The President and the Executive Branch

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Presentation transcript:

The President and the Executive Branch

The Constitution improved on the Articles of Confederation by creating three branches of government instead of only a Congress.

One of these changes was to create an executive branch that gives tremendous power to a president whose primary job is to enforce the laws of the nation.

Constitutional Requirements To become president, the Constitution requires that a person be 35 years old or older, a resident of the United States for at least 14 years, and a natural born citizen of the United States.

Elections and Term Limits Presidential elections are held every four years, and since the passage of the 22nd Amendment in 1951, no one can serve more than ten years as president.

A vice president who takes over with less than two years left in a term may be elected twice on their own. If they become president with more than two years left, they may only be elected once on their own.

The Cabinet The president’s closest advisors are appointed by the president and conformed by the Senate with a simple majority. The only cabinet member who does not need to be confirmed by the Senate is the Vice President.

Cabinet Positions Secretary of Labor Secretary of Health and Human Services Secretary of Housing and Urban Development Secretary of Transportation Secretary of Energy Secretary of Education Secretary of Veterans Affairs Secretary of Homeland Security Vice President Secretary of State Secretary of Treasury Secretary of Defense Attorney General Secretary of the Interior Secretary of Agriculture Secretary of Commerce

The executive branch also contains approximately 16 agencies The executive branch also contains approximately 16 agencies. These agencies are usually headed by a cabinet level secretary or someone with an equivalent level of power. Examples: The Federal Bureau of Investigation The Central Intelligence Agency United States Department of State United States Department of Education United States Department of Justice United States Department of Defense United States Department of the Interior United States Department of Transportation

Activity: Presidential Line of Succession If the president is unable to serve for any reason, the Vice President takes over. If the Vice President cannot serve, the Speaker of the House of Representatives takes over. This line of succession goes all the way through each cabinet member. Create a list that shows the current line of succession. Include the name of the position, the name of the person, and their political party. If there is someone in the line of succession who is not eligible, indicate why they are not eligible. Also, what is the “designated survivor” and who has been made the designated survivor under the current president?

Removal of a President Although the president is very powerful, they are also very polarizing. At any time a significant part of the population may be unhappy with the president. A president can only be removed in very specific instances.

Impeachment Offenses that are impeachable are enumerated in the Constitution. They are, “treason, bribery, or other high crimes and misdemeanors.” The House of Representatives can decide for itself what is to be considered a “high crime” or “misdemeanor.”

The House of Representatives decides what charges to impeach a person for. Once decided, the person is, “impeached.” The trial is then held in the Senate. The Chief Justice of the Supreme Court presides over the trial. At the end of the trial the senators vote. A super-majority of two-thirds or more is needed to remove a person from office.

Two presidents have been impeached, but neither was found guilty. Bill Clinton was charged with perjury and obstruction of justice. Andrew Johnson was charged with violating the Tenure of Office Act.

First and Only Resignation In 1974, President Nixon became the first president to resign. In the course of an investigation, he was found to have possession of audio tapes made in the oval office that might have implicated him in a crime.

Nixon claimed “executive privilege” which meant he did not have to give up notes or tapes made of his private conversations. The Supreme Court ruled in U.S. vs. Nixon that U.S. presidents do have executive privilege, but that the privilege can’t be used to hide possible criminal action (rule of law). The court’s finding significantly weakened the claim of executive privilege for future presidents.

Term Expiration If a president is unpopular or possibly a candidate for impeachment, it might make sense to do nothing. Why?

For instance, if a scheduled presidential election is only a short time away, and it looks unlikely that the sitting president will win another term (or be ineligible for another term) than no extra action is necessary.

Recall Unlike many states (including Michigan) there is no way to recall someone at the federal level but many have suggested that laws be made to allow for such a procedure. Theoretically a recall would require a certain number of signatures from citizens asking for the removal of a president followed by a special election.