The Executive Branch/Bureaucracy

The President’s Job Description Chief of State- ceremonial head of state Chief executive- power in domestic and foreign policy Chief administrator- director of executive branch Chief diplomat- makes foreign policy Commander in Chief-controls the nations military Chief legislator- author of public policies Chief of party-leader of the political party Chief Citizen- “representative of the people”

Formal Qualifications Be a “natural born citizen” 35 years old 14 years residency in the U.S. The Presidential Term Four years- “no third term” tradition, 22nd Amendment- “arbitrary right” 10 years $450,000 a year Can not work another job

Presidential Succession Presidential vacancy is filled. If a president dies, resigns or is removed from office by impeachment the Vice President succeeds to the office. 25th Amendment- 1967- disability provisions Eisenhower, Garfield, Reagan, Wilson Writing by President or Vice President and Congress Presidential Succession Act of 1947 Vice Presidency Preside over Senate and help decide the question of Presidential disability

Presidential Disability Neither Constitution or Congress had come up with provisions for deciding when a President was too disabled to perform duties Gap filled by Sections 3 and 4 of the 25th Amendment VP becomes acting President if the President informs Congress, in writing, that he is unable to perform duties VP and majority of Cabinet members inform Congress that the President is incapacitated President can resume office by written declaration

The Framer’s Plan Early on—most delegates favored selection by Congress Only a few of the Framers favored popular vote Had to come up with a plan that the Framers would agree on…

Election of the President Presidential electors- chosen in each state in a manner the state legislature directed, and each State would have as many electors as it has senators and representatives in Congress.- Electoral votes Known as the Electoral College Election of 1800- Thomas Jefferson and Aaron Burr 12th Amendment

Presidential Nominations National Convention 1832- built over the years by the two major parties. Delegates- complicated formula Each state is responsible for picking their delegates Presidential Primaries- Frontloading Winner-take-all vs. proportional representation- 15% Proportional representation- led Oregon and Wisconsin to give up the popular selection of delegates. Preference and then pick delegates later. Reforms: single, nationwide primary, do away with national conventions

Flaws in the Electoral College 1) winner of the popular vote is not guaranteed the presidency “Winner takes all”- example: Wyoming and California Nebraska in 2008 2)Electors are not required to vote in accord with the popular vote Never has upset an election 3) Election might have to be decided in House of Representatives Must win a majority of the electoral votes or the election will be given to the House

Reforms District Plan- each state would choose its electors much as it chooses its members of Congress- Nebraska and Maine Proportional Plan- each candidate would receive a share of the electoral vote in accordance to to that State’s popular vote Direct Plan- abolish the electoral college. All votes would count equally Constitutional Amendment- smaller states would oppose Too much campaigning Voter fraud National Popular Vote Plan

Powers of the President Executing the law: enforces, administers, carries out the provisions of the federal law- Oath “I do solemnly swear (of affirm) that I will faithfully execute the Office of the President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States” Ordinance Power- applying most law comes from the day-to-day work of all of the many departments, commissions, and other agencies of the Federal Government- 2.7 million Executive orders- directives, rules, or regulations that have the effect of law

Powers continued Appointment Power: Loyal subordinates are given jobs when a president is elected Appointees- most important officers; ambassadors, cabinet members and their top aides, the heads of independent agencies, all federal judges, U.S. marshals, and attorneys, all officers in the armed forces Senate and Senatorial Courtesy Recess Appointments- allow to appoint an officer when the Senate is not in session

Powers continued The Removal Power: Historical debate: 1867- Andrew Johnson- Tenure of Office Act Removal of the Court- Myers v. United States, 1926 Executive Privilege- President is given the inherent power to refuse to disclose certain information to Congress or to the federal courts. Congress has never officially recognized United States v. Nixon

Diplomatic powers Treaty: formal agreement between two or more sovereign states. Usually acting through the secretary of state, negotiates these international agreements. Senate must give its approval with 2/3rd’s vote before treaty can be made effective. Senate does NOT ratify, President does! Same legal standing as acts of Congress. Congress can repeal a treaty by passing a law contrary to its provisions, and an existing law may be repealed by the terms of a treaty. – Treaty of Versailles- 1920 (peace agreement to end WWI, didn’t have 2/3 approval, change parts to get approval)

Executive Agreements: a pact between the President and the head of a foreign state, or their subordinates. These do NOT have to be approved by the Senate. These do not supersede federal law/State- destroyers-for-bases deal of 1940 Power of Recognition- when receives the diplomatic representatives of another sovereign states Commander in Chief Making undeclared war Congressional Resolutions War Powers Resolution