The Executive BranchThe Presidency

I. Presidential Roles• Chief of State*• Chief Executive*• Chief Administrator*• Chief Diplomat*• Commander in Chief*• Chief Legislator*• Chief of Party• Chief Citizen

Chief of State• The Ceremonial head

of the government of the United States

• A symbol of all the people of the nation

• In many countries today the chief of state is symbolic only reigning but not ruling

• In the United States the President Reigns and Rules

Chief Executive

• The constitution grants the President as the chief executive• There are

numerous checks on the President’s powers• Approval from

Congress for most actions.

Chief Administrator

•Director of the huge executive branch of the Federal Government• The largest governmental machine in the world• Lots of managerial duties and directives

Chief Diplomat

• Designs American Foreign Policy• Chief spokesman

to the rest of the world• Appoints with

confirmation the Secretary of States

Commander in Chief

• The Constitution grants the president authority over the Army and Navy• Congress does have to

approve many military actions and treaties• But The military

answers to the President as the Commander in Chief

Chief Legislator• The President sets the

agenda at Congress• Demands, suggests,

initiates, requests various pieces of legislation.• Often at odds with

Congress• Congress can ignore or

delay policies• The President must work

with Congress to accomplish any change.

Chief of Party

• Automatically the Chief of his/her Political Party• This role has

tremendous power and influence on the direction of the country• Party Cooperation is

critical

Chief Citizen

• The Representative of ALL the people• Greatest good for

the greatest number of people- Utilitarianism

II. The President• Formal Qualifications• Terms• Benefits• Political Experience• Other Characteristics• 2008 Precedents

Formal Qualifications• “No person except a natural born citizen, or a citizen of the

United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of 35 years and been 14 years a resident within the United States.”

• “Natural born citizen” – A person born by two Citizen parents outside the U.S. is still a natural born Citizen.

• “14 years a resident within the United States” – Also not necessarily the case as was true with General Eisenhower and Herbert Hoover.

• At least 35 years old. Obama and Clinton were both less than 50, Reagan was the oldest elected at 69.

The Presidential Term• The Framers decided upon a 4 year term. • George Washington refused to seek a 3rd term and set a

precedent that lasted over 100 years• Franklin D. Roosevelt won 4 terms and in reaction congress

passed the 22nd amendment to limit the president to 2 terms• “No person shall be elected to the office of the President more

than twice and no person who has held the office of president, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once.”

• Are there better situations? Are there better scenarios?

Pay and benefits • $25,000 in 1789 and now $400,000 a year

• $50,000 for expenses that is taxed as income

• Life in the White House• Staff, A fleet of automobiles

and Air Force One• Camp David• Great Healthcare

Political Experience• Most candidates have

substantial public service experience

• Scandal free political experiences.

• Demonstrated vote-getting ability

• Governors are traditional picks for the candidates.

Other Characteristics• Almost exclusively

Protestant• Virginia (8), Ohio (7), New

York & Mass. (4).• Nominees usually have a

pleasant and healthy appearance

• Seem to be happily married and an attractive family for photo opportunities.

• Excellent public speakers

2008: A year of precedents

• Hillary Clinton came close to being the Democratic Nomination

• Sarah Palin was the Republican Vice-Presidential nominee

• John McCain- 72 from Arizona

• Barack Obama- 47-Mixed Race with a Kenyan Father and White Mother

III: The Vice-Presidency• The Constitution and

Succession• Presidential Disability• The Vice Presidency

Presidential Succession• The constitution only declared that the powers and duties

transfer to the president.• “In case of the removal of the president from office, or of his

death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death , resignation or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.”

• The Presidential Succession Act of 1947.

• Vice President• Speaker of the House• President pro tempore of the

Senate• Secretary of State• Secretary of the Treasury• Secretary of Defense • And every other cabinet head in

the order that Congress created them

Presidential Disability• The 25th Amendment outlines a process

for if or when a president becomes disabled.

• The Vice President becomes President if: • The President informs Congress that he or

she can not serve• The Vice President and a majority of the

Cabinet inform congress that the President can not serve.

• The President resumes power when he is able but this can be challenged

The Vice-Presidency• “President in Waiting”• President of the Senate• Determines disability• The 2-Party system creates

an office that “balances the ticket” rather than representing the people

• Can not be fired by the president.

• The 25th amendment outlines succession

• Biden & Cheney

IV: The Powers of the President• The Executive Powers• Executing the Law• The Ordinance Power• The Appointment Power• Executive Privilege

• Diplomatic and Military Powers• Making Treaties• Making War

• Legislative Powers• Recommending Legislature• The Veto• Signing Statements• Other Powers and Controversy

• Judicial Powers

Executing the Law• The Presidential Oath:• “I do solemnly swear (or affirm) that I will

faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

• The President must enforce ALL federal laws…..

• To enforce a President must interpret…..• Because Congressional laws are very

broad in nature.

The Ordinance Power• Executive Orders are rules or regulations

that have the effect of law.• This is where “Executive Orders”

originate• The Constitution does not specifically

mention the power• But in order to enforce the laws the

President must have the power to create Executive Orders.

• As the federal government has grown, through laws passed by Congress the number of orders has grown.

The Appointment Power• The President Appoints 3,000 of the 2.7 million civilian workers

for the Federal Government• The president Appoints the top-ranking officers of the Federal

Government. Including:• Ambassadors and diplomats• Cabinet members• The heads of independent agencies• All federal judges, US Marshals and attorneys• Military Officers

• Appointees must be approved by the Senate (except the lower level state appointees…)

• Recess appointments are used to bypass the approval of the Senate

Executive Privilege• The President can refuse to

disclose certain information to Congress or the federal courts.

• This is a power that Congress has never recognized….

• The Federal courts recognize the privilege unless that information is necessary for a criminal trial.

• President Ronald Reagan: 3• President George H.W. Bush: 1• President Bill Clinton: 14• President George W. Bush: 6• President Barack Obama: 1

IV: The Powers of the President• The Executive Powers• Executing the Law• The Ordinance Power• The Appointment Power• Executive Privilege

• Diplomatic and Military Powers• Making Treaties• Making War

• Legislative Powers• Recommending Legislature• The Veto• Signing Statements• Other Powers and Controversy

• Judicial Powers

Diplomatic and Military Powers• Foreign Policy has been

increasingly a tool of the President as an extension of his or her role as Commander in Chief of the Nation’s military.

• The power to make war or to threaten war has been a powerful tool at the President’s disposal

The Power to Make Treaties• A formal agreement between two or more sovereign

states• The Senate must give its approval of a treaty by 2/3

of its members, Advice and Consent• The President can then ratify the treaty• Treaties have the same legal standing as acts of

Congress• An existing law may be repealed by a treaty • Or a law can repeal the terms of a treaty • The court can determine the Constitutionality of a

treaty or its provisions

Treaties and the Senate• The 2/3 threshold is difficult to meet

in the Senate• A minority can block the will of the

majority• In order to bypass this approval the

President can call for a joint-resolution.

• A joint-resolution only requires a simple majority in both houses of congress

Executive Agreements• Another way of by passing the Senate

as these agreements do not need Senate approval

• They do not supersede federal or state laws but are binding

• New Presidents can choose which agreements to honor as they do not carry the rule of law within the United States

The power of Recognition• The recognition of another sovereign state by

receiving the diplomatic representatives of another state.

• Recognition does not mean the United States respects or wants to work with that country.

• Recognizing the government of a revolutionary group as legitimate or of a new state is tremendous power

• The US can show displeasure with the expulsion of diplomats which declares them to be persona non grata

• The U.S. can also withdraw their diplomats from a country

Commander in Chief• Generals and field commanders make

most of the day to day decisions of war

• The president can exercise his or her power to direct forces in certain ways but this rarely happens.

• Most critical decisions will end up being made by the President

• Congress has considerable war powers and is required to declare war

• Declarations of war are rare events

Undeclared War• Most of our conflicts have

been fought without declarations of war

• The last time we declared war was in WW2

• Joint resolutions are used to authorize military force.

• The War Powers Resolution- Was passed in 1973 after Nixon Vetoed the bill.

The War Powers Resolution• The statute provides that the President can commit American

military forces to combat only if:• 1) Congress has declared war• 2) If Congress has authorized that action, or• 3) when an attack on the nation or its armed forces has

occurred• If troops are sent to combat in the 3rd instance the President

must report it to Congress within 48 hours and• The troops must be withdrawn in 60 days unless Congress

agrees• Congress can pass a joint-resolution forcing the end of any US

deployment in those 60 days.

IV: The Powers of the President• The Executive Powers• Executing the Law• The Ordinance Power• The Appointment Power• Executive Privilege

• Diplomatic and Military Powers• Making Treaties• Making War

• Legislative Powers• Recommending Legislature• The Veto• Signing Statements• Other Powers and Controversy

• Judicial Powers

Legislative Powers• Recommending Legislation:• “The President shall from

time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient..”

• The State of the Union is one of these messages

• The President also gives a Budget address and an Economic Report

The Veto Power• All bills and resolutions must be signed by the President• The President has 4 options:• The President can sign the bill and it will become law• The President can veto the bill and send it back to Congress

where it needs 2/3 votes in each chamber to override the veto• The Bill can become law if the President takes no action for 10

days• The Pocket veto can occur if Congress adjourns within ten days of

sending a bill to the White House• Presidential vetoes are rare as most of the time the bills will

be revised under the threat of a veto.

The Signing Statements• Statements attached to bills that act as a means for the

President to interpret them• There are 3 types: Political, Rhetorical or Constitutional• Political: Defines vague terms to aid in implementation• Rhetorical: motivates the Party of the President• Constitutional: Points out aspects the President may find in

violation of the constitution to aid in enforcement• Signing Statements do not carry the rule of law• The Constitution does not address them• But in reality they indicate how the President will enforce

certain provisions

The Line Item Veto• If a President wants to veto a law the entire law must be

vetoed • The Line Item Veto would allow the President to only veto

certain provisions• In 1996 a law was passed that gave the President this power

but the Supreme Court Struck it down• The line Item veto would be best for budget bills that contain

wasteful spending• Pros and Cons to a line Item veto?

Judicial Powers• The Constitution gives the President the power to “Grant

Reprieves and Pardons for offenses against the United States, except in cases of Impeachment.”

• A Reprieve is the postponement of the execution of a sentence

• A Pardon is legal forgiveness of a crime• They can only be used for Federal Crimes and offenses often

called Clemency• The President can also use the power of granting amnesty, a

blanket pardon offered to a group of law violators