THE EXECUTIVE
BRANCH
The Office of the President of the United States
CONSTITUTIONAL
REQUIREMENTS
The president must be:
1) 35 years old
2) 14 year resident of the United States
3) Native Born
Term in office:
4 years, 2 terms (10 year max)- 22nd amendment
Fear of the Founding Fathers
They were very afraid of another King. They gave the
president very vague and limited powers.
The intention was to ensure that the legislative branch was
the most powerful branch.
They created the electoral college to ensure that the small
states would matter, but also to ensure that we (the people)
would not choose an IDIOT!!! (No Bush jokes please)
Washington set the precedent of two terms. The 22nd
amendment was passed to limit the president to 2 terms.
ELECTORAL COLLEGE
Winner-take-all system- The winner of each state receives all
of the electoral votes of that state.
Each state has electoral votes based on representation in
Congress. Changes every ten years.
Today- 538 electoral votes – 270 WINS!!! (Majority)
If no winner, the House chooses the president and the VP is
chosen by the Senate.
Founders didn’t anticipate the two-party system, but our
system lends itself to two parties.
Formal Powers of the
President
Commander-in-Chief
Treaty negotiator
Nominates federal judges, cabinet
State of the Union
Veto power
Pardon Felons
Executes laws (signs laws)
Draw up the Budget
Informal Powers of the
President
Legislative leader
Party leader
Personnel Recruiter
Leader of the free world
Morale Builder
Bully Pulpit
Persuader
Congress and the President
The executive branch enforces (carries out) laws passed
by Congress.
Most of the time, he works in conjunction with the
Congress. However, there are times when he can
circumvent Congress.
For instance, Congress declares war (according to the
Constitution), but the president can make (wage) war
by committing troops to area for a specific amount of
time without congressional approval.
Congress and the President
All presidential appointments must be approved by a
majority vote in the Senate.
This includes cabinet members, heads of various agencies,
all federal judges, U.S. marshals and foreign ambassadors.
Congress must also pass the President’s budget.
They can override his veto with a 2/3 vote in both chambers
of Congress.
Congress must authorize any funds for the war.
Foreign Policy
Congress generally defers to the President in the area
of foreign policy.
1) The President has more information and people at
his disposal including: Secretary of State, Secretary of
Defense, Joint Chiefs of Staff, Nat’l Security Advisor,
etc.
2) Congress readily takes a back seat allowing the
president to receive the glory, or usually the ridicule
that comes with a long invasion (i.e. Vietnam, Iraq).
Foreign Policy
The President negotiates treaties that must be approved
by 2/3 of the Senate.
He can also enter into executive agreements with heads
of other countries. This holds the same weight as a
treaty without needing Senate approval.
He is responsible for keeping us safe from domestic
insurrection, as well as foreign invasion.
He is the commander-in-chief of the armed forces and
can deploy the national guard when necessary.
Waging War
The President has the ability to commit troops without
congressional approval thanks to the Gulf of Tonkin
Resolution, passed in 1964.
It is of historical significance because it gave U.S.
President Lyndon B. Johnson authorization, without a
formal declaration of war by Congress, for the use of
military force in Southeast Asia.
This Resolution was eventually rescinded, replaced by
the War Powers Act of 1973.
War Powers Resolution
Seeking to assert limits on presidential authority to
engage U.S. forces without a formal declaration of war,
Congress passed in 1973, over Nixon's veto, the War
Powers Resolution, which is still in effect. It describes
certain requirements for the President to consult with
Congress in regard to decisions that engage U.S. forces
in hostilities or imminent hostilities.
War Powers Act
The War Powers Act of 1973 is a United States federal
law providing that the President can send U.S. armed
forces into action abroad only by authorization of
Congress or if the United States is already under attack
or serious threat. The War Powers Act requires that the
president notify Congress within 48 hours of
committing armed forces to military action and forbids
armed forces from remaining for more than 60 days
without an authorization of the use of military force or
a declaration of war.
War Powers
Under the United States Constitution, war powers are
divided. Congress has the power to declare war, raise
and support the armed forces, and control the war
funding (Article I, Section 8), while the President is
commander-in-chief (Article II, Section 2). It is
generally agreed that the commander-in-chief role gives
the President power to repel attacks against the United
States and makes him responsible for leading the
armed forces.
War Powers
The War Powers Resolution has been controversial since it became
law, and every President since its passage has treated it as
unconstitutional. The War Powers Resolution has been violated a
number of times with little attention by media outlets.
Because it limits the President's alleged authority in the use of
force without an official resolution or declaration of war by
Congress, there is controversy as to whether the provisions of the
resolution are consistent with the Constitution. The reports to
Congress required of the President have been drafted to state that
they are "consistent with" the War Powers Resolution rather than
"pursuant to" so as to take into account the Presidential position
that the Resolution is unconstitutional.
Economic Policy
The President’s job is to fight inflation, keep taxes low,
promote economic growth, prevent recession, and
create jobs.
He utilizes the Secretary of the Treasury, the Council
of Economic Advisors, and the Chairperson of the
Federal Reserve Board to attack economic issues.
He works with the OMB to write the budget.
The Office of the President
White House Staff- the president’s closest advisors.
They do not have to be confirmed. Include Chief of
staff, domestic advisors, security advisors, chef.
Executive Office of the President-
1) Agencies that report directly to the president.
2) Heads must approved by the Senate.
Office of Management & Budget is the most powerful
agency in the Executive Office of the President.
OMB
Created in 1921 by the Budget Accounting Act. Set up
to aid the president in drawing up the annual budget.
Decides which agencies will get money each year.
Budgeting is the way the President controls the
bureaucracy. He decides which agencies will get the
most money.
Currently, defense receives the most money from the
budget.
Cabinet
The Heads of the Executive Agencies. There are 15 executive
departments currently.
The 1st three were State, War (now defense), and treasury. The
last added was Homeland Security (only one created by an
executive order).
All Heads are appointed by the president and approved by the
Senate (majority vote).
They are not mentioned in the Constitution.
Direct liaison between the president and the department they
represent. (sometimes they “go native”)
President can fire them without cause.
Independent Agencies
A collection of agencies that regulate segments of the
economy.
Examples include the Federal Reserve Board (FED),
Securities Exchange Commission (SEC), and the
Federal Communications Commission (FCC).
The heads are appointed by the president, approved by
the Senate. Cannot be fired by the president. They
are independent once they are approved.
Vice President
Usually chosen by the President to balance the
ticket…get more votes in the general election.
Vice President is the president of the Senate. He cats
the tie-breaking vote when needed.
Recent VP’s have have been given more power by the
President.
25th Amendment- VP becomes the President if he dies
or becomes disabled.
Power to Persuade
Popularity= power (Honeymoon period after election)
Bully pulpit- The president’s ability to use the media to
introduce legislation, put pressure on Congress, and
sway public opinion.
Presidential coattails are greater in presidential election
years. Midterm years traditionally see the president’s
party lose seats in the House and the Senate.
The economy drives presidential popularity numbers.
War gives him quick boost in numbers as well.
Presidential Success in getting
agenda passed
coalition building: party and cross party lines—“finessing” the Congress—
meeting with committee chairs, subcommittees, majority and minority
leaders, etc.
“bully pulpit”—use the Oval Office to rally the country around the leader!!
interest group support: money and influence
National campaigns: show part loyalty—buddy speeches. Show personal
loyalty to those who endorsed YOU
Press conferences—explain it to the media and get THEM on your side
Inaugural address—sets tone and agenda for 4 years
State of the Union: sets tone and policy agenda for the YEAR
Failure of Presidential Policy
Budget: Congress passes a program but then won’t
fund it—so it doesn’t exist
Opposition party—Republicans vs.. Democrats
Public mood: by the end of a term, he may have LOST
popular support
Lack of support from powerful interest groups.
The Power to say NO
If the President does not agree with an act of Congress, he
can veto a bill. (Andrew Jackson- most vetoes)
Less than 5% of vetoes are overridden by a 2/3 vote in both
chambers of Congress.
Pocket veto- hold a bill for 10 days in the hopes that
Congress will adjourn. If they remain in session, a bill
becomes a law without his signature.
Line-item veto- power held by some governors. President
used it once and it was declared unconstitutional by the
Supreme Court (Clinton vs.. New York)
Executive Privilege
Confidential communication between between the
president and his advisors does not have to be
disclosed.
This was justified because the president needs to be
able to get candid advice, and the separation of powers
implies that no one needs to know.
United States vs.. Nixon- Supreme Court ruled that the
president does not have absolute unqualified executive
privilege.
Executive Orders
An executive order in the United States is a directive issued
by the President, the head of the executive branch of the
federal government.
U.S. Presidents have issued executive orders since 1789.
Although there is no Constitutional provision or statute
that explicitly permits executive orders, there is a vague grant
of "executive power" given in Article II, Section 1 of the
Constitution and the statement "take Care that the Laws be
faithfully executed" in Article II, Section 3. Most executive
orders are orders issued by the President to US executive
officers to help direct their operation, the result of failing to
comply being removal from office.
Legislative Veto
In 1983, the Congress tried to veto an executive order.
The case (INS vs. Chadha) went to the Supreme Court.
The court ruled that only the president is given the
power to veto in Article II of the Constitution.
The legislative veto was ruled unconstitutional.
Emergency Powers
confiscate property – horses, metal, firearms, etc
set wages and prices—control inflation in war time
conditions
declare martial law—Congress must give consent to
suspend to writ of Habeas Corpus—the right to “due process
of law” –not being held without a hearing…
control transportation and communication—security
reasons
rationing strategic materials—metal, grease, milk, cotton
1. Japanese detention camps
2. Illegal FBI bugging and opening mail without a Court
ordered warrant—violates the 4th amendment (Hoover)
Secret wars in Laos and Cambodia