Executive Branch

Alexander Hamilton’s Federalist No. 70 argues for a single, energetic executive to effectively govern the new U.S. government. The essay explains that a unitary executive is necessary for national defense, law enforcement, and protecting liberty because a single leader can act decisively, unlike a plural executive which is prone to conflict and inaction #gopo

The President

• Head of the executive branch and tasked with carrying out the nation’s laws
• Elected through electoral congress, 270 to win
• Must be 35 years old, natural born citizen, resident for 14 years
• 4 year terms, now limited to 2 terms
  • FDR only one to serve more than 2
• Each political party determines its own candidate through a primary election, before this it was party caucuses

Roles of the President

• Chief Executive
  • Large ability to shake the beurocracy and picks people to head committees
  • Can control funding in a way
• Chief Legislator (Head of Government)
  • Figurehead of the country
  • Has to give state of the union and sign laws into effect
  • Can suggest budget + policy proposals
• Head of State
  • Chief Diplomat
  • Face of the nation, go around the world as the representative of the country with foreign leaders, hosting state dinners
  • Choose ambassadors for other countries
    • Reward for political support or prominence in politics
      • Real professional diplomats for important ones
• Commander in Chief of the military
  • Take orders from civilian who holds political position
  • Extent to which president goes to war
  • World moves faster so troops get sent without congressional approval
• Crisis management
  • Creates and leads teams of peoole
  • Inspiration for the people
• Political Party Leader
  • Campaigns and is the figurehead of the party
  • Nominated by the party to lead them
  • Even if people start to go against them, the president is still the face of the party
    • For example House republicans vs Maga trump

Powers of the President

Formal Powers

• Listed specifically in the constitution
• Make sure that laws are executed
• Nominates officials
  • With senate confirmaiton
• Request written opinions from administrative officials
• Fill administrational vacancies during congressional recess
• Foreign Policy (head of state)
  • Commander in chief or army
  • Make treaties with other countries
  • nominate + receive ambassadors
  • confer diplomatic recognition on other governments
• Judicial
  • Grant pardons and reprieves for everything except impeachment
  • Nominate federal judges
• Legislative - head of government
  • Recommend legislation to Congress
  • Present information in state of the union address
  • Convene congress on extraordinary occasions
  • Adjourn Congress if House and Senate cannot agree
  • Veto legislation
    • Formal rejection by president of a bill that has passed both houses, has 10 days or else it is passed.
    • Vetos can be overridden with a 2/3 vote.
  • Pocket Veto
    • An indirect veto where the president doesnt sign a bill over the time which Congress isn’t in session.

Informal Powers

• Unilateral Presidential Action
  • Bargaining and persuasion
    • Sets priorities for congress and attempts to get their own agenda passed
  • Bully pulpit: go to the public and speak to get support
  • Issuing executive orders
    • Regulations to run the government and direct the bureaucracy. These are the presidents instructions on how to implement a law or policy. Executive orders dont require congressional approval and expire at the end of the presidents term
  • Issuing signing statements
    • Gives the presidents intended interpretation of a bill signed by congres
  • Negotiating executive agreements
    • Agreements with heads of foreign governments that arent approved by the senate. Not as durable as a treaty and expire when the presidents term is over
    • Often kept secret from the public and congress
  • Executive Privilege
    • Right claimed by president to keep information and records confidential from Congres and the public
      • Usually details that led to decision made by the president

The Cabinet

• Group of presidential advisers including the heads of the executive departments, vice president, attorney general, and other officials chosen by the president
• Cabinet heads are confirmed by the senate
• Cabinet members act as a link between the president and federal beuareucracy and will often leave at the end of a presidents itme in office
• In choosing cabinet members presidents have to consider a lot of factors
  • Don’t want to challenge their own executive power but also need someone popular with the people
  • Good base to be seen as representing the people and considerate of all political opinions

Modern Presidency (FDR forward)

• The president now regularly initiates legislation
• The president now has greater authority over trade policy and war
• The president is now the focus of greater public attention
• Large staff working for the president housed in the EOP (executive office of the president)
  • Created by FDR to meet the demands of the great depression
  • Includes:
    • Office of management and budget
    • National Security Council
    • Council of Economic Advisors
• Vice President
  • Serves as president of Senate but cannot debate, votes in case of a tie
  • Assumes the office of president if the sitting president can no longer serve
  • 25th amendment allows the vice president to take power if the president cant perform their duties
  • Politically VP candidates are chosen to round otu a presidential ticket or to win battleground states. For example, Trump chose Pence because it could win him evangelical christian states
  • Can’t be from the same state as the president
• First Spouse (Lady)
  • Wife or husband of the president doesnt have a formal role but is a key advisor
  • Chooses policy areas to use their influence and visibility to call attention to certain issues
    • Michelle Obama chose to focus on nutrition and obesity while Melania Trump focused on bullying

Limits on Executive Power

• Divided government
• Senate checks on judicial, cabinet, executive branch office picks, treaties (2/3 of senate vote)
• Override vetoes (2/3 of both houses of Congress)
• Judicial Review

War Powers Resolution (1973)

• President may only introduce armed forces into conflict if:
  • Declaration of war by Congress
  • Specific statutory authorization by Congress
  • National emergency is created by an attack on the US or its forces
• The President is required to notify Congress within 48 hours of:
  • The circumstances necessitating the introduction of the armed forces
  • The scope and duration of hostilities or involvement
• The President must withdraw in 60 days (+possible 30 day extension) unless:
  • Congress has declared war
  • Congress has passed a specific authorization
  • Congress has extended the notification deadline
  • Congress is physically unable to meet

Rallying around the flag - when the president is involved in justified military action there is a surge in nationalism and popularity