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STRUCTURE AND FUNCTION OF UNITED STATES GOVERNMENT: The Executive Branch

Formal Powers: Executive, Legislative, and Judicial

Executive PowersThe president must assure that lawsare faithfully executed.

Article I, Section 1, Clause 1: Enforcement of the country’s civilrights laws has often been the subjectof the president’s executive powers. In 1948, for instance, President HarryTruman issued an executive order todesegregate the armed forces.

POWERS CONSTITUTIONAL FOUNDATION EXAMPLES

Judicial PowersThe president nominates judges andgrants pardons.

Article II, Section 2, Clause 2:


Historic presidential appointments:

In 1981, President Ronald Reaganappointed the first woman SupremeCourt justice, Sandra Day O’Connor.

In 1967, President Lyndon Johnsonappointed the first African-American

Supreme Court justice, ThurgoodMarshall.

The executive power shall bevested in a President of theUnited States of America

. . . he shall nominate, and,by and with the advice andconsent of the Senate, shallappoint . . . judges of the

Supreme Court.”

Legislative PowersThe president advises Congressabout important issues in the countryand recommends legislation toaddress these issues.

Article II, Section 3: Annually, the president gives State of the Union address to Congress. In this address and in other speechesand communications, the presidentrecommends legislative action.

He shall, from time totime, give to the

Congress information ofthe State of the Union,and recommend to their

consideration suchmeasures as he shalljudge necessary and

expedient; he may, onextraordinary occasions,convene both Houses, or

either of them.

Number of Social Welfare and Civil Rights Executive Orders by PresidentNumber of

President Years Served Number of Requests

Kennedy 3 years 26Johnson 5 years 40Nixon 6 years 35Ford 3 years 11Carter 4 years 50Reagan 8 years 36Bush 4 years 26Clinton 2 years 17

*More recent statistics not available.

Requests for Legislative ActionDuring First Year of Term

Number of President Year Requests

Kennedy 1961 25Johnson 1965 34Nixon 1st term, 1969 17Nixon 2nd term, 1973 20Ford 1974 18Carter 1977 21Reagan 1st term, 1981 8Reagan 2nd term,1985 7Bush 1989 24Clinton 1993 30

0 10 20 30 40 50

Washington ChronicleMarshall First Black Supreme Court Justice

A u g u s t 3 0 , 1 9 6 7he shall have the powerto grant reprieves and

pardons for offences againstthe United States . . .




Formal Powers of the Executive Branch: Diplomatic and Military

Diplomatic PowersThe president makes agreementswith foreign countries, appointsambassadors and other diplomaticpersonnel, and receives officials from other countries. In doing so, hedirects the country’s foreign policy.


Article II, Section 3:

In 1918, President Woodrow Wilsonproposed his Fourteen Point Plan tohelp end World War I. It became thebasis for treaty negotiations to endthe war.

Military PowersThe president commands the militaryand appoints military officers. Use ofmilitary power is one way in which thepresident implements foreign policyand maintains national security.


Article II, Section 3:

The National Security Act of 1947 spelled out the president’sresponsibility to coordinate foreignpolicy and maintain national security.It also created the National SecurityCouncil (NSC), a committee to assistthe president in overseeinginternational security concerns.

POWERS CONSTITUTIONAL FOUNDATION EXAMPLES

Washington ChronicleWilson Outlines 14-Point Peace Plan

J a n u a r y 9 , 1 9 1 8

He shall have power, byand with the advice andconsent of the Senate, to

make treaties . . .[and] shallappoint ambassadors . . .

. . . he shall receiveambassadors and other

public ministers

The President shall beCommander in Chief ofthe army and navy ofthe United States, and

of the militia of theseveral states . . .

. . . and he shallcommission all the officers

of the United States

0 20 40 60 80 100

Size of President’s NationalSecurity Council(at end of each president’s last term)

President Year Council Members

Kennedy 1963 46

Johnson 1968 38

Nixon 1974 42

Ford 1976 92

Carter 1982 82

Reagan 1988 64

Bush 1992 63

Clinton 1995* 57

*More recent statistics not available.




Limitations on Powers

Public OpinionPublic opinion can have a

direct effect on a president’sability to carry out policies.

Example Public concern over the VietnamWar affected presidential policyregarding that war.

BureaucracyBureaucrats whohave power andconnections inCongress, especiallywith committeechairpersons, can helpdelay action on apresident’s programs.

Bureaucrats may also limit thepresident unintentionally by:

failing to provide important information

misinterpreting instructions

failing to complete assigned tasks in timely fashion

ExampleIn the fall of 1978, Jimmy Carter faced many serious problems simultaneouslyincluding the U.S. hostages in Iran, civilconflict in Nicaragua, and negotiations withthe U.S.S.R. over the SALT II Agreement. The bureaucracy and White House staff were overloaded and failed to resolve allthese problems.

CongressCongress has the power to override the president’sveto of a bill. A two-thirdsmajority of both houses isneeded for an override.

Congress also has thepower to impeach a

president for very serious crimes.

Examples During President Franklin D. Roosevelt’s 12-yearpresidency, congressional vetoes totaled 635—more than under any other president.

President Andrew Johnson was theonly president to be impeached;however, he was not removedfrom office.

CourtsThe Constitution gives thefederal courts the power tocheck the actions of thepresident. The courts canrule against theconstitutionality oflegislation that thepresident has promoted.

The courts can also rule directly against a president.

Example The Supreme Court ordered President Richard

M. Nixon to stop withholding his “secret”tapes from the special prosecutor’s

investigation of the Watergatebreak-in and cover-up.




Presidential Roles

Chief AdministratorThe president oversees the executive branch, whichcomprises more than three million people whoadminister and apply federal laws.

Chief LegislatorAt the beginning of each Congress, the presidentrecommends legislation that he believes is necessaryin the State of the Union Address.

The president also has the power to check Congresswith a veto. A line-item veto was passed in the 104thCongress, allowing the president to veto parts of bills.

Chief of StateIn this ceremonial role, the president is the symbolof the United States and its people. He representsour nation at home and abroad.

Chief ExecutiveThe president is responsible for executing thenation’s federal laws. Interpretation of the laws isinevitable in this task.

Law# 1.23




Presidential Roles

Chief DiplomatIn his role as chief diplomat, the president directsthe foreign policy of the nation by making decisionsregarding U.S. relations with foreign nations.

Commander-in-ChiefAs head of the U.S. armed forces, the president hassignificant powers.

All military officers, during war or peace, take theirorders from the president. The president does notlead troops into battle, but is in constant contact withmilitary leaders.

He can commit troops to battle for 60 days, but hecannot declare war; only Congress has that power.

Chief Economic PlannerAlthough not outlined in the Constitution, this rolehas grown since the passage of the Employment Actof 1946, which required presidents to submit anannual economic report to Congress.

The president must also submit an annual proposedfederal budget to Congress.

Chief of PartyPolitical parties expect the president to be faithful tohis party. Thus, the president may:

Campaign on behalf of party members

Attend fundraisers

Appoint members of his party to federal jobs

The president also selects his party’s nationalchairperson.




The Job of the President

Washington ChronicleH E L P W A N T E D

U N I T E D S T A T E S O F A M E R I C A S E E K S

PresidentA S T H E L E A D E R

O F T H E W O R L D ’ S O N L Y S U P E R P O W E R , Y O U W I L L :

Duties

✰ Represent the nation at home andabroad, serving as a figurehead for the U.S.

✰ Execute all of the nation’s laws

✰ Oversee the executive branch—morethan three million staff members invarious departments, agencies, andoffices

✰ Recommend and push for legislationannually in a State of the UnionAddress

✰ Direct U.S. policy with foreign nations

✰ Serve as commander-in-chief of theU.S. armed forces, working with topmilitary officials

✰ Submit an economic report andproposed federal budget to Congressannually

✰ Lead your party by attendingfundraisers and campaigning on behalfof party members; select party’snational chairperson

Qualifications

✰ Must be a natural-born citizen

✰ Must be at least 35 years old

✰ Must have lived in the U.S. for at least14 years

Salary and Benefits

✰ $400,000/year non-negotiable. Fixedby Congress, cannot be decreased orincreased during your service

✰ $50,000/year for expenses related toofficial duties

✰ $119,000/year for travel andentertainment expenses

✰ Pension for you and spouse variesaccording to cost of living

✰ Free office space and mailing services;budget of $96,000 for office help

✰ Use of Air Force One, helicopters,limousines

✰ Residence in 132-room White House,which includes swimming pool, tenniscourts, movie theater, bowling alley,and 80-person household staff

✰ Free medical and dental care

Duration of Position

✰ Position lasts four years, after whichyou may reapply

✰ Maximum of two full terms

✰ In the event of your death orresignation, the vice presidentsucceeding you may serve the rest ofyour term and an additional two terms,for a total of no more than ten years.




Presidential Election and Succession

The rules regarding presidential succession have been refined in the 200 years since theConstitution, which instituted somewhat vague rules, was ratified.

1787 U.S. Constitution’s rules regarding succession

Art. II, Sec. 1, Cl. 6 sets forth the rules:

1. Vice president assumes the presidency if the president becomes incapacitated.

2. The second part of Clause 6 is unclear. It states that Congress may appoint asuccessor if both president and vice president become incapacitated. But it doesn’tspecify how Congress should do this:

. . . the Congress may by law provide for the case of removal, death,resignation, or inability, both of the President and Vice-President, declaringwhat officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.

This part of the clause was modified by the 25th Amendment in 1967.

1947 Presidential Succession Act

If both positions, the president and vice president, are vacated, the speaker of theHouse becomes president.

The president pro tempore of the Senate would take over if the speaker wasunable. The list of succession would continue with the Cabinet members startingwith the secretary of state.

1967 The 25th Amendment

Clarification of the Constitution on Succession:

Section 1: In case of the removal of the President from office or his deathor resignation the Vice President shall become President.

Section 2: Whenever there is a vacancy in the office of the Vice President,the President shall nominate a Vice President who shall take office uponconfirmation by a majority vote of both Houses of Congress.

In Case of the President’s Disability

Amendment 25, Sections 3 and 4:

The vice president becomes acting president if:

The president informs Congress of an inability to fulfill the obligations of the office.

OR

The vice president and a majority of the Cabinet or another body authorized by lawinform Congress that the president is disabled.

Two rules governing the president returning to work

1. The president can at any time inform Congress that he/she is no longer disabled andresume his/her duties.

2. The vice president and Cabinet or other authorized body can declare that thepresident is not capable of resuming his/her duties. In this case, the vice presidentwould remain acting president.




Presidential Removal and Resignation

The House of Representatives has the power of impeachment, that is, bringing chargesagainst officials, and the Senate has the power to try and convict following Houseimpeachment charges.

Impeachment ProcedureA president may face impeachment if he is charged with “treason, bribery, or other high crimes and misdemeanors.”

House

YES

Introduce Impeachment ArticlesAny member of the House may introduce an article or articles of impeachment.

House Judiciary Committee ActionImpeachment charges are referred to the House Judiciary Committee, which then makes a recommendation to the full House as to whether impeachment is called for.

House Votes YesORThe House votes for impeachment.

A simple majority vote is required.

NOHouse Votes NoImpeachment charges are dismissed.

Senate

Senate Impeachment TrialThe president faces a Senate impeachment trial with the chief justice of the Supreme Court presiding.

Removal from OfficeIf found guilty, the president can be removed from office and/or prevented from serving in other public offices.

He may then face charges in the public court system.




President Andrew Johnson’s Impeachment Trial

Background

Impeachment charges against President Johnson were based on the questionable Tenureof Office Act of 1867. This Act denied the president the right to remove civil officials whowere approved by Congress, including members of his own Cabinet, without the Senate’sconsent.

1868 – February 21 Johnson believes the Tenured Office Act to be unconstitutional.

He orders the resignation of his Secretaryof War, Edwin M. Stanton, who supportsRadical Republican plans forReconstruction program—plans thatJohnson disagrees with.

He appoints Lorenzo Thomas asStanton’s successor. Stanton refuses toleave and barricades himself in his office.

1868 – February 28 The House votes to impeach Johnsonfor “high crimes and misdemeanors”based upon the Tenure of Office Actand Stanton’s removal.

1868 – March-May The Senate conducts Johnson’simpeachment trial. He is narrowlyacquitted—by one vote.

1869 Johnson’s term as president ends. The Tenure of Office Act is amended.

1875 Johnson successfully runs for a U.S.Senate seat from Tennessee.

1887 The Tenure of Office Act is repealed.

1926 The Act is finally declared unconstitutional.

Three Facts about Johnson’s Impeachment:

1. The legal counsel of the president had onlyten days to prepare its defense.

2. One presiding senator and the SupremeCourt chief justice coveted the job of thepresident.

3. Each day 1,000 tickets for the audience inthe impeachment trial were issued.

?! Did You Know

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President Richard Nixon’s Resignation

1972 June A break-in takes place at the Democratic National Committee headquartersat the Watergate office building.

September The Watergate burglars and accomplices are convicted. Judge John J. Siricasentences them lightly in exchange for further information on the Watergateaffair.

November President Nixon wins an overwhelming victory in his re-election race againstGeorge McGovern (D).

1973 February The Senate sets up a special committee to investigate the Watergate affair.By now, a connection between the break-in and the Committee to Reelectthe President (CRP) is evident.

May Archibald Cox is appointed special prosecutor for the Watergate affair.

June Former White House counsel John Dean informs the Senate committee thatNixon knew about the cover-up of the Watergate break-in.

July Former White House staff member reveals that Nixon secretly tape recordedmeetings with close advisors. The special prosecutor and Senate committeedemand the tapes as evidence.

October Nixon orders Cox fired. The attorney general and his deputy refuse to fireCox. Next in line, Solicitor General Robert Bork fires him. This is known asthe “Saturday Night Massacre.”

November New Special Prosecutor Leon Jaworski continues to demand the tapes.

1974 March The Supreme Court indicts several close advisors to the president oncharges of obstruction of justice.

July 24 In Nixon v. United States, theSupreme Court orders Nixon toturn over the tapes to SpecialProsecutor Jaworski.

July 30 The House of RepresentativesJudiciary Committee votes torecommend to the full Housethree articles of impeachmentagainst Nixon.

August Before a full House votecan be taken, Nixonresigns. He is succeededby Vice President GeraldFord.

September Ford pardons Nixon forany crimes he mighthave committed aspresident.

Washington ChronicleNixon Is First President to Resign in Nation’s History

A u g u s t 9 , 1 9 7 4


President Bill Clinton’s Impeachment Trial

1995 July Monica Lewinsky joins White House staff as an unpaid intern.

November Lewinsky and President Clinton begin an intimate relationship.

1997 May Paula Jones files a civilcase against PresidentClinton for sexualharassment.

September Linda Tripp begins tapingphone conversationsbetween herself andMonica Lewinsky, whoreveals informationregarding her relationshipwith the president.

December Monica Lewinsky issubpoenaed by PaulaJones’ lawyers as awitness.

1998 January Attorney General JanetReno approvesindependent counselKenneth Starr’s request topursue an investigationinto the Clinton-Lewinskyaffair; Clinton denies everhaving had an adulterousrelationship with her.

April A judge dismisses Paula Jones’ sexual harassment case before it goes to trial.

September President Clinton testifies before a grand jury that he did indeed have“inappropriate intimate contact” with Lewinsky, but he continues to denysexually harrassing Paula Jones.

October The House Judiciary Committee begins a congressional impeachment inquiryinto President Clinton’s actions, focusing on two separate articles–lyingunder oath and obstructing justice.

December The House of Representatives broadens the impeachment inquiry to includean investigation into Clinton’s campaign fund-raising. This last investigation islater dropped.

On December 19, President Clinton is impeached, yet vows he will not resignfrom office. Polls show that 68 percent of American voters believe the Senateshould not convict Clinton.

1999 January The impeachment trial formally begins.

February The Senate decides that Monica Lewinsky should not be called to testify atthe trial. A videotape of her deposition is played instead.

President Clinton is acquitted of the two impeachment charges, the secondof which, obstruction of justice, receives a 50–50 split vote from the Senate.






Electoral College: Overview

The U.S. Constitution on the Electoral College

How Electors Are ChosenAccording to the Constitution, electors are to be chosen in each state “in such manner as the legislaturethereof may direct.”

Most states provide for the popular election of electors. Some variations do exist. For instance:

In Florida and Colorado, the state legislatures choose electors.

In Maine and Nebraska, the “district plan” is used. Two electors are chosen from the state at large and oneis chosen from each Congressional district.

A Calendar of the Electoral College Process

Tuesday after the First Monday of November

Voters cast ballots for all electors representing a particular party in each state.

Monday after the Second Wednesday in December

Electors of party winning the popular vote in each state cast ballots for the president and vice president.

January 6th

Ballots cast by the electors are counted by Congress.

January 20th

Candidate receiving majority of electoral votes becomes president.

NovemberSun Mon Tues Wed Thu Fri Sat

1 2 3 4 5 6

7 8 9 10 11 12 13

14 15 16 17 18 19 20

21 22 23 24 25 26 27

28 29 30

DecemberSun Mon Tues Wed Thu Fri Sat

1 2 3 4

5 6 7 8 9 10 11

12 14 15 16 17 18

19 21 22 23 24 25

26 27 28 29 30 31

JanuarySun Mon Tues Wed Thu Fri Sat

1

2 3 4 5 7 8

9 10 11 12 13 14 15

16 17 18 19 21 22

23 24 25 26 27 28 2930 31

6

20

20

13

12th Amendment

The Electors shall meet in theirrespective States, and vote by ballot

for President and Vice President . . .the person having the greatestnumber of (electoral) votes forPresident, if such number be amajority of the whole number

of Electors appointed.

Art. II, Sec. 1, Cl. 2

Each State shall appoint, in suchmanner as the legislature thereofmay direct, a number of Electors,

equal to the whole number ofSenators and Representatives, towhich the state may be entitled in

Congress . . .




Problems with the Electoral College System

Problem 1 The winner of the popular vote maynot necessarily win the presidency. This may be aresult of:

The “winner take all” system, which gives the winner ofthe popular vote in each state all of that state’s electoralvotes, even if the victory was by a slim margin.

Each state is guaranteed two electors because it has twoSenate seats; however, this distribution of votes does notmatch the state’s population and voter distribution.

The law doesn’t require electors to vote for the candidatefavored by the popular vote; therefore, electors may votefor someone other than their party’s candidate.

Problem 2 It is possible that no one will receive the majority of electoral votes required to win theelection. In this case, the House of Representatives must choose the president. This could present seriousproblems because:

The voting is by states and not by representatives; that is, each state’s representatives must decide unanimously on acandidate.

A state could lose a vote if its representatives can not reach consensus.

A majority of states must decide an election. This could be impossible if a strong third-party candidate was involved.

Problem 3 The electoral college also forces presidential candidates to focus their campaigns on the“big ticket” states, that is, the most populous states with the most electoral votes. Look at the map and you’llunderstand why so much attention is paid to states like California and Texas.

Pennsylvania21

New Hampshire4

Vermont3

Maine4

Massachusetts12

Rhode Island4

Connecticut7

New Jersey15

Delaware3

Maryland10

Washington11

Oregon7

California55

Idaho4

Nevada5

Montana3

Wyoming3

Utah5 Colorado

9

Arizona10 New Mexico

5

North Dakota3

South Dakota3

Nebraska5

Kansas6

Minnesota10

Iowa7

Missouri11

Oklahoma7 Arkansas

6

Louisiana9

Texas34

WestVirginia

5 Virginia13

North Carolina15

SouthCarolina

8Georgia

15Alabama9

Tennessee11

Kentucky8

Ohio20Indiana

11

Michigan17

Illinois21

Mississippi6

Wisconsin10

Florida27

Washington, D. C.3

NewYork

31

Hawaii4

Alaska3

States and TheirElectoral Votes, Basedon the 2000 Census

Number ofElectoralVotes

1-9

10-19

20+

Variation between Popular and Electoral Votesthe two elections with the biggest difference between popular and electoral votes; only two major candidates shown

Wilson Taft1912

Roosevelt41.8%

Landon1936

PopularVote

ElectoralVote

BALLOT

BALLOT

BALLOT

BALLOT

BALLOT

BALLOT

BALLOT

BALLOT

BALLOT BALLOT

81.9% 23.2% 1.5% 60.8% 98.4% 36.5% 1.5%


Electoral College Case Study: 2000 Presidential Election

George W. Bush defeated Al Gore in the 2000 presidential race. Although Bush received50,456,169 popular votes, 539,947 fewer than his Democratic opponent, he won in theelectoral college (including Florida’s disputed electoral votes,) and thus won the election,illustrating how winning the popular vote does not guarantee an election.



0 600 1200 1800 2400 3000 3600 4200 48000 600 1200 1800 2400 4800 5400 6000

2000 Presidential Election Results, by State in thousands

Democratic Popular Vote

Democratic Electoral Vote

Republican Popular Vote

Republican Electoral Vote DR

270 Total266

NE 5433,862231,780

NV 4301,575279,978

NH 4273,559266,348

NJ 151,284,1731,788,850

NM 5286,417286,783

NY 332,403,3744,107,697

NC 131,631,1631,257,692

ND 3174,85295,284

OH 212,350,3632,183,628

OK 8744,337474,276

OR 7713,577720,342

PA 232,281,1272,485,967

RI 4130,555249,508

SC 8786,892566,037

SD 3190,700118,804

TN 111,061,949981,720

TX 323,799,6392,433,746

UT 5515,096203,053

VT 3119,775149,022

VA 131,437,4901,217,290

WA 111,108,8641,247,652

WV 5336,475295,4997

WI 111,237,2791,242,987

WY 3147,94760,481

DC 218,073171,923

MT 3137,126240,178

MO 111,111,1381,189,924

MS 7404,614

572,844

MN 101,168,2661,109,659

MI 182,170,418

1,953,139

MA 121,616,487

878,502

MD 101,144,008

813,827

ME 4319,951286,616

LA 9792,344

927,871

KY 8638,923

872,520

KS 6399,276

622,332

ID 4138,637

336,937

IA 7638,517634,373

IL 222,589,026

2,019,421

IN 12901,980

1,245,836

HI 4205,286137,845

GA 131,116,230

1,419,720

FL 252,912,2532,912,790

DE 3137,288180,068

CT 8561,094816,015

CO 8883,748738,227

CA 544,567,4295,861,203

AR 6472,940422,768

AZ 8781,652685,341

AK 3167,39879,004

AL 9941,173692,611

D R D R




The Job of the Vice President


U N I T E D S T A T E S O F A M E R I C A S E E K S

Vice PresidentA S T H E S E C O N D I N C O M M A N D , Y O U W I L L :

Duties

✰ Serve as acting president in the event of thepresident’s death, disability, or retirement

✰ Help determine if the president is unable toperform his duties because of illness

✰ Serve as president of the Senate and vote therein the event of a tie

✰ Serve as a diplomatic envoy and symbol forthe U.S.; represent the president at home andabroad

✰ Speak around the nation in support of thedecisions and policies of the president

✰ Serve as a policy advisor on the NationalSecurity Council and sit in on meetings withother advisory committees of the president

Qualifications

✰ Must be a natural-born citizen

✰ Must be at least 35 years old

✰ Must have lived in the U.S. for at least 14years

Salary and Benefits

✰ $192,600/year, non-negotiable

✰ $10,000/year for expenses relating to officialduties

✰ Pension for you and spouse varies according tocost of living

✰ Free office space and mailing services

✰ Use of Air Force Two, helicopters, limousines

✰ Residence on the grounds of the NavalAcademy

✰ Free medical and dental care

Duration of Position

✰ Position lasts four years, after which you mayreapply if president selects you

✰ Maximum of two full terms

✰ In the event of a president’s death orresignation, you will succeed the president andserve the rest of that term; you may run for anadditional two terms as president, for a total ofno more than ten years.

Year Assumed Vice President Who Succeeded Presidency

John Tyler William H. Harrison 1841Millard Fillmore Zachary Taylor 1850Andrew Johnson Abraham Lincoln 1865Chester A. Arthur James A. Garfield 1881Theodore Roosevelt William McKinley 1901Calvin Coolidge Warren G. Harding 1923Harry Truman Franklin D. Roosevelt 1945Lyndon B. Johnson John F. Kennedy 1963Gerald R. Ford Richard M. Nixon 1974

Vice Presidents Who Assumed the Presidency




Development of the Vice Presidency

1787 The Constitution stipulates that the vice presidency will be awarded to theindividual who receives the second-highest number of electoral votes for president.

1804 Amendment 12 to the Constitution stipulates that the members of the ElectoralCollege will vote for a vice president separately.

. . . they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President . . .

1800-1900 Attempts are made to abolish the office of vice president. A constitutionalamendment is needed to do this; it lacks support.

1904 Democrats select 81-year-old Henry Gassaway Davis as vice-presidentialnominee, an example of the marginal type candidate often selected for this officefor over a century.

1933 Franklin Delano Roosevelt (FDR) begins serving his first term in office; since thistime, all vice presidents have been invited to Cabinet meetings.

1942 FDR changes the way vice presidents arenominated by party conventions. He declareshis choice for vice president, Henry A. Wallace,and it is announced at the party convention.This becomes the new procedure.

1953 President Dwight D. Eisenhower asks VicePresident Richard M. Nixon to preside overCabinet meetings in his absence. He alsosends him on 54 diplomatic trips to foreigncountries.

1960 President John F. Kennedy is the first to give hisvice president (Lyndon B. Johnson) an office in the White House.

1977 President Jimmy Carter utilizes Vice President Walter Mondale more than anypresident before him. Mondale closely advises Carter and sits in on most meetingswith him. Carter requests his presence in key policy-making forums.

2001 Vice President Richard Cheney, with a long and distinguished career in governmentservice, becomes President George W. Bush’s right-hand adviser. Cheney placeshis closest allies in key administration posts and plays a large role in both domesticand foreign affairs.

Washington ChronicleFDR Names Wallace V.P. Changes Nominating Procedure

1 9 4 2

Office of theVice President

Office of thePresident




The Cabinet

The Constitution does not mention a Cabinet, nor did Congress create it. However, sincethe presidency is so broad in scope, the president needs advice and help performing hisduties. Having a Cabinet began with George Washington’s first presidency.

Responsibilities are split among separatedepartments (treasury, defense, etc.) andCabinet heads, called secretaries, areappointed to lead those departments. Theyadvise the president and help to direct federal government policy in their particulararea of concern.

President’s Relationship with the CabinetEach president has treated his Cabinet differently.

No president has eliminated the Cabinet, but some have selected their own group of informal advisors.

Andrew Jackson was famous for his “Kitchen Cabinet,” composed of a group of his close friends.

Two Presidents’ Views of the CabinetPresident George Washington

The impossibility that one man should . . . perform all the great business of state I take to have beenthe reason for instituting the great departments, and appointing officers therein to assist thesupreme magistrate in discharging the duties of his trust.

President William H. TaftThe Constitution . . .contains no suggestion of a meeting of all of the department heads inconsultation over general government matters. The Cabinet is a mere creation of the President’swill. It exists only by custom. If the President desired to dispense with it, he could do so.

When Cabinet Positions Were Created

1789 Washington’s first “Cabinet”

Secretary of State

Secretary of Treasury

Secretary of Defense (Originally “War,” became “Defense” in 1947)

Attorney General

1849 Secretary of the Interior

1889 Secretary of Agriculture

1903 Secretary of Commerce

1913 Secretary of Labor

1953 Secretary of Health and Human Services

1965 Secretary of Housing and Urban Development (HUD)

1967 Secretary of Transportation

1977 Secretary of Energy

1979 Secretary of Education

1989 Secretary of Veterans Affairs

2001 Secretary of Homeland Security

The term “cabinet” wascoined by newspaperreporters during thepresidency of GeorgeWashington.

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The Job of Cabinet Members


P R E S I D E N T O F T H E U N I T E D S T A T E S S E E K S

Cabinet MembersA S A M E M B E R O F T H E P R E S I D E N T ’ S I N N E R C I R C L E , Y O U W I L L :

Duties✰ Serve as administrative head of an executive department✰ Serve as one of the president’s important advisors

Qualifications✰ You must have administrative skills and experience in the department you will direct.✰ You must usually be of the same political party as the president.✰ You must be acceptable to interest groups that have a strong stake in your department.✰ You will be given preference if you played a major role in the president’s election campaign.✰ Your chances are improved if you come from a geographically important area.✰ Your race, sex, and ethnic background are important factors in today’s political climate.

The U.S. is an equal opportunity employer.

Salary and Benefits✰ $171,900/year, non-negotiable; generous benefits package

Nomination Process

Appointees must be confirmed by the Senate

President nominates a person to head each department

If Senate rejects appointee,president nominates another appointee

If Senate confirms appointee,nominee becomes a Cabinet member

Personal Background Check

Professional Experience Review

Party Loyalty Assessment

Senate Cabinet

Confirmation Hearings:




Limitations of the Cabinet

Limitations on Cabinet FunctionCabinet members enjoy unique access to the president, yet there are also factors that limit their abilities andinfluence.

Lack of TrustPresidents often don’t know their Cabinet appointeespersonally and therefore feel they can’t trust themwith sensitive matters requiring complete discretion.

Cabinet members may be reluctant to provide frankadvice or to openly disagree with the president forfear that such moves would be received badly. Thiscan make for an atmosphere of distrust.

Conflicting InterestsDepartment secretaries are under pressure from Congress members, special-interest groups, and careermembers of their own departments to pursue policies not necessarily consistent with the president’s agenda.

Disagreement among Cabinet members because of loyalties to their own departments creates rivalries andtension in Cabinet sessions.

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Those Cabinet members who deal with the president’s greatestinterests and concerns will also have greater influence and access to the

president. The secretaries of state, defense, and treasury tend to have themost frequent contact with the president.

However

Individuals whomthe president views

as loyal and able oftengain access to the

president’s inner circle.

However




White House Organization

The White House is organized in two levels: the White House Office, which contains the president’s personal staff, and the Executive Office of the President (EOP), whichcontains specialized offices that give advice and support.

White House OfficeThe White House staff is appointed solely by the president.

Appointees are not subject to Congressional confirmation.

White House staff members have no government status or tenure; they can be dismissed at any time.

The president may change the job description of any office at any time.

Location of a staff member’s office in relation to the president’s office is crucial to gaining presidential access.

White House Office

President

Executive Office of the President (EOP)

Vice President

National Security Council (NSC)

Office of Management and Budget (OMB)

Council of Economic Advisors (CEA)

National Economic Council (NEC)

Office of the U.S. Trade Representative

Domestic Policy Council

Office of Science and Technology Policy

Council on Environmental Quality

Office of National Drug Policy

President’s Foreign Intelligence Advisory Board

Office of Administration




Styles of White House Management

Different presidents have structured and run their White House Offices with very differentstyles. Some White Houses have been rigidly structured, others have been quiteunstructured, and some have fallen in between. Two major management styles arepresented below:

StructuredExamples: Dwight D. Eisenhower, Richard M. Nixon

Large staff (Nixon had 600 staffers).

President appoints chief of staff.

Chief of staff hands out assignments to staff.

Chief of staff, often called the “gatekeeper,”determines which staff members gain access topresident. Clear chain of command, with control atthe top.

Staff members tend to develop expertise in theirareas, especially at lower levels of the hierarchy.

Interaction between president and staff members islimited, sometimes leaving staff isolated.

Unstructured Examples: John F. Kennedy, Franklin D. Roosevelt

Small staff (Roosevelt had only 50).

President serves as chief of staff.

Staff members report directly to president.

All staff members have direct access to president.

Same assignments are often given to different staffmembers to avoid having one person with all theexpertise in a given area.

Several channels of information are open topresident on any given issue.

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Executive Office of the President: National Security Council

The National Security Council was created by Congress in 1947 to serve as an advisoryboard to the president on military and foreign matters and to coordinate military andforeign policy. The NSC was established because many in Congress felt that FranklinRoosevelt had overstepped his powers in personally directing the nation’s military strategyduring World War II. The NSC would ensure that future presidents would be provided witha wider range of views on military and diplomatic matters.

Makeup of the NSCThe NSC is composed of four members and three advisors.

The members are The advisors are

President Chairman of Joint Chiefs of Staff

Vice President Director of the Central Intelligence Agency (CIA)

Secretary of State Director of the Arms Control and Disarmament Agency

Secretary of Defense

Role of the NSC

The NSC advises the president on foreign, domestic, or military matters that affect the nation’s security. Whennecessary, meets on short notice.

Issues to be addressed by the council are first brought before one of the three senior groups chaired by amember of the NSC.

NSC advisors work under the president’s national security advisor; additional advisors may be appointed as apresident sees fit.

The NSC does not come under legislative oversight. The improper activities of the Reagan Administration’sNSC in the Iran-Contra Affair resulted in a reduction of its role in foreign policy.

The NSC’s major concern is national defense. Recent changes in the country’sdefense expenditures are shown here.

1990 1995 1996 1997 1998 1999 2000 2001 2002 2003 est.

200

220

240

260

280

300

320

340

360

380

400

Defense Expendituresmillions of dollars

Defense Expenditures:(millions of dollars)

1990 299,3311995 272,0661996 265,7531997 270,5051998 268,4561999 274,8732000 294,4952001 305,5002002 348,5552003 est. 376,286




Executive Office of the President: Office of Management and Budget

The Office of Management and Budget (OMB) is the largest agency in the executiveoffice of the president. It was created in 1921 as the Bureau of the Budget, and wasrenamed in 1970 by President Richard Nixon. As redesigned by Nixon, the OMB hadmuch more power.

Makeup of the OMBThe director of the OMB is a presidential counselor and has an office in the West Wing of the White House.

As of 1973, the OMB director and deputy director must receive Senate confirmation.

Role of the OMB

Assists the president in drawing up the annual budget he submits to Congress

1. Each federal agency prepares detailed estimates of its spending needs for the fiscal year.

2. The OMB holds budget hearings at which the agencies’ officials defend their budget requests.

3. Following a review, requests are usually reduced and worked into the president’s budget.

Acts as a clearinghouse for legislation sponsored by various executive departments to see that no legislationconflicts with policy objectives of the president. This function is known as “central clearance.”

Monitors the implementation of presidential programs by making formal studies of the executive departmentsto ensure that they are administered economically and efficiently

Keeps the president up to date on the work of all of its agencies

Helps the president prepare the executive orders he must issue and the occasional vetoes he must send toCongress

0

50

100

150

200

250

300

350

400

450

500

Total Expenditures of Executive Departments, 2002millions of dollars

Agriculture

Commerce

Defense

Education

Energy

Health andHuman

Services

Housingand Urban

DevelopmentHomelandSecurity

Interior

Justice

Labor

State

Transportation

Treasury

VeteransAffairs

Total Expenditures ofExecutive Departments,2002(millions of dollars)

Agriculture 68,731Commerce 5,314Defense 331,951Education 46,282Energy 17,681Health and

Human Services 465,812

Homeland Security 17,476

Housing and Urban Development 31,885

Interior 9,739Justice 21,112Labor 64,704State 9,453Transportation 56,104Treasury 370,558Veterans Affairs 50,884

One of the OMB’s primary functions is to monitor the economic efficiency of the executivedepartments. Shown here are the 1995 expenditures of these departments.




Executive Office of the President: Economic Agencies

The Council of Economic Advisors (CEA) was established under a provision of theFederal Employment Act of 1946. That provision was passed in response to the beliefthat the president needed expert advice on economic matters, such as employment, taxpolicy, and inflation. While the Council on Economic Advisors is a part of the EOP, it isconsidered a Cabinet-level office. It offers objective economic analysis to the presidentand has no policy-making function, unlike the National Economic Council (see below).

Makeup of the CEAThe president may appoint three members to theCouncil of Economic Advisors.

Each of these must receive Senate approval.

CEA staff consists of 60 economists, politicalscientists, and attorneys.

Role of the CEA

Assesses the nation’s economic health

Predicts future economic conditions

Aids other executive agencies in financial planning

Develops solutions for specific problems in theeconomy

Helps president prepare his annual economic reportto Congress

Reports to Congress periodically

National Economic CouncilThe National Economic Council was established by President Bill Clinton at the beginning of his firstterm in January 1993. Unlike the CEA, the NECmakes direct policy recommendations to thepresident.

Role of the NEC

Coordination of economic policy-making relating todomestic and international economic issues

Coordination of economic policy recommendations tothe president

Monitoring the consistency of economic policydecisions and programs with declared goals

Monitoring the execution of the president’s economicpolicy agenda

Rate of Change in GDP

1970 6.7%1975 8.2%1980 9.1%1985 7.7%1990 6.1%1995 5.5%2000 6.4%2002 3.1%

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1970 1975 1980 1985 1990 1995 2000 2002

Rate of Change in GDPpercent

One of the most important duties of the CEA is monitoring the country’s economicperformance, which is frequently measured by the growth of the country’s GrossDomestic Product (GDP). Analysis of the country’s economic growth is also aconcern of the NEC, which uses such analysis in its policy-making functions.




Executive Office of the President: Other Agencies

Other agencies of the Executive Office of the President (EOP) are listed below. Differentpresidents use the agencies in different ways. Often new presidents will add their ownagencies depending on the issues that are considered important at the time, as PresidentGeorge W. Bush did with the Office of National AIDs Policy and Office of Faith-Based andCommunity Initiatives.

Council on Environmental QualityAdvises the president on allmatters concerningenvironmental quality. Helpsthe president prepare a “stateof the environment” report forCongress each year.

President’s ForeignIntelligence AdvisoryBoardOversees the quality of thecountry’s intelligence-gatheringcapacities. Advises thepresident on legal issuesrelating to foreign intelligenceactivities.

Office of GlobalCommunicationsA new office established byPresident George W. Bush tooversee and coordinateinternational communicationsthat strategically serve thenation’s interests, and to givean honest portrayal of U.S.activities and policies.

Office of National AIDSPolicyA new office established byPresident George W. Bush tocoordinate initiatives to reduceHIV infections domesticallyand internationally, and tosupport care and treatment ofpeople with HIV/AIDS.

White House MilitaryOfficeOfficially part of the ExecutiveOffice of the President, thisoffice provides representationof the military in the office ofthe president and helpsaddress the president’smilitary needs and concerns.

Office of Faith-Based andCommunity InitiativesA new office established byPresident George W. Bush tosupport his efforts to increasethe role of privately fundedreligious and communityorganizations in addressingsocial concerns of the country.

Domestic PolicyCouncilAdvises the president on allmatters of domestic concern.Deputy assistant to thepresident on domestic policy is head of this office.

Office of National DrugControl PolicyOversees the nation’s drugcontrol policies. Helps tocoordinate drug controlpolicies of various agencies.

Office of Science andTechnology PolicyAdvises the president on allscientific and technologicalmatters that bear on thenation’s programs and policies.

Office of U.S. TradeRepresentativeAdvises the president on allmatters relating to trade withother nations. Helps negotiatetrade agreements with othernations.

Office of AdministrationProvides support to otheragencies. Staff does not needSenate confirmation.




Civil Service and the Federal Bureaucracy

Characteristics of the Federal Bureaucracy

Central Intelligence Agency (CIA)Environmental Protection Agency (EPA)Federal Communications Commission (FCC)Federal Deposit Insurance Corporation (FDIC)Federal Election Commission (FEC)Federal Emergency Management Fund (FEMA) Internal Revenue Service (IRS)

National Aeronautics and Space Administration (NASA)

National Endowment for the Arts (NEA) National Endowment for the Humanities (NEH)Peace CorpsSmall Business Administration (SBA)U.S. Postal Service (USPS)

Scope of the Federal BureaucracyWhat we refer to as the federal bureaucracy is a collection of agencies charged with executing the laws of thecountry. Some organizational charts of the federal government show over 60 such agencies and commissions.President George W. Bush’s White House lists 136 agencies and commissions under its auspices in its WorldWide Web site (www.whitehouse.gov).

Some of the well-known agencies are:

Specialization

Labor is clearly divided among workers.

Each bureaucrat becomes an expert in aspecific area.

Each of the 2.8 million bureaucrats has aspecific job description.

Record Keeping and Rules

Detailed records are maintained.

Changes in personnel do not affect thefunctioning of the bureaucracy.

Rules advise employees on what to doand not to do and provide stability indepartments when personnel changesoccur.

Controlis

centralized.

Information flows

up and down chain

of command.

Pyramid structure with each

member part of the chain of command

Instructions

flow down chain

of command.

HierarchicalAuthority




Development of the Civil Service System

1789 President George Washington appoints first members to Civil Service, all from hisFederalist Party.

1801 President Thomas Jefferson dismisses some 300 Federalist governmentemployees upon taking office and replaces them with members of his ownDemocratic-Republican Party.

1820s The number of Civil Service employees rises to more than 10,000.

1829 President Andrew Jackson dismisses over 2,200 employees appointed by hispredecessor. “Spoils system” develops, in which government offices are given topolitical supporters and friends of the president.

1871 Congress creates Civil Service Commission to reverse the effects of the spoilssystem; however, Congress fails to fund the commission.

1881 Disappointed and deranged Civil Service office-seeker Charles J. Guiteauassassinates President James Garfield.

1883 Pendleton Civil Service Act is passed, establishing merit as the basis for hiringand promotion in the Civil Service.

1909 President Theodore Roosevelt becomes a strong backer of the merit system,through which federal employees must prove their competency to be hired. Underhis administration, over two-thirds of Civil Service employees become “classified.”

1939 The Hatch Act passes, prohibiting “political activists” from becoming “classified”Civil Service employees.

1947 Taft-Hartley Act forbids federal employees from striking or engaging in workstoppages.

1978 Civil Service Reform Act is passed at the urging of President Jimmy Carter. CivilService Commission is replaced by the Office of Personnel Management (OPM)and Merit Systems Board.

HELP WANTED

Only President’s Friends Need Apply

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Documents

Formal Powers: Executive, Legislative, and Judicialmrwaddell.com/government/Executive Branch Readings.pdf · Formal Powers: Executive, Legislative, and Judicial Executive Powers The