The Executive Branch The Law-Enforcing Branch of Government

Source of Executive Branch The Executive Branch of government was set up under Article II of the U.S. Constitution. It was created to be the law-enforcing branch of government (it carries out the laws passed by the legislative branch). It is led by the President of the United States.

Qualifications for President 3 requirements: –At least 35 years of age –A native born U.S. citizen –A resident of the U.S. for at least 14 years *There has been some controversy over whether the 14 years must be consecutive or what and what qualifies as a true native born U.S. citizen

Qualifications for President Although the following are not requirements, they are stereotypical characteristics of our past presidents: –White –Male –Protestant Christians –Most have won elections before –Most have a college education –Many have had military service –Many have been lawyers –Most came from states with large populations –Most have served in political offices before –Most have been active in their communities

President Barack Obama resident_obama/

Electing a President Presidential elections occur every four years in years evenly divisible by 4 (2000, 2004, 2008, etc…) A compromise at the Constitutional Convention determined who would elect the president- some people wanted Congress to choose the president, while others wanted the people to decide. A compromise was reached with the Electoral College- an indirect method of election.

Electing a President The electoral college is made up of electors from each state who vote for one of the major candidates. The process for selecting electors varies throughout the United States. Generally, the political parties nominate electors at their State party conventions or by a vote of the party's central committee in each State. Electors are often selected to recognize their service and dedication to their political party. They may be State elected officials, party leaders, or persons who have a personal or political affiliation with the Presidential candidate. Then the voters in each State choose the electors on the day of the general election. The electors' names may or may not appear on the ballot below the name of the candidates running for President, depending on the procedure in each State.

Electing a President The Constitution contains very few provisions relating to the qualifications of electors. Article II, section 1, clause 2 provides that no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. As a historical matter, the 14th Amendment provides that State officials who have engaged in insurrection or rebellion against the United States or given aid and comfort to its enemies are disqualified from serving as electors.

Electing a President The electoral college is made up of electors from each state who vote for one of the major candidates. The people of the U.S. vote for President on the ballot, but we are actually voting for a list of presidential electors pledged to that candidate so if most people in NC vote for president candidate X then the electors pledged to that candidate get to vote for X.

Electing a President The number of electors per state is determined by adding the number of representatives from that state (determined by population) to the number of senators of that state (2 per state). In NC, we have 13 representatives in the House of Representatives and 2 senators in the Senate so we have a total of 15 electors in the Electoral College. Larger populated states have more representatives and as a result more electors.

Electing a President There are 538 electors total- 435 from the total number of representatives, 100 from the total number of senators, and 3 from the District of Columbia through the 23 rd amendment to the Constitution

Electing a President Sometimes a presidential candidate may win the popular vote but not the electoral college vote- the electoral college vote is the one that counts. If a candidate wins a state by even a small margin, all the electoral votes from that state go to that candidate- this is called the winner-take-all system (only Nebraska and Maine can split it up). This really makes it difficult for third-party candidates to win electoral votes.

Candidate X 1. 5,000, electoral 2. 3,000, electoral Candidate Y 1. 4,999, ,000, electoral

No Legal Requirement Electors in these States are not bound by State Law to cast their vote for a specific candidate: ARIZONA - 10 Electoral Votes ARKANSAS - 6 Electoral Votes DELAWARE - 3 Electoral Votes GEORGIA - 15 Electoral Votes IDAHO - 4 Electoral Votes ILLINOIS - 21 Electoral Votes INDIANA - 11 Electoral Votes IOWA - 7 Electoral Votes KANSAS - 6 Electoral Votes KENTUCKY - 8 Electoral Votes LOUISIANA - 9 Electoral Votes MINNESOTA - 10 Electoral Votes MISSOURI - 11 Electoral Votes NEW HAMPSHIRE - 4 Electoral Votes NEW JERSEY - 15 Electoral Votes NEW YORK - 31 Electoral Votes NORTH DAKOTA - 3 Electoral Votes PENNSYLVANIA - 21 Electoral Votes RHODE ISLAND - 4 Electoral Votes SOUTH DAKOTA - 3 Electoral Votes TENNESSEE - 11 Electoral Votes TEXAS - 34 Electoral Votes UTAH - 5 Electoral Votes WEST VIRGINIA - 5 Electoral Votes

Legal Requirements or Pledges Electors in these States are bound by State Law or by pledges to cast their vote for a specific candidate: ALABAMA - 9 Electoral Votes –Party Pledge / State Law - § ALASKA - 3 Electoral Votes –Party Pledge / State Law - § ; CALIFORNIA - 55 Electoral Votes –State Law - § 6906 COLORADO - 9 Electoral Votes –State Law - § CONNECTICUT - 7 Electoral Votes –State Law § DISTRICT OF COLUMBIA - 3 Electoral Votes –DC Pledge / DC Law - § (g) FLORIDA - 27 Electoral Votes –Party Pledge / State Law - § (1) HAWAII - 4 Electoral Votes –State Law - §§ to MAINE - 4 Electoral Votes –State Law - § 805

Legal Requirements or Pledges Electors in these States are bound by State Law or by pledges to cast their vote for a specific candidate: MARYLAND - 10 Electoral Votes –State Law - § 20-4 MASSACHUSETTS - 12 Electoral Votes –Party Pledge / State Law - Ch. 53, § 8, Supp. MICHIGAN - 17 Electoral Votes –State Law - § (Violation cancels vote and elector is replaced). MISSISSIPPI - 6 Electoral Votes –Party Pledge / State Law - § (3) MONTANA - 3 Electoral Votes –State Law - § NEBRASKA - 5 Electoral Votes –State Law - § NEVADA - 5 Electoral Votes –State Law - § NEW MEXICO - 5 Electoral Votes –State Law - § to (Violation is a fourth degree felony.) NORTH CAROLINA - 15 Electoral Votes –State Law - § (Violation cancels vote; elector is replaced and is subject to $500 fine.)

Legal Requirements or Pledges Electors in these States are bound by State Law or by pledges to cast their vote for a specific candidate: OHIO - 20 Electoral Votes –State Law - § OKLAHOMA - 7 Electoral Votes –State Pledge / State Law - 26, §§ ; (Violation of oath is a misdemeanor, carrying a fine of up to $1000.) OREGON - 7 Electoral Votes –State Pledge / State Law - § SOUTH CAROLINA - 8 Electoral Votes –State Pledge / State Law - § (Replacement and criminal sanctions for violation.) VERMONT - 3 Electoral Votes –State Law - title 17, § 2732 * VIRGINIA - 13 Electoral Votes –State Law - § (Virginia statute may be advisory - "Shall be expected" to vote for nominees.) WASHINGTON - 11 Electoral Votes –Party Pledge / State Law - §§ , , Supp. ($1000 fine.) WISCONSIN - 10 Electoral Votes –State Law - § 7.75 WYOMING - 3 Electoral Votes –State Law - §§ ;

Electing a President Although during most elections, the winning presidential candidate is announced the evening of the election, the formal election by the electoral college doesn’t take place until December. At that vote, the candidate who gets a majority wins the election (270 votes out of the total votes).

Electing a President What happens if no presidential candidate gets 270 electoral votes? If no candidate receives a majority of electoral votes, the House of Representatives elects the President from the 3 Presidential candidates who received the most electoral votes. Each State delegation has one vote. The Senate would elect the Vice President from the 2 Vice Presidential candidates with the most electoral votes. Each Senator would cast one vote for Vice President. If the House of Representatives fails to elect a President by Inauguration Day, the Vice-President Elect serves as acting President until the deadlock is resolved in the House.

Term of Office for a President Presidents serve four year terms. Originally, the Constitution placed no term limit on the president. The 1 st president, George Washington, served two terms and decided not to run again, which served as an example to future presidents. Franklin D. Roosevelt was elected 4 times. After his presidency, an amendment was passed limiting the president to a maximum of 2 terms or 10 years- this was the 22 nd amendment.

Roosevelt

Salary and Benefits Presidents receive a salary of about $400,000 per year. They also receive money for expenses and travel. The president gets to live and work at the White House and has a domestic staff there of more than 80 people. The president also has use of Camp David, a large estate in Maryland, that serves as a retreat and a place to host foreign leaders.

The White House

Salaries Legislative, Executive, Judicial *as of January 2007 President $400,000 Vice President $215,700 Speaker of the House $212,100** House Majority & Minority Leaders $183,500** House / Senate Members & Delegates....$165,200** Chief Justice, Supreme Court $212,100 Associate Justices, Supreme Court $203,000 **pursuant to H.J.Res.20 congressional salary adjustments will not take effect for FY 2007

Salary and Benefits The President may use a fleet of special cars, helicopters, and airplanes. For long trips, the president may use Air Force One. The president has staff to assist him. He also has a cabinet of advisors to help him.

Vice President While the president is the head of the Executive Branch, the Vice President is the second in command. He must meet all of the qualifications of the president in case he must take over. The Vice President is elected with the president through the Electoral College system. The Constitution gives this office little power.

Biden representing the US in Latin America e-Vice-President-in-Latin-America/

Many VPs choose “projects” to push or promote. Vice President Dick Cheney pushed foreign policy and in this picture was meeting with Prime Minister Shinzo Abe of Japan, Feb. 21, 2007, at the Kantei, the official residence of the prime minister, in Tokyo.

Vice President Article I of the Constitution makes the Vice President the presiding officer over the Senate, but he or she usually only appears during a very important meeting or to break a tie. Article II of the Constitution sets up the executive branch- the chief duty of the Vice President is to assist the president in the executive branch. If a president dies in office, takes ill, resigns, or is removed from office, the Vice President becomes president.

Vice President The VP has little power unless something happens to the President. John Adams, our second president and vice president to George Washington first, summed it up nicely by saying: “I am Vice President. In this I am nothing, but I may become everything.”

Presidential Succession If anything happens to the president- death, illness, resignation, or removal from office- the Constitution states that the Vice President takes on the “powers and duties” of the presidency. That is all it said, which was not completely clear so the question was settled in 1841, when John Tyler declared himself president and took the oath of office after William Henry Harrison died, serving the remainder of Harrison’s term.

Harrison and Tyler

Presidential Succession In 1947, Congress passed the Presidential Succession Act, which describes the succession after the vice president. If the President and Vice President die or leave office, the Speaker of the House is next, then the President Pro Tempore, then the Secretary of State, and then other secretaries of the cabinet departments in order of their creation as departments.

Presidential Succession Finally, an amendment was added- the 25 th amendment elaborates on that order. It says that if the president dies or leaves office, then the vice president becomes president and chooses a new vice president. Both the Senate and House must approve the choice. The amendment also gives the vice president a role in determining whether a president is disabled and unable to do the job- in that case, the VP would serve as acting president until the president could return to work.

Presidential Succession For the succession to go past the Vice President, then the President and Vice President would both have to die or be removed from office for this to occur.