The Executive Branch

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The Executive Branch
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Voices from the past

• I dont know whether you fellows ever had a load
  of hay
• fall on you, but when they told me yesterday what
  had
• happened, I felt the moon, the stars, and all the
  planets had
• fallen on me
• -Harry
  S. Truman, the day after FDRs death.

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The Executive Branch

• Not only the President and Vice President
• Also The Cabinet and Government Agencies

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Article II of the Constitution

• The Executive power shall be vested in a
  president of the United States.

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Presidential Oath

• I do solemnly swear that I will faithfully
  execute the office of President of the United
  States, and will to the best of my ability,
  preserve, protect, and defend the Constitution of
  the United States. Article II, Constitution

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Term of Office

• 4 year term
• Allowed two terms
• Based off George Washingtons Presidency
• FDR had 4 terms
• After his (FDRs) death amendment made it only 2
  terms or 10 years in office.

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Qualifications

• Formal
• Natural born citizen
• At least 35
• At least 14 years residency in the US
• Informal
• Military background?
• Executive experience? Ex Governor
• Educational background
• Occupations
• Charismatic

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Chief Executive 3 Main Powers

• Appointment or Removal of key executive branch
  officials
• Issuing executive orders
• Maintaining executive privilege

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Appointment and Removal Powers

• Constitution gives president power to appoint
  people to fill top posts in the executive branch
• Some are checked by the Senate
• Federal Judges
• Cabinet Members
• Ambassadors to Foreign Nations
• Top Military Advisors
• President can remove them at anytime
• Except Federal Judges (Lifetime)-Congress can
  impeach

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Executive Orders

• A formal Rule or Regulation
• Instructing Executive Branch officials on how to
  carry out their job
• Controversy
• War Powers Act of 1973

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Executive Privileges

• President can withhold information from congress
  or a court
• United States v. Nixon 1974
• Watergate
• Limited the executive privilege and power

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Check and Balances Review

• The Executive Branch is given the power to carry
  out the laws. It has the following checks over
  the Legislative Branch
• Veto power
• Ability to call special sessions of Congress
• Can recommend legislation
• Can appeal to the people concerning legislation
  and more
• The Executive Branch has the following checks
  over the Judicial Branch
• President appoints Supreme Court and other
  federal judges

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Diplomatic Powers
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Diplomatic Powers

• Foreign Policy Leader- formulates the nations
  plan and procedure with dealing with other
  countries.
• Negotiating treaties
• 2/3 Senate Vote to approve
• World War I Treaty of Versailles never approved
• Diplomacy- the art of negotiating with foreign
  countries

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Diplomatic Cont.

• Executive Agreements
• Agreements between President and Foreign
  Governments
• Ex NAFTA North American Free Trade Association
• Diplomatic Recognition
• Recognizing the legitimacy of a foreign country
• Ex Harry Truman recognized Israel in 1948,
  Controversial today

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Military Powers

• Commander in Chief
• Congress has power to declare war
• President has called out the armed forces over
  200 times (executive orders) Only 5 has Congress
  declared war
• Post-Vietnam saw the War Powers Act follow
• Modern times the Iraq War 2002

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Roles (Official and Unofficial)

• Head of StateChief of State
• Chief Executive
• Chief Legislator-Chief Agenda Setter
• Economic Planner
• Party Leader
• Chief Diplomat-Foreign Policy Leader
• Commander in Chief

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Roles

• Head of StateChief of State
• a. Represents the Nation
• b. Performs ceremonial duties (hosts kings,
  queens, gives awards)

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Roles

• Chief Executive
• Head of Executive branch (enforces laws and
  programs)
• Tools that enforces laws
• Executive order-detailed instruction w/force of
  law
• Appointments
• Remove officials they appoint
• Executive privilege- presidents right not to
  turn over document or testify on executive
  confidential business
• Grants reprieves-postponement from punishment and
  pardons-release from prison or removal of a
  crime/penalty from criminal record
• Grants amnesty- forgiving of a crime (no
  punishment)

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Roles

• Chief Legislator-Chief Agenda Setter
• State of the Union Address-describes the Pres.
  ideas about how to solve problems
• May give political favors for support
• May threaten to veto a bill to get Congress to
  stop or make changes to bills

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Roles

• Economic Planner
• Submits an annual economic report (includes
  unemployment, GDP, etc.)
• Prepares budget every year
• Promotes high employment, production and
  purchasing power

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Roles

• Party Leader
• Gives speeches to help members running for
  reelection
• Fundraiser for party

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Roles

• Chief Diplomat-Foreign Policy Leader
• Directs US foreign policy
• Makes treaties-agreements between countries
• Executive agreements-agreements between heads of
  states which do not require Senate approval
• May refuse to recognize the legal existence of
  other countries

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Roles

• Commander in Chief
• Can send troops
• Responsible for key military decisions
• Authority to use atomic/nuclear weapons

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Some Powers Enacted by Past Presidents

• Thomas Jefferson purchased LA Territory
• --the Constitution does not state a President
  can acquire territory
• Abraham Lincoln jailed opponents of the Union
  without trials and blocked ports
• Theodore Roosevelt stated it is the Presidents
  duty to do anything that the needs of the nation
  demanded
• F.D.R. persuaded Congress to create new social
  and economic programs (The New Deal)
• --Americans began to expect the Pres. To deal
  directly with the nations economic and political
  life

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POWER

• Congress has been a source of presidential power
  when they work together well
• A. LBJ reported destroyers attacked a US
  warship in the Gulf of Tonkin
• --Congress passed the Gulf of Tonkin Resolution
  (gave president power to take necessary steps
  including armed force to protect Americans in SE
  Asia)
• B. Congress asked for President leadership
  from FDR during the Depression

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POWER

• Media
• --TV and radio can give the President great
  power

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POWER

• Limits on Presidential power
• Congressional overrides of vetoes
• Congress can impeach the president
• The Courts can limit the president with judicial
  review
• The Bureaucracy may limit needed information
• Public opinion may cause presidents not to run
  for re-election

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Removal from Office

• The president shall be removed from office if
  convicted in an impeachment trial
• Crimes
• Treason
• Bribery
• Other high crimes and misdemeanors
• This also applies to the Vice President
• Two Presidents were Impeached
• Andrew Johnson
• Bill Clinton
• Richard Nixon resigned before impeachment

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Line of Succession

• The order successors to the presidency if the
  president is unable to serve as specified in the
  Constitution
• Vice President
• Speaker of the House
• President pro tempore of the Senate
• Secretary of State
• Line continues by each of the 14 heads
• of the Cabinet departments, in the order
• in which their offices were created by
• Congress

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Vice President

• 1st in line in succession.
• Changed very much from earlier VPs
• Duties
• Presides over the Senate
• Votes in deadlock (50-50)
• Role in 25th Amendment
• Helps decide the question of Presidential
  disability
• Debate whether VP is an Executive or Legislative
  position or both.

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Federal Bureaucracy

• Bureaucracy- Large, complex administrative
  structure that handles the everyday business of
  the federal government
• Bureaucrats- civil servants who work for the
  Federal Bureaucracy

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Bureaucracy Cont.

• Federal government is the largest organization in
  the country Consists of four main groups
• The White House staff
• The Executive Office of the President
• Executive departments
• Independent agencies

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White House Staff

• Consists of about 400 people
• Chief of Staff
• Jack Lew
• Presidents most loyal aid
• Gate-keepercontrols who talks to president and
  who does not
• Provide guidance and advice on issues

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Executive Office of the President

• About 1,800 employees
• Perform a variety of specialized tasks for
  President Ex
• Office of Management and Budgetaids president in
  developing budget proposal to Congress
• National Security Council (NSC)advises president
  on foreign and defense policy

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Executive Departments

• Carry out work of government in broad areas of
  public policy
• Presidents cabinet

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Cabinet Departments

• State
• Treasury
• Interior
• Agriculture
• Justice
• Commerce
• Labor
• Defense
• Health and Human Services
• Housing and Urban Development
• Transportation
• Energy
• Education
• Veterans Affairs
• Homeland Security-last in line of presidential
  succession

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Independent Agencies

• Independent establishments are created by
  Congress to address concerns that go beyond the
  scope of ordinary legislation.
• These agencies are responsible for keeping the
  government and economy running smoothly.
• Ex AMTRAK, NASA, FDIC, Social Security
  Administration, USPS (postal service)

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Regulatory Commissions

• Independent of all three branches
• Impartial
• Appointed by the president, approved by the
  Senate
• Unlike Bureaucrats, They do not report to the
  president and cannot be fired or removed by
  president
• Impact our daily lives
• Example Nuclear Regulatory commission