Executive Branch

Original Intent: The Original Intent: The Formal PowersFormal Powers

Executive with limited powerExecutive with limited power Enforce the laws of CongressEnforce the laws of Congress Handle foreign policyHandle foreign policy Be chief executive and head of stateBe chief executive and head of state Broadly defined constitutional powers for Broadly defined constitutional powers for

flexibility (has resulted in expanded flexibility (has resulted in expanded power)power)

Commander in ChiefCommander in Chief Grant pardons & reprievesGrant pardons & reprieves Report on State of the UnionReport on State of the Union

Qualifications for Presidency

Written Qualifications:

Natural- born citizen of the United States.

At least 35 years old.

Resident of the United States for at least 14 years.

Unwritten Qualifications:

Experience in government

College education Hold moderate

positions on most issues.

Personal Characteristics: Most come from middle

class background Generally white,

married, protestant and financially successful man.

*Today a lot of these standards are changing

Youngest President: Oldest President:

42 years 69 years

The Founders did not want a powerful President

The two-term president became a tradition after Washington, but not legislated until 22nd Amendment in 1951

A president can serve a maximum of 10 years

The vice president was an after thought

What voters want….The impossible dream!

Cooperation w/Congress Peacekeeper Ability to solve economic problems Someone with good character, judgment, and

humor A sense of purpose Tough, decisive, competent, effective & fair A leader with initiative

HERE’S THE KICKER:HERE’S THE KICKER:

The Constitution does not specifically mention any of it either! It simply states that the President has the power to:

  “take care that the laws be

faithfully executed.”

Inauguration of the President

Term of Office: Term of Office:

Four Years Four Years

Inauguration: Inauguration:

January 20th January 20th

20th Amendment

“Lame Duck” Amendment Moves inauguration to January 20th

from original March date Congressional start date moved to

January in same amendment Length of time for a sitting president

who is not re-elected is reduced Goal: prevent inactivity or hasty decisions

on way out of office

Benefits of the Presidency

1. Salary: $400,000 per year (beginning in 2001)

2. Perks: White House w/staff of 100+ Doctors and Health Care Expense Account of $50,000Air Force One and a fleet of jets and helicoptersCamp David – vacation spot in Maryland Camp

David)Pension, Retirement, and Secret Service for 10

years after they leave office

White House 132 rooms, 35

bathrooms, 28 fireplaces, 8 staircases, 3 elevators and 6 levels in the Residence

Entertainment Movie theater,

bowling lanes, putting green

Pension Plan $166,700 a year free mailing privileges for

nonpolitical correspondence, free office space, $96,000 a year for office help, and, during the first thirty months after their term of office has ended, up to $150,000 for staff assistance.

Secret Service protection for 10 years for Pres & First Lady (children until they are 16)

Benefits of the Presidency

The White House

1600 Pennsylvania Avenue Selected by Washington in 1791 Over 3,500 people on the White

house payroll, but about 500 work there

5 full time chefs Snipers stationed on

the roof

The Executive Office of the PresidentThe Executive Office of the President

All in all, the EOP employs over 2,000 staffers that work for the President alone.

Some of the senior level advisors have offices in the West Wing.

Most, however, are housed in the Old Executive Office Building, next to the White House.

Presidential Succession Process

25th Amendment: Established the

order of succession of the presidency in the case that the president dies or can’t hold office, and spells out what happens when the vice president becomes vacant.

Presidential Succession Process

Under the 25th amendment the Vice President becomes acting president under two conditions:1.President informs congress of an inability to

perform in office.2.Vice president and majority of the cabinet or

another body authorized by law inform congress that the president is disabled.

**President can resume the powers and duties of office at any time simply by informing congress that a disability no longer exists.

**If the president is disabled, vice president will take over temporarily or indefinitely.

Presidential Succession Process

If the Vice President is vacant:

VP has the same requirements as POTUS

The president shall nominate a vice president with majority approval of both Houses of Congress.

If President and Vice President are vacant :

The Speaker of the House takes the presidency.

Succession Act of 1947: Established the order of presidential succession.

Succession of PresidencySuccession of Presidency The Vice President The Vice President Speaker of the House Speaker of the House President pro tempore of the Senate President pro tempore of the Senate Secretary of State Secretary of State Secretary of the Treasury Secretary of the Treasury Secretary of Defense Secretary of Defense Attorney General Attorney General Secretary of the Interior Secretary of the Interior Secretary of Agriculture Secretary of Agriculture Secretary of Commerce Secretary of Commerce Secretary of LaborSecretary of Labor Secretary of Health and Human Services Secretary of Health and Human Services Secretary of Housing and Urban Secretary of Housing and Urban

Development Development Secretary of Transportation Secretary of Transportation Secretary of Energy Secretary of Energy Secretary of Education Secretary of Education Secretary of Veterans Affairs Secretary of Veterans Affairs Secretary of Homeland Security Secretary of Homeland Security

PRESIDENTIAL POWERS

Duties of the PresidentDuties of the PresidentCommander of Chief: Oversees a military divided into four major

units. Makes decisions of how to deploy troops

stationed through out the world. Manages a defense budget of almost $400

billion *President doesn’t declare war, Congress

does.Chief Executive: Appoints heads of executive departments,

federal courts, judges, and other top officials. (with Senate consent)

Ensure that all laws of the United States are “faithfully” executed.

Duties of The PresidentDuties of The PresidentChief of State/ Head of

State: The official “leader”

of the nation state. Head of government

of the United States Exercises political

powers.Representative of the

Nation: Symbol and figure

head of the Nation. Uphold morals and

standards of the United States as a country.

Spokesperson to other nations

Duties of the PresidentDuties of the President

Chief Agenda State: Proposing party policy changes and party

platforms to congress. Ex: Issues of Healthcare, education, and

legalization of abortion.Party Leader: Leader of the political party that controls

the executive branch. Leader and representative of his own party. Makes decisions that reflect the views and

beliefs of his party. Must give an annual State of the Union

Address

Powers of the PresidentPowers of the President

Inherent powers have often been used Inherent powers have often been used to circumvent the Constitutionto circumvent the Constitution

Executive Powers

Power of Appointment – appoints federal officials along with judges and Supreme Court justices.

Convene Congress – The president must deliver an annual state of the union speech and has the authority to convene either houses of Congress, but largely ceremonial these days

Treaty – agreements Presidents make on behalf of the U.S. with foreign countries that require 2/3 Senate approval.

Executive Executive AgreementsAgreements

International agreements, usually International agreements, usually related to trade, made by a president related to trade, made by a president that has the force of a treaty; does NOT that has the force of a treaty; does NOT need Senate approvalneed Senate approval JeffersonJefferson’’s purchase of Louisiana in 1803s purchase of Louisiana in 1803

Veto Power – The president can veto any congressional legislation. Rarely does because most of the time the Congress acts very carefully. Since 1996 the president has had a line-item veto over spending bills

Commander in Chief – Article II names the president “Commander in Chief of the Army and Navy of the United States”Gulf of Tonkin Resolution (1964) – while troops are in conflict, the President can take any action to protect the troops short of declaring war.War Powers Act (1973) – President cannot send troops out unless:

Congress declares WarA law authorizes the actionNational Emergency: but the President

must follow 2 rules:Notify Congress within 48 hoursCannot keep troops abroad for more than 60

days without Congressional Approval.

Pardoning PowerPardoning Power The president can grant a reprieve or pardon to anyone for any crimeThe president can grant a reprieve or pardon to anyone for any crime President Ford pardoned President Nixon of all crimes he might have President Ford pardoned President Nixon of all crimes he might have

committed while in officecommitted while in office Probably cost him the Probably cost him the

next electionnext election This checks and balances This checks and balances

with Judicial branchwith Judicial branch

1. The Executive 1. The Executive Branch:Branch:

ExecutingExecuting the Laws the Laws

What is the Executive What is the Executive Branch?Branch?

X-Branch is more than just the X-Branch is more than just the President. President.

It includes:It includes: All cabinet level departmentsAll cabinet level departments most federal agencies, bureaus most federal agencies, bureaus

and commissionsand commissions over 3 m employees & 1.8 m over 3 m employees & 1.8 m

armed forces membersarmed forces members

Impeachment ProcessImpeachment Process Impeachment ProcessImpeachment: Done by the House of

Representatives Legal statement of charges from legislative

that may result in removal from office.Legal Statement:

Legislative body accuses government officials of dishonesty or lack of creditability because of actions made by that official. Requires a majority vote by congress.

2nd Legislative Vote: Done by the Senate Legislative vote which determines

conviction. Requires a Super Majority vote by congress.

~ Super Majority: 2/3rds vote. Not a majority vote which is more than half plus one.

Andrew Johnson – May 1868Andrew Johnson – May 1868Violating Tenure of Office Act Violating Tenure of Office Act

(putting in new Secretary of (putting in new Secretary of War)War)

Saved by a single vote in the Saved by a single vote in the Senate, remained in officeSenate, remained in office

Bill Clinton – December 1998Bill Clinton – December 1998Perjury - Votes 55 to 45Perjury - Votes 55 to 45

Obstruction of Justice 50-50Obstruction of Justice 50-50Acquitted and remained in Acquitted and remained in

officeoffice

ImpeachmentImpeachment Only two presidents have been Only two presidents have been

impeachedimpeacheda) Bill Clinton and Andrew Johnsona) Bill Clinton and Andrew Johnson

Both found not guiltyBoth found not guilty Impeaching the president is not a good Impeaching the president is not a good

optionoption

Those powers not explicitly written in the Constitution Similar to “necessary and proper” powers of Congress

Persuader in Chief: to be successful, presidents must convince Congress, citizens, foreign leaders…

In the modern era (since 1933), the President’s informal powers may be significantly more powerful than his formal powers….

Informal PowersInformal Powers

Executive OrdersExecutive Orders Orders issued by the President that

carry the force of law Clinton’s “Don’t ask don’t tell” gays in

the military policy FDR’s internment of Japanese Americans G. W. Bush trying suspected terrorists in

military tribunals Obama and Naturalization

Has been very narrowly defined by the Supreme Court

U.S. v. Nixon – S.C ruled that the rights of the defendant overrode executive privilege

Notice for Japanese “relocation,” 1942

Public Opinion & Political CapitalPublic Opinion & Political Capital

Why does public opinion matter to a president?Why does public opinion matter to a president? High Popularity= congressional support for President’s programsHigh Popularity= congressional support for President’s programs Low Popularity= tough go in Congress Low Popularity= tough go in Congress

Presidents tend to most popular at the beginning of their term Presidents tend to most popular at the beginning of their term when they have lots of political capitalwhen they have lots of political capital

POLITICAL CAPITALPOLITICAL CAPITAL: collection of political assets (good will, : collection of political assets (good will, popularity, connections) that can be spent on a politician’s popularity, connections) that can be spent on a politician’s programs programs

What creates political capital? Success What creates political capital? Success

President’s popularity is usually highest at beginning of term President’s popularity is usually highest at beginning of term (honeymoon), therefore a new president will spend some (honeymoon), therefore a new president will spend some political capital early.political capital early. FDR: First 100 daysFDR: First 100 days Clinton: Health Care ReformClinton: Health Care Reform Bush: Energy Policy, Anti-Terrorism EffortsBush: Energy Policy, Anti-Terrorism Efforts Obama: Economic StimulusObama: Economic Stimulus

Public Opinion & Political Public Opinion & Political CapitalCapital

2. The Vice President2. The Vice President

Vice Presidential Vice Presidential RolesRoles

1. President in Waiting – usually selected to balance the ticket

2. Acting President of the Senate and can vote in order to break a tie.

3. Power over presidential disability as stated in the 25th Amendment. And the Amendment assured succession without an election (Gerald Ford the only non-elected president)

4. Chairs Commissions, meets foreign dignitaries, and advises the President.

5. All other responsibilities come from the President.

Provisions of the Vice PresidentProvisions of the Vice President

Salary $230,700 per year

Lives in House on Observatory Hill– Located in the U.S.

Naval Observatory in Washington, D.C.

– Home to the Vice President since 1974

4. The Cabinet4. The Cabinet

CabinetCabinet  

• The Cabinet was established by tradition and evolved over time

• Cabinet membership is solely determined by the President

• President usually selects a diverse group of cabinet member (gender, geography and ethnicity)

Conflicting Roles of Cabinet Members

Top Cabinet PositionsTop Cabinet Positions

Sec. of DefenseAshton Carter

(4th SofD)

Attorney GeneralHolder

Sec. of TreasuryLew

Sec. of StateKerry

The First LadyThe First Lady Michelle Obama is the

current First Lady Acts as an informal

advisorto the president

Generally the select a “petproject” with a socialconscience

They can very usefulambassadors and fundraisers

INSIDE THE INSIDE THE EXECUTIVE EXECUTIVE

BRANCHBRANCH

What is the Administration?What is the Administration?

The Administration is the White The Administration is the White House staff, Executive House staff, Executive

Departments, and Independent Departments, and Independent Agencies that assist the President in Agencies that assist the President in carrying out his duties of enforcing carrying out his duties of enforcing

the law.the law.

What is the Administration?What is the Administration?

The White House StaffThe White House StaffHandles the day-to-day activities of the President through the White House Office

The Chief of Staff heads this office

The office coordinates the President’s schedule, writes his speeches, and conducts the business of the President, etc.

Includes the White House Counsel, Political Affairs Office, Presidential Advance team Denis McDonough,

Chief of Staff for Obama

What is the Administration?What is the Administration?

The Executive Office of the PresidentThe Executive Office of the President

Provides the President with expert analysts…

The National Security Council provides military advice

The Council of Economic Advisors provides economic advice

Office of Management and Budget provides budgetary advice and writes the President’s budget for the whole government

The Executive OfficeThe Executive OfficeMade up of policymaking and advisory bodies to Made up of policymaking and advisory bodies to help the president direct the executive branchhelp the president direct the executive branchThree principle groups: NSC, CEA, OMBThree principle groups: NSC, CEA, OMB

The Executive OfficeThe Executive OfficeNational Security Council (NSC)National Security Council (NSC)

Created in 1947 to coordinate the president’s foreign and Created in 1947 to coordinate the president’s foreign and military policy advisersmilitary policy advisersMembers include the president, vice president, secretary of Members include the president, vice president, secretary of state and defense, and managed by the president’s national state and defense, and managed by the president’s national security advisersecurity adviser

Council of Economic Advisers (CEA)Council of Economic Advisers (CEA)A three-member body appointed by the president to advise on A three-member body appointed by the president to advise on economic policyeconomic policy

Office of Management and Budget (OMB)Office of Management and Budget (OMB)Performs both managerial and budgetary functions, including Performs both managerial and budgetary functions, including legislative review and budgetary assessments of proposalslegislative review and budgetary assessments of proposals——Prepares the President’s budget proposalPrepares the President’s budget proposal

The Executive Office of the PresidentThe Executive Office of the President

Other offices include:Council on Environmental Quality

Domestic Policy Council

National Economic Council

Office of Administration

Office of Faith-Based and Community Initiatives

Office of Homeland Security

Office of National AIDS Policy

Office of National Drug Control Policy

Office of Science & Technology Policy

Office of the United States Trade Representative

President's Critical Infrastructure Protection Board

President's Foreign Intelligence Advisory Board

USA Freedom Corps

White House Military Office

Regulatory AgenciesRegulatory Agencies

Regulates a sector of the economy or government

Regulations protect the public

EXAMPLES:

FRB (Federal Reserve Board - banks)FCC (Federal Communications Commission - broadcast media)OSHA (Occupational Safety & Health

Administrations - workplace)FDA (Food & Drug Administration - food producers & pharmaceuticals)

Government CorporationsGovernment Corporations

Provide goods or services that could be offered by a private company

Typically provide the services at a cheaper rate than a private corporation could

EXAMPLES:

Tennessee Valley Authority (power/electricity)

Postal Service (mail services)

Amtrak (railroad transportation)

Iron Triangle

Power from the People:The Public Presidency

Public support is perhaps the greatest source of influence a president has.Presidential appearances are staged to get the public’s attention.As head of state, presidents often perform many ceremonial functions, which usually result in favorable press coverage.

The BudgetBudget:Budget:

A policy document allocating burdens A policy document allocating burdens (taxes) and benefits (expenditures)(taxes) and benefits (expenditures)

Deficit:Deficit:

An excess of federal expenditures over An excess of federal expenditures over federal revenuesfederal revenues

Expenditures:Expenditures:

What the government spends money onWhat the government spends money on

Revenues:Revenues:

Sources of money for the governmentSources of money for the government

BudgetingBudgeting

Way to control bureaucracyWay to control bureaucracy Increases/decreases based on policyIncreases/decreases based on policy Budget requests must go through Budget requests must go through

OMB from all departments and OMB from all departments and agencies before going to Congressagencies before going to Congress

OMB writes the budget submitted to OMB writes the budget submitted to CongressCongress

Presidential Style Presidential Style and Characterand Character

An Imperial Presidency?An Imperial Presidency?

ARGUMENT: Individual actions

taken by past presidents have enlarged the power of the presidency by expanding responsibility and political resources.

Proof? Emergency Powers Growing staff Growing bureaucracy Increase in media

coverage Executive Agreements Impoundment Power Pocket Veto Executive Privilege