chapter eight the executive branch of the government

CHAPTER EIGHTCHAPTER EIGHT

The Executive Branch The Executive Branch of the Governmentof the Government

The PresidencyThe PresidencyThe President of the United StatesThe President of the United States

- The President is the Head of the Executive Branch;The President is the Head of the Executive Branch;- While he does have significant power, his power is limited While he does have significant power, his power is limited

by the Constitution. by the Constitution. - The Constitution assigns the following powers to the The Constitution assigns the following powers to the

President: President: Commander in Chief of the Armed Forces Commander in Chief of the Armed Forces Make treaties, with two-thirds consent of the Senate Make treaties, with two-thirds consent of the Senate Receive ambassadors and other public ministers from foreign Receive ambassadors and other public ministers from foreign

countries countries Appoint ambassadors, Supreme Court justices, federal judges, and Appoint ambassadors, Supreme Court justices, federal judges, and

any officials as provided for by the Congress, with the approval of any officials as provided for by the Congress, with the approval of the Senate the Senate

Give an annual State of the Union Address to Congress Give an annual State of the Union Address to Congress Recommend legislation to Congress Recommend legislation to Congress Convene Congress on extraordinary occasions Convene Congress on extraordinary occasions Adjourn Congress, in cases of a disagreement about adjournment Adjourn Congress, in cases of a disagreement about adjournment "Take care that the laws be faithfully executed" "Take care that the laws be faithfully executed" Fill in administrative vacancies during Congressional recesses Fill in administrative vacancies during Congressional recesses Grant reprieves and pardons for offences against the U.S. Grant reprieves and pardons for offences against the U.S.


The main powers of the President may be divided into three The main powers of the President may be divided into three categories: Head of State, Administrative, and Legislative categories: Head of State, Administrative, and Legislative Powers.Powers.

As As Head of StateHead of State, the President meets with the leaders of other , the President meets with the leaders of other countries. He has the power to recognize those lands as official countries countries. He has the power to recognize those lands as official countries and to make treaties with them. However, the Senate must approve any and to make treaties with them. However, the Senate must approve any treaty before it becomes official. treaty before it becomes official.

The President also has the power to appoint ambassadors to other The President also has the power to appoint ambassadors to other countries, with the Senate’s approval. The President is also the official countries, with the Senate’s approval. The President is also the official head of the U.S. military. As Commander in Chief, he can authorize the head of the U.S. military. As Commander in Chief, he can authorize the use of troops overseas without declaring war. To declare war officially, use of troops overseas without declaring war. To declare war officially, though, he must get the approval of the Congress. The President’s though, he must get the approval of the Congress. The President’s administrative dutiesadministrative duties include appointing the heads of each Executive include appointing the heads of each Executive Branch department. Of course, these appointments are subject to the Branch department. Of course, these appointments are subject to the approval of the Senate. The President also has the power to request the approval of the Senate. The President also has the power to request the written opinion of the head of each Executive Branch department, written opinion of the head of each Executive Branch department, regarding any subject relating to their department. regarding any subject relating to their department.

The President’s effect on the The President’s effect on the law-making processlaw-making process is limited. Only is limited. Only Congress can write legislation; the President may only recommend it. Congress can write legislation; the President may only recommend it. Whereas only Congress may create legislation, it is difficult for them to Whereas only Congress may create legislation, it is difficult for them to pass a bill without the President’s approval. When Congress passes a bill, pass a bill without the President’s approval. When Congress passes a bill, they send it to the White House. The President then has three options: they send it to the White House. The President then has three options: sign the bill into law, sign the bill into law, vetoveto the bill, or do nothing. the bill, or do nothing.


► What is a Presidential veto?What is a Presidential veto? There are two types of There are two types of vetoes available to the President. One, the regular veto, vetoes available to the President. One, the regular veto, is a ``qualified negative veto,'' which is limited by the is a ``qualified negative veto,'' which is limited by the ability of Congress to muster the necessary two-thirds ability of Congress to muster the necessary two-thirds vote of each House for constitutional override. The other vote of each House for constitutional override. The other type of veto is not explicitly designated in the U.S. type of veto is not explicitly designated in the U.S. Constitution but is traditionally called a ``pocket veto.'' Constitution but is traditionally called a ``pocket veto.'' This veto is actually an ``absolute veto'' that cannot be This veto is actually an ``absolute veto'' that cannot be overridden. It becomes effective when the President fails overridden. It becomes effective when the President fails to sign a bill after Congress has adjourned and is unable to sign a bill after Congress has adjourned and is unable to override the veto.to override the veto.

► As of August 1, 1999, U.S. Presidents have vetoed 2,538 As of August 1, 1999, U.S. Presidents have vetoed 2,538 bills presented to them by Congress. Of that total bills presented to them by Congress. Of that total number, 1,473 were regular vetoes, and 1,065 were number, 1,473 were regular vetoes, and 1,065 were pocket vetoes. This may be appear to be a large number pocket vetoes. This may be appear to be a large number of vetoes, but it actually represents about 3 percent of of vetoes, but it actually represents about 3 percent of the approximately 93,500 bills presented to U.S. the approximately 93,500 bills presented to U.S. Presidents since George Washington. Presidents since George Washington.

The PresidencyThe PresidencyOrder of SuccessionOrder of Succession

According to the Presidential Succession Act of 1947, if According to the Presidential Succession Act of 1947, if the President of the United States is incapacitated, dies, the President of the United States is incapacitated, dies, resigns, is for any reason unable to hold his office, or is resigns, is for any reason unable to hold his office, or is removed from office (impeached and convicted), people removed from office (impeached and convicted), people in the following offices, in this order, will assume the in the following offices, in this order, will assume the office of the President, provided they are qualified as office of the President, provided they are qualified as stated by the Constitution to assume the office of the stated by the Constitution to assume the office of the President, which means they have to be must be at President, which means they have to be must be at least 35 years old, must be a natural-born U.S. citizen, least 35 years old, must be a natural-born U.S. citizen, and have lived in the U.S. for at least 14 years:and have lived in the U.S. for at least 14 years:

Vice PresidentVice President Speaker of the House Speaker of the House President Pro Tempore of the Senate President Pro Tempore of the Senate Secretary of StateSecretary of State Secretary of the Treasury Secretary of the Treasury Secretary of Defense Secretary of Defense Attorney General Attorney General

The PresidencyThe PresidencyThe last 12 U.S. PresidentsThe last 12 U.S. Presidents

► Franklin D. Roosevelt (1933 -1945), Democrat;Franklin D. Roosevelt (1933 -1945), Democrat;► Harry S. Truman (1945-1953), Democrat;Harry S. Truman (1945-1953), Democrat;► Dwight D. Eisenhower (1953-1961), Republican;Dwight D. Eisenhower (1953-1961), Republican;► John F. Kennedy (1961-1963), Democrat;John F. Kennedy (1961-1963), Democrat;► Lyndon B. Johnson (1963-1968), Democrat;Lyndon B. Johnson (1963-1968), Democrat;► Richard M. Nixon (1969-1974), Republican;Richard M. Nixon (1969-1974), Republican;► Gerald R. Ford (1974-1977), Republican;Gerald R. Ford (1974-1977), Republican;► Jimmy Carter (1977-1981), Democrat; Jimmy Carter (1977-1981), Democrat; ► Ronald W. Reagan (1981-1989), Republican;Ronald W. Reagan (1981-1989), Republican;► George Herbert Walker Bush (1989- 1993), George Herbert Walker Bush (1989- 1993),

Republican;Republican;► William J. Clinton (1993-2001, Democrat;William J. Clinton (1993-2001, Democrat;► George Walker (2001- now), Republican.George Walker (2001- now), Republican.

The PresidencyThe PresidencyThe Vice President of the United StatesThe Vice President of the United States

Article 2, section 1 of the Constitution: “The President Article 2, section 1 of the Constitution: “The President of the United States shall hold his Office during the of the United States shall hold his Office during the term of four years…together with the Vice President”;term of four years…together with the Vice President”;

The qualifications for Vice President are the same as The qualifications for Vice President are the same as President. Article II, Section 4 of the Constitution President. Article II, Section 4 of the Constitution provides that a President must be a natural-born provides that a President must be a natural-born citizen, at least 35 years old, and have been a citizen, at least 35 years old, and have been a resident of the United States for at least 14 years. The resident of the United States for at least 14 years. The Vice President must meet these same criteria. Vice President must meet these same criteria.

In addition to his role as President of the Senate, the In addition to his role as President of the Senate, the Vice President is empowered to succeed to the Vice President is empowered to succeed to the Presidency, pursuant to Article 2 and the 20Presidency, pursuant to Article 2 and the 20thth and 25 and 25thth amendments of the Constitution;amendments of the Constitution;

The executive functions of the VP include The executive functions of the VP include participation in Cabinet meetings and other participation in Cabinet meetings and other institutions. institutions.

The Structure of the The Structure of the ExecutiveExecutive

► What is the ``President's Cabinet''? What is the ``President's Cabinet''? The President's The President's Cabinet has been commonly regarded as an institution Cabinet has been commonly regarded as an institution whose existence has relied more upon custom than law. whose existence has relied more upon custom than law. Article II, section 2 of the Constitution, gives some guidance Article II, section 2 of the Constitution, gives some guidance in this matter, stating that the President ``may require the in this matter, stating that the President ``may require the Opinion, in writing, of the principal Officer in each of the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the executive Departments, upon any subject relating to the Duties of their respective Offices.'' The historical origins of Duties of their respective Offices.'' The historical origins of the Cabinet can be traced to the first President, George the Cabinet can be traced to the first President, George Washington. After the First Congress created the State, Washington. After the First Congress created the State, Treasury, and War Departments and established the Office Treasury, and War Departments and established the Office of the Attorney General, Washington made appropriate of the Attorney General, Washington made appropriate appointments and, subsequently, found it useful to meet appointments and, subsequently, found it useful to meet with the heads, also known as secretaries, of the executive with the heads, also known as secretaries, of the executive departments. departments.

► Traditionally, the membership of the Cabinet has consisted Traditionally, the membership of the Cabinet has consisted of the heads of the executive departments. Currently, there of the heads of the executive departments. Currently, there are 15 departments. are 15 departments.

► From the earliest days, Presidents have accorded to others From the earliest days, Presidents have accorded to others the privilege of attending and participating in Cabinet the privilege of attending and participating in Cabinet meetings. meetings.

The Structure of the The Structure of the ExecutiveExecutive

The President's CabinetThe President's Cabinet► The purpose of the Cabinet is to advise the President on The purpose of the Cabinet is to advise the President on

matters relating to the duties of their respective offices. matters relating to the duties of their respective offices. As the President's closest and most trusted advisors, As the President's closest and most trusted advisors, members of the Cabinet attend weekly meetings with members of the Cabinet attend weekly meetings with the President. The Constitution does not directly the President. The Constitution does not directly mention a "Cabinet," but the Constitutional authority for mention a "Cabinet," but the Constitutional authority for a Cabinet is found in Article II, Section 2. The a Cabinet is found in Article II, Section 2. The Constitution does not say which or how many executive Constitution does not say which or how many executive departments should be created. departments should be created.

► The Cabinet traditionally includes the Vice President The Cabinet traditionally includes the Vice President and the heads of executive departments.and the heads of executive departments.

► When requested by the President, other officials are When requested by the President, other officials are asked to attend these weekly meetings including, the asked to attend these weekly meetings including, the President's Chief of Staff, the Director of the Central President's Chief of Staff, the Director of the Central Intelligence Agency, the Chairman of the Council of Intelligence Agency, the Chairman of the Council of Economic Advisors, the Counselor to the President, the Economic Advisors, the Counselor to the President, the Director of the Federal Emergency Management Director of the Federal Emergency Management Agency, the Administrator of the Small Business Agency, the Administrator of the Small Business Administration, and the U.S. Representative to the Administration, and the U.S. Representative to the United Nations. United Nations.

The Executive DepartmentsThe Executive Departments►Department of StateDepartment of State (1789): It advises (1789): It advises

the President in the formulation and the President in the formulation and execution of foreign policy…execution of foreign policy…

►Department of the TreasuryDepartment of the Treasury (1789): It (1789): It performs four basic functions: formulating performs four basic functions: formulating and recommending economic, financial, and recommending economic, financial, tax, and fiscal policies; serving as tax, and fiscal policies; serving as financial agent for the U.S. Government; financial agent for the U.S. Government; enforcing the law; and manufacturing enforcing the law; and manufacturing coins and currency. coins and currency.

►Department of DefenseDepartment of Defense (1947): It is (1947): It is responsible for providing the military responsible for providing the military forces needed to deter war and protect forces needed to deter war and protect the security of the country. the security of the country.

The Executive DepartmentsThe Executive Departments►Department of JusticeDepartment of Justice (1870): It serves as (1870): It serves as

counsel for the citizens and represents them counsel for the citizens and represents them in enforcing the law in the public interest.in enforcing the law in the public interest.

►Department of the InteriorDepartment of the Interior (1849): Its (1849): Its mission is to protect and provide access to mission is to protect and provide access to the Nation's natural and cultural heritage the Nation's natural and cultural heritage and to manages the Nation's public lands and to manages the Nation's public lands and minerals, national parks, etc…and minerals, national parks, etc…

►Department of AgricultureDepartment of Agriculture (1862): It (1862): It works to improve and maintain farm income works to improve and maintain farm income and to develop and expand markets abroad and to develop and expand markets abroad for agricultural products. for agricultural products.

The Executive DepartmentsThe Executive Departments

► Department of CommerceDepartment of Commerce (1903) (1903)► Department of LaborDepartment of Labor (1913) (1913)► Department ofDepartment of Health and Human ServicesHealth and Human Services (1953) (1953)► Department ofDepartment of Housing andHousing and Urban Development Urban Development (1965) (1965)► Department of TransportationDepartment of Transportation (1966) (1966)► Department of EnergyDepartment of Energy (1977) (1977)► Department of Education Department of Education (1979)(1979)► Department of Veterans Affairs Department of Veterans Affairs (1988)(1988)► Department of Homeland Security Department of Homeland Security (2003)(2003)

The Federal AgenciesThe Federal Agencies► In general, the independent agencies In general, the independent agencies

comprise all Federal administrative comprise all Federal administrative agencies not included under the executive agencies not included under the executive departments or under the direct, departments or under the direct, immediate authority of the President. immediate authority of the President.

►These many and diverse organizations These many and diverse organizations range from regulatory commissions, to range from regulatory commissions, to Government corporations, such as the U.S. Government corporations, such as the U.S. Postal Service, to a wide variety of boards Postal Service, to a wide variety of boards and foundations. and foundations.

►Such agencies are not independent of the Such agencies are not independent of the U.S. Government and are subject to the U.S. Government and are subject to the laws that are approved by Congress and laws that are approved by Congress and executed by the President.executed by the President.

The Federal Agencies & The Federal Agencies & CommissionsCommissions

► Advisory Council on Historic PreservatioAdvisory Council on Historic Preservationn

► Central Intelligence AgencyCentral Intelligence Agency► Commodities Futures Trading Commodities Futures Trading

CommissionCommission► Consumer Product Safety Consumer Product Safety

CommissionCommission► Environmental Protection AgencyEnvironmental Protection Agency► Federal Communications Federal Communications

CommissionCommission► Federal Deposit Insurance Federal Deposit Insurance

CorporationCorporation► Federal Election CommissionFederal Election Commission► Federal Emergency Management Federal Emergency Management

AgencyAgency► Federal Reserve BoardFederal Reserve Board► Federal Trade CommissionFederal Trade Commission► National Security AgencyNational Security Agency► National Aeronautics and Space National Aeronautics and Space

AdministrationAdministration► National Archives and Records National Archives and Records

AdministrationAdministration► National Commission on Libraries National Commission on Libraries

and Information Scienceand Information Science► National Endowment for the ArtNational Endowment for the Art

► National Endowment for the HumanitieNational Endowment for the Humanitiess

► National Labor Relations BoardNational Labor Relations Board► National Science FoundationNational Science Foundation► Nuclear Regulatory CommissionNuclear Regulatory Commission► Peace CorpsPeace Corps► President's Council on Physical President's Council on Physical

FitnessFitness► Securities and Exchange Securities and Exchange

CommissionCommission► Small Business AdministrationSmall Business Administration► Smithsonian InstitutionSmithsonian Institution► Social Security AdministrationSocial Security Administration► Selective Service SystemSelective Service System► U.S. Agency for International U.S. Agency for International

DevelopmentDevelopment► U.S. Equal Employment U.S. Equal Employment

Opportunity CommissionOpportunity Commission► U.S. International Trade U.S. International Trade

CommissionCommission► U.S. Office of Government EthicsU.S. Office of Government Ethics► U.S. Postal ServiceU.S. Postal Service► Voice of AmericaVoice of America

chapter eight the executive branch of the government

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