The Executive Branch

The President’s Role1) chief-of state: ceremonial head and symbol of all the people of the

nation - President Taft “the personal embodiment and rep. of their dignity and

majesty”2) chief executive: given broad powers in domestic and foreign affairs by the Constitution (“the most powerful office in the world”)3) chief administrator: head of one of the largest governmental

organizations in the world (over 2.7 million employees)4) chief diplomat: main architect of American foreign policy and the

nation’s chief spokesperson to the rest of the world - President Truman “I make foreign policy”

The President’s Role5) commander-in-chief: President has direct and immediate control of the

armed forces - War Powers Resolution, 1973

- AUMF or Authorization for Use of Military Force (after 9/11 attacks)6) chief legislator: main architect of public policy - initiates, suggests, requests, and demands that Congress act to pass legislation - often clashes w/Congress7) chief-of-party: acknowledged leader of the party in power8) chief citizen: “the representative of all the people”

- President F. D. Roosevelt “ …….. It is preeminently a place of moral leadership”

Formal Qualifications1. Be a “natural born citizen” - Martin Van Buren (8th) was the 1st President to be born in the U.S.2. be at least 35 years of age - youngest (JFK, 43) - oldest (R. Reagan, 69)3. Resident of the U.S. for 14 years

22nd Amendment: 1951, set the presidential limit of 2 terms or 8 years (max. of 10 yrs.)

Pay and Benefits

• Salary: $400K - G. Washington received $25K - pay was doubled in 1999• $50K expense allowance• Live in the White House• Air Force One• Camp David retreat (Maryland)• Pension of $196K per year after they leave office and Secret

Service protection for 10 years

Do you recognize any of these men?

Presidential Succession and the Vice Presidency

• Constitution did not provide for presidential succession to the V.P. in case of death or resignation• Powers and duties of the office would be “transferred”, not the position itself

Presidential Succession Act of 1947: established the order of succession1. V.P.

2. Speaker of the House

3. Pres. Pro-Temp of the Senate

4. Cabinet positions in the order in which they were created

Presidential Disability• Prior to the 25th Amendment, neither the Constitution nor Congress had made any

provision in case of a presidential disability

- Garfield - Wilson - Eisenhower25th Amendment, 1967

1. V.P becomes acting president If the president informs Congress in writing

2. Or the V.P. and a majority of Cabinet members inform Congress that the president is incapacitated

The Vice-President "Once there were two brothers. One ran away to sea; the other was elected vice president of the United States. And nothing was heard of either of them again"?Thomas Marshall (VP to Woodrow Wilson)

A former vice president upon his retirement turned down an honorary degree from Oxford University by saying that, “I did nothing to deserve it and that no one knew who I was”?Millard Fillmore (VP to Z. Taylor)

“Look at all the vice presidents in history. Where are they? They were about as useful as a cow’s fifth teat.” — Harry Truman, the 34th vice president

Duties of Vice-PresidentThe Constitution pays little attention to the office of the vice-president.Two Formal duties:

1) Preside over the Senate

2) Help decide the question of presidential disability• also referenced in the Constitution as the “President-in-waiting”

Why is the position deemed insignificant?

The V.P. is only “a heartbeat away from the presidency”.

“balancing the ticket” – vice presidential running mates are chosen by the candidate running for president

- chosen based on geography, ideology, race (can he/she help me get elected)

Path to the PresidencyWhy do we have the Electoral system?

Framers rationale:

1. lack of information and communication

2. Desire to select the “best” people (electors would act as “free agents”)

3. Compromise between direct election or having Congress elect the President

The Original Plan1) Electors from each state would cast two votes each for a different person for

President

2) Highest vote getter = President, runner-up = VP

3) Tie would be decided by Congress Election of 1800 brought changes to the electoral system and introduced

elements that are still in place today.

a. Party nominations

b. Nominations of candidates to serve as presidential electors

c. Automatic casting of Electoral votes in line w/their pledge12th Amendment: separate ballots for the President and VP

The Electoral College Defined as the group of people elected from

each State to formally select the Pres. and V.P.

How are the electoral votes calculated by states? Based on population Larger states have more electoral votes

- (California 55) Minimum number for a state would 3

- (Delaware, S. Dakota) Electoral votes per state=membership in Congress

- Ex. Alabama (7 members in the House + 2 Senators = 9 electoral votes)

Winning the Election “winner take all”: candidate who wins the popular vote gets all of the

electoral votes

- emphasis placed on winning large states (CA., FL., TX., NY) Magic number is 270 (majority) Electoral votes out of a total of 538 If a majority is not attained, the election is thrown to Congress

- each state has one vote

11 States To Get to 270: Is It Possible?????????????????

California + 55 (Blue)

Texas + 38 (Red)

Florida + 29 (swing)

New York + 29 (Blue)

Illinois + 20 (Blue)

Pennsylvania + 20 (swing)

Ohio + 18 (swing)

Georgia + 16 (Red)

Michigan + 16 (Blue)

North Carolina + 15 (swing)

Virginia + 13 (swing)

Total = 279

Criticisms of the Electoral System

1. President can win the electoral college and not win the popular vote (occurred four times)

2. Can win w/only a plurality of the popular vote (less than 50%)

3. If election is decided by Congress, small states have the same voting power as large states

4. Inhibits 3rd party candidates

Alternative PlansDirect election: “true” democratic election, every vote counts (NO electoral college)

District plan: candidate that wins the congressional district, wins that districts electoral vote

- state winner would get the 2 votes representative of the Senate seatsProportional plan: candidate gets the same % of electoral votes as popular votes

Power of the PresidencyConstitutional Powers - Article II of the ConstitutionA. Enumerated Powers - make treaties, commander-in-chief of the armed forces, approve or veto acts of Congress, etc.B. Executive Power Clause - “executive power shall be vested in a President of the United States” - basis for allowing the President to exceed his Enumerated Powers

Development of Presidential PowerPower and success of the President is dependent upon several factors.

1) Personality of the person holding office

2) Goals of the officeholder

3) Unity of the position

4) Complexity of our nation both economically and socially

5) Timing of critical events

Growth of the modern Presidency

• Today’s President has become ever more powerful and can be traced to FDR.

- elected to four terms

- Great Depression and WWII• FDR personalized the Presidency with his

“fire-side chats”

- use of the mass media• The modern president

- leads a large government

- plays an active role in domestic and foreign policy

- uses technology to get “close to the American public”

Formal Powers of the PresidencyA. Enumerated: specifically mentioned in the Constitution

1. Commander-In-Chief of the Army and Navy

- make un-declared war for up to 90 days

2. Chief Executive

- oath of office: swearing in of the President

- promises to “ faithfully execute” the laws

- grants pardons for Federal offenses(except Impeachment)

- nominates judges to the Supreme Court

Formal PowersForeign Affairs

3. Chief Diplomat

- appoints ambassadors ministers and consuls

- makes treaties subject to Senate confirmation

- receives Ambassadors

- Diplomatic recognition: acknowledging the legal existence of a country or state

Formal Powers4. Chief Legislator - State of the Union address to Congress - recommends “measures” to Congress - calls “special sessions” of Congress Veto Power - President can veto any bill (Congress can override with 2/3 vote, seldom occurs) - Pocket veto: Congress adjourns within 10 days of sending a bill to the President and he does not act on the legislation, the bill dies (only used at the end of a Congressional session) - “Veto Politics” : the President threatening to veto a bill “kills” or causes changes to legislation before it is passed

Informal PowersB. Executive Powers (Executive clause)

- similar to the “necessary and proper” powers provided Congress

- powers have broadened w/the “modern Presidency” (since FDR)

1. Executive Orders

- orders issued by the President carry force of law

- Ex. Clinton “don’t ask don’t tell” (gays in the military) or Bush and the

military tribunals

Informal Powers2. Executive Agreements: International agreements, usually related to trade, made by the President that has the force of a treaty

- does not need Senate approval

- Ex. Jefferson’s Louisiana Purchase, 1803

- FDR’s destroyer-for-base deal, 1940

3. Executive privilege: claim by a President that he has the right to decide

that the national interest will be better served if certain info. Is withheld

from the public, courts and Congress

- U.S vs. Nixon, 1973 : presidents DO not have unqualified executive

privilege (Watergate tapes)