Created by Article II of the Constitution

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Structure of the Executive Branch

Executive Office

Cabinet Departments

Agencies

PRESIDENTIAL QUALIFICATIONS

AGE 35

CITIZENSHIPNATURAL

BORN

U.S. CITIZEN

RESIDENCY

HAVE LIVED IN THE U.S.

AT LEAST 14 YEARS

TO BE THE PRESIDENT YOU MUST FILL ALLOF THE FORMAL REQUIREMENTS.

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EXECUTIVEPOWERS

DIPLOMATICPOWERS

MILITARYPOWERS

LEGISLATIVEPOWERS

Powers of the PRESIDENT of the United States

JUDICIALPOWERS

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EXECUTIVE POWERSEXECUTIVE POWERS ARE THOSE POWERS THE PRESIDENT HAS AND USES TO MAKE SURE THAT FEDERAL LAW IS CARRIED OUT. THEY INCLUDE:

-EXECUTINGTHE LAW

-APPOINTING POWER

-REMOVAL POWER

-ORDINANCE POWER

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EXECUTIVE POWERSEXECUTING THE LAW

THE PRESIDENT HAS THE JOB, RESPONSIBILITY AND DUTY TO MAKE SURE THAT ALL LAWS ARE ENFORCED AND ADMINISTERED, AS PER THE CONSTITUTION:

ARTICLE II, SECTION 1, CLAUSE 8 (THE PRESIDENTIAL OATH)

ARTCLE II, SECTION 3, CALLED THE “TAKE CARE” POWER 6

* The President has the power to issue executive orders.

*An EXECUTIVE ORDER is a directive, rule, or regulation that has the effect of law. While the order is not an actual law, it is treated like one.

*This power is given to the President from two sources: the Constitution and Congress.

EXECUTIVE POWERSORDINANCE POWER

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Executive Orders

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• Executive Order:1st time ever issued: President George

WashingtonCreation of a National day of

Thanksgiving, 1789

1794 Executive Order; Whiskey Rebellion to disperse

• Legitimate uses

EXECUTIVE POWERSORDINANCE POWER

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Executive OrderCommander in Chief. The President's power as Commander in Chief is limited by other constitutional powers granted to Congress, such as the power to declare war, raise and support the armed forces, make rules (i.e., laws) for the regulation of the armed forces, and provide for calling forth the militia of the several states. However, the President's power as military commander is still very broad with respect to the armed forces at his disposal, including some situations in which Congress has not acted to declare war. President may send troops into combat to keep the nation safe.

EXECUTIVE POWERSORDINANCE POWER

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COMMANDER IN CHIEF War Powers Act:

The President in every possible instance shall consult with Congress before introducing United States Armed Forces

into hostilities or into situation where imminent involvement in hostilities is clearly indicated by the circumstances, and after every such introduction shall consult regularly with the Congress until United States Armed Forces are no longer engaged in hostilities or have been removed from such situations.

If the president sends troops into hostilities/conflict he must consult with Congress, and keep Congress up to date on progress periodically.

EXECUTIVE POWERSOrdinance Power: Executive Orders

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Executive OrderHead of State. The President is solely responsible for carrying out foreign policy, which includes the sole power to recognize foreign governments, receive foreign ambassadors, and negotiate treaties. Congress may enact laws affecting foreign policy, and two-thirds of the Senate must ratify any treaty before it becomes binding law, but Congress must still leave the execution of foreign policy and diplomatic relations to the President.

EXECUTIVE POWERSORDINANCE POWER

President is responsible for foreign policy, however treaties, ambassadors, etc…must be approved by the Senate

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Executive OrderChief Law Enforcement Officer. The President has the sole constitutional obligation to "take care that the laws be faithfully executed," and this grants him broad discretion over federal law enforcement decisions. He has not only the power, but also the responsibility to see that the Constitution and laws are interpreted correctly.18 In addition, the President has absolute prosecutorial discretion in declining to bring criminal indictments. As in the exercise of any other constitutional power, one may argue that a particular President is "abusing his discretion," but even in such a case, he cannot be compelled to prosecute any criminal charges.

EXECUTIVE POWERSORDINANCE POWER

President has the power to see that all laws are enforced, and can use whatever means necessary to see that they are. President has the authority to decide whether or not to bring criminal indictments.

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Chief Law Enforcement Officer The Patriot Act

was signed on October 26, 2001 to allow governmental agencies to have a broader hand to deal with terrorism.

It allows for searches of homes and business, and much more access to electronic communications.

EXECUTIVE POWERS

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Executive OrderHead of the Executive Branch. The Framers debated and rejected the creation of a plural executive. They selected a "unitary executive" and determined that he alone would be vested with "[t]he executive power" of Article II. After much debate, the Framers also determined that the President would nominate and appoint (with the Senate's consent in some cases) all officers in the executive branch. With very few exceptions, all appointed officials who work in the executive branch serve at the will and pleasure of the President, even if Congress has specified a term of years for a particular office.19 All of this was designed to ensure the President's control over officials in the executive branch

and to promote "energy in the executive."

The President appoints all officials who work in theExecutive branch. He has the power to hire and fire those workers at his discretion.

•The President has the power to appoint nearly three million federal civilian employees.

•Once the President receives the consent of the Senate, he appoints most of the top-ranking officials in the Federal Government.

•Some examples are: federal judges, cabinet members, heads of independent agencies, and officers of the military.

SENATORIAL COURTESY – Presidential Appointments Need Appointees Home Senators Approval

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EXECUTIVE POWERSAPPOINTING POWER

*The President can remove anyone from office who he has appointed.

*The only restriction on this power is that the President cannot remove Supreme Court Justices from the bench.

*Three major reasons for removal are: inefficiency in office, neglect of duty, or inappropriate behavior.

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EXECUTIVE POWERREMOVAL POWER

DIPLOMATIC POWERS

THE PRESIDENTS DIPLOMATIC POWERS ARE AMONG HIS MOST POWERFUL. THEY INCLUDE:

• POWER TO MAKE TREATIES

• POWER OF EXECUTIVE AGREEMENTS

• POWER OF RECOGNITION

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*treaty=formal agreement between two or more sovereign states

*The President usually negotiates treaties through the Secretary of State (Hillary Clinton).

*The Senate must give approval for these international agreements with a 2/3 vote.

DIPLOMATIC POWERSPOWER TO MAKE TREATIES

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Executive Agreements are like treaties in that they are agreements between the President and foreign leaders or their

subordinates. They are different in that they do not require the approval of the

Senate. They usually stem out of previous legislation, or a previous treaty.

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DIPLOMATIC POWERSPOWER EXECUTIVE AGREEMENTS

*The President, representing the United States, acknowledges the legal existence of a country and its government.

*This recognition can make or break the survival of a new country.

*This recognition is not permanent. It can change with revolutions or changes in the government.

DIPLOMATIC POWERSPOWER OF RECOGNITION

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MILITARY POWERS

*During wartime, the President can make critical decisions that he feels is necessary for wartime AS COMMANDER AND CHIEF.

*The President has the power to send troops into combat, without approval by Congress. This is referred to as undeclared war.

*Finally, the President can use troops for domestic peace within the United States. “National Guard” 21

LEGISLATIVE POWERS

*The President possesses the power to submit or RECOMMEND ideas for laws to Congress.

*The President gives a “STATE OF THE UNION” address each year, where he presents ideas for new legislation to Congress.

* The president has the power to CALL SPECIAL SESSIONS of Congress if a pressing matter occours.

The power of VETO (reject) any law sent to him by Congress

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LEGISLATIVE POWERSPOWER OF VETO

*When a bill is presented to the President, he can do one of four things:

1. Sign it and pass the law,

2. Veto the law,

3. While Congress is in session, he can not touch the bill and it will pass in 10 days

4. Pocket veto, or while Congress is not in session, he can not touch the bill and it will not pass.

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JUDICIAL POWERS

Pardon – issued by the president it is legal forgiveness for a crime

Amnesty – issued by the president it is a pardon for a large group of people

Reprieve – issued by the president it is postponing a sentence

Commutation- issued by the president it is a reduction of a sentence

ACCORDING TO ARTICLE II, SECTION 2, CLAUSE 1 THE PRESIDENT HAS THE POWER TO ISSUE:

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ROLES OF THE PRESIDENT

CHIEFEXECUTIVE

CHIEFCITIZEN

CHIEFADMINISTRATOR

CHIEFDIPLOMAT

COMMANDERIn CHIEF

CHIEFLEGISLATOR

CHIEF OFPARTY

CHIEF OFSTATE

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CHIEF EXECUTIVE

This role of the President allows him to ensure that the

laws of the nation are carried out

fairly.26

CHIEF DIPLOMAT

This role of the President allows him to

establish foreign policy

with other nations.

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CHIEF LEGISLATOR

This role of the President allows

him to submit ideas for new laws for the

United States.

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CHIEF CITIZEN

This role of the President infers

that he is the moral leader and figurehead of the

United States.

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CHIEF OF STATE

This role of the President states

that the President is the

head of the national

government.

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CHIEF ADMINISTRATOR

This role of the President states

that the President is the

“boss” of government employees.

(Bureaucracy)31

COMMANDER IN CHIEF

This role of the President allows him to command all United States

military troops.

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CHIEF OF PARTY

This role of the President states that he

is the informal

leader of his political party.

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EXECUTIVE OFFICES“The President’s right arm" as it is referred to is the several offices that are staffed by the President’s closest advisors, and are designed to help the President make, and enforce policy. They include:

NATIONALSECURITYCOUNCIL

OFFICE OF MANAGEMENTAND BUDGET

OFFICE OF NATIONAL DRUG

CONTROL POLICY

COUNCIL OFECONOMICADVISORS

CABINET OTHERS/AGENCIES

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EXECUTIVE OFFICESNATIONAL SECURITY COUNCIL

The National Security Council is the President's principal forum for considering national security and foreign policy matters with his senior national security advisors and cabinet officials.

Since its inception under President Truman, the function of the Council has been to advise and assist the President on national security and foreign policies.

The Council also serves as the President's principal arm for coordinating these policies among various government agencies.

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EXECUTIVE OFFICESOFFICE OF MANAGEMENT AND BUDGET

OMB's predominant mission is to assist the president in overseeing the preparation of the federal budget and to supervise its administration in executive branch agencies.

In addition, OMB oversees and coordinates the administration's financial management, information, and regulatory policies.

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The principal purpose of ONDCP is to establish policies, priorities, and objectives for the Nation's drug control program.

The goals of the program are to reduce illicit drug use, manufacturing, and trafficking, drug-related crime and violence, and drug-related health consequences.

To achieve these goals, the Director of ONDCP is charged with producing the National Drug Control Strategy.

The Strategy directs the Nation's anti-drug efforts and establishes a program, a budget, and guidelines for cooperation among Federal, State, and local entities.

EXECUTIVE OFFICESOFFICE OF NATIONAL DRUG CONTROL

POLICY

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EXECUTIVE OFFICESCOUNCIL OF ECONOMIC ADVISORS

The CEA was established by the Employment Act of 1946 to provide the President with objective economic analysis and advice on the development and implementation of a wide range of domestic and international economic policy issues..

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EXECUTIVE OFFICESCABINET

The tradition of the Cabinet dates back to the beginnings of the Presidency itself.

One of the principal purposes of the Cabinet (drawn from Article II, Section 2 of the Constitution) is to advise the President on any subject he may require relating to the duties of their respective offices.

The Cabinet includes the Vice President and, by law, the heads of 15 executive departments-the Secretaries of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs, and the Attorney General.

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The Cabinet

* Department of Agriculture (USDA) * Department of Commerce (DOC) * Department of Defense (DOD) * Department of Education (ED) * Department of Energy (DOE) * Department of Health and Human Services (HHS) * Department of Homeland Security (DHS)

* Department of Housing and Urban Development (HUD) * Department of Justice (DOJ) * Department of Labor (DOL) * Department of State (DOS) * Department of the Interior (DOI) * Department of the Treasury * Department of Transportation (DOT) * Department of Veterans Affairs (VA)

EXECUTIVE OFFICESOTHER OFFICES

The other offices of the Executive Branch are as varied as they are in numbers. Some of the other areas include:

Office of Policy Development - Advises President on domestic concerns

National Space Council-Advises President on civil and military efforts in space

Council on Environmental Quality- Aids the President on environmental policy matters.

Office of U.S. Trade Representatives – Advises the President on matters of foreign trade.

Office of Science and Technology- Advises on all scientific, engineering, and technology advances. 41

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A regulatory agency is a government department that has responsibility over the legislation (acts and regulations) for a given sector. Regulatory agencies exist at the federal and state level. These agencies can impact a variety of businesses, in a variety of ways - through regulations on products, antitrust rulings, compliance laws, etc…

EXECUTIVE OFFICESOTHER OFFICES

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Animal and Plant Health Inspection Service (APHIS) Army Corps of Engineers Bureau of Alcohol, Tobacco and Firearms (ATF) Commodity Credit Corporation (CCC) Commodity Futures Trading Commission (CFTC) Consumer Product Safety Commission Department of Veterans Affairs (VA) Drug Enforcement Administration Employment and Training Administration (ETA) Employment Standards Administration (ESA) Environmental Protection Agency (EPA) Equal Employment Opportunity Commission (EEOC)

Farm Credit Administration (FCA) Federal Aviation Administration (FAA) Federal Communications Commission (FCC) Federal Deposit Insurance Commission (FDIC) Federal Election Commission (FEC) Federal Energy Regulatory Commission (FERC) Energy Efficiency and Renewable Energy (EREN) Federal Highway Administration (FHA) Federal Maritime Commission (FMC) Federal Railroad Administration (FRA) Federal Trade Commission (FTC) Food and Drug Administration (FDA) Nuclear Regulatory Commission (NRC) Securities and Exchange Commission (SEC)

The following is a list of selected U.S. federal regulatory agencies:

VICE PRESIDENTIAL DUTIES

Constitutionally, the Vice President has only two formal duties:

1. preside over the Senate

2. help decide the question of presidential disability (presidential disability is when the president is unable to carry out his duties)

The other assumed purpose of the Vice President is to be a president in waiting.

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PRESIDENTIAL SUCCESSIONIS THE ORDER IN WHICH INFERIOR OFFICERS CAN BE

PROMOTED TO THE OFFICE OF PRESIDENT IN CASE OF A VACANCY. THE CURRENT SYSTEM WAS ESTABLISHED BY

THE 25TH AMENDMENT AND CURRENTLY HAS 18 POSITIONS. HERE ARE THE FIRST 10.

1 VICE PRESIDENT 6 SECRETARY OF DEFENSE

2 SPEAKER OF THE HOUSE 7 ATTORNEY GENERAL

3PRESIDENT PRO TEMPORE

8SECRETARY OF THE INTERIOR

4 SECRETARY OF STATE 9SECRETARY OF AGRICULTURE

5SECRETARY OF THE TREASURY

10SECRETARY OF COMMERCE 45

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The Electoral College consists of electors appointed by each state who formally elect the President and Vice President of the United States.

How is the President of the United States Elected?

How this works…the candidate who wins a states popular vote, gets all of that states electoral votes. A candidate must have 270 electoral votes to become President of the United States….