Unit 3 - The Executive Branch

The Presidency

Inherent Powers: powers not described in the Constitution, but have been claimed by presidents.

Executive Privilege: right of the pres or other high ranking executive officials to refuse to testify before congress or court

Constitutional Powers

  • Why does the Executive government have strong power?
    • correcting articles of confederation
    • Founders distrusted direct participation
  • Article 2, sections 2 and 3:
    • pres is commander of armed forces and responsible for national security
    • pres appoints heads of executive departments, senate confirms
    • pres conducts foreign policy
    • making treaties with senates approval
    • appointing ambassadors
    • pres appoints federal court judges, can pardon felons, and reduce a person’s sentence or fine
    • pres ensures that laws passed by congress are faithfully executed
    • pres delivers state of the union message to congress
    • pres can propose legislation and call congress into session
  • Other presidential powers
    • Thomas Jefferson purchased the Louisiana Territory from France
    • Theodore Roosevelt said that the president has the right and duty to “do anything that the needs of the Nation demanded, unless such action was forbidden by the Constitution or by the laws.”
    • During the Civil War, Abraham Lincoln suspended the writ of habeas corpus and jailed opponents of the Union without trial or the legal authority to do so
    • During the Great Depression Franklin D. Roosevelt greatly expanded the role of the federal government in the economy
    • Following the terrorist attacks of 2001, George W. Bush gained sweeping authority from Congress to fight terrorism
    • A mandate—the expressed will of the people, often in an election—is one of the greatest sources of political power
    • Major newspapers, magazines and the Internet provide a forum, or medium for discussion, for presidential messages

8 Roles of the President:

Chief Legislature

  1. proposes legislation
  2. signs laws

   

  1. sometimes uses signing statements
  2. notice of his interpretation of the law, how he intends to enforce it, or even if he intends to at all
    1. Vetoes legislation

   

  1. calls special sessions of congress
  2. makes state of the union address
  3. checks on this power:

       1. congress doesn’t have to pass anything 2. congress can override veto with a 2/3 vote

Chief executive

  1. take care of article 2

   

  1. enforce laws
    1. Appoints officials to office, and can fire them
    2. Issues executive orders to carry out laws

   

  1. doesn’t need congressional approval

Commander in chief

A. Powers

  • Head of the armed forces

B. Checks on power

  • Congress appropriates for the military
  • Congress declares war
  • War Powers Act of 1973

Chief Diplomat

A. Powers

  • Sets overall foreign policy (confirmed by US v. Curtiss Wright, 1936)
  • Appoints and receives ambassadors
  • Negotiates both treaties and executive agreements
  • Negotiates executive agreements with leaders of other nations that require simple majority consent of both houses of Congress - Example: NAFTA
  • Gives diplomatic recognition to foreign governments

B. Checks on power

  • Congress appropriates funds for foreign affairs
  • Senate can reject ambassadors and treaties

Head of State

A. Powers

  • The ceremonial head of our nation, e.g., tosses out the first ball of the baseball season, bestows the medal of honor, visits areas struck by natural disaster

B. Most nations separate the Chief Executive and Head of State roles (e.g., Britain has a prime minister and a monarch, respectively), but the office of the presidency combines both of these roles

Chief Jurist

  • appoints federal judges
  • issues pardons and amnesty
  • senate can reject judicial appointments

Chief of Political Party

  • selects party’s chairman of the national committee and VP nominee
  • political patronage

Chief Economist

  • responsible for the overall health of the economy
  • proposes federal budget - must be approved by congress

Presidential powers part 2

Head of State

  • symbol of US
  • hosting visiting foreign leaders and carrying out ceremonial functions
  • represents all Americans
  • give speeches

Chief Executive

  • in charge of 3 million government workers
  • appoints heads of cabinet departments
    • senate approves
  • Executive Order
    • a rule issued by the president has the force of law
  • Power of justice appointment
  • pardon
    • one person has all legal punishment removed
  • reprieve
    • punishment postponed
  • amnesty
    • for a full group
  • chief diplomat
  • foreign policy
  • negotiating treaties
  • foreign affairs
  • executive agreement
  • Commander in Chief
  • National security

Legislative, Economic, and Party Leader

Legislative leader
  • propose bills
  • encourage congress
  • veto
  • Legislative Program
    • list of laws they want passed
    • Special staff is created to work with congress on these
  • can call special sessions
  • represents entire US instead of specific states or regions
Economic Leader
  • wants country’s economy to prosper
  • plans federal budget
  • reports on economy to congress
  • federal reserve system
    • central banking system
  • council of economic advisers
    • picked by president
Party leader
  • give speeches on behalf of candidates
  • raise money for elections
  • political patronage
    • appointed to office as a reward for helping get a president elected
Qualifications
  • Formal
    • natural US citizen
    • lived in us for 14 yrs
    • 35 yrs old
  • Informal
    • educated in college
    • political experience
    • US congress
    • Governor of a state
    • Military experience
    • family oriented
    • leadership skills
    • oral presentation skills

Structure and functions of the executive branch

Bureaucrats
  • provide public services
  • civil servants
    • government workers
  • shadow bureaucrats
    • employees on the payroll of private for-profit businesses and private nonprofit organizations with government contracts
  • political appointees
  • senior executive service employees
  • civil servants
  • Every four years, after the presidential election, the federal government publishes the plum book, which lists thousands of top jobs in the bureaucracy to which the president will appoint people through the patronage system
Civil servants
  • The Senior Executive Service
  • Politically Neutral
  • Open competition and competence required
  • Some are unionized
State, Local, and Shadow Bureaucrats
  • devolution or contracting out
    • willing giving of power from national government to smaller sectors
    • people are not directly employed by national government
Departments
  • there are 15 federal departments
    • newest is the department of homeland security
  • head officials appointed by pres to hold departments accountable
  • Independent Administrative Agencies
    • narrowly defined function
    • independent from departments
  • Independent regulatory commissions
    • regulate things
  • government corporations
    • sell a service or product
    • usually directed by a bipartisan board
The executive office of the president
  • The EOP is composed of dozens of offices and councils that assist the president in managing the complex and sprawling executive branch of the bureaucracy. Ex. Council of Economic Advisers
  • The president has the authority to fire these appointees at his pleasure
Federal Bureaucrats’ Roles in Public Policy
  • Agenda Setting
  • Policy Formulation
  • Policy Approval
  • Appropriation Approval
  • Policy Implementation
  • Policy Evaluation