Branches of Government and Presidential Powers

Three Branches of Government

  • The United States government is divided into three branches:

    • Legislative

    • Executive

    • Judicial

Executive Branch

  • The president heads the executive branch and possesses unique powers including:

    • Executive Orders: Directives that manage operations of the federal government.

    • Vetoes: The president's power to reject bills passed by Congress.

    • Appointments: The ability to appoint federal judges, heads of federal agencies (the president's cabinet), and more than 50 independent federal commissions.

    • Military Role: The president acts as the commander-in-chief of the military.

The Cabinet

  • Composed of heads of federal agencies who serve as an advisory board to the president.

  • Each head is mostly referred to as the secretary of their department.

  • Confirmation of Appointments:

    • Appointments made by the president require confirmation by the Senate—a key example of checks and balances at work.

Presidential Line of Succession

  • In the event that the current president:

    • Becomes incapacitated

    • Resigns

    • Dies

    • Is removed from office

  • The line of succession is:

    1. Vice President

    2. Speaker of the House

    3. Senate President pro tempore

    • Followed by cabinet members in the order of their departments' creation.

Congressional Checks on Presidential Power

  • The president possesses the authority to check Congress through:

    • Signing or Vetoing Legislation: The president can either sign a bill into law or reject it, effectively vetoing it.

    • Pardons and Clemency: The president can grant pardons for federal crimes, except in cases of impeachment at both state and federal levels.

International Role of the President

  • The president serves as the representative of the nation on the global stage by:

    • Negotiating and signing treaties with other nations.

    • Ratification of Treaties: These treaties require a two-thirds majority approval from the Senate to be ratified.

Powers without Congressional Approval

  • Executive Orders: Allow the president to direct members of the executive branch without requiring Congressional approval.

    • Judicial Review: While Congress cannot intervene in executive orders, the Supreme Court has the authority to overturn them if found unconstitutional.

Eligibility Requirements for Presidency

  • According to the Constitution, the qualifications to be president are:

    • Must be at least 35 years of age

    • Must be a natural born citizen of the USA

    • Must have lived in the USA for at least 14 years

Term Limits for the Presidency

  • Presidents are limited to serving two four-year terms. This is mandated by the 22nd Amendment, ratified in 1951.

  • Prior to the amendment, the traditional limit was two terms, which was broken by President Franklin Delano Roosevelt who served four terms.

Electoral College

  • The election of a president occurs every four years using a system called the Electoral College.

    • Voters actually vote for electors rather than directly for the candidate; these electors then cast official votes on behalf of the voters.

Importance of Balance of Power

  • The rules and stipulations surrounding the presidency reflect the founding fathers' concerns for maintaining a balance of power within the government.

  • Despite the expansion of presidential power over time, the checks from the legislative and judicial branches ensure that no single branch becomes too dominant.