1. AP Government “Executive Branch”

2. Zach Galifianakis Interviews President Obama
Opening Video
Zach Galifianakis Interviews President Obama

3. Creating the Office of the President
Delegates to the Constitutional Convention were wary of creating an unchecked presidency
The debated whether there should there be a single president or presidential council
King George III
They wanted to provide national leadership without risking tyranny
They debated whether the president should be elected separately or chosen by Congress
They debated what checks they should have on the president
Fear of tyranny
Don’t want another King George
But….needs enough authority to be effective

4. Requirements for the Presidency

6. Informal Requirements
Experience (Senator/Gov./ General)
Educated
Male
White
Protestant
Married
Member of Major Party
Charisma
Photogenic
Character
Same for Vice President

7. The Presidents

8. The Presidents How they got there… 22nd Amendment
Response to FDR
Limit to 2 terms or 10 years if a VP assumes a portion of remaining term
Presidential Succession Act of 1947
Established order of succession
VP; Speaker of House; Pres. Pro Tem of Senate; Sec. of State; Sec. of Treasury; Sec. of Defense…in order of Cabinet department creation
25th Amendment
Determining if President is incapacitated
Replacing VP: Appointment requires approval of majority vote of both houses of Congress
How They Got There
Elections: The Normal Road to the White House
Once elected, the president serves a term of four years.
In 1951, the 22nd Amendment limited the number of terms to two.
Most presidents have been elected to office.

9. The Presidents How They Got There… Impeachment
Impeachment is an accusation, requiring a majority vote in the House.
Charges may be brought for “Treason, Bribery, or other high Crimes and Misdemeanors.”
If impeached, the president is tried by the Senate with the Chief Justice presiding.
Only two presidents have been impeached—Andrew Johnson and Bill Clinton—and neither was convicted.

10. The Presidents

11. Vagueness of Presidential Duties
Difficult to provide power to the position and limit that power at the same time
There was no model from some other existing presidency
There was great confidence in George Washington, who was the obvious choice for the first president

12. The Executive Branch
General Power: Enforce laws and otherwise administer public policies of the country

13. Major Duties of the President
Serve as Chief Administrator
Leads the various depts. of gov’t and agencies
Act as Commander-in-chief of the military
A civilian is the highest ranking officer in the armed forces
Chief Legislator
Convene Congress
can call Congress into special session and delivers State of the Union Address
What other duties can you think of?
Chief Administrator: “he shall take care that the laws be faithfully executed”
As Chief Executive, the president presides over the administration of government.
Constitution: “take care that the laws be faithfully executed”
Today, federal bureaucracy spends $2.5 trillion a year and numbers more than 4 million employees.
Presidents appoint 500 high-level positions and 2,500 lesser jobs.
Commander-in-Chief
Writers of the Constitution wanted civilian control of the military.
Presidents often make important military decisions.
Presidents command a standing military and nuclear arsenal—unthinkable 200 years ago
Chief Legislator
Approve or Veto (in/out of session, sign/ignore)
May persuade or instruct Congress to move on his ideas
Party Leadership
The Bonds of Party
Being in the president’s party creates a psychological bond between legislators and presidents, increasing agreement.
Slippage in Party Support
Presidents cannot always count on party support, especially on controversial issues.
Leading the Party
Presidents can offer party candidates support and punishment by withholding favors.
Presidential coattails occur when voters cast their ballots for congressional candidates of the president’s party because they support the president. Races are rarely won in this way.
Legislative Skills
Bargaining: concessions for votes, occurs infrequently
Being strategic, presidents increase chances for success by exploiting “honeymoon” at beginning of term
Presidents may set priorities to influence Congress’ agenda; president is nation’s key agenda builder
Skills must compete with other factors that may affect Congress; they are not at the core of presidential leadership of Congress

14. Military Power Congressional Checks
Congressional Resolution
In place of declaration of war; Joint Resolution has force of law
War Powers Resolution (1973)
W/in 48 hrs. of committing troops to combat abroad, President must report to Congress
Combat commitment must end w/in days unless Congress agrees to extension
Congress may end combat commitment at any time with passage of concurrent resolution
“Power of the Purse”— Congress may withhold funding
Politically Risky
Congress can be ignored by presidents in commitment of combat troops
Why is it essential for President to be able to take action before receiving Congressional approval?

15. Chief Legislator

16. Chief Legislator

17. Chief Legislator

18. Major Duties of the President
Nominations
Appoints federal judges, ambassadors, cabinet members, and other officials
Appoint various officials (Rand Paul filibuster of nomination)
Make treaties
Makes treaties with foreign powers
Needs 2/3 majority of Senate to approve them
Grant pardons
For federal crimes
Appointments of Supreme Court
Justices Roberts and Sotomayor
Appoints…
Cabinet; Federal Judges; Ambassadors; Consuls; U.S. Attorneys; Director’s of Bureaucratic Agencies
Significance:
Influence Sup. Ct. for decades; Justices have life terms…influence policy for decades thru interpretation
Steps to Senate Confirmation
Nominated by President after vetting process
Senate committee hearings
Senatorial Courtesy (important)
Senate Debate
Confirmation/Rejection
All the more reason its crucial for president to have his party in control of Senate…still not safe due to filibuster
Appoints ambassadors (confirmed by Senate)
Negotiate Treaties (ratified by Senate)
Formal agreement b/n two or more sover. States
Signed by Pres.; Ratified by Senate
Executive Agreements
Pact b/n President and head of foreign state
Does NOT require Senate approval
Ex. WWII U.S. & G.B.= Destroyers for Bases Deal
Power of Recognition
President receives ambassadors and other public ministers
President acknowledges legal existence of country (extend diplomatic recognition of foreign nations)
Truman’s recognition of Israel helped it survive

19. Judicial Powers of the President
Reprieve: postpone execution of a sentence
Pardon: legal forgiveness for a crime
EX.- Gerald Ford pardoning of Richard Nixon
10 Most Notorious Presidential Pardons
Commutation: Reduce length of sentence
Amnesty: blanket pardon to group of violators
EX.- Jimmy Carter—Vietnam Draft Dodgers

20. Modern Powers of the President
Presidents have always had the previous duties, but modern presidents have become more aggressive in using these formal powers
Vetoes have become more frequent
First 16 presidents issued 59 total, FDR 635, Eisenhower 181, Reagan 78, Obama 2 (but soon to change)
Modern Presidents are sending more legislation to Congress
Modern presidents also are more willing to use the military to enter foreign conflicts (so much so that the War Powers Act of 1973 was passed to set rules for its use)
Veto: The president can send a bill back to Congress with his reasons for rejecting it. It may be overridden with 2/3 support of both Houses.
Pocket Veto: A president can let a bill die by not signing it when Congress adjourns within 10 days of submitting a bill.
Line Item Veto: ability to veto parts of a bill--some state governors have it, but not the president
Vetoes are most used to prevent legislation.
Vetoes have become more frequent (especially when the president is a different party from Congress)

21. Inherent Powers of the President
Inherent powers – authority claimed by the president that is not clearly specified in the Constitution (inferred from the Constitution instead)
Use of these powers forces Congress and the federal courts to allow it or restrict it
Approval by Congress and the courts and repeated use of the power by future presidents legitimizes this use
Executive orders – presidential directives that create or modify laws and public policies without the direct approval of Congress

22. Executive Orders
Presidents use executive orders to see that laws are “faithfully executed”
Orders give directions to federal agencies on how to carry out their executive branch duties
They can be challenged by congressional bills and court challenges (Congress can cut off funding for carrying out executive orders)
Obama immigration order
SNL Version
How to overturn a LEGAL executive order
Executive Order: Directive, rule, or regulation that has the effect of law…great powers to interpret Congress’ laws and clarify a laws application
Implied Power: Good over multiple administrations
Examples:
Emancipation Proclamation—Lincoln
Japanese Internment Camps- FDR
Desegregation of the Armed Forces—Truman
Immigration- Obama
Signing Statements
Declares president’s intent to enforce a law a certain way
Only effective during that administration
What part of Article II give the president the authority to issue signing statements?
Do signing statements "undermine the rule of law and our constitutional system of separation of powers?"

23. Congress’ Relationship with the Executive Branch
Congress can both give power to the executive branch and take it away
Delegation of powers – the process by which Congress gives the executive branch the additional authority needed to address the new problems (when Congress views a problem as needing flexibility in solving it)
When Congress believes the executive branch has too much power it enacts legislation reasserting congressional authority

24. Presidential Advisors
Rahm Emanuel (Former Chief of Staff)
and Denis R. McDonough (current CoS)
Presidential Advisors
Chief of Staff – runs the White House staff and is the top individual advisor to the president
National Security Advisor – provides daily briefings on foreign and military affairs and long-range analysis of events
Council of Economic Advisors
Senior domestic policy advisors – advise the president on their areas of expertise
Press Secretary – briefs the White House correspondents
Andrew Card (Chief of Staff)
White House Office
The Executive Office
National Security Council (NSC)
Created in 1947 to coordinate the president’s foreign and military policy advisers
Members include the president, vice president, secretary of state and defense, and managed by the president’s national security adviser
Council of Economic Advisers (CEA)
A three-member body appointed by the president to advise on economic policy
Office of Management and Budget (OMB)
Performs both managerial and budgetary functions, including legislative review and budgetary assessments of proposals

25. Presidential Advisory Styles
Presidents can organize and run their White House staffs in different ways:
Competitive management system – where advisors have overlapping authorities with different views so the president can hear all sides of an issue
Hierarchical staff model – staff arranged with clear lines of authority and a hierarchical structure that mirrors a military command
Collegial staffing arrangement – a loose staff structure that gives many top staffers direct access to the president

26. Vice Presidency Vice-presidential official duties
presides over the Senate
casts tie-breaking votes in the Senate
Succeeds the president if the president is unable to carry out his duties
Unofficial duties VPs have taken on particularly recently
Can be used to help guide legislation through congress
Can be consulted to advise presidents on policy and foreign relations

28. The Vice President and Cabinet
Cabinet is the collection of presidential advisers that includes the head of the executive departments
Modern presidents have relied little on their advice:
Cabinet is large, so difficult to have give-and-take discussions with
Most cabinet members have specific expertise in their area, but not in the others so they can offer little in great advice on them
Cabinet members are pulled from many different areas, so they typically are not personally close to the president which limits their influence
The Vice President
Basically just “waits” for things to do
Power has grown over time, as recent presidents have given their VPs important jobs
The Cabinet
Presidential advisors, not in Constitution
Made up of 14 cabinet secretaries and one Attorney General, confirmed by the Senate

29. Running the Government: The Chief Executive

30. Running the Government: The Chief Executive
The Executive Office
Made up of policymaking and advisory bodies
Three principle groups: NSC, CEA, OMB

31. Running the Government: The Chief Executive

32. Running the Government: The Chief Executive
The White House Staff
Chief aides and staff for the president—some are more for the White House than the president
Presidents rely on their information and effort but presidents set tone and style of White House
The First Lady
No official government position, but many get involved politically
Some focus on a single issue: Hillary Clinton and health care, Melania Trump: Cyberbullying
Some have more than one: Michelle Obama- Get Healthy, Joining Forces, Reach Higher, Laura Bush- advancing education of all, promoting the well-being of women worldwide