Chapter 5Government

Honors
The Executive Branch:
The Presidency and Vice
Presidency

Section 1: The Presidency- An

Overview
Presidential Roles:

Chief of State
Chief Executive
Chief Administrator
Chief Diplomat
Chief Legislator
Commander in Chief
Chief Economists
Chief of the Party
Chief Citizens

Section 1: The Presidency- An

Overview
Chief of State- Ceremonial head of the
government
Symbol of all the people of the nation

Chief Executive- given by the Constitution the

executive power
Power in domestic affairs and foreign affairs
Not all powerful with checks and balances

Chief Administrator- director of the huge executive

branch
Employs 2.7 million civilians
Spends 3.8 trillion a year

Section 1: The Presidency- An

Overview
Chief diplomat- nations chief spokesman to the
rest of the world
Chief Legislator- principal author of its public
policies
Tries to set some of the shape of congressional agenda
Initiating, suggesting, requesting, insisting, and
demanding that Congress enact pieces of legislation
Sometimes clashes with Congress

Commander in Chief- leader of nations armed

forces

Section 1: The Presidency- An

Overview
Chief Economists- keep a close eye on the
nations economy
Management of trade relationships
Balance conflicting demands, including those of
consumers, labor unions, and manufacturers

Chief of Party- leader of the political party

Chief Citizen- representative of all the people

Section 1: The Presidency- An

Overview
Qualifications of President:
natural born citizen debate on what they means, but
typically we see it as born in the United States
35 years old
JFK youngest elected
Teddy Roosevelt youngest president
Lived in the United States for 14 years

Section 1: The Presidency- An

Overview
4 year terms
2 terms tradition until the 22nd amendment adding
it to the constitution
8 year limit unless special circumstances that a president
takes less than 2 years of another presidents termpotentially getting to 10 years

Section 1: The Presidency- An

Overview
Presidential succession- how 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 added to the Constitution that the VP gets
the office and not just the duties

Presidential Succession Act of 1947- fixes the order

of succession following the VP (chart on page 205)
The VP is to become Acting President if:
The President informs congress, in writing, that he is unable
to discharge the powers and duties of his office or
The VP and the majority of the member of the cabinet inform
congress the president is so incapacitated

Section 2: The Vice President and the

First Lady
Vice President:

Preside over the Senate

Presidential Disability
President-in-waiting
Typically picked to balance the ticket
Has since been given more responsibilities by presidents
25th amendment deals with VP vacancies
When vacant- President shall nominate a VP who shall
take office upon confirmation by a majority vote of both
houses of Congress

Section 2: The Vice President and the

First Lady
First lady- title for the Presidents wife or
Presidents hostess

No direct role in administration

Provides informal advice
Advocating for policy
Host of symbolic functions
Evolved over the years

Section 3: The Presidents Domestic

Powers
Early presidents were more restrained in their
power- assuming Congress would lead policy
More strict construction of the Constitution
Exceptions: Andrew Jackson and Abraham Lincoln

Some though Presidents should be able to do

everything but what the constitution prohibited
Teddy Roosevelt
Stewardship theory- Presidents should not merely carry
out the will of Congress but instead should lead the nation
and build public support for particular policy agendas

FDR brought the biggest shift in the office of the

presidency

Section 3: The Presidents Domestic

Powers
Some powers of the presidency grew with the size
of the government
Some powers grew with the complexity of the US
economy and society
Sometimes the need for immediate and decisive
decisions
Times of crisis

Congress has also granted the Executive branch

with increasing authority

Section 3: The Presidents Domestic

Powers
Constitution does put some restraints on
presidential power
Checked by the Supreme Court

Congressional Oversight also checks the executive

branch

Section 3: The Presidents Domestic

Powers
Presidents role as chief executive is to execute
(enforce) federal law
In oath of office and Article II section 3 (laws faithfully
executed)
Must execute ALL federal laws
Leads to interpretation as well
Some laws Congress passes are broad

Section 3: The Presidents Domestic

Powers
Executive orders- directives, rules, or regulations
that have the effect of law
Power comes from ordinance power- intended
power in the Constitution- chief executive must
have the power to issue the necessary orders and
the power to implement them
Executive Privilege- be able to keep some
information from Congress and the courts
Confidential conversations
Not officially recognized by Congress
Court upheld for national security but not to prevent
evidence from getting out (Nixon and Watergate)

Section 3: The Presidents Domestic

Powers
President appoints about 1,000 offices
Other Executive employees are hired through civil service
laws

Appointees:

Ambassadors and other diplomates

Cabinet members
Heads of independent agencies
Federal judges, US marshals, and attorneys
Officers in the armed forces

Nominations sent to the senate where a majority

vote is needed for confirmation
Senatorial courtesy

Section 3: The Presidents Domestic

Powers
Recess appointments- ability to fill vacancies
during recess of the senate
Makes it possible to bypass the senate
Numbers tend to increase when president and the senate
are from different parties

Removal power- not mentioned in the constitution

(other than impeachment process)
Can remove anyone they appoint- other than federal
judges
Andrew Johnson- tenure of office act
Law ignored in practice after impeachment
Repealed in 1887

Section 3: The Presidents Domestic

Powers
Court has upheld the removal power- necessary for
execution of laws
Limits: reasons people can be removed, Congress can set further
limits on why appointments can be removed

Clemency Powers:
Reprieve- postponement of the execution of a sentence
Pardon- legal forgiveness of a crime
Clemency- mercy or leniency may be used only in cases
involving a federal crime
Can be conditional pardons
Commutation- power to reduce a fine or length of a
sentence
Amnesty- blanket pardon offered to a group of law violators

Section 3: The Presidents Domestic

Powers
Legislative Powers:

President can initiate and suggest legislation

State of the Union address
Budget message
Annual Economic Report
Call special Sessions
Can adjourn congress (has never happened)
Veto and Pocket Veto powers
Signing Statements
Line- Item vetoes- cancel out some provisions of bills
Struck down my supreme court

Section 4: Presidents Foreign

Powers
Constitution make President Commander in Chief
of the nations armed forces
Treaty- formal agreement between two or more
sovereign states
President (Sec. of State) negotiates treaty
Senate must approve by 2/3 vote (advise and consent)
President ratifies with the exchange of formal notifications
with the other party or parties to the agreement
Same legal standing as an act of Congress
Cannot conflict with the Constitution

Section 4: Presidents Foreign

Powers
At times Joint Resolutions have taken the place of
treaties
Only require majority in both houses

Executive agreements- pact between the

president and the head of a foreign state, or their
subordinates

Do not have to be approved by the Senate

Same standing as treaties
Do not supersede federal law or laws of any states
Treaties become permanent part of American lawExecutive agreements do not

Section 4: Presidents Foreign

Powers
Recognition- acknowledges the legal existence of
that country and its government
Receiving diplomats
Negotiating treaties
Doesnt mean we approve of another nation

Persona non grata- unwelcome person- diplomatic

representative that has been asked for recall

Section 4: Presidents Foreign

Powers
President has the final authority over and
responsibility for all military matters
Many times forces have been used without the
declaration of war
Only declared war 5 times as a country and not since
WWII
8 times since WWII joint resolutions have been passed to
authorize the President to meet certain international
crises with military force

Section 4: Presidents Foreign

Powers
War Powers Resolution of 1973
President can commit American military forces to combat
only
If Congress has declared war
Congress has authorized that action
When an attack on the nation or its armed forces has
occurred
If troops are ordered into combat for the 3rd reason, the
President must repot it to Congress within 48 hours
Commitment of American forces must end within 60 days,
unless Congress approves longer involvement
Congress can end commitment by passage of a
concurrent resolution
Constitutionality still debated