THE EXECUTIVE BRANCH

The Executive Branch

• Article II• “faithfully execute

the laws of the United States.”

• Created office of the President & Vice President

• REQUIREMENTS

• 1. Must be at least 35 years of age

• 2. Must be a natural born citizen *

• 3. Must have lived

in the U.S. for 14 years

*****Although not specifically states, the requirements for the Vice President are the same as the requirements for the President

The Executive Branch POWERS- Commander in Chief

• Importance: Civilian leader of the military• Prevents military dictatorship within history• THIS DOES NOT MEAN THE PRESIDENT

DECLARES WAR!!!!!*CONGRESS DECLARES WAR

*WAR POWERS ACT• Presidents who have used this power-

Lincoln, T.Roosevelt, Truman, Johnson, Nixon

War Powers• Review the critical sections of the Constitution• Summarize the relative responsibilities of the President

and Congress• Does Congress have any say over the military once war is

declared?• Can Congress attach conditions or restrictions on the

President in its declaration of war?• Does the President only become the commander-in-chief

after war is declared?• Can the President order troops into another part of the

world without Congressional approval?

War Powers

• Why would a president act without seeking Congressional approval?

• Why would Congress and the public allow this to happen?• What anxieties/security concerns contributed to the sense

that the President needed increased authority?• What technological factors contributed to the belief that

the President needed the power to act swiftly without consulting Congress?

War Powers• Review the War Powers Act- circle/underline/translate the key

provisions• Will the War Powers Act restore an appropriate balance between

Presidential and Congressional power?• Is this act consistent with the Constitution’s terms and intentions?• Does the President retain the flexibility he needs?• Does Congress retain control over where and when the United States

goes to war?• Is 60 days long enough? Too long?• Could enemies just wait out the 60 days?• Can the President force Congress to declare war by deploying troops

in hostile situations?• Can Congress constitutionally force the President to withdraw troops

that he has legally deployed?

The Executive Branch POWERS- Pardons & Reprieves

• Importance: Check on the Judicial branch• PARDON: Official government forgiveness of a crime• REPRIEVE: Shortening/Commuting a sentence• Famous pardons: Eugene Debs (Harding);

FORD PARDONS NIXON• Some are controversial because they are done at end of

administration• Pardons & Reprieves are final, but if done with illegal

intentions, President is subject to penalty (Clinton)

The Executive Branch POWERS-Veto Power

• Importance: Check on Legislative BranchPresident becomes involved in the creation of legislation with this threat

• Power of veto demonstrates power of the office or lack thereof (if overridden)

• Total Vetoes-2560• Total Overrides-110• Percentage of vetoes overridden- 4%

(http://www.infoplease.com/ipa/A0801767.html)

• Line Item Veto???

The Executive Branch POWERS- Treaty making

• Importance: Allows President to be major player within foreign policy arena

• This power is shared with Senate, who must ratify the treaty by 2/3 majority

• Famous Treaties: Treaty of Versailles (not passed), NAFTA, creation of NATO

• Total # of treaties rejected by Senate- 21

The Executive Branch POWERS- Appointments

• Importance: Check on judiciary and important in creation and executing policy

• Very rarely is President’s choice declined• Simple majority vote needed (SENATE)• 27 Supreme Court nominees have been

rejected (153)• 9 presidential cabinet appointees have been

rejected• Recess Appointments????

The Executive Branch POWERS- State of the Union

• Importance: Public persuasion• Allows President to announce policy goals

and direction of country• Does not have to be done in person

From Jefferson to T. Roosevelt, done by letter; Wilson begins making it in person

The Executive Branch POWERS- Calling Sessions of Congress

• President may call special sessions of Congress for important matters

• Check on the Legislative Branch

The Executive Branch The Ordinance PowerExecutive Orders/Agreements

• Not a formal power• Exec. Order: acts with the power of a law• Exec. Agreement: acts with the power of a

treaty• Differences: 1)these do not go through

Congress and 2) does not have to be followed by next President

• Can be ruled unconstitutional by courts

Executive Order by President

0

500

1000

1500

2000

2500

3000

3500

4000

FDR Truman Ike JFK LBJ Nixon Ford Carter Reagan Bush Clinton

1011

The Executive Branch The President- The Bully Pulpit

• “The job of the president is not one of command but one of persuasion.”

• “The job of the president is to persuade people “to do the things they ought to have the sense enough to do without my persuading them.”- Harry Truman

• 3 major audiences- DC politicians, Party politicians, General public

• Goal: Turn public support into influence

Executive Privilege•Refers to the assertion made by the Presidentor other executive branch officials when they

refuse togive Congress, the courts, or private partiesinformation or records which have been

requested orsubpoenaed, or when they order governmentwitnesses not to testify before Congress.

•The assertion is based on the constitutional doctrine

of separation of powers, is always controversial,subject to interpretation, and often rejectedU.S. v Nixon- Famous case dealing with Executive Privilege

THE EXECUTIVE BRANCH

THE LEGISLATIVE BRANCH

1. Can veto laws

2. Can call special sessions of Congress

3. Negotiates Treaties

4. Executive Privilege

Executive Branch Checks and Balances

THE JUDICIAL BRANCH

1. Appoints Judges

2. Can pardon and reprieve criminals

Presidential Succession Act-1947NOT IN THE CONSTITUTION

1. Vice President

2. Speaker of the House

3. President Pro Temp (Most Senior member of the Majority party in the Senate)

4. Cabinet Secretaries (in order their department was created)

The Executive BranchOther Interesting Facts & Info

Compensation•Salary: $400,000 (upgraded from $200,000)

•Free Housing (The White House)•Free Transportation (Air Force One + Limo service)• Fringe Benefits: Free Health Care, Secret Service

•Pension: $191,300/year for life, Spouse: $20,000/year

The Executive BranchAmendments Dealing w/ President

• Amendment 12: Electoral college shall have separate votes for President and Vice President

• Amendment 20: Inauguration Day: Jan. 20, if President elect dies before taking office, Vice President elect shall become new president

The Executive BranchAmendments Dealing w/ President

• Amendment 22: Known as the FDR amendment, no president shall serve more then 2 terms or 10 years in office

• Amendment 25: Known as the JFK amendment, • 1) when vacancy opens in Vice President office, President may

appoint new one w/ consent from both houses, • 2) President may temp give up position by written letter to

SOTH & Pres. Pro Temp (must write new letter to resume power)

• 3) Vice President and majority of cabinet can write letter to remove President, or 2/3 of Congress can declare the President unable to rule

How Do We Elect Our Presidents?

Primaries, Caucuses, and the Electoral College

Primaries & Caucuses

• Primaries and Caucuses are how the parties select their candidate

• Difference between P’s and C’s• Open vs Closed vs Blanket Primaries• http://www.khanacademy.org/video/primaries-an

d-caucuses?playlist=American+Civics• This is seen as more democratic than the old

system of letting party bosses select candidates• Problems: Frontloading, TV/Media, $

The Election of the President of the U.S.

The Electoral Collegehttp://www.commoncraft.com/video/electing-us-president http://www.youtube.com/watch?v=OUS9mM8Xbbw&feature=feedu http://www.youtube.com/watch?v=7wC42HgLA4k&feature=relmfu http://www.youtube.com/watch?v=ec9-vGUQkmk

Is it a necessary evil or an outdated institution????

The Electoral College

WHAT IS IT?

•Every state is allotted votes based upon # of Representatives and Senators. This vote actually chooses the President.**

HOW DOES IT WORK?

•Parties pick slate of people who commit to voting for their party’s candidate; FAITHLESS ELECTOR

• General Election held

• 270 electoral votes to win (if no winner, election to the House); WINNER TAKE ALL SYSTEM

WHY HAVE IT?-Gives power to small states -Check upon illiterate people

2008 Election Results

In 2000, George W. Bush carried 2,439 counties to 674 for Sen. Al Gore. Bush lost the popular vote but won the election.

2000 Election

Historical Elections- Problems w/ the Electoral College

• Election of 1800-Jefferson vs Burr- No majority-Election goes to the House-Result: 12th Amendment

• Election of 1824J.Q. Adams vs Andrew Jackson-No majority -Election goes to the House

• Election of 1888 & 2000Benj. Harrison & George W Bush become President even though they lose popular elections

• Election of 1876Sam Tilden (D)

4,284,020Rutherford Hayes (R)

4,036,572• How did he win?• Tilden- 203

Hayes- 166• How did he win• Congressional review of

election ( 3 states-19 Elec votes)• Committee- 9 Rep vs 8 Dem• Committee agrees to change

outcome in each state

Is the Electoral College Fair?California- 55 electoral votes-10.2% of electoral votes-12% of population

Texas- 34 electoral votes-6.3% of electoral votes-7.4% of population

New York- 31 electoral votes-5.8% of electoral votes- 6.7% of population

Florida- 27 electoral votes- 5% of electoral votes- 5.7% of population

Illinois- 21 electoral votes- 3.9% of electoral votes- 4.4% of population

Alaska -Delaware-DC-Montana-North/South Dakota-Vermont

All have 3 electoral votes (.6% of the electoral votes)

But make up only .2% of the population

The Executive Branch- The PresidentThe Main Roles of the Modern President

Are presidents unable to govern effectively because public expectations are too high?

• 1. The President= Chief of State• 2. The President= Chief Executive• 3. The President= Commander-In-Chief• 4. The President= Chief Diplomat• 5. The President= Chief Legislator• 6. The President= Party Leader• 7. The President= Popular Leader “Chief Citizen”• 8. The President= Chief Administrator

Hail to the Chief

Chief executive• The President as the holder of the

executive power of the United States.

• Appointing the head of the CIA• Appointing Justices to the

Supreme Court (with the consent of the Senate)

• Holding cabinet meetings to discuss government business.

• Reading FBI reports on the state of national security.

• Granting pardons and reprieves.

Hail to the Chief

Chief of state• The President as ceremonial head of the United

States. • Awarding medals to the winners of college

scholarships. • Congratulating astronauts on their journey into

space. • Greeting visitors to the White House.• Making a patriotic speech on the Fourth of July.• Delivering the State of the Union Address

Chief diplomat• The President as the main architect of American foreign

policy and the nation’s chief spokesperson to other countries.

• Makes official visits to other nations • Appoints Ambassadors (with consent of Senate)• Makes Treaties (with consent of Senate)• Organizes the U.S. foreign policy• Determines how the U.S. will deal with other nations• United Nations• Represents the U.S. in foreign negotiations

Hail to the Chief

Chief administrator• The President as the leader of the

executive branch of the federal government.

• Head of the Executive Branch• 2.7 million employees• $2.5 trillion budget

Chief of party*• The President as the leader of his

political party.• Choosing leading party members to

serve on the Cabinet.• Traveling to Iowa to speak at rally for

a party nominee to the U.S. Senate.

Chief citizen*

The President as the representative of all the people.He is the country’s moral compassShows people how they should act

Leads the nation in celebration and sorrow

Hail to the Chief

Commander in chief• The President as the commander of the

nation’s armed forces.• Is the top commander of all U.S. military

forces (Congress had the power to declare war – President may ask Congress for a declaration of war)

• Is a CIVILIAN• Power to control all state militias

Chief legislator• The President as the main author of public

policy. The President may suggest, request, and insist that Congress enact laws he believes are needed.

• Signing or vetoing a bill passed by Congress• Working to get enough House or Senate votes

for a bill to be passed through each respective house.

• Making a speech in Congress.

The President and the Media

Does the media impact politics?

Does politics affect the media?

Copyright © Houghton Mifflin Company. All rights reserved. 12 | 38

Who are the mass media?

1. Traditional media a. Newspapers

b. Television

c. Magazines

d. Radio

2. The “new media” a. Examples – INTERNET & CELL/SMART PHONE

b. Characteristics- Mobile, includes traditional, searching, update immediately, national/inter

Copyright © Houghton Mifflin Company. All rights reserved. 12 | 39

The media and public opinion

1. Do the media influence public opinion? a. Yes b. No

2. Impact of newspapers a. Journalists may be liberal, but publishers are conservative b. Lack of competition c. Type of coverage

3. Impact of television a. Decline of substantive coverage, rise of images and slogans

– SOUNDBITES

b. Impact of “adversarial journalism” -What is adversarial journalism?

4. Impact of the internet a. Traditional sites vs. “Drudge” and blogs?

Copyright © Houghton Mifflin Company. All rights reserved. 12 | 40

Effects of the media on politics

1. Roles of the media a. NEWS PROVIDER- Is the media objective or biased? What should it be? b. WATCHDOG- Does the media focus too much on political scandal?c. GATEKEEPER- What does the media cover/not cover?

2. The nature of media influences a. Profit b. Agenda-setting c. Cost d. Candidate-centered campaigns e. WH manipulation of the media f. Far less coverage of Supreme Court than other branches

Copyright © Houghton Mifflin Company. All rights reserved. 12 | 41

The Executive BranchThe Modern President

• The President & The Media• Famous Elections with Media Impact

-The 1948 Election- Truman’s Defeat/Victory-The 1960 Election-Television’s 1st Debate-The 1992 Election- The Perot Factor-The 2000 Election-Florida Confusionhttp://video.google.com/videosearch?q=2000%20election&ie=UTF-8&oe=utf-8&rls=org.mozilla:en-US:official&client=firefox-a&um=1&sa=N&tab=wv#

-The 2004 Democratic Primaries-The Dean Screamhttp://video.google.com/videoplay?docid=2047122840615026447&q=dean+scream&total=179&start=0&num=10&so=0&type=search&plindex=8

The Executive BranchThe President & FundraisingGeneral Fundraising Rules

1. FECA-Federal Election Campaign ActA. FECB. Donation LimitsC. Disclosure RulesD. Req. for Matching Funds

2. McCain-Feingold (Bipartisan Campaign Reform Act)A. Raised LimitsB. Soft Money BanC. Issue Ad limitations

3. Buckley v Valeo; McConnell v FEC; Citzens United v FEC

The Federal Bureaucracy

Is the Government of

The United States

TOO BIG???

The Federal Bureaucracy• Major purpose:

– to administer and implement programs and services,– regulate society

• Agencies come up with policy ideas, deliver services• The U.S. bureaucracy - 2.5 million employees• Jobs originally given for patronage,

– Pendleton Act: changes manner of giving jobs- from patronage to merit/civil service system

• Broken into 5 major parts1. Cabinet Departments2. Independent Executive Agencies3. Regulatory Agencies4. Government Corporations5. EOP (Executive Office of the Pres.)

Executive Office of the PresidentTHE WEST WING

• The Executive Office of the President is made up of White House offices and agencies. These offices help develop and implement the policy and programs of the president.

• National Security Council (NSC), Office of Management and Budget (OMB)

• Closet advisors to the President

Cabinet Departments• 15 total department of various size, status,

visibility, and function• ROLE: carries out broad tasks, provides

necessary services, acts as experts in policy areas• State- Most prestigious, only 25,000 employees• Defense- Largest department; 750,000 civilians,

1.5 million military personnel, The Pentagon• HHS- largest budget• Clientele Agencies- Depts that represent certain

groups of people (power of interest groups)_• Farmers- created Dept of Agriculture in 1889• Business & Labor- created Commerce and Labor Depts. in 1903• Veterans- Veterans’ Affairs

Depts and their Famous parts• Each department has smaller, well known

units– Home. Sec- INS, Secret Serv., Coast Guard, – Justice- FBI, Bureau of Prisons, Marshalls, ATF, DEA– HHS-NIH, CDC, FDA, Medicare, Medicaid– Agriculture- Forest Service– Commerce- NOAA, Census, Patents– Transportation- FAA (Federal Aviation

Administration, FHWA, NTSB (National Traffic Safety Board)

Independent Executive Agencies

• Narrower areas of responsibility• Examples- NASA, CIA, Peace Corp, Civil

Rights Commission• Agency heads are appointed by President;

not in cabinet

Regulatory Agencies• Have legislative, executive, and judicial

functions (are exceptions to the ideal of sep. of power);

• ROLE: created to regulate important aspects of our economy/society

• Commissioners serve a fixed, long and staggered term; appointed by President and approved by Senate (Cannot be removed at will by President)

Regulatory Agencies• Examples:• EPA: regulates our environment for clean

water, air, noise, waste, and other emissions• SEC: regulates the buying /selling of all

stocks, bonds and other securities• FCC: Federal Communications Commission

-regulates all forms of communications from TV, radio, telegraph, internet

Government Corporations

• Businesses run by the goverment to:1. Provide a service for cheaper rates2. Provide a service that is essential

• The Post Office- 800,000 employees; receives some funding from government

• FDIC- Federal Deposit Insurance Company

• AMTRAK

The Growing Bureaucracy• 1800- only 3,000 employees• By 1930- 600,000 federal employees• Under FDR- 1.2 million employees

Era of Smaller Government• Reagan toys with idea of eliminating Energy,

Transportation, and Education Depts.• Clinton shrinks federal government by 100,000

Figure 15.5

Understanding Bureaucracies