The Executive Branch and Bureaucracy

Origins Delegates at the constitutional convention studied the writings on Montesquieu and Locke They studied British government and American colonial government and decided that they didn’t want a king They debated having a single or plural executive. They debated having a weak executive appointed by Congress or a strong executive independent of Congress. Compromised to create a single executive, independent of Congress, limited by checks and balances.

Qualifications for President Article II of the Constitution establishes qualifications of president: Natural-born citizen At least 35 years old Resident of U.S. for 14 years prior to election

Historic Candidates Historically candidates for president have several shared characteristics -political or military experience -married -white male -protestant -European ancestry

Term Framers of the Constitution created a single executive Elected indirectly through the electoral college Four year term 22nd amendment (1951) limited presidential terms; FDR won election four times

Succession and Disability If the president cannot serve, the vice president will assume the office. Constitution does not that the vice president will actually become president. After the assassination of JFK, the 25th Amendment was added saying that the vice president actually becomes president if the office of the president is vacated. The 25th amendment also allows the new president to nominate a new vice president; this nominee must be approved by a majority of both houses of Congress The 25th amendment is also used if a vice president resigns. This was used when Spiro Agnew resigned as vice president and was replaced by Gerald Ford in 1973 It was used when Richard Nixon resigned; Vice President Gerald Ford became president and he nominated Nelson Rockefeller as vice president.

Succession and Disability (continued) 25th amendment also states that if the president is unable to fulfill his duties, the vice president becomes “acting president” Conditions President informs Congress of inability to perform duties Vice president and a majority of the cabinet notify Congress, in writing, that the president is unable to perform duties. The President can resume duties after informing Congress there is no disability. If the vice president and majority of cabinet disagree, Congress has 21 days to decide if presidential disability by 2/3 vote in the Senate and House.

Impeachment and Removal President can be removed from office through impeachment. Impeachment is bringing charges of wrongdoing. U.S. Constitution gives House of Representatives authority to impeach president and vice president for treason, bribery, high crimes, misdemeanors. Once charges have been brought up, the Senate judges the charges Chief Justice of the Supreme Court presides over trial. If found guilty, the official may be removed from office. Conviction requires 2/3 vote in the Senate.

Two basic methods of becoming president: succeed to office or win election Many nominees seeking office have experience through elected or appointed office; many times have experience in Congress, particularly the Senate, governors, vice president, or cabinet members. Many have also been military leaders

Electoral College The Constitution and 12th amendment state that an electoral college elects the president and vice president. Each states chooses electors equal to its number of members in the Senate and House of Representatives. The method is established by state legislatures. General election – voters go to polls and vote for candidates of their choice. In December, electors of the candidates meet at the state capital and vote for president and vice president. Electoral college sends ballots to the Senate. They are counted in a joint session of Congress. A candidate must receive the majority or 270 electoral votes. If no candidate reaches 270, the House of Representatives chooses president from top three candidates. If no vice presidential candidate receives a majority of electoral votes, the Senate chooses the vice president from the top two candidates.

Vice Presidency Some ambitious politicians have avoided the vice presidency. Vice President presides over Senate, breaking ties Determine presidential disability under the 25th Amendment Take over presidency if necessary

Vice Presidency Since vice president may become president, formal qualifications are the same as president. They serve four year terms, but number of terms is not limited. Vice presidential nominees are selected at the party conventions when the president announces a running mate. Vice presidential candidates are often selected to provide balance to a ticket or appeal to a particular demographic. In more modern times, vice president is often given a larger role in government, participating in cabinet meetings, serving on National Security Council, being a representative of the president. More consideration has been given to the background, health, and qualifications of vice president.

Presidential Powers Article II of the Constitution outlines power of president. Checks and balances limit presidential power. It has been argued that presidential power has expanded in more recent years and that the president should achieve objectives through ability to persuade others, negotiation, and compromise. George W. Bush and Dick Cheney argued for expanded presidential power in domestic and foreign affairs. Presidential powers can be executive, legislative, diplomatic, military, judicial, and party powers.

Executive Powers Enforce laws, treaties, court decisions Issues executive orders Appoints officials; remove officials Assumes emergency powers Presides over the cabinet and executive branch

Legislative Powers Annual State of the Union Address (which is required by the Constitution) identifying problems, policy, proposals (president’s legislative agenda). President is expected to provide a legislative program to deal with national problems (Budgeting and Accounting Act of 1921 requires president to propose a federal budget). Issues annual budget and economic reports. Signs or vetoes bills. Proposes and influences legislation. Calls special sessions of Congress.

Diplomatic Powers Appoints ambassadors and other diplomats Negotiates treaties Meets with foreign leaders at international conferences. Receives foreign dignitaries.

Military Power Commander-in-chief of armed forces Has final decision making authority in national and foreign defense. Provides domestic order. Give examples.

Judicial Power Appoints members of the federal judiciary. Grants pardons Marbury v. Madison

Party Powers President becomes leader of the party Chooses vice-president Helps his party members get elected for other positions Appoints party members to government positions Influences party platform and politics