Executive Branch of the United States 1 The

Executive Branch of the United States

1. The President • Leads Executive Branch • Head of State/Head of Government • Highest political official in the United States • Responsibilities are found in Article II of the Constitution • President Obama is the 44 th President of the United States • Generally regarded as the most powerful person in the world (because of U. S. status as superpower).

Qualifications for President Article II, Section 1, Clause 5, of the Constitution says that the President must:

Presidential term ▪ Until 1951, the Constitution placed no limit on the number of terms a President might serve. ▪ Traditionally, Presidents limited the number of terms served to two. This tradition was broken by Franklin D. Roosevelt in 1940 when he ran for and won a third term in office. He then went on to be elected to a fourth term in 1944. ▪ The 22 nd Amendment placed limits on presidential terms. A President now may not be elected more than twice or only once if they became President due to succession.

Presidential Disability ▪ Sections 3 and 4 of the 25 th Amendment provide procedures to follow when the President is disabled. ▪ The Vice President is to become acting President if (1) the President informs Congress, in writing, “that he is unable to discharge the powers and duties of his office, ” or (2) the Vice President and a majority of the members of the Cabinet inform Congress, in writing, that the President is thus incapacitated.

2. The Vice-President • Presides over Senate and casts a vote in the event of a tie. • Assumes Presidency should President be unable to finish his term. • Daniel Webster: “I do not choose to be buried until I am already dead”. Reflects sentiments of many VPs. • Role Vice-President plays mostly determined by President: • VP Biden: “behind the scenes” counselor for Obama • VP Cheney: national security; one of the most visible VP’s in U. S. History • VP Gore: advisor to President on environmental issues

▪ The Constitution only gives the Vice President two duties besides becoming President if the President is removed from office: 1) to preside over the Senate, and 2) to help decide the question of presidential disability. ▪ If the office of Vice President becomes vacant, the President nominates a new Vice President subject to the approval of Congress. ▪ Today, the Vice President often performs diplomatic and political chores for the President.

How much do they make? ▪ Salary: ▪ President: $400, 000 per year ----- $50, 000 expense account $100, 000 nontaxable for travel $19, 000 official entertainment free housing (1600 Pennsylvania Ave. ) ▪ Retired president: $196, 700 per year -- $150, 000 to maintain staff Vice President: $227, 300 per year -- $20, 000 expense account -- free housing (Number One Observatory Circle)

3. White House Office ▪ White House staff members/aides that President appoints and works with daily. Appointed without Senate confirmation. ▪ Includes “assistant to the President”, “press secretary”, and “special consultant”. ▪ First Lady also has her own office/staff.

4. Executive Office of the President (EOP) • Originated with FDR, created in 1939 • President’s personal “bureaucracy” • Monitors work done in cabinet departments and federal agencies. • A group of offices, councils, boards devoted to specific areas (national security, trade, budget, etc…) • Approximately 2, 000 employees

EOP Overview cont’d… ▪ 5. Chief of Staff: John Kelly ▪ (formerly Reince Priebus) -- Highest ranking member of office. Serves managerial and advisory role. -- Senior aide to President. “Second Most Powerful Person in Washington”. ▪ 6. Office of Management & Budget (OMB) -- Largest office in EOP- prepares budget & monitors funds spent by Congress. -- Oversees budgets/records of Executive agencies.

7. President’s Cabinet

The Cabinet ▪ First established by George Washington in 1789. -- Secretary of State -- Secretary of Treasury -- Secretary of War (now Defense) -- Attorney General � These four positions are known as the “inner cabinet” and are the posts with the most power. � Job of cabinet secretaries: to provide oversight of a governmental department. They are appointed by the President upon taking office and approved by the Senate.

Trump’s “Inner” Cabinet Secretary of State Secretary of the Treasury Steve Mnuchin

Trump’s “Inner” Cabinet Secretary of Defense James Mattis Attorney General Jeff Sessions

More on the President’s cabinet… ▪ 1789: 4 Cabinet posts ▪ 2009: 15 Cabinet members and 6 Cabinet level administrators. ▪ Last cabinet department was created in 2002 -- the Department of Homeland Security.

7. Independent Agencies ▪ Exist outside federal executive departments but are still considered part of Executive branch. � Created by Congress � President appoints people to them and they are confirmed by the Senate. � Examples include… ▪ CIA (Central Intelligence Agency) ▪ EPA (Environmental Protection Agency) ▪ FEC (Federal Election Commission) ▪ FTC (Federal Trade Commission)

How much do they make? President of the United States $400, 000 Executive Schedule Level 1: Cabinet-level officials $196, 700 Level II: Deputy secretaries of departments, secretaries of military departments, & heads of major agencies $177, 000 Level III: Under secretaries of departments & heads of middle-level agencies $162, 900 Level IV: Assistant secretaries & general counsels of departments, heads of minor agencies, members of certain boards & commissions $153, 200 Level V: Administrators, commissioners, directors, & members of boards, commissions, or units of agencies $143, 500

The presidency

The Presidential Office Presidential succession – who should fill the presidency and in what order Qualifications • Be a native-born U. S. citizen • Be at least 35 years of age • Have been a U. S. resident for at least 14 years Presidential Succession

Into the Oval Office SECTION 22

Pair-Share • What qualities does a President need in order to be a good leader? • What roles does he play during his/her Presidency? • What are examples of these roles?

The President wears many hats….

Chief of State Description Examples • Represents the U. S. at public events. -Awarding medals to students -Congratulating • Ceremonial role that astronauts allows the President to promote/convey/represent -Greeting visitors at American values the White House • Living symbol of the nation -Giving speech on July 4 th

Chief Executive Description Examples • Empowered to administer the -appoint someone laws and affairs of the nation. to serve as the head of the CIA • His agencies have -holding cabinet responsibility and authority to meeting to discuss carry out the laws government business • “Boss” for the government -Reading FBI workers in the executive reports on the branch. state of national security

Chief Administrator l The President is the chief administrator, or director, of the United States government. SECTION

Chief Diplomat Description Examples • makes foreign policy of United States -Traveling to London to meet leaders • Interacts with leaders of other nations -Working with Middle East Leaders on peace agreements • Develops foreign policy with other nations • Sends diplomats ambassadors to foreign governments -Entertaining Japanese diplomats at White House

Commander In Chief Description Examples • In charge of all branches of -inspecting a Navy the armed forces (navy, army, yard marines, coast guard, air force). -deciding in wartime whether • All military leaders report to or not to bomb and take orders from the foreign cities president. - calling out • Decides where troops National Guard to stationed, ships will be sent, stop/control a riot and how weapons are used.

Chief Legislator Description Examples • voice ideas and opinions -Signing or vetoing to Congress while they bill passed by draft legislation. Congress • Influence Congress is law -Working to get making (Congress makes House and Senate the laws, not President). votes for bill to be passed in both houses • Sets legislative agenda through speeches- i. e. -Making speeches in State of the Union address. Congress

Chief of Political Party Description Examples • Leader of his or her political -Choosing leading party members to serve in the • Helps members of his/her Cabinet party get elected- Congressional races. -Traveling to speak at Campaign rallies • Campaigns for individuals for Senate who support his/her policies. candidates • Campaign for re-election with party support at the end of first term.

Chief Citizen l The President is expected to be “the representative of all the people. ”

“Specific Examples” • On your note sheet, fill in the “specific example” column with the correct example from the list on the right

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Presidential Powers Executive orders – detailed instructions, regulations, and rules that have the force of law Executive privilege – the president’s right not to hand over documents or to testify regarding matters that are believed by the president to be the executive branch’s confidential business CAN • • Make treaties with the approval of the Senate Veto bills and sign bills Executive spending on behalf of congress Grant pardons Enforce the laws that Congress passes Act as Commander-in-Chief during a war Lead his political parties Call out troops to protect our nation against an attack • Make suggestions about things that should be new laws • Represent our nation in talks of foreign countries • Appoint ambassadors CAN’T Make laws Decide how federal money will be spent Interpret laws Choose Cabinet members or Supreme Court Justices without Senate approval

Views of the Office The nature of the presidency depends on how each President views the office and exercises its powers. Two Views: • Other Presidents, like • Some Presidents, William Howard Taft, such as Teddy have felt that they Roosevelt, have cannot exercise any taken a broad view of power not specifically the powers they granted to them. This is inherited. a strict view.

Article II, the Constitution’s Executive Article, begins this way: “The executive power shall be vested in a President of the United States of America. ” With these few words, the Framers established the presidency.

The President’s Executive Powers

Take Notes

Executing the Law v v As chief executive, the President executes (enforces, administers, carries out) the provisions of federal law. The oath of office instructs the President to carry out the laws of the land. v v “I do solemnly swear that I will faithfully execute the Office of the 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, Section 1, Clause 8 The other provision is the Constitution’s command that “he shall take care that the laws be faithfully executed. ”

v EXAMPLE: immigration laws require that all immigrants seeking permanent admission to this country must be able to “read and understand some dialect or language” v -What does that mean? The Executive Branch determines the meaning.

The Ordinance Power v v The President has the power to issue executive orders. An executive order is a directive, rule, or regulation that has the effect of law. The power to issue these orders, the ordinance power, arises from two sources: the Constitution and acts of Congress. v Although not specifically mentioned in the Constitution, the ordinance power is clearly intended. v The size of government has caused Congress to delegate more and more discretion to the President and presidential subordinates.

Executive Orders Executive Order

The Appointment Power v With Senate consent, the President names most of the top-ranking officers of the Federal Government, including: (1) ambassadors and other diplomats; (2) Cabinet members and their top aides; (3) the heads of such independent agencies as the EPA and NASA; (4) all federal judges, attorneys, and U. S. marshals; (5) all officers in the armed forces.

The Removal Power v Debate The Historical Debate ensued in the First Congress as to whether the President could remove appointees without the consent of the Senate. v The view that the President may remove the officials he appoints without Senate consent has prevailed over time. v In general, the President may remove any appointees except federal judges.

Diplomatic and Military Powers

The Power to Make Treaties v. A treaty is a formal agreement between two or more sovereign states. v The President, usually through the secretary of state, negotiates these international agreements. v All treaties must pass approval by a two thirds of the members present vote in the Senate.

Executive Agreements v An executive agreement is a pact between the President and the head of a foreign state, or a subordinate. v Unlike treaties, executive agreements do not require Senate consent.

v v EXAMPLE: The destroyer-for-bases agreement in 1940. Great Britain received 50 U. S. destroyers in exchange for 99 -year leases of bases around the world. NOTE: most executive agreements flow out of legislation already passed or by treaties already approved.

The Power of Recognition The power of recognition is exercised when the President, acting for the United States, acknowledges the legal existence of another sovereign state. v v The President may show American displeasure with the conduct of another country by asking for the recall of that nation’s ambassador or other diplomatic representatives in this country. The official is declared to be persona non grata, or an unwelcome person.

Commander in Chief The Constitution makes the President the commander in chief of the nation’s armed forces. Making Undeclared War Many Presidents have used the armed forces abroad without a declaration of war. v Wartime Powers The President’s powers as commander in chief are far greater during a war than they are in normal times. v The War Powers Resolution of 1973 limits the President’s war-making powers. v

Legislative and Judicial Powers

Legislative Powers The Veto Power Recommending Legislation • • The Constitution provides that the President shall report to Congress on the state of the Union and recommend necessary legislation. This power is often called the message power. • All legislation passed by Congress is sent to the President for approval. • If the President disapproves of a bill, he can veto it. That veto can only be overturned by a two-thirds vote of both houses of Congress.

Judicial Powers v v The Constitution gives the President the power to “. . . grant reprieves and pardons for offenses against the United States, except in cases of impeachment. ” — Article II, Section 2, Clause 1 A reprieve is the postponement of the execution of a sentence. A pardon is legal forgiveness for a crime. These powers of clemency (mercy or leniency) may be used only in cases of federal crimes.

Pair-Share Review How has the growth of presidential power affected both the system of checks and balances and the separation of powers? Give examples.

Jig-Saw Assessment Activity

Directions Get into groups of four students 2. Assign each student a number from 1 -4. 3. Complete the questions that correspond with your assigned number using your notes and/or text book. 4. Once all students have completed the questions, each student will share their answers to their assigned questions. * If you finish early with your questions, help another group member complete their questions. 1.

SECTION 1 The Growth of Presidential Power 1. 2. 3. Why is Article II of the Constitution controversial? How has presidential power grown over time? How have Presidents’ own views affected the power of the office?

SECTION 2 The President’s Executive Powers 1. 2. 3. 4. Where does the President get the power to execute federal laws? What is ordinance power, and where does it come from? How does the appointing power work? How has the debate over the removal power evolved?

SECTION 3 Diplomatic and Military Powers 1. 2. 3. 4. How are treaties made and approved? Why and how are executive agreements made? What purpose does the power of recognition have? What powers does the President have in the role of commander in chief?

Legislative and Judicial Powers 1. 2. How are the President’s legislative powers an important part of the system of checks and balances? What are the President’s major judicial powers?

Presidential Nomination and Election Electoral College – a special body made up of people selected by each of the states Electoral – Electoral college member Caucus - a meeting of people, such as members of a politcal party, who gather to make decisions on political courses of action Conventions – party gatherings are held to nominate candidates, determine rules that govern the party, and make decisions about the party’s stance on issues of the day Amendment 12 Made it so there are separate ballots for President and Vice President Three Ways to Nominate Self-Announcement – A person who wants to run for office announces their candidacy. Whenever a write-in candidate appears on the ballot, the self-announcement process has been used The Caucus – Originally a private meeting of local bigwigs, the caucus as a nominating device fell out of favor in the 1820 s. The Convention – Considered more democratic than the caucus, convention delegates were selected to represent the people’s wishes. Party bosses soon found ways to manipulate the system, however, and the convention system was on its way out by the earl 1900 s

Presidential Nomination and Election Primary elections – state elections held before the national conventions that determine the candidates for each party General election – a regular election of candidates for office, as opposed to a primary election

Executive branch at work

Executive Office of the President and the Cabinet Secretaries – the heads of cabinet departments Attorney general – head of the Department of Justice

The Federal Bureaucracy – a highly organized system of people and their work Bureaucrats – people who work in a bureaucracy Government Agencies’ Work Government Agencies help the executive branch carry out its duties by advising the president and Congress on policy decisions and by making and carrying out the rules and regulations needed to enforce the law. The rules made by executive branch agencies have the force of law, though they usually carry only civil, not criminal, penalties for any violations. Agencies must follow set procedures for issuing a rule. An agency cannot issue a rule without first giving notice and allowing a period for public comment, during le p which interest parties can give their opinions on the proposed rule. am Ex Implementing Rules To accomplish this difficult task, agencies employ a multitude of people.

The Federal Bureaucracy Independent agencies – the executive branch agencies outside the cabinet departments Regulatory commissions – independent agencies that have the power to establish and enforce regulations Independent Agencies rp e os Pu Congress creates these agencies to help the president carry out the work of the executive branch. They are independent in the sense that they are separate from the cabinet departments – often because they perform duties that do not fall under the scope of a cabinet department or because they serve the interest of several departments. Today there are more than 40 independent agencies. Regulatory Commissions Some independent agencies have a greater degree of autonomy, or self-rule, than others. The agencies that act with the least direction from the White House are called regulatory commissions. The commissioners of these independent agencies serve longer than the president who appoints them. Some of these independent agencies – called government corporations – are run as nonprofit businesses.

The Federal Bureaucracy Merit system – federal employees secure jobs through competitive exams and then stay on the job even after new presidents take office Government Employees The Spoils System • Created by Andrew Jackson • Jackson decided that the policy of keeping agency officials in their jobs permanently should be replaced by a policy of rotation in office • He believed that democratically elected officials should bring into office with them people who share the ideas for which a majority of the electorate voted • Got reformed The Pendleton Act • Created after the reform of the spoils system in 1883 • Used the merit system • Merit system civil servants make up the bulk of the executive branch agencies’ workforce.

The Executive Branch and the Public Good Privatization – the turning of an entire government function over to a private company The Presidency and the Public Good The president holds far-reaching foreign-policy powers, though they can be checked by Congress has the power to decide domestic matters by passing laws, though the president can affect domestic policy by influencing and creating public pressure on Congress Reliance on Public Support Another criticism of the presidency is that in trying to act effectively as a representative of the nation, the president must work to gain majority support for policies. Why do critics believe that such actions might harm the public good? While trying to gain public support, the president can spend a great deal of time on media relations – becoming more concerned with image than with the substance of governing

Political Cartoon #1 Title: The Damages of the Bureaucracy • • Artist: unknown, La Presna, Panama Date: May, 2006 Source: http: //www. politicalcartoons. com Describe what’s going on in the political cartoon (Who? What? When? Where? ) Identify any symbols (ex: an elephant to represent the Republican Party) portrayed in the cartoon and analyze what they represent. What is the artist’s message in the cartoon? What do you think is its purpose? Do you agree or disagree with the cartoonist's message? Explain your answer. What does this cartoon tell us about bureaucracy in general? The federal bureaucracy in particular?

Political Cartoon #2 Title: Federal Employees Self Esteem Class • • Artist: Chip Bok Date: unknown Source: http: //www. reason. com/9602/bok. gif Describe what’s going on in the political cartoon (Who? What? When? Where? ) Identify any symbols (ex: an elephant to represent the Republican Party) portrayed in the cartoon and analyze what they represent. What is the artist’s message in the cartoon? What do you think is its purpose? Do you agree or disagree with the cartoonist's message? Explain What does this cartoon tell us about bureaucracy in general? The federal bureaucracy in particular?

Political Cartoon #3 Title: Another Layer of Bureaucracy • • Artist: Bob Englehart, The Hartford Courant Date: February, 2006 Source: : http: //www. politicalcartoons. com Describe what’s going on in the political cartoon (Who? What? When? Where? ) Identify any symbols (ex: an elephant to represent the Republican Party) portrayed in the cartoon and analyze what they represent. What is the artist’s message in the cartoon? What do you think is its purpose? Do you agree or disagree with the cartoonist's message? Explain your answer. What does this cartoon tell us about bureaucracy in general? The federal

Political Cartoon #4 Title: FEMA’s Follies • • Artist: Mike Keefe, The Denver Post Date: April, 2006 Source: http: //www. cagle. com/news/FEMASFolli es/main. asp Describe what’s going on in the political cartoon (Who? What? When? Where? ) Identify any symbols (ex: an elephant to represent the Republican Party) portrayed in the cartoon and analyze what they represent. What is the artist’s message in the cartoon? What do you think is its purpose? Do you agree or disagree with the cartoonist's message? Explain your answer. What does this cartoon tell us about bureaucracy in general? The federal bureaucracy in particular?

Goals and Principles of U. S. Foreign Policy Trade embargo – a stoppage of commerce and trade Foreign Policy Goals o Maintaining National Security • Nation Security - Protect the rights, freedoms, and property of the United States and its people o Supporting Democracy • Aid other democratic nations as well as those moving toward democracy o Promoting World Peace • U. S. actively becomes involved in resolving disputes between other countries o Providing Aid to People in Need • Might come in the form of money, food, or military assistance o Establish Free and Open Trade • Benefits include … • Increasing the size of the market to which domestic businesses can sell their goods • Giving U. S. consumers a chance to buy goods from around the world

Goals and Principles of U. S. Foreign Policy Internationalist – the taking of an active role in international affairs Principles of Foreign Policy o Isolationism Ø reflects the view that a nation should tend to its domestic affairs rather than international affairs Ø The supporters believe… 1) The U. S. has many domestic problems and the policy makers should focus on those exclusively 2) The U. S. should think like most countries and only worry about its own interests 3) Staying out of other countries’ affairs will keep the U. S. out of war o Realism Ø The most dominant U. S. foreign-policy after WWII Ø Realist believe… 1) Countries are dangerous and are ruled by aggressive leaders trying to dominate other countries 2) A nation’s only tool for stopping an aggressive country is action 3) Avoiding participation in world affairs would lead to the U. S. becoming victims of another nation’s aggression 4) The U. S. must sometimes use force simply to show that it is military strong

Goals and Principles of U. S. Foreign Policy Principles of Foreign Policy o Neoisolationism The prefix neo, or new, serves to distinguish this doctrine from traditional isolationism Ø Supporters believe… 1) The U. S. should keep its foreign involvement to a minimum 2) The U. S. should not interfere in other countries’ internal affairs (called noninterference) 3) It is ethically necessary to avoid war o Idealism Ø Supporters believe… 1) Internationalist motivations are based on what is good for other countries as well as for the U. S. 2) Decision makers should take into account the interests and rights of people both inside and outside the U. S. 3) U. S. government should support democratic values everywhere 4) That supporting tyrannical governments is wrong 5) U. S. foreign policy should protect American ideals

Making Foreign Policy Summit conferences – meetings between the heads of states of two or more nations Presidential doctrines – do not pass through the legislative process and are intended to set the direction of foreign policy Role of the President ü Influence Through General Acceptance § The primary reason that the people and Congress have allowed the president to assume this authority is that dealing with foreign governments and international crises often requires decisiveness and speed § Even when urgency is not an issue, Congress generally has accepted presidential influence over foreign policy ü Influence As Commander in Chief § Can also undertake military action in times of crisis without seeking congressional approval § Presidents have used this power not only in ordering short-term military strikes but also in committing military forces to serve in what have been called undeclared wars ü Influence Through Executive Agreements § These agreements do not require ratification by the Senate

Making Foreign Policy Embassies – diplomatic centers Consulates – deal with U. S. commercial interest Ambassadors – chief diplomatic official at each embassy Role of the U. S. Department of State ü Organization and Structure • Organized into bureaus dealing with U. S. relations with specific regions of the world and bureaus dealing with foreign-policy issues including human rights, drug trafficking, international economic and business affairs, and environmental and scientific matters ü Maintaining Embassies and Consulates • The U. S. maintains embassies in about 130 foreign countries • Ambassadors are appointed based on their foreign-service records • To protect U. S. commercial interest in foreign countries, the United States maintains consulates in many of the world’s major commercial centers

History of U. S. Foreign Policy Truman Doctrine – a speech in which Truman announced a basic U. S. foreign-policy strategy that would remain in place for the next 40 years Containment – reflected the idealist and realist principles and was based on the view that communism threatened democratic values Background: U. S foreign policy is to promote democracy and use national security for powers apposing U. S. interest Cold War Post WWII, the Soviet Union used its troops to establish power over Eastern Europe. As a result, the U. S. used containment to keep the Soviet Union from setting up communist governments outside of Easter Europe. Cuban Missile Crisis – In 1959 Cuba’s pro-American dictator was overthrown by the Anti-Americanism group led by Fidel Castro. Fidel turned to the Soviet Union who began installing nuclear weapons in Cuba. JFK announced a naval blockade to stop ships carrying missiles to Cuba. Result – Six days after the blockade, the Soviet Union withdrew its nuclear missiles from Cuba

History of U. S. Foreign Policy The Collapse of the Communism ~ Relations between the United States and the Soviet Union improved dramatically after Mikhail Gorbachev became the general secretary of the Communist Party’s Central Committee in 1985 and the Soviet president in 1988. Gorbachev initiated a program of reforms in 1987 that expanded the freedoms and reformed the political process. These programs called for… • Greater openness • Economic restructuring. In 1989 Gorbachev decided not to block anticommunist in Eastern Europe which resulted in the collapse of all the communist governments

Foreign Aid and Alliances Foreign Aid - Economic and military assistance to foreign countries The Marshall Plan o Proposed by George Marshall, secretary of state under President Harry Truman o Was an economic program that poured around $13 billion into the 16 nations of Western Europe (1948 -1952) o Nations were suffering because of the financial burdens of WWII USAID (U. S. Agency for International Development) • Works to help achieve U. S. foreign policy goals in five principal areas… 1. Promoting economic growth 2. Advancing democracy 3. Delivering humanitarian support to victims of disasters 4. Promoting public health 5. Protecting the environment

Foreign Aid and Alliances Defense alliances – agreements in which nations pledge to come to each other’s aid in case of attack Collective security – the ensuring of peace through the guarantee of mutual defense Bilateral alliances – security agreements between two nations Multilateral treaty – agreement signed by several countries North Atlantic Treaty Organization (NATO) q Formed in 1949, four years into the Cold War q All member countries agreed that “an armed attack against one or more of them in Europe or North America shall be considered an attack against them all. ” q An example of a multilateral treaty q Includes 12 members today q For more than 10 years the focus of this alliance was mutual defense against Soviet aggression