THE EXECUTIVE BRANCH

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THE EXECUTIVE BRANCH
2
WHAT WERE THEY THINKING?

• Founders wanted
• a multi-executive branch where everybody
  checked everybody
• or.
• one executive doing multiple tasks with
  significant power
• Compromise one executive, some power with
  checks

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CONSTITUTIONAL AUTHORITY

• Article II, Sections 1-4
• 1 Establishes Presidency and Vice Presidency
  elected by the Electoral College for 4 year
  terms, qualifications, succession, salary and
  oath.
• 2 Commander and Chief, heads Cabinet, awards
  Reprieves and Pardons, negotiates treaties and
  confers federal appointments.
• 3 Presents the State of the Union, can
  convene congress in emergencies and is
  responsible for law implementation.
• 4 Impeachment-can be charged with treason,
  bribery or other high crimes and misdemeanors.

4
ESTABLISHING THE EXECUTIVE BRANCH

• Inherent powers presidential powers not
  explicitly noted in Constitution but implied as
  related to the offices powers.

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CONSTITUTIONAL AMENDMENTS

• 12th Separate ballots (1804)
• 20th Term commencement (1933)
• 22nd Term limits (1951)
• 25th Succession (1967) VP
• Inability to perform

6
OATH OF OFFICE

• I do solemnly swear 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.

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ROLES

• Commander in Chief (leader of the armed services)
• Chief Legislator (recommends and acts on
  legislation)
• Chief Diplomat (treaties, executive agreements)
• Chief Administrator (leader of the bureaucracy,
  implements policy, appointments,
  reprieves/pardons)
• Head (Chief) of State (represents country)
• Head of his/her political party

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QUALIFICATIONS

• 35 years of age or older
• 14 years U..S. residency
• Natural born citizen

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THE BENEFITS

• A nice house
• A salary of 400,000 per year (taxable)
• Expense account of 50,000 per year (taxable)
• Travel expenses of 100,000 per year (tax-free)
• Secret Service protection
• Pension, on retirement, cabinet member's salary
  (taxable)
• Staff support on leaving the presidency
• A place in the country - Camp David
• A personal airplane - Air Force One
• A fine chef (24/7)
• Lifetime up to Bill Clinton, President Bush will
  have ten years

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FLAT BROKE AND BUSTED

• Some presidents left office impoverished
  including James Monroe, Ulysses S. Grant and
  Harry Truman.
• Herbert Hoover accepted funds to save Harry
  Truman from embarrassment.

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TAKING CARE OF THE EXes

• 1958 Former Presidents Act
• Salary equal to Cabinet Secretaries
• Health care
• Secret Service Protection (inc. immediate
  family)
• Use of residence at 716 Jackson Pl. (D.C.)
• Operating budget office, equipment,
  supplies, postage, secretary etc.
• Can address the Senate

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2006 EXPENSES

• Pensions, staff salaries/benefits, travel, office
  rental, telephone, postage, printing, supplies,
  equipment etc. (per year)
• Ford-542,000
• Carter-504,000
• Bush-728,000
• Clinton-1,125,000
• Total 2,899,000
• plus Secret Service protection,
• medical care, presidential
• library and a State funeral

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PENSION BENEFITS

• Former presidents (regardless of terms) 180,100
  (equal to cabinet secretaries)
• Former vice-presidents 27,653 after eight years
  of service
• Former chief justice 208,100 annually (full
  salary) after reaching 65 years of age and 15
  years of service
• Former associate justices 199,200

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PRESIDENTS BY AGE (Years and Tenths of a Year)

• YOUNGEST
• Teddy Roosevelt 42.9
• John Kennedy 43.7
• Bill Clinton 46.4
• Ulysses Grant 46.9
• Grover Cleveland 48.0

• OLDEST
• Zachary Taylor 64.3
• George Bush 64.6
• James Buchanan 65.9
• William Harrison 68.1
• Ronald Reagan 69.9
• Oldest living-Reagan, 93 (died in 2004)

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ROOSEVELT AND REAGAN
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DOES IT MATTER?

• Lincoln 64
• L. Johnson 63
• Clinton 62½
• Jefferson 62 ½
• Arthur 62

• J.Q. Adams 57
• McKinley 57
• Harrison 56
• Van Buren 56
• Madison 54

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MADISON AND LINCOLN
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CHOOSING THE PRESIDENTThe Electoral College
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BY THE NUMBERSWinning in the Electoral College

• Total electors voting 538
• House (435), Senate (100), Wash. DC (3)
• Needed to win 270
• Vote in December (following the popular vote in
  November), results announced in January
• awarded by the 23rd amendment in 1961

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NO MAJORITY (270)?

• Without a majority the House votes for President
  and the Senate selects the Vice President. Each
  state gets one vote.
• 1800 tie-Thomas Jefferson and Aaron Burr
• House chose Jefferson
• 1824 Quincy Adams and Andrew Jackson
• House chose Adams

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THE ELECTORS

• Electors chosen by each states political parties
  (Republican, Democrat, Green etc.)
• Results are forwarded to Washington DC
• Electors traditionally vote according to the
  majority vote in their respective states
• Electors are not required to vote as their state
  votes (has occurred and has not been a factor in
  any election)

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ELECTORAL COLLEGE REPRESENTATOIN

• California leads the nation with the largest
  delegation in the Electoral College
• 53 Representatives
• 2 Senators
• 55 Electoral voters
• Note 33 Democrats, 20 Republicans (House)
• 2 Democrats (Senate)

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ELECTORAL COLLEGE

• Article II, Section 1
• People vote for electors
• Electors vote for Pres. V.P.
• Each state (Reps. Sens.)
• Needed 270 to win (538 total)
• Count by current Vice President
• Popular vote-1st Tuesday in November
• College vote-1st Monday after the 2nd Wednesday
  in December
• House and Senate responsibilities if electoral
  majorities are not attained

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BUT I WON!

• 1876 Hayes won electoral vote, Tilden popular
  vote.
• 1888 Harrison won electoral vote, Cleveland won
  popular vote.
• 2000 Bush won electoral vote, Gore won popular
  vote.

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• 2000 and 2004 elections
• 2000 Bush v Gore
• 2004 Bush v Kerry

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MULTIPLE TERMS SINCE 1900

• Wilson, FDR, Eisenhower, Nixon, Reagan, Clinton
  and George W.
• Four failed-Taft, Hoover, Carter and George H.W.
  Bush

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POWERS

• State of the Union
• Treaties
• Veto (pocket, line item)
• Impoundment (withholding or deferring funds) 1984
  act
• Appointments (recess)
• Pocket veto cannot be
• overridden (1996-1998)
• President Clinton was
• authorized by Congress to
• employ the power of the line veto

• Executive Privilege (1974, except in criminal
  proceedings)
• Legislative
• Executive Orders (given to the Bureaucracy
  clarifying treaties and laws)
• Reprieves and Pardons (excepting impeachment
  convictions)
  
  
  
• Executive Agreements (Case Act of 1972), 10 times
  of treaties.

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CMON BACK..

• President can convene a special session of
  congress as related to national security
• Last time 1933, FDR in the Great Depression
• Can also adjourn Congress if it cannot agree to

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THIS IS WHERE WEVE BEEN, THIS IS WHERE WE ARE
AND THIS IS WHERE WERE GOING

• State of the Union president is required from
  time to time to address the congress
• 1790, Washington first address
• 1800 Jefferson broke tradition sent written
  message (practice lasted about 100 years)
• 1912 Wilson reestablished the oral tradition
• 1993 (Clinton) and 2001 (Bush) did not give State
  of the Unions (starting out first terms)
• From duty to power?

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WHEELIN AND DEALIN

• Executive Agreements
• To date approximately 5,000
• Do not require Senate approval
• Not binding on future administrations
• Note In the Case Act of 1972 President
  must inform congress of all executive agreements
  within sixty days. (foreign affairs)

• Treaties
• To date approximately 900
• 2-3s approval vote of the Senate
• Binding on future administrations

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BY ORDER OF THE PRESIDENT

• Executive orders must be based on laws passed by
  Congress or the constitutional powers of the
  President
• 50-100 per year

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EXECUTIVE ORDERS

• 1863 President Lincolns Emancipation
  Proclamation
• 1948 President Truman, integration of the armed
  forces
• 1965 President Johnson on Affirmative Action on
  federal contracts
• 1976 President Ford, forbids assassination of
  foreign leaders
• 1980s President Reagan banned abortion
  counseling in federally supported clinics
• 1993 President Clinton, troops in Kosovo and
  overturned Reagans on abortion counseling.

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THE PARDON

• The President has the authority to pardon anyone
  for a federal offense at any time during his/her
  presidency at any point in the criminal process
  (federal forgiveness)
• Cannot pardon anyone convicted of impeachment
• Cannot pardon him/herself
• Commutation cuts short an existing prison term

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THE PARCDON PROCESS

• End of year tradition
• Review by the Office of the Pardon Attorney
  (Department of Justice)
• Final decision-President

• Factors
• Seriousness of the crime
• How old is the crime
• Responsibility/remorse
• Rehabilitation
• Compelling need
• Official recommendations

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THE PARDON

• Article II, section 2
• Virtually Uncheckable
• Nixon pardon by Ford
• Iran/Contra pardons by Bush
• Rich pardon by Clinton

• 16-Washington
• 0-Harrison and Garfield
• 3,683-FDR
• 2,031-Truman
• 1187-Johnson
• 926-Nixon
• Ford
• 563-Carter
• 406-Reagan
• 77-H.W. Bush
• 457-Clinton
• 113 Bush (through 2006)

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THE PARDON

• July 27-30, 1974 House Committee approved three
  articles of impeachment
• August 9, 1974 President Nixon resigned the
  presidency under the threat of impeachment

• President Ford pardoned President Nixon on
  September 8, 1974
• Pardon may be granted to anyone suspected,
  accused or convicted of any crime.

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NOTABLE PARDONS

• Civil War southerners
• Vietnam deserters
• Nixon
• Iran Contra (Reagans agents)

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A QUESTION OF LAW, THE VETO

• A bill becomes law when
• the President signs it.
• the President allows it to sit on his desk
  (unsigned) for 10 days while Congress is in
  session.

• A bill does not become law when
• the President vetoes it.
• the President allows it to sit on his desk
  (unsigned) for less than 10 days and Congress
  adjourns. This is called a pocket veto.

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THE VETO-NOT!

• Presidents ability to negate legislation.
• Requires a 2/3 vote override in both houses.
• President Bush in 1 terms has vetoed one piece
  of legislation (embryonic stem cell research).
• Since 1789 2,551 vetoes, 106 overridden

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BY THE NUMBERSPRESIDENTIAL VETOES

• Franklin Roosevelt, 635, success rate 97.6
• Harry Truman, 250, success rate 93.3
• Dwight Eisenhower, 181, success rate 97.3
• John Kennedy, 21, success rate 100
• Lyndon Johnson, 30, success rate 100
• Richard Nixon, 43, success rate 73.1
• Gerald Ford, 66, success rate 75
• Jimmy Carter, 31, success rate 84.6
• Ronald Reagan, 78, success rate 76.9
• George H.W. Bush, 46, success rate 96.6
• Bill Clinton, 36, success rate 94.4
• George W. Bush, 1, success rate 100
• up to President Clinton most congresses were
  dominated by a majority of Democrats

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OVER 200 MILITARY ACTIONS, 5 DECLARED WARS

• War of 1812 (1812-1815) with Great Britain over
  territorial and sea rights. (Madison)
• Mexican-American War (1846-1848) with Mexico over
  western and mid western territory (Polk)?
• Spanish-American War (1898) with Spain over
  economic interests terr. (McKinley)
• WWI (1917-1918) with Germany over national
  interests (Taft)
• WW II (1941-1945) with Germany, Japan Italy in
  response to attack on Pearl Harbor

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WAR POWER LAST FIFTY YEARS

• 1950-53 Korea (N.Korea China, Truman)
• 1956-75 Viet Nam (N.Viet Nam Viet Cong,
  Eisenhower, Kennedy, Johnson, Nixon)
• 1965 Dominican Republic (Dominican rebels,
  Johnson)
• 1982-84 Lebanon (Syria various Muslim leftist
  Lebanese militias, Reagan)
• 1983 Grenada (Marxist Grenadian faction
• Cuba, Reagan)
• 1989 Panama (Panama, Bush)
• 1991-present Iraq (Iraq, Bush, Clinton, Bush)

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WAR POWERS ACT, A CHECK?

• 1973 Presidents required to consult with Congress
  when sending troops abroad to defend country or
  assist allies (within 48 hours) and must withdraw
  troops in sixty days if Congress does not declare
  war.
• passed over Nixons veto

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EXTRAORDINARY POWERS

• John Adams and the Alien and Sedition Acts
  (punishment of anti-government speech)
• Abraham Lincoln and the suspension of habeas
  corpus (the right to challenge ones detention by
  the government)
• Woodrow Wilson and his support of prosecution of
  those who criticized the war effort (WWI)
• Franklin Roosevelt and his detention of
  Japanese-Americans
• Lyndon Johnson and his approval of domestic
  wiretapping on citizens (and some
  congresspersons)
• Richard Nixon and his approval of domestic
  wiretapping of so called subversives
• George W. Bush and his approval of domestic
  wiretapping of those suspected of terrorist ties

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CAMP DAVIDHome away from home.
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EXECUTIVE OFFICE OF THE PRESIDENT (EOP)

• Housed next to the White House (Eisenhower
  Building)
• Four major policy making bodies
• National Security Council (foreign and
  military
• policy)
• Council of Economic Advisors (Economic
• policy)
• Office of Management and Budget
  (oversees
• development and management of the
  budget)
• Office of Homeland Security (advises
  President on
• matters regarding domestic security)

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EXECUTIVE OFFICE OF THE PRESIDENT (EOP)

• Council of Economic Advisors
• Council of Environmental Quality
• National Critical Materials Council
• National Security Council
• Office of Administration
• Office of Management and Budget

• Office of Policy Development
• Office of the U.S. Trade Representative
• Office of Science and Technology Policy
• Office of the Vice President
• Office of National Drug Control Policy
• White House Office

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THE DYNAMIC DUO

• Vice President is completely dependent upon the
  President for his work.
• The President is not authorized to remove the
  Vice President.
• Next in succession
• Heads the Senate, breaks ties (Cheney-11 times)
• Earns 192,600 a year

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VP, WHO WANTS IT?

• I do not propose to be buried until I am really
  dead. Daniel Webster during down the VP in 1840
• Once there were two brothers. One ran away to
  sea the other was elected VP of the U.S. and
  nothing was heard of either of them again.
  Thomas Marshall (Woodrow Wilson, 1913-21)
• .like a man in a cataleptic fit, he cannot
  speak, he cannot move, he suffers no pain. He is
  perfectly conscious of all that goes on, but has
  no part in it.
• I believe Im entitled to make a few remarks
  because Im about to enter a 4 year period of
  silence. Charles Dawes (Calvin Coolidge,
  1925-29)
• The job.is not worth a pitcher of warm piss.
  John Garner (Franklin Roosevelt, 1933-41)
• Standby equipment Nelson Rockefeller (Gerald
  Ford, 1975)

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THANKS, BUT NO THANKS(2004 CAMPAIGN)

• I spent several years in a North Viet Nam prison
  camp, in the dark, fed with scraps. Do you think
  I want to do that all over again as Vice
  President? John McCain, Senator, Arizona
• I would not accept it at gunpoint. Bill
  Richardson, Governor, New Mexico

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THE VICE PRESIDENT

• Constitutional provision
• Evolution of the position
• Historys notables

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THE LAUNCHING PAD?

• 14 vice presidents have advanced from their
  positions to the presidency.
• John Adams, 1796
• Thomas Jefferson, 1800

• Teddy Roosevelt, 1904
• Lyndon Johnson, 1963
• Richard Nixon, 1968
• Gerald Ford, 1974
• George Bush, 1988

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CABINET

• Departments State (1789), Treasury (1789),
  Defense (1947, War, 1789, Navy 1798), Justice
  (1789), Interior (1849), Agriculture (1889),
  Commerce (1889), Labor (1913), Health Human
  Resources (1953), Housing Urban Development
  (1965), Transportation (1966), Energy (1977),
  Education (1979), Veterans Affairs (1989) and
• Homeland Security (2003)

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NATIONAL SECURITY COUNCIL

• Purpose Advise and assist President on National
  and Foreign security matters

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CHECKS AND BALANCES
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CONGRESSIONAL CHECKS

• War Powers Act (1974) President may send troops
  into hostile action for 60 days notifying
  Congress within 48 hours
• Case Act (Executive Agreements) President must
  notify Congress within hours
• The Budget and Impoundment Control Act (1974)
• President may delay spending unless
  forbidden by Congress
• To terminate a program he must seek
  congressional approval within 45 days

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IMPEACHMENTS
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IMPEACHMENT, THE PROCESS

• House member/committee requests an impeachment
  inquiry
• Judicial Committee investigates to determine if
  evidence is sufficient
• Judicial Committee conducts investigation,
  develops and votes on articles
• House of Representatives considers and votes on
  Articles of Impeachment (majority vote)
• Senate tries the accused as a jury of 100 with a
  team of House members prosecuting.
• President is represented by his/her own legal
  team
• Chief Justice presides
• 2/3 vote for conviction by the Senate and removal
  from office
• The president, members of congress and judges may
  be impeached

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THE INFAMOUS 2.5

• 1868 Andrew Johnson
• 1975 Richard Nixon
• 1998 Bill Clinton
• Impeached by the House and resigned.

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RICHARD M. NIXON

• Watergate scandal-the break-in and subsequent
  cover-up
• Executive privilege-maintaining the tapes
• House articles-three approved for impeachment
  (summer, 1974)
• Obstruction of justice, abuse of power, contempt
  of congress
• Within weeks Nixons resignation

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ASSASSINATIONS ATTEMPTS
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ASSASSINATIONS

• 1865 Abraham Lincoln
• 1881 James Garfield
• 1901 William McKinley
• 1963 John Kennedy

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ATTEMPTS

• 1835 Andrew Jackson
• 1912 Teddy Roosevelt
• 1950 Harry Truman
• 1975 Gerald Ford (twice)
• 1981 Ronald Reagan
• Teddy Franklin Roosevelt
• The only President shot that survived.

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RANKINGS

• Ridings McIver, Murray, CSPAN etal.
• Lincoln preservation of the Union
• FDR Great Depression and World War II
• Washington establishing a national gov.
• Jefferson Declaration of Independence and
  Louisiana Purchase
• T. Roosevelt environmental protections
  

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FROM FIRST TO WORST

• Warren Harding, 1920
• Ulysses Grant, 1868
• James Buchanan, 1856
• Franklin Pierce, 1852
• Andrew Johnson, 1865

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NOBEL PEACE PRIZE

• Theodore Roosevelt (1906) various peace treaties
• Woodrow Wilson (1919) League of Nations
• Jimmy Carter (2002) international peace work

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THE LAST TEN
(1953-present)

• Dwight Eisenhower-retired general
• John Kennedy-House/Senate
• Lyndon Johnson-House/Senate/VP
• Richard Nixon-House/VP
• Gerald Ford-House/VP
• Jimmy Carter-Governor
• Ronald Reagan-Governor
• George Bush-House/VP
• Bill Clinton-Governor
• George W. Bush-Governor