PRESIDENTIALPOWERS

EXECUTIVEOFFICES

PRESIDENTIALSUCCESSION

QUALIFICATIONS

VICE PRESIDENTSDUTIES

Created by Article II of the Constitution

PRESIDENTIAL QUALIFICATIONS

AGE 35

CITIZENSHIPNATURAL BORN

U.S. CITIZEN

RESIDENCY

HAVE LIVED IN THE U.S. AT

LEAST 14 YEARS

TO BE THE PRESIDENT YOU MUST FILL ALLOF THE FORMAL REQUIREMENTS.

EXECUTIVEPOWERS

DIPLOMATICPOWERS

MILITARYPOWERS

LEGISLATIVEPOWERS

POWERS OF THE PRESIDENT

JUDICIALPOWERS

EXECUTIVE POWERSEXECUTIVE POWERS ARE THOSE POWERS THE PRESIDENT HAS AND USES TO MAKE SURE THAT FEDERAL LAW IS CARRIED OUT. THEY INCLUDE:

EXECUTINGTHE LAW APPOINTING POWER

REMOVAL POWERORDINANCE POWER

EXECUTING THE LAWTHE PRESIDENT HAS THE JOB, RESPONSIBILITY AND DUTY TO MAKE SURE THAT ALL LAWS ARE ENFORCED AND ADMINISTERED, AS PER THE CONSTITUTION:

ARTICLE II, SECTION 1, CLAUSE 8 (THE PRESIDENTIAL OATH)

ARTCLE II, SECTION 3, CALLED THE “TAKE CARE” POWER

* The President has the power to issue executive orders.*An EXECUTIVE ORDER is a directive, rule, or regulation that has the effect of law. While the order is not an actual law, it is treated like one.*This power is given to the President from two sources: the Constitution and Congress.

The ORDINANCE POWER

Executive Orders

• 1st use: Pres. G. Washington– Creation of a Nation day of Thanksgiving, 1789– 1794 EO ordering Whiskey Rebellion to

disperse• Legitimate uses

EO Uses• Commander in Chief.15 The President's power as Commander in Chief

is limited by other constitutional powers granted to Congress, such as the power to declare war, raise and support the armed forces, make rules (i.e., laws) for the regulation of the armed forces, and provide for calling forth the militia of the several states. However, the President's power as military commander is still very broad with respect to the armed forces at his disposal, including some situations in which Congress has not acted to declare war.

EO Uses

• Head of State.16 The President is solely responsible for carrying out foreign policy, which includes the sole power to recognize foreign governments, receive foreign ambassadors, and negotiate treaties. Congress may enact laws affecting foreign policy, and two-thirds of the Senate must ratify any treaty before it becomes binding law, but Congress must still leave the execution of foreign policy and diplomatic relations to the President.

EO Uses

• Chief Law Enforcement Officer. The President has the sole constitutional obligation to "take care that the laws be faithfully executed,"17 and this grants him broad discretion over federal law enforcement decisions. He has not only the power, but also the responsibility to see that the Constitution and laws are interpreted correctly.18 In addition, the President has absolute prosecutorial discretion in declining to bring criminal indictments. As in the exercise of any other constitutional power, one may argue that a particular President is "abusing his discretion," but even in such a case, he cannot be compelled to prosecute any criminal charges.

EO Uses• Head of the Executive Branch. The Framers debated and

rejected the creation of a plural executive. They selected a "unitary executive" and determined that he alone would be vested with "[t]he executive power" of Article II. After much debate, the Framers also determined that the President would nominate and appoint (with the Senate's consent in some cases) all officers in the executive branch. With very few exceptions, all appointed officials who work in the executive branch serve at the will and pleasure of the President, even if Congress has specified a term of years for a particular office.19 All of this was designed to ensure the President's control over officials in the executive branch20 and to promote "energy in the executive."21

Uses Recently

Pres. Bush

• http://www.archives.gov/federal-register/executive-orders/2001-wbush.html

• http://www.presidency.ucsb.edu/executive_orders.php?year=2001&Submit=DISPLAY

•The President has the power to appoint nearly three million federal civilian employees.•Once the President receives the consent of the Senate, he appoints most of the top-ranking officials in the Federal Government.

•Some examples are: federal judges, cabinet members, heads of independent agencies, and officers of the military.

THE APPOINTING POWER

SENATORIAL COURTESY – Presidential Appointments Need Appointees Home Senators Approval

*The President can remove anyone from office who he has appointed.

*The only restriction on this power is that the President cannot remove Supreme Court Justices from the bench.

*Three major reasons for removal are: inefficiency in office, neglect of duty, or inappropriate behavior.

THE REMOVAL POWER

DIPLOMATIC POWERSTHE PRESIDENTS DIPLOMATIC POWERS ARE

AMONG HIS MOST POWERFUL. THEY INCLUDE:

POWER TO MAKE TREATIES

POWER OF EXECUTIVE AGREEMENTS

POWER OF RECOGNITION

*treaty=formal agreement between two or more sovereign states*The President usually negotiates treaties through the Secretary of State.*The Senate must give approval for these international agreements with a 2/3 vote.

POWER TO MAKE TREATIES

POWER OF EXECUTIVE AGREEMENTS

Executive Agreements are like treaties in that they are agreements between the President and foreign leaders or their subordinates. They are different in that they do not require the approval of the Senate. They usually stem out

of previous legislation, or a previous treaty.

*The President, representing the United States, acknowledges the legal existence of that country and its government.*This recognition can make or break the survival of a new country.

*This recognition is not permanent. It can change with revolutions or changes in government.

THE POWER OF RECOGNITION

MILITARY POWERS

*During wartime, the President can make critical decisions that he feels is necessary for wartime AS COMMANDER AND CHIEF.

*The President also has the power to send troops into combat, without approval by Congress. This is referred to as undeclared war.

*Finally, the President can use troops for domestic peace within the United States.

LEGISLATIVE POWERS*The President possesses the power to submit OR RECOMMEND ideas to Congress.*The President gives a “State of the

Union” address each year, where he presents ideas for new legislation to Congress.THE PRESIDENT ALSO HAS:

*FINALLY THE PRESIDENT HAS THE POWER TO CALL SPECIAL SESSIONS OF CONGRESS IF A PRESSING MATTER OCCOURS.

THE POWER OF VETO

THE POWER OF VETO*When a bill is presented to the President, he can do one of four things:1. Sign it and pass the law, 2. Veto the law,

3. While Congress is in session, he can not touch the bill and it will pass in 10 days 4. Pocket veto, or while

Congress is not in session, he can not touch the bill and it will not pass.

JUDICIAL POWERS

PARDON – ISSUED BY THE PRESIDENT IT IS LEGAL FORGIVENESS FOR A CRIME AMNESTY – ISSUED BY THE PRESIDENT IT IS A PARDON FOR A LARGE GROUP OF PEOPLEREPRIEVE – ISSUED BY THE PRESIDENT IT IS POSTPONING A SENTENCECOMMUTATION- ISSUED BY THE PRESIDENT IT IS A REDUCTION OF A SENTENCE

ACCORDING TO ARTICLE II, SECTION 2, CLAUSE 1 THE PRESIDENT HAS THE POWER TO ISSUE:

ROLES OF THE PRESIDENT

CHIEFEXECUTIVE

CHIEFCITIZEN

CHIEFADMINISTRATOR

CHIEFDIPLOMAT

COMMANDERIn CHIEF

CHIEFLEGISLATOR

CHIEF OFPARTY

CHIEF OFSTATE

CHIEF EXECUTIVE

This role of the President allows him to ensure that the laws of the nation are carried out fairly.

Chief Executive

There are 132 rooms, 35 bathrooms, and 6 levels in the Residence. There are also 412

doors, 147 windows, 28 fireplaces, 8 staircases, and 3 elevators.

CHIEF DIPLOMAT

This role of the President allows him to establish foreign policy with other nations.

Chief Diplomat

CHIEF LEGISLATOR

This role of the President allows him to submit ideas for new laws for the United States.

Chief Legislator

CHIEF CITIZEN

This role of the President infers that he is the moral leader and figurehead of the United States.

Chief Citizen

CHIEF OF STATE

This role of the President states that the President is the head of the national government.

Chief of State

CHIEF ADMINISTRATOR

This role of the President states that the President is the “boss” of government employees.

Chief Administrator

COMMANDER AND CHIEF

This role of the President allows him to command all United States military troops.

Com

man

der-

in-C

hief

CHIEF OF PARTY

This role of the President states that he is the informal leader of his political party.

Chief of Party

EXECUTIVE OFFICES“The President’s right arm”as it is referred to is the several offices that are staffed by the President’s closest advisors, and are designed to help the President make, and enforce policy. They include:

NATIONALSECURITYCOUNCIL

OFFICE OF MANAGEMENTAND BUDGET

OFFICE OF NATIONAL DRUG

CONTROL POLICY

COUNCIL OFECONOMICADVISORS

CABINET OTHERS

NATIONAL SECURITY COUNCILThe National Security Council is the President's principal forum for considering national security and foreign policy matters with his senior national security advisors and cabinet officials.

Since its inception under President Truman, the function of the Council has been to advise and assist the President on national security and foreign policies.

The Council also serves as the President's principal arm for coordinating these policies among various government agencies.

OFFICE OF MANAGEMENT AND BUDGET

OMB's predominant mission is to assist the President in overseeing the preparation of the federal budget and to supervise its administration in Executive Branch agencies. In addition, OMB oversees and coordinates the Administration's financial management, information, and regulatory policies.

The principal purpose of ONDCP is to establish policies, priorities, and objectives for the Nation's drug control program.

The goals of the program are to reduce illicit drug use, manufacturing, and trafficking, drug-related crime and violence, and drug-related health consequences.

To achieve these goals, the Director of ONDCP is charged with producing the National Drug Control Strategy.

The Strategy directs the Nation's anti-drug efforts and establishes a program, a budget, and guidelines for cooperation among Federal, State, and local entities.

OFFICE OF NATIONAL DRUG CONTROL POLICY

             

      

COUNCIL OF ECONOMIC ADVISORS

The CEA was established by the Employment Act of 1946 to provide the President with objective economic analysis and advice on the development and implementation of a wide range of domestic and international economic policy issues.

CABINETThe tradition of the Cabinet dates back to the beginnings of the Presidency itself.

One of the principal purposes of the Cabinet (drawn from Article II, Section 2 of the Constitution) is to advise the President on any subject he may require relating to the duties of their respective offices.

The Cabinet includes the Vice President and, by law, the heads of 15 executive departments-the Secretaries of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs, and the Attorney General.

OTHER OFFICESThe other offices of the Executive Branch are as varied as they are in numbers. Some of the other areas include:

Office of Policy Development - Advises President on domestic concerns

National Space Council-Advises President on civil and military efforts in space

Council on Environmental Quality- Aids the President on environmental policy matters.

Office of U.S. Trade Representatives – Advises the President on matters of foreign trade.

Office of Science and Technology- Advises on all scientific, engineering, and technology advances.

VICE PRESIDENTIAL DUTIESBY CONSTITUTION THE VICE PRESIDENT HAS

ONLY TWO FORMAL DUTIES:

1. PRESIDE OVER THE SENATE

2. HELP DECIDE THE QUESTION OF PRESIDENTIAL DISABILITY

3. PRESIDENTIAL DISABILITY IS WHEN THE PRESIDENT IS UNABLE TO CARRY OUT HIS DUTIES

THE ONLY OTHER ASSUMED PURPOSE OF THE VICE PRESIDENT IS TO BE A PRESIDENT IN WAITING.

PRESIDENTIAL SUCCESSIONIS THE ORDER IN WHICH INFERIOR OFFICERS CAN BE

PROMOTED TO THE OFFICE OF PRESIDENT IN CASE OF A VACANCY. THE CURRENT SYSTEM WAS ESTABLISHED BY

THE 25TH AMENDMENT AND CURRENTLY HAS 18 POSITIONS. HERE ARE THE FIRST 10.

1 VICE PRESIDENT 6 SECRETARY OF DEFENSE

2 SPEAKER OF THE HOUSE 7 ATTORNEY GENERAL

3 PRESIDENT PRO TEMPORE 8 SECRETARY OF THE

INTERIOR

4 SECRETARY OF STATE 9 SECRETARY OF AGRICULTURE

5 SECRETARY OF THE TREASURY 10 SECRETARY OF

COMMERCE

Vice President Joseph Biden

Speaker of the House Nancy Pelosi

President Pro Tempore Robert Byrd

The Cabinet in order of Creation

Executive Branch * Department of Agriculture (USDA) * Department of Commerce (DOC) * Department of Defense (DOD) * Department of Education (ED) * Department of Energy (DOE) * Department of Health and Human Services (HHS) * Department of Homeland Security (DHS)

* Department of Housing and Urban Development (HUD) * Department of Justice (DOJ) * Department of Labor (DOL) * Department of State (DOS) * Department of the Interior (DOI) * Department of the Treasury * Department of Transportation (DOT) * Department of Veterans Affairs (VA)

Executive Branch Agencies

• Independent Agencies and Corporations

• Boards, Committees, and Commissions

• Quasi Agencies

Power PyramidThe President

Department Heads/Secretaries

Agency Level Appointees

The Civil Service Employees including the Military

10,000’s

100’s

Unionized-Retire after 25 years of

service

Changes every President