Executive Branch

Part 1: Qualifications and the Electoral College

Qualifications for Office

  • Age: 35 years

  • Residency: Must have lived in the U.S. for 14 years

  • Citizenship: Must be a natural-born citizen (also known as the "Foreign Born Clause")

    • Framers' Intent: Not concerned about immigrants, but feared outside noblemen from Europe.

  • Current Debate: Does this align with the idea of a nation built on immigrants?

The Electoral College

  • Total Electors: 538

    • Composition: 435 Representatives + 100 Senators

    • 23rd Amendment: Grants 3 Electoral Votes to Washington, D.C.

  • State's Electoral Votes: Equal to the number of Senators + Representatives (e.g., Connecticut has 7 electoral votes: 5 Representatives + 2 Senators)

  • 270 Votes Needed to Win

  • Tie Situations: The House of Representatives breaks electoral deadlocks.

Framers' Views on Elections

  • Did not trust the public to directly elect the president.

  • Believed states would vote for their favorite sons, leading to the House deciding on elections.

  • Noted flaws in the Framers' beliefs (Role of Political Parties)

Part 2: Changes to the Office

Election of the President

  • 12th Amendment: Introduced separate ballots for Presidential and Vice Presidential candidates.

  • 23rd Amendment: Increased Electoral Votes to 538 by adding 3 votes for Washington, D.C.

The Lame Duck Period

  • Definition: Time in office of an outgoing president after a new president has been elected but before the old one exits (usually applies to unpopular presidents).

  • 20th Amendment (1933): Moved the inauguration date from March 5th to January 20th.

25th Amendment (1967)

  • Provides for the Vice President to assume presidential duties

  • President can also pass temporary authority over to Vice President

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

Succession

  • 1947 Presidential Succession Act

    • Assigns a succession order to 18 positions beyond the president

Duration

  • 22nd Amendment (1951)

    • Limits presidents to two terms or a total of 10 years in office (The last part affects Vice Presidentā€™s filling a vacancy)

  • A presidential term is 4 years

Part 3: Powers of the President

Formal vs. Informal Powers

  • Formal Powers (In red)

    • Powers enumerated in Article II of the Constitution

  • Informal Powers (In blue)

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

    • Allow 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 otherwise bill goes into effect becoming a law

    • Congressional Check - Congress can override a presidential veto by 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

    • President plays a role in the nationā€™s budget process

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

      • Vetoing parts but not all

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

Chief Administrator

  • Signing Statements

    • President cannot change the wording of a bill

    • Used upon signing a bill

      • Explains the Presidentā€™s interpretation of the bill and how they understand to carry it out

  • Executive Order

    • Carry 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)

    ā˜… Judicial Check

    • Can be struck down by SCOTUS

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

  • Executive Privilege

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

    • Concept of Separation of Powers doesnā€™t force a President to reveal their decision making process

    ā˜… 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

    ā˜… Congressional Check - Advise/Consent of 51% 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

    ā˜… Congressional Check - War declaration made by Congress with 2/3 approval by both houses

  • President has the power to act quickly in military operations

    • Especially true with operations for defense/national security purposes

    • Limitations do exist

      • 1973 War Powers Act

Chief Diplomat

  • Represents the US

    • Receive ambassadors from other countries

    • Make treaties and executive agreements with other countries

    • Modern day - done mostly by Secretary of State

  • Treaties

    • Facilitate trade = NAFTA

    • Provide mutual defense = NATO

    • Set global environment policies = Kyoto Accords

    ā˜… Congressional Check - Advise/Consent of 2/3 of the Senate

  • Executive Agreements

    • Simple contracts between heads of state

      • Atlantic Charter (1941)

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

      • Allows for speed, secrecy, & avoidance of Congress

Part 4: The Presidentā€™s Team

Vice President

  • Constitutional Powers

    • President of the Senate

      • Presides/Admins the swearing in of new Senators

    • Votes on legislation when tie-breaker is needed

    • Takes over for the President when necessary

      • 25th Amendment

  • Political Importance

    • Role in the Government

      • As visible as the President wants them to be

    • Balancing the ticket

      • Picking a running mate that compliments the President or can help them politically

The Cabinet

  • Traditional body of the executive branch

    • ā€œPrincipal officers of the executive departmentsā€

  • Serves as an advisory board with little influence over presidential decisions

  • 15 Departments

    • First 3 - Treasury, State, War

    • 14 Departments are headed by Secretaries

      • Secretaries that are appointed/confirms

      • Department of Justice - Attorney General

    ā˜… Grown based on national need

    ā˜… Can include other Executive Office heads beyond the Department heads and Vice President