The Executive Branch

The Presidency

The President’s Job Description

• Chief of State: President is head of government, symbol of the country.

• Chief Executive: President’s job to execute and enforce laws.

• Chief Administrator: President head’s federal bureaucracy.• Chief Diplomat: President is spokesperson to other

countries; architect of foreign policy.• Commander & Chief: President is leader of the armed

forces.• Chief Legislator: President sets congressional agenda &

creates public policy.• Chief of Party: Leader of political party.• Chief Citizen: President is suppose to be model/ideal

citizen.

Formal Qualifications for President

• Article II of Constitution states qualifications for presidency.–Natural born citizen.– At least 35 years of age.– Lived in country for at least 14 years.

The President’s Term

• President is elected to a four year term.

• Twenty-second Amendment– Are term limits democratic?

• Suggested revisions to term limit?– Single six year term: advantages?–Unlimited number of four year terms:

advantages?

Pay & Benefits

• Congress sets President’s annual salary.– Article II, Section 1: – Annual salary of $400,000.– $50,000 annual expense account.

• Fringe Benefits:– Examples?

Presidential Succession & Vice Presidency

• If President dies, resigns, or is removed from office, who then becomes President?– Vice President– Speaker of the House– President Pro Tempore – Secretary of State– Other Cabinet members in order of precedence.– Supreme Court Justices– Governors

• Twenty-fifth Amendment/Presidential Succession Act.

Presidential Disability

• If president is disabled, who takes leadership responsibility?

• When the president resumes his duty, can his ability be challenged?

The Vice Presidency

• Constitutional duties:– Preside over the Senate– Help decide the issue of presidential disability.

• Often, office of vice president is seen as unimportant.– What do you think?– Often, political parties choose a vice-

presidential candidate who will “help balance the ticket”. What does this mean?

The Vice Presidency

• Must be ready to assume the presidency at a moments notice.

• What if the office of the vice president is vacant?– Vice President cannot be removed from

office by the President.

Presidential Selection: Framers Plan

• Original Constitutional Provisions:– Electoral College (state by states, casting vote

for TWO candidates)– The candidate with the most vote became

President, second place became Vice President.

– In case of tie House elect a President.

• Impact of Parties on Politics:– Election of 1800– 12th Amendment

Electoral College Today

• Electors are chosen by popular vote and make up the electoral college.– Group is chosen in each state & D.C. (23rd Am)

every four years.– Job: make a formal selection of President.

• The number of votes that a state has in the electoral college is equal to the number of members in BOTH houses of Congress. (NE=5, CA=55)– Party that wins the majority of the popular vote in

each state gets all that states electoral votes. – Popular votes do count!

• Electoral votes are counted on January 6th, in D.C.– What happens in case of a tie?

Flaws in Electoral College

• Votes are note distributed proportionally, so the winner of the popular vote may not win the electoral vote.

• Electors are not bound to vote for the candidate favored in popular vote.

• Elections may be thrown into the House, when voting is state by state.

Proposed Reforms:

• District Plan: – Allow electors to be elected in each

congressional district.

• Proportional Plan:– Gives each candidate the share of the electoral

vote that he/she earned in popular vote.

• Direct Popular Plan:– Electoral college would be abolished.

Presidential Executive Power

• Executing the Law:– President is responsible for carrying out the nations

laws.

• Ordinance Power:– In charge of federal bureaucracy, issues executive

orders.

• Appointing Power:– Ambassadors, judges, cabinet members.– Must be approved by the Senate.

• Removal Power:– Controversial

Diplomatic & Military Powers

• Foreign Affairs:– Usually acts through secretary of state.– Negotiate treaties, Senate must approve.

• Executive Agreements:– Pact between President and leaders of foreign

countries; DO NOT require Senate ratification.

• Recognition:– Exclusive power of the President to acknowledge the

legal existence of a country and establish formal diplomatic relations.

Military Powers

• Share military power with Congress– no limits on his/her role as commander

in chief.• Delegate much of their authority to

military personnel.• Only CONGRESS can declare war.–War Powers Resolution Act

Legislative Powers

• Gives State of the Union.• Recommends specific legislation.• Veto power.• Call special sessions and adjourn

Congress.

Judicial Powers

• Grant reprieves and pardons.– Federal law.– Reprieve: official postponement of sentence.– Pardon: Release from punishment or legal

consequences.

• Commute sentences.– Reduce length of a sentence or fines imposed.– Amnesty: general pardon offered to individual

or group o law violaters.

Executive Offices of President

• White House Staff– President’s closet advisors

• National Security Council– Advises president on issues of foreign and domestic

national security

• OMB– Helps president coordinate legislative and budgetary

proposals.

• Office of National Drug Control Policy– Prepares annual drug control policy; includes 50+

agencies.

• Cabinet – Executive departments (education, treasury, state, etc.)