THE EXECUTIVE BRANCH

THE EXECUTIVE BRANCH

THE EXECUTIVE BRANCH It consists of POTUS, VPOTUS and 15 cabinet departments. Responsible for executing laws passed by Congress and foreign policy.

Electing the President

Why don t we elect POTUS by popular vote? I. Founding Fathers feared an uninformed or impassioned electorate might popularly elect a tyrant. ***SAFEGUARD: They allowed the electors to vote their conscience. II. A popular vote would enable a candidate to win by campaigning in the most populated areas of the country while ignoring issues that would be critical to others.

Each state receives a specific # of electoral votes. # of Congressmen + 2 Senators = # of Electoral Votes

ORIGINAL SYSTEM The Constitution stated that the candidate receiving the highest number of electoral votes was president. 2 nd place became VP Fixed by the 12 th Amendment

CURRENT SYSTEM The national popular vote (total # of people who vote for the candidate) is meaningless. You can win more votes and lose the election. Winner-Take-All/Plurality System The winner of the popular vote in each state wins all of that state s electoral votes.* *Except in Nebraska & Maine who use the district method. Grover Cleveland won the popular vote for the presidency but lost in the electoral college to Benjamin Harrison.

ELECTORAL COLLEGE 538 electoral votes/270 needed to win Landslide=Winning an overwhelming majority of electoral votes. If neither candidate wins a majority, the House of Representatives elects POTUS.

Formal Qualifications CONSTITUTIONAL REQUIREMENTS At least 35 years old A natural-born citizen of the U.S. A resident of the U.S. for at least 14 years

Informal Qualifications It also helps to have: Several years prior governmentparticularly executive experience; Prior military experience; Very few skeletons in your closet; Access to a lot of $$$; A middle-class background.

$alary & Benefit$ Annual Salary: $400,000 Annual Expense Allowance: $50,000 Travel Allowance: $100,000 Air Force I Retirement Pension Health Insurance Camp David access

Presidential Powers

EVOLUTION OF PRESIDENTIAL POWER The Presidency was a relatively weak institution prior to the 20 th century as Congress was the dominant branch. Presidential power has expanded due to: Internal social and economic crises Foreign policy crises Expansion of federal power by Congress that necessitated an expanded federal bureaucracy administered by the Chief Executive.

POTUS LIMITED BY: The Constitution Popular Opinion/Politics Public support for a President may impact how much support he receives from Congress for his programs. ***LAME DUCK*** A President who has either been voted out of office after his first term or is unpopular during the latter part of his second term.

Congress POTUS and Congress frequently struggle for power and often have different agendas, even under a unified government. Veto override Impeachment Treaties require Senate confirmation Cabinet and judicial appointments, ambassadorships require Senate confirmation Congressional oversight of actions taken by the executive branch

Attorney General Eric Holder testifies in the Fast and Furious arms investigation Secretary of State Hillary Clinton testifies before the House Committee on Foreign Affairs 2013 Former IRS employee testifies before House Oversight Committee 2013

The Courts Presidential initiatives or actions may be ruled unconstitutional EX: U.S. v. Nixon (1973) limited executive privilege PERCEIVED LIMITATIONS ***DIVIDED GOVERNMENT*** -When the White House and one or both houses of congress are controlled by different parties. -Generally NOT a limitation as compromises benefit both sides -Unless POTUS has an ideological majority in both houses, he is more likely to lose legislative battles

***GRIDLOCK*** -The inability of the federal government to act due to divided government. -Generally NOT a limitation as compromises benefit both sides. -Also an inherent safeguard as it prevents too many radical actions by Congress and POTUS

***IMPERIAL PRESIDENTS*** Imperial presidents will act without consultation with the other branches in order to move their agenda forward. Often done via ***executive orders/actions***-orders have the full force of law when that authority is granted by the Constitution or an act of Congress.

POTUS PROGRAM Major initiatives that POTUS seeks to enact Presidential Programs are shaped by Interest groups -They generate new ideas Aids & Advisors -They test new ideas for political soundness ( Will we have the backing of Congress and/or the public? ) Federal Bureaus and Agencies -Will know whether or not a program can even work and how to implement it. Outside Experts -Provide criticisms

Roles

Symbol of the U.S.: Represents America at special occasions, key foreign events and ceremonies. EX: Awarding medals and speechmaking. HEAD OF STATE

CHIEF EXECUTIVE Sees to it that laws passed by Congress are carried out. ***IMPOUNDMENT*** -Not spending money allocated by Congress (Congress must approve in 45 days) Appoints key officials, federal judges (Senate must confirm) Issues executive orders that affect how laws are enforced. Can fire employees of the Executive Branch. Grants pardons & amnesty

CHIEF LEGISLATOR POTUS can propose bills, act as driving force behind them and signs bills into law or vetoes them. Lobbies members of Congress to support his agenda or uses the ***Bully Pulpit*** to appeal directly to the American people. Presents his agenda to Congress in the annual State of the Union address.

COMMANDER-IN-CHIEF Decides where and how to deploy the armed forces, and the rules of engagement. Power is shared by the Secretary of Defense and the Commander of the Joint Chiefs of Staff. WAR POWERS ACT POTUS can deploy the military to a hostile area/order military operations against another country without a declaration of war for 60 days. POTUS must inform congress in writing within 48 hours.

MONITORS: Unemployment Inflation, taxation, business, Also: CHIEF ECONOMIST Does not control the economy, but policies can impact it. EX: Tax cuts/increases Prepares the federal budget

Chief Diplomat Shapes the foreign policy of the United States. Appoints and manages the ambassadors, embassies, and foreign activities of the country. Signs treaties (Senate approval required). Executive Agreements. Daily duties handled by the Secretary of State.

CHIEF POLITICIAN/PARTY LEADER Presidents help members of their party get elected or appointed to office (Coattails Effect). They make campaign speeches needed for reelection. Head of fund-raising for the party.

The Cabinet President Calvin Coolidge & his Cabinet

THE CABINET PURPOSE -Advise POTUS -Carry out the laws The Cabinet The President nominates and the Senate must confirm the nominee. President will usually reward loyal party members and may often select 1 position from the opposition party. Multiculturalism is often taken into consideration.

The Cabinet

The Cabinet

The Cabinet CABINET SECRETARIES Often have conflicting loyalties due to their personal backgrounds, relationship to special interests and rivalries EX: Hamilton & Jefferson POTUS doesn t have much control over them. Don t usually last two-terms.

OTHER OTHER ELEMENTS OF THE EXECUTIVE BRANCH WHITE HOUSE OFFICE -Special advisors and assistants to POTUS -Don t require confirmation EXECUTIVE AND INDEPENDENT AGENCIES -Heads of Executive agencies can be removed at any time; Independent agency heads serve for fixed terms -EX (EXECUTIVE AGENCIES): NASA, USPS, Small Business Administration -EX (INDEPENDENT AGENCIES): Federal Reserve Board, FCC, FDIC, Federal Trade Commission, Consumer Product Safety Commission

OTHER EXECUTIVE OFFICE -Agencies of the ExBr that report directly to POTUS -Confirmed by the Senate EX: Office of Management and Budget (OMB) -Analyzes the feasibility of programs, helps prepare the federal budget and develops better ways of gathering information about government programs ***RULE OF PROPINQUITY*** Whomever is in the room when the decision is made has the most power. The closer your office it the Oval Office, the more influence you have over POTUS

PRESIDENTIAL SUCCESSION 22 nd Am. limits POTUS to two terms + two years of the previous POTUS term if necessary. (10 years total) 25 th Am.: VP takes over if POTUS dies. Presidential Succession Act of 1947 -Speaker of the House and President Pro Tempore followed by Cabinet Secretaries take over if POTUS & VP die/resign.

PRESIDENTIAL SUCCESSION PRESIDENTIAL INCAPACITY 25 th Am also says VP & majority of the Cabinet can decide if POTUS is mentally or physically unable to be POTUS and remove him.

FIN