University of Wyoming/Laramie, Spring Semester 2001
Seminar : Congress and the Presidency

The United States′ President and the
Federal Chancellor of Germany:
A Comparison of the Executive Power

by

Andrea Becker

Table of Contents Page

1. Introduction

2. Constitutional Developments
2.1 The United States
2.2 The Federal Republic of Germany

3.The Executive Power of the American President and the German Chancellor
3.1 The United States′ President
3.1.1 The Election and Powers of the American President
3.1.2 The Cabinet, the Executive Office of the President, and the Bureaucracy
3.2 The Federal Chancellor of Germany
3.2.1 The Election and Powers of the German Chancellor
3.2.2 The Cabinet, the Chancellor′s Office, and the Ministerial Bureaucracy

4. Concluding Remarks

Bibliography

1. Introduction

"The German Federal Republic is classified as a parliamentary democracy ... [where] the principle portion of executive power is vested in a ... chancellor and his cabinet who are responsible to a parliament and removable by the latter. By contrast, the presidential system ... in the United States vests executive power in a president who is both head of state and head of government."¹

Regarding this quoted statement, the purpose of my paper shall be a comparison between the United States′ executive and the German counterpart. According to this, especially the functions, roles, and powers of the respective chief executives shall be described and compared. In addition, I would like to portray the reciprocal relationship between the United States′ president, the Executive Office of the President, and the bureaucracy on the one hand, and the reciprocal relationship between the German chancellor, his chancellor′s office (Bundeskanzleramt), the cabinet, his governmental coalition (Regierungskoalition), and the federal ministers. In general, I want to achieve a comparison between both systems regarding their executive powers by pointing out the differences as well as the correspondences between them. Because of this general approach, it is not possible to describe everything in detail to avoid exceeding the framework of my paper.In cases when it will be not possible to provide detailed information, I will recommend for further readings in the footnotes.

Although, this paper shall mainly deal with the respective executive power and although the separation of power between the governmental branches in the United States is stricter than in the federal Republic of Germany, it is unavoidable to draw some conclusions regarding the role of the executive in the interplay with the legislative (the United States′ Congress and the German Bundestag). These references within the examination of the executive power shall be made because in carrying out their roles the branches are bound on each other in their interaction within the political system. Furthermore, these references serve for a better understanding of the whole role of the executive in the respective country.

On the whole, one should not forget that I refer to two different systems of government. Although both of them have several essential parts in common, the United States features a presidential democracy whereas Germany constitutes a parliamentary system. But nevertheless, both can be compared very well because the main features of both systems (a powerful executive, a separated legislative branch, and an independent judiciary) are the same. Moreover, the United States exerted a big influence on the development on the Basic Law (the German Constitution, Grundgesetz) and therefore on the political system itself because according to the United States′ occupation politics Germany should become a western democracy after World War II.

In reference to the topic of my paper, the following questions shall be answered: Which historical circumstances and which constitutional developments led to the structure of the executive? What are the differences of the role of the president in the United States and the federal chancellor in Germany? In general, which functions and powers do both of the chief executives exert?

Regarding both, the United States′ president and the German chancellor, there exist a wide selection of research literature. Although, most of the books referring to the latter deal in general about the political system of Germany, nevertheless, they contain good parts about the chancellor. Following, I just want to name some examples of the newer literature: A good starting point concerning the American president offers the book "American Government"². The book "The American President"³ as well as the publication "Presidential Leadership. Politics and Policy Making"⁴ show a good review about the executive power. Concerning the German chancellor, the book "State and Government in the Federal Republic of Germany. The Executive at Work"⁵ is highly recommendable because it provides a very good examination of his role and function within the political system.

Following, I would like to describe shortly the composition of my paper: The main part deals at first with a description of the constitutional developments of the two countries to provide a general background why and how the executive powers were composed. The next part describes the powers of the two chief executives and their role within the whole executive apparatus as well as their relation to the legislative to show their differences and their correspondences. At last, the concluding remarks shall give a final discussion concerning the questions raised in the introduction.

[...]

1 Robert G. Neumann: The Government of the German Federal Republic, New York: Harper & Row Publishers, 1966, p. 102.

2 Theodore J. Lowi/Benjamin Ginsberg: American Government. Freedom and Power, 6^th Edition, New York/London: W.W. Norton & Company, 2000.

3 Robert DiClerico: The American President, 5^th Edition, Upper Saddle River, New Jersey: Prentice Hall, 2000.

4 George C. Edwards III/Stephen J. Wayne: Presidential Leadership. Politics and Policy Making, 4^th Edition, New York: St. Martin′s Press, 1997.

5 Nevil Johnson: State and Government in the Federal Republic of Germany. The Executive at Work, 2^nd Edition, Oxford: Pergamon Press, 1983.