Executive Branch

Vesting Clause

Grants the president power over the executive branch. This is how we get our cabinet, agencies, and executive orders.

Part of Article II of the constitution that gives the power over the executive branch to the President

Interpretation affects how people define what the President can do

Presidential Requirements

President must be at least 35 years or older

Must be a natural born citizen (cannot go through naturalization process, cannot be immigrant)

Must have lived in the US for 14 years

Electoral College

How we elect the president, allocating (distributing) electoral votes to states based on the number of representatives a state has plus their two senators (DC only has 3 votes)

Must maintain a “republican form of government” under article IV - most states do a popular vote (except Maine and Nebraska) - A majority of 270 electoral votes is required to elect the President

Method the United States uses to elect the president

Highly debated and decides who the president is, influences other government decisions and appointments of government positions

Controversy due to not entirely reflecting the popular vote

Electoral College in Practice

Parties develop a list of their electors for each state

The party with the popular vote sends its list of electors to the electoral college for those states (except Nebraska and Maine)

Electors meet in their states and vote for President and Vice President

Constitution and the electoral college

States choose method that electors are chosen

Does not guarantee a popular vote or a way for the people to choose the president, it is up to state legislature 

If electoral college is tied (269 vs 269), it goes to the house, each state gets one vote in the house

Federalist papers and the electoral college

Intent to ensure federalism

Intent to balances state and popular value

Intent to avoid hyper partisanship of one candidate vs the other

Declaring war vs Waging war

Congress has the power to declare war, the president has the power to manage and wage war as commander in chief. This distinction has led to conflicting interests and actions between the executive and legislative branches.

Under War Powers Act (1973) the president may use troops without congressional approval against foreign entities provided he notifies congress within 48 hours and that the use of troops halts within 60 days - due to no declaration of war from congress or no authorization to continue action. President cannot declare war or go into war without congress besides that act

State of the Union

Most often used today for political posturing- Trump in 2018 bragged about the economy, Obama bragged about the affordable care act in 2012. Constitutionally, the president is to address congress. From presidents Jefferson to Wilson the state of the union was given by letter, not even visiting congress. Now, president must visit congress

Everyone is present in the room except for one person, president designates one cabinet member as the “designated survivor”, who is offsite during the state of the union in case of mass terror occurs on the line of succession

Take Care Clause

Laws must be faithfully executed. The President cannot ignore laws. There is debate over laws that the president believes are unconstitutional. Congress makes laws, the president enforces laws.

Impeachment Process

Political process, not just judicial one. Presidents can be impeached for treason, bribery, or “high crimes or misdemeanors”. The house votes for majority rule to impeach, then it goes to the senate who holds a trial administered by the chief justice. It takes ⅔ of the senate to remove a president from office

Executive Agency

Agencies in the executive branch that fall under the departments that are run by the cabinet members. Report to members of the cabinet, but are smaller groups

Small Business Administration, Federal Bureau of Investigation, Central Intelligence Agency,

Parts of executive branch that do the execution/enforcement, told what to do by the president- executive part of the executive branch- can have influence on policy

Executive Order

Legally binding mandate given by the President over his agencies

Main ways the president exercises his executive power. Controversy over how far the orders can extend away from congress; arguments over how constitutional some may be

Executive Proclamation

Statement issued by the President (typically an honor or recognition of something)

Whether they fly flags at half staff, makes holidays/national observances, memorials/remembrances, etc. Lincoln made Thanksgiving through executive proclamation

Cabinet

Members are appointed by the president and confirmed by the senate- president can fire them without permission of the senate

Jefferson (sec. of state) and Hamilton (sec. of treasury) showed partisan divide in Washington’s cabinet, Jefferson resigned after Washington took Hamiltons side on the bank and on who to appoint for other executive officials

The presidential advisors that manage key executive departments. There are 15

Apart of the line of succession, how the president enforces specific agencies (a direct line to each agency for orders), helps influence, give advice, and inform the president on certain topics and departments

“Kitchen Cabinet”

Came into existence under president Andrew Jackson- advisors that aren’t cabinet officials.

Czar/tsar: informal advisors or unofficial cabinet members

Controversial in terms of constitutionality and how much authority they have- not appointed/approved by the senate

Line of Succession

President —> Vice President —> Speaker of the House —> President Pro Tempore of the Senate —> Secretary of State

President

Joe Biden

Vice President

Kamala Harris

Speaker of the House

Mike Johnson

President Pro Tempore of the Senate

Patty Murray

Secretary of the State

Antony J Blinken

Secretary of the Treasury

Janet L Yellen

Secretary of Defense

Lloyd J Austin III

Attorney General

Merrick B Garland

Secretary of the Interior

Deb Haaland

Secretary of Agriculture

Thomas J Vilsack

Secretary of Commerce

Gina Raimondo

Secretary of Labor

Julie Su

Secretary of Health and Human Services

Xavier Becerra

Secretary of Housing and Urban Development

Adrianne Todman

Secretary of Transportation

Pete Buttigieg

Secretary of Energy

Jennifer M Granholm

Secretary of Education

Miguel A Cardona

Secretary of Veterans Affairs

Denis McDonough

Secretary of Homeland Security

Alejandro Mayorkas