Executive Branch (Presidency)
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Transcript of Executive Branch (Presidency)
Executive Branch(Presidency)
Article II
Section 1, Clause 1: “The executive power shall be vested in a
President of the United States of America”
Executive branch one of the MOST discussed topics at the Con. Convention Too much power vs. “congressional puppet”
Article II
Selecting the president also an issue Popular vote?
Concern with large states wielding too much power Selected from Senate?
Elitist, limited candidates, nominations?
Section 1, Clauses 2 - 4: Electoral College
Electoral College
How it works: http://www.youtube.com/watch?v
=ok_VQ8I7g6I
Electoral College – WTF?
Framers thought that with each state voting separately, they would elect a “favorite son” This would mean no clear majority Then the House decides the election (II,1,3)
Why didn’t this work? National parties took hold
Article II Section 1, Clause 5:
Requirements to be president Natural born citizen
Jus soli – by soil Jus sanguinis – by blood
35 Years old
14 years of residency
Article II
Section 1, Clause 6 Presidential succession
Section 1, Clause 7 President may get paid
Can’t be increased during term of office
Section 1, Clause 8 Presidential Oath of office
Article II
Section 2, Clause 1 “The President shall be Commander in Chief of the
Army and Navy of the United States”
Also gives the president ability to have a cabinet
Provides the ability to make pardons and reprieves
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Section 2, Clauses 2 and 3 Gives president power to make treaties (w/ 2/3
senate approval)
Power to appoint officials (judges and other officers)
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Section 3 Give congress the “State of the Union”
Can call Congress to session
Receives ambassadors
“shall take Care that the Laws be faithfully executed”
Article II
Section 4 “The President, Vice President and all civil
Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors”
Roles and Powers of the President
Presidents vs. Prime Ministers elected by people usually political
outsiders
cabinet members are outsiders
work with divided governments
elected by parliament always insiders cabinet members are
insiders get most legislation
passed
Chief Citizen
Chief ofParty
ChiefLegislator
CommanderIn Chief
ChiefDiplomat
ChiefAdministrator
ChiefExecutive
Chief ofState
Roles/Powers of the President Chief Executive
approve laws, appoint officials, preside over bureaucracy
Commander In Chief final military decisions,
commission officers, military strategy
Domestic Policy Leader done via “State of the Union”,
what’s important
Roles/Powers of the President
Foreign Policy Leader relations with other countries,
sign treaties/agreements, much power in this area
Representative of the Nation top diplomat, head of state
Party Leader His decisions become “party
decisions”
Evolution of Power
Presidential Power Exists in 3 “eras” 1st Era – Early Presidents
Washington – Jackson 2nd Era – Congressional Dominance
Van Buren – Hoover (excluding Lincoln and T.Roosevelt) 3rd Era – The Modern Presidents
FDR – Obama
Early Presidents(Washington – Jackson) Stuck closely to formal powers (in Con.) Worked closely with Congress Elitist (until Jackson) Forced to take risks (no precedents) Bottom line:
Power expanded, but stayed mostly within bounds of Constitution
Congressional Power (Van-Buren – Hoover) Congress begins to reassert power Unified Congress acts quickly on matters
Reduces importance of “Chief Legislator” Most 1800’s congresses were “veto-proof”
Speaker of House more powerful Bottom line:
With a few exceptions, Congress dominated the government
Modern Presidents(FDR – Obama) Massive expanse of power (formal and
informal) People associate events with President more
now 11 of the 13 presidents have made a
“significant” change to the office or country Carter/Ford exceptions, viewed as weaker
Bottom line: Modern presidents lead, congress follows
Modern President order:
Roosevelt: 1933-1945 Truman: 1945 – 1953 Eisenhower: 1953-1961 Kennedy: 1961-1963 Johnson: 1963 – 1969 Nixon: 1969-1974 Ford: 1974 – 1977
Carter: 1977 – 1981 Reagan: 1981 – 1989 Bush: 1989 – 1993 Clinton: 1993 – 2001 W. Bush: 2001 – 2009 Obama: 2009 - ?
What did they do? FDR: new deal, strong personality, fireside chats, wartime president, tried to
change SC Truman: wartime, desegregated military, atomic bomb; Eisenhower: activated military in peacetime, strong media personality, LONG
lasting SC appointments, TVs in white house Kennedy: strong personality, motivated country Johnson: “Great society”, civil rights movement assassinations of
Kennedy/MLK Nixon: strong personality, excessive use of executive privilege, opening of
China, troops home from vietnam Ford/Carter-Weaker Reagan: Economy upswing, strong personality, major use of media, massive
use of executive orders Bush: Wartime Clinton: Economy upswing, sued as president, W. Bush: National Tragedy, War, created new cabinet department Obama: Social networking, motivation of younger voters, massive gov’t
spending
What’s different w/ modern presidents? Increased use of media requires stronger
personalities for President
Increased communication with people gives impression president is “speaking” on their behalf
Ticket-Splitting = more divided government
Informal Powers
Powers not specifically granted by the Con. Use of media Executive Orders Executive Agreements
Executive Order
Legally binding directive by the president (acting as chief executive) on an executive agency
TYPICALLY to get the agency to enforce a law a particular way or at a particular speed Truman – Desegregation of Military Eisenhower – desegregation of schools Clinton – granted use of lands for parks/monuments Reagan – banned use of federal money for abortions
Congress can override an EO by making law more specific
Executive Agreement
A foreign policy similar to a treaty made by president with foreign governments
Not binding on future presidents Does NOT require Senate Approval
Roosevelt – Lend Lease program Carter – Release of Iranian Hostages
Supreme Court generally supports From 1939 – 1999 94% of international law
done through executive agreement
The Power To Say “NO” (Veto) Veto: refusal to sign a bill passed by both houses of
Congress often accompanied by a veto message that explains the vet
Pocket veto: Congress adjourns in 10 days after passing a bill
Line item veto: would give the President the power to select parts of legislation to pass. Clinton was given line item veto, but it was taken away in
Clinton v. NY Proponents argue it would prevent riders and Christmas tree
bills Opponents argue it gives the President ability to “re-write”
laws.
The Power To Say “NO” (Veto) Executive Privilege: informal power claimed by
some Presidents to keep info. Confidential Kennedy sought to protect his defense department
officials Nixon did not want to hand over Watergate Tapes Clinton claimed he could not be sued in office
Impoundment of Funds: President refuses to spend money authorized by Congress Budget Reform Act of 1974 forces President to either
spend money or send a message to Congress explaining why money is not spent
Vice President
Powerful?
"the most insignificant office
that ever the invention of man contrived or his
imagination conceived.“
“One word sums up the responsibility of any vice-president, and that one word is "to be prepared”
"Once there were two brothers. One went away to sea; the other was elected vice president. And nothing was heard of either of them
again."
Formal Powers of VP
Succeed the president Help in decisions of capability to serve Preside over the Senate
Only votes in case of a tie Actually counts electoral votes
Whoa! That’s it? That’s all I get to do?
Informal Powers
None really Some VPs have taken up their own causes
Gore – Environment Bush – Deregulation, Drug Smuggling
Recent VPs have been asked for more input and given power by the President in For. Policy Bush, Cheney, Biden (Gore an exception)
Organization of Executive Office and White House Office
What is the Executive Office?• Set of groups with the specific task of advising the president on specific topics when requested
What is the White House Office More “administrative” and less “policy-
oriented” than the executive office Handle day to day Presidential activities
Press briefings, stagings, responding to mail, coordinating photo-ops, research, speech-writing, etc
Organizational methods - Circular
Vice President
Selected Advisors
Special Assistants
Chief of Staff
Executive Office
Cabinet Secretaries
PRESIDENT
White House Office
Task Forces
Organizational methods – Ad Hoc
Vice President
Selected Advisors
Special Assistants
Chief of Staff
Executive Office
Cabinet Secretaries
PRESIDENT
White House OfficeTask
Forces
Committee
Leaders
Organizational methods - Pyramid
President
Chief of Staff
White House Office Executive Office Task Forces Selected Advisors
Vice President
Organizational methods – Pros/Cons Pyramid Structure: hierarchy of authority
PRO – orderly flow of info CON – may isolate the president
Circular Structure: roundtable discussion PRO – much information from direct sources CON – arguing amongst cabinet members
Ad hoc structure: informal groups of friends and advisers PRO – flexible and allows outside POVs CON – may cut off President from people who make
implement policy