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Presentation on theme: "US GOVERNMENT TEST #4."— Presentation transcript:


2 Executive Branch President Vice President Executive Departments

3 Constitutional Roles of the President
Chief of State – ceremonial Chief Executive – domestic and foreign affairs powers given by the constitution. Chief Administrator – directs an administration of 2.7 million civilians and spends over a $ Trillion a year Chief Diplomat – foreign policy Commander-in-chief – head of the military

4 Chief Legislator – shapes the Congressional agenda
Chief of Party – leader of his political party Chief Citizen – expected to lead the people

5 Pay - $400,000 plus $50,000 expense account Term
4 years 22nd limits to 2 terms Qualifications Natural born citizen 35 years old Resident of the U.S. for 14 years

6 Presidential Succession
Vice President 1st time in 1841 – constitution only says he will take over the duties not the actual office – clarification by the 25th Amendment Speaker of the House President pro tempore of the Senate Secretary of State Secretary of Treasury The rest are the cabinet positions in the order of their creation

7 Vice-President Provides over the Senate Only votes to break a tie
Helps decide the disability of a President “balances the ticket” for an election

8 Selection of the President
“Wisest and best man” Hamilton’s Plan – Presidential electors with 2 votes each for a different candidate – 1st would be President, 2nd would be VP 1796 – JQ Adams wins by 3 votes and Jefferson becomes VP – opposing parties

9 House of Representatives decided in favor of Jefferson
Election of 1800 – tie between Jefferson and Burr because the votes were by party line House of Representatives decided in favor of Jefferson 3 new elements Party nominations Separate nominations for Pres. And VP Automatic votes in line with pledges 12th Amendment – separated electoral votes

10 Presidential Nominations
Party conventions established by the committee Apportionment by delegates – party give each state # based on electors plus bonus if state supported prior candidates Selection of delegates established by the party and state law

11 Presidential Primaries
An election by party voters to choose delegates and express preferences 75% of delegates 1905 – 1st (Wisconsin Reforms) 44 states hold primaries – mostly by Democrats New Hampshire has the 1st every 4 years Proportional representation varies – some states have “winner take all”

12 Caucus-Convention Process
Party voters meet in local level groups Choose delegates Iowa has the earliest - Republican

13 National Convention Platform – principles and objectives
Keynote Address – Best orator delivers speech to motivate and establish general goals

14 The Election Electoral College Based on members of Congress
Framers wanted electors to use their own judgment, but “rubberstamp” today Chosen by popular vote – “winner take all” except Maine and Nebraska – 2 at large/others by district Election 1st Tuesday after 1st Monday in Nov. Electoral vote – Mon. after 2nd Wed. in Dec. at State Capital, then sent to the Pres. Of the Senate

15 Jan. 6 – President of the Senate reads the votes
No Majority or a tie – House votes on top 3 – 1 per state with 26 needed to win – if none is selected, VP acts as President until one is chosen If no majority for VP – Senate will choose (Richard Johnson)

16 System Flaws Popular vote winner not guaranteed Presidency
1824, 1876, 1888, 2000 (Supreme Court voted 5-4 to give Bush Florida’s votes making him the winner 15 Presidents won a plurality not majority Electors are not required to vote according to popular vote 9 times, electors voted for someone other than the popular vote winner Elections may have to be determined by the House of Representatives 1800, 1824 House votes as by state, not individual member

17 Reforms District Plan – Elector chosen from each district of a state and must vote based on the popular vote of that district – solves “winner take all” – doesn’t solve popular vote issue Proportional Plan – candidate would receive the same share of a state’s electoral vote as in popular vote. Ex. – win 40% of popular vote of a state with 20 electors, get 8 electors –eliminates the “winner take all” and puts electors in line with popular vote, but does not solve the popular vote issue. Create more 3rd party interest.

18 Direct Popular Vote each vote counts the same with the winner having a majority or plurality. Need an amendment – House passed it in 1970 &1979 but killed by the Senate. Opposed by small states who are now overrepresented As it stands, a candidate only needs to win the 11 most populated states to get a majority of electoral votes

19 Growth of Presidential Powers
Set powers Commander in chief Makes treaties Approves or vetoes laws Sends and receives diplomats Grants pardons

20 Reasons for Growth Only one person in charge as opposed to the legislature Demands caused by industrialization National emergencies Congress passed laws to delegate authority to the executive branch to carry out laws. Use of mass media

21 Executive Powers Executing the law – all Federal law and day to day administration of the law is worked out by the executive branch Ex. – immigration law requires those seeking permanent admission must “read and understand some dialect or language” – What does this mean? answer is determined by the Immigration and naturalization service which is part of the Dept. of Justice

22 Ordinance Power – issue orders to implement laws due to slow legislative process
Executive order – directive, rule or regulation that has the effect of law Ex. – rationing during WWII

23 Appointment Power Ambassadors and diplomats
Heads of independent agencies (EPA, NASA) Federal Judges, Marshalls, and Attorneys Cabinet members and top aides All officers in the armed forces

24 Removal Power Can remove all appointees except Federal Judges
1867 – Tenure of Office Act

25 Diplomatic and Military Powers
Treaty – formal agreement between 2 states – must be approved by 2/3’s of the Senate and can not conflict with the Constitution. Versailles Treaty failed by 49 to 35 vote Executive Agreement – a pact between the President and the head of a foreign state Lend-Lease Recognition – acknowledge the legal existence of a country and its government Panama Israel -1948

26 Commander in Chief 1907 Great White Fleet 1794 Whiskey Rebellion
1800 North Africa – Barbary Coast Pirates 1950 – Korean Conflict 1964 – Vietnam Conflict

27 War Powers Act – 1973 – limits the power of the President to send troops without the approval of Congress 48 hrs. after committing troops, Congress must be notified Combat commitment – 60 days – extended by Congress Congress can end it by concurrent resolution

28 Monroe Doctrine – 1823 Stated of US concerns in W. Hemisphere
Forbade recolonization by Europe 1st statement of foreign policy concerning the W. Hemisphere

29 Legislative and Judicial Powers
Recommends legislation – guides Congress Messages to Congress State of the Union Budget Economic Report

30 Veto Can sign bill Can veto bill
Can not act on a bill within 10 days allowing the bill to become law Pocket veto – doesn’t act on a bill within 10 days but the congressional session ends first

31 Line item veto President may veto parts of a bill instead of the whole bill Passed in 1996 1998 – Supreme Court ruled 6-3 against – must become an amendment

32 Judicial powers Reprieve – postponement of execution of a sentence
Pardon – legal forgiveness for a crime Clemency – mercy or leniency Amnesty – blanket pardon for a group Commutation – reduce length of sentence or fine

33 Federal Bureaucracy Bureaucracy – large, complex administrative structure that handles the everyday business of an organization

34 Office of Homeland Security – coordinates national strategy to safeguard against terrorism
National Security Council – advises the President on domestic, foreign and military matters relating to national security Pres., VP, Sec. of State, Sec. of Defense, CIA Director, and head of Joint Chiefs of Staff

35 Executive Dept. State* Treasury* Defense* Justice Interior Agriculture
Commerce Labor Health and Human Services Housing and Urban Development Transportation Energy Education Veterans Affairs

36 Independent Regulatory Agencies
Federal Reserve Board Federal Trade Commission Federal Communication Commission National Labor Relations Board Federal Maritime Commission Consumer Product Safety Commission Nuclear Regulatory Commission Commodity Futures Trading Commission Federal Energy Regulatory Commission

37 Civil Service Replaced “Spoils System”
Created after President Garfield’s Assassination Pendleton Act – some Federal jobs would be decided by a test rather than appointment

38 Federal Court System Dual Court System Federal Courts Supreme Courts
Inferior Courts Constitutional special Term Appointment made by the President usually along party lines though they are able to act on their own once on the bench

39 Federal District Courts
94 districts including territories Criminal cases – defendant has committed an action declared by Federal law to be a crime Civil cases – none criminal matter, dispute over contract or patent claims Court of Appeals – 12 in the U.S. and its territories Docket – list of cases to be heard

40 Supreme Court Marbury v. Madison – Adams filled posts after his defeat in Jefferson told Madison not to deliver the commissions. Marbury wanted the Supreme Court to force the delivery. Marshall refused the request because the part of the Judiciary Act of 1789 used by Marbury was unconstiutional.

41 3 Propositions Constitution is Supreme Law Legislative Acts and other government actions are subordinate to the Constitution Judges are sworn to uphold the Constitution and can refuse to enforce actions that conflict with it.

42 Supreme Court Opinions
Majority – the reasons for which the decision is based Precedents – examples to follow in similar cases as they arise in the lower courts Concurring – one or more justices write to add or emphasizes a point not made in the majority opinion Dissenting – written by a justice who did not agree with the decision and why

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