Executive Branch

The President

Requirements of the Presidency

  • Selected by the Electoral College based on vote by individual US voters

  • 4-year terms

  • Initially no term limit. 22nd Amendment made 2 terms the official term limit

  • Must meet certain qualifications

    • Natural born US citizen

    • 35+ years old

    • Lived in the US for at least 14 years

Powers of the President

Expressed Powers

The President has certain roles in the US government that are given in the US Constitution

  • Commander in Chief (Military)

  • Chief Executive

    • Head of Executive Branch

    • Carries out US Law

    • Oversees entire bureaucracy

    • Nominates cabinet heads for 15 departments

    • Enacts executive orders and adds signing statements

    • Modify national budget

  • Chief Diplomat (Foreign Affairs)

  • Chief Legislator (Work with Congress)

Delegated Powers

  • Implement US Laws

  • Execute US Laws

Implied Powers

  • Establish cabinet and advisors

  • Executive Privilege

  • Executive Orders

  • Executive Agreements

  • Signing Statements

Inherent Powers

  • Acquire new territory

  • Take quick action in times of national emergency or national crisis. Federalist #70 discusses the importance of a single president in the United States, citing this exact purpose

Powers of Clemency

The President has certain powers related to federal offenses

  • Grant reprieve - Postpone a Sentence

  • Grant pardon - Forgiveness from a crime

  • Grant commutation - Reduce a fine or sentence without entirely removing it

  • Grant amnesty - Pardon offered to a group of people

Limitations on Presidential Power

Congress and Congressional Approval is a largely limiting factor for the President and the Executive Branch.

  • Congress passes laws for the President to carry out

  • Congress approves the budget submitted by the President

  • The Senate confirms appointments of ambassadors, federal judges, and cabinet department heads nominated by the President

  • The Senate ratifies treaties with other nations that the President may have shaped through working on foreign affairs and foreign policies

  • The President leads the military, but cannot declare war as that is a power held only by Congress

    • The War Powers Resolution was an attempt to restrict the power of the President to maintain US troops in combat for more than 60 days without Congressional approval or authorization.

    • The Resolution was an attempt to give Congress greater control over matters of National Security often reserved for the President, though many Presidents have ignored it.

  • Congress can override vetos by the President

  • Congress can impeach the President or appointed people

    • House has the power to impeach

    • Senate has power to hold the impeachment trial and give conviction

Unilateral Presidential Action

  • Executive Privilege: Right of the president to keep certain conversations, records, and transcripts entirely classified and confidential from outsiders, especially including Congress

  • Executive Agreement: Agreement between the President of the US and the leader of another nation that is limited in durability compared to a full treaty. However, it does not require Senate approval.

  • Signing Statement: Comments attached to a signed bill that may include political statements, interpretations, or reasons for signing

  • Executive Orders: Policy enacted quickly by Presidents without requiring Congressional approval

  • For actions that cannot be unilateral, Presidents may use the bully pulpit to appeal to the public to pressure other government branches to support policies. This is often called “going public.”

  • Additionally, bargaining and persuasion is used to help deal with convincing members of Congress to support the agenda of the President in making policy.

Other parts of the Executive Branch

White House Staff

People are needed for the White House to properly function as part of the United States government. These people are the White House staff and do not have to be Senate-confirmed, yet they are still very influential on policy.

  • Chief of Staff - Manages “access” to the President

  • Press Secretary - Voice of the President and Executive Branch in press meetings

  • Chief Counsel - Advises on authority

  • National Security Advisor - Advises on National Security matters

The White House staff and the White House Office are part of the EOP, discussed below.

The Vice President

Regularly, the Vice President is very limited in power.

  • The Vice President holds the tie-breaking vote in the Senate, otherwise not voting

  • The Vice President would take the seat of the President if the President died, resigned, or otherwise was unable to continue to hold the seat before the end of his/her term.

The Executive Office of the President (EOP)

  • Created during the Presidency of FDR during the Great Depression

  • Offices help manage certain responsibilities

    • Office of Management and Budget (OMB) helps construct annual national budget

    • National Security Council

    • Council of Economic Advisors