EXECUTIVE BRANCH

EXECUTIVE BRANCH
Barack Hussein Obama II
Jan. 20, 2009 - Present
Born: August 4, 1961
Honolulu, HI (age 51)
Profession: Community
Organizer, Lawyer, Law
Professor.
Religion: Christian
Constitutional Requirements
•Natural Born Citizen
Obama (HI), Romney (MI)
•35 years of age
Youngest = 43 Oldest = 77
•U.S. Resident for 14 years
Const. does not say consecutive
Presidential Term
• Presidents term is for 4 years
• Washington set a tradition, broke by FDR
• 22nd Amendment or “lame duck” sets it to 2
terms or 10 years
• Should the 22nd be amended?
Other Requirements
Experience
Govt./military
Money!!!
Moderate beliefs
Family man
Moral image
Protestant JFK
1960
Male
WASP
From Large state
Good VP choice
Healthy
appearance
Speaking ability
Education
No skeletons
Electing a President
7 Steps to the Presidential Election
1. Meet Constitutional Requirements
2. Announce Candidacy
3. Primaries and Caucuses
4. National Convention
5. General (Popular) Election
6. Electoral College
7. Inauguration
Announcing Candidacy
• All candidates must meet the Constitutional requirements:
natural born citizen, 35 years old, and U.S. resident for 14
years.
• Announcements are preceded by some campaigning and
measuring the odds of success.
• Official announcements are made online or at press
conferences.
Primaries and Caucuses
• Primaries and Caucuses are elections where party
members vote for the candidate to represent them in the
general election.
• Primaries run from January to May of the election year.
Iowa and New Hampshire are the first two states.
National Conventions
• Each party holds a national convention to tally the results
of the primaries and officially announce their candidate.
General Elections
• In the general election, voters make their final choice.
• The Tuesday following the first Monday in November.
• The president is not selected by popular vote, but by the
electoral college.
Electoral College
• The official selection of President is made by the Electoral
College.
• 538 electors meet in the individual states and D.C. to
formally select the President and Vice President.
• In case of a tie, the House will elect the President and the
Senate the Vice President.
Inauguration
• The electoral votes are officially counted and the
President takes the oath of office on January 20.
Presidential Succession
• 8 presidents have died while in office
• 25th Amendment after JFK set the order
• Order
• VP “heart beat away”
• Speaker of House
• President Pro temp of Senate
• Sec of State
• Then it goes in cabinet order – see handout
Presidential Disability
• VP becomes acting president in two ways
• President informs congress in writing
• VP and majority of cabinet inform congress
• President goes back to work by telling Congress
• If the VP and a majority of cabinet feel the president is not
ready to go to work they inform congress who must
decide within 21 days with a majority vote
VP Vacancy
• President appoints
• Both houses confirm by majority vote
• Spiro Agnew, Nixon’s VP resigned
• Both offices are jobs, albeit the toughest in the U.S. and
they can step down and be fired (impeached)
The Vice-Presidency
• 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.
Compensation
• $400,000
• Salary set by congress
• $50,000 allowance
• White House
• Offices and staff
• Fleet of cars
• Air Force Ones
• Camp David
• Best Health-
Care/Doctors
• Travel funds
• Secret Service for life
• Pension plan ($200k)
• Other fringe benefits
West Wing of the Whitehouse
President’s Roles
Chief of State
• The President is chief of state. This means he is the ceremonial
head of the government of the United States, the symbol of all
the people of the nation.
Chief Executive
• The Constitution vests the President with the executive power of
the United States, making him or her the nation’s chief
executive.
Chief Administrator
• The President is the chief administrator, or director, of the
United States government.
Chief Diplomat
• As the nation’s chief diplomat, the President is the main
architect of American foreign policy and chief spokesperson to
the rest of the world.
More Roles
Commander in Chief
• The Constitution makes the President the commander in chief,
giving him or her complete control of the nation’s armed forces.
Chief Legislator
• The President is the chief legislator, the main architect of the
nation’s public policies.
Chief of Party
• The President acts as the chief of party, the acknowledged
leader of the political party that controls the executive branch.
Chief Citizen
• The President is expected to be “the representative of all the
people.”
Oath of Office
• "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."
• That’s it?
• Usually done with a hand on the Bible by the Chief Justice
of the U.S.
Presidential View
• The nature of the presidency depends on how each
President views the office and exercises its powers.
•Some Presidents,
such as Teddy
Roosevelt, have
taken a broad view
of the powers they
inherited.
•Other Presidents,
like William Howard
Taft, have felt that
they cannot exercise
any power not
specifically granted
to them.
Why Presidential Power has Grown
• History – stronger presidents are popular
• Social and economic – today’s issues are
very complex and demand strong
leadership.
• Congress – given the president more
power by creating regulatory agencies
• Mass Media – attracts public attention.
• Power over Congress to force legislation
• “bully pulpit” go directly to the people.
Executing the Law
• As chief executive – enforce, administer,
carry out the law (according to the oath of
office).
• Constitutionally required of the President.
• Most presidential power is inherent,
meaning not written in the Constitution.
The Ordinance Power
• the power to issue executive orders.
• executive order is a directive, rule, or regulation that
has the effect of law.
•Often used to circumvent Congress
• Japanese internment camps
• Clinton’s protection of environmentally sensitive
federal land
• the ordinance power, arises has two sources: 1)
Constitution, 2) acts of Congress.
not mentioned in the
Constitution, but clearly
intended.
Congress hasn’t checked this
power because of the size of
government.
Appointment Power
President appoints top-ranking officers of the
Federal Government, including:
• 4,000+ positions in all which include:
ambassadors and other diplomats;
Cabinet members and their top aides;
the heads of such independent agencies as the EPA
and NASA;
all federal judges, attorneys, and U.S. marshals;
all officers in the armed forces.
The Senate must confirm all appointments.
Removal Power
The President may remove any
appointees except federal judges.
The Historical Debate
• Andrew Johnson was
almost removed over
the ability to remove
Edwin Stanton
(Tenure of Office Act
– 1866)
Power to Make Treaties
• treaty formal agreement between two or more
sovereign states.
• usually the secretary of state, negotiates.
• Senate must approve with 2/3 vote
Two Failed Treaties
• The Treaty of Versailles (WWI)
• SALT II – arms limitation with
Russia
Executive Agreements
a pact between the President and the head
of a foreign state, or a subordinate.
executive agreements do not require
Senate consent.
Executive Privilege
• The right under certain conditions for the
President to withhold or protect information
related to national defense.
• No constitutional basis
History
During Watergate scandal Chief Justice Warren
Burger recognized the constitutionality of
executive privilege but only for national security
and can be reviewable by Congress and the
Court
Power of Recognition
• the President (U.S.), acknowledges the
legal existence of another sovereign state.
Can also be used in the negative, cut off
relations with a foreign nation.
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.
Wartime Powers
• The President’s powers as commander in chief are far greater during a
war than they are in normal times.
The War Powers Resolution
• President must get written consent of Congress w/in 60 days or remove
them
• The War Powers Resolution of 1973 limits the President’s war-making
powers.
• Congress realizes that it is unconstitutional and gives the President too
much power.
• Most experts believe Congress would be better off repealing the War
Powers Act
Legislative Powers
• The Veto Power
• All legislation passed by Congress is sent to the
President for approval.
• Veto can only be overturned by a two-thirds vote
of both houses of Congress.
Line-item Veto and other Legislative
Powers
The Line Item Veto
• A line-item veto measure would allow the President to
reject specific dollar amounts in spending bills enacted
by Congress.
• In 1996, Congress passed the Line Item Veto Act;
however, it was struck down by the Supreme Court in
1998.
•Gave the President too much power (the power to amend
legislation).
Other Legislative Powers
• According to Article II, Section 3 of the Constitution, only
the President can call a Congress into special session.
Judicial Power
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
• reprieve - postponement of the execution of a sentence.
• pardon - legal forgiveness for a crime.
• amnesty - pardon to an entire group
•Example = Jimmy Carter and the draft dodgers
• powers of clemency (mercy or leniency) may be used
only in cases of federal crimes.
Bureaucracy
• The “Fourth Branch of the Government”
• 1 out of 6 people work for the government (local, state,
or federal)
• Department of Defense is the largest bureaucracy with
>1,000,000 employees
• They are administrative organizations that are to follow
written procedures and rules that facilitate their roles in
government
History of Federal Bureaucracy
• In 1829, Andrew Jackson introduced the spoils system, based on
party loyalty, which was followed until the 1890s
• After James Garfield was shot by a disgruntled office-seeker, the
Pendleton Act set up a limited merit system based on a testing
program for evaluating candidates
• By the 1950s, coverage under the merit system had grown from 10
percent of all federal employees to about 90 percent
• In 1978 the Civil Service Reform Act abolished the Civil Service
Commission and split its functions between two new agencies
• Today the Office of Personnel Management administers civil service
laws, rules, and regulations and an independent Merit Systems
Protection Board is charged with protecting the integrity of the federal
merit system and the rights of federal employees
What is Bureaucracy?
• Hierarchical authority. Bureaucracies are based on a
pyramid structure with a chain of command running from
top to bottom.
• Job specialization. Each bureaucrat, or person who
works for the organization, has certain defined duties
and responsibilities.
• Formalized rules. The bureaucracy does its work
according to a set of established regulations and
procedures.
Major Elements of Federal Bureaucracy
• The federal bureaucracy is all of the agencies, people,
and procedures through which the Federal Government
operates.
The President is the chief administrator of the Federal
Government.
In order to enact and enforce policy, Congress and the
President have created an administration—the
government’s many administrators and agencies.
•
•
Presidents appoint about 4,000 people to top positions within the
executive branch; however, many of these are confidential
assistants or special aides to cabinet officers, and many require
Senate confirmation and are not exclusively a president’s choice
Congress has a number of ways to exercise control over the
bureaucracy
• a. Establishing agencies
• b. Formulating budgets
• c. Appropriating funds
• d. Confirming personnel
• e. Authorizing new programs or new shifts in direction
• f. Conducting investigations and hearings through oversight
• g. Reorganizing authority
Cabinet
15 Cabinet departments
The Cabinet is an informal
advisory body brought
together by the President to
serve his needs.
• By tradition, the heads of
the executive departments
form the Cabinet.
• Employs 60% of federal
workers
•
•
The President appoints the
head of each of the
executive departments,
which are then subject to
Senate approval.
• Cabinet members serve as
both head of their
respective departments and
as advisors to the
President.
• State, Justice, Treasury and
Defense are usually the
closest to the President
•
Cabinet
•
•
The Constitution does not directly state a cabinet.
• Today, the Cabinet are more administrators of their depts. than advisors to
the President http://www.whitehouse.gov/government/cabinet.html
Washington established a cabinet with:
• State in 1789
• Justice in 1789
• Treasury in 1789
• Interior in 1849
• Agriculture in 1889
• Commerce in 1903
• Labor in 1913
• Defense in 1947
• Health and Human Services in 1953
• Housing and Urban Development in 1965
• Transportation in 1967
• Energy in 1977
• Education in 1979
• Veterans Affairs in 1989
• Homeland Security in 2002
Executive Office of the President
The Executive Office of the President (the EOP) is an
umbrella agency of separate agencies.
The EOP serves as the President’s right arm, staffed by
most of the President’s closest advisors and assistants.
The EOP was established by Congress in 1939.
Independent Agencies
• Created by Congress outside of Cabinet Department
• Independent Executive Agencies
• GSA – Construction and operation of federal properties
• NASA – Space exploration and research
• EPA – enforces health and environment regulations
• Independent Regulatory Commissions
• Federal Reserve – Supervises banking system and money supply
• FTC – Enforces laws prohibiting unfair business practice.
• SEC – Regulates securities and other financial markets/trading
Executive Office of the President
•Does not need
Congressional
approval
White House Office and National Security
The White House Office
• The White House Office
is comprised of the
President’s key personal
and political staff.
• Staff positions in the
White House Office
include chief of staff,
assistants to the
President, press
secretary, the counsel to
the President, and the
President’s physician.
The National Security
Council
• The National Security
Council (NSC) acts to
advise the President on
all domestic, foreign, and
military matters that relate
to the nation’s security.
• Members include the Vice
President and the
secretaries of state and
defense and other
security agencies like the
CIA.
Additional Agencies
Office of Management and Budget (OMB)
• The OMB’s major task is the preparation of the federal
budget, which the President must submit to Congress.
Office of National Drug Control Policy
• Established in 1989, this agency’s existence
dramatizes the nation’s concern over drugs.
Council of Economic Advisers
• The Council of Economic Advisers consists of three of
the country’s leading economists, and acts as the
President’s major source of information and advice on
the nation’s economy.