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Executive Branch
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Roots (background) Colonial America Distrust with strong executive
Royal Governor Appointed by King Clashed with colonists Distrust with strong executive Governor appointed by legislature (symbolic post) No executive branch under Articles of Confederation
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Qualifications The President AND Vice President must be
Native born citizens 35 years old A legal US resident for at least 14 years
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Terms of Office 4 year term
Eligible for re-election (Founders Framers agreed) HOWEVER…this is never written into the Constitution Tradition of 2 terms (max) set by George Washington Lasted for 150 years F.D.R. broke it! Elected 4 times!
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22nd Amendment Limits the Presidency to 2 terms or a total of 10 years
10 years? What is the President dies? The VP takes over.
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Impeachment Benjamin Franklin’s idea Chief Justice presides over trial
Legal mechanism to remove President or VP “Treason, Bribery, or other high Crimes and Misdemeanors” Chief Justice presides over trial
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Impeachment and Executive Privilege
Andrew Johnson and Bill Clinton Richard Nixon Covered up details of the Watergate scandal Claimed executive privilege in US v. Nixon (1974) Power to refuse to disclose information regarding confidential conversations or national security to Congress or the judiciary Presidents cannot refuse court orders
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Rules of Succession Vice President job created for the sole purpose of taking over for a dead President Presidential Succession Act (1947)
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25th Amendment Passed in 1967 If there is a vacancy in the Vice President position, the President can appoint a new Vice President Subject to Congress’ approval Needs a simple majority
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25th Amendment 1973, Nixon’s VP Spiro Agnew resigned and Ford was appointed Ironically, less than a year later, Ford became the President when Nixon resigned Ford then appointed Nelson A. Rockefeller to be his VP
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25th Amendment Also sets up a section that allows the VP and a majority of the Cabinet to deem a president unable to fulfill his duties VP can become “acting president” if the president is incapacitated Twice, President George W. Bush made VP Dick Cheney acting President during colonoscopies
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So many! Powers
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"The presidency has made every man who occupied it, no matter how small, bigger than he was; and no matter how big, not big enough for its demands.” —Lyndon B. Johnson
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POWERS Commander in Chief Veto Pardon Make Treaties Make Appointments
Receive Foreign Leaders Call Congress into Session
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Appointment Power Appoint “Ambassadors, other public Ministers and Consuls, judges of the supreme Court, and all other Officers of the United States” Advice and consent of the Senate Until the Clinton administration 97% of presidential nominations were approved President appoints 3,500 people Only 1, 125 need Senate approval Appoints more than 75,000 military personnel
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Appointment Power How can Presidents get around Congress?
Recess appointments! While Congress is on break, the President can make a temporary appointment
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Convene Congress State of the Union
This power was more important in the past This has happened only 27 times Examples: budget, war, natural disasters
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Make Treaties This power is checked by the Senate
Senate must have 2/3 of members approve Historical example-Treaty of Versailles by President Woodrow Wilson—not approved! How do Presidents get around the Senate? Executive agreements President can form secret arrangements with foreign nations without Senate approval
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Veto Reject bills passed by Congress
Presidents can threaten to veto. This can lead to large influence to how a bill is written.
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Commander in Chief Commander in Chief of the Army and Navy
War Powers Resolution Limit president’s authority to introduce American troops into hostile foreign lands without Congress approval This was used by President George W. Bush to invade Iraq
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Pardon Executive grant releasing an individual from the punishment or legal consequences of a crime before or after conviction, and restores all rights and privileges of citizenship Check on the Judicial Branch Impeachments cannot be pardoned Individuals or groups
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Receive Foreign Leaders
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Presidential roles
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Chief Executive In charge of 15 cabinet departments Carry out laws
Executive Order Rule or command that has the same power and force of law
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Chief Diplomat Leads foreign policy Names ambassadors
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Head of State Living symbol of the nation Greets foreign leaders
Represents all Americans at important ceremonies
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Commander in Chief Back up foreign policy with force
If need be Only the president can can order troops into battle Only Congress can declare war Congress had declared war five times President has sent troops 150 times
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Congress did not necessary like this so they passed
The War Powers Resolution President must let Congress know within 48 hours of troops leaving Troops must be home after 60 days Unless Congress approves
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Legislative Leader President tries to convince/influence members of Congress to create certain laws
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Economic Leader Plan the federal government’s budget
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Party Leader Leader of their political party
Democrat, Republican Whig, etc Gives speeches for fellow party members Fundraises
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How the executive branch works
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Executive Office Agencies
Created by FDR Most people work in the Executive Office of the President (EOP) Roughly 2,000 people Budget is $400 million
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Executive Office of the President
Led by the Chief of Staff Take care of president’s schedules Decides who is allowed to meet with the president Denis McDonough From Stillwater, MN Graduated from St. John’s and Georgetown
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Office of Management and Budget
Prepares the federal budget Monitors and oversees spending of all the other agencies
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National Security Council (NSC)
Headed by the National Security Advisor Appointed by President Includes VP, secretaries of state and defense, Director of National Security and the chairperson of the Joint Chiefs of Staff Joint Chief of Staff Top commanders from the four parts of the US armed services
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Council of Economic Advisors (CEA)
Helps president carry out the role of Economic Leader President names people to CEA but Senate must approve them Focuses on job growth and prices
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Federal Bureaucracy Agencies + 3 million people What does it do?
Agencies write rules that put laws into practice Carry out day-to-day activities Oversee certain activities
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Independent Agencies Executive agencies Deal with certain areas
Ex. NASA, CIA, Environmental Protection Agency (EPA)
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Government corporations
Owned by government Ex. US Postal Service
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Regulatory commissions
Protect the public Only Congress can remove heads of the commissions ex. FCC
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Who gets to work in the EB?
Spoils System Rewarded for political support “to the victor goes the spoils” Merit System Met certain standards Ex. tests
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