THE EXECUTIVE BRANCH

Who Makes Up The Executive Branch

&

The Cabinet

Who elects the President?

?

How the Electoral College works.

The Mechanics

• The Presidential Election should be viewed as 51 separate elections each with a “winner take all” system

• To win a candidate must get a majority of 538 votes or 270

• Each state is represented in the Electoral College according to their total number of members of Congress

The Mechanics Cont’d

• Pennsylvania has 2 senators and 19 representatives. This means that Pennsylvania has 21 electoral votes

• California, the most populous state, has two senators and 52 representatives. This gives California 54 electoral votes

• Wyoming, the least populous state, has two senators and 1 representative. This gives Wyoming 3 electoral votes

The Mechanics Cont’d

• The total electoral vote of 538 is based on 100 senators, 435 representatives for the 50 states. The 23rd Amendment gave Washington, DC 3 electoral votes

• The candidates compete in 50 states and DC for electoral votes and the winner must have at least 270

• The Electoral College always works when there are only two candidates

The Mechanics Cont’d

• If there are more than two candidates, the system might not work

• If the system does not work, the House elects the President and the Senate elects the Vice-President. This has not happened since 1824.

What the Individual Vote Means

• Individual votes count only in the state where they are cast

• When all states have voted, the candidate with the most votes in each state gets all the electoral votes of that state

• In December, following the November Election, the winning electors in each state go to their respective state capitals and cast their votes and send them to Congress

Electoral College Delegates

• The delegates are chosen by the political parties in each state

• Historically, the delegates have been 99.9% loyal to their party

• After the combined votes in 50 states and DC are counted by a joint session of Congress, the election is official

Disadvantages of the Electoral College System

• Complex

• The person with the most votes may not win…– Unpopular President

• 1876, Rutherford B. Hayes

• 1888, Benjamin Harrison

• 2000, George W. Bush

Advantages

• Preserves the federal system-winning individual states is important. Without the Electoral College, state lines mean nothing

• Preserves the two party system

• Keeps our politics moderate-extreme parties have little chance of winning any state

Conclusion

• The system is not likely to change because of the difficulty of amending the Constitution

• Why fix it if it is not broken?

Popular Election

• What day do we vote in a general election?• How does the government ensure fair voting?• How do you register to vote?• What is an absentee Ballot?• What is a ward and precinct?• Who Votes? (American Voting Behavior)

Can the electors stray in their vote?

• Yes– Since the founding of the Electoral College,

there have been 156 faithless Electors. • 71 of these votes were changed because the

original candidate died before the day on which the Electoral College cast their votes.

• 3 of the votes were not cast at all as three Electors chose to abstain from casting their Electoral vote for any candidate.

• 82 Electoral votes were changed on the personal initiative of the Elector.

Most Recent Faithless Elector

•     2000 - Barbara Lett-Simmons (Democrat, District of Columbia)In the most recent act of Elector abstention, Barbara Lett-Simmons, a Democratic Elector from the District of Columbia, did not cast her vote for Al Gore as expected. Her abstention was meant to protest the lack of Congressional representation for Washington, DC. Lett-Simmons was the first Elector to abstain from voting since 1832. Her abstention did not affect the outcome of the election

Election 2000

Election Of 2004

Electoral Problem Set

Problem Set

What is the job of the Executive Branch

• To carry out (execute) Laws

What types of laws do they enforce?

• Federal

What individuals/departments make up the Executive Branch?

• Pres.

• Vice Pres.

• Cabinet

Roles of the President

• Chief Executive

• Chief Of State

• Commander In Chief

Chief Executive

• Grant pardons

• Grant Reprieves

• Negotiate treaties

• Appoint Officials and Judges

• See that the law is carried out.

Terms

• Pardon—Forgiveness of a crime

• Reprieve– Temporary delay

Famous Pardons• Richard Nixon (Ford, 1974) • Vietnam draft resisters (Carter, 1977; amnesty)

Pardon Of The Thanksgiving Turkey

Obama Turkey Pardon

• http://www.telegraph.co.uk/news/newsvideo/?bcpid=4464161001&bctid=52673130001

Bush Pardon 2009

Possible Changes to Presidential Pardons

• Constitutional Amendment -

Chief Executive: Making Legislation

• President makes lawmaking plans known to Congress through formal reports

• State of the Union Address– Opportunity to push agenda

Chief Executive: Making Legislation

• Budget Message– Actual and expected income and

expenditures for the federal gov’t– Budget Overview– Budget Concerns

Chief Executive: Approve Legislation

• President’s options– Sign the bill – making it into law– Veto– Do nothing – bill will become law after ten

days without the President’s formal consent

Presidential Vetoes (2003) Regular Pocket Total Overridden

F. D. Roosevelt 73rd–79th 372 263 635 9

Truman 79th–82nd 180 70 250 12

Eisenhower 83rd–86th 73 108 181 2

Kennedy 87th–88th 12 9 21 —

L. B. Johnson 88th–90th 16 14 30 —

Nixon 91st–93rd 26 17 43 7

Ford 93rd–94th 48 18 66 12

Carter 95th–96th 13 18 31 2

Reagan 97th–100th 39 39 78 9

G.H.W. Bush1 101st–102nd 29 15 44 1

Clinton 103rd–106th 36 1 37 2

G. W. Bush 107th–108th 1 — 1 —

Total   1,485 1,066 2,551 106

Chief Executive: Special Session

• President can call either or both houses of Congress into special session

• Cannot determine the legislative agenda

Chief Executive: Spending Powers

• Emergency Fund

– Money to spend on unexpected crises, national emergencies, etc.

• Impoundment – refusing to spend money authorized by Congress

Chief Executive: Treaty Making

• Treaty – formal agreements with foreign nations– Must be ratified by 2/3 of the Senate

Negotiate Treaties

• SALT

• SALT 2

• ABM Treaty

• North Korea

Power to Appoint

• Secretary Of State

• Attorney General

• Judges

Chief Executive: Executive Privilege

• The right to withhold information from congress and the courts

• US v. Nixon (1974)

Chief Of State

• Symbolic Leader– Tosses out first pitch of Major League season– Hosts the Whitehouse Easter egg hunt

Presidents tossing first pitch of the Major League Season

Mrs. Cheney reads to children in attendance of the Whitehouse Easter Egg Roll

Commander In Chief

• The top leader of our military– Deploys troops– Makes strategic decisions– Orders the use of nuclear weapons

Undeclared Wars

War Powers Act

Salary and Benefits

• Salary---$400,000 a year

• Travel account $100,000 a year

• $50,000 expense account

• Living at the Whitehouse rent free– Private gym, pool, library, bowling alley, and

movie room– 100 staff members including chefs,

carpenters, butlers, and florists

Perks Continued

• Camp David– 180 acre resort– Skeet Range– Pool– Tennis

• Transportation– 12 jets, 8 helicopters, and two Air Force One

planes– The Beast

The Beast

The Beast Cont’d

• PHOTOS SHOW DOORS THAT APPEAR TO BE NEARLY 8 INCHES DEEP, WITH THICK, FIXED WINDOWS. ONLY THE DRIVER'S WINDOW HAS A SMALL SLOT THAT CAN SLIDE OPEN, WHICH WE ASSUME IS FOR PAYING TOLLS. WITH SO MUCH ARMOR ON BOARD, IT WOULD BE NO SURPRISE IF GM NEEDED TO RESORT TO USING THE BONES OF A TRUCK TO SUPPORT THE ADDED WEIGHT.

• A SOURCE AT ONE OF THE WORLD’S PREMIER SECURITY VEHICLE MANUFACTURERS SAYS THAT ARMORED CARS OF THIS MAGNITUDE ARE CAPABLE OF WITHSTANDING NOT ONLY ARMOR-PIERCING BULLETS, BUT ALSO ATTACKS FROM IEDS. A NUMBER OF ELECTRONIC COUNTERMEASURES ARE KNOWN TO EXIST THAT CAN DO THINGS LIKE JAM ENEMY COMMUNICATIONS AND PREVENT THEM FROM DETONATING ROADSIDE BOMBS REMOTELY, BUT MANY OTHERS REMAIN TOP SECRET AND ARE AVAILABLE ONLY TO CUSTOMERS AT THE HIGHEST LEVELS OF GOVERNMENT.

• THE REAL MYSTERY IS WHAT WILL BE UNDER THE HOOD WHEN THE FIRST FAMILY PULLS UP TO THE CAPITOL BUILDING TO WATCH DAD TAKE THE OATH OF OFFICE. ALTHOUGH THE PHOTOS OF THE VEHICLE WERE TAKEN LONG BEFORE THE OUTCOME OF THE ELECTION WAS KNOWN, BOTH JOHN MCCAIN AND OBAMA MADE THE DEVELOPMENT OF GREENER, MORE FUEL-EFFICIENT AUTOMOBILES HALLMARKS OF THEIR CAMPAIGNS.

• •NEVERTHELESS, A VEHICLE THAT NEEDS TO WITHSTAND A DIRECT HIT FROM AN ASTEROID IS LIKELY TO GET THE KIND OF GAS MILEAGE THAT WOULD MAKE TOYOTA PRIUS OWNERS WEEP, SO THERE ARE NO EXPECTATIONS OF IT BEING ANYTHING LESS THAN A CERTIFIED GAS GUZZLER. THAT SAID, GM DOES HAVE A NUMBER OF ETHANOL-BURNING POWERPLANTS AVAILABLE IN ITS PARTS BIN, AND EVEN OFFERS HYBRID VERSIONS OF ITS FULL-SIZE SUVS. INTERESTINGLY, THE PHOTOGRAPHER WHO CAUGHT THE BEAST IN THE WILD REPORTS HEARING WHAT SOUNDED LIKE THE DISTINCTIVE EXHAUST NOTE OF A DIESEL ENGINE COMING FROM THE CADDY, WHICH WOULD GIVE IT AT LEAST A FEW EXTRA MILES PER GALLON OVER GASOLINE AND BRING A SMILE TO EVERY TEAMSTER ALONG THE MOTORCADE ROUTE.

• IN ANY CASE, WE'LL GET A BETTER LOOK AT IT WHEN IT GOES INTO SERVICE ON INAUGURATION DAY, JAN. 20, 2009. WHETHER IT WILL COME WITH A REBATE, OR LOW INTEREST FINANCING, IS ON A NEED-TO-KNOW BASIS.

President’s Motorcade

• http://www.youtube.com/watch?v=emcrboJnfik&feature=related

Perks Continued

• Retirement– $139,000 a year– Secret Service Protection for 10 years– Speaking fees that average $100,000 per

speech

Drawbacks of the office

• 24/7 JOB

• Privacy

• Stress Of the Job

• Presidential Dilemma

• What is life like for kids in the White House

Tradition & Constitutional Changes

• Two term tradition from Washington to Hoover– FDR elected to 4 terms

• 22nd Amendment limited to two terms

• 25th Amendment created a plan for Presidential succession if the President is not able to carry out his functions.

Requirements & Traditional Qualifications

• 35 yrs.– Youngest President

• JFK

– Oldest elected President• Ronald Reagan

• Natural Born

• Live in the US for 14 yrs

Traditional Qualifications

• Male– One Female ran for VP and made it thorough the

primary• Geraldine Ferraro

• Caucasian• First African American President

– Several other African Americans have run for office• Rev. Jesse Jackson• Alan Keyes• Al Sharpton

Barack Obama

Traditional Qualifications cont’d

• Protestant– One Candidate running for President in 2004

is Jewish – One President was catholic

• JFK

• All but one have been married– James Buchanan

• Ten Have been Prior Military

Transfer of Power

• Two term tradition– Although not stated in the Constitution,

Washington began a tradition of serving only 2 terms that was followed until FDR

• After FDR, the ____ Amendment was passed to limit the President to 2 terms.

• Lame Duck Limited the time outgoing Presidents remained in office.

Presidential Succession

• President

• VP

• Speaker of the House

• President Pro Tempore of the Senate

• Cabinet Level Officers in the order of creation of their department– Sec of State– Sec of Treasury

Invocations of the 25th Amendment

• Vice Presidential replacement• Only twice have Presidents appointed Vice Presidents

under the Twenty-fifth Amendment: • Richard Nixon nominated Gerald Ford on October 13,

1973, following Spiro Agnew's resignation; Congress confirmed Ford on December 6.

• Eleven days after Ford's succession to the presidency, on August 20, 1974 he nominated Nelson Rockefeller to succeed him. Congress, after a long investigation, eventually confirmed him, and he was sworn in on December 19, 1974.

• Vice President as Acting President

On two occasions the Vice President of the United States has

acted as President• June 29, 2002• As he specifically cited Section 3 of the amendment in

his letter temporarily transferring his powers and duties, President George W. Bush invoked the provision on June 29, 2002 immediately prior to undergoing a colonoscopy, installing Vice President Dick Cheney as Acting President.

July 13, 1985• Another transfer occurred on July 13, 1985 when Ronald

Reagan transferred his powers to Vice President George H. W. Bush prior to undergoing surgery to remove cancerous polyps from his colon.

25th Amendment Controversey

• In 1981, after being shot by John Hinkley, President Reagan was rushed to the hospital and nearly died from blood loss. The president did not invoke the 25th Amendment, though his aides intensively debated whether he should. In the White House, Secretary of State Alexander Haig famously claimed that he "was in charge" pending the return of Vice President Bush.

Replacing Other Vacancies

• If the office of Vice President becomes vacant, the President appoints a new VP and the Senate confirms. Same is true for Cabinet Officers.

Presidential Powers

• Broken down into 6 categories– Executive– Legislative– Judicial– Spending– Diplomatic– Military

Executive Powers

• Executive Order---– A Presidential order to carry out the law

• Ex. Johnson used it to enforce affirmative action

• Appoint federal officials

• Power of removal

• Executive Privilege

Legislative Powers

• Recommending legislation

• Approving Legislation

• Call special Sessions of Congress

• Veto– Regular– Pocket– Line Item

Judicial Powers

• Reprieve

• Pardon

• Amnesty

• Commute

Spending Powers

• Emergency Funding

• Budget

Diplomatic Powers

• Negotiate Treaties

Creating a Cabinet

• Only Congress can create new positions.

• Cabinet members are chosen by the President and Confirmed by the Senate

Presidential Style

• Attitudes toward power– Strict

• Madison• Buchanan• Taft

– Loose• FDR• Lincoln

Presidential Style Cont’d

• Character Traits– Active President

• Exert strong leadership, chart new directions, and devise innovative policy

– FDR ---New Deal

– Passive President• Devote less time and energy and allow Congress

to take charge– Taft

• Positive President– Enjoy the power and responsibility of the

office, like the challenges and feel confident in meeting them.

• Negative Presidents– Serve out of a sense of civic duty and wish to

prove themselves. They find the job burdensome but think they should do it.

Presidential Style Cont’d

Presidential Popularity

• Gallup Poll

• Best & Worst

Transfer of Power

• Two term tradition– Although not stated in the Constitution,

Washington began a tradition of serving only 2 terms that was followed until FDR

• After FDR, the ____ Amendment was passed to limit the President to 2 terms.

• Lame Duck Limited the time outgoing Presidents remained in office.