Executive Branch Executive Branch Fear of President Founders

Executive Branch

Executive Branch • Fear of President – Founders did not want a monarchy – or government like England • Separation of Powers – 3 branches of Gov’t – Legislative Branch • Created the two house legislature (bicameral) – Executive Branch formed – President • Wanted someone who represented the big picture – not just a state • Chief citizen of the United States

Executive Powers Military Powers War Powers Act • Vaguely described in the Constitution - WWII Era • Many Post post-Vietnam • Presidents Restricted power during war insist complying Required: to report to to–the Act is unconstitutional – Constitution makes the President, a civilian – Commander-in-chief of the armed services • To ensure the President did not have too much power: – Congress has the power to authorize money for the military forces (Checks and balances) • • Congress 48 hours after – Many look atwithin the Congressional deploying U. S. troops in of approval as an infringement their title – spots commander in chief troubled Report must. Court explain. Ruling 1983 • Supreme justification for engagement (INS v. Chadha) • Follow-up reports must be – Legislative the powers of every veto: 6 months Congress to void an action of the Most controversial clause of executive branch – Presidents feelings: Declared Act: – violates the it – unconstitutional Congress must authorize independent actions guaranteed 60 daysbranch towithin the executive • If not authorized, troops are withdrawn

Executive Powers Diplomatic Powers • Chief negotiator of foreign nations – Senate must confirm all treaties by a two-thirds vote of approval (Check and balances) – Negotiation powers are shared with Congress (Checks and Balances) • Executive Agreements – Agreement with another head of state • Does not need Senate approval – Some agreement tend to be secretive • Congress passed a law in 1950 that Executive Agreements need to be public – This law tends to be ignored • Vietnam War – Executive Agreement were kept secretive – Pledged American support to South Vietnam and South Asia • Set tariffs • Enact other legislation governing international affairs – International Role: • Recognizes new nations • Represents the U. S. to other countries • Performs related ceremonial duties • Can recognize foreign governments

Executive Powers • Chief Executive of the national government – President does the Executive orders are legally binding and following: published in the Federal Register. and executes "A good way • to. Administers, think of executive actions is a wish list of the policies the president would decisions the house like to seeand enacted. " makes enforces laws they pass • He oversees how the federal law is carried out – To help: executive orders: » Presidential directive to an agency that defines new policies or carries out existing laws • Appointment – Has the power to appoint people of the Supreme Court • His recommendation needs approval of the Senate • President can remove people from appointed positions – Not Supreme Court Judges or federal judges

Executive Powers • Other Executive Powers – Presidential Pardons Do not need Any Congressional approval • Can exempt a convicted person from the penalties of a crime or offense – These are absolute, except in cases of impeachments » Reason: The impeachment process is excluded from the scope of the president's pardon power because the president can also be impeached. – Amnesty • Government’s general pardon given to people who broke the law – Example: Draft dodger of the Vietnam War – they were given amnesty and could return home from Canada

Executive Powers • Legislative Powers – Very limited • May call Congress into a special session to deal with important and immediate issues • MUST give a State of the Union Address – Both houses, cabinet, and Supreme Court listen to the address » Certain elected officials are not at the address just in case of the worse – it keeps the hierarchy – Calls on Congress to assist with his visions

Executive Powers • Legislative Powers – Veto Power • Refusal to sign a bill passed in Congress – All veto’s can be overridden by two-thirds vote of both houses (Checks and balances) – Difficult to achieve – Line-Item Veto • Executive’s power to reject part of a bill and approve the rest » Another definition: the power of a president, governor, or other elected executive to reject individual provisions of a Not done often bill. – Problem: Courts claim this allows the President to construct legislation – abuses the idea of Separation of Powers

Executive Powers • Evolutionary Powers – Powers not in the Constitution but evolved through history and are accepted as rightful presidential powers Congress may not like some of the powers

Executive Branch • Evolutionary Powers – Power of Economic Planning • Chief Economic Planner – Roosevelt: New Deal Era – Powers were increased during other recessions in 1970’s – Power of Executive Privilege • Right to withhold information from or refuse to testify before Congress or the courts (Separation of Powers) – What is said in the Oval Office is private – not everything needs to be shared with the public – Could cause a breach in national security – Power of Impoundment • President’s refusal to spend money that Congress has appointed – If a bill is too much, President does not have to pay…. – Example: Bill for building new highways approves , but too much money – refuse to execute the project – Power of Persuasion • He is one voice with one point of view