The Executive Branch

Voices from the past “I don’t know whether you fellows ever had a load of hay fall on you, but when they told me yesterday what had happened, I felt the moon, the stars, and all the planets had fallen on me” - Harry S. Truman, the day after FDR’s death.

The Executive Branch Not only the President and Vice President Also The Cabinet and Government Agencies

Article II of the Constitution The Executive power shall be vested in a president of the United States.

Presidential Oath “ I do solemnly swear that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States.” –Article II, Constitution

Term of Office 4 year term Allowed two terms Based off George Washington’s Presidency FDR had 4 terms After his (FDR’s) death amendment made it only 2 terms or 10 years in office.

Qualifications Formal Natural born citizen At least 35 At least 14 years residency in the US Informal Military background? Executive experience? Ex: Governor Educational background Occupations Charismatic

Chief Executive 3 Main Powers 1.Appointment or Removal of key executive branch officials 2.Issuing executive orders 3.Maintaining executive privilege

Appointment and Removal Powers Constitution gives president power to appoint people to fill top posts in the executive branch Some are checked by the Senate Federal Judges Cabinet Members Ambassadors to Foreign Nations Top Military Advisors President can remove them at anytime Except Federal Judges (Lifetime)-Congress can impeach

Executive Orders A formal Rule or Regulation Instructing Executive Branch officials on how to carry out their job Controversy War Powers Act of 1973

Executive Privileges President can withhold information from congress or a court United States v. Nixon 1974 Watergate Limited the executive privilege and power

Check and Balances Review The Executive Branch is given the power to carry out the laws. It has the following checks over the Legislative Branch: Veto power Ability to call special sessions of Congress Can recommend legislation Can appeal to the people concerning legislation and more The Executive Branch has the following checks over the Judicial Branch: President appoints Supreme Court and other federal judges

Diplomatic Powers

Foreign Policy Leader- formulates the nation’s plan and procedure with dealing with other countries. Negotiating treaties 2/3 Senate Vote to approve World War I Treaty of Versailles never approved Diplomacy- the art of negotiating with foreign countries

Diplomatic Cont. Executive Agreements Agreements between President and Foreign Governments Ex: NAFTA North American Free Trade Association Diplomatic Recognition Recognizing the legitimacy of a foreign country Ex: Harry Truman recognized Israel in 1948, Controversial today

Military Powers Commander in Chief Congress has power to declare war President has called out the armed forces over 200 times (executive orders) Only 5 has Congress declared war Post-Vietnam saw the War Powers Act follow Modern times the Iraq War 2002

Roles (Official and Unofficial) Head of State—Chief of State Chief Executive Chief Legislator-Chief Agenda Setter Economic Planner Party Leader Chief Diplomat-Foreign Policy Leader Commander in Chief

Roles Head of State—Chief of State a. Represents the Nation b. Performs ceremonial duties (hosts kings, queens, gives awards)

Roles Chief Executive Head of Executive branch (enforces laws and programs) Tools that enforces laws Executive order-detailed instruction w/force of law Appointments Remove officials they appoint Executive privilege- president’s right not to turn over document or testify on executive confidential business Grants reprieves-postponement from punishment and pardons-release from prison or removal of a crime/penalty from criminal record Grants amnesty- forgiving of a crime (no punishment)

Roles Chief Legislator-Chief Agenda Setter State of the Union Address- describes the Pres. ideas about how to solve problems May give political favors for support May threaten to veto a bill to get Congress to stop or make changes to bills

Roles Economic Planner Submits an annual economic report (includes unemployment, GDP, etc.) Prepares budget every year Promotes high employment, production and purchasing power

Roles Party Leader Gives speeches to help members running for reelection Fundraiser for party

Roles Chief Diplomat-Foreign Policy Leader Directs US foreign policy Makes treaties-agreements between countries Executive agreements-agreements between heads of states which do not require Senate approval May refuse to recognize the legal existence of other countries

Roles Commander in Chief Can send troops Responsible for key military decisions Authority to use atomic/nuclear weapons

Some Powers Enacted by Past Presidents Thomas Jefferson purchased LA Territory --the Constitution does not state a President can acquire territory Abraham Lincoln jailed opponents of the Union without trials and blocked ports Theodore Roosevelt stated it is the President’s duty to “do anything that the needs of the nation demanded” F.D.R. persuaded Congress to create new social and economic programs (The New Deal) --Americans began to expect the Pres. To deal directly with the nation’s economic and political life

POWER Congress has been a source of presidential power when they work together well A. LBJ reported destroyers attacked a US warship in the Gulf of Tonkin --Congress passed the Gulf of Tonkin Resolution (gave president power to take necessary steps including armed force to protect Americans in SE Asia) B. Congress asked for President leadership from FDR during the Depression

POWER Media --TV and radio can give the President great power

POWER Limits on Presidential power Congressional overrides of vetoes Congress can impeach the president The Courts can limit the president with judicial review The Bureaucracy may limit needed information Public opinion may cause presidents not to run for re-election

Removal from Office The president shall be removed from office if convicted in an impeachment trial Crimes Treason Bribery Other high crimes and misdemeanors This also applies to the Vice President Two Presidents were Impeached Andrew Johnson Bill Clinton Richard Nixon resigned before impeachment

Line of Succession The order successors to the presidency if the president is unable to serve as specified in the Constitution 1.Vice President 2.Speaker of the House 3.President pro tempore of the Senate 4.Secretary of State Line continues by each of the 14 heads of the Cabinet departments, in the order in which their offices were created by Congress

Vice President 1 st in line in succession. Changed very much from earlier VPs Duties Presides over the Senate Votes in deadlock (50-50) Role in 25th Amendment Helps decide the question of Presidential disability Debate whether VP is an Executive or Legislative position or both.

Federal Bureaucracy Bureaucracy- Large, complex administrative structure that handles the everyday business of the federal government Bureaucrats- civil servants who work for the Federal Bureaucracy

Bureaucracy Cont. Federal government is the largest organization in the country Consists of four main groups: The White House staff The Executive Office of the President Executive departments Independent agencies

White House Staff Consists of about 400 people Chief of Staff Jack Lew President’s most loyal aid “Gate-keeper”—controls who talks to president and who does not Provide guidance and advice on issues

Executive Office of the President About 1,800 employees Perform a variety of specialized tasks for President Ex: Office of Management and Budget—aids president in developing budget proposal to Congress National Security Council (NSC)—advises president on foreign and defense policy

Executive Departments Carry out work of government in broad areas of public policy President’s “cabinet”

Cabinet Departments State Treasury Interior Agriculture Justice Commerce Labor Defense Health and Human Services Housing and Urban Development Transportation Energy Education Veterans Affairs Homeland Security- last in line of presidential succession

Independent Agencies Independent establishments are created by Congress to address concerns that go beyond the scope of ordinary legislation. These agencies are responsible for keeping the government and economy running smoothly. Ex: AMTRAK, NASA, FDIC, Social Security Administration, USPS (postal service)

Regulatory Commissions Independent of all three branches Impartial Appointed by the president, approved by the Senate Unlike Bureaucrats, They do not report to the president and cannot be fired or removed by president Impact our daily lives Example: Nuclear Regulatory commission