THE EXECUTIVE BRANCH

“faithfully execute the laws of the United States.” The Executive Branch REQUIREMENTS 1. Must be at least 35 years of age 2. Must be a natural born citizen * 3. Must have lived in the U.S. for 14 years Article II “faithfully execute the laws of the United States.” Created office of the President & Vice President *****Although not specifically states, the requirements for the Vice President are the same as the requirements for the President

The Executive Branch POWERS- Commander in Chief Importance: Civilian leader of the military Prevents military dictatorship within history THIS DOES NOT MEAN THE PRESIDENT DECLARES WAR!!!!! *CONGRESS DECLARES WAR *WAR POWERS ACT Presidents who have used this power- Lincoln, T.Roosevelt, Truman, Johnson, Nixon

War Powers Review the critical sections of the Constitution Summarize the relative responsibilities of the President and Congress Does Congress have any say over the military once war is declared? Can Congress attach conditions or restrictions on the President in its declaration of war? Does the President only become the commander-in-chief after war is declared? Can the President order troops into another part of the world without Congressional approval?

War Powers Why would a president act without seeking Congressional approval? Why would Congress and the public allow this to happen? What anxieties/security concerns contributed to the sense that the President needed increased authority? What technological factors contributed to the belief that the President needed the power to act swiftly without consulting Congress?

War Powers Review the War Powers Act- circle/underline/translate the key provisions Will the War Powers Act restore an appropriate balance between Presidential and Congressional power? Is this act consistent with the Constitution’s terms and intentions? Does the President retain the flexibility he needs? Does Congress retain control over where and when the United States goes to war? Is 60 days long enough? Too long? Could enemies just wait out the 60 days? Can the President force Congress to declare war by deploying troops in hostile situations? Can Congress constitutionally force the President to withdraw troops that he has legally deployed?

The Executive Branch POWERS- Pardons & Reprieves Importance: Check on the Judicial branch PARDON: Official government forgiveness of a crime REPRIEVE: Shortening/Commuting a sentence Famous pardons: Eugene Debs (Harding); FORD PARDONS NIXON Some are controversial because they are done at end of administration Pardons & Reprieves are final, but if done with illegal intentions, President is subject to penalty (Clinton)

The Executive Branch POWERS-Veto Power Importance: Check on Legislative Branch President becomes involved in the creation of legislation with this threat Power of veto demonstrates power of the office or lack thereof (if overridden) Total Vetoes-2560 Total Overrides-110 Percentage of vetoes overridden- 4% (http://www.infoplease.com/ipa/A0801767.html) Line Item Veto???

The Executive Branch POWERS- Treaty making Importance: Allows President to be major player within foreign policy arena This power is shared with Senate, who must ratify the treaty by 2/3 majority Famous Treaties: Treaty of Versailles (not passed), NAFTA, creation of NATO Total # of treaties rejected by Senate- 21

The Executive Branch POWERS- Appointments Importance: Check on judiciary and important in creation and executing policy Very rarely is President’s choice declined Simple majority vote needed (SENATE) 27 Supreme Court nominees have been rejected (153) 9 presidential cabinet appointees have been rejected Recess Appointments????

The Executive Branch POWERS- State of the Union Importance: Public persuasion Allows President to announce policy goals and direction of country Does not have to be done in person From Jefferson to T. Roosevelt, done by letter; Wilson begins making it in person

The Executive Branch POWERS- Calling Sessions of Congress President may call special sessions of Congress for important matters Check on the Legislative Branch

The Executive Branch The Ordinance Power Executive Orders/Agreements Not a formal power Exec. Order: acts with the power of a law Exec. Agreement: acts with the power of a treaty Differences: 1)these do not go through Congress and 2) does not have to be followed by next President Can be ruled unconstitutional by courts

Executive Order by President

INFORMAL POWERS

The Executive Branch The President- The Bully Pulpit “The job of the president is not one of command but one of persuasion.” “The job of the president is to persuade people “to do the things they ought to have the sense enough to do without my persuading them.”- Harry Truman 3 major audiences- DC politicians, Party politicians, General public Goal: Turn public support into influence

Executive Privilege •Refers to the assertion made by the President or other executive branch officials when they refuse to give Congress, the courts, or private parties information or records which have been requested or subpoenaed, or when they order government witnesses not to testify before Congress. •The assertion is based on the constitutional doctrine of separation of powers, is always controversial, subject to interpretation, and often rejected U.S. v Nixon- Famous case dealing with Executive Privilege

Executive Branch Checks and Balances THE EXECUTIVE BRANCH THE LEGISLATIVE BRANCH THE JUDICIAL BRANCH Can veto laws Can call special sessions of Congress Negotiates Treaties Executive Privilege Appoints Judges Can pardon and reprieve criminals

Presidential Succession Act-1947 NOT IN THE CONSTITUTION Vice President Speaker of the House President Pro Temp (Most Senior member of the Majority party in the Senate) Cabinet Secretaries (in order their department was created)

The Executive Branch Other Interesting Facts & Info Compensation •Salary: $400,000 (upgraded from $200,000) •Free Housing (The White House) •Free Transportation (Air Force One + Limo service) • Fringe Benefits: Free Health Care, Secret Service •Pension: $191,300/year for life, Spouse: $20,000/year

The Executive Branch Amendments Dealing w/ President Amendment 12: Electoral college shall have separate votes for President and Vice President Amendment 20: Inauguration Day: Jan. 20, if President elect dies before taking office, Vice President elect shall become new president

The Executive Branch Amendments Dealing w/ President Amendment 22: Known as the FDR amendment, no president shall serve more then 2 terms or 10 years in office Amendment 25: Known as the JFK amendment, 1) when vacancy opens in Vice President office, President may appoint new one w/ consent from both houses, 2) President may temp give up position by written letter to SOTH & Pres. Pro Temp (must write new letter to resume power) 3) Vice President and majority of cabinet can write letter to remove President, or 2/3 of Congress can declare the President unable to rule

How Do We Elect Our Presidents? Primaries, Caucuses, and the Electoral College

Primaries & Caucuses Primaries and Caucuses are how the parties select their candidate Difference between P’s and C’s Open vs Closed vs Blanket Primaries http://www.khanacademy.org/video/primaries-and-caucuses?playlist=American+Civics This is seen as more democratic than the old system of letting party bosses select candidates Problems: Frontloading, TV/Media, $

The Election of the President of the U.S. The Electoral College http://www.commoncraft.com/video/electing-us-president http://www.youtube.com/watch?v=OUS9mM8Xbbw&feature=feedu http://www.youtube.com/watch?v=7wC42HgLA4k&feature=relmfu http://www.youtube.com/watch?v=ec9-vGUQkmk Is it a necessary evil or an outdated institution????

The Electoral College WHAT IS IT? WHY HAVE IT? -Gives power to small states -Check upon illiterate people WHAT IS IT? •Every state is allotted votes based upon # of Representatives and Senators. This vote actually chooses the President. ** HOW DOES IT WORK? •Parties pick slate of people who commit to voting for their party’s candidate; FAITHLESS ELECTOR General Election held 270 electoral votes to win (if no winner, election to the House); WINNER TAKE ALL SYSTEM

2008 Election Results

2000 Election In 2000, George W. Bush carried 2,439 counties to 674 for Sen. Al Gore. Bush lost the popular vote but won the election.

Historical Elections- Problems w/ the Electoral College Election of 1800- Jefferson vs Burr- No majority -Election goes to the House -Result: 12th Amendment Election of 1824 J.Q. Adams vs Andrew Jackson -No majority -Election goes to the House Election of 1888 & 2000 Benj. Harrison & George W Bush become President even though they lose popular elections Election of 1876 Sam Tilden (D) 4,284,020 Rutherford Hayes (R) 4,036,572 How did he win? Tilden- 203 Hayes- 166 How did he win Congressional review of election ( 3 states-19 Elec votes) Committee- 9 Rep vs 8 Dem Committee agrees to change outcome in each state

Is the Electoral College Fair? California- 55 electoral votes-10.2% of electoral votes-12% of population Texas- 34 electoral votes-6.3% of electoral votes-7.4% of population New York- 31 electoral votes-5.8% of electoral votes- 6.7% of population Florida- 27 electoral votes- 5% of electoral votes- 5.7% of population Illinois- 21 electoral votes- 3.9% of electoral votes- 4.4% of population Alaska -Delaware-DC-Montana-North/South Dakota-Vermont All have 3 electoral votes (.6% of the electoral votes) But make up only .2% of the population

The Executive Branch- The President The Main Roles of the Modern President Are presidents unable to govern effectively because public expectations are too high? 1. The President= Chief of State 2. The President= Chief Executive 3. The President= Commander-In-Chief 4. The President= Chief Diplomat 5. The President= Chief Legislator 6. The President= Party Leader 7. The President= Popular Leader “Chief Citizen” 8. The President= Chief Administrator

Hail to the Chief Chief executive The President as the holder of the executive power of the United States. Appointing the head of the CIA Appointing Justices to the Supreme Court (with the consent of the Senate) Holding cabinet meetings to discuss government business. Reading FBI reports on the state of national security. Granting pardons and reprieves. Distribute role cards to the students (“Chief” cards)

Hail to the Chief Chief diplomat Chief of state The President as the main architect of American foreign policy and the nation’s chief spokesperson to other countries. Makes official visits to other nations Appoints Ambassadors (with consent of Senate) Makes Treaties (with consent of Senate) Organizes the U.S. foreign policy Determines how the U.S. will deal with other nations United Nations Represents the U.S. in foreign negotiations Chief of state The President as ceremonial head of the United States. Awarding medals to the winners of college scholarships. Congratulating astronauts on their journey into space. Greeting visitors to the White House. Making a patriotic speech on the Fourth of July. Delivering the State of the Union Address

Hail to the Chief Chief administrator The President as the leader of the executive branch of the federal government. Head of the Executive Branch 2.7 million employees $2.5 trillion budget Chief of party* The President as the leader of his political party. Choosing leading party members to serve on the Cabinet. Traveling to Iowa to speak at rally for a party nominee to the U.S. Senate. Chief citizen* The President as the representative of all the people. He is the country’s moral compass Shows people how they should act Leads the nation in celebration and sorrow

Hail to the Chief Chief legislator Commander in chief The President as the main author of public policy. The President may suggest, request, and insist that Congress enact laws he believes are needed. Signing or vetoing a bill passed by Congress Working to get enough House or Senate votes for a bill to be passed through each respective house. Making a speech in Congress. Commander in chief The President as the commander of the nation’s armed forces. Is the top commander of all U.S. military forces (Congress had the power to declare war – President may ask Congress for a declaration of war) Is a CIVILIAN Power to control all state militias

The President and the Media Does the media impact politics? Does politics affect the media?

Who are the mass media? Traditional media The “new media” Newspapers Television Magazines Radio The “new media” Examples – INTERNET & CELL/SMART PHONE Characteristics- Mobile, includes traditional, searching, update immediately, national/inter Copyright © Houghton Mifflin Company. All rights reserved. 12 | 38

The media and public opinion Do the media influence public opinion? Yes No Impact of newspapers Journalists may be liberal, but publishers are conservative Lack of competition Type of coverage Impact of television Decline of substantive coverage, rise of images and slogans SOUNDBITES Impact of “adversarial journalism” -What is adversarial journalism? Impact of the internet Traditional sites vs. “Drudge” and blogs? Copyright © Houghton Mifflin Company. All rights reserved. 12 | 39

Effects of the media on politics Roles of the media NEWS PROVIDER- Is the media objective or biased? What should it be? WATCHDOG- Does the media focus too much on political scandal? GATEKEEPER- What does the media cover/not cover? The nature of media influences Profit Agenda-setting Cost Candidate-centered campaigns WH manipulation of the media Far less coverage of Supreme Court than other branches Copyright © Houghton Mifflin Company. All rights reserved. 12 | 40

Copyright © Houghton Mifflin Company. All rights reserved. 12 | 41

The Executive Branch The Modern President The President & The Media Famous Elections with Media Impact -The 1948 Election- Truman’s Defeat/Victory -The 1960 Election-Television’s 1st Debate -The 1992 Election- The Perot Factor -The 2000 Election-Florida Confusion http://video.google.com/videosearch?q=2000%20election&ie=UTF-8&oe=utf-8&rls=org.mozilla:en-US:official&client=firefox-a&um=1&sa=N&tab=wv# -The 2004 Democratic Primaries-The Dean Scream http://video.google.com/videoplay?docid=2047122840615026447&q=dean+scream&total=179&start=0&num=10&so=0&type=search&plindex=8

The Executive Branch The President & Fundraising General Fundraising Rules FECA-Federal Election Campaign Act A. FEC B. Donation Limits C. Disclosure Rules D. Req. for Matching Funds McCain-Feingold (Bipartisan Campaign Reform Act) A. Raised Limits B. Soft Money Ban C. Issue Ad limitations Buckley v Valeo; McConnell v FEC; Citzens United v FEC

The Federal Bureaucracy Is the Government of The United States TOO BIG???

The Federal Bureaucracy Major purpose: to administer and implement programs and services, regulate society Agencies come up with policy ideas, deliver services The U.S. bureaucracy - 2.5 million employees Jobs originally given for patronage, Pendleton Act: changes manner of giving jobs- from patronage to merit/civil service system Broken into 5 major parts 1. Cabinet Departments 2. Independent Executive Agencies 3. Regulatory Agencies 4. Government Corporations 5. EOP (Executive Office of the Pres.)

Executive Office of the President THE WEST WING The Executive Office of the President is made up of White House offices and agencies. These offices help develop and implement the policy and programs of the president. National Security Council (NSC), Office of Management and Budget (OMB) Closet advisors to the President

Cabinet Departments 15 total department of various size, status, visibility, and function ROLE: carries out broad tasks, provides necessary services, acts as experts in policy areas State- Most prestigious, only 25,000 employees Defense- Largest department; 750,000 civilians, 1.5 million military personnel, The Pentagon HHS- largest budget Clientele Agencies- Depts that represent certain groups of people (power of interest groups)_ Farmers- created Dept of Agriculture in 1889 Business & Labor- created Commerce and Labor Depts. in 1903 Veterans- Veterans’ Affairs

Depts and their Famous parts Each department has smaller, well known units Home. Sec- INS, Secret Serv., Coast Guard, Justice- FBI, Bureau of Prisons, Marshalls, ATF, DEA HHS-NIH, CDC, FDA, Medicare, Medicaid Agriculture- Forest Service Commerce- NOAA, Census, Patents Transportation- FAA (Federal Aviation Administration, FHWA, NTSB (National Traffic Safety Board)

Independent Executive Agencies Narrower areas of responsibility Examples- NASA, CIA, Peace Corp, Civil Rights Commission Agency heads are appointed by President; not in cabinet

Regulatory Agencies Have legislative, executive, and judicial functions (are exceptions to the ideal of sep. of power); ROLE: created to regulate important aspects of our economy/society Commissioners serve a fixed, long and staggered term; appointed by President and approved by Senate (Cannot be removed at will by President)

Regulatory Agencies Examples: EPA: regulates our environment for clean water, air, noise, waste, and other emissions SEC: regulates the buying /selling of all stocks, bonds and other securities FCC: Federal Communications Commission -regulates all forms of communications from TV, radio, telegraph, internet

Government Corporations Businesses run by the goverment to: Provide a service for cheaper rates Provide a service that is essential The Post Office- 800,000 employees; receives some funding from government FDIC- Federal Deposit Insurance Company AMTRAK

The Growing Bureaucracy 1800- only 3,000 employees By 1930- 600,000 federal employees Under FDR- 1.2 million employees Era of Smaller Government Reagan toys with idea of eliminating Energy, Transportation, and Education Depts. Clinton shrinks federal government by 100,000

Understanding Bureaucracies Figure 15.5