Executive Branch
Duties of the
president
• Commander in chief of the nation’s military
• Makes decisions on how to deploy troops stationed worldwide and
the defense budget
• Appoints head of executive departments, federal court judges
and other top officials
• Senate approval needed
• Makes treaties, meets with heads of state, hosts foreign officials
and appoints ambassadors to represent the U.S
• Makes sure all laws of the U.S are “faithfully executed”
• Lawmaking power
President’s term
• 22nd Amendment: (1951) secures
the presidential limit of two terms
• Also allows a vice president who
takes over the presidency and
serves two years or less to serve
two additional terms- in total up
to 10 years
• Born out of FDR’s 4 terms and
concern over two much executive
power
President’s Salary
and Benefits
• President does receive compensation but it is up to Congress to
determine
• In 2001, the most recent salary increase, the president receives
$400,000/year in taxable salary and a $50,000 non-taxable
expense account for expenses connected with official duties
• Congress cannot increase/decrease the salary during a
president’s term
• Other benefits: Air Force One, planes, helicopters, limos, ect
• Free medical and dental care
President’s Salary
and Benefits
• After they retire…
• Lifetime pension of $148,400/year
• Free office space, mailing services and $96,000/year for office help
• Upon death their spouse can receive a pension of $20,000/year
The white house
• 132 rooms
• Swimming pool, bowling alley, movie theater, tennis/basketball
courts, flower shop
• Domestic staff does cooking, cleaning, shopping, maintenance,
ect.
• Gov’t pays for expenses of operating White House however all
personal entertainment not directly related to gov’t business is
paid by the president
Presidential
Succession
• 8 U.S presidents have died in office and after JFK many realized
the rules for succession as laid out in the constitution were
inadequate
• 25th Amendment: ratified in 1967- established order of
succession and spells out what happens when the vice
presidency becomes vacant
• First applied in 1973 with resignation of Spiro Agnew
• If the presidency and vice presidency are vacant at the same
time the Presidential Succession Act of 1943 establishes the
order
Current Succession
#
Office
Current officer
1
Vice President of the United States
Joe Biden (D)
2
Speaker of the House
John Boehner (R)
3
President pro tempore of the Senate
Patrick Leahy (D)
4
Secretary of State
John Kerry (D)
5
Secretary of the Treasury
Jacob Lew (D)
6
Secretary of Defense
Chuck Hagel (R)
7
Attorney General
Eric Holder (D)
—
Secretary of the Interior
Sally Jewell (D)[a]
8
Secretary of Agriculture
Tom Vilsack (D)
9
Secretary of Commerce
Penny Pritzker (D)
10
Secretary of Labor
Thomas Perez (D)
11
Secretary of Health and Human Services
Kathleen Sebelius (D)
12
Secretary of Housing and Urban Development
Shaun Donovan (D)
13
Secretary of Transportation
Anthony Foxx (D)
14
Secretary of Energy
Ernest Moniz (D)
15
Secretary of Education
Arne Duncan (D)
16
Secretary of Veterans Affairs
Eric Shinseki (I)
17
Secretary of Homeland Security
Jeh Johnson (D)
Presidential
Disability
• 25th Amendment also sets forth series of rules to be followed if
a president becomes disabled
• VP assumes the role of President after the Pres informs
Congress of an inability to perform the duties of office
• If the Presidents is unwilling or unable to inform Congress, the VP
and a majority of the cabinet can inform
• If there is an issue between these two parties, Congress must
settle the dispute within 21 days
• VP only stays in power if Congress decides by 2/3 in both houses
Vice president’s role
• 2 main duties
• Preside over Senate and vote in case of a tie
• Decides whether the President is disabled and acts on their behalf
• VP’s work and power depends upon what responsibilities the
President gives him
• 14 VPs have become president
• Since the 60’s VPs have had more power
• Represent president overseas, attending ceremonial functions, visit
heads of states and make speeches
• Member of the National Security Council
Electoral College
Original System
• Article II, Section 1 established the Electoral College
• Each state would choose electors based on system state
legislature set up
• Each state would have as many electors as senators and reps in
Congress
• At election time electors in each state would cast a vote for two
candidates
• Electoral votes from all states would be counted in joint session
on Congress- majority of votes would be president and second
highest would be VP
Impact of Political
parties
• By 1800 two parties emerged: Federalist and DemocraticRepublicans
• Each party nominated its own candidate for pres and vice pres
• Election of 1800 between Jefferson and Burr showed the flaw in
this system- both from same party but ended up in a tie
• Jefferson elected press and Burr vice pres
• 12th Amendment added in 1804 to solve this problem
• Requires that electors cast separate ballots for president and vice
president
• Also, if no candidate receives majority of electoral votes then
House chooses from top 3 pres candidates & Senate chooses top 2
vice pres candidates
Electoral college
system today
1. November- all eligible citizens may vote for a ticket (president
and vice president)
2. Outcome of the popular election determines the electors for
that state (win state you get their electoral votes) NJ=14
3. In December electors go to DC and cast the official vote
4. A candidate needs 270 electoral votes to win
5. If no candidate wins the majority OR there is a tie, House of
Representatives selects President
What this means…
• The candidate who receives the most popular votes nationwide
does not always become president
• There is no national election-only separate state elections
• A candidate must win enough state elections to gain the
majority of electoral votes
• Presidential campaigns focus on winning states NOT a national
majority
So my elector does not
have to vote a certain way?
• NO!
• Electors are not legally bound to vote for any particular
candidate- they can throw their vote to any candidate
• This almost never happens though
• Some states even have laws requiring electors to cast their votes
according to the popular votes
So Does My Vote
Count?
• Yes! Every vote counts but in a complicated way
• Remember: when you vote it is a state election
• Technically your vote counts just as much as anyone else’s in
your state- but maybe more or less than someone living in
another state
What is a Vote
Worth?
• Alaska has fewer residents per electoral vote than the national average
• So individual votes in Alaska count MORE than the national average- twice as much
• A voter in California only has 83% influence- little less than average
• While every American’s vote counts- your vote technically counts more if you
live in a small state like Alaska than if you live in a big state like California
On the Campaign
Trail
• If you are running you are more concerned with winning big
states like California (53 votes) than Alaska (3 votes)
• Candidates spend more time and money campaigning in big
states
• As a result big states receive more attention and small states feel
left out
• In reality…individual voters have less influence in a big state
than a small state
4 Presidential Candidates
Who Won the Popular
Vote But Lost the
Election
Jackson v. J. Adams
• 1824
• Jackson won 99 electoral votes to
John Quincy Adams’ 84 electoral
votes
• Because none of the candidates
had secured a majority of electoral
votes that was Constitutionally
required to win, the House of
Representatives at the time
weighed in to chose Adams as the
victor.
• Speaker of the House Clay threw
his support behind Adams and
gave him the election by a single
vote. Soon thereafter, Adams
named Clay secretary of state.
Tilden V. Hayes
• 1876
• Hayes won 185 to Tilden’s 184
after an electoral commission was
put together to decide the fiercely
contested dispute.
• The popular vote was said to be
4,300,000 for Tilden to 4,036,000
for Hayes, putting Tilden slightly
in the lead.
Cleveland v.
harrison
• 1888
• Harrison won 233 electoral votes
to Cleveland’s 168, in what was
widely received to be a rather
polite and civil election
• Cleveland received about 100,000
more popular votes than
Harrison.
Gore v. bush
• 2000
• Bush won 271 electoral votes to
Gore’s 266, but it took a recount
and a contentious Supreme Court
decision to confirm his victory.
• The final score showed that Gore
won the popular vote by 543,895
votes.
Selection of the
cabinet
Major factors in
making appointments
• Selection of a president’s cabinet is largely a political process
• One consideration is whether the person will be compatible
with the department they will be heading
• Geographical balance is also a factor
• Typically the secretary of the interior is someone from a western
state who has experience in land policy and conservation issues
• Secretary of agriculture is usually from a farm state
• Also important is the president’s need to satisfy powerful
interest groups
• Therefore the secretary of labor is someone acceptable to labor
unions
• Secretary of the treasury is often a banker
Major factors in
making appointments
• Appointees have high-level administrative skills and experience
• Responsible for billions of dollars and thousands of employees
• Presidents also consider race, gender and ethnic background
• Since 1975 every cabinet has included women and African
Americans
• The Clinton cabinet became the most gender and racially
balanced team in history
• Not everyone offered the job will accept- the idea of leaving a
secure career for a short-term appointment is unattractive to
some
Background of
Cabinet members
• College graduates with advanced degrees
• Business, industry, law, science and education
• Earn roughly $151,000 per year
• Many leave jobs where they can be earning twice the amount in
private employment- sense of public service
Nominations and
confirmations
• President-elect sets up a list of candidates after consulting with
campaign advisors, congressional leaders, and reps of interest
groups
• Key campaign staffers meet with potential candidates to discuss
the issues facing the department
• Before making final decisions the president-elect’s team may
leak some names to test the reaction of Congress, interest
groups and the public
• Senate holds confirmation hearings by having candidates
appear before the committee to answer questions about their
background and views
Role of the Cabinet
• Individual members responsible for the depts they head
• As a group intended to serve as advisory body to the president
• Meetings are held whenever the president calls them- one a
week or every few months
• Historically the cabinet’s role in decision making has depended
on how each president wants to define it
• Stronger presidents give cabinet less attention
• During Great Depression FDR relied more on university professors
called the “brain trust” than his cabinet
• Nixon’s cabinet did not see him for months at a time
Influence of Cabinet
members
• Some members work closer with the president than others
• Secretary of state, defense and the attorney general work closely
because their departments hold more influence in national
issues
• Sometimes referred to as the “inner cabinet”
• Departments such as agriculture or veterans affairs are less
influential
Factors limiting
Cabinet’s role
• Cabinet officials have 3 constituencies that require their loyalty:
• Career officials in their own dept
• Members of Congress
• Special Interest groups
• Each group has its own stake in the dept’s programs and can
push the secretary in a direction that does not always align with
the president’s ideals
• Secrecy is another limiting factor
• All cabinet debates are private and include sensitive topics
• However, there have been examples in the past where the debates
have been leaked to the press
Constitutional Powers
of the President
• Article II grants President broad but vague powers- “The
Executive Power shall be vested in a President of the USA”
• Sections 2 & 3 of Article II define president’s powers
•
•
•
•
Commander in chief- responsible for nation’s security
Head of executive branch- appoints heads of departments
Conducts foreign policies and treaties
Judicial powers-appoints federal court judges, pardon people
convicted of federal crimes and reduces sentences
• Ensures laws are “faithfully executed”
Informal Sources of
Power
• Several presidents have added to power of the presidency by the
way they handled the job
• 1803 Thomas Jefferson made decisions to purchase the
Louisiana Territory
• Constitution did not state the pres could acquire territory but
Jefferson believed it was an inherent power
• Teddy Roosevelt believed that the President’s right and duty was
to “do anything that the needs of the Nation demanded, unless
such action was forbidden by the Constitution or by laws”
Informal Sources of
Power
• Immediate needs of the nation is another reason a President
might expand their power
• During Civil War Abe Lincoln jailed opponents of the Union
without trial, raised an Army without Congress’ approval and
blockaded Southern ports
• He claimed Constitution gave him power to do what was necessary
to preserve the union- and in the end the country agreed
• Congress has also granted Presidents special powers during
emergencies
• 1964- Gulf of Tonkin Resolution to help LBJ protect Americans in
Southeast Asia
Informal Sources of
Power
• Several presidents have added to power of the presidency by the
way they handled the job
• 1803 Thomas Jefferson made decisions to purchase the
Louisiana Territory
• Constitution did not state the pres could acquire territory but
Jefferson believed it was an inherent power
• Teddy Roosevelt believed that the President’s right and duty was
to “do anything that the needs of the Nation demanded, unless
such action was forbidden by the Constitution or by laws”
Limits on Presidential
Power
• Limitation by Congress
• Congressional override of a veto may limit president’s effectiveness
in carrying out legislative program
• Senate’s confirmation power
• Power to impeach
• Limitation by Federal Courts
• Marbury v Madison: can review legislative actions and rule
legislation unconstitutional
• Limitation by Public Opinion
• Public dissatisfaction can prevent reelection and political programs
• Media
Roles of the
President
Head of state
• Represents the nation and performs ceremonial roles
• Hosts diplomats, gives awards and medals, lights the national
Christmas tree, ect.
• Presidents are more than politicians- for many president IS the
United States
Chief Executive
• Sees that laws of Congress are carried out
• In charge of the over 2 million federal employees and the
department and agencies they belong to
• Presidents have several tools to influence how laws are carried
out
• 1. executive orders: rules that have force of law
• 2. presidential appointments of cabinets members and top-level
federal officials
• 3. right to remove people they appointed
• 4. impoundment: president puts aside, or refuses to spend, the
money Congress has appropriated for a certain purpose
Chief Executive
• Pardon: release from legal punishment
• Presidential pardons are usually individuals convicted of federal
crimes
• Amnesty: group pardon to people for an offense against the
government
• Usually applies to military personnel
• Ex: Ford and Carter granted amnesty to men who fled the draft
during Vietnam
Chief Legislator
• President describes legislative program in the annual State of
the Union address
• Actual detailed program presented during the year reflects the
president’s values and beliefs
• Also presents a suggested budget and annual economic report
• If presidents and majority of Congress are from different parties
he must work harder to influence members of congress
• May hand out political favors to get support-visiting the home state
of a congressperson to support their reelection
Economic planner
• Employment Act of 1946 directed the president to submit and
annual economic report to Congress
• Law also created the Council of Economic Advisors to study
economy and help prepare report for president
• Law declared that gov’t had responsibility to promote high
employment, production and purchasing power
• President prepares yearly federal budget
• Decides what programs to support and what to cut back
Party Leader
• May give speeches to help party
members running for office or
attend fund-raisers
• Helps plan party’s future election
strategy
• Presidents are expected to
appoint members of their party
to available gov’t jobs
• Patronage: appointment to
political office
Chief Diplomat
• President directs foreign policy and makes key decisions about
relations with other countries
• There has been an continuing struggle between Congress and
president over who controls foreign policy
• Congress has powers related to foreign policy BUT president has
more access to classified information
• Sole power to negotiate and sign treaties
• President also has power to make executive agreements- pact
between president and head of a foreign government
• Some involve routine matters but others have dealt with more
serious arrangements with other countries
Commander in chief
• Shares with Congress power to make war
• Responsible for key military decisions
• Several presidents have come from military background
• Washington, Grant, Roosevelt, Eisenhower
• BUT many presidents without experience have had to become
involved in military operations
• Also utilizes military to control disorders in the nation (riots) or
natural disasters (send supplies or troops to keep order)