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Unit 2: Module 2 (Executive Branch)

Part 1: Qualifications and the Electoral College

Qualifications:

  • Age = 35

  • Residency = lived in the U.S for 14 years

  • Citizenship = “Natural-Born Citizens”

    • Aka “Foregein Born Clause”

  • The Framers Intent

    • Not Worried about immigrants…

      • Feared outside noblemen from Europe

    • Topic for Political Debate today…

      • Does it align with the idea of a nation built on immigrants?

The Electoral College

  • The total # of Electors is 538

    • -435 Reps + 100 senators

    • The 23rd Amendment gives 3 Electoral Votes to DC

  • State’s electoral votes are = to the # of Senators + Representatives

    • Ex. CT = 7(5 reps + 2 senators)

  • 270 to win… The House Breaks Electoral Deadlock

  • Framers Intent

    • Did not trust the public to elect the president directly

      • States would vote for their favorite sons

      • The House decides on elections

    • Beliefs of the Framers were flawed…

      • Role of Parties

Part 2

Changes to the office

  • Election of the President

    • 12th Amendment = created separate ballots for the Presidential and Vice Presidential candidates.

    • 23rd Amendment = increased the electoral votes in the Electoral College to 538 by giving Washington D.C 3 electoral votes.

  • The Lame Duck Period = Time in office of the outgoing president

    • When a new president has been elected but before the exit of the old one

      • Usually reserved for unpopular presidents

    • 20th Amendment (1933) = Moved inauguration from March 5th to Jan. 20th

  • 25th Amendment (1967)

    • Provides for the VP to assume presidential duties

    • The president can also pass temporary authority over to the VP

    • Provides for the creation of a group of executive officers to declare the president fit for duty

  • Succession = Who takes over —how, why, when— when there is a presidential vacancy

    • 1947 Presidential Succession Act = assigns a succession order to 18 positions beyond the president

  • Duration = A presidential term is 4 years

    • 22nd Amendment (1951)

      • Limits presidents to two terms or a total of 10 years in office.

        • The last part affects VPs filling a vacancy

        • EX. Lyndon Johnson, Gerald Ford

Part 3: Powers of the President

Formal vs. Informal

  • Formal Powers are those enumerated in Article 2 of the Constitution

  • Informal Powers are not written in the Constitution but rather construed from other powers given.

    • Sometimes called Implied Powers

  • Informal Powers are those that allow the President to carry out agenda

    • Domestic and Foreign Policy Initiatives

Chief Legislator

  • Signing a bill into Law

    • It is the job of the Executive Branch to carry out the law

      • President can add signing statements to a bill when signing it into law.

  • Veto Power

    • 10 days to sign it into law or veto it — otherwise the bill goes into effect, becoming a law

      • Congressional Check: Congress can override a presidential veto by a 2/3 majority of both houses.

  • Pocket Veto

    • Done in the last 10 days of a Congressional session… only a president can call them back into session

    • The Bill dies and must start the whole process of becoming a law in Congress over again

  • The Line Item Veto

    • The president plays a role in the nation’s budget process.

    • Allowed presidents to eliminate a line of spending in the final budget appropriations bill from Congress

      • Vetoing parts but not all…

      • Declared unconstitutional in 1997 with Clinton vs. New York City

Chief Administrator

  • Signing Statements

    • The president cannot change the wording of a bill

    • Used upon signing a bill… explains the President’s interpretation of the bill and how they understand to carry it out…

  • Executive Order

    • It carries the same effect as law and allows the President to go around Congress

    • Cannot address matters that are exclusive to Congress (tax codes, currency, etc)

      • Judicial Check — Can be struck down by SCOTUS

        • Youngstown Steel And Tube Co. vs Sawyer (1952)

  • Executive Privilege

    • The right to withhold information from another branch, usually Congress

    • The concept of Separation of Powers doesn’t force a President to reveal their decision-making process

      • Judicial Check — can be struck down by SCOTUS

        • US vs. Nixon (1974)

  • Appointment Power

    • Judges, Scotus Justices, Ambassadors, Cabinet Secretaries, and certain Agency heads

    • Certain bureaucratic agency heads do not need Senate approval

    • Except for Judicial appointments, can fire at will

      • Congressional Check -- Advice/Consent of ⅔ of the Senate

  • Granting Pardons

    • Can grant them for any offense except impeachment

  • Convening Congress

    • Only the president can call Congress back into session

  • State of the Union

  • Required to give to Congress...has become much more

Commander-In-Chief

  • Oversees all branches of the Military

  • Responsible for the direction and disposition of the military

    • Day to Day operations goes largely to the Department of Defense

      • Congressional Check -- War declaration made by Congress w/ ⅔ approval by both houses.

  • The president has the power to act quickly in military operations

    • Especially true with operations for defense / national security purposes

    • Limitations do exist...ex. 1973 War Powers Act

Chief Diplomat

  • President represents the US 

    • Receive ambassadors from other countries

    • Make treaties and executive agreements with other countries

    • Modern-day --- done mostly by the Secretary of State

  • Treaties can be used for... 

    • Facilitate trade = NAFTA

    • provide mutual defense = NATO

    • set global environmental policies = Kyoto Accords

      • Congressional Check -- Must have ⅔ of Senate Approval

        • Treaty of Versailles

  • Executive Agreements = simple contracts between heads of state

    • Ex. Atlantic Charter (1941)

    • Only as binding as each side is willing to keep the promise

    • allows for speed, secrecy & avoidance of Congress

      • DOES NOT need ⅔ approval from the Senate

AY

Unit 2: Module 2 (Executive Branch)

Part 1: Qualifications and the Electoral College

Qualifications:

  • Age = 35

  • Residency = lived in the U.S for 14 years

  • Citizenship = “Natural-Born Citizens”

    • Aka “Foregein Born Clause”

  • The Framers Intent

    • Not Worried about immigrants…

      • Feared outside noblemen from Europe

    • Topic for Political Debate today…

      • Does it align with the idea of a nation built on immigrants?

The Electoral College

  • The total # of Electors is 538

    • -435 Reps + 100 senators

    • The 23rd Amendment gives 3 Electoral Votes to DC

  • State’s electoral votes are = to the # of Senators + Representatives

    • Ex. CT = 7(5 reps + 2 senators)

  • 270 to win… The House Breaks Electoral Deadlock

  • Framers Intent

    • Did not trust the public to elect the president directly

      • States would vote for their favorite sons

      • The House decides on elections

    • Beliefs of the Framers were flawed…

      • Role of Parties

Part 2

Changes to the office

  • Election of the President

    • 12th Amendment = created separate ballots for the Presidential and Vice Presidential candidates.

    • 23rd Amendment = increased the electoral votes in the Electoral College to 538 by giving Washington D.C 3 electoral votes.

  • The Lame Duck Period = Time in office of the outgoing president

    • When a new president has been elected but before the exit of the old one

      • Usually reserved for unpopular presidents

    • 20th Amendment (1933) = Moved inauguration from March 5th to Jan. 20th

  • 25th Amendment (1967)

    • Provides for the VP to assume presidential duties

    • The president can also pass temporary authority over to the VP

    • Provides for the creation of a group of executive officers to declare the president fit for duty

  • Succession = Who takes over —how, why, when— when there is a presidential vacancy

    • 1947 Presidential Succession Act = assigns a succession order to 18 positions beyond the president

  • Duration = A presidential term is 4 years

    • 22nd Amendment (1951)

      • Limits presidents to two terms or a total of 10 years in office.

        • The last part affects VPs filling a vacancy

        • EX. Lyndon Johnson, Gerald Ford

Part 3: Powers of the President

Formal vs. Informal

  • Formal Powers are those enumerated in Article 2 of the Constitution

  • Informal Powers are not written in the Constitution but rather construed from other powers given.

    • Sometimes called Implied Powers

  • Informal Powers are those that allow the President to carry out agenda

    • Domestic and Foreign Policy Initiatives

Chief Legislator

  • Signing a bill into Law

    • It is the job of the Executive Branch to carry out the law

      • President can add signing statements to a bill when signing it into law.

  • Veto Power

    • 10 days to sign it into law or veto it — otherwise the bill goes into effect, becoming a law

      • Congressional Check: Congress can override a presidential veto by a 2/3 majority of both houses.

  • Pocket Veto

    • Done in the last 10 days of a Congressional session… only a president can call them back into session

    • The Bill dies and must start the whole process of becoming a law in Congress over again

  • The Line Item Veto

    • The president plays a role in the nation’s budget process.

    • Allowed presidents to eliminate a line of spending in the final budget appropriations bill from Congress

      • Vetoing parts but not all…

      • Declared unconstitutional in 1997 with Clinton vs. New York City

Chief Administrator

  • Signing Statements

    • The president cannot change the wording of a bill

    • Used upon signing a bill… explains the President’s interpretation of the bill and how they understand to carry it out…

  • Executive Order

    • It carries the same effect as law and allows the President to go around Congress

    • Cannot address matters that are exclusive to Congress (tax codes, currency, etc)

      • Judicial Check — Can be struck down by SCOTUS

        • Youngstown Steel And Tube Co. vs Sawyer (1952)

  • Executive Privilege

    • The right to withhold information from another branch, usually Congress

    • The concept of Separation of Powers doesn’t force a President to reveal their decision-making process

      • Judicial Check — can be struck down by SCOTUS

        • US vs. Nixon (1974)

  • Appointment Power

    • Judges, Scotus Justices, Ambassadors, Cabinet Secretaries, and certain Agency heads

    • Certain bureaucratic agency heads do not need Senate approval

    • Except for Judicial appointments, can fire at will

      • Congressional Check -- Advice/Consent of ⅔ of the Senate

  • Granting Pardons

    • Can grant them for any offense except impeachment

  • Convening Congress

    • Only the president can call Congress back into session

  • State of the Union

  • Required to give to Congress...has become much more

Commander-In-Chief

  • Oversees all branches of the Military

  • Responsible for the direction and disposition of the military

    • Day to Day operations goes largely to the Department of Defense

      • Congressional Check -- War declaration made by Congress w/ ⅔ approval by both houses.

  • The president has the power to act quickly in military operations

    • Especially true with operations for defense / national security purposes

    • Limitations do exist...ex. 1973 War Powers Act

Chief Diplomat

  • President represents the US 

    • Receive ambassadors from other countries

    • Make treaties and executive agreements with other countries

    • Modern-day --- done mostly by the Secretary of State

  • Treaties can be used for... 

    • Facilitate trade = NAFTA

    • provide mutual defense = NATO

    • set global environmental policies = Kyoto Accords

      • Congressional Check -- Must have ⅔ of Senate Approval

        • Treaty of Versailles

  • Executive Agreements = simple contracts between heads of state

    • Ex. Atlantic Charter (1941)

    • Only as binding as each side is willing to keep the promise

    • allows for speed, secrecy & avoidance of Congress

      • DOES NOT need ⅔ approval from the Senate

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