Unit 12 The Executive Branch in the USA English for Lawyers II Snježana Husinec, PhD., shusinec@pravo.hr

The Executive Branch in the USA Remember what you have learned about the executive branch of government? Who exercises and what are its tasks? What is the difference between the parliamentary and presidential and semi-presidential system of government? Where are the powers of the president regulated? Who are the famous American presidents? Which American president is referred to as ¨the father of the nation¨?

The President of the US Read the introduction and the 1st section of the text and find the following. Who exercises the executive power at the federal level? What is the US president responsible for according to the Constitution? What are the requirements for presidential office?

The President of the US Article II. of the Constitution: “The executive Power shall be vested in a President of the United States” THE HEAD OF STATE AND HEAD OF GOVERNMENT Holds office for the term of 4 years, since 1951 limited to two terms Can be removed from office only on Impeachment Requirements for presidential candidates - must be at least 35 years of age - must be a natural born citizen - must have lived in the USA for at least 14 years

US presidential election Since 1804 conducted under the Twelfth Amendment (provides the procedure by which the President and Vice President are elected) Regulated by federal and state laws INDIRECT ELECTION ELECTORAL VOTE – voters vote for members of the U.S. Electoral College - directly elects the President and the Vice President on Election Day (the Tuesday between November 2nd and 8th) POPULAR VOTE – each state votes for members of the Electoral College; if one votes for the Republican candidate, he/she really votes for an elector who will be "pledged" to vote for the Republican candidate - the candidate who wins the popular vote in a state wins all the pledged votes of the state's electors – people vote “for the electors of a candidate”

Electoral College Directly elects the President and Vice President Electors in the College – each state allocated a number of electors equal to the number of its representatives in Congress (House+Senate) + Washington DC (the same number of Electors as the state with the smallest population ) States determine by their state legislation how their electors are to be chosen - generally selected by the political party committees within the states Electors - vote for the candidates they have pledged for (designated candidates) The states and the District of Columbia each conduct their own popular elections on Election Day

Presidential powers What, do you think, are the powers of the president? Are they always only executive? Read the text and sort out the powers into the following table. Executive powers Legislative powers Judicial powers

Role of the President in the legislative procedure When a bill has been through the proper procedure in the House of Representatives and the Senate, it comes to the president, who may: Sign it and make it into a law; Veto it– in this case, the bill goes back to the Congress and is voted on again; it can be overriden if voted on positively by two-thirds of each house; (regular veto) Put a pocket veto – ignore it during the period of 10 days; if on the 10th day the Congress is in session the bill becomes a law; if the Congress adjurns, the bill dies.

Comprehension check and vocabulary practice Read the text and answer the question in ex. III. Do ex. IV and V.

Impeachment Read the text and answer the questions: What is impeachment? Who can be impeached? What are the grounds for impeachment? What body has the power of impeachment? What is the role of the House and what of the Senate in the process of impeachment?

The process that enables legislative body to remove a public Impeachment The process that enables legislative body to remove a public official from office (President, Vice President all civil officers of the US) Authorized by the Constitution It consists of two parts: I an accusation or indictment – The sole power of the House of Representatives II a trial – The sole power of the Senate Civil officers = federal judges and cabinet members, but not Senators and Representatives

The grounds for impeachment defined by the Constitution TREASON BRIBERY Other HIGH CRIMES or MISDEMEANORS - an impeacheable offence is not limited to conduct which is indictable, but conduct that undermines the integrity of a public office or is in disregard of constitutional duties or involves abuse of power is generally regarded as grounds for impeachment

Impeachment Read the text on p. 110 and 111 and answer the questions in ex. I.

Translation practice Article II, Section. 2. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.