Name: _____________________________________________
Period: _________
The President’s Executive Powers
The President is the head of the executive branch and must carry out the provisions of federal law. The power to do so comes partly
from the Constitution and partly from the oath of office – the solemn promise that each President takes at his inauguration to “preserve,
protect, and defend the Constitution.” The President’s executive power offers him many chances to decide how laws are carried out.
The President possesses the ordinance power, the power to issue executive orders. An executive order is a directive, rule, or
regulation that has the effect of law. The Constitution does not expressly give the President this power, but the President must be able
to issue orders to implement his constitutional powers. Congress backs up this implied power by regularly authorizing the President to
use it.
In order to have loyal subordinates, the President can choose the top officials of the executive branch, including heads of executive
agencies, diplomats, Cabinet members, federal judges, and military officers. The Senate must approve these appointments with a
majority vote. For State officials, the custom of senatorial courtesy holds that the Senate will approve only those appointments
accepted by the State’s senator from the President’s party.
The President alone has the power to fire executive officials. However, the President may not remove federal judges and generally can
only remove people whom he has appointed.
Enforce the law
The President Has
Power To…
Administer the law
Issue Executive Orders
Appoint and remove
executive officials
1.
2.
3.
4.
What is the Oath of office?
What is an Executive Order?
Who has to approve all cabinet selections by the President?
How may the President affect the jobs of top executive officials?
The President’s Job Description
The Constitution grants the President six of his eight roles. The President acts as the ceremonial head of the government, or chief of
state. As such, he stands as the representative of all the people of the nation. The President is also head of the executive branch, or
chief executive. As chief administrator, he manages the Federal government. As the nation’s chief diplomat, the President sets
the nation’s foreign policy. The President directly controls all US military forces as the commander in chief. He determines
Congress’s agenda in his role as chief legislator.
Two presidential roles are not defined by the Constitution. The President is chief of party, the unofficial head of his political party.
The President is also chief citizen and, as such, is expected to work for and to represent the public interest.
To become President, a person must be born a citizen, be at least 35 years old, and have lived in the United States for at least the last
14 years. In 1951 the 22nd Amendment limited the presidency to two terms of four years each. The President receives a salary and
benefits.
1. What are the three qualifications for becoming President?
2. Which presidential roles are not expressed in the Constitution?
The Executive Departments
Much of the Federal Government’s work is carried out by the 15 executive departments, the traditional units of federal administration
that are often called the Cabinet departments. The Cabinet is an informal advisory board convened by the President to serve his
needs; it is made up of the heads of each executive department and other top officials.
Each department head is called a secretary, except for the head of the Department of Justice, who is the attorney general. These
heads act as the primary links between the President and the subunits within their departments. The President chooses each
department head, but those appointments must be confirmed by the Senate.
Today, the executive departments vary in terms of visibility, importance, and size. The Department of State is the oldest and most
prestigious department. The Department of Defense is the largest. The Department of Health and Human Services has the largest
budget, and the Department of Homeland Security is the newest. The other departments are those of the Treasury, Justice, the
Interior, Agriculture, Commerce, Labor, Housing and Urban Development, Transportation, Energy, Education, and Vietnam Affairs.
1. What is the role of the head of an executive departments?
2. How many executive departments are there in the Federal government?