The Executive Branch Flashcards
Two eras in the executive branch?
-Pre-watergate
-Post-watergate
Pre-watergate?
-Executive was the embodiment of the nation
-Symbol for all of America
Post-watergate?
-After July 17, 1972, watergate break-ins
-Nixon resigned August 9, 1974
-America became suspicious of the President
Making of the President: executes laws
-Carries out and enforces laws once passed by congress
-Elected official of the US gov
-Most important and prominent figure in the US gov
Making of the President: electoral college
-A unique American institution made up of representatives from each state called electors
-Chosen by methods determined in each individual state
-Winner must receive majority
-1876: Samuel Tilden received more popular votes, but less electoral votes
-Grover Cleaveland lost re-election even though he received more popular votes
-1824: No majority, so House of Reps had to decide (JQ Adams v A Jackson)
Making of the President: qualifications
-At least 35 years old
-Natural born US citizen
-Resident for at least 14 years
-Can be a man or a woman
Making of the President: term
-Constitution set term at 4 years and unlimited for re-election
-1951: 22nd amendment limits to 2 four year terms; maximum of 10 years
Making of the President: salary and benefits
-$400,000 a year/non-negotiable; fixed by congress, cannot be decreased or increased during service
-$50,000 a year for expenses related to official duties
-$120,000 a year for travel and entertainment expenses
-Pension for POTUS and spouse varies according to cost of living
-Free office space and mailing services; budget of $96,000 for office help
-Use of air force 1, helicopters, and limousines
-Residence in 132 room White House, which includes swimming pool, tennis courts, movie theater, bowling alley, and 80 person household staff
-Free medical and dental care
Making of the President: impeachment
-Treason, bribery, high crimes, and misdemeanors
-House of Reps investigate
-Senate acts as court of law and tries the POTUS
-SC chief justice presides
-2/3 vote required to remove POTUS from office
Making of the President: Presidential Succession Act of 1947
-Outlined order of who would be next in line if the POTUS died while in office: VPOTUS, Pres ProTempore, Sec of State, Sec of Treasury, Sec of Defense, Cabinet sec in order of their creation
-25th Amendment: If POTUS becomes incapacitated, VP will take over
Presidential Powers?
Appointment
Power to convene congress
Power to make treaties
Veto Power
Commander in chief
Pardoning power
Appointment?
-Help POTUS with enforcement of laws made in congress
-Gives the POTUS the power to appoint with the advice and consent of the senate
-ambassadors
-public ministers and counsels
-supreme court justices
-federal judges
-officers of the US
-the people the POTUS chooses often determine public policy and law
-over 3,000 appointment today
-the cabinet
The cabinet?
-a formal body of presidential advisors, who head 15 departments within the American gov
-populated by advisors who aid in policy and lawmaking decisions
Power to convene congress?
-Has authority to get together both houses of Congress in a state of emergency
-Must get together once a year (state of the union address): explain where the country is and where it is going with the chance to reach the public (economic stability, healthcare, education, foreign affairs, other important issues)
Power to make treaties?
-Agreement between 2+ countries
-In order to make a treaty with another gov, POTUS must have approval of 2/3 of the senate
-executive agreement
Executive agreement?
Informal power:
-method by which the POTUS bypasses the treaty process by entering into secret arrangements with foreign govs without senate approval
-unlike treaties, the are not building on subsequent administrations
-gives POTUS a lot of power in foreign relations
Veto power?
-POTUS has the power to reject any piece of congressionally passed legislation
-qualified negative
-line-item veto
Qualified negative?
-If a POTUS vetoes, congress can override with 2/3 vote of both houses
-Congress rarely able to do so
-Pocket veto
Line-item veto?
Line Item Veto Act of 1996: allowed the POTUS to veto sections of appropriation bills only
Clinton v City of NY 1997: line item veto act and clinton’s veto were unconstitutional based on the principle of separation of powers
Commander in chief?
-leader of the armed forces: army, navy, air force, marines, coast guard, national guard
-highest military leader of the country
-power to enforce all necessary laws and even override legislative power given to Congress in the Constitution
-executive orders
-war powers act of 1973
Executive orders?
Informal power:
-allows the POTUS to manage the federal gov
-often leads to conflict with congressional agenda
War powers act of 1973?
-restricts president’s ability to commit combat troops without their say so
-passed after nixon vetoed it
-limites POTUS’s authority to send soldiers into danger without congressional approval
-Ex: vietnam
-each POTUS since nixon has questioned its constitutionality
Pardoning power?
-not frequently used
-executive grant releasing an individual from punishment or legal consequences of a crime before or after they are convicted
-ford pardoned nixon
-carter pardoned vietnam draft dodgers
-usually on the eve of leaving office
Who established a foundation of presidential powers?
first 3 presidents: GW, J Adams, TJ
