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Executive Branch “The executive power shall be vested in a President of the United States of America. He shall hold his Office during the term of four.

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Presentation on theme: "Executive Branch “The executive power shall be vested in a President of the United States of America. He shall hold his Office during the term of four."— Presentation transcript:

1 Executive Branch “The executive power shall be vested in a President of the United States of America. He shall hold his Office during the term of four years, and, together with the Vice President, chosen for the same term, be elected” Article II, Section 1

2 Constitutional Requirements to be President
SSCG13 The student will describe the qualifications for becoming President of the U.S. Explain the written qualifications for President of the United States. Describe unwritten qualifications common to past presidents. Constitutional Requirements to be President Natural born Citizen 35 years old Resident of the U.S. for at least 14 years *The Vice President’s qualifications are the same as the President with the exception that he/she can not have their primary residence in the same state as the President.

3 Informal Presidential Qualifications
College Educated Military Experience Prior government experience Most have been white, male, protestants with families

4 What voters want…. The impossible dream!
Cooperation w/Congress Peacekeeper Ability to solve economic problems Someone with good character, judgment, and humor A sense of purpose Tough, decisive, competent, effective & fair A leader with initiative

5 Electing a President

6 How is the President Elected?
National Convention Delegates choose the nominee of each major party – with conventions held in the summer of election year Presidential Primaries In states with primaries, party voters select some or all delegates to national convention and/or express preference for party’s nomination State Conventions Party voters select some or all of the delegates to the national convention Candidates must take two paths to win their party’s nomination: (1) Either through primaries or (2) party state conventions Local Caucuses Party voters in local meetings choose delegates to state conventions

7 How is the President Elected?
Electoral College Presidential electors meet in State capitals on Monday following the second Wednesday in December to cast electoral votes needed to win. Election Day Voters cast their ballots on Tuesday following the first Monday in November. Voters actually choose presidential electors. Democrat Nominee Republican Nominee Third Party Candidates

8 How does the Electoral College Work?
Electoral votes are determined by total number of senators and representatives in each state Largest state – California, has 55 electoral votes Example Michigan has 2 senators and 14 representatives – total electoral votes are 16 Electors are party loyalists that are chosen by the state parties Voters elect the slate of electors on Election Day. For Michigan: 16 Republicans or 16 Democrats, depending on majority vote. 23rd Amendment allows for 3 electoral votes for Wash. DC Majority of Electors: 270 of 538 is necessary to win.

9 Inauguration of the President
Term of Office: Four Years Inauguration: January 20th

10 12th Amendment Cleans up the voting “mess” that was the 1800 election (Jefferson and Burr tied in electoral college voting). Electors vote twice, once for President, once for V.P. Restricts House, in the event the election is “tossed” to them, to vote for top three vote-getters Electors must vote for at least one (Pres./V-Pres.) from a different State (why Dick Cheney, a Texan, registered to vote in Wyoming!) Requires that Vice-Presidential candidates meet same requirements as Presidential candidates Twelfth amendment requires the electoral college conduct two separate votes. The first is for President. The Second is for Vice President

11 20th Amendment “Lame Duck” Amendment
Moves inauguration to January 20th from original March date Congressional start date moved to January in same amendment Length of time for a sitting president who is not re-elected is reduced Goal: prevent inactivity or hasty decisions on way out of office

12 Presidential Term Limits
Washington began the tradition of serving only two terms, but it was really unlimited until the 22nd Amendment, which gave two rules: No one can be elected as President more than twice. No one that serves more than two years of another President’s term can be elected more than once.

13 Benefits of the Presidency
1. Salary: $400,000 per year (beginning in 2001) 2. Perks: White House w/staff of 100+ Doctors and Health Care Expense Account of $50,000 Air Force One and a fleet of jets and helicopters Camp David – vacation spot in Maryland Pension, Retirement, and Secret Service for 10 years after they leave office

14 Benefits of the Presidency
White House 132 rooms, 35 bathrooms, 28 fireplaces, 8 staircases, 3 elevators and 6 levels in the Residence Entertainment Movie theater, bowling lanes, putting green Pension Plan $166,700 a year free mailing privileges for nonpolitical correspondence, free office space, $96,000 a year for office help, and, during the first thirty months after their term of office has ended, up to $150,000 for staff assistance. Secret Service protection for 10 years for Pres & First Lady (children until they are 16)

15 Air Force One The White House Camp David Marine One

16 Vice Presidential Roles
President in Waiting Acting President of the Senate and can vote in order to break a tie. Power over presidential disability as stated in the 25th Amendment. Chairs Commissions, meets foreign dignitaries, and advises the President. All other responsibilities come from the President.

17 The Vice President

18 Provisions of the Vice President
Salary $230,700 per year Lives in House on Observatory Hill Located in the U.S. Naval Observatory in Washington, D.C. Home to the Vice President since 1974

19 25th Amendment Procedures dealing with Presidential Disability
Vice President becomes President if the President resigns, is removed or dies. If there is a vacancy in the Vice Presidency, then the President appoints a new V.P. and both houses of Congress must approve him. The Vice President becomes acting President if the President is unable to serve temporarily. The President becomes acting President as soon as he declares himself fit, unless the Vice President, a majority of the Cabinet and 2/3 of the Congress declare him still unfit. Then the Vice President will remain the acting President until it is determined that the President is fit.

20 Presidential Succession Act
Following World War II, a new Presidential Succession Act of 1947 was passed Placed the Speaker of the House and the president pro tempore of the Senate behind the vice president The line of succession then extended to the executive department heads in the order in which their agencies were created.

21 Presidential Succession
John Boehner, Speaker Patrick Leahy, Pres Pro-Tempore John Kerry, State Jack Lew, Treasury Chuck Hagel, Defense Eric Holder, US Attorney General, Dept of Justice

22 Did you know? One Cabinet member stays out of State of the Union Address…
Energy Agriculture 2011 – Interior 2010 – HUD (& State) Justice 2008 – Energy 2007 – Justice 2006 – Veteran’s Affairs 2005 – Commerce 2004 – Commerce 2003 – Justice & Transportation 2002 – Interior 2001 – Veteran’s Affairs 2000 – Energy 1999 – HUD Commerce 1997 – Agriculture 1996 – HHS 1995 – Transportation 1994 – Agriculture 1993 – Interior 1992 – Agriculture 1991 – Interior 1990 – Veteran’s Affairs 1989 – None 1988 – Interior 1987 – Agriculture 1986 – Agriculture

23 Original Intent: The Formal Powers
Executive with limited power Enforce the laws of Congress Handle foreign policy Be chief executive and head of state Broadly defined constitutional powers for flexibility (has resulted in expanded power) Commander in Chief Grant pardons & reprieves Report on State of the Union

24 Informal Powers Morale builder Party leader Legislative leader
Coalition builder Crisis manager Personnel recruiter World leader Budget setter Agenda/policy setter Conflict resolver Persuader and policy communicator

25 Roles of the President SSCG12 The student will analyze the various roles played by the President of the United States; include Commander-in-Chief of the Armed Forces, chief executive, chief agenda setter, representative of the nation, chief of state, foreign policy leader, and party leader.

26 Chief Executive Enforce the law Head the bureaucracy
Appoint federal officials Negotiate treaties Grant pardons, reprieves and amnesty

27 Chief of State Representative of nation Symbol of America
Host to distinguished delegates and visitors

28 Chief of the Economy Guard the Economy Prevent depressions
Balance budget

29 Commander in Chief Civilian control of the military
Assignment of troops with war declaration from Congress Sending troops without formal war declaration Gulf of Tonkin Resolution War Powers Act 1974

30 Party Leader Shape party platform Campaign for party
Mobilize public opinion

31 Chief Legislator/Agenda Setter
State of the Union Address Recommend legislation Present the budget Veto power

32 Chief Diplomat Treaty making with Senate approval
Establish diplomatic relations Executive agreements

33 Presidential Powers SSCG4 The student will demonstrate knowledge of the organization and powers of the national government.

34 Executive Powers Commander in Chief
Gulf of Tonkin Resolution – while troops are in conflict, the President can take any action to protect the troops short of declaring war. War Powers Act – President cannot send troops out unless: Congress declares War A law authorizes the action National Emergency: but the President must follow 2 rules: Notify Congress within 48 hours Cannot keep troops abroad for more than 60 days without Congressional Approval.

35 Executive Powers Enforces Laws
Executive Agreement – agreements Presidents make on behalf of the U.S. with foreign countries that do not require Senate approval. Treaty – agreements Presidents make on behalf of the U.S. with foreign countries that require Senate approval.

36 Executive Powers Power of Appointment – appoints federal officials along with judges and Supreme Court justices. Power of Removal – can remove federal officials but not judges or justices. Executive Privilege – the right to withhold information from Congress and the Courts

37 Legislative Powers Recommend Legislation 3 formal messages:
State of the Union Address Economic Report Budget Message Approve Legislation – signs bill into law

38 Legislative Powers The Veto Power – forbid legislation
The Pocket Veto – to sit on the bill for ten days without signing it and it is a law. However, if Congress adjourns within ten days then it cannot be overridden. To call Special Sessions of Congress

39 **These do not work in cases of impeachment or in state crimes
Judicial Powers Appoint Judges and Justices to the Supreme Court *Reprieves – delay carrying out of punishments in federal crimes *Pardons – release from punishment in federal crimes by absolute or conditional *Amnesty – blanket pardon given to groups of people **These do not work in cases of impeachment or in state crimes

40 Responsibilities of the President

41 Economic Policy Fight inflation Keep taxes low Promote economic growth
Chief Advisors Sec of Treasury Director of OMB Ex-officio Chair of FED Janet Yellen FED is key to interest rates and growth of economy FED is independent regulatory agency Members have staggered terms beyond the president’s term FED can’t be fired for policy decisions Fight inflation Keep taxes low Promote economic growth Prevent recession Create jobs

42 National Security In a national emergency:
planning, command, unity falls to National Security Council Diplomacy and the military are used as instruments of foreign policy Congress must appropriate and authorize funding for treaties and war

43 Party Leadership Informal head of party
Rarely have control on state and local politicians Can’t control party members in Congress b/c of constituents

44 Legislative & Coalition Builder
Send messages to Congress on policy and agenda Visit the Hill to “twist arms” Acts as politician Conflict manager, negotiator, bargainer, reconciler, coalition builder, persuader

45 Relationship w/Congress
Appointments which require Senate confirmation Federal judges, SC justices, Ambassadors, Dept. Secretaries, US Attorney Negotiate treaties Binding only w/agreements of 2/3 of Senate Exec Agreement – b/t head of countries; are as binding as treaties

46 Budgeting Way to control bureaucracy
Increases/decreases based on policy Budget requests must go through OMB from all departments and agencies before going to Congress OMB writes the budget submitted to Congress

47 Impoundment & Recissions
Refusal of president to spend funds appropriated by Congress. Budget Reform Act of 1974 requires notification of Congress Congress has 45 days to delete item or pass resolution demanding release Recission Recommendation of president to cut part of appropriations bills

48 Prime Time President Press conferences Speeches from Oval Office
Radio messages First 100 days is the “honeymoon period” The longer they stay in office, the less popular they become...interest groups grow impatient, unkept promises, blamed for problems left by previous president

49 President & the Press Press sees itself as the protector of democracy
Filtering – Press interpretation of what is said and what it means Spin Doctors – put twists on what was said and done President can “leak” info to test reaction (trial balloons) to new policy

50 Presidential Style and Character

51 Presidential Style and Character by James David Barber
Active-long hours, new direction, strong leadership, innovative policies Passive-less time and energy, let Congress take control Positive-enjoy the power, like the challenge of the office Negative-sense of duty to serve, try to prove themselves

52 Positive Negative         Active         ADAPTIVE: self-confident; flexible; creates opportunities for action; enjoys the exercise of power, does not take himself too seriously; optimistic; emphasizes the "rational mastery" of his environment; power used as a means to achieve beneficial results. Thomas Jefferson,  F. D. Roosevelt,  H. Truman,  J. F. Kennedy,  G. Ford,  G. W. Bush(?) COMPULSIVE: power as a means to self-realization; expends great energy on tasks but derives little joy; preoccupied with whether he is failing or succeeding; low self-esteem; inclined to rigidity and pessimism; highly driven; problem managing aggression.   John Adams,  W. Wilson, H. Hoover,  A. Lincoln, L. B. Johnson, R. Nixon     Passive COMPLIANT: seek to be loved; easily manipulated; low self-esteem is overcome by ingratiating personality; reacts rather than initiates; superficially optimistic. James Madison,  W. H. Taft,  W. Harding,  R. Reagan, Bill Clinton WITHDRAWN: responds to a sense of duty; avoid power; low self-esteem compensated by service to others; responds rather than initiates; avoids conflict and uncertainty. emphasizes principles and procedures and an aversion to politicking. George Washington,  C. Coolidge,  D. Eisenhower   

53 Management Style Circular Pyramid
Everyone with equal access to the president Pyramid Hierarchy with information to president coming from bottom up

54 An Imperial Presidency?
ARGUMENT: Individual actions taken by past presidents have enlarged the power of the presidency by expanding responsibility and political resources. Proof? Emergency Powers Growing staff Growing bureaucracy Increase in media coverage Executive Agreements Impoundment Power Pocket Veto Executive Privilege

55 Presidential Impeachment
SSCG14 The student will explain the impeachment process and its usage for elected officials. Explain the impeachment process as defined in the U.S. Constitution. Describe the impeachment proceedings of Andrew Johnson and Bill Clinton.

56 Why Impeach? High Crimes and Misdemeanors Malfeasance (an illegal act)
Misfeasance (an illegal act which could have otherwise been done legally) Standards: acts against state or constitution The definition of an impeachable offense is left to the House

57 Impeachment Presidents can be removed for "high crimes and misdemeanors" House Judiciary Committee investigates to determine if there has been an offense (A majority vote is needed in committee to send charges to House) Simple majority in full house impeaches the official Senate holds trial to determine whether or not to remove official from office Chief Justice of Supreme Court presides and a 2/3 vote of the Senate is needed

58 Bill Clinton – December 1998
Andrew Johnson – May 1868 Violating Tenure of Office Act (putting in new Secretary of War) Saved by a single vote in the Senate, remained in office Bill Clinton – December 1998 Perjury - Votes 55 to 45 Obstruction of Justice 50-50 Acquitted and remained in office

59 Presidential Appointments

60 Presidential Appointments: Why choose?
Reward for political help Claims of inclusiveness Fence mending Ideology or philosophy Comfort level Ability and notoriety gets legitimacy for your policy Coalition building w/interest groups Administration of presidential policy goals

61 Supreme Court Appointments
Appointments have become increasingly bitter fights over judicial temperament and philosophy Major issues include Abortion/choice/privacy Affirmative action Separation of church and state States rights Judicial activism/restraint

62 Appointments to the court are…..
Reward for political help Statements of policy priorities Promotion of philosophy and ideology Relation builders with Congress Legacy creators

63 The current court Conservatives
Roberts, Kennedy, Thomas, Scalia, Alito Liberals -Breyer, Ginsburg, Sotomayor, Kagan

64 Presidential Trivia

65 Presidential Firsts Father and Son John Adams and John Quincy Adams
George H.W. Bush and George W. Bush

66 Presidential Firsts Youngest Oldest Elected – John F. Kennedy (43)
Served – Theodore Roosevelt (42) Oldest Ronald Reagan (age 69 & 73)

67 Presidential Firsts Shortest/Longest Terms William H. Harrison
(1840; 1 month) Franklin Roosevelt ( ; 4 terms)

68 Presidential Firsts Assassinated in Office Abraham Lincoln 1865
James Garfield 1882 William McKinley 1901 John F. Kennedy 1963

69 The American President
“I do solemnly swear, 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”

70 Inside the Executive Branch
SSCG15 The student will explain the functions of the departments and agencies of the federal bureaucracy. Compare and contrast the organization and responsibilities of independent regulatory agencies, government corporations, and executive agencies. Explain the functions of the Cabinet.

71 What is the Administration?
The Administration is the White House staff, Executive Departments, and Independent Agencies that assist the President in carrying out his duties of enforcing the law.

72 What is the Administration?
The White House Staff Handles the day-to-day activities of the President through the White House Office The Chief of Staff heads this office The office coordinates the President’s schedule, writes his speeches, and conducts the business of the President, etc. Includes the White House Counsel, Political Affairs Office, Presidential Advance team Denis McDonough, Chief of Staff for Obama

73 What is the Administration?
The Executive Office of the President Provides the President with expert analysts… The National Security Council provides military advice The Council of Economic Advisors provides economic advice Office of Management and Budget provides budgetary advice and writes the President’s budget for the whole government

74 What is the Administration?
The Executive Office of the President Other offices include: Council on Environmental Quality Domestic Policy Council National Economic Council Office of Administration Office of Faith-Based and Community Initiatives Office of Homeland Security Office of National AIDS Policy Office of National Drug Control Policy Office of Science & Technology Policy Office of the United States Trade Representative President's Critical Infrastructure Protection Board President's Foreign Intelligence Advisory Board USA Freedom Corps White House Military Office

75 What is the Administration?
The Executive Office of the President All in all, the EOP employs over 2,000 staffers that work for the President alone. Some of the senior level advisors have offices in the West Wing. Most, however, are housed in the Old Executive Office Building, next to the White House.

76 Executive Departments & Agencies
The Executive Departments implement the policies of the President and enforce the laws There are a total of 15 Executive Departments The heads of the Departments are called Secretaries, except for the Justice Department which is headed by the Attorney General The heads are known as the President’s Cabinet The Bureaucracy is made up of non-elected officials that work for the government in these departments

77 Department of Homeland Security

78 President Obama’s Cabinet (July 2012)

79 Regulatory Agencies Regulates a sector of the economy or government
Regulations protect the public EXAMPLES: FRB (Federal Reserve Board - banks) FCC (Federal Communications Commission - broadcast media) OSHA (Occupational Safety & Health Administrations - workplace) FDA (Food & Drug Administration - food producers & pharmaceuticals)

80 Government Corporations
Provide goods or services that could be offered by a private company Typically provide the services at a cheaper rate than a private corporation could EXAMPLES: Tennessee Valley Authority (power/electricity) Postal Service (mail services) Amtrak (railroad transportation)

81 Bureaucracy AP Government

82 Bureaucracy Large, complex organization of appointed, not elected, officials The bureaucracy was set up to accomplish policy goals People are hired because of skills that they have to implement policy goals.

83 Max Weber Defined the prototype bureaucracy Characteristics:
Hierarchical authority structure – bottom up leadership Task specialization – experts in field Rules – similar procedures for similar situations Merit principles – entrance and promotion based on ability Impersonality – treat clients impartially

84 Bureaucracy: The Big Joke
RED TAPE Parkinson’s Law – work and personnel will expand to consume available resources Peter Principle – personnel are promoted to their highest level of incompetence

85 Did you know? The bureaucracy began in 1789 with the creation of the Dept. of State Most federal employees work for only a few agencies About 55% work for the Department of Defense and Postal Service Only about 10% work in D.C. 2.8 million civilian employees

86 Characteristics of American Federal Bureaucracy
Divided Supervision Congress creates, organizes and disbands all agencies Political authority is shared between Congress & executive branch Public Scrutiny About ½ cases in federal court involve gov’t Regulation (not public ownership) Gov’t regulates privately owned businesses instead of owning the businesses as a gov’t

87 Civil Service Originally a patronage (spoils) system
Changed as a result of the actions of a disappointed office seeker who shot and killed Garfield in 1881 because he wouldn’t give him a job

88 Civil Service Pendleton Act in 1883 promotes hiring based on merit and nonpartisan government service Now use entrance exams for job placement and promotions

89 Civil Service Hatch Act of 1939 prevents workers from active participation in partisan politics Can’t: run for office, be involved in campaigns, make political speeches, disseminate political info Can: vote, make campaign contributions, join parties, participate in non-partisan campaigns

90 Civil Service Hatch Act amended in 1993
Civil servants can engage in political activities as long as they are off duty do not run for office don’t work in sensitive government areas

91

92 Appointments Appointments are often characterized by transience – few more than 2 years When a new administration takes office, Congress publishes the plum book which lists the top federal jobs available for appointment. About 400 top positions. President then searches based on talent, political skills, policy expertise, demographic balance and campaign support.

93 Four Types of Bureaucratic Agencies
Cabinet Regulatory Agencies Government Corporations Independent Agencies

94 Cabinet 15 departments Secretary is the head of department
Chosen by president and approved by Senate Each has their own policy areas and budgets Can be fired at president’s will Secretary, Undersecretary, bureaus, agency commissions

95 Regulatory Agencies Regulates a sector of the economy to protect the public interest QUASI – LEGISLATIVE because it makes rules QUASI – JUDICIAL because it settles claims FRB, FCC, FTC, OSHA, FDA, SEC

96 Regulatory Agencies Governed by a small commission
members are appointed by the president confirmed by the Senate staggered terms fixed terms that extend past President’s term neither party may have a majority on a board or commission

97 Government Corporations
Provide services for a fee that could be handled by the private sector and generally charge cheaper rates TVA, Postal Service, Amtrak, Public Broadcasting Corporation

98 Independent Agencies Exist outside the structure of the Cabinet departments and perform services for the government and the public that are often too costly for the private sector Appointed by President and serve at his will NASA, NSF (National Science Foundation), GSA (General Services Administration), FEC (Federal Election Commission), Civil Rights Commission

99 Functions of the Bureaucracy

100 What role do bureaucrats play?
Communicate with each other Maintain paper for accountability Interpret the law Implement the objectives of the organization

101 Bureaucracy as Implementors
Implementation is the policymaking stage between the establishment of a policy and the consequences of the policy.

102 Implementation Includes three elements:
Creation of a new agency or assignment of responsibility to an old one Translation of policy into operational rules Coordination of resources and personnel to achieve the intended goals

103 Regulation through bureaucracy
Regulation is the use of governmental authority to control or change some practice in the private sector. Agencies must apply and enforce rules and guidelines Can be done either in court or by administrative procedures which use either inspectors, complaints, or licensing to monitor behavior.

104 Regulation All regulation contains: A grant of power from Congress
A set of rules and guidelines Some means of enforcing compliance

105 Executive Control on the Bureaucracy
President tries to control by: Appointing the right people to head Tinkering with agency budget Issuing executive orders Reorganizing an agency w/Congress

106 Congressional Control over the Bureaucracy
Congress tries to control by: Influencing the appointment of dept head (Senate confirmation) Tinkering with budget Holding oversight hearings Rewriting more detailed legislation Establishing new agencies or departments


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