The Executive Branch President Popularly elected Outsiders Cabinet
The Executive Branch
President • Popularly elected • Outsiders • Cabinet members from outside of Congress • No guaranteed majority
The many hats of the President 1. Chief of state- head of the state, symbol of all the people of the nation. 2. Chief executive/Head of Governmentexecutive power of the USA 3. Chief administrator- Head of administration of federal bureaucracy 4. Chief diplomat- main architect of American foreign policy and spokesperson to other countries.
The many hats of the President 5. Commander in Chief- in charge of the nation's armed forces. 6. Chief legislator- Architect of public policy, both domestic and foreign, and one who sets the agenda for Congress. 7. Chief of party- Leader of political party that controls executive branch. 8. Chief citizen- Representative of the people, working for the public interest, not just the constituents of a State or congressional district, or those that voted for him/her
Qualifications • Natural born citizen • 35 years old • lived in the country at least 14 years (Not just a citizen for at least 14 years or lived in country for 14 years prior to election)
Term of Office • 2 4 -year terms; 10 year maximum • 22 nd Amendment
Pay and Benefits • $400, 000 per year plus $50, 000 in expenses • Fixed by Congress and cannot be increased or decreased during that President's term. • Fringe benefits: White House and Camp David, cars, airplanes
Divided Government • One party controls Presidency and another controls one or two houses of Congress • Truly Unified when same ideological wing of party controls both branches: • FDR • LBJ
Electoral College • Senators plus Representatives 538 • DC = 3 • Plurality Winner take all Maine and Nebraska: One vote/popular vote in each district Two votes/top state vote getter • Six weeks later…. State Capitols to vote
Electoral College • Majority of votes President • If no majority: Ø House of Representatives: ü one vote/state determined by majority of state’s delegation ü Tie disqualifies that state’s vote • Popular and Electoral Votes
Electoral College • Faithless NC elector voted for George Wallace instead of Nixon in 1969 • Faithless Kerry voter cast for John Edwards
Legitimacy of Presidency • • • Not too powerful Not too weak Checks and Balances Term limit (22 nd Amendment) Seamless transition
POWERS OF THE PRESIDENT
Powers of the President Alone • • • Commander in Chief Commission officers Pardons Convene Congress in special sessions Meet Ambassadors Enforce laws (some more strongly than others) Employ executive power Appoint officials to lesser offices Remove members of his cabinet and members of his White House staff • Remove officials at will except: all federal judges and members of independent regulatory agencies, (e. g. , Interstate Commerce Commission, Federal Reserve) • Recognition: recognize or acknowledge the legal existence of a country and establish formal diplomatic relations with foreign states
Veto • Veto Message: statement sent to Congress within 10 days of bill passing • Pocket Veto: president does not sign bill within 10 days and Congress adjourns after its second session • Line Item Veto (Enhanced Rescission): Unconstitutional • Override: 2/3 of each House
Executive Privilege • Justification: ØSeparation of Powers ØStatecraft • US vs. Nixon (1973) • No “absolute unqualified Presidential privilege of immunity from judicial process under all circumstances. ”
Impoundment of Funds • Presidential refusal “to spend money appropriated by Congress” • Budget Reform Act of 1974: üSpend all appropriated money üNotify Congress which money he does not want to spend üDelay spending
Shared Powers with Senate • Negotiates treaties (2/3 Senate approval for ratification) v. Most routine international agreements are made by executive agreement, which do not need Senate Approval • Appoint ambassadors, judges and high officials (majority Senate confirmation)
Shared Powers with whole Congress • Approve legislation
Increasing Power of the President • One person, rather than many • Presidents have worked to expand the powers of their office. • Industrialization, emergencies, growth of the country more dependency on Federal Government (e. g. , Great Depression) • President is stronger than Congress in foreign affairs than domestic affairs • Can appeal directly to the public • Great media and party attention
Office of the President
1. White House Office • • West Wing/"White House staff, “ Umbrella agency made up of several separate offices and staffed by the President's closest advisors and assistants. Includes the chief of staff, the counsel to the President, the press secretary, and expert advisers in many areas. No Senate confirmation
1. White House Office Organization: 1. Pyramid: Hierarchy reporting to Chief of Staff (Eisenhower, Nixon, Reagan, Bush, Clinton) 2. Circular: Cabinet secretaries and assistants report to President 3. Ad Hoc: Task forces, committees, and informal advisers and friends
2. Executive Office • Senate confirmation • Not in White House • National Security Council: VP, Sec of State, Defense Ø National crisis management, coordinate, monitor policy implementation • Office of Management and Budget: Ø Help the President coordinate legislative and budgetary proposals from the executive branch. Ø Monitors the spending of funds appropriated by Congress and oversees the management of the executive branch.
2. Executive Office • Council of Economic Advisers: Ø 3 top economists, appointed by the President and approved by the Senate. Ø President's chief source of information and advice on the economy. • Office of the U. S. Trade Representative: Ø Improve international trade relations
3. Cabinet • • Senate Confirmation Heads of 15 Departments Seated by age of department Others can be put in cabinet (e. g. , U. N. ambassador)
Independent or Quasi. Independent Agencies • • Fixed Term Federal Reserve Board (14 years) Consumer Product Safety Commission (6) Equal Employment Opportunity Commission (5) • Securities and Exchange Commission (5) • National Labor Relations Board (5) • . .
Executive Agencies • • • Heads can be removed at any time Commission on Civil Rights Environmental Protection Agency Postal Services Cabinet departments Executive office of the President
Presidential Character ACTIVE PASSIVE POSITIVE NEGATIVE high selfesteem, flexible, goal-oriented, adaptive and pragmatic genial, agreeable but easily wounded, compliant and easily manipulated compulsive, power-seeking, rigid dutiful, vague, and withdrawing from political fights
He identified four central categories of presidential types: "active-positive" (high self-esteem, flexible, goal-oriented), "active-negative" (compulsive, powerseeking), "passive-positive" (genial and agreeable but easily wounded) and "passive -negative" (dutiful, withdrawing from political fights).
Audiences of the President 1. Fellow politicians 2. Party activists 3. The Public
Vice President • Vice President cannot be removed from office by the President • If President dies, better chance of becoming president • Senate Tie Breaker • Helps evaluate if President is disabled • President declares he is unable OR 1. VP and Majority of Cabinet OR 2. 2/3 of each House
PRESIDENTIAL TRANSITION
Vice President and 12 th Amendment • Electors specify which person they wanted for President and which for Vice President • The electoral vote was State by State, with each elector casting votes for two candidates. • Originally, the candidate with the most votes became President; the runner-up became Vice President. • In case of a tie, the House of Representatives was charged with electing a President velection of 1800: tie between Jefferson and Burr
Vice President and 12 th Amendment The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice. President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;
Vice President and 12 th Amendment The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice. President shall act as President, as in the case of the death or other constitutional disability of the President.
Vice President and 12 th Amendment The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
Vice President and 25 th Amendment • • Path to the Presidency? 25 th Amendment (1967): Vice President will succeed President • • New President then nominates new Vice President m Majority confirmation vote in House and Senate Prior to 1967 was ratified, there was no procedure in place for filling a vacancy in the vice-presidency. The office was left vacant until the next election. That happened 16 times in U. S. history. The last instance was when Vice President Lyndon Johnson became President after John Kennedy's assassination in 1963. If the statutory successor does not meet the Constitutional qualifications to President, that individual is passed over.
Vice President and 25 th Amendment • • Since its ratification in 1967, the 25 th Amendment process has been invoked twice: 1973 President Richard Nixon nominated Gerald Ford to replace Spiro Agnew, who had resigned mid-term 1974, when Gerald Ford became President after Richard Nixon's resignation. He named Nelson Rockefeller to be Vice-President. Gerald Ford thus holds the distinction in American history of serving as both Vice-President and President without having been elected to either office.
Vice President and 25 th Amendment • 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. • 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
25 th Amendment Continued: Disabled President • Vice President may temporarily assume the duties of the office. The Vice President and a majority of the members of the cabinet must inform Congress, in writing, that the President is incapacitated. • If president disagrees, then 2/3 Congress is needed to remove him/her • The President may resume his duties by informing the Congress that any previous incapacitation due to disability is gone and no inability exists.
Vice President and 25 th Amendment • 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
Vice President and 25 th Amendment • 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Vice President and 25 th Amendment • Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office.
Vice President and 25 th Amendment • Thereupon Congress shall decide the issue, assembling within forty eight hours for that purpose if not in session. If the Congress, within twenty one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty one days after Congress is required to assemble, determines by two thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
Line of Succession • • • Vice President Speaker Senate President Cabinet Officers: Secretary of State….
Line of Succession (1)Vice-President (2) Speaker of the House (3) President pro Tempore of the Senate (4) Secretary of State (5) Secretary of the Treasury (6) Secretary of Defense (7) Attorney General (8) Secretary of the Interior (9) Secretary of Agriculture (10) Secretary of Commerce (11) Secretary of Labor (12) Secretary of Health and Human Services (13) Secretary of Housing and Urban Development (14) Secretary of Transportation (15) Secretary of Energy (16) Secretary of Education (17) Secretary for Veteran's Affairs (18) Secretary of Homeland Security
Impeachment • The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. • The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, • Indicted by House (majority) • Convicted by 2/3 of Senate • Andrew Johnson • Bill Clinton
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