Overview of the Executive Branch

• Article 2 of the Constitution establishes the structure, roles, and powers of the Executive Branch.

• The purpose of the Executive Branch is to execute federal laws and defend the Constitution.

• Head: The President is the chief executive of the Executive Branch.

Presidential Qualifications

Constitutional Qualifications

• Native born citizen

• At least 35 years old

• 14-year resident of the United States

Unwritten Qualifications

• Traditionally a white, married male (exceptions include Grover Cleveland and Barack Obama).

• Predominantly Protestant (exceptions: JFK – Catholic, Biden – Catholic).

• Affiliates with a major political party.

• Military service is often seen as beneficial.

• Public speaking skills are important.

• Height typically over average (5' 11”); average male is 5'9”.

• Most are college educated and many hold law degrees.

• Prior government experience is common (notable exception: Donald Trump).

Presidential Elections

• On Election Day (the Tuesday after the first Monday in November), votes are cast for Presidential Electors.

• Electoral College formally elects the President in January following the general election.

• 12th Amendment (1804): Changed electors' voting process to separate votes for President and Vice President.

Presidential Selection Process

• Primary elections in spring narrow down candidates.

• Inauguration occurs on January 20th following the election.

• 20th Amendment (1933): Adjusted the start of presidential and congressional terms to January.

• Candidates are nominated at National Conventions in the summer.

Presidential Term and Compensation

• Term Length: Presidents serve four years, limited to two full terms by the 22nd Amendment (1951).

• Salary: $400,000 annually, plus benefits such as health care, $50,000 expense account, and a pension.

• Provided accommodations include the White House, Camp David, and Blair House for guests.

• Protection includes Secret Service and the use of Air Force One.

Roles of the President

Chief Executive

• Enforces the Constitution and federal laws.

• Issues executive orders, directives that have the force of law.

• Executive orders can be overturned by Congress or challenged in court.

Commander in Chief

• Civilian head of the military, appoints military officers, and directs military strategy.

• War Powers Act (1973) limited powers to send troops to combat without congressional approval:

  • Inform Congress within 48 hours of deployment.

  • Troops can engage for 60 days without approval.

Chief Legislator

• Influences legislation through proposing budgets, recommending bills, and giving the State of the Union address.

• Can sign bills into law or veto them, including using pocket vetoes.

Chief Diplomat

• Conducts foreign policy and appoints ambassadors.

• Responsible for making treaties (requiring Senate approval) and executive agreements (not requiring Senate approval).

Chief of State and Party Leader

• Represents the United States in ceremonial contexts.

• Leads their political party by fundraising and supporting members.

Judicial Powers

• Appoints federal judges, including Supreme Court justices (requiring Senate approval).

• Can issue pardons, reprieves, commutations, and has the power of clemency.

Congressional Checks on Presidential Power

• Senate confirmation is needed for appointments.

• Congress can override vetoes and pass laws that limit presidential power.

• Supreme Court can declare presidential actions unconstitutional.

The Vice President

Roles

• Presides over the Senate, may vote only to break ties.

• Becomes President if the current President is unable to serve.

• Assigned duties by the President and has no term limit.

Compensation and Succession

• Vice President receives $230,000 per year and $20,000 expense account.

• The Presidential Succession Act of 1947 defines the line of succession following the Vice President.

Federal Bureaucracy

• Composed of the Cabinet and other Executive Departments.

• The Cabinet ministers, secretaries of 15 departments, support the President.

Major Executive Departments

1. Department of State - Foreign relations and ambassadors.

2. Department of Defense - Maintains armed forces and military affairs.

3. Department of Justice - Enforced federal laws and oversees the FBI.

4. Department of Health and Human Services - Manages social security and Medicare.

Independent Agencies and Regulatory Commissions

• Created by Congress, independent of Executive Departments.

• Set and enforce regulations (e.g., Environmental Protection Agency).

Civil Service System

• Comprises the workforce of the federal government, insulated from political changes.

• Entered through competitive exams established by the Pendleton Act (1883) to prevent corruption.

Government Corporations

• Government-owned businesses that perform specific functions (e.g., Amtrak, USPS).

• The Executive Office of the President aids in management and policy advising.