In-Depth Notes on the Executive Branch and Electoral College

Article II of the Constitution

• Presidency Powers: Article II outlines the powers, election process, and removal of a president.
  • Key Aspects:
  • Powers of the president include serving as commander-in-chief, appointing judges, and granting pardons.
  • Removal discussed in terms of impeachment.

Powers of the President

• Commander in Chief: Oversees military operations.
• Judicial Appointments: Appoints judges and heads of agencies.
• Executive Orders: Directives to executive branch officials.
• Not a Power: Approving amendments is not within presidential powers.

Constitutional Convention Contributions

• James Wilson: Advocated for a single president over a multi-member executive.
• James Madison: Proposed that the president be chosen by Congress versus direct election.

Election of the President

• Electoral College: The system established after debate among delegates.
  • Functions: Determines the outcome of presidential elections based on elector votes from each state.
  • Elector Count: Total electors = 538. Minimum to win = 270 electoral votes.

Presidential Term and Limitations

• Term Duration: Article II specifies a 4-year term.
• 22nd Amendment: Limits presidents to two terms.

Executive Orders and Power Limits

• Executive Orders: Must have specific constitutional backing or congressional delegation.
• Supreme Court Rulings: Cases such as Youngstown Sheet & Tube Co. v. Sawyer highlight limits on presidential actions.

The Role of Congress and the Supreme Court

• Presidential Authority: According to Justice Robert Jackson, the president’s power is strongest with congressional approval.
• House of Representatives: If no majority is achieved in the Electoral College, the House decides the outcome.

Presidential Question Examples

• Constitutional Inquiry: "Can the president do that?" focuses on the legal powers versus ethical considerations.

Record of Executive Orders

• Franklin Roosevelt: Issued the most executive orders (3,728 orders).