Module 5 - the executive branch
Constitutional Framework of the Presidency
Background: Experience with King George scared the Founders; they didn't want one person to have all the power.
The final compromise: A single executive with limited powers.
Article II
The Vesting Clause places executive powers in the hands of the president.
The powers it lists are the "expressed or enumerated powers":
Commander in Chief: The president is the commander in chief of the Army and Navy.
Chief Diplomat: The president has the power to make treaties (with Senate approval).
Chief Administrator: The president appoints the heads of all major executive departments (with Senate approval).
Veto Power: Allows the president to veto bills passed by Congress.
As head of state, the president becomes a prominent national figure, creating powerful political advantages.
Eligibility Requirements: Candidates must be at least 35 years old, natural-born citizens, and residents of the U.S. for at least 14 years to ensure a substantial understanding of the country's political landscape.
Electoral College: A compromise between larger and smaller states designed to balance the influence of populous states with less populous ones in presidential elections.
When a candidate wins in a given state (except Nebraska and Maine), they receive all of that state's electoral votes under a winner-take-all system.
Alexander Hamilton argued in favor of the Electoral College, though critics argue it undermines direct representation by allowing a candidate to win the presidency without securing the national popular vote.
Other Powers:
Rhetorical Powers: The Constitution gives the president status that allows them to sway public opinion in favor of policies and mobilize support.
Judicial Powers: The president can grant pardons and appoint federal judges (with the advice and consent of the Senate).
Presidential Assets and Informal Powers
The president can utilize informal powers, such as executive orders and agreements, which enable swift action without the need for congressional approval.
Additionally, the ability to issue vetoes or threaten vetoes serves as a powerful tool to influence legislation and legislative priorities.
Direct Tools of Presidential Influence
Executive Orders: Signed directives instructing executive agencies to take immediate action. Their legality is often tested in courts.
President Teddy Roosevelt issued many executive orders to deal with various national issues.
Executive Agreements: Differ from treaties; they are used to implement legislation or serve as international exchanges, and they are binding under international law.
Signing Statements: Written declarations explaining the president's interpretation of a law, outlining concerns regarding specific provisions, or signaling potential enforcement priorities.
Assets of the President
Vice President: Serves as a key advisor to the president and the presiding officer of the Senate (breaking ties in Senate votes). The role has evolved significantly, taking on major policy portfolios depending on the president's delegation.
Cabinet Members: Heads of the executive departments who advise the president and manage specific administrative areas such as defense, education, and treasury.
Executive Office of the President (EOP): Created in 1939 to directly serve the president. Includes:
Office of Management and Budget (OMB): A powerful tool for budgetary control.
National Security Council (NSC): Advises the president on foreign policy and national security.
Council of Economic Advisers (CEA): Provides economic analysis and advice on domestic and international economic policy.
White House Staff: Key advisors and aides working closely with the president to manage daily operations, including the Chief of Staff, press secretaries, and policy assistants.
Informal Powers of the Presidency
Bully Pulpit: Coined by Teddy Roosevelt, referring to the president's ability to leverage their national prominence to influence public opinion and advocate for policy goals.
Agenda Setting: The process by which the president prioritizes specific issues to shape public discourse and guide legislative action.
Party Leadership: Guiding and supporting their political party's agenda, coordinating with members in Congress, and mobilizing grassroots support.
Checks and Balances on Presidential Authority
The Founders designed a system to limit presidential authority:
Legislative Power & Power of the Purse: Congress controls funding and lawmaking, allowing it to pressure the executive branch by withholding funds or refusing to pass administration-supported legislation.
Veto Override: Congress can override a presidential veto with a two-thirds majority vote in both the House and Senate.
Advice and Consent: Senate approval is required for presidential appointments (high-level officials, cabinet heads, judges) and all treaties.
Impeachment: The ultimate check. The House of Representatives can impeach a president for "high crimes and misdemeanors," requiring a two-thirds vote in the Senate to convict and remove.
War Powers Resolution: Limits presidential war-making authority without congressional authorization.
Judicial Review: Federal courts check presidential actions to ensure compliance with the Constitution and federal law.
Youngstown Sheet & Tube Co. v. Sawyer: Landmark Supreme Court case reaffirming limits on executive power and the necessity of judicial oversight when executive actions infringe on constitutional boundaries.
Additional Informal Checks
Bureaucratic Inertia: Resistance or delay within executive agencies that makes rapid policy implementation difficult.
Public Opinion: Acts as an informal check by holding the administration accountable through approval ratings and elections.
Media Scrutiny: Highlights executive actions and potential overreach, influencing public perception.
State and Local Governments: Limit presidential reach, as the president cannot directly command state officials, only advise or incentivize them.