ADVANCED AMERICAN GOVERNMENT

 “The execution of the laws is more important than the making of them.”— Thomas Jefferson  As chief executive, the President executes the provisions of federal law  Two constitutional provisions:  --The Oath of Office  --”he shall take care that the laws be faithfully executed”

 “I, (name), do solemnly swear (of affirm), that I will faithfully execute the Office of President of the United States and will to the best of my Ability, preserve, protect, and defend the Constitution of the United States.”—Article II, Section 1, Clause 8  Federal laws include: armed forces, social security, gun control, minimum wages, affirmative action, environmental protection, air traffic control, etc.

 He must execute all laws regardless of his views about them  Congress sets out basic policies and standards. Specific details (fine print) is left to the executive branch

 President is in charge of 2.7 million people that work in the executive branch  EXECUTIVE ORDER—a directive, rule, or regulation that has the effect of law.  ORDINANCE POWER—the power to issue executive orders arises from the Constitution and acts of Congress  Ordinance is not referred to specifically in the Constitution

 The Constitution anticipated the need for certain powers  The President also has the authority to authorize subordinates to issue orders  Congress has delegated more power to the President due to the size of government

 “by and with the Advice and Consent of the Senate…shall appoint Ambassadors, other public Ministers and Consuls…”— Article II, Section 2, Clause 2  APPOINTEES  Ambassadors, diplomats, cabinet members and their aides  Heads of agencies such as NASA & EPA  All officers in the Armed Forces

 Majority of Senators needed for approval  Senatorial Courtesy: Senator from a state where an appointment is to be made has a major opinion about the appointee.  RECESS APPOINTMENTS  Allowed by the Constitution  Appointments expire at the end of the Congressional Term  Graphic p. 395

 Opposite of the appointment power  Constitution doesn’t specify how or by whom appointed officers may be dismissed  THE HISTORICAL DEBATE  1 st Congress (1789) argued that the power to dismiss appointees should require Senatorial consent

 Others believed that the President could not “take care that the laws be faithfully executed” without a free hand to dismiss those who were incompetent  1867—Congress passed the Tenure of Office Act  Purpose was to restrict President Johnson from removing top officials, especially Secretary of War Edwin M. Stanton

 Johnson vetoed the bill but Congress voted to override  Johnson fired Stanton  The House voted to impeach Johnson  Johnson survived removal by 1 vote in the Senate  The law was ignored until its repeal in 1887.

 REMOVAL AND THE COURT  Myers v. United States 1926  1876—Law passed requiring President to get Congress’s approval before dismissing any 1 st, 2 nd, or 3 rd class postmasters  1920-President Wilson removes postmaster  Postmaster sues for his lost wages

 The postmaster said the 1876 law was violated  The USSC ruled the law unconstitutional  Humphrey’s Executor v. United States (1935)  Generally, the President may remove those whom the President appoints  More often, the person “resigns”  THE END