Title: Executive Branch
1Executive BranchThe executive power shall be
vested in a President of the United States of
America. He shall hold his Office during the
term of four years, and, together with the Vice
President, chosen for the same term, be elected
Article II, Section 1
2Constitutional Requirements to be President
- SSCG13 The student will describe the
qualifications for becoming President of the U.S. - Explain the written qualifications for President
of the United States. - Describe unwritten qualifications common to past
presidents. - Constitutional Requirements to be President
- Natural born Citizen
- 35 years old
- Resident of the U.S. for at least 14 years
- The Vice Presidents qualifications are the
same as the President with the exception that
he/she can not have their primary residence in
the same state as the President.
3Informal Presidential Qualifications
- College Educated
- Military Experience
- Prior government experience
- Most have been white, male, protestants with
families
4What voters want.The impossible dream!
- Cooperation w/Congress
- Peacekeeper
- Ability to solve economic problems
- Someone with good character, judgment, and humor
- A sense of purpose
- Tough, decisive, competent, effective fair
- A leader with initiative
5Electing a President
6How is the President Elected?
National Convention Delegates choose the nominee
of each major party with conventions held in
the summer of election year
Presidential Primaries In states with primaries,
party voters select some or all delegates to
national convention and/or express preference for
partys nomination
State Conventions Party voters select some or all
of the delegates to the national convention
Candidates must take two paths to win their
partys nomination (1) Either through primaries
or (2) party state conventions
Local Caucuses Party voters in local meetings
choose delegates to state conventions
7How is the President Elected?
Electoral College Presidential electors meet in
State capitals on Monday following the second
Wednesday in December to cast electoral votes.
270 needed to win.
Election Day Voters cast their ballots on Tuesday
following the first Monday in November. Voters
actually choose presidential electors.
Democrat Nominee
Republican Nominee
Third Party Candidates
8How does the Electoral College Work?
- Electoral votes are determined by total number of
senators and representatives in each state
Example Michigan has 2 senators and 14
representatives total electoral votes are 16
- Largest state California, has 55 electoral votes
- Electors are party loyalists that are chosen by
the state parties
- Voters elect the slate of electors on Election
Day. For Michigan 16 Republicans or 16
Democrats, depending on majority vote.
- 23rd Amendment allows for 3 electoral votes for
Wash. DC
- Majority of Electors 270 of 538 is necessary to
win.
9Inauguration of the President
- Term of Office
- Four Years
- Inauguration
- January 20th
1012th Amendment
- Cleans up the voting mess that was the 1800
election (Jefferson and Burr tied in electoral
college voting). - Electors vote twice, once for President, once for
V.P. - Restricts House, in the event the election is
tossed to them, to vote for top three
vote-getters - Electors must vote for at least one
(Pres./V-Pres.) from a different State (why Dick
Cheney, a Texan, registered to vote in Wyoming!) - Requires that Vice-Presidential candidates meet
same requirements as Presidential candidates - Twelfth amendment requires the electoral college
conduct two separate votes. - The first is for President.
- The Second is for Vice President
1120th Amendment
- Lame Duck Amendment
- Moves inauguration to January 20th from original
March date - Congressional start date moved to January in same
amendment - Length of time for a sitting president who is not
re-elected is reduced - Goal prevent inactivity or hasty decisions on
way out of office
12Presidential Term Limits
- Washington began the tradition of serving only
two terms, but it was really unlimited until the
22nd Amendment, which gave two rules - No one can be elected as President more than
twice. - No one that serves more than two years of another
Presidents term can be elected more than once.
13Benefits of the Presidency
- 1. Salary 400,000 per year (beginning in
2001) - 2. Perks
- White House w/staff of 100
- Doctors and Health Care
- Expense Account of 50,000
- Air Force One and a fleet of jets and helicopters
- Camp David vacation spot in Maryland
- Pension, Retirement, and Secret Service for 10
years after they leave office
14Benefits of the Presidency
- White House
- 132 rooms, 35 bathrooms, 28 fireplaces, 8
staircases, 3 elevators and 6 levels in the
Residence - Entertainment
- Movie theater, bowling lanes, putting green
- Pension Plan
- 166,700 a year
- free mailing privileges for nonpolitical
correspondence, free office space, 96,000 a year
for office help, and, during the first thirty
months after their term of office has ended, up
to 150,000 for staff assistance. - Secret Service protection for 10 years for Pres
First Lady (children until they are 16)
15Air Force One
The White House
Camp David
Marine One
16Vice Presidential Roles
- President in Waiting
- Acting President of the Senate and can vote in
order to break a tie. - Power over presidential disability as stated in
the 25th Amendment. - Chairs Commissions, meets foreign dignitaries,
and advises the President. - All other responsibilities come from the
President.
17The Vice President
18Provisions of the Vice President
- Salary 230,700 per year
- Lives in House on Observatory Hill
- Located in the U.S. Naval Observatory in
Washington, D.C. - Home to the Vice President since 1974
1925th Amendment
- Procedures dealing with Presidential Disability
- Vice President becomes President if the President
resigns, is removed or dies. - If there is a vacancy in the Vice Presidency,
then the President appoints a new V.P. and both
houses of Congress must approve him. - The Vice President becomes acting President if
the President is unable to serve temporarily. - The President becomes acting President as soon as
he declares himself fit, unless the Vice
President, a majority of the Cabinet and 2/3 of
the Congress declare him still unfit. Then the
Vice President will remain the acting President
until it is determined that the President is fit.
20Presidential Succession Act
- Following World War II, a new Presidential
Succession Act of 1947 was passed - Placed the Speaker of the House and the president
pro tempore of the Senate behind the vice
president - The line of succession then extended to the
executive department heads in the order in which
their agencies were created.
21Presidential Succession
r
John Boehner, Speaker
Patrick Leahy, Pres Pro-Tempore
John Kerry, State
Jack Lew, Treasury
Chuck Hagel, Defense
Eric Holder, US Attorney General, Dept of Justice
22Did you know?One Cabinet member stays out of
State of the Union Address
- 2013 - Energy
- 2012 - Agriculture
- 2011 Interior
- 2010 HUD ( State)
- 2009 - Justice
- 2008 Energy
- 2007 Justice
- 2006 Veterans Affairs
- 2005 Commerce
- 2004 Commerce
- 2003 Justice Transportation
- 2002 Interior
- 2001 Veterans Affairs
- 2000 Energy
- 1999 HUD
- 1998 - Commerce
- 1997 Agriculture
- 1996 HHS
- 1995 Transportation
- 1994 Agriculture
- 1993 Interior
- 1992 Agriculture
- 1991 Interior
- 1990 Veterans Affairs
- 1989 None
- 1988 Interior
- 1987 Agriculture
- 1986 Agriculture
23Original Intent The Formal Powers
- Executive with limited power
- Enforce the laws of Congress
- Handle foreign policy
- Be chief executive and head of state
- Broadly defined constitutional powers for
flexibility (has resulted in expanded power) - Commander in Chief
- Grant pardons reprieves
- Report on State of the Union
24Informal Powers
- Morale builder
- Party leader
- Legislative leader
- Coalition builder
- Crisis manager
- Personnel recruiter
- World leader
- Budget setter
- Agenda/policy setter
- Conflict resolver
- Persuader and policy communicator
25Roles of the President
SSCG12 The student will analyze the various
roles played by the President of the United
States include Commander-in-Chief of the Armed
Forces, chief executive, chief agenda setter,
representative of the nation, chief of state,
foreign policy leader, and party leader.
26Chief Executive
- Enforce the law
- Head the bureaucracy
- Appoint federal officials
- Negotiate treaties
- Grant pardons, reprieves and amnesty
27Chief of State
- Representative of nation
- Symbol of America
- Host to distinguished delegates and visitors
28Chief of the Economy
- Guard the Economy
- Prevent depressions
- Balance budget
29Commander in Chief
- Civilian control of the military
- Assignment of troops with war declaration
- from Congress
- Sending troops without formal
- war declaration
- Gulf of Tonkin Resolution
- War Powers Act 1974
30Party Leader
- Shape party platform
- Campaign for party
- Mobilize public opinion
31Chief Legislator/Agenda Setter
- State of the Union Address
- Recommend legislation
- Present the budget
- Veto power
32Chief Diplomat
- Treaty making with Senate approval
- Establish diplomatic relations
- Executive agreements
33Presidential Powers
SSCG4 The student will demonstrate knowledge of
the organization and powers of the national
government.
34Executive Powers
- Commander in Chief
- Gulf of Tonkin Resolution while troops are in
conflict, the President can take any action to
protect the troops short of declaring war. - War Powers Act President cannot send troops
out unless - Congress declares War
- A law authorizes the action
- National Emergency but the President must follow
2 rules - Notify Congress within 48 hours
- Cannot keep troops abroad for more than 60 days
without Congressional Approval.
35Executive Powers
- Enforces Laws
- Executive Agreement agreements Presidents make
on behalf of the U.S. with foreign countries that
do not require Senate approval. - Treaty agreements Presidents make on behalf of
the U.S. with foreign countries that require
Senate approval.
36Executive Powers
- Power of Appointment appoints federal officials
along with judges and Supreme Court justices. - Power of Removal can remove federal officials
but not judges or justices. - Executive Privilege the right to withhold
information from Congress and the Courts
37Legislative Powers
- Recommend Legislation
- 3 formal messages
- State of the Union Address
- Economic Report
- Budget Message
- Approve Legislation signs bill into law
38Legislative Powers
- The Veto Power forbid legislation
- The Pocket Veto to sit on the bill for ten days
without signing it and it is a law. However, if
Congress adjourns within ten days then it cannot
be overridden. - To call Special Sessions of Congress
39Judicial Powers
- Appoint Judges and Justices to the Supreme Court
- Reprieves delay carrying out of punishments in
federal crimes - Pardons release from punishment in federal
crimes by absolute or conditional - Amnesty blanket pardon given to groups of
people - These do not work in cases of impeachment or in
state crimes
40Responsibilities of the President
41Economic Policy
- Chief Advisors
- Sec of Treasury
- Director of OMB
- Ex-officio Chair of FED
- Janet Yellen
- FED is key to interest rates and growth of
economy - FED is independent regulatory agency
- Members have staggered terms beyond the
presidents term - FED cant be fired for policy decisions
- Fight inflation
- Keep taxes low
- Promote economic growth
- Prevent recession
- Create jobs
42National Security
- In a national emergency
- planning, command, unity falls to National
Security Council - Diplomacy and the military are used as
instruments of foreign policy - Congress must appropriate and authorize funding
for treaties and war
43Party Leadership
- Informal head of party
- Rarely have control on state and local
politicians - Cant control party members in Congress b/c of
constituents
44Legislative Coalition Builder
- Send messages to Congress on policy and agenda
- Visit the Hill to twist arms
- Acts as politician
- Conflict manager,
- negotiator, bargainer,
- reconciler, coalition
- builder, persuader
45Relationship w/Congress
- Appointments which require Senate confirmation
- Federal judges, SC justices, Ambassadors, Dept.
Secretaries, US Attorney - Negotiate treaties
- Binding only w/agreements of 2/3 of Senate
- Exec Agreement b/t head of countries are as
binding as treaties
46Budgeting
- Way to control bureaucracy
- Increases/decreases based on policy
- Budget requests must go through OMB from all
departments and agencies before going to Congress - OMB writes the budget submitted to Congress
47Impoundment Recissions
- Impoundment
- Refusal of president to spend funds appropriated
by Congress. - Budget Reform Act of 1974 requires notification
of Congress - Congress has 45 days to delete item or pass
resolution demanding release - Recission
- Recommendation of president to cut part of
appropriations bills
48Prime Time President
- Press conferences
- Speeches from Oval Office
- Radio messages
- First 100 days is the honeymoon period
- The longer they stay in office, the less popular
they become...interest groups grow impatient,
unkept promises, blamed for problems left by
previous president
49President the Press
- Press sees itself as the protector of democracy
- Filtering Press interpretation of what is said
and what it means - Spin Doctors put twists on what was said and
done
- President can leak info to test reaction (trial
balloons) to new policy
50Presidential Style and Character
51Presidential Style and Characterby James David
Barber
- Active-long hours, new direction, strong
leadership, innovative policies - Passive-less time and energy, let Congress take
control - Positive-enjoy the power, like the challenge of
the office - Negative-sense of duty to serve, try to prove
themselves
52 Positive Negative
Active ADAPTIVE self-confident flexible creates opportunities for action enjoys the exercise of power, does not take himself too seriously optimistic emphasizes the "rational mastery" of his environment power used as a means to achieve beneficial results. Thomas Jefferson, F. D. Roosevelt, H. Truman, J. F. Kennedy, G. Ford, G. W. Bush(?) COMPULSIVE power as a means to self-realization expends great energy on tasks but derives little joy preoccupied with whether he is failing or succeeding low self-esteem inclined to rigidity and pessimism highly driven problem managing aggression. John Adams, W. Wilson, H. Hoover, A. Lincoln, L. B. Johnson, R. Nixon
Passive COMPLIANT seek to be loved easily manipulated low self-esteem is overcome by ingratiating personality reacts rather than initiates superficially optimistic. James Madison, W. H. Taft, W. Harding, R. Reagan,Bill Clinton WITHDRAWN responds to a sense of duty avoid power low self-esteem compensated by service to others responds rather than initiates avoids conflict and uncertainty. emphasizes principles and procedures and an aversion to politicking. George Washington, C. Coolidge, D. Eisenhower
53Management Style
- Circular
- Everyone with equal access to the president
- Pyramid
- Hierarchy with information to president coming
from bottom up
54An Imperial Presidency?
- ARGUMENT
- Individual actions taken by past presidents have
enlarged the power of the presidency by expanding
responsibility and political resources.
- Proof?
- Emergency Powers
- Growing staff
- Growing bureaucracy
- Increase in media coverage
- Executive Agreements
- Impoundment Power
- Pocket Veto
- Executive Privilege
55Presidential Impeachment
- SSCG14 The student will explain the impeachment
process and its usage for elected officials. - Explain the impeachment process as defined in the
U.S. Constitution. - Describe the impeachment proceedings of Andrew
Johnson and Bill Clinton.
56Why Impeach?
- High Crimes and Misdemeanors
- Malfeasance (an illegal act)
- Misfeasance (an illegal act which could have
otherwise been done legally) - Standards acts against state or constitution
- The definition of an impeachable offense is left
to the House
57Impeachment
- Presidents can be removed for "high crimes and
misdemeanors" - House Judiciary Committee investigates to
determine if there has been an offense (A
majority vote is needed in committee to send
charges to House) - Simple majority in full house impeaches the
official - Senate holds trial to determine whether or not to
remove official from office - Chief Justice of Supreme Court presides and a 2/3
vote of the Senate is needed
58- Andrew Johnson May 1868
- Violating Tenure of Office Act (putting in new
Secretary of War) - Saved by a single vote in the Senate, remained in
office - Bill Clinton December 1998
- Perjury - Votes 55 to 45
- Obstruction of Justice 50-50
- Acquitted and remained in office
59Presidential Appointments
60Presidential Appointments Why choose?
- Reward for political help
- Claims of inclusiveness
- Fence mending
- Ideology or philosophy
- Comfort level
- Ability and notoriety
- gets legitimacy for your policy
- Coalition building w/interest groups
- Administration of presidential policy goals
61Supreme Court Appointments
- Appointments have become increasingly bitter
fights over judicial temperament and philosophy - Major issues include
- Abortion/choice/privacy
- Affirmative action
- Separation of church and state
- States rights
- Judicial activism/restraint
62Appointments to the court are..
- Reward for political help
- Statements of policy priorities
- Promotion of philosophy and ideology
- Relation builders with Congress
- Legacy creators
63The current court
- Conservatives
- Roberts, Kennedy, Thomas, Scalia, Alito
- Liberals -Breyer, Ginsburg, Sotomayor, Kagan
64Presidential Trivia
65Presidential Firsts
- Father and Son
- John Adams and John Quincy Adams
- George H.W. Bush and George W. Bush
66Presidential Firsts
- Youngest
- Elected John F. Kennedy (43)
- Served Theodore Roosevelt (42)
- Oldest
- Ronald Reagan (age 69 73)
67Presidential Firsts
- Shortest/Longest Terms
- William H. Harrison
- (1840 1 month)
- Franklin Roosevelt
- (1933-1944 4 terms)
68Presidential Firsts
- Assassinated in Office
- Abraham Lincoln 1865
- James Garfield 1882
- William McKinley 1901
- John F. Kennedy 1963
69The American President
I do solemnly swear, that I will faithfully
execute the office of President of the United
States, and will, to the best of my ability,
preserve, protect, and defend the Constitution of
the United States
70Inside the Executive Branch
- SSCG15 The student will explain the functions of
the departments and agencies of the federal
bureaucracy. - Compare and contrast the organization and
responsibilities of independent regulatory
agencies, government corporations, and executive
agencies. - Explain the functions of the Cabinet.
71What is the Administration?
- The Administration is the White House staff,
Executive Departments, and Independent Agencies
that assist the President in carrying out his
duties of enforcing the law.
72What is the Administration?
- Handles the day-to-day activities of the
President through the White House Office - The Chief of Staff heads this office
- The office coordinates the Presidents schedule,
writes his speeches, and conducts the business of
the President, etc. - Includes the White House Counsel, Political
Affairs Office, Presidential Advance team
Denis McDonough, Chief of Staff for Obama
73What is the Administration?
- The Executive Office of the President
- Provides the President with expert analysts
- The National Security Council provides military
advice - The Council of Economic Advisors provides
economic advice - Office of Management and Budget provides
budgetary advice and writes the Presidents
budget for the whole government
74What is the Administration?
- The Executive Office of the President
- Other offices include
- Council on Environmental Quality
- Domestic Policy Council
- National Economic Council
- Office of Administration
- Office of Faith-Based and Community Initiatives
- Office of Homeland Security
- Office of National AIDS Policy
- Office of National Drug Control Policy
- Office of Science Technology Policy
- Office of the United States Trade Representative
- President's Critical Infrastructure Protection
Board - President's Foreign Intelligence Advisory Board
- USA Freedom Corps
- White House Military Office
75What is the Administration?
- The Executive Office of the President
- All in all, the EOP employs over 2,000 staffers
that work for the President alone. - Some of the senior level advisors have offices in
the West Wing. - Most, however, are housed in the Old Executive
Office Building, next to the White House.
76Executive Departments Agencies
- The Executive Departments implement the policies
of the President and enforce the laws - There are a total of 15 Executive Departments
- The heads of the Departments are called
Secretaries, except for the Justice Department
which is headed by the Attorney General - The heads are known as the Presidents Cabinet
- The Bureaucracy is made up of non-elected
officials that work for the government in these
departments
77Department of Homeland Security
78President Obamas Cabinet (July 2012)
79Regulatory Agencies
- Regulates a sector of the economy or government
- Regulations protect the public
- EXAMPLES
- FRB (Federal Reserve Board - banks)
- FCC (Federal Communications Commission -
broadcast media) - OSHA (Occupational Safety Health
Administrations - workplace) - FDA (Food Drug Administration - food producers
pharmaceuticals)
80Government Corporations
- Provide goods or services that could be offered
by a private company - Typically provide the services at a cheaper rate
than a private corporation could - EXAMPLES
- Tennessee Valley Authority (power/electricity)
- Postal Service (mail services)
- Amtrak (railroad transportation)
81Bureaucracy
82Bureaucracy
- Large, complex organization of appointed, not
elected, officials - The bureaucracy was set up to accomplish policy
goals - People are hired because of skills that they have
to implement policy goals.
83Max Weber
- Defined the prototype bureaucracy
- Characteristics
- Hierarchical authority structure bottom up
leadership - Task specialization experts in field
- Rules similar procedures for similar situations
- Merit principles entrance and promotion based
on ability - Impersonality treat clients impartially
84Bureaucracy The Big Joke
- RED TAPE
- Parkinsons Law work and personnel will expand
to consume available resources - Peter Principle personnel are promoted to their
highest level of incompetence
85Did you know?
- The bureaucracy began in 1789 with the creation
of the Dept. of State - Most federal employees work for only a few
agencies - About 55 work for the Department of Defense and
Postal Service - Only about 10 work in D.C.
- 2.8 million civilian employees
86Characteristics of American Federal Bureaucracy
- Divided Supervision
- Congress creates, organizes and disbands all
agencies - Political authority is shared between Congress
executive branch - Public Scrutiny
- About ½ cases in federal court involve govt
- Regulation (not public ownership)
- Govt regulates privately owned businesses
instead of owning the businesses as a govt
87Civil Service
- Originally a patronage (spoils) system
- Changed as a result of the actions of a
disappointed office seeker who shot and killed
Garfield in 1881 because he wouldnt give him a
job
88Civil Service
- Pendleton Act in 1883 promotes hiring based on
merit and nonpartisan government service - Now use entrance exams for job placement and
promotions
89Civil Service
- Hatch Act of 1939 prevents workers from active
participation in partisan politics - Cant run for office, be involved in campaigns,
make political speeches, disseminate political
info - Can vote, make campaign contributions, join
parties, participate in non-partisan campaigns
90Civil Service
- Hatch Act amended in 1993
- Civil servants can engage in political activities
as long as - they are off duty
- do not run for office
- dont work in sensitive government areas
91(No Transcript)
92Appointments
- Appointments are often characterized by
transience few more than 2 years - When a new administration takes office, Congress
publishes the plum book which lists the top
federal jobs available for appointment. About
400 top positions. - President then searches based on talent,
political skills, policy expertise, demographic
balance and campaign support.
93Four Types of Bureaucratic Agencies
- Cabinet
- Regulatory Agencies
- Government Corporations
- Independent Agencies
94Cabinet
- 15 departments
- Secretary is the head of department
- Chosen by president and approved by Senate
- Each has their own policy areas and budgets
- Can be fired at presidents will
- Secretary, Undersecretary, bureaus, agency
commissions
95Regulatory Agencies
- Regulates a sector of the economy to protect the
public interest - QUASI LEGISLATIVE because it makes rules
- QUASI JUDICIAL because it settles claims
- FRB, FCC, FTC, OSHA, FDA, SEC
96Regulatory Agencies
- Governed by a small commission
- members are appointed by the president
- confirmed by the Senate
- staggered terms
- fixed terms that extend past Presidents term
- neither party may have a majority on a board or
commission
97Government Corporations
- Provide services for a fee that could be handled
by the private sector and generally charge
cheaper rates - TVA, Postal Service, Amtrak, Public Broadcasting
Corporation
98Independent Agencies
- Exist outside the structure of the Cabinet
departments and perform services for the
government and the public that are often too
costly for the private sector - Appointed by President and serve at his will
- NASA, NSF (National Science Foundation), GSA
(General Services Administration), FEC (Federal
Election Commission), Civil Rights Commission
99Functions of the Bureaucracy
100What role do bureaucrats play?
- Communicate with each other
- Maintain paper for accountability
- Interpret the law
- Implement the objectives of the organization
101Bureaucracy as Implementors
- Implementation is the policymaking stage between
the establishment of a policy and the
consequences of the policy.
102Implementation
- Includes three elements
- Creation of a new agency or assignment of
responsibility to an old one - Translation of policy into operational rules
- Coordination of resources and personnel to
achieve the intended goals
103Regulation through bureaucracy
- Regulation is the use of governmental authority
to control or change some practice in the private
sector. - Agencies must apply and enforce rules and
guidelines - Can be done either in court or by administrative
procedures which use either inspectors,
complaints, or licensing to monitor behavior.
104Regulation
- All regulation contains
- A grant of power from Congress
- A set of rules and guidelines
- Some means of enforcing compliance
105Executive Control on the Bureaucracy
- President tries to control by
- Appointing the right people to head
- Tinkering with agency budget
- Issuing executive orders
- Reorganizing an agency w/Congress
106Congressional Control over the Bureaucracy
- Congress tries to control by
- Influencing the appointment of dept head (Senate
confirmation) - Tinkering with budget
- Holding oversight hearings
- Rewriting more detailed legislation
- Establishing new agencies or departments