I) The Executive Branch of government
A) Qualifications for President
1) Natural born citizen, at least 35 years old and have lived in the U.S. for 14 years
B) Term
1) The President may serve no more than two 4 year terms or a maximum of 10 years
C) Pay and fringe benefits
1) Pay - $400,000 per year plus a $100,000 travel account and a $50,000 expense account amount is set by Congress; President cannot receive increase during his term
2) Fringe benefits – use of the White House, staff and offices, fleet of autos, fleet of jets, Camp David, medical and dental and pension $143,800 per year for life – widows get $20,000 per year
D) Roles of the President
1) Chief of State – ceremonial head of the government
2) Chief Executive – controls the executive branch of government – over 400,000 people
3) Chief Administrator – runs the entire government
4) Chief Diplomat – leader in foreign affairs negotiations and treaties
5) Chief Legislator – has considerable influence over which laws are passed
6) Chief of the Party – controls party platform and actions
7) Chief Citizen – representative of all the people
8) Commander in Chief – controls the army, navy, air force and reserves
E) Order of Succession
1) 25th Amendment – states that VP takes over if President is unable
2) Presidential Succession Act of 1947 – sets list if disaster occurs – VP, Speaker, Pres. Pro Temp, Sec of State, Sec of Treasury, Sec of Defense, Attorney General, etc.
a) In reality no longer needed the President has the ability to name a new VP with Congress
3) In case of Presidential disability
a) President informs Congress in writing, VP takes over
b) VP and majority of the Cabinet inform Congress
c) President resumes duties by informing Congress he is OK – can be challenged by VP and Cabinet – Congress must make decision within 21 days
1) Originally stated in the Constitution – most electoral votes President, second most VP – no parties
a) Problems in 1796 and 1800 led to 12th Amendment – separated President and VP ballots
2) First step – announce candidacy and search for support
a) Caucus – used in some states, parties select delegates to the National Convention
b) Primaries – used in most states, some select all delegates, some share with caucus
3) National Convention – each party chooses one candidate plus VP and platform
4) Election Day – Tuesday following the first Monday in November, voters choose electors
5) Electoral College – meet in state capitols on Monday following the 2nd Wednesday in Dec. and cast their votes – votes counted January 6th in Washington
a) 270 needed to be elected if not election goes to the House
6) Sworn in January 20th
G) The Electoral College – one elector for each Senator or Representative a state has, chosen at large
1) Expected to vote for their parties candidate
2) Electors chosen on winner take all basis
H) Problems caused by the Electoral College
1) Electoral vote can contradict popular vote – 1876 Tilden and Hayes – 1888 Cleveland and Harrison - 2000 Bush and Gore - 2016 Trump and H.Clinton
2) Constitution does not require electors to vote as voters direct – 56, 60, 72, 76
3) Can cause election by the House – strong 3rd party – small states have same voice as large, States may be too divided to vote, 3rd could make it difficult to get majority
I) Proposed changes in the Electoral College
1) District Plan – 2 electors chosen at large, the rest chosen by district like representatives
a) Does away with winner take all
b) Less popular votes could still win – problems with districting
2) Proportional Plan – receive the same % of electors as they get of the popular vote
a) Gives undue influence to small states – increase role of minor parties
3) National Bonus Plan – keep electoral system but weigh system in favor of popular vote, winner of popular vote gets national pool of 102 electoral votes – total would have to add to 321 – guarantees winner of popular vote would win election
4) Direct Popular Election – supports the concept of one man one vote – supported by the majority of the American people
a) Problem – difficult to pass an Amendment and small states are currently over-represented so they would not support an Amendment
b) Problem – cause candidates to campaign hard in all states, more time and money
c) Problem – encourage vote fraud and election challenges
d) Problem – opposed by minorities, under current system their votes have more clout
The Powers of the President
I) Reasons why Presidential power has increased over the years
A) It is the only branch where the power lies in the hands of one man
B) Previous Presidents have gradually increased the powers of their successors
C) The increased role of the federal government in peoples lives
D) Powers granted by Congress
E) Presidents use of the media
II) Categories of Presidential powers
A) Executive powers
1) Carry out the laws of the nation – also interpret the day-to-day administration of the laws
2) Oversee the Executive Branch of government – approximately 2.8 million people
3) Issue executive orders – same affect as passing a law
4) Appointment – high ranking cabinet, federal judges, independent agencies, ambassadors, etc.
5) Removal – remove all appointed official except judges – some exceptions
B) Diplomatic powers
1)Negotiate treaties – with advise and consent of Senate, they must approve with 2/3 vote
2) Executive agreements – pacts between heads of state that do not require approval
3) Recognition – acknowledging the legal existence of another country
C) Military powers
1) Commander-in-Chief – most not involved in day-to day operation but do make important decisions – A-bomb, troops to Viet Nam, Cambodia, Grenada, etc.
a) Power is limited by War Powers Resolution of 1973 – Must notify Congress within 48 hours, 60 day limit unless further approved by Congress – Congress can remove with joint resolution
2) War powers – rationing, control prices and wages
3) Non-war powers – maintain domestic peace, troops to stop riots, natural disasters
D) Legislative powers
1) Recommend bills – can ask for laws he deems necessary
2) Veto bills – right to approve or disapprove of legislation – threat of a veto can kill bill or bring about changes – record FDR 635
3) Call special sessions – gives him leverage over Congress, also can adjourn if Congress can’t agree
E) Judicial powers – pertain to federal offenses
1) Reprieves – postponement in carrying out a sentence
2) Pardon – legal forgiveness for a crime, can be made before or after trial and sentencing
3) Conditional pardons – as long as conditions are reasonable
4) Commutation – reduction of sentence or fine
5) Amnesty – general pardon to a large group of lawbreakers
III) The Executive Branch – as society has become more complex so has the Presidents role he now has more assistance
A) The Executive Office of the President – created in 1939 by Congress, contains most trusted advisors
1) The White House Office – political staff, senior advisors and clerical people – offices in east and west wings of the White House – about 400 people
a) Provide President with information on foreign policy, defense, economy, politics, Congress and the media
2) The National Security Council – helps President with decisions on foreign affairs and CIA
a) President,VP, Sec. of State, Sec. Of Defense, Director of CIA, Chairman of Joint Chiefs of Staff
3) Office of Policy Development – helps President to make decisions on domestic issues
4) Office of Management and Budget – largest, generally work on budgets for two and three years in the future – each agency prepares detailed list of needs – proposals reviewed by OMB hold budget meetings – OMB tries to fit all worthwhile requests into Presidents budget - President presents budget to Congress
a) Directs development of the budget
b) Oversees execution of the Budget – monitors spending
c) Studies organization and management of executive branch – eyes of the President
5) Council of Economic Advisors – 3 of countries leading economists and small professional staff
a) President major source of information on economic issues
6) Council on Environmental Quality – 3 member panel help President with annual state of the environment speech
7) Office of the U.S. Trade Representative – 1 man appointed by President has ambassador status
8) Office of Science and Technology Policy – 1 man, chief advisor on scientific and engineering
9) Office of National Drug Control Policy – prepares annual drug control policy and coordinates
50 federal agencies fighting against drugs
10) Office of Administration – provides clerical help, data processing, library, transportation, etc.
B) The Presidents Cabinet – heads of the departments of the executive branch
1) Created in 1789 by act of Congress with 4 offices – Sec. of State, Sec. of War, Sec. of Treasury and Attorney General – today there are 15
2) Selection process – appointed by President with Senate approval – over 600 made 12 rejected
3) Reasons why certain people are selected
a) Political Party Membership – same party as the President (patronage)
b) Qualifications and political experience
c) Geography – usually try to choose a cross-section of the country
d) Interest group influence – bring pressure to bear
e) Sex – mostly male – more women are being named now
f) Race – mostly white – more minorities are being named now
4) Jobs of the Cabinet
a) Head and operate a branch of the executive department
b) Be an advisor to the President – this role varies from President to President
Independent agencies
1. NASA
2. Office of Personnel Management
a) civil service - patronage(spoils system)
3. Selective Service System
Regulatory Commissions
1. FRS (the Fed)1913, SEC 1934, CFTC 1974, NLRB 1935, EEOC 1964, FTC 1914, FCC 1934, FMC 1936, FERC 1977, CPSC 1972, NRC 1974