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The Presidency: Analyzing the Role of the President in the Separation of Powers

This lesson focuses on the history and functions of the U.S. President, exploring their power within the separation of powers and checks and balances. Students will analyze how the presidency has evolved over time and consider the implications of the president's role in the government.

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The Presidency: Analyzing the Role of the President in the Separation of Powers

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  1. Analyze this picture. What does the picture imply about the president? Would you agree or disagree?

  2. The Presidency: The Leadership Branch Objective: To understand the history and basic functions of our President, and analyze the President’s power within the relationship of separation of power and checks and balances.

  3. The Framers • Realized the importance of “energy” within the presidency. • Worried about the possibility of a tyrant. • Settled on the Electoral College system.

  4. Electoral College • Voters cast ballots for competing slates of electors, who would in turn cast their votes for president. • “indirect election” • Also created vice presidency

  5. Qualifications: President and VP. • 1) 35 years of age • 2) natural-born citizens as opposed to immigrant who become citizens by applying to the U.S. goernment for naturalization • 3) residents of the US for the previous fourteen years. • (prevent popular foreign born citizen from taking office)

  6. Presidential Ticket • The president is whoever receives the most votes • VP is whoever receives the second most votes • What would be the problem with this?

  7. Twelfth Amendment: Presidential Ticket • Jefferson and Burr tie with 73 electoral votes a piece. • Thrown into the House of Reps. • Electors are allowed to cast two votes. One for President/one for vice.

  8. Lead army and navy Raise armies Build and equip fleets, Enforce treaties Suppress and repel invasions Commander n Chief

  9. “Limitations” Congress appropriates money for the purchase of arms and military pay and sole authority to declare war. Senate approves high-level military promotions.

  10. Diplomat n Chief • Treaties and executive agreements with foreign leaders. • Senate must “ratify” treaties

  11. Administrator and Chief • Day to day operations of the “federal bureaucracy.” • Appoints ambassadors, judges, and heads of executive offices. (subject to Senatorial approval.)

  12. Other Appointees • 2,000 jobs are not subject to Senatorial Approval. • Choose appointees on the basis of party loyalty, interest group pressue, and management ability.

  13. Others • Veto • Pardons • Take Care Clause (inherent powers) • Inform and Convene Congress (State of the Union)

  14. Succession • President • Vice President • Speaker of the House • President Pro Tempore • Secretary of State • Secretary of Treasury • Secretary of Defense

  15. War Powers Clause 1973 • President must notify Congress within 48 hours of deploying troops • Cannot keep troops in territory for more than 60 days, with 30 days withdrawal time (90 days total) without Congressional authorization or declaration of war.

  16. Cabinet • President • Vice President • Advisory council for the president, consisting of the heads of the executive departments (15 altogether.) • May also include others (Homeland Security/Chief of Staff)

  17. Executive Agreement • A formal but often secret agreement between the U.S. president and the leaders of other nations that does not require Senate approval. • These tend to expire when one leader or the other leaves office.

  18. The Case Act • States the President must notify Congress of any executive agreements within 60 of that agreement being formed. • Now reduced to 20 days.

  19. Iranian Nuclear Agreement

  20. Executive Order • A formal order issued by the president to direct action by the federal bureaucracy. • It lets Federal Agencies know how to behave.

  21. Gun control Order • Obama gives more money to the ATF • Increases background checks • Increases communication between state and local governments • Increase in mental health studies, and inclusion of mental health information in background checks.

  22. Obama: Immigration order • Allows for 5 million illegal immigrants to “come out of the shadows” and work legally in the U.S. • Supreme Court will rule on the executive order.

  23. FDR: Most Executive Orders

  24. Executive Privilege • The right to keep executive communications confidential, especially if they relate to national security.

  25. Not for Watergate

  26. Line-item veto • Presidential action of removing specific lines of a bill by Congress. • Unconstitutional, a violation of checks and balances.

  27. Impoundment: Clinton Budget

  28. Rally Point

  29. Departments: Department of……. Justice HUD State Transportation Treasury Energy Defense Education Interior Veterans Affairs Agriculture Homeland Security Commerice Labor Health and Human Services

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