Lecture 7: Purpose of a Unitary Executive

What does Federalist 70 say about a single executive?

• Stronger against foreign attacks and domestic insurrections

• Consistency: protects against factionalism in multiple executive

• Easier to hold accountable

• Weak or divided executive couldn’t protect private property

Core Tension

Stability and national governance VS instability (undoing previous administrations) & partisan interests

2 Presidential Roles

• Presidents mobilize electorate & manage the state

• Originally designed as management without mobilization

1970s Shift

• Party reforms gutted the convention system of nomination

• Primary system gave way to candidate-centered campaigns and movement-based mobilizations

• Cooperative management weakened, presidents independent of political action

Presidential Terms

4 year term, only 2 terms max (as of 22nd amendment in 1951)

Requirements to be President

• Must be a US citizen, resident for at least 14 years before office, at least 35 years old

• President indirectly elected by people via the electoral college

President’s Cabinet

Made of leaders of executive agencies that have to be approved by senate (except the VP)

Executive Office of the President

Includes White House staff and important support agencies (thousands of people) that directly support the president

Vice President in Elections

• Chosen by presidential candidate to balance the ticket

• Originally president was winner, and 2nd place became VP until 12th amendment (1804)

Vice President Roles

• Not much formal power, but can be influential behind the scenes

• President of Senate, gets tie breaking vote

• Presides over electoral college vote counting

• VP becomes president if President dies or is removed from office

Veto

Bill sent back to Congress with reason why it's being vetoed, Congress can override with ⅔ majority in both chambers

Pocket Veto

Involves stalling until it's too late to sign bill before Congress closes for break, which would kill the bill

Executive Orders

• Don't need approval

• Can be overturned with congressional legislation that invalidates it

• Easy to overturn by next President

• Courts can overturn it if it's beyond scope of presidential power

Executive branch appointments

Senate must approve each appointment with simple majority

President can nominate

Federal judges, cabinet members, agency heads, foreign ambassadors

Power of persuasion

Can go to public or members of Congress to garner support for their agenda

Power to pardon

• Only federal crimes

• Cannot pardon someone in executive or judicial branches who has been impeached by Congress

National Emergencies Act of 1976

• Expanded president's powers during emergency

• Includes 136 emergency powers available to the president such as shutting down communications or enacting a federal police state

• Supposed to last only 1 year at most, but they are often renewed

Treaty powers

• Can negotiate and sign formal agreements with other countries

• Needs to be ratified by ⅔ Senate

Executive agreements

• Same force as treaties

• Do not need Senate approval but can be revoked by subsequent president

Diplomatic recognition power

Receive ambassadors and other public ministers

Unitary Executive Theory

• Article II of the Constitution: The executive Power shall be vested in a President of the United States of America

• Rejects merit-based bureaucracy (progressivism)

• No constraints, relies solely on Constitution for legitimacy