Executive Branch

The Executive Branch in order:

President, Vice president, cabinet, executive office of the president, executive departments

What does “Glorious Burden” mean?

Presidency is a great job, but it is stressful and has a lot of critiques.

Qualifications for presidency

-Native born citizen

-At least 35 years old

-U.S. resident for 14 years

President’s term of office

-elected to a 4-year term

-no term limits in the constitution

-22nd amendment sets a 2 term limit

Salary and benefits for the president

-$400,000 a year plus $50,000 allowance 

-Use of Air Force One and a fleet of cars and helicopters

-White House and Camp David

The President receives help from the: 

• Cabinet Members 

  • Vice President 

• Heads of Independent and Executive Agencies.

  • Unlike the powers of the President, their responsibilities are not defined in the Constitution.

Vice President qualification

Must meet same Constitutional requirements as President

Vice President duties and responsibilities

-Takes over if the President dies or is removed from Office

-presides over the senate

Salary and benefits

$235,000 annual salary plus $10,000 allowance

Presidential succession…

1. Vice President

2. Speaker of the House

3. President Pro Tempore of the Senate

4. Secretary of State

5. Secretary of the Treasury

Powerful Jobs not listed in Constitution

-Chief of staff

-Whitehouse Press Secretary

Chief of staff

“President’s Gatekeeper” - manages schedule and who can see the President

Whitehouse Press Secretary

-senior White House official

-primary responsibility is to act as spokesperson for the executive branch of the federal government

-Does NOT need Congressional approval.

7 Major Roles of the President

1.) Chief Executive

2.) Chief Diplomat

3.) Commander in Chief

4.) Legislative Leader

5.) Judicial Leader

6.) Chief of State

7.) Political Party Leader

1.) Chief executive

• Carries out the nation’s laws

• Issues Executive Orders (a command that the President issues that has the force of law; usually during time of crisis)

• Appoints cabinet members, ambassadors, judges, heads of govt. agencies (*approval by the Senate)

2.) Chief Diplomat

• Responsible for making treaties with other countries with Senate ratification - Agreed Law!

• Meets with foreign leaders

• Can make Executive Agreements with leaders of other countries, not law without Senate approval

  • Has some force, but is not law and does not require Senate approval

• Responsible for appointing ambassadors with Senate approval

  • An official representative of a country’s government

3.) Commander in Chief

• The President is the final authority over all military matters

- Founding Fathers believed in civilian control over the military; the person elected by the people has final say over all military matters

• President can use military in times of war.

• 1973:   War Powers Act passed by Congress 

• President must notify Congress when troops sent anywhere

• Troops must be brought home after 60 days unless

   Congress declares war, or gives approval for troops to stay.

This is a controversial Law which has never been challenged in the Supreme Court; Checks and Balances issue?

Who has the Power to Declare War?

Congress

-Article I, Section 8 of the constitution

4.) Legislative leader

• Proposes legislation and uses many tactics to get a bill passed

• Prepares a federal budget

• Approves or vetoes legislation

5.) Judicial Leader

• Appoints judges to Federal Courts and the U.S. Supreme Court, with Senate Approval

  • Appoints Justices whose point of view is similar to their own (Senate approval)

  • Can Pardon anyone for a Federal Offense (there is not a check on this power)

6.) Chief of state

This role is symbolic – President represents all Americans

- Gives a human face to the US government

- Can be demonstrated in many ways

-Greets heroes

-Speeches, Ceremonies

7.) Political Party Leader

• Supports party members in election campaigns and helps unify the party

• Appoints members of party to key government jobs

Executive Branch checks        on the Legislative Branch

• Vetoes bills

Calls Congress into special session

Executive Branch checks on the Judicial Branch

• Appoints (recommends) federal judges 

Judicial Branch Checks Powers over the President

The US Supreme Court can rule Executive Acts Unconstitutional

 Legislative Branch Checks
Powers OVER the President

• Senate may or may not approve treaties, presidential appointments, federal judges and US Supreme Court Justices

• The House of Representatives appropriates money;  “power of the purse”

• Congress can override veto with ⅔ majority vote in each house

• Congress can impeach and convict the President and Vice President

The Executive Branch influences policy making (laws) by:

-Proposing legislation (giving Congress ideas for laws)

-Giving the State of the Union Address

-Annual speech to Congress that is an important way for a President’s agenda to be communicated to the public and to Congress

-Approving or Vetoing bills

-Appointing officials that carry out the laws

-The President appoints the heads of cabinet departments, independent agencies and regulatory commissions.

-Appealing directly to the people

Budget Proposal

Congress must pass the final budget bill

must be approved by the President in order for the Federal Government to operate.  

If not Approved --> Government Shutdown 

Budget deadlock

Congress did not pass appropriations bills to fund the government by the deadline.

Political stalemate

A major point of contention was the Democratic party's demand to include the extension of healthcare subsidies in the funding bill, which Republicans and the President opposed.

Revenue

the total amount of money collected by the government through various sources such as taxes on income, consumption goods, investment goods, property, and wealth.

Mandatory Spending

money that is appropriated by law and must be spent as part of the budget, such as Social Security.

Discretionary Spending

money that is not mandated by law to spend and can change is quantity as needed, such as the Military.

Congressional Budget Office

CBO is strictly nonpartisan; conducts objective, impartial analysis; and hires its employees solely on the basis of professional competence without regard to political affiliation.

Tariff

a tax imposed by a government on goods and services imported from other countries

Trade War

an economic conflict often resulting from extreme protectionism, in which countries raise or implement tariffs or other trade barriers against each other as part of their commercial policies to damage the other country’s economy, in response to similar measures imposed by the opposing party.

According to the Constitution, which branch of government has the legal power to impose tariffs?

Legislative branch

Executive Departments

-Congress has the power to establish, reorganize and to eliminate executive departments

-Each department as a specific area of responsibility

-Heads of the 15 Executive Departments make up the President’s Cabinet

Cabinet

• Not mentioned in the Constitution, but every President has had a Cabinet

• Advise the President and help implement federal laws

• Title of most cabinet members is Secretary

• EXCEPT the Head of the Department of Justice is the Attorney General

Is there Cabinet Constitutional Authority?

• Not a formal organization mandated by the Constitution, but has been created and funded by Congress through legislation (laws).

Article II, Section 2, Clause 1… “he may require the Opinion, in writing of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices…”

The First Executive Departments:
George Washington’s Presidency

• Department of State - Secretary of State Thomas Jefferson

 

• Department of the Treasury - Secretary of the Treasury Alexander Hamilton

• Department of War - Secretary of Defense Henry Knox (became the Department of Defense)

• Office of the Attorney General - Edmund Randolph (became the Department of Justice)

Today there are 15 departments.

Steps in the Process of Appointing Members of the Cabinet

• Presidential nomination

• White House review

• Paperwork financial disclosure

• FBI investigation

• Senate confirmation hearings

• Senate vote (majority needed)

Department of State (1789)

• Handles the foreign policy of the nation

• Staffs US Embassies

  • US Ambassador - the President’s highest ranking official to a specific nation 

• Analyzes data about American interests in other nations

• Speaks for the U.S. at the United Nations

Department of the Treasury (1789)

• Serves as the financial division of the government

• Manages public debt

• Prints money and postage stamps; makes coins

• Collects taxes (Internal Revenue Service, IRS)

• Manufactures coins and currency

• Administers explosive and firearm laws

• Regulates the production and distribution of alcohol and tobacco

Department of Defense (1789)

• Protects the security of the United States

• Maintains the Army, Navy, Marine Corps, and Air Force.

• Oversees the armed forces through the Joint Chiefs of Staff

• Until 1949 was called the Department of War

Department of Justice (1789)

• Oversees the nation’s legal affairs

• Supervises the agencies that serve as the nation’s police and prison system 

• Investigates and prosecutes violation of federal laws.

• Operate federal prisons.

• Runs the Federal Bureau of Investigation (FBI)

• Enforces antitrust laws

Department of Homeland Security (2002)

• Charged with protecting the security of America’s borders, shores, land and the safety of its people

• Oversees the activities of 22 agencies including the Coast Guard, Border Patrol, customs services, Transportation Security Administration (TSA), Federal Emergency Management Agency (FEMA), and cyber security

• Protects the President and Vice President through the Secret Service

• Newest department created in 2002 after September 11, 2001

Department of Interior

• Protects the public lands, fish, wildlife, and other natural resources throughout the U.S. 

• Oversees relationships with Native Americans

Department of Agriculture

• Helps farmers improve incomes and production for home and abroad

• Develops conservation programs

• Safeguards the nation’s food supply (USDA Certified Stamp)

• Inspects food processing plants

• Runs the food stamp and school lunch programs

• Works to control animal and plant diseases.

Department of Commerce

• Promotes and protects the industrial and commercial parts of the economy

• Provides assistance to American businesses.

• Carries out the census

Department of Labor

• Ensures safe working conditions

• Oversees minimum wages and protects pensions

• Collects and analyzes data on employment

Department of Health and
Human Services

• Oversees programs concerned with health and social services of the American people

• Manages federal Medicare and Medicaid 

• Runs the Food and Drug Administration (FDA)

Department of Housing and
Urban Development

• Works to assist communities in the nation

• Ensures equal housing opportunities

• Helps provide housing for low-income citizens.

• Assists state and local governments in financing community development and housing projects.

Department of Transportation

• Regulates America’s transportation needs, policies and planning

• Works to ensure safe, efficient, and convenient land and air transportation

• Helps state and local governments maintain highways.  

Department of Energy

• Plans energy policy

• Promotes the conservation of fuel and electricity

• Researches and develops energy technology

Department of Education

• Coordinates federal assistance programs for public and private schools (elementary, high school, and college education) 

• Develops programs to help students with limited English proficiency and physically challenged students

• Conducts research and provides statistics on education.

Department of Veterans Affairs

• Oversees medical care for veterans and families

• Manages educational programs for veterans

US Intelligence Community

coalition of 18 agencies and organizations, including the ODNI. 

The IC’s mission is to provide timely, insightful, objective, and relevant intelligence to inform decisions on national security issues and events.

Independent Intelligence Agencies

only the ODNI and CIA

ODNI - Office of the Director of National Intelligence (2005)

 Their goal is to effectively integrate foreign, military and domestic intelligence in defense of the homeland and of United States interests abroad.

CIA - Central Intelligence Agency (1947)

collecting, analyzing, and disseminating intelligence information to top U.S. government officials.

NSA - National Security Agency

collects, processes, and disseminates intelligence information from foreign electronic signals for national foreign intelligence and counterintelligence purposes and to support military operations.

NSA is also tasked with preventing foreign adversaries from gaining access to classified national security information.

Nation-state threat actors (hackers)

 people or groups who use their technology skills to facilitate hacking, sabotage, theft, misinformation and other operations on behalf of a country.

Fancy Bear

is a cyberespionage group that is linked to the Russian government. The group has been in operation since 2008, targeting the energy, government, media, aerospace, and defense sectors via phishing campaigns and credential harvesting.

Cozy Bear

works with another Russian cyber espionage group, Fancy Bear (suspected as part of Russian military intelligence agency GRU or Soviet Military Intelligence). The latter is more infamous, but Cozy Bear is far more covert—possibly more dangerous than Fancy Bear.

Commander in Chief: Branches of Military

Army

Navy

Marines

AirForce

Coast Guard

Space Force

US Army - 1775

Land force

As the First Congress entered its final day on September 29, 1789, now-President Washington insisted that the lawmakers pass an Act clarifying the Army’s role under the new Constitution.

US Navy  - 1775

Water Force

-Continental Congress passed a resolution calling for two battalions of Marines to be raised for service with the fleet.

US Marine Corps - 1775

 FIRST RELIEF- very diverse

-Second Continental Congress meeting in Philadelphia passed a resolution stating that "two Battalions of Marines be raised" for service as landing forces with the fleet.

US Coast Guard 1790

Coast Force

Established in 1790

-the Coast Guard served as the nation's only armed force on the sea until Congress launched the Navy Department eight years later.

  Since then,

What is the only branch of military that serves homeland security?

US Coast Guard

US Air Force 1907

-On Aug. 1, 1907, the U.S. Army Signal Corps established a small Aeronautical Division to take "charge of all matters pertaining to military ballooning, air machines and all kindred subjects."

- National Security Act of 1947 became law on July 26, 1947. It created the Department of the Air Force, headed by a Secretary of the Air Force.

Space Force - 2019

Working within the space domain, our people launch rockets, keep satellites safe and operational, and develop technology to defend our way of life on Earth through our interests in space.

NATO - 1949

North Atlantic Treaty Organization 

-founded in response to the threat posed by the Soviet Union. (4/4/1949). Currently 32 nations.

3 Purposes of NATO:

• 1 - deter Soviet expansionism

• 2 - forbid the revival of nationalist militarism in Europe through a strong North American presence on the continent

• 3 - encourage European political integration

STOP THE SPREAD OF COMMUNISM

War Powers Act of 1973

-designed to limit the U.S. president’s ability to initiate or escalate military actions abroad

-the law stipulates that Presidents are required to end foreign military actions after 60 days unless Congress provides a declaration of war or an authorization for the operation to continue.

Independent Agencies and Regulatory Commissions

• Created by Congress

Source of Administrative Laws:  Laws not created by Congress, but by an agency Congress has given specific permission to create laws to carry out their assigned objectives.

• Separate from the executive departments because they perform specialized duties.

• Help to carry out federal laws

FCC

• Federal Communications Commission  

•   regulates interstate and international communications by radio, television, wire, satellite and cable

EPA

• Environmental Protection Agency

  • protect human health and the environment; reduce environmental risks based on the best available scientific information

“The Fed”

• The Federal Reserve System

  • The central banking system of the United States was created on December 23, 1913, with the enactment of the Federal Reserve Act, after a series of financial panics led to the desire for central control of the monetary system in order to alleviate financial crises

The Federal Bureaucracy

• Formed by the departments and agencies in the executive branch to improve the effectiveness of the department.

• Approximately 3 million people work in the bureaucracy 

• Operates under many rules and regulations that create “red tape”

• Congress has written laws that allow these agencies to create rules/laws that improve their effectiveness

Who are the Inspectors General?

independent government watchdogs who conduct audits and investigations to fight waste, fraud, and abuse, and improve the efficiency and effectiveness of federal programs

What is the Electoral College?

• Established by Founding Fathers: compromise between Congress and Popular Vote choosing the President.

Number of Electoral Votes

• 538 Total Electoral Votes

• 50 States + District of Columbia 

• Determined by population! Census every 10 years
  

• Formula for each state:

Number of Senators (2) + Number of House Representatives = Electoral Votes

For Example:

In Minnesota: 2 Senators + 8 House Representatives = 10 Electoral Votes

How many electoral votes to Win?

270 Electoral Votes to Win the Presidency.

Except: Nebraska and Maine…

• Proportional allocation.

Does popular vote always win?

No, electoral college needs to be factored in and overrides popular vote.

What is Impeachment?

• 1: a charge of misconduct made against the holder of a public office.

• 2: the action of calling into question the integrity or validity of something.

The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of:

Impeachment Trial Process

• House of Representatives "shall have the sole Power of Impeachment"

• “The Senate shall have the sole power to try all impeachments. 

• If House votes to impeach, then Chief Justice presides over trial in the Senate and the Senate may vote to remove the President by 2/3 majority

Impeachment Conviction

the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment, according to law

Can members of congress be impeached?

No, because they are not civil officers.

Who is responsible for Ensuring Domestic Tranquility?

The Federal Government has the power to keep the peace;  maintain law and order.

How to deal with Civil Unrest?

Bring in the National Guard (controlled by the state)

Presidents can “federalize” branches of the National Guard to respond to Civil Unrest --- but only by using the Insurrection Act

Insurrection Act

Gives U.S. presidents the authority to deploy active duty military to maintain or restore peace in times of crisis

What is Domestic Terrorism?

an act "dangerous to human life" that violates state or US law: 

(i) intimidate or coerce a civilian population; 

(ii) influence the policy of a government by intimidation or coercion; or 

(iii) to affect the conduct of a government by mass destruction, assassination or kidnapping.

What is Sedition?

The act of inciting resistance, rebellion, or violence against a lawful government

-often through speech, writing, or organization

-intending to cause its overthrow or disruption, and is distinct from treason (actual betrayal/war) but is a serious federal crime in the U.S.

What is an Insurrection

An insurrection is a violent uprising or rebellion against a government or authority. 

-typically characterized by organized and armed resistance, distinguishing it from a simple riot or disturbance. 

-Insurrections aim to overthrow the existing government or change the political order.

What is a pardon

  an executive action that relieves a person of some or all of the legal consequences of a criminal conviction

Who has the power to pardon?

The president

-it’s an unchecked power

What is an executive order

•  a directive by the president of the United States that manages operations of the federal government

• can be struck down by the Courts

• Examples: 

• The Emancipation Proclamation

• The Manhattan Project

• Japanese Internment Camps

• Desegregating the US Military

• National Guard Deployed to Desegregate Schools

• Creation of the Peace Corps