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1. Introduction
1.1 A Contextual Outline
The United States Constitution vests executive power in the hands of one individual- the
President of United States of America. His powers are so enormous, wide and overwhelming that
he has een descried as the !foremost ruler in the world. The office of the American President
has een organised on the asis of non-parliamentar" of Presidential form of government. There
are Presidents in parliamentar" form of government too. #ut their authorit" is greatl" limited.
The" are Constitutional or nominal head of the States. The $ndian President for example, cannot
go against the advice of the Council of %inisters which is responsile to the Parliament. $n the
USA, on the other hand, the President and his Cainet is not answerale to the &egislature. ThePresident of USA is supreme in executive sphere, ma'ing of course due allowance of some
devices of internal chec's and alances. The American President is not ound down " Cainet.
He chooses his own Cainet, which is at his est personal team of advisers. $t has een rightl"
characterised as the President(s )amil", and head of the )amil", the President, inevital"
dominates them.*+gg rightl" descrie him as the !greatest ruler of the world. According to
Henr" he exercises the largest amount of authorit" ever wielded " an" man in democrac".
uite a numer of factors are responsile for this State of affairs. The Constitution is ver" clearand une/uivocal in giving all the executive powers to the President. Secondl", though he is
indirectl" elected " the 0lectoral College, in actual practice his election has ecome direct. As
such he en1o"s a greater measure of popular support.
$ndeed, the American Constitution has made the President a real executive head rather than a
titular one as is the case in parliamentar" form of government. The American President, in
respect of his powers, is est compared to the Prime %inisters of parliamentar" democracies
en1o"ing the support of a stale ma1orit" in the legislatures. 2ow he is oth, the head of the State
as well as head of the government. $n man" other nations, there is a chief of State whose duties
are largel" protocol in nature while the Prime %inister is the centre of power. #ut the American
President is the nation(s principal spo'esman of oth domestic and foreign polic".
13is, 2anc" 42ovemer *5, 67789. :How Presidents Pass The Torch:. Time. ;etrieved %a"
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The President of United States is oth more and less than a 'ing= he is also oth more and less
than a Prime %inister.
1.2 Objectives of the Study
a. To understand the significance of the Presidential form of 3overnment.
. To find out on which Principles on which Presidential form of government runs.
c. To find out the mode of election of President of USA and his Cainet.
d. To focus on the various powers and functions and comparison with other political s"stems in
the world.
Hypothesis
The American s"stem of government, egun as an experiment in liert" and democrac" in *>>
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The research paper deals with thePresidential form of Government of USA. $n this paper the
researcher endeavours to cover the various aspects of the Presidential form of 3overnment of
USA. She has also discussed aout thedifferent organs and functions of US government and
dealt with the structure of various institutions related with the government.
1.& Or!anisation of Study
The pro1ect is divided into *7 ma1or sections. The" are
*. $ntroduction This section introduces the topic B highlights the o1ectives, methodolog"
scope B limitation of the stud".
6. Presidential S"stem of 3overnment This section explains the concept of Presidential S"stem
of 3overnment and its various characteristics.
3. The American President This section deals with the explanation of the American President as
the Head of the 3overnment in the United States.#. Powersand )unctions This section deals with different powers li'e legislative. 0xecutive
etc.
&. The ice President of the United States This section deals with the owers and functions of
the ice President of the United States.
'. +ffice of 3reat Power and Dignit" This section focuses on the idea as to how the position
of the President is important and is aundant of power and dignit".(. The President(s cainet This discusses the cainet of the President and its role.
). Similarities and Differences This provides a comparison of the US s"stem with other
s"stems.
*. Conclusion This section concludes the research wor'.
1+. ;eferences This section underlines the different references used to complete this pro1ect.
2. ,residential Syste% of -overn%ent
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A presidential s"stem is a repulican s"stem of government where a head of government is also
head of state and leads an executive ranch that is separate from the legislative ranch. The
United States, for instance, has a presidential s"stem. The executive is elected and often titled
:president: and is not responsile to the legislature and cannot, in normal circumstances, dismiss
it. The legislature ma" have the right, in extreme cases, to dismiss the executive, often through
impeachment. However, such dismissals are seen as so rare as not to contradict a central tenet of
presidentialism that in normal circumstances using normal means the legislature cannot dismiss
the executive.
The title president has persisted from a time when such person personall" presided over the
government od", as with the US President of the Continental Congress, efore the executive
function was split into a separate ranch of government and could no longer preside over the
legislative od".6
Presidential s"stems are numerous and diverse, ut the following are generall" true
The executive can veto legislative acts and, in turn, a superma1orit" of lawma'ers ma"
override the veto. The veto is generall" derived from the #ritish tradition of ro"al assent in
which an act of parliament can onl" e enacted with the assent of the monarch. The president has a fixed term of office. 0lections are held at regular times and cannot e
triggered " a vote of confidence or other parliamentar" procedures. Although in some
countries there is an exception, which provides for the removal of a president who is found to
have ro'en a law. The executive ranch is uni-personal. %emers of the cainet serve at the pleasure of the
president and must carr" out the policies of the executive and legislative ranches. Cainet
ministers or executive departmental chiefs are not memers of the legislature. However,
presidential s"stems often need legislative approval of executive nominations to the cainet,
1udiciar", and various lower governmental posts. A president generall" can direct memers of
the cainet, militar", or an" officer or emplo"ee of the executive ranch, ut cannot direct or
dismiss 1udges.5
The president can often pardon or commute sentences of convicted criminals.
2Sund/uist, Eames 4*FF69. Constitutional ;eform and 0ffective 3overnment. #roo'ings $nstitution
Press. p. **.
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Countries that feature a presidential s"stem of government are not the exclusive users of the title
of President. )or example, a dictator, who ma" or ma" not have een popularl" or legitimatel"
elected ma" e and often is called a president. &i'ewise, leaders of one-part" states are often
called presidents. %ost parliamentar" repulics have presidents, ut this position is largel"
ceremonial= notale examples include 3erman", $ndia, $reland, $srael and $tal". The title is also
used in parliamentar" repulics with an executive presidenc", and also in semi-presidential
s"stems.G
2.1 Criticis% and "isadvanta!es
Critics generall" claim three asic disadvantages for presidential s"stems
Tendenc" towards authoritarianism some political scientists sa" presidentialism raises the
sta'es of elections, exacerates their polari@ation and can lead to authoritarianism 4&in@9. Political gridloc' the separation of powers of a presidential s"stem estalishes the
presidenc" and the legislature as two parallel structures. Critics argue that this can create an
undesirale and long-term political gridloc' whenever the president and the legislative
ma1orit" are from different parties, which is common ecause the electorate usuall" expects
more rapid results from new policies than are possile 4&in@, %ainwaring and Shugart9. $n
addition, this reduces accountailit" " allowing the president and the legislature to shift
lame to each other. $mpediments to leadership change presidential s"stems often ma'e it difficult to remove a
president from office earl", for example after ta'ing actions that ecome unpopular.
3. he A%erican ,resident
3David Sirota 4August 66, 67789. :?h" cult of presidenc" is ad for democrac":. San )rancisco
Chronicle. ;etrieved 677F-7F-67
42elson, Dana D. 467789. #ad for Democrac" How the Presidenc" Undermines the Power of the
People. %inneapolis, %innesota Universit" of %innesota Press. p. 6G8. $S#2 F>8-7-8*
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Article $$, section *, of the US Constitution provides that :the executive Power shall e vested in
a President of the United States of America. He shall hold his +ffice during the Term of four
Iears, together with the ice President, chosen for the same Term...: $n addition to the powers
set forth in the Constitution, federal law has conferred upon the President specific authorit" and
responsiilit" covering a wide range of matters.
Advised " the Departments of Defence and Homeland Securit", and the Eoint Chiefs of Staff,
the President also serves as Commander $n Chief of all United States militar" forces deplo"ed
around the world.8F, that ship
has sailed.
+ne must also e at least 5 "ears of age to e president. Eohn ). Kenned" was the "oungest
person to e elected president= he was G5 "ears old when he was inaugurated in *F
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)inall", one must live in the United States for at least *G "ears to e president, in addition to
eing a natural-orn citi@en. The Constitution is vague on this point. )or example, it does not
ma'e clear whether those *G "ears need to e consecutive or what the precise definition of
residenc" is. So far, however, this re/uirement has not een challenged.>
/lection to the office of ,resident0
0ver" fourth 2ovemer, after almost two "ears of campaign h"pe and mone", over F7 million
Americans vote for the presidential candidates. Then, in the middle of Decemer, the president
and vice president of the United States are reall" elected " the votes of onl" 58 citi@ens -- the
:electors: of the 0lectoral College.
Ho the /lectoral Colle!e /lects the ,resident0
?hen one votes for a Presidential candidate he is reall" voting to instruct the electors from his
state to cast their votes for the same candidate. )or example, if one votes for the ;epulican
candidate, he is reall" voting for an elector who will e :pledged: to vote for the ;epulican
candidate. The candidate who wins the popular vote in a state wins all the pledged votes of the
stateJs electors.
The 0lectoral College s"stem was estalished in Article $$ of the Constitution and amended "
the *6th Amendment in *87G.
0ach state gets a numer of electors e/ual to its numer of memers in the U.S. House of
;epresentatives plus one for each of its two U.S. Senators. The District of Columia gets three
electors. ?hile state laws determine how electors are chosen, the" are generall" selected " the
political part" committees within the states.
0ach elector gets one vote. Thus, a state with eight electors would cast eight votes. There are
currentl" 58 electors and the votes of a ma1orit" of them , 6>7 votes , are re/uired to e elected.
7Eohn #a"lis B Steve Smith , The gloali@ation of ?orld Politics, Gth ed. 6778, +xford Universit" Press.
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Since 0lectoral College representation is ased on congressional representation, states with
larger populations get more 0lectoral College votes.
Should none of the candidates win 6>7 electoral votes, the *6th Amendment 'ic's in and the
election is decided " the House of ;epresentatives. The comined representatives of each state
get one vote and a simple ma1orit" of states is re/uired to win. This has onl" happened twice.
Presidents Thomas Eefferson in *87* and Eohn uinc" Adams in *86 were elected " the House
of ;epresentatives.8
?hile the state electors are :pledged: to vote for the candidate of the part" that chose them,
nothing in the Constitution re/uires them to do so. $n rare instances, an elector will defect and
not vote for his or her part"Js candidate. Such :faithless: votes rarel" change the outcome of theelection and laws of some states prohiit electors from casting them.F
8Anup Chand Kapur, K.K. %ishra, Select Constitutions, *
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#. ,oers and functions of the A%erican ,resident
#.1 $e!islative functions of the A%erican ,resident
The President of the United States is commonl" referred to as the most powerful person in the
free world, ut his legislative powers are strictl" defined " the Constitution and " a s"stem of
chec's and alances among the executive, legislative and 1udicial ranches of the government.
#.1.1 Approvin! $e!islation
Although it is the responsiilit" of Congress to introduce and pass legislation, it is the presidentJs
dut" to either approve those ills or re1ect them. +nce the president signs a ill into law, it goes
immediatel" into effect unless there is another effective date noted. +nl" the Supreme Court ma"
remove the law, " declaring it unconstitutional.
The president ma" also issue a signing statement at the time he signs a ill. The presidential
signing statement ma" simpl" explain the purpose of the ill, instruct the responsile executive
ranch agencies on how the law should e administered or express the presidentJs opinion of the
lawJs constitutionalit".
#.1.2 etoin! $e!islation
The president ma" also veto a specific ill, which Congress can override with a two-thirds
ma1orit" of the numer of memers present in oth the Senate and the House when the override
vote is ta'en. ?hichever chamer of Congress originated the ill ma" also rewrite the legislation
after the veto and send it ac' to the president for approval.
The president has a third option, which is to do nothing. $n this case, two things can happen. $f
Congress is in session at an" point within a period of *7 usiness da"s after the president
receives the ill, it automaticall" ecomes law. $f Congress does not convene within *7 da"s, the
ill dies and Congress cannot override it. This is 'nown as a poc'et veto.
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o Con!ressional Approval eeded
There are two wa"s that presidents can enact initiatives without congressional approval.
Presidents ma" issue a proclamation, often ceremonial in nature, such as naming a da" in honour
of someone or something that has contriuted to American societ". A president ma" also issue
an executive order, which has the full effect of law and is directed to federal agencies that are
charged with carr"ing out the order. 0xamples include )ran'lin D. ;ooseveltJs executive order
for the internment of Eapanese-Americans after the attac' on Pearl Harour, Harr" TrumanJs
integration of the armed forces and Dwight 0isenhowerJs order to integrate the nationJs schools.
Congress cannot directl" vote to override an executive order in the wa" the" can a veto. $nstead,
Congress must pass a ill cancelling or changing the order in a manner the" see fit. The president
will t"picall" veto that ill, and then Congress can tr" to override the veto of that second ill.
The Supreme Court can also declare an executive order to e unconstitutional. Congressional
cancellation of an order is extremel" rare.
#.1.3 he ,resident4s $e!islative A!enda
+nce a "ear, the president is re/uired to provide the full Congress with a State of the Union
address. At this time, the president often la"s out his legislative agenda for the next "ear,
outlining his legislative priorities for oth Congress and the nation at large.
$n order to help get his legislative agenda passed " Congress, the president will often as' a
specific lawma'er to sponsor ills and lo" other memers for passage. %emers of the
presidentJs staff, such as the vice president, his chief of staff and other liaisons with Capitol Hill
also will lo" representatives to tr" to garner support for the legislation.
A presidential veto is the re1ection of a ill passed " the ma1orit" votes of oth the House of
;epresentatives and the Senate. ?hile Congress can vote to override a presidential veto, causing
the ill to ecome law without the presidentJs approval, this is rarel" done. %ore often than not,
the threat of presidential veto is sufficient motivation for Congress to modif" the ill prior to its
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final passage. This article provides a rief overview of procedures involved in vetoing a ill and
the wa"s Congress can respond to a presidential veto.*7
#.1.# he eto ,rocess
?hen a ill is passed " oth the House and Senate, it is sent to the president for his signature.
All ills and 1oint resolutions, except those proposing amendments to the Constitution, must e
signed " the president efore the" ecome law. Amendments to the Constitution, which re/uire
a two-thirds vote of approval in each chamer, are sent directl" to the states for ratification.
?hen presented with legislation passed " oth houses of Congress, the president is
constitutionall" re/uired to act on it in one of four wa"s sign it into law within the *7-da" period
prescried in the Constitution, issue a regular veto, let the ill ecome law without his signatureor issue a :poc'et: veto.
5e!ular veto
?hen Congress is in session, the president ma", within the *7-da" period, exercise a regular veto
" sending the unsigned ill ac' to the chamer of Congress from which it originated along
with a veto message stating his reasons for re1ecting it. Currentl", the president must veto the ill
in its entiret". He ma" not veto individual provisions of the ill while approving others.
;e1ecting individual provisions of a ill is called a :line-item: veto. $n *FF
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he ,oc7et eto
?hen Congress is ad1ourned, the president can re1ect a ill " simpl" refusing to sign it. This
action is 'nown as a :poc'et veto,: coming from the analog" of the president simpl" putting the
ill in his poc'et and forgetting aout it. Unli'e a regular veto, Congress has neither the
opportunit" nor constitutional authorit" to override a poc'et veto.
Ho Con!ress responds to a veto
?hen the President returns a ill to the chamer of Congress from which it came, along with his
o1ections in the form of aveto message, that chamer is constitutionall" re/uired to
:reconsider: the ill. The Constitution is silent, however, on the meaning of :reconsideration.:According to the Congressional ;esearch Service, procedure and tradition govern the treatment
of vetoed ills. :+n receipt of the vetoed ill, the PresidentJs veto message is read into the 1ournal
of the receiving house. After entering the message into the 1ournal, the House of ;epresentatives
or the Senate complies with the constitutional re/uirement to JreconsiderJ " la"ing the measure
on the tale 4essentiall" stopping further action on it9, referring the ill to committee, postponing
consideration to a certain da", or immediatel" voting on reconsideration 4vote on override9.:
Overridin! a veto
Action " oth the House and the Senate is re/uired to override a presidential veto. A two-thirds
ma1orit" vote of the %emers present is re/uired to override a presidential veto. $f one house
fails to override a veto, the other house does not attempt to override, even if the votes are present
to succeed. The House and Senate ma" attempt to override a veto an"time during the Congress in
which the veto is issued. Should oth houses of Congress successfull" vote to override a
presidential veto, the ill ecomes law. According the Congressional ;esearch service, from
*>8F through 677G, onl" *7< of *,G8G regular presidential vetoes were overridden " Congress.**
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http://usgovinfo.about.com/od/thepresidentandcabinet/a/stemcellveto.htmhttp://usgovinfo.about.com/od/thepresidentandcabinet/a/stemcellveto.htmhttp://usgovinfo.about.com/od/thepresidentandcabinet/a/stemcellveto.htm -
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#.2 he /xecutive ,oers
The president(s executive powers are derived from the Constitution, from the Statutes, and from
the implications of his office.
i8 Head of Ad%inistration0 He is the head of the administration. $t is his dut" to see that
the Constitution, laws and the treaties of the United States and 1udicial decisions rendered
" the federal courts are dul" enforced throughout the countr". $n the fulfillment of his
dut", he ma" direct the heads of departments and their suordinates in the discharge of
the functions vested in them " the Acts of Congress. The Constitution empowers him tore/uire the opinion, in writing, of the principal officer in each of the executive
departments. This gives him control over the Cainet.*6
ii8 ,oer of Appoint%ents0 As administrative head, the President appoints, with the advice
and consent of a simple ma1orit" of the senators present, amassadors, ministers, consults
federal 1udges, and other officers of the United States whose appointments are not
otherwise provided for in the Constitution. $f vacancies occur in such offices while the
Senate is not in session, the President ma" fill them until the end of the next session of
the Senate. Congress ma" " law vest the appointment of the inferior officers in the
President alone, in the courts of law, or in the heads of departments. $t is now a
convention that the Senate does not normall" refuse its consent to the President(s choice
of the heads of the departments who acts as his principal advisers.
iii8 Senatorial Courtesy0There are a numer of federal officers, especiall" those of a local
nature, who are su1ect to a rule 'nown as senatorial courtesy. This rule decrees that the
senate will refuse to confirm the President(s nomination of an appointee in a particular
State if either senator from the state o1ects.
iv8 ,oer of re%oval0 The power to appoint according to the Supreme Court interpretations,
includes the power to remove. Thus the senate(s consent is not necessar" for the removal
12+ur 3overnment ,The 0xecutive #ranch, The ?hite House, www.?hitehouse.com, accessed on th
%arch, 67**.
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of officers " the President. The President is the commander-in-chief of the Arm", 2av",
Air )orce and of the militia of the States when called into the service of the United States.
v8 ,oer in 9orei!n Affairs0 The conduct of foreign affairs is in the hands of the President,
ut a treat" made " him re/uires ratification of two third of the senate.
vi8 ,oer in ar0 Though the power to declare war elongs to congress as a whole, clearl"executive action ma" ring negotiations to such a pass as to ma'e war almost inevitale.
vii8 Control over Cabinet0 $t should e noted that the Cainet, as a collective od" for the
purpose of formulating the polic" of the nation, is not mentioned in the Constitution. $t is
made up of his personal choices and is completel" suordinate to him. He is not ound "
its decisions.*5
#.3 he :udicial ,oers
The President has the power to grant reprieves and pardons for offences against the Unites
States, except in cases of impeachment. $t is this constitutional power that President )ord
exercised in *F>G when he pardoned former President 2ixon, for his role in the ?atergate cover-
up.
#.# ,oers of the Head of the State
The President of the United States is not onl" the head of the executive ranch of the government,
he is also the head of the State and performs, li'e the #ritish ueen, the ceremonial dignified
functions. The functions of the head of the State and the head of the government are comined in
hiss person. This fact imparts special dignit" and prestige to his office.*G
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14httpLLwww.foreignaffairs.comLarticlesL
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&. he ice ,resident of the ;nited States
The vice president, who also is a memer of the Cainet, serves as president in the event that the
president is unale to do so for an" reason or if the president steps down. The vice president also
presides over the Senate and can cast a deciding vote in the event of a tie.
The ice President of the United States is the second-highest pulic office created " the United
States Constitution. The ice President, together with the President of the United States, is
indirectl" elected " the people through the 0lectoral College to a four-"ear term of office.The
vice president is the first person in the presidential line of succession, and would ascend to the
Presidenc" upon the death, resignation, or removal of the President.*
The vice president is also president of the United States Senate. $n that capacit", he is allowed to
vote in the Senate when necessar" to rea' a tie. ?hile Senate customs have created
superma1orit" rules that have diminished this Constitutional power, the vice president still retains
the ailit" to influence legislation 4e.g. the Deficit ;eduction Act of 6779.Pursuant to the
Twelfth Amendment, the ice President presides over the 1oint session of Congress when it
convenes to count the vote of the 0lectoral College.*