The Executive Branch - Canvas

The Executive Branch

Overview

  • The Executive Branch is responsible for enforcing laws, conducting foreign policy, and managing federal government operations.

Presidential Qualifications

  • Article II of the Constitution shapes the presidency.

  • Election Process: Presidential elections occur every 4 years, following the Twenty-Second Amendment which limits terms to 2, totaling 10 years.

  • Qualifications:

    • Must be a natural-born citizen.

    • At least 35 years old.

    • Must have been a resident of the U.S. for 14 years.

Electing A President

  • Electoral College elects the President.

  • Election date: First Tuesday after the first Monday in November.

    • Total electors = 538 (number of senators + representatives + 3 for DC).

    • Requires 270 electoral votes to win.

  • If no majority is reached:

    • The House of Representatives can decide the outcome (notably in 1800 & 1824).

  • Election Year Timeline:

    • Primaries: Early election year (03/05/2024).

    • General Voting: November.

    • Electoral College Vote: December.

    • Congressional confirmation: January.

    • President inauguration (20th Amendment): January.

  • Bush v. Gore case involved the 14th Amendment.

Term of Office

  • A President serves a four-year term, but can be elected for a maximum of two terms (10 years) following the Twenty-Second Amendment.

  • The White House: John Adams was the first President to reside there.

  • Official aircraft include Marine One and Airforce One; retreats like Camp David are also part of presidential tradition.

Impeachment Process

  • Impeachment Grounds: Treason, bribery, or other high crimes and misdemeanors.

  • Simple majority in the House is required for impeachment.

  • A 2/3 vote is required in the Senate for removal from office.

  • An impeached President cannot be pardoned.

  • Notable impeachments: Andrew Johnson, Bill Clinton, and Donald Trump; Richard Nixon resigned to avoid impeachment.

  • Outcome: No President has been convicted through impeachment.

Presidential Expanded Powers

  • Reasonable rulers may need to resort to exceptional powers (Locke).

  • Notable actions:

    • Jefferson's land purchases.

    • Monroe's Doctrine.

    • Jackson's use of veto and Native American policies.

    • Lincoln's order violating habeas corpus rights.

    • T. Roosevelt’s expansion of presidential authority.

    • FDR’s executive orders and internment of Japanese Americans (Korematsu v. United States).

  • Presidents have peacefully transitioned after elections, reinforcing the rule of law.

Important Constitutional Amendments

  • Twelfth Amendment: President and Vice President are elected together.

  • Twentieth Amendment: Changes inauguration day from March 4 to January 20, creating a “lame duck” period after elections.

  • Twenty-Second Amendment: Limits presidency to two terms (10 years).

  • Twenty-Third Amendment: Grants residents of DC the right to vote in presidential elections.

  • Twenty-Fifth Amendment: Provides for presidential succession and temporary decision-making authority.

Presidential Oath of Office

  • Administered by the Chief Justice.

  • Oath affirms the President's commitment to uphold the Constitution and carry out duties faithfully.

Twenty-Fifth Amendment Details

  • Addresses presidential succession and temporary decision-making during incapacitation.

  • Succession order: Vice President, Congressional leaders, and selected Cabinet members.

    • Notable roles include Secretary of State, Secretary of Defense, etc.

Powers of the President

  • Law Enforcement: Enforces laws and can veto legislation.

  • Special Sessions: Can call Congress into special sessions.

  • Commander in Chief: Oversees military operations.

  • Foreign Relations: Receives foreign leaders and negotiates treaties (subject to Senate approval).

  • Federal Appointments: Names heads of executive agencies, judges, and ambassadors (also requiring Congress approval).

  • Pardon Power: Can issue pardons for federal crimes.

  • Executive Orders: Directives that carry the force of law.

Executive Judicial Powers

  • Judicial Appointments: President appoints judges with Senate confirmation.

  • Reprieves and Pardons: Can grant reprieves and commutations but cannot pardon oneself for impeachment-related crimes.

    • Nixon pardoned by Ford, draft evaders pardoned by Carter.

Clemency

  • Pardon: Full forgiveness of a crime.

  • Reprieve: Temporary suspension of punishment.

  • Example: Biden pardoned 80 individuals.

Executive Orders & Executive Privilege

  • Executive Order: Allows the President to implement laws (e.g., Truman's 1948 order to integrate the military).

  • Limits on executive orders: Cannot cover issues under exclusive congressional authority and are subject to judicial review.

  • Executive Privilege: The right to withhold information unless it involves criminal investigations (Nixon v. United States).

State of the Union Address

  • Constitution mandates an annual address from the President, typically given in January or February.

Presidential Roles

  • Chief Executive: Enforces law and issues executive orders.

  • Chief Diplomat: Directs foreign policy.

  • Head of State: Acts as a symbolic leader.

  • Commander in Chief: Directs the military.

  • Legislative Leader: Advocates for proposed laws.

  • Economic Leader: Addresses economic issues.

  • Party Leader: Aids party members in elections.

Executive Tools of Foreign Policy

  • Ambassadors: Official representatives.

  • Embargo: Prohibits trade.

  • Trade Sanctions: Punitive measures against countries.

Vice President

  • Serves as an assistant to the President.

  • Non-voting President of the Senate unless there’s a tie.

  • Steps in during presidential death, resignation, or inability.

  • Often assigned specific tasks by the President.

Cabinet Members

  • Defined in Article II as principal officers; not specifically termed "cabinet".

  • Advise the President and manage their respective departments.

  • There are 15 cabinet positions, including the Vice President.

Choosing Federal Appointees

  • Spoils System: Jobs awarded for political loyalty.

  • Merit System: Jobs based on qualifications, credentials, and performance.

Organization of the Executive Branch

  • Comprises three types of independent agencies:

    • Executive Agencies (e.g., NASA).

    • Government Corporations (e.g., USPS).

    • Regulatory Commissions (e.g., FCC).

Executive Agencies

  • Focus on specific government sectors (e.g., EPA, CIA).

Government Corporations

  • Function as government-owned businesses, providing goods/services without profit motive.

Regulatory Commissions

  • Protect public interest through rules and enforcement.

  • Appointees cannot be easily removed by the President; Congress has this authority.

Civil Service Workers

  • Comprise about 90% of government workforce.

  • Typically permanent positions (separate from presidential appointments).

    • Includes roles like teachers, police officers, postal workers, etc.

  • Historical context: Spoils System led to the Pendleton Act of 1883.

Press Conference

  • Managed by the Press Secretary; involves prepared responses to anticipated questions.