GUIDE TO THE PRESIDENTIAL CABINET By Theo McKenzie INTRODUCTION Congratulations and welcome to the Harvard Model Congress San Francisco Presidential Cabinet! You are about to embark on a journey through both the hallowed halls of Congress and the backrooms filled with some of the nation's most influential powerbrokers. This guide will help you prepare for your role as one of the United States' top policy experts. EXPLANATION OF THE COMMITTEE Historical Background The Cabinet arose from a clause in the United States Constitution that enables the president to "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". Over the years, new Cabinet positions have been created in accordance with the proliferation of departments within the executive branch. The original Cabinet consisted of the Secretary of State, the Secretary of the Treasury, the Attorney General, the Postmaster General (removed during the Nixon Administration), the Secretary of War, and the Secretary of the Navy (the Departments of War and the Navy were combined to form Department of Defense in 1947). The Departments of Agriculture and the Interior were added in the nineteenth century, and the Departments of Commerce and Labor (originally a single department, but now two separate departments), Health and Human Services, Housing and Urban Development, Transportation, Energy, Education, and Veterans Affairs were later added as well. In September 2001, President George W. Bush added to his Cabinet the post of Director of Homeland Security. Amidst a great deal of debate and controversy over a Secretary without a department—and a department many found unnecessary— Congress subsequently created the Department of Homeland Security. The Cabinet is composed of the highestranking officer of each of the 14 executive departments, as well as other federal officials the president chooses to elevate to Cabinet rank. Each of these executive officers advises the president on specific issues in which he or she has personal expertise and also on more general concerns that may impact their respective departments. At some points in history, Cabinet members were not among the president's closest and most trusted advisors. For example, President Andrew Jackson kept many of his political enemies in his Cabinet and relied on an informal "kitchen Cabinet" of top advisors when making his most important decisions. Today, the presidential Cabinet is the top advisory board in the executive branch. Cabinet members hold a demanding position; they bear the great responsibility of advising the president on the nation's most pressing 1 HARVARD MODEL CONGRESS SAN FRANCISCO 2014 concerns. Members must digest information quickly and make difficult, informed decisions at a moment's notice. Cabinet members simultaneously perform many roles which include but are not limited to: engaging in policy debate during classified meetings, testifying before full congressional committees, and approving actions of the National Security Council should a crisis threaten the safety of US citizen. The federal government is too large for any one person to be an expert on every issue that faces the nation. Thus, the Cabinet is a very important resource for both Congress and the president. Because each Cabinet department implements the policies that Congress and the president create, Cabinet secretaries who evaluate legislation should always consider pragmatic concerns such as the feasibility of implementation, costs and benefits, and departmental jurisdiction. The members of the Cabinet make recommendations based on their expertise, the general principles of their departments, informed consideration of other departments' competing needs, and an intricate understanding of the practical implications of policymaking. Generally, even after close consideration of their political leanings, Cabinet members are supportive of the president's overall platform largely because the president appointed all of them, and they serve "at the pleasure of the president". Yet, Cabinet members often disagree with each other because resources allocated to one department are often granted at the expense of another. To further complicate matters, jurisdictions often overlap. Indeed, it is this dynamic that makes Cabinet debates exciting. Presidential Cabinet Model This section outlines the basic format of the Presidential Cabinet at the conference. Before the Conference 2 – GUIDE TO THE PRESIDENTIAL CABINET 1. Submit an application to be a member of the Presidential Cabinet 2. Notification of appointment to Cabinet: When you are notified about your selection to the Presidential Cabinet, you will receive: a. Your role assignment in the newly elected President's cabinet. You will take on this role and perspective for the duration of the conference. b. The list of issues on which you will focus your research and write position papers. Congressional briefings on these issues written by HMC staff members will be available to you through the HMC website. 3. Policy proposals for submission to HMC staff a. For each of your issues, you will submit a one-page, single-spaced policy proposal that states your expert opinion on the topic, provides specific explanations of the administration's positions, and offers factual support for your stance on the platform that the president should adopt. b. Based upon both the provided briefing materials and independent research, your recommendation should consider the interests of your department and the implications for the president, while striving to promote the nation's best interests. You will find that these policy proposals form the basis of your positions throughout the conference. For additional information, please refer to the section on policy proposals later in this guide. 4. Research and reparation a. You will prepare short (two minute) HARVARD MODEL CONGRESS SAN FRANCISCO 2014 presentations on each of your topics. These should summarize the major points of your policy proposal, issues of contention, recent news, press releases, and anything else you believe is important or would add substantially to the discussion. b. You will share these presentations both with the rest of the Cabinet and with congressional committees when they request testimony or information. c. This guide will prepare you to provide expert executive testimony during Senate and House committee sessions about the issues for which you are responsible. It should also include pointers on how to convey that you are the foremost expert on your topic, how to answer difficult questions from members of Congress, and other tips that should help you to make the president's position clear to both your fellow Cabinet members and to the committees before which you testify. Remember to make these proposals clear and persuasive. You are your department's chief advocate and must represent its views when you speak to the president and to Congress. 5. Focus on policy proposals; policy proposals are similar in form to the operative clauses of a bill and state what the Cabinet feels is the appropriate response to the given topics. These will be debated, modified, and then approved at the conference by the entire Cabinet. Once the Cabinet has approved the policy proposals, you may testify and lobby in committees to encourage legislators to adopt your proposals. Once both the House and Senate pass a bill, the Cabinet will compare it to the policy proposal and will ask the president to sign the bill if the Cabinet feels that the bill is acceptable according to its policy position. Remember, strong Cabinet policy proposals guide the hands of legislators. Thus, you have the power to shape legislation both before and after Congress considers it. You offer expert advice to both the committees and the president. At the Conference 1. Call to order and roll call 2. Introductions – At the beginning of the session, Cabinet members will introduce themselves in terms of their education, former government positions, other relevant information, and they will describe their departments, and the critical issues (both policy-oriented and personal) that have arisen during their tenure. Please be prepared to make such a presentation. 3. Setting the agenda – there are several criteria upon which priorities should be determined, including but not limited to: a. Timeliness: Is the issue currently a "hot topic," or is it part of an extended, on-going debate? b. Necessity of executive influence: Does it appear that the issue faces a tough vote in committee, or it is fairly clear that bipartisan politics will assure victory for the administration? c. Importance to the president: Is the issue something that the president truly cares about or is it only tangentially related? It is your responsibility to work with the rest of the Cabinet to determine your collective priorities in light of the president's agenda. 4. Presentation of Issues by Cabinet Members – Cabinet members who are experts on the issue brought under debate GUIDE TO THE PRESIDENTIAL CABINET – 3 HARVARD MODEL CONGRESS SAN FRANCISCO 2014 will present an overview of the issue, review the main points of their policy proposals, and explain which policy is the best one. Therefore, make sure that you are comfortable and familiar with the specifics of your position on any given topic. 5. Presidential Angle and Q & A Session – On sensitive topics, the president may brief the Cabinet on the political and bureaucratic considerations of an issue. This is a way of clarifying the official executive position as well as fine-tuning the positions of the administration on key issues. 6. Debate on Issues – Debate will be governed by the rules of parliamentary procedure. Please refer to the procedural rules for congressional committees to gain an understanding of the fundamentals of debate. 7. Consideration of Policy Proposal – The policy proposal on the floor may either be a revised version of the original proposal or a new draft. It is advised that a motion to caucus be entertained to finalize the proposals in order to most efficiently work out details. 8. Vote on Policy Proposal – A simple majority is needed to pass an executive policy proposal, though the group must work to build consensus and establish a unified position for the administration. The president can have only one opinion. 9. Testimony in Congressional Committees – As congressional debate rages during the conference, committees will request your expert testimony on your policy proposals and the executive platform. Once again, your policy proposals will be useful in preparing such presentations to integrate legislative and executive powers and agendas. 10. Advising the president – An important part of your role as a member of the Presidential Cabinet is to advise the 4 – GUIDE TO THE PRESIDENTIAL CABINET president whether to sign legislation that has been approved by both the House and the Senate. The Cabinet Member as a Lobbyist Because you oversee the implementation of any law that is passed regarding your department, your words will carry extra weight as "expert" testimony. In discussing various proposals and ideas, members of Congress will look to you not only as an advisor to the president but also an expert under whose guidance carefully-crafted proposals could come to fruition. Tips on Testimony Part of being a spokesperson for the administration and your department is serving as an expert witness. You will act as a witness when a congressional committee requests your testimony on an issue. When you are called to testify, you will have only a few minutes to speak to the committee. After you speak, they will question you about the issue and can recall on you later during the debate for more questions. During your testimony, you should try to use the following strategies: 1. Be organized. Prepare an outline or summarize your major points before you come to committee. No matter how well prepared and rehearsed you are, it is always nice to have something written down as a guide. 2. Use facts and quotes. Periodically during your speech, toss in statistics that support your viewpoint; however, be wary of getting bogged down with the recitation of numbers. In addition, try to start or conclude your speech with a quote, especially one that is emotional and capable of speaking to your audience's conscience. HARVARD MODEL CONGRESS SAN FRANCISCO 2014 3. Be clear and straightforward. Longwinded speeches are ineffective. If you speak too long on one point, you risk losing everyone's attention. Be concise. 4. Address the questions that are asked of you. After your testimony, the committee may ask you questions. Be sure to answer their questions directly rather than reiterating your testimony. Don't fear questions; they present an extra opportunity for you to convince the committee of your position. 5. Argue for your proposal. Remember, the committee will draft the actual law; you can only influence the direction of US policy by influencing the committee. 6. Respect the committee. Even if you think all the members are wrong, always be polite while you speak. Remember, you represent your department and the President of the United States. ADVANCE PREPARATION There is almost no obstacle to a Cabinet Member’s success that cannot be overcome, given proper preparation. Lack of experience, lack of self-confidence, and lack of knowledge about the legislative process can all be accommodated. It is most important to remember that functioning as an effective Cabinet member requires a wealth of knowledge about assigned topic areas and the ability to speak confidently about that knowledge. If you have not prepared in advance by learning about the topic areas, you will find that your testimony will have no influence on congressional committees. On the other hand, if you have taken the time to read and consider the issues, you will have no trouble acting as an effective proponent of the president’s agenda. It is also important to familiarize yourself with the other issues facing Cabinet debate so that you will be able to make informed contributions to the discussion on all topics brought before the Cabinet. Step One: The Basics Your first step in research should be to read the briefings written by the HMC staff for congressional committees. The briefings provide excellent outlines of the issues to be discussed and go into detail on the various points of debate that will be guiding the legislators. In these briefings, you should keep a particularly close eye on the "Focus of Debate" and "Possible Solutions" sections since they will address your questions most directly. By the time you have read the briefing, you should have a reasonable expectation about what types of issues legislators will be addressing, as well as the concerns and goals of the executive branch regarding the topic. It is quite likely that while you are testifying in the House or Senate, the members of Congress will bring up points and arguments from these sections, so be sure you can address these quickly and accurately. For more information on any of the points addressed in the briefings, take a look at the bibliography. A frequent source of information for Harvard Model Congress briefings is Congressional Quarterly and Congressional Research Service (CRS) Issue Briefs/Info Packs. Congressional Quarterly (or CQ, as it is affectionately called by insiders) is available in nearly any public or university library, but you will have to contact your senator or representative to get CRS materials. Make sure you give congressional staff plenty of time to get CRS materials for you because they are sometimes not available. The HMC staff members who wrote the briefings that you are assigned can also be of help to you — feel free to reach out to them! Step Two: Researching Opinions The President’s Opinion GUIDE TO THE PRESIDENTIAL CABINET – 5 HARVARD MODEL CONGRESS SAN FRANCISCO 2014 You will often be able to glean a good amount of information from the briefing itself, which may even have very specific information on the presidential opinion regarding an issue. If the topic you are researching is one that has been in the news recently, check newspapers and periodicals, especially Time, Newsweek, US News and World Report, and The New York Times. These sources will generally have excellent coverage of major news events, with a special emphasis on presidential opinion. Also, feel free to utilize the Internet and local libraries to aid your research. If you have access to an online search facility such as Lexis-Nexis, you can very easily do a word search combining (for example) "Bush" and "cable TV regulation," which will give you full-text printouts from newspapers, magazines, and radio and television shows nationally. You can also get information straight from the source by calling the White House press office at (202) 456-1414. Your Department The process of researching your department's opinion on a particular issue is similar to the process of ascertaining the president's view. All departments have homepages — these are valuable resources and often have the latest speeches, press releases, and department actions listed. Again, a computer search combining your department's name or your Cabinet member's name (eg Kathleen Sebelius) with key words from the issue you are researching should yield some good information. Some departments will have their own publications (the Department of State Dispatch, for example) which highlight key issues being discussed within the department. You should check with your library for availability of such publications. If you find that they are not locally available, you may try 6 – GUIDE TO THE PRESIDENTIAL CABINET to contact your department's press office directly. Your Role This may very well be the trickiest part of your research. While information on a department's perspective on an issue may be available, it is often difficult to find an individual’s opinion. Much of your work in researching your opinion will be based on inferences from attitudes and perspectives expressed by your Cabinet member. If it is available, a packet of role biographies will be made available to you following the first round of Cabinet appointments. It is important that you collect information on your education and occupation before called upon by the president. You can and should use this information to deduce your political leanings. Keep this background in mind as you go back and reread the briefings a second time. Check CQ and the Congressional Record (a transcript of congressional hearings) for information on your role. What do politicians think were the strengths and weaknesses you bring to your office? Who are your friends and who are your adversaries in the Senate during your hearings? What controversies have clouded your nomination hearing? From these pictures you ought to get a fairly clear picture of how you – as an individual – my stand on a given issue. Step Three: Policy Proposals For each of your issues, you are responsible for drafting a policy proposal that states your expert opinion as the principal officer of your executive department. A policy proposal outlines the problem addressed, provides background information, considers presidential interests, and ultimately offers a well-reasoned, well-supported solution. Your proposal should be one page long (single-spaced) and provide factual support for HARVARD MODEL CONGRESS SAN FRANCISCO 2014 your arguments, explicitly stating the steps that the government should take to address the problem and describing the critical issues relevant to the topic. It should first be a "wish list" of policy — what your ideal policy would be — but should also state which parts of the proposal are open to compromise. Please see the included model proposal for a written example and make sure to bring printed copies of your proposal to the conference for your own reference. You will submit these policy proposals at the Cabinet's committee page on the HMC website at harvardmodelcongress.org. Step Four: Preparing Testimony Along with committee debate among Cabinet members, testimony will represent the greatest part of your responsibility during congressional sessions. Be sure to articulate your thoughts clearly in your position papers, as these will be the springboard for debate in Cabinet sessions. Below are some questions to keep in mind as your prepare to testify: 1. Does your testimony reflect your departmental responsibilities? Are you representing the president's view on the issue? Are you striking a proper balance between these two roles? 2. Who will be your supporters and who will be your opponents in committee? 3. Are you effectively addressing the concerns of your political opponents while remaining true to the administration's position? 4. What are the overall implications of your plan? Are there short-term gains versus long-term losses, or vice-versa? When you are in committee, remember that you represent the President of the United States. Your actions reflect directly on the president, and so it is imperative to always represent the president well. PRE-CONFERENCE THOUGHTS As you take the preceding steps to prepare for the conference and for your roles as an informant, lobbyist, and policy-maker, ask yourself the following questions: 1. Why is the law the way it is, or why is there no law on this issue? 2. What reasons were used in the past to justify the existing law, or for not making any laws on this subject? 3. Why has there been a call to change the situation, and who is making that call? 4. Are there examples of the effects of a similar law? 5. What are the strongest arguments for your side of the issue, and what facts or quotes support these arguments? 6. How do your opponents counter these arguments, and how can you be prepared to defend against these attacks? 7. How can your department practically implement a particular policy? SOME FINAL REMINDERS Remember, as you will be given a specific role, you want to play your part as convincingly as possible. Play your role with excitement. Because you have done your research and are well prepared, you will have senators and representatives listening to your every word; future legislation rests on your opinions. A good Cabinet member will research both sides of the issue, learning both the strong and weak points of his or her argument. In addition, you need to find out how certain members of Congress feel about your assigned issues. As you search through sources to learn about each topic, take notes on the positions and actions of individual members on the issue — particularly those on political GUIDE TO THE PRESIDENTIAL CABINET – 7 HARVARD MODEL CONGRESS SAN FRANCISCO 2014 extremes of the matter. Also, take note of who in Congress supports each side on the issue, including his or her party affiliation, ideological or religious beliefs, and social or economic interests of members or their constituents. Finally, consult a reference guide like the Almanac of American Politics to learn some basic information about each congressperson. The Presidential Cabinet Directors can supply you with the names of the congresspersons in each committee. Once again, nothing can prepare you better for the conference than research on the issues the committees will debate. If you are a handy and reliable resource, senators and representatives will depend on you for vital information. And when they realize that you know more than they do on an issue, you will have a much easier time convincing them to vote in your favor or to consider the intricacies of the issue. Remember, although you are in committee to lobby for a position, you are not a lobbyist. Be sure to distinguish yourself from the lobbyists who have predetermined agendas. Rather, act like an expert who, after careful objective analysis, has arrived at a position. You do not represent any special interest groups or businesses; you represent the President of the United States and your department. Try to appeal to both Democrats and Republicans with your expert knowledge, and always be cognizant of the president's agenda. When preparing to lobby, you should remember that you may also need to persuade your fellow Cabinet members, so try to understand their objections and positions as well. This will maximize your effectiveness. With a lot of research and a good argument, your effectiveness on behalf of the president and your department will be unparalleled. SAMPLE POLICY PROPOSAL 8 – GUIDE TO THE PRESIDENTIAL CABINET Policy Proposal: A Program for Mandatory Public High School Drug Testing Background Teen drug use has increased over the last 10 years by 12.6%, according to statistics from the Center for Disease Control (CDC) and Teenwatch, a non-profit group that monitors teen behavior. According to the Department of Justice, one-fourth of the crimes committed by youth were committed when the offender was under the influence of illegal drugs. Some estimate that 30% of all public school students have been offered or had access to illegal narcotics. This is something that the current administration must address. Proposal All public schools receiving federal funding will receive funds for up to four school-wide drug tests. These drug tests must be purchased from the lowest of at least three bids submitted by urine analysis drug testing firms certified by the Food and Drug Administration (FDA). The FDA shall determine standards for the degree of accuracy acceptable for the laboratories. All tests will be administered randomly, with results confidentially disclosed only to the student, guardians, and the school drug-testing counselor. The school drug-testing counselor will be a certified health professional who will be responsible for maintaining the integrity of the testing process. He or she will also be responsible for administering counseling services to students with positive drug use results. For every 25 positive drug tests, one additional counselor will be assigned to the school to keep up with rising needs. Students testing positive must attend 10 HARVARD MODEL CONGRESS SAN FRANCISCO 2014 hours of family counseling sessions. Upon completion, the student must submit to a repeat drug test. A repeated positive test will result in students being enrolled in a four-week antidrug use class. A third positive test in a single school year will result in suspension from school and enrollment in a federally subsidized drug addiction program. The United States Congress can determine further details. Administration View and Impact Because of the powerful public outcry during the last election, we believe that this can be one of the central issues of the administration's education reform. The degree of counseling provided is open to debate, but we are unwilling to provide the tests without some form of counseling services. The administration is amenable to alternative secure drug testing services without federal funding, provided that they ensure the same degree of confidentiality and integrity in the testing process. Suggestions for alternative resources include private industry fundraising, substituting federal funding for corporate donations, and the creation of an accessible non-school based alternative testing center. The administration is also willing to consider the suspension of driver's licenses for all students who test positive as an alternative to the initial drug counseling seminars. SAMPLE CABINET DEBATE Cabinet Directors: Welcome to the Presidential Cabinet. Congratulations on being selected and thank you for your memoranda. Now we're going to set the agenda for policy debate. Veterans Affairs: Excuse me, what do I do with my policy proposals? Cabinet Directors: Good question. Hopefully, you have already submitted them to the HMC website. We have printed out these proposals to share with the rest of the committee and will keep them until your issue comes up for debate. Then we'll ask you to distribute them to serve as our starting point for debate on the issue. Now, we're going to set the agenda for policy debate. We encourage you to discuss the most high profile, critical issues being debated in the House and Senate first. Also, you may want to know that at this moment, committees have begun debate on the issue of nuclear waste disposal. Housing and Urban Development: (interrupting) But won't that really tie us up in long debates? Cabinet Directors: Though you should always formally ask for the floor or for points of order, you do make a good point. We also hope that all of you balance the agenda docket with issues that appear to have clear Cabinet consensus and that will require minimal debate. Now, you'll caucus to set the agenda, and then we'll survey your preferences to determine the order of policy issues. (After a brief caucus and a vote, the agenda is set.) Cabinet Directors: Great! We've determined the first five items on the agenda. Now, we'll proceed to the first issue: DEA reorganization. Briefing the Cabinet will be the Director of the ONDCP. (Office of National Drug Control Policy Director presents policy proposal and answers questions.) Cabinet Directors: Are there any other departments who have differing positions that they want the Cabinet to consider? Attorney General: I believe we should GUIDE TO THE PRESIDENTIAL CABINET – 9 HARVARD MODEL CONGRESS SAN FRANCISCO 2014 consider the fiscal and law enforcement burden on the Justice Department by removing some officers from the DEA. If that is not possible, there should be an increase in our funding, or at least more formal authority and stricter laws for proper enforcement. Health and Human Services: My department is also concerned with possible reductions in public health funding related to our drug prevention programs. We feel that what we do with regard to drug treatment is very different from what the ONDCP does and very necessary to our work. Basically, we feel that we can only support this if you can guarantee that our funding won't be cut. ...Let the debating begin! CONCLUSION You have been identified as an intelligent, motivated, and experienced Harvard Model Congress delegate and chosen to be part of a select group of people with the power to influence the president and Congress on the most pressing and crucial issues. Your arguments in committees are crucial for shaping and directing legislation in line with the president's agenda and will help assure wellwritten and informed bills. Your recommendations on whether to sign or to veto legislation passed by the House and Senate will be critical for a presidential decision. You have just read some detailed yet flexible guidelines for preparing for Harvard Model Congress Presidential Cabinet. Now, it is time for you to get to work, read your issue briefings, research the issues, contact your Cabinet member's office, and draft policy proposals. We look forward to meeting you at Harvard Model Congress San Francisco 2014! 10 – GUIDE TO THE PRESIDENTIAL CABINET
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