ADVANCED AMERICAN
GOVERNMENT

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“The execution of the laws is more important than the making of them.”—
Thomas Jefferson
As chief executive, the President executes the provisions of federal law
Two constitutional provisions:
--The Oath of Office
--”he shall take care that the laws be faithfully executed”

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“I, (name), do solemnly swear (of affirm), that I will faithfully execute the Office of
President of the United States and will to the best of my Ability, preserve, protect, and defend the Constitution of the United
States.”—Article II, Section 1, Clause 8
Federal laws include: armed forces, social security, gun control, minimum wages, affirmative action, environmental protection, air traffic control, etc.

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He must execute all laws regardless of his views about them
Congress sets out basic policies and standards. Specific details (fine print) is left to the executive branch

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President is in charge of 2.7 million people that work in the executive branch
EXECUTIVE ORDER—a directive, rule, or regulation that has the effect of law.
ORDINANCE POWER—the power to issue executive orders arises from the
Constitution and acts of Congress
Ordinance is not referred to specifically in the Constitution

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The Constitution anticipated the need for certain powers
The President also has the authority to authorize subordinates to issue orders
Congress has delegated more power to the President due to the size of government

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“by and with the Advice and Consent of the Senate…shall appoint Ambassadors, other public Ministers and Consuls…”—
Article II, Section 2, Clause 2
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APPOINTEES
Ambassadors, diplomats, cabinet members and their aides
Heads of agencies such as NASA & EPA
All officers in the Armed Forces

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Majority of Senators needed for approval
Senatorial Courtesy: Senator from a state where an appointment is to be made has a major opinion about the appointee.
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RECESS APPOINTMENTS
Allowed by the Constitution
Appointments expire at the end of the
Congressional Term
Graphic p. 395

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Opposite of the appointment power
Constitution doesn’t specify how or by whom appointed officers may be dismissed
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THE HISTORICAL DEBATE
1 st Congress (1789) argued that the power to dismiss appointees should require Senatorial consent

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Others believed that the President could not “take care that the laws be faithfully executed” without a free hand to dismiss those who were incompetent
1867—Congress passed the Tenure of
Office Act
Purpose was to restrict President Johnson from removing top officials, especially
Secretary of War Edwin M. Stanton

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Johnson vetoed the bill but Congress voted to override
Johnson fired Stanton
The House voted to impeach Johnson
Johnson survived removal by 1 vote in the
Senate
The law was ignored until its repeal in
1887.

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REMOVAL AND THE COURT
Myers v. United States 1926
1876—Law passed requiring President to get Congress’s approval before dismissing any 1 st , 2 nd , or 3 rd class postmasters
1920-President Wilson removes postmaster
Postmaster sues for his lost wages

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The postmaster said the 1876 law was violated
The USSC ruled the law unconstitutional
Humphrey’s Executor v. United States
(1935)
Generally, the President may remove those whom the President appoints
More often, the person “resigns”
THE END