The Executive Branch/Bureaucracy

The President’s Job Description

Chief of State- ceremonial head of stateChief executive- power in domestic and foreign

policyChief administrator- director of executive

branchChief diplomat- makes foreign policyCommander in Chief-controls the nations

militaryChief legislator- author of public policiesChief of party-leader of the political partyChief Citizen- “representative of the people”

Formal QualificationsBe a “natural born citizen”35 years old14 years residency in the U.S.

The Presidential TermFour years- “no third term” tradition, 22nd

Amendment- “arbitrary right”10 years$450,000 a yearCan not work another job

Presidential SuccessionPresidential vacancy is filled. If a president

dies, resigns or is removed from office by impeachment the Vice President succeeds to the office.

25th Amendment- 1967- disability provisionsEisenhower, Garfield, Reagan, WilsonWriting by President or Vice President and

CongressPresidential Succession Act of 1947Vice Presidency

Preside over Senate and help decide the question of Presidential disability

Presidential DisabilityNeither Constitution or Congress had come

up with provisions for deciding when a President was too disabled to perform duties

Gap filled by Sections 3 and 4 of the 25th AmendmentVP becomes acting President if the President

informs Congress, in writing, that he is unable to perform duties

VP and majority of Cabinet members inform Congress that the President is incapacitated

President can resume office by written declaration

The Framer’s PlanEarly on—most delegates favored selection by Congress

Only a few of the Framers favored popular vote

Had to come up with a plan that the Framers would agree on…

Election of the PresidentPresidential electors- chosen in each state in

a manner the state legislature directed, and each State would have as many electors as it has senators and representatives in Congress.- Electoral votes

Known as the Electoral CollegeElection of 1800- Thomas Jefferson and Aaron

Burr12th Amendment

Presidential NominationsNational Convention 1832- built over the

years by the two major parties. Delegates- complicated formula

Each state is responsible for picking their delegates Presidential Primaries- Frontloading Winner-take-all vs. proportional representation- 15%

Proportional representation- led Oregon and Wisconsin to give up the popular selection of delegates. Preference and then pick delegates later.

Reforms: single, nationwide primary, do away with national conventions

Flaws in the Electoral College1) winner of the popular vote is not guaranteed the

presidency“Winner takes all”- example: Wyoming and CaliforniaNebraska in 2008

2)Electors are not required to vote in accord with the popular voteNever has upset an election

3) Election might have to be decided in House of RepresentativesMust win a majority of the electoral votes or the

election will be given to the House

ReformsDistrict Plan- each state would choose its electors

much as it chooses its members of Congress- Nebraska and Maine

Proportional Plan- each candidate would receive a share of the electoral vote in accordance to to that State’s popular vote

Direct Plan- abolish the electoral college. All votes would count equally Constitutional Amendment- smaller states would opposeToo much campaigningVoter fraud

National Popular Vote Plan

Powers of the PresidentExecuting the law: enforces, administers,

carries out the provisions of the federal law- Oath

“I do solemnly swear (of affirm) that I will faithfully execute the Office of the President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States”

Ordinance Power- applying most law comes from the day-to-day work of all of the many departments, commissions, and other agencies of the Federal Government- 2.7 millionExecutive orders- directives, rules, or regulations

that have the effect of law

Powers continuedAppointment Power: Loyal subordinates are

given jobs when a president is electedAppointees- most important officers;

ambassadors, cabinet members and their top aides, the heads of independent agencies, all federal judges, U.S. marshals, and attorneys, all officers in the armed forces

Senate and Senatorial CourtesyRecess Appointments- allow to appoint an

officer when the Senate is not in session

Powers continuedThe Removal Power:

Historical debate: 1867- Andrew Johnson- Tenure of Office Act

Removal of the Court- Myers v. United States, 1926

Executive Privilege- President is given the inherent power to refuse to disclose certain information to Congress or to the federal courts.Congress has never officially recognizedUnited States v. Nixon

Diplomatic powersTreaty: formal agreement between two or more

sovereign states. Usually acting through the secretary of state, negotiates these international agreements. Senate must give its approval with 2/3rd’s vote before treaty can be made effective. Senate does NOT ratify, President does!

Same legal standing as acts of Congress. Congress can repeal a treaty by passing a law contrary to its provisions, and an existing law may be repealed by the terms of a treaty. – Treaty of Versailles- 1920 (peace agreement to end WWI, didn’t have 2/3 approval, change parts to get approval)

Executive Agreements: a pact between the President and the head of a foreign state, or their subordinates. These do NOT have to be approved by the Senate. These do not supersede federal law/State- destroyers-for-bases deal of 1940

Power of Recognition- when receives the diplomatic representatives of another sovereign states

Commander in ChiefMaking undeclared warCongressional ResolutionsWar Powers Resolution