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 1
Constitutional Requirements to be President SSCG 13 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 1. Natural born Citizen 2. 35 years old 3. 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. 2
Informal Presidential Qualifications 1. College Educated 2. Military Experience 3. Prior government experience 3
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 4
Presidents Term The President is elected to a four year term and is sworn into office on January 20 th at 12 noon. 5
Electing a President 6
How is the President Elected? National Convention Presidential Primaries In states with primaries, party voters select some or all delegates to national convention and/or express preference for party’s nomination Candidates must take two paths to win their party’s nomination: (1) Either through primaries or (2) party state conventions Delegates choose the nominee of each major party – with conventions held in the summer of election year State Conventions Party voters select some or all of the delegates to the national convention 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. 270 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 Electors are party loyalists that are chosen by the state parties Voters elect the slate of electors on Election Day. For Georgia: 16 Republicans or 16 Democrats, depending on majority vote. Majority of Electors: 270 of 538 is necessary to win. Example Georgia has 2 senators and 14 representatives – total electoral votes are 16 23 rd Amendment allows for 3 electoral votes for Wash. DC 9
th 20 Amendment “Lame Duck” Amendment Moves inauguration to January 20 th from original March date Congressional start date moved to January in same amendment Length of time for a sitting president who is not reelected is reduced Goal: prevent inactivity or hasty decisions on way out of office 10
Presidential Term Limits Washington began the tradition of serving only two terms, but it was really unlimited until the 22 nd 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. 11
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 12
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) 13
The White House Camp David Air Force One Marine One 14
Vice Presidential Roles 1. President in Waiting 2. Acting President of the Senate and can vote in order to break a tie. 3. Power over presidential disability as stated in the 25 th Amendment. 4. Chairs Commissions, meets foreign dignitaries, and advises the President. 5. All other responsibilities come from the President. 15
The Vice President 16
Provisions of the Vice President n Salary $230, 700 per year n Lives in House on Observatory Hill – Located in the U. S. Naval Observatory in Washington, D. C. – Home to the Vice President since 1974 17
th 25 Amendment Procedures dealing with Presidential Disability 1. Vice President becomes President if the President resigns, is removed or dies. 2. 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. 3. The Vice President becomes acting President if the President is unable to serve temporarily. 4. 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 18 it is determined that the President is fit.
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. 19
Presidential Succession John Boehner, Speaker Patrick Leahy, Pres Pro. Tempore John Kerry, State Neil Wolen, Treasury (temp until Lew) Leon Panetta, Defense… waiting on Hagel confirmation to retire!! Eric Holder, US Attorney General, Dept of Justice 20
Did you know? One Cabinet member stays out of State of the Union Address… 2013 - Energy 2012 - Agriculture 2011 – Interior 2010 – HUD (& State) 2009 - 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 1998 - 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 21
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 22
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 23
Presidential Powers SSCG 4 The student will demonstrate knowledge of the organization and powers of the national government. 24
Executive Powers 1. 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. 25
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. 26
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 27
Legislative Powers 1. Recommend Legislation 3 formal messages: State of the Union Address Economic Report Budget Message 2. Approve Legislation – signs bill into law 28
Legislative Powers 3. The Veto Power – forbid legislation 4. 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. 5. To call Special Sessions of Congress 29
Judicial Powers 1. Appoint Judges and Justices to the Supreme Court 2. *Reprieves – delay carrying out of punishments in federal crimes 3. *Pardons – release from punishment in federal crimes by absolute or conditional 4. *Amnesty – blanket pardon given to groups of people **These do not work in cases of impeachment or in state crimes 30
Responsibilities of the President 31
Economic Policy Fight inflation Keep taxes low Promote economic growth Prevent recession Create jobs Chief Advisors Sec of Treasury Director of OMB Ex-officio Chair of FED Ben Barnanke 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 32
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 33
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 34
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 35
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 36
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 37
Impoundment & Recissions Impoundment Refusal of president to spend funds appropriated by Congress. Budget Reform Act of 1974 requires notification of Congress has 45 days to delete item or pass resolution demanding release Recission Recommendation of president to cut part of appropriations bills 38
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 39
President & the 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 40
Presidential Style and Character 41
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 42
Active Passive Positive Negative ADAPTIVE: self-confident; flexible; COMPULSIVE: power as a means to selfcreates opportunities for action; realization; expends great energy on enjoys the exercise of power, does not tasks but derives little joy; take himself too seriously; optimistic; preoccupied with whether he is failing emphasizes the "rational mastery" of or succeeding; low self-esteem; his environment; power used as a inclined to rigidity and pessimism; means to achieve beneficial results. highly driven; problem managing Thomas Jefferson, aggression. F. D. Roosevelt, H. Truman, John Adams, J. F. Kennedy, W. Wilson, G. Ford, H. Hoover, G. W. Bush(? ) A. Lincoln, L. B. Johnson, R. Nixon COMPLIANT: seek to be loved; easily WITHDRAWN: responds to a sense of manipulated; low self-esteem is duty; avoid power; low self-esteem overcome by ingratiating personality; compensated by service to others; reacts rather than initiates; responds rather than initiates; avoids superficially optimistic. conflict and uncertainty. emphasizes James Madison, principles and procedures and an W. H. Taft, aversion to politicking. W. Harding, George Washington, R. Reagan, C. Coolidge, Bill Clinton D. Eisenhower 43
Management Style Circular Everyone with equal access to the president Pyramid Hierarchy with information to president coming from bottom up 44
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 45
Presidential Impeachment SSCG 14 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. 46
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 47
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 48
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 49
Presidential Appointments 50
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 51
Supreme Court 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 52
Appointments to the court are…. . Reward for political help Statements of policy priorities Promotion of philosophy and ideology Relation builders with Congress Legacy creators 53
The current court Conservatives Roberts, Kennedy, Thomas, Scalia, Alito Liberals -Breyer, Ginsburg, Sotomayor, Kagan 54
Presidential Trivia 55
Presidential Firsts Father and Son John Adams and John Quincy Adams George H. W. Bush and George W. Bush 56
Presidential Firsts Youngest Elected – John F. Kennedy (43) Served – Theodore Roosevelt (42) Oldest Ronald Reagan (age 69 & 73) 57
Presidential Firsts Shortest/Longest Terms William H. Harrison (1840; 1 month) Franklin Roosevelt (1933 -1944; 4 terms) 58
Presidential Firsts Assassinated in Office Abraham Lincoln 1865 James Garfield 1882 William Mc. Kinley 1901 John F. Kennedy 1963 59
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” 60
Inside the Executive Branch SSCG 15 The student will explain the functions of the departments and agencies of the federal bureaucracy. q. Compare and contrast the organization and responsibilities of independent regulatory agencies, government corporations, and executive agencies. q. Explain the functions of the Cabinet. 61
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. 62
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 Mc. Donough, Chief of Staff for Obama 63
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 64
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 65
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. 66
Executive Departments & Agencies The Executive Departments implement the policies of the President and enforce the laws There 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 67
Department of Homeland Security 68
President Obama’s Cabinet (July 2012) 69
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) 70
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) 71
Bureaucracy AP Government 72
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. 73
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 74
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 75
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 76
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 77
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 78
Civil Service Pendleton Act in 1883 promotes hiring based on merit and nonpartisan government service Now use entrance exams for job placement and promotions 79
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 80
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 81
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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. 83
Four Types of Bureaucratic Agencies Cabinet Regulatory Agencies Government Corporations Independent Agencies 84
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 85
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 86
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 87
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 88
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 89
Functions of the Bureaucracy 90
What role do bureaucrats play? Communicate with each other Maintain paper for accountability Interpret the law Implement the objectives of the organization 91
Bureaucracy as Implementors Implementation is the policymaking stage between the establishment of a policy and the consequences of the policy. 92
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 93
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. 94
Regulation All regulation contains: A grant of power from Congress A set of rules and guidelines Some means of enforcing compliance 95
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 96
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 97
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