of the executive branch, and restrict the President's constitutional authority to make appointments. It also states that any clauses in the Act that

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Running Header: Executive and Bureaucracy 4 require information to be submitted to Congress or the public will be analyzed in line with the President's authority provided by the Constitution to conceal information that could hinder relationships with foreign countries, national security, and or keeping the performance of his duties. (Bush, 2004, Jan 23) The same can be said when reviewing a few of the signing statements that President Barack Obama had issued as well. One instance would be the "Omnibus Appropriations Act, 2009." We see this in section 7050, which restricts funds for the use of UN peacekeeping missions conducted by Armed Forces, under any orders that were given by a foreign country. This will not change unless the president's military advisers have recommended to do so. Certain aspects of this bill could end up hindering the president’s ability to enforce his constitutional authority to direct the Executive Branch on how to properly execute successful negotiations with foreign countries. (Obama, 2009, March 11) The "Consolidated Appropriations Act, 2012." contains several provisions that pose constitutional issues as well. This is noted when Obama states that some of the clauses mentioned in this bill could potentially impede the constitutional authority he has when it comes to things like national security or foreign relations. He also states that some of the clauses mentioned could prevent him from being able to watch over the Executive Branch or being refused assistance that may be necessary by senior advisors. (Obama, 2011, December 23) Lastly, unconstitutional issues have been talked about in the "National Defense Authorization Act for Fiscal Year 2013." The issues related to this act are similar to those that have been noted in the other acts previously mentioned. Obama states that some of the clauses that are listed may prohibit him from being able to watch over the executive branch or hold the proper authorities to deal with foreign affairs. There are actually quite a few similarities found

Running Header: Executive and Bureaucracy 5 throughout each act that is listed. All Acts express concerns about provisions that attempt to require the President to act in specific ways or under certain conditions, as it may infringe on the President's constitutional authority to oversee the Executive Branch and enforce laws. All Acts mention concerns about provisions that could interfere with the President's constitutional authority in foreign affairs, such as directing negotiations with foreign governments or international organizations. All Acts express concerns about provisions that may restrict the President's authority as Commander in Chief or to supervise the executive branch. (Obama, 2013, January 2) The term “going public” can be defined as “Presidents engaging in intensive public relations to promote themselves and their policies to the voters.” (Kernell et al., 2022) It can be considered a President's final attempt to persuade the public to support the President's interpretation of a law or policy goal. If they are able to gain the support of the public for a law or policy that they wish to pass, there is a good chance that they will be able to push it through Congress, despite any opposition they might have. It is a sly tactic for the President to use in order to potentially get what they want. Signing statements can be viewed as a means for the President to influence the interpretation and implementation of legislation without going through the traditional process of negotiation and compromise with Congress. This raises concerns about the separation of powers and checks and balances. (Kernell et al., 2022) A prime example of this is when Congress shut down President Willson’s proposal for his League of Nations peace treaty. Willson was adamant about getting it passed, so he presented it to the people, who held it in great favor. Congress was left with no other choice but to pass the treaty. (Kernell & Smith, 2019) From the perspective of a biblical worldview, Presidents should strive to be truthful and transparent in their intentions and interpretations of the law when using signing statements. As

Running Header: Executive and Bureaucracy 6 Proverbs 12:22 states, "The Lord detests lying lips, but he delights in people who are trustworthy." Signing statements should not be used to assert excessive power or evade accountability either. Biblical leaders are called to be humble and accountable to God and the people they serve. Proverbs 11:2 says, "When pride comes, then comes disgrace, but with the humble is wisdom." As is stated in Proverbs 19:20 advises, "Listen to advice and accept instruction, that you may gain wisdom in the future." Leaders should seek wise counsel and consider various perspectives before making important decisions, including the use of signing statements. The Bureaucracy The Bureaucracy is made up of “thousands upon thousands of federal employees, each an expert in a specialized job but needing to work in concert with others.” (Kernell et al., 2022) It wasn’t until after various issues had been faced during the time Jackson was in office and the reconstruction era that it was decided the president would be the one to control the Bureaucracy. The president is elected by the people, and is subject to the oversight of Congress and the judiciary. This system of checks and balances is designed to prevent any single entity from becoming too powerful and to ensure that decisions are made in the best interest of the nation. Though this may be true, the Bureaucracy does hold a vast amount of power. Without its existence, all forms of operation within the government would come to a halt as they are the ones to enforce laws and regulations. They hold just enough power to keep an equal balance. (Kernell et al., 2022) From a Biblical worldview, authority is seen as coming from God, and those in positions of authority are accountable to Him for how they exercise that authority. Romans 13:1-2 states, "Let everyone be subject to the governing authorities, for there is no authority except that which

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Running Header: Executive and Bureaucracy 7 God has established. The authorities that exist have been established by God. Consequently, whoever rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgment on themselves." From this perspective, the proper distribution of power should adhere to the principles of good governance, including checks and balances, accountability, and stewardship. It's important to ensure that no one group or individual becomes excessively powerful and that decisions are made with wisdom and justice. The presidency holds a vast amount of power keeping watching over the Executive Branch and dealing with foreign affairs. Though it is convenient for the public to hear about the new policies and laws that the President is putting out, it can be a bit of a danger as well if the President uses it to gain the public's favor on a policy that Congress opposes. The Bureaucracy holds a large amount of power as well, and is under the control of the President, who is kept in check by congress, creating an equal balance of power.

Running Header: Executive and Bureaucracy 8 References English Standard Version. (2016) Bush, G. W. (2002a, May 14). Statement on signing the Enhanced Border Security and Visa Entry Reform Act of 2002 . Statement on Signing the Enhanced Border Security and Visa Entry Reform Act of 2002 | The American Presidency Project. https://www.presidency.ucsb.edu/documents/statement-signing-the-enhanced-border-security- and-visa-entry-reform-act-2002 Bush, G. W. (2002b, September 30). Statement on signing the Foreign Relations Authorization Act, Fiscal Year 2003 . Statement on Signing the Foreign Relations Authorization Act, Fiscal Year 2003 | The American Presidency Project. https://www.presidency.ucsb.edu/documents/statement- signing-the-foreign-relations-authorization-act-fiscal-year-2003 Bush, G. W. (2004, January 23). Statement on signing the Consolidated Appropriations Act, 2004 . Statement on Signing the Consolidated Appropriations Act, 2004 | The American Presidency Project. https://www.presidency.ucsb.edu/documents/statement-signing-the- consolidated-appropriations-act-2004 Kernell, S., Jacobson, G. C., Kousser, T., Vavreck, L., & Johnson T. R. (2022). The Logic of American Politics (10thed.). Los Angeles: CQ Press. ISBN: 9781071815977 Kernell, S., & Smith, S. S. (2019). Principles and Practice of American Politics: Classic and Contemporary Readings (7th ed.). Los Angeles: CQ Press. ISBN: 9781506390475 Obama, B. (2009, March 11). Statement on signing the omnibus appropriations act, 2009 .

Running Header: Executive and Bureaucracy 9 Statement on Signing the Omnibus Appropriations Act, 2009 | The American Presidency Project. https://www.presidency.ucsb.edu/documents/statement-signing-the-omnibus-appropriations-act- 2009 Obama, B. (2011, December 23). Statement on signing the Consolidated Appropriations Act, 2012 . Statement on Signing the Consolidated Appropriations Act, 2012 | The American Presidency Project. https://www.presidency.ucsb.edu/documents/statement-signing-the- consolidated-appropriations-act-2012 Obama, B. (2013, January 2). Statement on signing the National Defense Authorization Act for Fiscal Year 2013 . Statement on Signing the National Defense Authorization Act for Fiscal Year 2013 | The American Presidency Project. https://www.presidency.ucsb.edu/documents/statement- signing-the-national-defense-authorization-act-for-fiscal-year-2013 Pfiffner, J. P. (2009). Presidential signing statements and their implications for public administration. Public Administration Review , 69 (2), 249-255 .

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