Political Science - The Executive Branch

Three Branches of Government

  • Legislative (Congress): Creates laws.

  • Executive (President): Enforces laws made by the legislature.

  • Judicial (Supreme Court): Interprets laws made by the legislature and policies set by the executive.

Separation of Powers

  • Legislative Branch: Includes GAO, GPO, Library of Congress, etc.

  • Executive Branch: Headed by the President, includes various departments such as OMB, Drug Control Policy, etc.

  • Judicial Branch: Composed of the U.S. Supreme Court, which consists of justices not elected by the public.

Characteristics of the Executive Branch

  • Singular Executive: The president is a solitary position, holds singular interests (office legacy), and has interactions primarily with a subordinate Cabinet. The powers are defined by rules and norms without sharing with other executive positions.

Importance of the Presidency

  • Seen as the heart of the American political system, embodying national interests, setting agendas, and commanding the military.

The Constitution and Presidential Powers

  • Article I: Outlines the Legislative Branch.

  • Article II: Defines the Executive Branch and the president’s powers including:

    • Head of State

    • Executing laws

    • Issuing executive orders

    • Administration of the Executive Branch

    • Nominations and Appointments

    • Commander in Chief of the military

    • Negotiate treaties

    • Veto laws

    • Grant pardons

Inherent Powers of the Presidency

  • Not explicitly stated but claimed over time, often justified through phrases like "executive power shall be vested in a president."

  • Political power is significantly impacted by public opinion and congressional authority.

Categories of Presidential Power

  • Formal Powers: Explicitly stated in the Constitution, such as nominations, executing laws, and vetoing legislation.

  • Informal Powers: Include persuasion, negotiation, and influence on public opinion.

Roles of the President

  • Head of State: Represents the nation, negotiates treaties, hosts dignitaries, conducts foreign policy, and ensures national security.

  • Head of Government: Implements policies, supervises the executive branch, prepares budgets, and appoints executive officials.

Executive Actions

  • Defined as powers authorizing the president to issue:

    • Executive Orders: Directives that change government policy without congressional approval.

    • Memorandums: Similar to executive orders, stating positions on policy issues, often serve as proposals.

Notable Executive Actions

  • Example of DACA not passed by Congress, seen as a presidential bypass of Congress’s power over immigration.

Signing Statements

  • Announcements made by the president upon signing a bill into law. May question the constitutionality of a bill or they may applaud the bill’s purpose. Often used informal power.

  • example : In 1929 President Hoover made a signing statement praising the new veterans hospitals that were to be built

Limits on Presidential Power

  • Election and Checks: The president is indirectly elected via the Electoral College, and checks include Senate approval for appointments and treaties, as well as congressional oversight.

Commander in Chief Powers

  • Defined as military leadership, but actual declaration of war rests with Congress. The War Powers Act of 1973 mandates informing Congress of military action and limits duration without approval.

  • •Requires President to report to Congress (Gang of 8) any introduction of U.S. forces into hostile or imminently hostile territories

    •Use of force must be terminated within 60 days unless Congress approves the deployment

    •President is required whenever feasible to consult with Congress (Gang of 8) before introducing American forces into hostilities

    •Congressional resolutions authorizing continued deployments will be expedited

Veto Power

  • The president may sign, veto, or allow bills to become law automatically. A pocket veto occurs when Congress adjourns within ten days of sending a bill to the president, preventing it from becoming law without signature.

  • Checks & Balances : congress can override an veto with 2/3 vote from both chambers

Appointment Power

  • Presidents nominate officials and judges, requiring Senate confirmation for many positions but not all.

Bureaucracy

  • Comprises those who implement laws and execute policies, organized into:

    • Cabinet Departments: Each led by a secretary appointed by the president.

    • Independent Agencies: Operate with specific mandates outside of cabinet structure.

    • Regulatory Commissions: Manage specific sectors like communications or finance independently of the executive.

Bureaucratic Drift

  • Occurs when agencies interpret legislation in ways that differ from congressional intent, demonstrated in cases like the Oil Pollution Control Act.

Iron Triangles

  • Represents the relationship among bureaucratic agencies, congressional committees, and interest groups promoting mutual benefits and policy reinforcement.

The Cabinet

  • Comprised of 15 departments, providing leadership, expertise, and oversight to various government functions.

  • President appoints cabinet secretaries

  • Lori Chavez DeRemer

The Executive Office of the President (EOP)

  • Most EOP positions are not senate confirmed congress still has oversight through hearings, investigations, and the power of the purse.

The Role of the Vice President

  • Functions primarily as the President of the Senate and serves as first in line of succession. Historically considered a less impactful role, as described by John Adams.

Electoral College

  • Mechanics of presidential elections; varying state counts reflecting population and Congressional representation.

Historical Presidents of Influence

  • Notable figures include:

    • Franklin D. Roosevelt: Peacetime expansion of powers and major social programs.

    • George Washington, Thomas Jefferson, Abraham Lincoln, and others contributed significant policies and changes shaping the presidency.