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Executive Branch: The President
Carries out laws, and Article II states the executive power shall be vested in the POTUS.
Executive Orders
A directive directly handed down by the President that has the same power as a federal law
used to direct / manage how federal gov operates, only given to federal or state agencies (not citizens) - they’re still impacted.
domestic (only U.S. federal government)
doesn’t require congressional approval
Executive Agreement
International agreement between the President and a foreign government that doesn’t require Senate approval
based on President's constitutional powers or delegated by Congress
Chief Executive / Administrator
head of the federal government workers in 15 executive departments/bureaucracies,
helps the President carry out, enforce, or execute the law/regulation,
President chooses cabinet members to advise/assist him (Senate has to approve),
chooses their aides, advisors, and white house staff (no confirmation).
Chief of State
public representative for and symbol of the U.S, represents America at special occasions/ceremonies, (christmas tree lighting, medal of honor & freedom, kennedy center awards).
Chief of Citizen
address what Americans care about,
educates citizens on important issues,
leading by example,
focusing on issues that directly affect American citizens (visit natural disaster areas).
Commander in Chief
commander of all U.S. armed forces,
POTUS decides where/when armed forces are used, tactics, weapons, nukes,
secretary of defense: civilian leader chosen by and serves under President (senate confirms),
chairman of the joint chiefs is the top military (commander below President).
Chief Legislator
congress has power to create laws (with President signature),
President can propose bills (must sign them into law),
often meets with/calls members of Congress to lobby for their agenda,
presents agenda to Congress in the annual state of the union address (in constitution).
Chief Diplomat
President directs american foreign policy through state dept, secretary of state, ambassadors, and career diplomats,
conducts foreign policy by directing actions of American ambassadors (works with secretary of state)
negotiates treaties and executive agreements with leaders of nations
must be approved by senate, executive agreements (can be cancelled by upcoming President)
Chief of Party
President helps members of their party get elected (coattails)
makes campaign speech’s needed for re-election (Trump Rallies)
head of fundraising for their party
sets parties agenda/priorities
Chief Guardian of Economy
Guides/influences:
unemployment, inflation, taxation/spending (along with Congress)
business regulation (as Chief Executive of Fed. Bureaucracy)
President doesn’t control economy, gets credit if things go well & blamed when things go badly
Pres. has some control over monetary policy (interest rates & amount of $ banks must have on hand)
nominates members of the Federal Reserve System (FED)
Formal vs. Informal Powers of the Presidency
Formal powers: powers that are directly stated in the constitution
Informal powers: powers that are implied, not directly states, but Americans expect the President to be able to do
Vetoes
President returns a bill to Congress with objections
can be overridden by a two-thirds vote in both House and Senate
doesn’t become law unless overridden by Congress
Pocket Vetoes
An indirect rejection occurs when a president takes no action on a bill
Congress adjourns within 10 days for the president to act
prevents the bill from becoming law without a formal message (cannot be overridden by Congress)
doesn’t become law
legislature must reintroduce and pass the bill again
Bargaining and Persuasion
informal power allowing the President to secure congressional action
Signing Statements
informal power, informing Congress and the public of the President's interpretation of laws passed by Congress and signed by the President
Executive Privilege
informal power the President may retain certain information confidential from Legislative or Executive (highly controversial)
Reprieve
formal power allowing a reduction [commute] of a federal sentence imposed (doesn’t affect legal guilt of someone: federal law)
Pardon
formal power allowing release from punishment or legal consequences of a crime, by the President for a federal crime
The President in Foreign Affairs
power of recognition: formal power allowing President to recognize another country
establish diplomatic relations
Federalist #70
Alexander Hamilton argues having one strong, energetic President is necessary for an effective and reliable government.
one executive can decide quickly + consistent decisions, especially during emergencies or when enforcing laws.
one President is easier for citizens to know who is responsible, preventing corruption, confusion, and blame shifting.
Anti-Federalists argued several executives so no one person could become too powerful (the more executives the less effective the government is, & more corrupt the government would be).
Removing the President
Impeachment (by the House): simple majority + removal (by Senate, a trial needing 2/3rds vote to remove)
25th Amendment
Checks on Executive Branch
22nd Amendment
25th Amendment (2, four year term limits)
Impeachment
Emolument Clauses
a salary, fee or profit from employment/office
can’t accept a gift from any foreign powers
Congress can’t increase or decrease President salary
Trump vs. the U.S. (2024)
established that the President can’t be charged with any crime regardless of whether it’s illegal: absolute immunity
Presidential Communication
have always used communications to achieve their agendas
“Bully Pulpit” = informal power of Presidents communication efforts (communicate directly to the nation)
TV Broadcasts
state of the union (once a year)
white house speeches (special)
white house press briefings (daily)
special events (President as Chief of State/Citizen)
Internet and Social Media
used to push agenda and get $, volunteers, and votes
Lame Duck President
an elected official in the final period (8th year) of their term
after the next descendant has already been chosen
the President’s political power/influence is reduced due to their upcoming departure from office
Congress is less motivated to cooperate or pass the President’s legislative agenda
Imperial Presidency
U.S. Presidency that expanded power beyond constitutional limits
Often using ineffective checks and balances from Congress and the Judiciary
President uses a significant amount of power on their own during foreign policies and national security situations during real or perceived crises