THE EXECUTIVE BRANCH IN THE U.S.A.

1. UNIT 12 THE EXECUTIVE BRANCH IN THE U.S.A.

2. Discuss the following questions: • 1. What are the powers of the President of the Republic of Croatia? • 2. What is the difference between a presidential and a parliamentary system of government? • 3. Who were the most famous American presidents and why? • 4. Who wasthefirstAmerican president?

3. Preview • US President: responsibilities • Qualifications for thepresidency • Elections • Presidentialpowers: executive, military, foreignaffairs, legislative, judicial • The Vice President • Executive Office ofthePresident • TheCabinet • Impeachment: groundsand procedure • ArticlesofImpeachmentagainst Richard Nixon (July 27, 1974)

4. Presidentialoath • Before he enter on the Execution of his Office, the President shall take the following Oath or Affirmation:—"I do solemnly swear (or affirm) 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." (from the Constitution of the USA)

5. THE EXECUTIVE BRANCH • The power of the Executive Branch -vested in the President of the United States. • The president -responsible for implementing and enforcing the laws passed by Congress andappoints the heads of the federal agencies, including the Cabinet • The vice president -also part of the executive branch, ready to assume the presidency should the need arise. • The Cabinet and independent federal agencies are responsible for the day-to-day enforcement and administration of federal laws.

6. THE PRESIDENT • The president is both the head of state and head of government of the U.S.A., and commander-in-chief of the armed forces. • Under Article II of the Constitution, the president is responsible for the execution and enforcement of the laws created by Congress. • Fifteen executive departments carry out the day-to-day administration of the federal government.

7. Qualifications for thepresidency • The Constitution lists only three qualifications for the presidency. The president must be: • 35 years of age • a natural born citizen, and • must have lived in the United States for at least 14 years.

8. ELECTORAL COLLEGE • On the first Tuesday in November of every fourth year, the people elect the members of the Electoral College. • Apportioned by the population of the 50 states — one for each member of their congressional delegation (with the District of Columbia receiving 3 votes) — these electors then cast the votes for the president. • There are currently 538 electors in the Electoral College.

9. Electoralcollege • https://www.youtube.com/watch?v=yg8DsY1Daz8 • https://www.youtube.com/watch?v=g5PbodZMA2M

10. PRESIDENTIAL POWERS • The office of President of the United States is one of the most powerful in the world. • He or she presides over the executive branch of the federal government -- a vast organization numbering several million people -- and in addition has important legislative and judicial powers.

11. Executive Powers • Within the executive branch, the president has broad powers to manage national affairs and the workings of the federal government. The president can issue rules, regulations and instructions called executive orders, which have the binding force of law upon federal agencies • The president chooses the heads of all executive departments and agencies, together with hundreds of other high-ranking federal officials. • Mostfederal employees - selected through the civil service system, in which appointment and promotion are based on ability and experience.

12. Military Powers • As commander-in-chief of the armed forces of the United States, the president may also call into federal service the state units of the National Guard. • In times of war or national emergency, Congress may grant the president even broader powers to manage the national economy and protect the security of the United States.

13. Powers in Foreign Affairs • Under the Constitution, the president is the federal official primarily responsible for the relations of the United States with foreign nations. • Presidents appoint ambassadors, ministers and consuls, subject to confirmation by the Senate, and receive foreign ambassadors and other public officials. • With the secretary of state, the president manages all official contacts with foreign governments.

14. Legislative Powers • Despite the constitutional provision that "all legislative powers" shall be vested in Congress, the president can veto any bill passed by Congress and, unless two-thirds in each house vote to override the veto, the bill does not become law. • The Constitution grants the president 10 days to review a measure passed by Congress. If the president has not signed the bill after 10 days, it becomes law without his signature. However, if Congress adjourns during the 10-day period, the bill does not become law (pocket veto).

15. Pocket veto • The Constitution grants the president 10 days to review a measure passed by Congress. • If the president has not signed the bill after 10 days, it becomes law without his signature. • However, if Congress adjourns during the 10-day period, the bill does not become law (pocket veto).

16. Legislative powers • Much of the legislation dealt with by Congress - drafted at the initiative of the executive branch. • In annual and special messages to Congress, the president may propose legislation he or she believes is necessary. • If Congress should adjourn without acting on those proposals, the president has the power to call it into special session.

17. Judicial Powers • Among the president's constitutional powers is that of appointing important public officials; presidential nomination of federal judges, including members of the Supreme Court, is subject to confirmation by the Senate. • Another significant power - granting a full or conditional pardon to anyone convicted of breaking a federal law, except in a case of impeachment. • The pardoning power-to shorten prison terms and reduce fines.

18. The Vice President • The primary responsibility of the Vice President of the US is to be ready at a moment's notice to assume the presidency if the president is unable to perform his duties. • This can be because of the president's death, resignation, temporary incapacitation, or if the vice president and a majority of the cabinet conclude that the president is no longer able to discharge his duties. • The vice president is elected along with the president by the Electoral College, each elector casting one vote for president and another for vice president.

19. Executive Office of the President • To provide the president with the support he or she needs to govern effectively, the Executive Office of the President (EOP) was created in 1939 by President Franklin D. Roosevelt. • The EOP - tasks ranging from communicating the president's message to the American people to promoting American trade interests abroad. • The EOP, overseen by the White House Chief of Staff, has traditionally been home to many of the president's closest advisers. • While Senate confirmation is required for some advisers, such as the Director of the Office of Management and Budget, most are appointed with full presidential discretion.

20. The Cabinet • The Cabinet -an advisory body made up of the heads of the 15 executive departments. • Appointed by the president and confirmed by the Senate, the members of the cabinet are often the president's closest associates. • In addition to running major federal agencies, they play an important role in the presidential line of succession — after the vice president, Speaker of the House, and Senate president pro tempore, the line of succession continues with the cabinet offices in the order in which the departments were created. • All the members of the cabinet take the title Secretary, excepting the head of the Justice Department, who is styled Attorney General.

21. Read the text and answer the following questions: • What are the requirements for presidential office? In your opinion, should there be any additional requirements? • What does the Constitution determine in case of the president’s death, resignation or inability? • What is the most important task of the president according to the Constitution? • For what reasons can the president be removed from office?

22. II Answer the following questions. • 1. What does the executive branch consist of? • 2. How is the President of the USA elected? • 3. Which are the most important powers of the president? • 4. What happens if the president does not approve of a bill passed by Congress? • 5. What is a pocket veto? • 6. Who cannot be granted a full pardon? • 7. What is the primary responsibility of the vice president? • 8. What is the Cabinet? • 10. Who is the Attorney General?

23. Provide thetermsmatchingthefollowingdefinitions • confer or bestow (power, authority, property, etc.) on someone. • Vest e.g. "executive power is vested in the President„ • (in the UK, Canada, and other Commonwealth countries) the committee of senior ministers responsible for controlling government policy. • Cabinet • an officer in charge of all of the armed forces of a country, or a major subdivision of them; a politician or head of state in supreme command of a country's armed forces • Commander-in-chief

24. Provide thetermsmatchingthefollowingdefinitions • (in the US) a body of people representing the states of the US, who formally cast votes for the election of the president and vice president. • ElectoralCollege • 1. a person who votes: 2. (in the US) a member of an electoral college (= a group of people whose job is to choose a political leader) • elector • divide up and share out • Apportion

25. Provide thetermsmatchingthefollowingdefinitions • a rule or order issued by the president to an executive branch of the government and having the force of law. • Executiveorder • (in the US) the primary reserve military force partly maintained by the states but also available for federal use. • National Guard

26. Provide thetermsmatchingthefollowingdefinitions • a senior official of the federal government of the United States of America, and as head of the U.S.Department of State, is principally concerned with foreign policy and is considered to be the U.S. government's equivalent of a Minister for Foreign Affairs • Secretaryofstate • use one's authority to reject or cancel (a decision, view, etc.). • Override

27. Provide thetermsmatchingthefollowingdefinitions • break off (a meeting, legal case etc.) with the intention of resuming it later. • Adjourn • an indirect veto of a legislative bill by the US president or a state governor by retaining the bill unsigned until it is too late for it to be dealt with during the legislative session. • Pocket veto

28. Provide thetermsmatchingthefollowingdefinitions • the head of the US Department of Justice • Attorney General • a group of federal agencies supervised by directors or staffs that work directly with the president or a presidential assistant. • ExecutiveOffice ofthePresident

29. Provide thetermsmatchingthefollowingdefinitions • an Assistant to the President of the United States. The ___________oversees the Executive Office of the President (EOP) of the United States. This office was created in 1939 by President Franklin D. Roosevelt and is responsible for a variety of critical functions in support of the president’s work and agenda. • White HouseChiefofStaff

30. Provide thetermsmatchingthefollowingdefinitions • the order in which officials of the US federal government assume the powers and duties of the office of President of the United States if the president becomes incapacitated, dies, resigns, or is removed from office • The US presidential line ofsuccession

31. Read the text once again and complete the following paragraph. • The president can veto any bill passed by Congress and, unless two-thirds in each house vote to _____________ the veto, the bill does not become law. The Constitution grants the president 10 days to ___________ a measure passed by the Congress. If the president has not ______________ the bill after 10 days, it becomes law without his signature. However, if Congress _____________ during the 10-day period, the bill does not become law, which is known as pocket veto.

32. Match the verbs in the left column with the nouns in the right column.

33. Choose from the prepositions: for, by, in, to, on, against to complete the sentences. • Impeachment resolutions are made __ members of the House of Representatives. • Impeachment resolutions are turned over __ the House Judiciary Committee. • The House Judiciary Committee decides whether the resolution merits a referral to the full House ____ a vote on launching a formal impeachment inquiry. • The entire House of Representatives votes for or ___________ a formal impeachment inquiry. • The Committee votes ___ each article of impeachment. • The trial of the president is held ___ the Senate.

34. GROUNDS FOR IMPEACHMENT • The United States Constitution states in Article II, Section 4: "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."

35. Impeachment • Thus far in the history of the United States there have been three presidential impeachment proceedings: • 1) in 1868 against President Andrew Johnson for his removal of Secretary of War Edwin Stanton in violation of the Tenure of Office Act; • 2) in 1974 against President Richard Nixon for the Watergate cover-up; and • 3) in 1998-99 against President Bill Clinton for perjury and obstruction of justice. • None of them was convicted.

36. The Impeachment of Andrew Johnson (1868) • Johnson became President following Lincoln’s assassination (1865) • Retained Lincoln’s Cabinet, including Secretary of War Edwin Stanton, who demanded harsh measures against the South • Johnson favored lenient treatment of the South

37. The Impeachment of Andrew Johnson (1868) • The Tenure of Office Act (1867) prohibited the President from discharging any major government official without consent of the Senate; in spite of this, Johnson fired Stanton • Impeached by the House of Representatives • Tried before the Senate, Johnson was declared not guilty by a one-vote margin

38. The Resignation of Richard Nixon (1974) • Watergate: 1) a series of political scandals, • 2) the June 1972 break-in at Democratic national headquarters in Washington at the Watergate apartments to steal documents and “bug” the offices, and the subsequent efforts to hide involvement of top administration officials by a cover-up

39. TheResignationof Richard Nixon (1974) • Nixon claimed he had no knowledgeoftheWatergatebreak-in; • refusedtheprosecutor’s request to handinadditionaltapes on thegroundofexecutiveprivilege – therightofthePresident to maintaintheconfidentialityof his records

40. TheResignationof Richard Nixon (1974) • Two articles of impeachment: • 1) obstructing justice in the Watergate cover-up • 2) abuse of Presidential power for personal purposes

41. The Impeachment of Bill Clinton (1998) • The House of Representatives voted on four articles of impeachment: • 1) obstruction of justice, • 2) lying under oath (perjury), • 3) witness tampering, • 4) abuse of power

42. The Impeachment of Bill Clinton (1998) • The House approved two articles that accused Clinton of perjury and obstruction of justice • The Senate rejected both articles of impeachment in February 1999 • Both Senate votes fell considerably short of the two-thirds majority required for a conviction

43. Modern Impeachment Procedure • Impeachment resolutions made by members of the House of Representatives are turned over to the House Judiciary Committee which decides whether the resolution and its allegations of wrongdoing by the president merit a referral to the full House for a vote on launching a formal impeachment inquiry.

44. Impeachment procedure • The entire House of Representatives votes for or against a formal impeachment inquiry, needing only a simple majority (a single vote) for approval. • If approved, the House Judiciary Committee conducts an investigation to determine (similar to a grand jury) if there is enough evidence to warrant articles of impeachment (indictments) against the president. • The Committee then drafts articles of impeachment pertaining to specific charges supported by the evidence.

45. Impeachment procedure • If the full House approves at least one article of impeachment, the president is technically impeached and the matter is referred to the U.S. Senate. • The House then appoints members of Congress to act as managers (prosecutors).

46. Impeachment procedure • The trial of the president is held in the Senate with the Chief Justice of the U.S. Supreme Court presiding. • The president can be represented by anyone he chooses. • He may appear personally or leave his defence in the hands of his lawyers.

47. Impeachment procedure • After hearing all of the evidence and closing arguments, the Senate deliberates behind closed doors then votes in open session on whether to convict or acquit the president. • The vote to convict must be by a two thirds majority, or 67 Senators. • If this occurs, the president is removed from office and is succeeded by the vice president. • The Senate's verdict is final and there is no right of appeal.

48. Provide thetermsmatchingthefollowingdefinitions • a charge of misconduct made against the holder of a public office. • Impeachmente.g. "the president is facing impeachment • the crime of betraying one's country • Treason • the crime of giving someone, especially someone in a position of authority, money, a gift, etc. so that they will do something illegal or dishonest for you: • bribery

49. Provide thetermsmatchingthefollowingdefinitions • a non-indictable offence, regarded in the US (and formerly in the UK) as less serious than a felony. • Misdemeanor • the right to hold office for a period of time • Tenureofoffice • an attempt to prevent people discovering the truth about a serious mistake or crime • Cover-up

50. Provide thetermsmatchingthefollowingdefinitions • the offence of wilfully telling an untruth or making a misrepresentation under oath. • Perjury • the crime or act of willfully interfering with the process of justice and law especially by influencing, threatening, harming, or impeding a witness, potential witness, juror, or judicial or legal officer or by furnishing false information in or otherwise impeding an investigation or legal process • Obstructionofjustice