The Living Constitution Article 2 – The Executive Branch

What powers does the President possess in Government? Article 2 – The Executive Branch

Objectives

Constitutional Requirements to be President

Election of the President  Campaigns originally were supposed to be only 6 weeks, giving candidates the opportunity to take their case to the people.  The expansion of the campaign is a result of taking the nominating process out of party bosses hands and putting into the hands of voters  Campaign takes place in several stages:  Announcing candidacy  Raise funds  Primary Season  National Conventions  Presidential debates  Election Day

Election Day  The first Tuesday after the first Monday in November each leap year, the people go to the polls  President is elected by the electoral college, a system established to create a degree of separation between the voters and the President  Electoral College –  Popular elections are still held, with elector encouraged to vote by the will of the people  If no Presidential candidate received a majority, the tie breaker went to the House of Representatives

Presidential Tenure  Presidential Tenure –  In 1940, FDR broke the two-term tradition when he was nominated for and elected to a third term. He did so to maintain continuity during WWII.  22 nd amendment passed in 1951 prohibits any one person being elected President for more than two terms. A person who has served more than two years of another person’s term may be elected for only one additional term  Presidential Succession Act –  In the case of death, resignation or removal from office, the Constitution asserts that the VP succeed him/her  Presidential Disability and succession:  If the VP is vacant, the President appoints a new one with a majority vote from both house of Congress to approve  If the President is temporarily unable to fulfill duties the VP acts as sitting President until disability subsides

Presidential Cabinet  Cabinet –  The institution of the cabinet was not written into the Constitution, instead it was a tradition that arose out of Washington’s administration  As the federal government grew in complexity, the number of cabinet departments expanded  Cabinet positions are appointed by President and confirmed by corresponding Senate committee

Cabinet Meetings

Modern Cabinet Vice PresidentStateTreasuryDefenseJusticeInteriorAgricultureCommerceLabor Health and Human Services Housing and Urban Development TransportationEnergyEducation Veterans Affairs Homeland Security

ExecutiveLegislative Foreign PolicyJudicial Powers Presidential Powers

Executive Powers  The President enforces the Constitution and the laws passed by Congress. For these purposes he/she may issue executive orders  Executive Orders – Presidents issue orders without Congressional approval to: 11 22 33  Appoints cabinet members, foreign ambassadors and national security team (with approval from Congress)  Serves as ceremonial head of government and a symbol of national unity.  Bully Pulpit –  Visibility gives the President an advantage over Congress because they can take their case directly to the people

Powers over Foreign Affairs  President determines the foreign policy of the nation and is responsible for the conduct of foreign affairs.  President considered “leader of the free world”  Negotiates treaties with foreign countries (which must be approved of by Congress)  Receives foreign ambassadors and may therefore recognize or refuse to recognize foreign governments  Commander-in-Chief –  Some Presidents are involved in planning day- to-day war planning, and other Presidents allow Generals in the field to make all decisions

Commander-in-Chief

Legislative Powers  State of the Union –  The President can propose legislation for the Congress to vote on for each administrative year  As head of his political party they exercise incredible influence over members of their own party. They can sway votes to try to rally support to their cause  Patronage –  President may veto legislation that he/she disagrees with. The veto can be overturned in Congress by a 2/3 majority in both houses.  If an emergency arises, the President may call a special session of Congress and force a vote

State of the Union

Judicial Powers  Pardon –  There are public relations consequences for granting pardons, so usually Presidents only do so right before they leave office for good  With consent from the majority of the Senate, the President appoints all federal judges, including members of the Supreme Court  President’s influence in the Supreme Court lasts for a long time because Supreme Court justices serve a life term  He enforces or may refuse to enforce federal court decisions

Presidential Philosophies WeakModerately ActiveStrong