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The Living Constitution Article 2 – The Executive Branch
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What powers does the President possess in Government? Article 2 – The Executive Branch
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Objectives
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Constitutional Requirements to be President
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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
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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
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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
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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
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Cabinet Meetings
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Modern Cabinet Vice PresidentStateTreasuryDefenseJusticeInteriorAgricultureCommerceLabor Health and Human Services Housing and Urban Development TransportationEnergyEducation Veterans Affairs Homeland Security
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ExecutiveLegislative Foreign PolicyJudicial Powers Presidential Powers
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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: 11 22 33 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
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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
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Commander-in-Chief
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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
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State of the Union
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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
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Presidential Philosophies WeakModerately ActiveStrong
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