The Executive Branch
Who makes up the executive
branch?
Well, at the federal (national) level, it is the …
yes, President of the United States.
And at the state level, it is the …
very good.
The Governor.
The President of the United States only has
the powers the Constitution grants him/her.
Article II, Section 2 of the Constitution lists
most of the powers of the president.
The Constitution says:
“The President shall be commander in chief of the Army and Navy
of the United States, and of the militia of the several states, when
called into the actual Service of the United States; …”
“…he shall have power to grant reprieves and pardons
for offenses against the United States, except in cases
of impeachment.”
Each year the President
ceremoniously “pardons”
one turkey from the
Thanksgiving dinner.
President Ford announcing his pardon of
Richard Nixon from the Oval Office. September
8, 1974.
“He shall have power, by and with the advice and
consent of the Senate, to make treaties, provided two
thirds of the Senators present concur; …”
There have been many
“Treaties of Paris”.
Which war did this one
settle?
The U.S., Great Britain, and the
Soviet Union sign a treaty in 1953 that
bans most nuclear testing.
“…and he shall nominate, and by and with the advice and consent of
the Senate, shall appoint ambassadors, other public ministers and
consuls, judges of the Supreme Court, …”
How many women have served on
the US Supreme Court? As of 2011, four.
In 2005, the first female Justice, Sandra
Day O’Connor retired after serving since
1981. Ruth Ginsburg has been serving since
1993.
When Sotomayor was
confirmed by the Senate in
2009, she became the first
Latino on the bench.
Can you name these two Obama
Supreme Court Justice
appointees?
Elena Kagan and Sonia Sotomayor
When Kagan was confirmed in August a
year later, it was the first time in US
history that the Court was 1/3 female!
The Senate confirmation of President Obama’s Supreme
Court Justice nominee Elena Kagan
Breaking news… Elena Kagan has won enough votes from
Congress — voting results were 63 to 37 — to take a
seat on the United States Supreme Court. Five
Republicans joined 56 Democrats and two
independents in supporting Kagan’s nomination; 36
Republicans and one Democrat opposed her.
- frugalcafe.com August 5th, 2010
Two days
later, Elena
Kagan is
sworn in by
Chief Justice
John Roberts
“He shall from time to time give to the Congress
Information of the State of the Union, and recommend to
their Consideration such Measures as he shall judge
necessary and expedient;”
Address Before a Joint Session of the
Congress on the State of the Union
January 25, 2011
“Mr. Speaker, Mr. Vice President, members of Congress, distinguished
guests, and fellow Americans:
Tonight I want to begin by congratulating the men and women of the
112th Congress, as well as your new Speaker, John Boehner. (Applause.)
And as we mark this occasion, we're also mindful of the empty chair in
this chamber, and we pray for the health of our colleague -- and our
friend -– Gabby Giffords. (Applause.)”
Our boy, republican Roscoe Bartlett with recently un-seated Speaker
of the House Nancy Pelosi, democratic Congresswoman from
California’s 8th district.
It was “bring a date night” where members could bring a member from the
opposite party if they chose in a gesture of camaraderie.
http://www.time.com/time/photogaller
y/0,29307,1957436_2030193,00.html
“he may, on extraordinary occasions, convene
both Houses, or either of them, ...” Article II,
Section 3
Woodrow Wilson addresses a
joint session of Congress
during WWI in 1916.
However, this power
is used extremely
rarely by the
president as it just
isn’t needed very
often. The photos of
Wilson and Obama
included here were
sessions called by
Congress to listen to
the President.
Obama Health Care Speech to
Joint Session of Congress
September 9th, 2009
“…he shall take care that the laws be
faithfully executed, …” - Article II, Section 3
The Little Rock Nine
are escorted to class
by the 101st Airborne
at President
Eisenhower’s order.
And of course there is the power
to …
Article I Section 7 (not Article II!) of the Constitution says:
“Every bill which shall have passed the House of
Representatives and the Senate, shall, before it become a law,
be presented to the President of the United States; if he
approve he shall sign it, but if not he shall return it, …”
In November
of 2007,
Congress voted
79-14 in the
Senate and
361-54 in the
House to
override
President
Bush’s veto of
a Water
Projects Bill.
Two-thirds of
each house is
67 and 290 (if
everyone
votes).
What are the differences and similarities at the federal and
state level of government in the executive branch?
First, who again holds the position of the
executive branch at the state level?
Yes, the Governor.
In Maryland, the governor is responsible as
the executive branch for many things at the
state level that the president is at the
national level.
Former Maryland
Governor Martin
O’Malley (D)
Maryland Governor
Larry Hogan (R)
Article II of the Maryland Constitution
Notice how similar the governor of Maryland's powers are to the President
of the Unite States…
SEC. 8. The Governor shall be the Commander-in-Chief of the land and naval
forces of the State; and may call out the Militia to repel invasions, suppress
insurrections, and enforce the execution of the Laws; but shall not take the
command in person, without the consent of the Legislature.
SEC. 9. He shall take care that the Laws are faithfully executed.
SEC. 16. The Governor shall convene the Legislature, or the Senate alone,
on extraordinary occasions; and whenever from the presence of an enemy,
or from any other cause, the Seat of Government shall become an unsafe
place for the meeting of the Legislature, he may direct their sessions to be
held at some other convenient place.
SEC. 17. (a) To guard against hasty or partial legislation and encroachment
of the Legislative Department upon the co-ordinate Executive and Judicial
Departments, every Bill passed by the House of Delegates and the Senate,
before it becomes a law, shall be presented to the Governor of the State.
If the Governor approves he shall sign it, but if not he shall return it with
his objections to the House in which it originated,
SEC. 19. He shall, from time to time, inform the Legislature of the
condition of the State and recommend to their consideration such
measures as he may judge necessary and expedient.
SEC. 20. He shall have power to grant reprieves and pardons, except
in cases of impeachment, and in cases, in which he is prohibited by
other Articles of this Constitution;
So there are many similar responsibilities and powers shared
by both the President and the Governor.
Similarities
Both are in charge of armed
forces (Governor controls
National Guard)
Differences
Governor does not control U.S.
military, only National Guard, and
cannot sign treaties
Both execute the laws
Governor only has jurisdiction at
the state level
Both have the power to pardon
Governor only has jurisdiction
at the state level
Both have the power to call
their respective legislatures
together
Governor only has jurisdiction
at the state level
Both have the power to veto
legislation (bills)
Governor only has jurisdiction
at the state level
These powers have come into conflict before, though.
In 1957, President of the United States Dwight Eisenhower and
Governor Orville Faubus of Arkansas had a battle of executive
powers for a short time, until eventually, of course, the President
won.
In 1954, the Supreme Court struck down “separate but equal” in
regards to education in the case of Brown vs. BOE of Topeka,
Kansas. The Court’s decision only called for integration with a vague
timetable of “all deliberate speed.” Many states in the south were,
therefore, slow to integrate.
But Arkansas was not one of them. Arkansas was one of only two
states who immediately took steps to integrate within weeks after
the 1954 decision in Brown. Seven of the eight universities were
already integrated, for example. Busses, parks, libraries, and zoos
were already desegregated.
But on September 2nd, 1957, the day before school started,
Governor Faubus of Arkansas sent the Arkansas National Guard to
block nine African-American students from entering school, saying
it would cause a disruption.
Terrence Roberts being denied
entry to school on Sept. 3rd,
1957.
Elizabeth
Eckford
arrived to
school by
herself and
was met by a
mob of
reporters and
many white
racists,
mostly adults.
Elizabeth
Eckford
was 15 at
the time of
this Civil
Rights era
event.
The Little Rock 9 are denied entry by
the Arkansas National Guard.
The President agreed to
meet with Governor Faubus
on September 14th, in
Newport, Rhode Island
where the President and his
wife were vacationing to
discuss why the school had
not been integrated after
the Supreme Court decision
and a federal court order.
A federal judge granted an injunction against the Governor's use of
National Guard troops to prevent integration and they were withdrawn on
September 20.
When school resumed on Monday, September 23, Central High was
surrounded by Little Rock policemen. About 1,000 people gathered in front
of the school. The police escorted the nine black students to a side door
where they quietly entered the building as classes were to begin. When the
mob learned the blacks were inside, they began to challenge the police and
surge toward the school with shouts and threats. Fearful the police would
be unable to control the crowd, the school administration moved the black
students out a side door before noon. (http://www.centralhigh57.org/)
Reporter L. Alex Wilson being attacked by a mob, September 23,
1957. Will Counts Collection/Indiana University Archives.
Jefferson Thomas and Elizabeth Eckford during lunch
period at Little Rock Central High School, October 1957.
Jefferson Thomas is the first and only of the Little Rock to
die so far. He died in September 2010 at the age of 68.
U.S. Congressman Brooks Hays and Little Rock Mayor Woodrow Mann
asked the federal government for help, first in the form of U.S.
marshals. Finally, on September 24, Mann sent a telegram to President
Eisenhower requesting troops. They were dispatched that day and the
President also federalized the entire Arkansas National Guard, taking it
away from the Governor.
On September 25, 1957, the nine black students entered the school
under the protection of 1,000 members of the 101st Airborne Division
of the United States Army. (http://www.centralhigh57.org/)
Minniejean Brown, arguably
the most confident of the
“Nine” was eventually
suspended and then
expelled for dumping a bowl
of chili on a student’s head
after she was called names.
Ernest Green, the 1st AfricanAmerican to graduate from Central
still thanks the 101st Airborne. But
they left after 1 month. And then
they were on their own.
This historical event is an example not only
of the struggle between executive powers,
but of checks and balances and the fact that
the Constitution and rulings of the Supreme
Court are the supreme law of the land.
Governor Mike Huckabee and President Bill Clinton at
the 40th anniversary in 1997 with all of the “nine”.