AP GOV: Executive Branch

article II

outlines the executive branch

formal qualifications of the president

• 35 years old

• 14 year residency

• natural born citizen

• 4 year term

compensation and oath of office

• president’s salary is determined by congress

  • if congress raises or lowers the salary it won’t take effect until the next presidential election

• president can swear or affirm into office

removal from office

• treason, bribery, or high crimes/misdemeanors

• charge is brought up by the house and trial is conducted by the senate

• 2/3 vote from senate for conviction

• consequences: removal from office

• article II outlines impeachment

office of vice president

• president of the senate

• break tie in votes in the senate

• count electoral college votes

• further defined in 25th amendment after Truman takes over for FDR after his death

take care clause

the president shall take care that the laws be faithfully executed

vesting clause

the executive power vests in the president of the united states

chief executive

• formal powers

  • executing the fulfillment of laws

  • appointing powers

    • cabinet, diplomats, ambassadors, heads of agencies

    • recess appointments occur when congress not in session—not common bc unpopular

• informal powers

  • executive orders

    • used to enforce laws/constitution

    • president creates executive orders when congress refuses to negotiate with the president’s legislative agenda

    • judicial branch can use judicial review to check the presidents actions

    • congress also checks the presidents actions

  • removal powers

    • president has the power to remove anyone he nominates

    • excludes federal judges and heads of regulatory commissions.

chief of state/head of state

• the president is a living symbol of the nation

• represents all american citizens

• bully pulpit—the president can address the nation at any given time

• crisis manager— the president is responsible for responding to international and domestic crises

chief legislator/ chief agenda setter

• main purpose is to have a legislative agenda put into place

• formal powers

  • state of the union address— the president is invited by the speaker of the house to address their legislative agenda and what they plan on doing that year

    • used to convince both houses of his goals

  • adjourn congress

  • convene congress

  • veto powers

• informal powers

  • statement signings— statements of the president that include his interpretation of how the law should be executed

  • power of persuasion

    • its the presidents job to persuade everyone of his policy goals and party politics

chief diplomat

• foreign policy agenda

• formal powers

  • treaty power—the president has the ability to create a treaty with another foreign nation with 2/3 senate approval—advice and consent

  • recognition power—the president will receive ambassadors from other nations and the president determines whether or not to recognize that foreign nation—diplomatic recognition

• informal powers

  • executive agreement—similar to treaties where president has an agreement with another leader but without senate approval, it holds the force of law

    • trading agreements

commander in chief

• the president has power of the military and armed forces

• the president can not declare war but his powers do increase when a war is happening

• formal powers

• war powers resolution act of 1973

  • the president must inform congress within 48 hours of calling military to action

  • if congress does not approve within 60 days then military must withdraw

  • additional 30 days for troops to withdraw

chief of party

• informal party

• the idea that the president is in charge of their political party and determine that party’s policy and help get other party members get elected

pardon

an order from president that grants person charged with a federal offense release from punishment and total forgiveness (not impeachment)

amnesty

allows for a president to grant full pardon to a group of individuals with the same crime—like the war draft with jimmy carter

commutation

the president reducing the punishment of an individual without removing the guilty verdict of the courts

reprieve

delay a punishment with removing the guilty verdict

12th amendment

separate ballots for prez and vp

20th ammendment

move inauguration date from march to January to avoid lame duck period

22nd ammendment

president can serve two terms or ten years

25th amendment

establishes the presidential line of succession and the president’s disability clause