DC: The Executive Branch and the Bureaucracy

Article II

Establishes the Executive Branch

12th Amendment

president and vice president run as a pair

20th Amendment

Congress starts January 3rd and the President starts January 20th

22nd Amendment

Limits the president to two terms.

25th Amendment

Presidential Succession; Vice Presidential Vacancy; Presidential Inability

Qualifications to be President

natural born citizen, resident of US for 14 years, at least 35

Commander in Chief

The role of the president as supreme commander of the military forces of the United States

Take Care Clause

The constitutional requirement that presidents take care that the laws are faithfully executed, even if they disagree with the purpose of those laws

President Appointment Powers

can appoint ambassadors, fed. judges, and other high-level officers with advice and consent of Senate

Chief Diplomat and other governments

The role of the president in recognizing foreign governments. Recognizing a foreign government is an acknowledgment that the government is legitimate.

Chief Diplomat and treaty power

Article II, Section 2, Clause 2 (the "Treaty Clause") gives the President the power to negotiate and sign treaties with other nations.

However, those treaties do not take effect automatically—they must receive the "advice and consent" of the Senate, and approval requires a two-thirds vote of Senators present.

President Veto Power

The veto allows the President to "check" the legislature by reviewing acts passed by Congress and blocking measures he finds unconstitutional, unjust, or unwise.

Veto Override

If the President vetoes a bill, the Congress may override the veto by a two-thirds majority vote in both houses. The bill would then become law, the President's objections notwithstanding.

Pocket Veto

president's power to kill a bill, if Congress is not in session, by not signing it for 10 days. Cannot be overridden.

State of the Union

An annual speech in which the president addresses Congress to report on the condition of the country and recommend policies.

Designated Survivor

someone who has been assigned to assume the presidency in case there is a tragedy

Convene Congress

The president can call congress back into session.

Pardon Power

power to excuse an offense without penalty or grant release from a penalty already imposed

Presidential Checks on the Legislative Branch

The President has the power to veto

The Vice President is the President of the Senate

The President is the Commander in Chief of the military

The President can make appointments of senior federal officials while the Senate is in recess

The President can call the House and Senate into emergency sessions

When the houses do not agree on adjournment, the President has the power to force it to happen

Presidential Checks on the Judicial Branch

*President nominates federal judges

*Has power to grant pardons, reprieves, and amnesty that can negate a guilty verdict by a federal court

*Judicial branch relies on executive branch to enforce court decisions

Bargaining and persuasion implied powers of the President

The President often uses his position, visibility, and political capital to persuade members of Congress to support their agenda. This can involve negotiating deals, offering concessions, or leveraging public opinion to sway lawmakers.

Executive Orders

These are directives issued by the President to manage the federal government. They do not need Congressional approval but can be challenged in court or overturned by future Presidents. Presidents often use executive orders to direct the operations of the executive branch, implement policies, or address issues that Congress has not acted on. However, they must still align with existing laws and the Constitution, as they can be deemed unconstitutional by the judiciary.

Executive Order Examples

Lincoln's Emancipation Proclamation; FDR's internment of Japanese-Americans during World War II; Truman's Desegregation of the Armed Forces; Naming a new holiday or a national park

Executive Agreements

international agreements entered into by the president that do not require the advice and consent of the U.S. Senate. An informal power used by Presidents to bypass the often-challenging process of obtaining Senate ratification for formal treaties. By entering into executive agreements with foreign nations, Presidents can negotiate and establish international agreements without the need for Senate approval. While these agreements carry the weight of a formal treaty during the President's tenure, they do not have the same permanence and can be altered or withdrawn by future administrations. Example: U.S.-Mexico Migrant Protection Protocols (2019) - Under President Donald Trump, the U.S. entered into an executive agreement with Mexico as part of the Migrant Protection Protocols (also known as the "Remain in Mexico" policy). This agreement required asylum seekers at the U.S. southern border to remain in Mexico while their asylum claims were processed in the U.S., without needing Senate approval. This policy was a key component of Trump's immigration agenda.

Signing Statements

informal power, issued by the President when signing a bill into law. These written pronouncements often serve to express the President's interpretation of the law, highlight concerns, or clarify how the administration intends to enforce certain provisions. While they do not have legal force, signing statements can signal potential disagreements with Congress or indicate limits to how the President plans to execute the new law.

Bully Pulpit

refers to the President's unique ability to use their prominent platform and public visibility to influence public opinion and rally support for their policy initiatives. By directly addressing the American people—whether through speeches, media appearances, or social platforms—the President can shape public discourse and pressure Congress to act in line with their agenda. This informal power allows the President to effectively push their priorities by appealing to the public and leveraging their attention to build momentum behind key policies.

Honeymoon Period

a time early in a new president's administration characterized by optimistic approval by the public

Presidential Job Approval Ratings

The percentage of Americans who believe the president is doing a good job.

What is the bureaucracy?

The federal bureaucracy is made up of unelected officials and career employees who work in government agencies. Their main job is to implement and enforce laws. Congress and the president make laws and policies, but it's the bureaucracy that puts them into action.

Cabinet

group of officials who head government departments and advise the President

Independent Agencies

agencies in the executive branch of the federal government formed by Congress to help enforce laws and regulations not covered by the executive departments. Example: Environmental Protection Agency (EPA)

Independent Regulatory Commissions

Independent agencies created by Congress, designed to regulate important aspects of the nation's economy, largely beyond the reach of presidential control. Example: Federal Communications Commission (FCC)

Government Corporations

A government organization that, like business corporations, provides a service that could be provided by the private sector and typically charges for its services. The U.S. Postal Service is an example.

Why is the bureaucracy important?

Implements policy - Turns broad laws into detailed rules and actions.

Regulates behavior - Ensures safety, fairness, and standards (for example, setting food safety rules).

Delivers services - Provides Social Security checks, student loans, disaster relief, and more.

Criticisms of the Bureaucracy

Red Tape - Complex rules and procedures that slow things down.

Inefficiency - People complain it wastes time and money.

Lack of accountability - Because workers aren't elected, critics argue they aren't directly responsible to the public.