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EVERYTHING YOU WANTED TO KNOW ABOUT….. THE EXECUTIVE BRANCH. Article II “faithfully execute the laws of the United States.” Created office of the President & Vice President. REQUIREMENTS 1. Must be at least 35 years of age 2. Must be a natural born citizen (to foreign influence)
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Article II “faithfully execute the laws of the United States.” Created office of the President & Vice President REQUIREMENTS 1. Must be at least 35 years of age 2. Must be a natural born citizen (to foreign influence) 3. Must have lived in the U.S. for 14 years The Executive Branch *****Although not specifically states, the requirements for the Vice President are the same as the requirements for the President
The Executive Branch- The PresidentThe Main Roles of the Modern PresidentAre presidents unable to govern effectively because public expectations are too high? 1. The President= Chief of State 2. The President= Chief Executive 3. The President= Commander-In-Chief 4. The President= Chief Diplomat 5. The President= Chief Legislator 6. The President= Party Leader 7. The President= Popular Leader
The Executive Branch POWERS- Commander in Chief Importance: Civilian leader of the military Prevents military dictatorship within history This does not mean the president declares war *WAR POWERS ACT Presidents who have used this power-Lincoln, Roosevelt, Truman, Johnson, Nixon
The Executive Branch POWERS- Pardons & Reprieves Importance: Check on the Judicial branchIf Judiciary unfairly punishes criminal, President can fix abuse PARDON= Official forgiveness of crimes committed REPRIEVE= Cutting short a sentence Famous pardons: Eugene Debs (Harding); FORD PARDONS NIXON Some are controversial because they are done at end of administration Pardons & Reprieves are final, but if done with illegal intentions, President is subject to penalty (Clinton)
The Executive Branch POWERS-Veto Power Importance: Check on Legislative BranchPresident becomes involved in the creation of legislation with this threat Power of veto demonstrates power of the office or lack thereof (if overridden) Total Vetoes-2550 Total Overrides-106 Percentage of vetoes overridden- 4%Line Item Veto???
The Executive Branch POWERS- Treaty making Importance: Allows President to be major player within foreign policy arena This power is shared with Senate, who must ratify the treaty by 2/3 majority Famous Treaties: Treaty of Versailles (not passed), NAFTA, creation of NATO Total # of treaties rejected by Senate- 21
The Executive Branch POWERS- Appointments Importance: Check on judiciary and important in creation and executing policy Very rarely is President’s choice declined Simple majority vote needed Famous appoint battles: -John Ashcroft -Clarence Thomas -Robert Bork 27 Supreme Court nominees have been rejected (151) 9 presidential cabinet appointees have been rejected Recess Appointments????
The Executive Branch POWERS- State of the Union Importance: Public persuasion Allows President to announce policy goals and direction of country Does not have to be done in personFrom Jefferson to T. Roosevelt, done by letter; Wilson begins making it in person
The Executive BranchPOWERS- Sessions of Congress Checks on the Legislative Branch President may call special sessions of Congress for important matters President may tell Congress to go home Prorogue – Never been used in history of nation
The Executive BranchINFORMAL POWERSExecutive Orders/Agreements Not a formal power Exec. Order: acts with the power of a law Exec. Agreement: acts with the power of a treaty Differences: 1)these do not go through Senate and 2) does not have to be followed by next President Can be ruled unconstitutional by courts
The Executive Branch The President- The Bully Pulpit “The job of the president is not one of command but one of persuasion.” “The job of the president is to persuade people “to do the things they ought to have the sense enough to do without my persuading them.”- Harry Truman 3 major audiences- DC politicians, Party politicians, General public Goal: Turn public support into influence
Executive Privilege Refers to the assertion made by the President or other executive branch officials when they refuse to give Congress, the courts, or private parties information or records which have been requested or subpoenaed, or when they order government witnesses not to testify before Congress. The assertion is based on the constitutional doctrine of separation of powers, is always controversial, subject to interpretation, and often U.S. v Nixon-Famous case dealing with Executive Privilege
Executive Branch Checks and Balances THE EXECUTIVE BRANCH THE LEGISLATIVE BRANCH THE JUDICIAL BRANCH • Can veto laws • Can call special sessions of Congress • Negotiates Treaties • Executive Privilege • Appoints Judges • Can pardon and reprieve criminals
The Executive BranchAmendments Dealing w/ President Amendment 12: Electoral college shall have separate votes for President and Vice President Amendment 20: Inauguration Day: Jan. 20, if President elect dies before taking office, Vice President elect shall become new president
The Executive BranchAmendments Dealing w/ President Amendment 22: Known as the FDR amendment, no president shall serve more then 2 terms or 10 years in office Amendment 25: Known as the JFK amendment, 1) when vacancy opens in Vice President office, President may appoint new one w/ consent from both houses, 2) President may temp give up position by written letter to SOTH & Pres. Pro Temp (must write new letter to resume power) 3) Vice President and majority of cabinet can write letter to remove President. If President objects, it take 2/3 vote of both houses of Congress to remove him from office.
The Executive BranchThe President & FundraisingGeneral Fundraising Rules How much can A) individuals give political candidates per election B) PACs give political candidates? How much can an individual give a political party in donations? Can Presidential candidates receive government money for campaign spending? Are there any limitations? What are the requirements to get money? Are there disclosure rules when donating money?
The Executive BranchThe President & FundraisingGeneral Fundraising Rules • What is the outcome of the following court cases dealing with campaign finance? • Buckley v. Valeo (1973) • Austin v. Michigan State Chamber of Commerce (1990) • McConnell v. FEC (2003) • Randall v. Sorrell (2006) • Federal Elections Commission v. Wisconsin Right to Life (2007) • Davis v. FEC (2008) • Citizens United v. Federal Election Commission (2010)
Executive Office of the President • The Executive Office of the President is made up of White House offices and agencies. These offices help develop and implement the policy and programs of the president. • National Security Council (NSC), Office of Management and Budget (OMB) • Senior staff within the Executive Office of the President include Chief of staff, Advisors, speech writers, legal counselors. • Many of these positions do not need Senate approval.
The Executive BranchOther Interesting Facts & Info CompensationSalary: $400,000 (upgraded from $200,000)Free Housing (The White House)Free Transportation (Air Force One + Limo service)Fringe Benefits: Free Health Care, Secret ServicePension: $183,500/year for life, Spouse: $20,000/year Secret Service protection for life if chooses
Essential Questions • What are the qualifications for P & VP? • What are the roles of President? • What are the formal powers of the President? • What are the informal powers of the President? • How does the President check the other two branches? • How do Amendment 12, 20, 22, and 25 deal with the president? • Who makes up the EOP and what make them different from other high ranking members of the executive branch