art. ii the executive branch qualifications for p & vp: - 35 years old - natural born citizen -...
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ART. II ART. II THE EXECUTIVE BRANCHTHE EXECUTIVE BRANCH
Qualifications for P & VP:- 35 years old- natural born citizen- U.S. resident for 14 years
Term of Office: 4 years - now limited by the 22nd
amendment to 2 terms(before this amendment,limited only by tradition)
Salary: $400,000 PLUS!!!!
($208,100 – VP)
SALARY & BENEFITS:
• $400,000 PLUS SALARY!!!!• ($227,300 – VP – same as Speaker & Chief Justice)
• $50,000 Expense Account +…• Benefits:
• Housing• Transportation• Health Care• Secret Service for Life• Pensions• Movie Theatre
PRESIDENTIAL SUCCESSION:
• If the President dies, resigns, is If the President dies, resigns, is removed from office or is unable removed from office or is unable to carry out his duties, the order to carry out his duties, the order of succession is as follows:of succession is as follows:
• Vice PresidentVice President• Speaker of the HouseSpeaker of the House• President Pro TemporePresident Pro Tempore• Secretary of StateSecretary of State
HEAD OF THEEXECUTIVE BRANCH
may ask advice of his Cabinet(heads of Executive Depts.)
POWERS OF THE PRESIDENTPOWERS OF THE PRESIDENT
Secretary of State John Kerry
Secretary of the Treasury Jacob Lew
Secretary of Defense Chuck Hagel
Attorney General Eric Holder
Secretary of the Interior Sally Jewell
Secretary of Agriculture Tom J. Vilsack
Secretary of Commerce Penny Pritzker
Secretary of Labor Thomas E. Perez
Secretary of Health and Human Services Kathleen Sebelius
Secretary of Housing and Urban Development Shaun Donovan
Secretary of Transportation Anthony Foxx
Secretary of Energy Ernest Moniz
Secretary of Education Arne Duncan
Secretary of Veterans Affairs Eric Shinseki
Secretary of Homeland Security Rand Beers (acting)
COMMANDER IN CHIEFhead of the armed forces(limited by War Powers Act)
GRANTS REPRIEVES & PARDONSReprieves = delay of punishmentPardon = forgiveness
POWER TO VETO LAWS PASSED BY CONGRESS
MAKE TREATIES with other countriesmust be approved by 2/3 of Senate
MAKE APPOINTMENTS to officeto cabinet, Supreme Ct. judges, etc.; must be approved by Senate (majority)
DUTIES OF THE PRESIDENT:DUTIES OF THE PRESIDENT:
• State of the Union address to Congress & the American people
• Official Host of the U.S. -- receives ambassadors & other public foreign officials
• Chief Executive – see that all federal laws are carried out (enforced)
IMPEACHMENT
-- The President, Vice President & other public officials may be impeached & tried for
treason, bribery & other
high crimes & misdemeanors.--Only 2 P’s ever impeached?
Election
• President & Vice President are only two offices in this country elected by the electoral college method
• Election date is always the Tuesday after the first Monday in November.
INAUGURATIONINAUGURATION
•Inauguration is always Jan. 20 (per the 20th Amendment)
•Oath of office is administered bythe Chief Justiceof the Supreme Court John G. Roberts, Jr.
SectionSectionOneOne
Only court established is the Supreme Court Power given to Congress to establish all
remaining federal courts Number has fluctuated, but now has nine
justice positions Appointed FOR LIFE – by President,
approved by Senate
The Roberts CourtThe Roberts Court(The Court is referred to by(The Court is referred to bythe name of the Chief Justice)the name of the Chief Justice)
Chief JusticeJohn Roberts
Justice Kagan (newest)
Justice Alito
Justice ScaliaJustice Kennedy
Justice Sotomayor
Justice Thomas
Justice Ginsburg
Justice Breyer
Article IIIArticle IIISection TwoSection Two
Federal courts deal with all cases involving the Constitution, U.S. laws & U.S. treaties
(Note: 95% rejection rate) Anyone accused of a
crime is entitled to a trial by jury, held in the state where the crime was committed
Article III, Section Article III, Section ThreeThree
TREASON is the only crime defined by the Constitution
TREASON consists of making war against the U.S. or aiding the enemies of the U.S.
No person shall be convicted of treason unless: – two witnesses
testify to some overt act of treason
–OR– there is a
confession in open court.
Why is it so difficult for conviction?
ARTICLE IVARTICLE IVRELATIONS AMONG RELATIONS AMONG STATESSTATES
““FULL FAITH & CREDIT” CLAUSEFULL FAITH & CREDIT” CLAUSE– States must give this to each otherStates must give this to each other– Must recognize Must recognize the public acts, records,
and judicial proceedings of each other Citizens have same rights in all Citizens have same rights in all
statesstates ““Extradition” Extradition” of criminalsof criminals Return of escaped slavesReturn of escaped slaves Only Congress can admit new states Only Congress can admit new states
to the Unionto the Union
ARTICLE V: ARTICLE V: AMENDMENTAMENDMENT Most common method:Most common method:
– 2/3 of Congress proposes an 2/3 of Congress proposes an amendmentamendment
– ¾ of states ratify the amendment¾ of states ratify the amendment– All but one amendment done via this All but one amendment done via this
methodmethod 2 methods of proposal:2 methods of proposal:
– Proposed by 2/3 of CongressProposed by 2/3 of Congress– 2/3 of states request a national 2/3 of states request a national
convention for proposalconvention for proposal 2 methods of ratification:2 methods of ratification:
– ¾ of state legislatures ratify¾ of state legislatures ratify– ¾ of state conventions ratify¾ of state conventions ratify
ARTICLE VIARTICLE VISUPREMACY CLAUSESUPREMACY CLAUSE
Supreme law of the United Supreme law of the United States consists of States consists of THREETHREE things:things:
1.1. The ConstitutionThe Constitution
2.2. All federal lawsAll federal laws
3.3. All federal treatiesAll federal treaties
ARTICLE VIIARTICLE VIIRATIFICATIONRATIFICATION
9 states required9 states required Constitution signed 1787Constitution signed 1787
AMENDMENTSAMENDMENTS 2727 Total amendmentsTotal amendments
The first Ten are The first Ten are Bill of RightsBill of Rights1.1. Freedom of speech, press, religion, assembly & Freedom of speech, press, religion, assembly &
petitionpetition2.2. Right to bear armsRight to bear arms3.3. Prohibits quartering of troops in homesProhibits quartering of troops in homes4.4. Prohibits Prohibits unreasonableunreasonable search & seizure search & seizure5.5. Protects against self-incrimination and double Protects against self-incrimination and double
jeopardy, power of eminent domain (with just jeopardy, power of eminent domain (with just compensation)compensation)
6.6. Right to a fair and speedy trialRight to a fair and speedy trial7.7. Right to a jury in civil trialsRight to a jury in civil trials8.8. Prohibits excessive bail and fines and cruel and Prohibits excessive bail and fines and cruel and
unusual punishmentunusual punishment9.9. Reserves Reserves rightsrights to the people to the people10.10. Reserves Reserves powerspowers to the states to the states
Presidential Amendments: 20 (inauguration) and 22 Presidential Amendments: 20 (inauguration) and 22 (two terms)(two terms)