Unit 6: The Executive Branch 1. The Executive and the US Constitution Unit 6: The Executive Branch

The Executive Office The writers of the Constitution wanted a strong executive to enforce the laws made by Congress, respond quickly to situations when Congress could not, and hold the legislature in check. The word “president” comes from the word “preside,” meaning to watch over. The office exists in order to have someone watch over the country and “preserve, defend, and protect” it with limited power to quell public and political fears of a monarchy.

Qualifications Qualifications for the presidency? 35 years old Natural-born citizen 14 year resident

Qualifications Realistic qualifications Government Experience: name recognition, opportunities for political alliances, better understanding of governmental operations at various levels Money: have and use personal finances for campaigns Moderate Political Beliefs: most presidential candidates will place moderate for most issues on the political scale

Constitutional Duties Commander-in-Chief: The writers of the Constitution wanted a military controlled by civilians, and made the top civilian, the president, the head of the military. The President may ask several different advisors for advice on how and when to use the military, and presidential involvement in military affairs has varied from president to president. While the president controls the military, war is still declared by Congress.

Constitutional Duties Appointments: The president appoints the members of the cabinet, ambassadors, the Supreme Court, and federal court judges. Most appointments made by the president have to be approved by the Senate. This includes filling offices that become vacant.

Constitutional Duties The president is also the main foreign policy maker. It is the president’s job to welcome foreign diplomats, conduct affairs abroad with the help of ambassadors, and negotiate treaties should the need arise. While the Congress, can approve or disapprove of the president’s foreign policy, they can only truly deny treaties.

Constitutional Duties The president can grant pardons and reprieves to criminals in the United States. In most cases, this has been done posthumously. Pardon: forgiving wrongdoing Reprieve: delay of punishment

Constitutional Duties Enforce Laws: It is the president’s job to make sure the laws of the nation are enforced, and to help Congress and the Supreme Court enact laws that are best for the nation. Formal Address: The president must address Congress and the nation each year with an update on state of the union--the affairs and concerns of the country.

Informal Powers Implied Powers: personal exercise “…the president’s right and duty to do anything that the needs of the nation demanded unless such action was forbidden by the Constitution…” (TR)

Informal Powers Examples: TR and involvement in South America TJ and the LA Purchase Lincoln and the Civil War FDR and the expansion of the governmental powers The veto

Checks and Limits Congressional Override: override of a veto, confirmation of appointments, power of the purse, power to impeach. Supreme Court: review of actions. Bureaucracy: problems with interpretations, instructions, and/or information; time constraints. Public Opinion: “mandate,” success in office wins support from the people.

The Vice President Presides over the Senate and acts as tie-breaker. Decides presidential competency. Performs the random tasks assigned by the president.

Succession President Vice President Speaker of the House President pro tem State (1789) Treasury Defense Attorney General Interior Agriculture Commerce Labor Health & Human Services Housing & Urban Development Transportation Energy Education Veterans Affairs Homeland Security (2002) Succession