Transcript Executive Branch pp - MrGleasonSocialStudies

Created by Article II of the Constitution
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Structure of the Executive Branch
Executive
Office
Cabinet
Departments
Agencies
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PRESIDENTIAL
QUALIFICATIONS
TO BE THE PRESIDENT YOU MUST FILL ALLOF THE
FORMAL REQUIREMENTS.
AGE
35
NATURAL
BORN
CITIZENSHIP
U.S. CITIZEN
HAVE LIVED
IN THE U.S. AT
RESIDENCY
LEAST 14
YEARS
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Powers of the PRESIDENT of the
United States
MILITARY
POWERS
EXECUTIVE
POWERS
LEGISLATIVE
POWERS
DIPLOMATIC
POWERS
JUDICIAL
POWERS
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EXECUTIVE POWERS
EXECUTIVE POWERS ARE THOSE POWERS THE
PRESIDENT HAS AND USES TO MAKE SURE THAT
FEDERAL LAW IS CARRIED OUT. THEY INCLUDE:
-EXECUTING
THE LAW
-ORDINANCE POWER
-APPOINTING POWER
-REMOVAL POWER
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EXECUTIVE POWERS
EXECUTING THE LAW
THE PRESIDENT HAS THE JOB,
RESPONSIBILITY AND DUTY TO MAKE SURE
THAT ALL LAWS ARE ENFORCED AND
ADMINISTERED, AS PER THE
CONSTITUTION:
ARTICLE II, SECTION 1, CLAUSE 8 (THE
PRESIDENTIAL OATH)
ARTCLE II, SECTION 3, CALLED THE “TAKE
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CARE” POWER
EXECUTIVE POWERS
ORDINANCE POWER
* The President has the power to issue executive
orders.
*An EXECUTIVE ORDER is a directive, rule, or
regulation that has the effect of law. While the order is
not an actual law, it is treated like one.
*This power is given to the President
from two sources: the Constitution and
Congress.
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EXECUTIVE POWERS
Executive Orders
ORDINANCE
POWER
• Executive Order:
1st time ever issued: President George
Washington
Creation of a National day of
Thanksgiving, 1789
1794 Executive Order; Whiskey
Rebellion to disperse
• Legitimate uses
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EXECUTIVE POWERS
ORDINANCE POWER
Executive Order
Commander in Chief. The President's power as Commander in
Chief is limited by other constitutional powers granted to
Congress, such as the power to declare war, raise and support the
armed forces, make rules (i.e., laws) for the regulation of the
armed forces, and provide for calling forth the militia of the
several states. However, the President's power as military
commander is still very broad with respect to the armed forces at
his disposal, including some situations in which Congress has not
acted to declare war. President may send troops into combat
to keep the nation safe.
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EXECUTIVE POWERS
Ordinance Power: Executive Orders
COMMANDER IN CHIEF
War Powers Act:
The President in every possible instance shall consult with
Congress before introducing United States Armed Forces
into hostilities or into situation where imminent
involvement in hostilities is clearly indicated by the
circumstances, and after every such introduction shall
consult regularly with the Congress until United States
Armed Forces are no longer engaged in hostilities or have
been removed from such situations.
If the president sends troops into hostilities/conflict he must
consult with Congress, and keep Congress up to date on
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progress periodically.
EXECUTIVE POWERS
ORDINANCE POWER
Executive Order
Head of State. The President is solely responsible for carrying out
foreign policy, which includes the sole power to recognize foreign
governments, receive foreign ambassadors, and negotiate
treaties. Congress may enact laws affecting foreign policy, and
two-thirds of the Senate must ratify any treaty before it becomes
binding law, but Congress must still leave the execution of
foreign policy and diplomatic relations to the President.
President is responsible for foreign policy, however
treaties, ambassadors, etc…must be approved by the
Senate
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EXECUTIVE POWERS
ORDINANCE POWER
Executive Order
Chief Law Enforcement Officer. The President has the sole
constitutional obligation to "take care that the laws be faithfully
executed," and this grants him broad discretion over federal law
enforcement decisions. He has not only the power, but also the
responsibility to see that the Constitution and laws are interpreted
correctly.18 In addition, the President has absolute prosecutorial
discretion in declining to bring criminal indictments. As in the exercise
of any other constitutional power, one may argue that a particular
President is "abusing his discretion," but even in such a case, he cannot
be compelled to prosecute any criminal charges.
President has the power to see that all laws are enforced,
and can use whatever means necessary to see that they are.
President has the authority to decide whether or not to bring
criminal indictments.
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EXECUTIVE
T POWERS
Chief Law Enforcement Officer
The Patriot Act
was signed on October 26, 2001 to
allow governmental agencies to have a
broader hand to deal with terrorism.
It allows for searches of homes and
business, and much more access to
electronic communications.
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Executive Order
Head of the Executive Branch. The Framers debated and rejected the
creation of a plural executive. They selected a "unitary executive" and
determined that he alone would be vested with "[t]he executive power" of Article
II. After much debate, the Framers also determined that the President would
nominate and appoint (with the Senate's consent in some cases) all officers in the
executive branch. With very few exceptions, all appointed officials who work in
the executive branch serve at the will and pleasure of the President, even if
Congress has specified a term of years for a particular office.19 All of this was
designed to ensure the President's control over officials in the executive branch
and to promote "energy in the executive."
The President appoints all officials who work in the
Executive branch. He has the power to hire and fire those workers
at his discretion.
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EXECUTIVE POWERS
APPOINTING POWER
•The President has the power to appoint nearly three
million federal civilian employees.
•Once the President receives the consent of the Senate,
he appoints most of the top-ranking officials in the
Federal Government.
SENATORIAL COURTESY – Presidential Appointments
Need Appointees Home Senators Approval
•Some examples are: federal judges, cabinet members,
heads of independent agencies, and officers of the
military.
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EXECUTIVE POWER
REMOVAL POWER
*The President can remove anyone from
office who he has appointed.
*The only restriction on this power is that the
President cannot remove Supreme Court
Justices from the bench.
*Three major reasons for removal are:
inefficiency in office, neglect of duty,
or inappropriate behavior.
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DIPLOMATIC POWERS
THE PRESIDENTS DIPLOMATIC POWERS ARE
AMONG HIS MOST POWERFUL. THEY INCLUDE:
• POWER TO MAKE TREATIES
• POWER OF EXECUTIVE AGREEMENTS
• POWER OF RECOGNITION
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DIPLOMATIC POWERS
POWER TO MAKE TREATIES
*treaty=formal agreement between two or
more sovereign states
*The President usually negotiates
treaties through the Secretary of State
(Hillary Clinton).
*The Senate must give approval for these
international agreements with a 2/3 vote.
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DIPLOMATIC POWERS
POWER EXECUTIVE AGREEMENTS
Executive Agreements are like treaties in
that they are agreements between the
President and foreign leaders or their
subordinates. They are different in that
they do not require the approval of the
Senate. They usually stem out of previous
legislation, or a previous treaty.
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DIPLOMATIC POWERS
POWER OF RECOGNITION
*The President, representing the United
States, acknowledges the legal existence of a
country and its government.
*This
recognition can
make or break
the survival of a
new country.
*This recognition is not
permanent. It can
change with revolutions
or changes in the
government.
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MILITARY POWERS
*During wartime, the President can make critical
decisions that he feels is necessary for wartime
AS COMMANDER AND CHIEF.
*The President has the power to send troops
into combat, without approval by Congress.
This is referred to as undeclared war.
*Finally, the President can use troops
for domestic peace within the United
States. “National Guard”
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LEGISLATIVE POWERS
The power of VETO (reject) any law
sent to him by Congress
*The President possesses the power to submit or
RECOMMEND ideas for laws to Congress.
* The president has the power to CALL SPECIAL
SESSIONS of Congress if a pressing matter occours.
*The President gives a “STATE OF THE UNION”
address each year, where he presents ideas for new
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legislation to Congress.
LEGISLATIVE POWERS
POWER OF VETO
*When a bill is presented to the President, he
can do one of four things:
1. Sign it and pass the law,
2. Veto the law,
3. While Congress is in session, he can not
touch the bill and it will pass in 10 days
4. Pocket veto, or while Congress is not in session,
he can not touch the bill and it will not pass.
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JUDICIAL POWERS
ACCORDING TO ARTICLE II, SECTION 2, CLAUSE
1 THE PRESIDENT HAS THE POWER TO ISSUE:
Pardon – issued by the president it is legal forgiveness for
a crime
Amnesty – issued by the president it is a pardon for a
large group of people
Reprieve – issued by the president it is postponing a
sentence
Commutation- issued by the president it is a reduction of
a sentence
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ROLES OF THE PRESIDENT
CHIEF
EXECUTIVE
CHIEF
DIPLOMAT
CHIEF OF
STATE
CHIEF
CITIZEN
CHIEF
ADMINISTRATOR
CHIEF
LEGISLATOR
COMMANDER
In CHIEF
CHIEF OF
PARTY
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CHIEF EXECUTIVE
This role of
the President
allows him to
ensure that the
laws of the
nation are
carried out
fairly.
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CHIEF DIPLOMAT
This role of
the President
allows him to
establish
foreign policy
with other
nations.
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CHIEF LEGISLATOR
This role of the
President allows
him to submit
ideas for new
laws for the
United States.
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CHIEF CITIZEN
This role of the
President infers
that he is the
moral leader and
figurehead of the
United States.
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CHIEF OF STATE
This role of the
President states
that the
President is the
head of the
national
government.
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CHIEF ADMINISTRATOR
This role of the
President states
that the
President is the
“boss” of
government
employees.
(Bureaucracy)
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COMMANDER IN CHIEF
This role of
the President
allows him to
command all
United States
military troops.
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CHIEF OF PARTY
This role of
the President
states that he
is the
informal
leader of his
political party.
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EXECUTIVE OFFICES
“The President’s right arm" as it is referred to is the
several offices that are staffed by the President’s closest
advisors, and are designed to help the President make, and
enforce policy. They include:
NATIONAL
SECURITY
COUNCIL
OFFICE OF
MANAGEMENT
AND BUDGET
OFFICE OF
NATIONAL DRUG
CONTROL POLICY
COUNCIL OF
ECONOMIC
ADVISORS
CABINET
OTHERS/AGENCIES
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EXECUTIVE OFFICES
NATIONAL SECURITY COUNCIL
The National Security Council is the President's principal
forum for considering national security and foreign
policy matters with his senior national security advisors
and cabinet officials.
Since its inception under President Truman, the function
of the Council has been to advise and assist the
President on national security and foreign policies.
The Council also serves as the President's principal arm
for coordinating these policies among various
government agencies.
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EXECUTIVE OFFICES
OFFICE OF MANAGEMENT AND BUDGET
OMB's predominant mission is to assist
the president in overseeing the
preparation of the federal budget and to
supervise its administration in executive
branch agencies.
In addition, OMB oversees and
coordinates the administration's financial
management, information, and regulatory
policies.
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EXECUTIVE OFFICES
OFFICE OF NATIONAL DRUG CONTROL
POLICY
The principal purpose of ONDCP is to establish policies,
priorities, and objectives for the Nation's drug control
program.
The goals of the program are to reduce illicit drug use,
manufacturing, and trafficking, drug-related crime and violence, and
drug-related health consequences.
To achieve these goals, the Director of ONDCP is charged with
producing the National Drug Control Strategy.
The Strategy directs the Nation's anti-drug efforts and establishes a
program, a budget, and guidelines for cooperation among Federal,
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State, and local entities.
EXECUTIVE OFFICES
COUNCIL OF ECONOMIC ADVISORS
The CEA was established by the Employment Act
of 1946 to provide the President with objective
economic analysis and advice on the
development and implementation of a wide range
of domestic and international economic policy
issues..
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EXECUTIVE OFFICES
CABINET
The tradition of the Cabinet dates back to the beginnings of the
Presidency itself.
One of the principal purposes of the Cabinet (drawn from Article
II, Section 2 of the Constitution) is to advise the President on
any subject he may require relating to the duties of
their respective offices.
The Cabinet includes the Vice President and, by law, the heads of
15 executive departments-the Secretaries of Agriculture,
Commerce, Defense, Education, Energy, Health and Human
Services, Homeland Security, Housing and Urban Development,
Interior, Labor, State, Transportation, Treasury, and Veterans
Affairs, and the Attorney General.
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The Cabinet
* Department of Agriculture
(USDA)
* Department of Commerce
(DOC)
* Department of Defense (DOD)
* Department of Education (ED)
* Department of Energy (DOE)
* Department of Health and
Human Services (HHS)
* Department of Homeland
Security (DHS)
* Department of Housing and Urban
Development (HUD)
* Department of Justice (DOJ)
* Department of Labor (DOL)
* Department of State (DOS)
* Department of the Interior (DOI)
* Department of the Treasury
* Department of Transportation
(DOT)
* Department of Veterans Affairs
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(VA)
EXECUTIVE OFFICES
OTHER OFFICES
The other offices of the Executive Branch are as varied as they are in
numbers. Some of the other areas include:
Office of Policy Development - Advises President on domestic
concerns
National Space Council-Advises President on civil and military
efforts in space
Council on Environmental Quality- Aids the President on
environmental policy matters.
Office of U.S. Trade Representatives – Advises the President on
matters of foreign trade.
Office of Science and Technology- Advises on all scientific,
engineering, and technology advances.
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EXECUTIVE OFFICES
OTHER OFFICES
A regulatory agency is a government department
that has responsibility over the legislation (acts
and regulations) for a given sector. Regulatory
agencies exist at the federal and state level. These
agencies can impact a variety of businesses, in a
variety of ways - through regulations on products,
antitrust rulings, compliance laws, etc…
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The following is a list of selected U.S. federal regulatory agencies:
Animal and Plant Health Inspection
Service (APHIS)
Army Corps of Engineers
Bureau of Alcohol, Tobacco and
Firearms (ATF)
Commodity Credit Corporation (CCC)
Commodity Futures Trading
Commission (CFTC)
Consumer Product Safety Commission
Department of Veterans Affairs (VA)
Drug Enforcement Administration
Employment and Training
Administration (ETA)
Employment Standards Administration
(ESA)
Environmental Protection Agency
(EPA)
Equal Employment Opportunity
Commission (EEOC)
Farm Credit Administration (FCA)
Federal Aviation Administration (FAA)
Federal Communications Commission
(FCC)
Federal Deposit Insurance Commission
(FDIC)
Federal Election Commission (FEC)
Federal Energy Regulatory Commission
(FERC)
Energy Efficiency and Renewable
Energy (EREN)
Federal Highway Administration (FHA)
Federal Maritime Commission (FMC)
Federal Railroad Administration (FRA)
Federal Trade Commission (FTC)
Food and Drug Administration (FDA)
Nuclear Regulatory Commission (NRC)
Securities and Exchange Commission
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(SEC)
VICE PRESIDENTIAL DUTIES
Constitutionally, the Vice President has only
two formal duties:
1. preside over the Senate
2. help decide the question of presidential
disability (presidential disability is when the
president is unable to carry out his duties)
The other assumed purpose of the Vice President
is to be a president in waiting.
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PRESIDENTIAL SUCCESSION
IS THE ORDER IN WHICH INFERIOR OFFICERS CAN BE
PROMOTED TO THE OFFICE OF PRESIDENT IN CASE OF A
VACANCY. THE CURRENT SYSTEM WAS ESTABLISHED BY
THE 25TH AMENDMENT AND CURRENTLY HAS 18
POSITIONS. HERE ARE THE FIRST 10.
1
VICE PRESIDENT
6
SECRETARY OF DEFENSE
2
SPEAKER OF THE HOUSE 7
ATTORNEY GENERAL
3
PRESIDENT PRO
TEMPORE
8
SECRETARY OF THE
INTERIOR
4
SECRETARY OF STATE
9
SECRETARY OF
AGRICULTURE
5
SECRETARY OF THE
TREASURY
10
SECRETARY OF
COMMERCE
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How is the President of the
United States Elected?
The Electoral
College consists of
electors appointed
by each state who
formally elect the
President and Vice
President of the
United States.
How this works…the candidate who wins a states popular vote, gets all
of that states electoral votes. A candidate must have 270 electoral46 votes
to become President of the United States….