1. THE EXECUTIVE BRANCH

2. “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

3. 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

4. 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?

5. 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?

6. 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?

7. 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)

8. 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% (
Line Item Veto???

9. 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

10. 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????

11. 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

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

13. 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

14. Executive Order by President

15. INFORMAL POWERS

16. 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

17. 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

18. 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

19. 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)

20. 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

21. 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

22. 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

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

24. 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
This is seen as more democratic than the old system of letting party bosses select candidates
Problems: Frontloading, TV/Media, $

25. The Election of the President of the U.S.
The Electoral College
Is it a necessary evil or an outdated institution????

26. 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

28. 2008 Election Results

29. 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.

30. Historical Elections- Problems w/ the Electoral College
Election of 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

31. 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

32. 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

33. 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)

34. 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

35. 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

36. 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

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

38. 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
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39. 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?
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40. 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
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42. 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 -The 2004 Democratic Primaries-The Dean Scream

43. 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

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

45. 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 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.)

46. 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

47. 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

48. 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)

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

50. 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)

51. 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

52. 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

53. The Growing Bureaucracy
1800- only 3,000 employees
By ,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

54. Understanding Bureaucracies
Figure 15.5