The Executive Branch

Chapter 12

Becoming President

• Qualifications:– 35 yrs. Old– Natural born (US or territory)– Last 14 yrs. In US

• Presidents have shared several characteristics:– Male– White– Married– Protestant– Political or military experience– Northern European ancestry– Political party affiliation

• Term Limits:– Originally – none– After FDR (4) – the 22nd Amendment made it 2 terms or

10 years• Succession & Disability– VP succeeds if Prez dies– 25th Amendment – 2 parts:

• 1. Prez can nominate new VP – Congress approves• 2. Disability:

– A. President informs Congress in writing of disability– B. The VP and majority of the Cabinet inform Congress in writing

• C. Pres can resume duties when he informs Congress he can– If VP and majority of Cabinet disagree, Congress has 21 days

to decide with 2/3 vote

• Impeachment/Removal– Impeachment – bringing charges against a gov’t

official (House of Representatives)– Removal – trial by Senate – Chief Justice presides –

takes 2/3 vote to remove official

Road to the White House

• Two ways:– 1) win election– 2) succeed to office from VP

• Many presidents are former:– VP’s– Governors– Senators– Cabinet members

• Electoral College System– Mentioned in Constitution & 12th Amendment– Each state’s electors are equal to its number of

House members and Senators– In November, voters cast their vote for president– In December, electors meet in each state capital to

cast their vote

– In January, the votes are opened before a joint session of Congress and counted

– A candidate must receive at least 270 to win– If no candidate gets 270• the House votes by state among the top 3 for president• The Senate votes by state among the top 3 for VP

The Vice Presidency

• Two duties:– Preside over the Senate (cast tie-breaking

vote)– Help determine presidential disability and

take over if necessary• Formal qualifications are the same• VP’s often chosen to “balance the

ticket”• Today, VP’s have a larger role in the

gov’t– Attend cabinet meetings– Diplomatic missions– Serve on National Security Council

Presidential Powers• Article II outlines the powers• Executive Powers:

– Enforce laws, treaties, & court decisions

– Issue executive orders to carry out policies

– Appoints and removes officials– Assumes emergency powers– Presides over cabinet and

branch• Judicial Powers:

– Appoints members of the federal courts

– Grants reprieves, pardons, & amnesty

• Legislative Powers:– State of the Union Address:

• Identify problems• Recommend ideas and policies• Submit his legislative agenda

– Issues the annual budget & economic reports

– Signs or vetoes bills– Proposes legislation & uses

influence to get it passed– Calls for special sessions of

Congress

• Diplomatic Powers:– Appoints

ambassadors/diplomats– Negotiates treaties &

executive agreements– Meets with foreign leaders

in international conferences

– Give diplomatic recognition to foreign governments

– Receives foreign dignitaries

• Military Powers:– Serves as commander-in-chief– Makes final decisions in matters

of national and foreign defense– Provides for domestic order

• Party Powers:– Leader of the party– Chooses VP nominee– Helps party members get elected

(coattails)– Appoints party members to

positions (patronage)– Influences policies and platform

of the party.

Limits on Presidential Power• Part of the checks and balances system• Congressional Checks:

– Override presidential vetoes (2/3 vote – both houses)

– Power of the purse (Congress approves budgets for the agencies• 1974 – Congressional Budget and Impoundment

Control Act – president cannot refuse to spend money appropriated by Congress – also gave Congress a larger role in the budget process)

– Power of impeachment– Approval powers over appointments (Senate)– Legislation that limits the president’s powers

(EX: War Powers Act)– Legislative vetoes (declared unconstitutional in

1983)

• Judicial Checks:– Power of the Court to declare laws he signed

unconstitutional• Political checks:– Public opinion– Media attention– popularity

Presidential Character

• Active-Positive – likes his work, adjusts easy, confident– FDR, Truman, JFK, Carter

• Active Negative – hard worker but doesn’t like it, insecure, maybe obsessive or antagonistic– Wilson, LBJ, Nixon

• Passive-Positive – easygoing, doesn’t want dissent, may be too confident– Taft, Harding, Reagan

• Passive-Negative – doesn’t like politics, withdraws from close relationships– Coolidge, Eisenhower

Executive Privilege• Nothing in the Constitution about the presidents

right to keep communication b/w himself and advisors private

• But presidents claim it anyway because:– 1) separation of powers keeps one branch from inquiring

about the other– 2) need to feel they can be candid without fear of press

and public reaction (esp. with national security• Congress doesn’t like it, but didn’t do anything about

it until Watergate

– a federal prosecutor insisted Nixon turn over tape recordings during Watergate

– He claimed executive privilege– US v. Nixon, the Court said that in this case,

executive privilege would block the constitutionally defined function of federal courts to decide criminal cases• In other words, turn over the tapes

• Nixon v. Fitzgerald – 1982 – presidents can’t be sued for damages related to official decisions made while in office.

• Clinton v. Jones – 1997 – Court ruled against Clinton’s argument that civil suits against a chief executive distract him from presidential duties

• All these decisions have restricted executive privilege, but have not eliminated it.

Executive Orders

• Have the force of law• They may enforce the Constitution, treaties or

may establish or modify rules and practices of executive administrative agencies.

Line-Item Veto

• Line-Item Veto Act – 1996 – allowed the president to veto sections of appropriations bills only.

• When Clinton did this, the law was challenged in Clinton v. City of NY (1997)– SC ruled it unconstitutional and said that it is an

abuse of separation of powers

Expansion of Presidential Powers• 1846 – James K. Polk – ordered

army into disputed territory beginning a war with Mexico w/o approval from Congress

• 1861 – Abraham Lincoln – declared domestic emergency during a congressional recess – suspended habeas corpus

• Early 1900’s – Theodore Roosevelt – pushed the public to demand economic reform, used the press to push his agenda, sent naval fleet on a mission w/o congressional funds or approval

• 1930’s – FDR – created federal economic programs w/o prior Congressional approval

• Late 1960’s – Nixon – blocked congressional programs by “impounding” funds for programs he didn’t support – the SC supported Congress

• Early 1980’s – Reagan – attacked programs by eliminating them from the budget

The White House Office/Staff• His staff is entirely up to him• Two different types of

organizations:– Pyramid model – assistants

report through a hierarchy to a chief of staff or chief aide.• Mostly efficient• Frees the president for only the

most important issues• Bad because he may become

isolated• Or top advisors may gain a lot

of power

– Circular model – many cabinet secretaries and assistants report directly to the president• More direct contact with staff• Allows better access to the president• Ideas are not filtered through aides• Critics say it leads to chaos and the president’s time is

not well used

• Executive Office of the President (EOP)– Agencies that report directly to him and perform

staff services– Includes his closest advisors– Made up of several important groups:• White House Office – personal and political staff that

help with day-to-day activities (chief of staff, counsel to the pres, press secretary)

• National Security Council (NSC) – advises president on military and foreign matters– Made up of pres, VP,

Secs of State and Defense

– Headed by the National Security Advisor

– Has a large staff

• Office of Management and Budget (OMB) – largest office– Prepares the national

budget– Monitors the spending

of funds approved by Congress

– Checks the budgets and records of executive agencies

• National Economic Council– Consists of 3 leading economists– Assisted by 60 other economists, attorneys and political

scientists– Advise and help with economic planning

• Office of Faith-Based and Community Initiatives– Created by GWB– Encourages and expands private efforts to deal with social

problems.

• Office of National Drug Control Policy– Advisory and planning agency to fight the nation’s drug

problems.

• Office of Policy Development– Advises the president about domestic policy

• Office of US Trade Representatives– Advises about foreign trade and helps negotiate foreign trade

agreements

• Office of Environmental Quality– Coordinates federal environmental efforts and analyzes

environmental policies and initiatives

• Office of Science and Technology Policy– Advises the president on the effects of science and technology

on domestic and international affairs.– Works with private sector and state and local gov’t to

implement effective policies

• Office of Administration– Provides administrative services to personnel of the EOC and

gives direct support services to the president

The Cabinet• Oldest traditional body of the

Executive Branch• First ones were:

– State (Jefferson)– Treasury (Hamilton)– War– Attorney General (Justice)

• It really doesn’t have much influence over presidential decisions

• The original four are called the “inner cabinet” and have the most power and influence

• The order of their creation is important for protocol

• In meetings, they sit in the order they were created with the newest ones the farthest away.

• They are appointed by the president - confirmed by the Senate• President doesn’t have much power over cabinet departments• The cabinet heads (Secretaries) spend most of their time on

department business – Also defending and promoting their own department– Compete with other departments for resources and attention– Function more as the departments representatives to the president

than the presidents representatives to the departments

• In order of Creation:– State– Treasury– Defense– Interior– Justice– Agriculture– Commerce– Labor– Health and Human Services– Housing and Urban Development– Transportation– Energy– Education– Veterans Affairs– Homeland Security

Independent Executive Agencies

• Similar to departments but without cabinet status• The heads serve by law for fixed terms and can be

removed only for “just cause”• Created by Congress• Include– Federal Reserve Board– Federal Communications Commission– FDIC– SEC

Government Corporations• Created by Congress to carry out business-like

activities• Charge for their services• Include:– TVA– AMTRAK– USPS