STRUCTURE OF GOV’T- THE EXECUTIVE BRANCH

Article II

• “Faithfully execute the laws of the United States.”

• Created the office of the President & Vice President

Requirements for Pres

1. Must be at least 35 years of age 

2. Must be a natural-born citizen 

3. Must have lived in the U.S. for 14 years

Powers: Formal

1. Commander in Chief (Leader of the military)

   1. Importance: civilian leader of the military 

   2. Prevents military dictatorship in history 

   3. This does NOT mean the president declares war 

2. Pardons and Reprieves 

   1. Pardon- official forgiveness of crimes committed

   2. Reprieves- cutting short a sentence/postponing it 

   3. Pardons and Reprieves are final, so Congress can’t do anything about it

3. Veto Power 

   1. The power of veto demonstrates the power of the office, or lack thereof (if overridden) 

   2. Total votes- 2550

   3. Total overrides-106 

   4. Line item veto- the power of an executive to cancel specific parts of a bill, most often spending provisions, without vetoing the entire bill

4. Treaty Making 

   1. Allows the president to be a major player within the foreign policy arena 

   2. Power is shared with the Senate, which must ratify the treaty by ⅔ majority

5. Appointments 

   1. Important in creating and executing policy 

   2. Simple majority vote needed (Senate)

   3. The President appoints:

      1. Ambassadors 

      2. Cabinet (15 secretaries) 

      3. Directors of federal agencies 

      4. Federal judges 

      5. U.S. Marshals and Attorneys 

   4. Recess appointments- is a temporary appointments made by the President to fill a vacancy while the Senate is in recess, which bypasses the need for Senate confirmation.

      1. Only lasts 2 years 

6. State of the Union 

   1. Allows the president to announce policy goals and the direction of the country 

   2. Does not have to be done in person 

7. Calling Sessions of Congress

   1. The President may call special sessions of Congress for important matters. 

Commander in Chief (Leader of the military)

1. Importance: civilian leader of the military 

2. Prevents military dictatorship in history 

3. This does NOT mean the president declares war 

Pardons and Reprieves 

• They are final, so Congress can’t do anything about it

Powers: Informal

1. Executive orders 

   1. Like a law but not a law 

   2. It is a rule or command that the president gives to federal agencies or officials in the executive branch to help carry out laws or manage government operations. 

   3. Presidents use executive orders to:

      1. Enforce existing laws or court decisions 

      2. Direct federal agencies on how to carry out policies 

      3. Manage government programs and national emergencies 

2. Executive agreements 

   1. Like a treaty but not a treaty 

   2. Is a legally binding international agreement made by the president based on their constitutional authority, or a previously granted congressional authority 

3. Executive privilege 

   1. Keeping information secret from the two branches

      1. Ex: Watergate 

   2. Cannot keep the crimes 

4. Bully Pulpit 

   1. Using the media or social media to your advantage 

Executive Order

• Like a law but not a law 

• It is a rule or command that the president gives to federal agencies or officials in the executive branch to help carry out laws or manage government operations

• Presidents use executive orders to:

  • Enforce existing laws or court decisions 

  • Direct federal agencies on how to carry out policies 

  • Manage government programs and national emergencies 

Executive Agreement

• like a treaty but not a treaty 

• Is a legally binding international agreement made by the president based on their constitutional authority, or a previously granted congressional authority 

Executive Privilege

 

• Keeping information secret from the two branches

  • Ex: Watergate

• Cannot keep the crimes 

Bully Pulpit

• Using the media or social media to your advantage 

Pardon

• official forgiveness of crimes committed

Reprieve

• cutting short a sentence/postponing it

Veto

• an authoritative prohibition, most commonly the power of a president or other chief executive to reject a bill passed by a legislature, preventing it from becoming law

Line Item Veto

• the power of an executive to cancel specific parts of a bill, most often spending provisions, without vetoing the entire bill

Recess Appointment

• a temporary appointment by the President to a federal office that requires Senate confirmation, made while the Senate is in recess.

Amendment 12

• The Electoral College shall have separate votes for President and Vice President.

Amendment 20

• Inauguration Day: Jan. 20, if President elect dies before taking office, Vice President elect shall become new president

Amendment 22

• Known as the FDR amendment, no president shall serve more then 2 terms or 10 years in office

Amendment 25

• Known as the JFK amendment, 

  • When a vacancy opens in the Vice President's office, the President may appoint a new one with/ consent of both houses. 

  • The President may temporarily give up the position by written letter to SOTH & the President. Pro Temp (must write a new letter to resume power)

  • Vice President and a majority of the cabinet can write a letter to remove the President, or 2/3 of Congress can declare the President unable to rule.

Primaries

• more like a general election

• voters go to polls and cast votes for candidates for party’s presidential nominee

• can be open or closed

• most states use this method

Caucuses

• a closed meeting of local party members in each state

• debate issues, consider candidates, and discuss platform

• delegates select party’s choice for presidential candidate

• used by only 6 states

• delegates are selected at neighborhood precinct level, then sent to county level, then state, then national convention

Open Primaries

• allows all registered voters to pick a candidate from any political party.

Closed Primaries

• voters may only vote for candidates in their party

Swing States

• a US state where the two major political parties have similar levels of support among voters, viewed as important in determining the overall result of a presidential election.

Electoral College: How Works

• is the process used to elect the U.S. President and Vice President, based on votes cast by state-appointed electors rather than a direct national popular vote. A candidate needs at least 270 electoral votes out of a total of 538 to win the presidency. 

The Bureaucracy

• a system of administration with a hierarchy of rules and procedures, designed to manage large organizations like government agencies and corporations

Cabinet Departments

• 15 total department of various size, status, visibility, and function

• ROLE:
  1. PRESIDENTIAL ADVISERS; acts as experts in policy areas
  2. carries out broad tasks
  3. provides necessary services

Regulatory Agencies

• ROLE: created to regulate important aspects of our economy and society

Have all 3 powers of GOVT-legislative, executive, and judicial functions (are exceptions to the ideal of sep. of power)

• EPA: Environmental Protection Agency
  -regulates our environment for clean water, air, noise, waste, and other emissions

• SEC: Security & Exchange Commission
  -regulates the buying /selling of all stocks, bonds and other securities

• FCC: Federal Communications Commission
  -regulates all forms of communications from TV, radio, telegraph, internet

• FTC: Federal Trade Commission

• FEC: Federal Election Commission
  Regulates all federal elections and organizations connected to federal elections.

• OSHA

Nuclear Regulatory Commission

Independent Executive Agencies

• Too small to be Cabinet Dept, too big to be inside a Cabinet Dept.

• In general, the independent agencies are tasked with administering laws and federal regulations that apply to specific areas such as the environment, social security, homeland security, education, and veteran affairs; Narrower areas of responsibility

  • NASA (responsible for the civilian space program, as well as aeronautics and aerospace research.)

  • CIA (civilian foreign intelligence service of the federal government of the United States, tasked with gathering, processing, and analyzing national security information from around the world, primarily through the use of human intelligence )

  • Peace Corp (to provide social and economic development abroad through technical assistance, while promoting mutual understanding between Americans and populations served.)

  • Social Security Admin.

    • Agency heads are appointed  by President; not in cabinet

Government Corporations

• Role: Businesses run by the government to

• 1) provide important services or

• 2) keep them cheap and inexpensive

  • The Post Office- 800,000 employees; receives some funding from government

  • FDIC- Federal Deposit Insurance Company

  • AMTRAK- Passenger railway service

Winner Takes All

• a type of voting system where representation in a governing body or electoral district is only awarded to the candidate or party that receives the most votes.