Executive Branch
WHO GETS TO DO IT?
Qualifications for Presidency
A college degree is not required.
Prior experience is optional.
Even convicted felons are eligible.
Ease of Entry
Surprisingly accessible compared to entry-level jobs.
Lower barriers to entry on paper.
WHO REALLY GETS TO DO IT?
Fancy Pedigree
Despite low formal requirements, a prestigious background often prevails.
Money, power, know-how, and connections are essential.
Pedigree Components
Ivy League education.
Successful military career.
Political office experience.
Financial Prerequisites
Money is crucial for funding campaigns.
Wealthy connections facilitate fundraising.
Demographic Influence
Historical trend favors white males.
Racial and gender biases are evident in the success of candidacy.
WHAT THE PRESIDENT DOES
Article II of the U.S. Constitution describes the president's job within the executive branch.
Division of power across three branches to prevent authoritarian rule.
Framers aimed for an executive role without resembling a monarch.
Roles of the President
Chief Executive
Commander in Chief
Chief of State
Chief of Party
Chief Diplomat
Guardian of the Economy
Legislative Chaperone
Chief Executive
The primary power is to ensure the enforcement of federal laws.
The president heads the executive branch.
Derived from Article II, Section 3 ("Take Care Clause").
"He shall take care that the laws be faithfully executed."
Duty
Respect laws passed by Congress.
Ensure that he and his agencies follow laws.
Power
Discretion to not enforce laws deemed unconstitutional.
Constitutional Interpretation
Ambiguity in the Constitution leads to ongoing debates and interpretations.
The "Take Care Clause" leaves room for discretion and Interpretation.
Illustrates the complex nature of Constitutional law and its evolution over time.
APPOINTMENTS
Chief Executive Responsibilities
The president oversees approximately four million employees in the executive branch.
Delegation is necessary for effective management.
The president selects individuals to lead various agencies and bodies within the executive branch.
Types of Appointments
Cabinet Members
Includes the vice president, fifteen executive department heads, and special advisors.
Appointed by the president.
Other Appointments
Ambassadors.
Agency heads.
Committee heads.
U.S. attorneys.
Supreme Court judges.
Appointment Process
The president has the authority to nominate individuals for high positions.
Senate confirmation is required for most appointments.
Exceptions may exist based on specific laws or agreements.
COMMANDER-IN-CHIEF
Constitutional Provisions
When called into service, the president is designated as the commander-in-chief of the Army, Navy, Air Force, and state militias.
Despite this role, the president is a civilian, not a military member.
Limitations and Powers
The president cannot declare war; this authority lies with Congress.
Rulemaking for the military is also under Congress's jurisdiction.
However, the president holds significant powers as commander-in-chief:
Command troops and conduct operations during wartime.
Authorize a nuclear strike.
Appoint, promote, and dismiss military officers.
Deploy troops domestically to address the unrest.
Defend against attacks on the U.S.
Order retaliatory attacks and invasions.
Set military policy changes.
Nuclear Launch Protocol
The president carries a "football" containing codes and options for launching a nuclear attack.
Identity verification is ensured through a plastic card called the "biscuit."
War Powers and Constitutional Interpretation**
Despite the Constitution's requirement for Congressional approval for war, presidents have engaged in conflicts without formal declarations.
Using "police action" enables military engagements without explicitly declaring war.
Historical precedent, legislation, and interpretation of the Constitution have expanded the president's authority to use military force.
LEGISLATIVE CHAPERONE
Division of Powers
The founders divided powers between the President and Congress to prevent autocracy.
The Constitution grants Congress the authority to make laws.
Presidential Influence
Despite Congress's legislative authority, the President holds significant Influence due to visibility and global stature.
The President presents a legislative agenda during the State of the Union address and lobbies Congress to enact it.
Executive Power: Veto
The President possesses the power to veto bills passed by Congress.
Upon receiving a bill: sign, ignore (de facto law), or reject and send it back with objections.
Congressional Check: Veto Override
Congress can override a presidential veto with a two-thirds majority vote in both the House and the Senate.
Ensures balance of power and prevents unilateral executive control over legislation.
Executive Orders
Definition and Authority
Executive orders are directives issued by the President to executive agencies, outlining specific actions or policies.
They are used to enact significant changes without congressional approval.
Historical Examples
1952, all of America's steel mills were seized and nationalized through an executive order.
In 1948, the segregated military was integrated via executive order.
Congressional Response
Congress has the power to counter executive orders, but with challenges:
Pass a law to invalidate the executive order.
Withhold funding for implementation.
Overriding an executive order requires a supermajority vote to override a presidential veto.
Political Implications
Challenging a president's executive order can be politically risky, potentially causing conflict with the country's leader.
CHIEF OF STATE
Role Definition
Chief of State: An unofficial role where the President symbolizes and represents the United States.
Serves as the country's primary spokesperson and embodies American democracy.
Signifies the President's star power and celebrity status.
Comparison with Other Countries
In some nations like Great Britain, the head of state (king or queen) is a symbol while someone else governs.
In the U.S., the President combines symbolic representation with executive authority.
Ceremonial Responsibilities
President fulfills various ceremonial duties to maintain their public image:
Throwing the first pitch of the baseball season.
Welcoming foreign dignitaries to the U.S.
Participating in events like the White House Egg Roll.
Awarding the Presidential Medal of Freedom.
Hosting events for college football champions.
Other ceremonial tasks include planning their funeral, purchasing a dog for relatability, attending the Correspondents' Dinner, and giving speeches.
Importance
Although ceremonial, these responsibilities contribute to the President's image and public perception.
Reflects the intersection of presidential duties with public relations and symbolism.
CHIEF OF PARTY
Role of Chief of Party
The President serves as the chief of their respective political party, wielding influence over party matters and strategy.
While not constitutionally mandated, political parties, symbolized by the donkey and elephant, are pivotal in American politics.
Election Strategy
Before assuming office, the President must garner nationwide support for their candidacy and ideas.
Building alliances with special interest groups is crucial, promising to fulfill their aspirations.
Supporting Candidates
The President endorses and campaigns for party candidates, aiming to increase their representation in Congress.
A more prominent party presence in Congress facilitates the implementation of the President's policy agenda.
Appointment Powers
The President can appoint and dismiss their party's national committee chair.
This authority ensures alignment between the President's objectives and party leadership.
Consequences of Unpopularity
An unpopular President risks alienating supporters and damaging the party's reputation.
Declining approval ratings can hinder the President's ability to advance their policies through Congress.
Example: Jimmy Carter faced challenges in Congress due to weak approval ratings and perceived shortcomings in foreign policy and economic management
CHIEF DIPLOMAT
Role of Chief Diplomat
The President serves as the primary diplomat of the nation, engaging in negotiations and setting foreign policy.
Responsibilities include hosting foreign dignitaries, traveling abroad for diplomatic missions, and finalizing agreements.
Treaties and Senate Approval
Treaties, formal agreements between nations, cover various subjects such as peace, trade, and human rights.
To ratify a treaty, the President needs approval from two-thirds of the Senate.
Historical Treaty Examples
Treaty of Paris (1783): Ended the Revolutionary War, negotiated by Franklin, Adams, and Jay.
Treaty of Greenville (1795): Ended the Battle of Fallen Timbers, leading to Native American land concessions.
Louisiana Purchase: Acquired vast territory from France for $15 million.
Treaty of Ghent (1814): Ended the War of 1812 between the US and Britain.
Treaty of Guadalupe Hidalgo: Ended the Mexican-American War, resulting in significant territorial acquisitions.
Treaty of Paris (1898): Ended the Spanish-American War and led to the acquisition of Puerto Rico, Guam, and the Philippines.
The North Atlantic Treaty (1949) Formed NATO to ensure mutual defense against the Soviet Union.
Executive Agreements
Executive agreements are international deals made by the President without Senate approval.
They carry the same weight as treaties but can be done more swiftly and sometimes secretly.
Despite not being explicitly mentioned in the Constitution, they are considered legally binding, with the Supreme Court affirming their validity in United States v. Belmont (1937).
GUARDIAN OF ECONOMY
Guardian of the Economy
While not an official role, presidents heavily focus on economic matters, significantly impacting their popularity and reelection chances.
Although the President can't directly control the economy, they have significant influence through various mechanisms.
Influence on Economic Policies
The President appoints the chair of the Federal Reserve, which plays a crucial role in maintaining economic stability and growth.
Proposing budgets to Congress allows the President to shape fiscal policy, affecting inflation, exchange rates, and taxes.
Engaging in negotiations with Congress, the President works to implement financial policies that align with their economic vision.
Responsibility and Blame
Presidents often face blame or credit for the state of the economy, regardless of their direct control.
They're held accountable when economic conditions worsen, impacting people's financial well-being and affordability of goods and services.
Other Presidential Powers
Convening and adjourning Congress during emergencies.
Granting pardons and reprieves for federal crimes, except in cases of impeachment.
Declaring states of emergency or federal disaster areas.
Establishing or abolishing federal agencies through executive actions.
Exercising executive privilege to withhold certain information deemed against national interests.
They face trials for offenses such as treason and bribery through impeachment, leading to removal from office but not incarceration.
Recognizing foreign governments.
Making ambitious promises, like voyaging to the moon.
THE VICE PRESIDENT
Role of the Vice President:
The Vice President holds the Constitutional position of President of the Senate, with limited voting power to break ties.
Historically considered an insignificant role, the Vice Presidency has evolved over time, gaining more prominence and responsibilities.
Constitutional Duty and Evolution:
Initially, the Vice President's role was primarily ceremonial, presiding over Senate sessions without significant authority.
The Twelfth Amendment altered the process of electing the Vice President, enhancing the position's significance.
Modern Vice Presidential Role:
Vice Presidents now play active roles in advising the President, conducting foreign diplomacy, crafting policy, and representing the administration.
Their duties include attending funerals on behalf of the President, negotiating with Congress, and assisting in various governmental functions.
Historical Significance and Changes:
The Vice Presidency was once considered a secondary position, with limited influence in the executive branch.
Franklin D. Roosevelt's administration marked a turning point, as Vice Presidents began to play more substantial roles in governance.
Relationship with the President:
The Vice President's status and influence depend heavily on their relationship with the President.
While traditionally seen as a subordinate role, Vice Presidents can wield considerable power and influence if trusted by the President.
Serving at the Pleasure of the President:
Vice Presidents, like other executive branch officials, serve at the pleasure of the President and can be dismissed at will.
This underscores the President's authority over appointments and terminations within the administration.
Executive Office of the President (EOP):
The Vice President's office falls under the EOP umbrella, although historically its role was limited.
The EOP consists of various agencies and organizations tasked with supporting the President's agenda, covering a wide range of policy areas.
THE CABINENT
The Department of State, led by the Secretary of State, is responsible for managing foreign affairs and diplomacy.
Functions include conducting negotiations, issuing passports, promoting economic relations, and overseeing the Foreign Service.
INDEPENDENT AGENCIES
Federal Trade Commission (FTC):**
Mandate: Promotes consumer protection and enforces non-criminal antitrust laws.
Federal Election Commission (FEC):**
Mandate: Enforces campaign finance law.
Federal Communications Commission (FCC):**
Mandate: Regulates interstate and international radio, television, cable, wire, and satellite communication.
Central Intelligence Agency (CIA):**
Mandate: Primary human intelligence provider for the federal government. Gathers foreign intelligence and provides policymakers with national security assessments. Director has unique spending authority.
Environmental Protection Agency (EPA):**
Mandate: Enforces environmental standards with over 14,000 employees.
Securities and Exchange Commission (SEC):**
Mandate: Protects investors by regulating stock exchanges and preventing securities fraud.
Small Business Administration (SBA):**
Mandate: Supports small business interests, provides loans, aids in disaster recovery, and facilitates federal government contract work for small businesses.
Social Security Administration (SSA):**
Mandate: Administers retirement, disability, and survivors’ benefits.
United States Postal Service (USPS):**
Mandate: Delivers mail and operates post offices.
National Labor Relations Board (NLRB):**
Mandate: Prevents and polices unfair labor practices.