Chapter 14

 

                                                                 Article II

                                        The   Executive Branch - The President

     

Qualifications :

 

-Must be at least 35 years old

-Natural-born citizen of the US

-Lived in the United States at     least 14 years

-Term of office - 4 years

 

Duties and Responsibilities

 

To enforce the Law;

To make Treaties;

To make foreign policy;

Commander-in-Chief;

To approve of, or veto acts of  Congress;

To send or receive diplomats;

To grant pardons or amnesty.

 

 

Compensation- 400,00 annual salary

  50,000 expense account

The total benefit package of the President would exceed the net amount of 15 million dollars.

 

*Constitutional Amendments concerning the Presidency

 

12th Amendment - Established the President and the Vice- President as a single ballot.  In the Presidential election of 1800, Thomas Jefferson and Aaron Burr received the same amount of electoral votes, even though they represented the same party and it was acknowledged that Jefferson was the Presidential candidate and Burr the Vice- Presidential candidate.

 

 

 

20th Amendment- The Lame-duck Amendment moving the Presidents term from beginning on March 4, to Jan 20.

 

22nd Amendment- 2 term, 10 year maximum in office. (1951)

 

25th Amendment- Presidential                               Succession

President

Vice-President

Speaker of the House

President of the Senate

Secretary of State

 

 

 

If the office of the Vice-President is vacant, the President shall appoint and Congress shall approve

 

                                                                     ***

 

The Vice-President

(1) to preside over the Senate

(2) to succeed if necessary

 

He sits on the Security Council and continuously supports the President.  He keeps himself ready, just in case

 

VP is not always a factor and sometimes at odds with the President

 

EG. Andrew Jackson and John Calhoun

 

 Franklin D. Roosevelt and

 Harry S Truman

 

 John F. Kennedy and

 Lyndon B. Johnson

 

 

The Electoral College - The means of choosing the American President

 

The Framers felt that the common man wasn't qualified enough to elect a president.  They feared special interest and partisanship.

 

Presidential electors are chosen by State Legislatures

 

Major defects of the Electoral           College process

 

1) Winner take all theory, even if the vote is close in a specific state

 

2) Not casting proper vote

 

3) In a 3 party race, a candidate with a small percentage of the popular vote could be elected if he has support in the House of Rep

 

 

 

                                              Building a Candidates Platform

 

Popular Candidates run on their beliefs in their party's primary

 

The Two Major Parties:

Democrats and the Republicans have members with various beliefs

 

EG. Conservative Democrats

 

Moderate Democrats

-

Liberal Democrats

Deals are cut; promises are made a parties platform is built on support of individual party leaders

 

Candidates are sometimes products of a fusion of political beliefs

 

 

Exercise:

 

building a political platform for a town election

 

Identify the Issues

 

Democratic Caucus

 

Republican Caucus

 

 

 

The Primary by vote

 

Activity - Presidential Debate

  - Vice- Presidential Debate

 

 

 

 

 

 

 

 

                                                                Chapter 15

 

The Executive Office

 

The President's Job:

 

confirmed

To enforce laws;

make treaties;

foreign policy;       domestic policy; Commander-in-Chief;

approve of or veto legislation;

send or receive diplomats;

grant pardons.

 

Question - How do we define the scope of his power?  

 

Ans. We don't!

Reason - Strong presidents use their executive power to shape their office

 

@

George Washington - Leadership; Cabinet; Farewell Address

 

Thomas Jefferson - Promoting equality; Louisiana Purchase

 

Andrew Jackson - Jacksonian Democracy

Common Man; Initiating Legislation

 

Abraham Lincoln - Strong Leadership;

exercising executive power when regulating public opinion, and as commander-in-chief

 

Theodore Roosevelt - thought the office of the American President  could do anything not specifically restricted by the Constitution.

 

Franklin Roosevelt - The only 4 term President, used his office while attempting to solve the problems of the American economy

 

Lyndon B. Johnson - A most skilled politician using his influence to pass his programs and strengthen his powers (Gulf of Tonkin)

 

Richard M. Nixon - The Imperial President.  Attempted to control inflation through a price freeze.

A powerful foreign affairs President

 

Ronald R. Reagan - Strong and unwavering in foreign affairs.  Less government control; deregulation

 

 

 

The White House Office

400 people who work for the President.  Lawyers, doctors, Press Secretary.  Also a special staff for the First Lady.

Headed by the Chief of Staff

 

 

 

National Security Council

President, Vice-President, Secretary of State, Secretary of Defense, Director of the CIA, Chairman of the Joint Chiefs.

 

 

 

Office of Policy and Development

Domestic Affairs- headed by the Assistant to the President for Development

 

 

Office of the Management and Budget

Each Federal agency must present their Budget for the coming year.  Each Dept Head  must defend his plan at hearings.  Final draft is revised , added or slashed and fitted into the President's over all plan.

 

 

Plan                      Revision                                   Approval

OMB                    President                                 Congress

 

 

The OMB gives the President:

a) close control over budget

b) an agency that will monitor congressional spending

c) information that will help check Congress.  President can veto any inconsistent spending.

 

**(Congress Budget Office counters)

 

 

 

 

Council of Economic Advisers

Group that advises the President on the Economy by watching for trends and Indictors

 

Council on Environmental Quality

Environmental Policies

 

 

Office of US Trade Representative

Represents President in Foreign Trade negotiations

 

Office of Science and Technology Policy

Science and technological advances

 

Office of Administration

Clerical work for all agencies

 

 

                                                                     ***

 

 

 

The President's Cabinet

 

An informal advisory body aiding the President.

 

*(Courtesy Mr. George Washington)*

 

The President picks each head with confirmation of the Senate.

 

EG. Washington chose

 

Thomas Jefferson - Sec. of State

Alexander Hamilton - Sec. of Treasury

Henry Knox                                       - Sec. of War        Edmund Randolph - Attorney General

Benjamin Franklin -PostMaster General

 

*Naturally, each person has a special expertise in the area of his Dept.

 

 

Appointees are loyal, but not always from the same Political Party

 

 

They serve as:

a) Heads of their departments

b) Advisers to the President

 

Almost always approved of by Congress, hence the President's pick capable people

 

 

Some Presidents rely heavily on their Cabinet members - Ronald Reagan

 

Others did not

-Andrew Jackson's Kitchen Cabinet

-JFK and his brother Bobby

 

 

 

*Activity - Picking a Cabinet from Iona's Faculty.

 

 

Secretary of State  - Salerno

Treasury-                          - Sloat

Defense-                                   - V Quirolo

Attorney General-  Poccia

Interior-                                    K O

Agriculture-           Mack

Commerce-                     Conroy         

Labor-                                      Juan  

H&H Services-      Fay   

HUD-                                       Conrad         

          Transportation-      Nacho

Energy-                                    Vitti 

Education-             Mock  

Veteran Affairs-     Moore        

 

 

 

                                                                     ***

 

                                                   The Powers of the President

 

The Framers of the Constitution had to decide which direction the Executive Office should take.

 

1) An institution to carry out the will of Congress.

 

2) A separate single Executive independent of Congress with its own field of Powers.

 

*  The vast power of the Executive Branch is concentrated in one man.

 

*  He is one person, easy to identify with and can be called a leader.

 

 

 

How does the President increase his power? 

 

1.Congress has passed laws to strengthen the presidency

* FDR received extra power to help lead us out of the Great Depression

 

2. A President's influence and charisma may enable him to expand his executive power.

* T.R. "President is a steward- do everything within the power of the Constitution and expand beyond if necessary"

 

 

                                                                     ***

 

Chief Executive - the President is the head of the Department, described by the Constitution in Article 2

 

The President has to enforce and carry out law because

1) his oath of office

2) the constitution commands so

 

 

Congress may pass a law in broad terms.  The responsibility of interpretation falls upon the President.

 

Eg. Literacy Tests

Congress passes the laws;

President sets the requirements

 

 

Chief Administrator - he presides over the huge executive department. 

 

3 million people are subordinate to the President                                           

 

-He has the power to issue executive orders which have the effect of law.

Eg.  -A wage and price freeze.

-deregulation

 

 

He has the Power of Appointment (with the advise and consent of the Senate)

 

He has the Power of Removal - he can remove any appointed official except Federal Judges.

 

Test cases

Tenure of Office Act-

Andrew Johnson's Impeachment

 

Meyers v US (1926) - Wilson's removal of Frank Meyers viewed Constitutional

 

Humphrey's Executor v US (1935)- FDR removed his FTC because of political reasons.  He died.  His heirs sued for back salary and were successful.  The SC cited the FTC as

"quasi legislative, quasi judicial"

in character.

 

 

Chief Diplomat - The Power to make Treaties.  He is responsible for foreign policy.  He sends and receives ambassadors for the American People.

 

Formal Agreements- require 2/3 Senatorial Approval.  (joint resolutions can  override the defeat)

 

Executive Agreement- Informal Agreement can be made without Congressional approval.  Eg

-Jimmy Carter's Camp David Accords

-Ronald Reagan at Reykjavik

 

Power of Recognition-a very important tool.  Truman recognized Israel minutes after their Declaration of Independence.

 

Recall of an Ambassador is a sharp negative statement, usually leading to war.  Persona-non-grata.

 

 

 

 

 

He will carry out his party's platform (might be a coalition candidate)

 

 

 

 

Chief of State- ceremonial head of the American Government

 

Chief Citizen

 

 

Commander-in-Chief- The President is the civilian head of the military

 

Eg.              *Truman's decision to drop the Atomic Bomb in 1945

 

*Truman fired the American Caesar in 1953 (MacArthur)

 

*LBJ upgraded US Forces in South Vietnam in 1965

 

*Nixon's secret bombing of Cambodia in 1972

 

*Reagan and Beirut in 1982

 

*Bush in the Persian Gulf-1991 Somalia -1991

 

*Clinton in Bosnia 1995

 

 

 

***The Gulf of Tonkin Resolution

in 1964 gave the President complete authority and approval of Congress to send troops anywhere in the world to protect American interests. 

 

 

 

***War Powers Act (1973) Restrictions

-When committing American troops abroad, the President must notify Congress within 48 hours

 

-He is permitted to do so for 60 days with a 30 day option - 90 days

 

-He would then need Congress's approval for that option

 

 

During wartime, the President's power greatly expands with the military and at home.  Gas rationing, wage control, operation of private business for war production.

He can request the state's to activate their militia