executive

• chief of state: the ceremonial head of government (symbol)
• chief diplomat: the main architect of the nation's foreign policy and chief spokesperson to the world (executive agreements)
• commander in chief: leader of the nation's armed forces

  • only role stated in the Constitution
• chief legislator: the main author of the nation's public policies (proposing legislation)
• chief of party: the leader of the political party controlling the executive branch
• chief citizen: the representation of all people and the champion of public interest
• factors that increase approval ratings:

  • honeymoon period
  • foreign policy successes
  • national crises
  • strong economy
• the president has edge over Congress in gaining media attention

  • national constituency
  • speaks with a single voice
  • “leader of the free world”
  • more power than any individual member of Congress
• the State of the Union is a tradition that has its roots in the Constitution (used to be a written report from the president to Congress)
• Qualifications

  • over the age of 35
  • resident for 14 years
  • born in the US or have one citizen parent
• Vice President Role

  1. replace the President if needed
  2. split a tie in the Senate
  3. balancing the ticket
• 22nd Amendment: limits Presidents to no more than two full elected terms 

  • if a President succeeds after the middle of a term, they can serve no more than 10 years in office
• If a President dies, resigns, or is impeached, the Vice President succeeds to the presidency as Acting President
• If the President is temporarily incapacitated, the Vice President becomes Acting President until the President can resume office
• If there is a vacancy in the Vice President: the new president will nominate someone to be the New Vice President 

  • must be approved by a majority vote from Congress
• If a President knows he cannot fulfill the duties, he may communicate this to the Speaker and President Pro Tempore, passing his powers to his Vice President in writing

  • when resolved, the president may resume his powers by writing his fitness to them
• If the president is disabled but refuses to relinquish power, the Vice President and a majority of the cabinet may temporarily depose him by sending a written statement to the Speaker and President Pro Tempore

  • President may send his letter defending his ability to serve
  • Congress must convene within 48 hours to consider which faction to support
• ordinance power: the authority to issue executive orders
• executive order: directives, rules, or regulations issued by the President that have the force of law
• executive privilege: a right claimed by some Presidents that allows them to refuse to provide certain information to Congress or federal courts
• Chief Executive Power

  1. “faithfully execute “ the laws
  2. require the opinion of heads of executive departments
  3. grant pardons for federal offenses except impeachment
  4. nominate judges of the Supreme Court and other officers of the United States with the consent of the Senate
  5. fill vacancies that may happen during the recess of the Senate
• Executive Powers

  • appoint
  • regular veto
• Judicial Powers

  • pardon: no check on pardoning power at the Federal level -- person being pardoned has to accept it
  • commutation – to lessen a sentence
  • clemency – leniency or mercy for a crime
  • amnesty – forgiveness of a crime to a group of people
• Foreign Affairs

  1. appoint ambassadors, minsters, and consults
  2. make treaties subject to Senate confirmation
  3. receive ambassadors
• Chief Legislator

  1. give State of the Union address to Congress
  2. recommend “measures’’ to the Congress
  3. upon “extraordinary occasions” convene both houses of Congress
  4. veto powers
• Presidents can only introduce conflict if:

  1. Congress declares war
  2. Congress authorizes military action
  3. national emergency created by an attack on the US or armed forces

  • President must inform Congress within 48 hours
  • withdraw within 60 days unless Congress allows them to stay longer
• Informal Powers:

  1. executive orders
  2. executive agreements
  3. executive privilege
• executive agreements: international agreements made by a president that have the force of a treaty

  • does not need Senate approval (bypass Congress)
• recognition: the act of acknowledging the legal existence of a country and its government
• persona non grata: an unwelcome person
• In the 1974 case, United States v. Nixon, the Court ruled unanimously that the President could claim executive privilege in matters involving national security

  • executive privilege cannot be used to prevent evidence from being heard in a criminal proceeding -- deny the 6th Amendment guarantee of a free trial
  • executive privilege is not immune to judicial review
• stewardship doctrine: president has the ability to exercise power in multiple ways and areas

  • as long as it is not specifically prohibited by the Constitution
  • increases the power of the president
• unitary executive theory: gives the president and executive branch basically unlimited power

  • complete power to develop rules and policies
• Chief of Staff: top aide to the President

  • complete trust and longtime associate/friend
  • one of the most powerful people -- responsible for managing the Executive Office and controls access to the President
  • tremendous impact on presidential effectiveness
• National Security Council: direct access to the president in matters relating to military and foreign policy

  • headed by national security advisor
  • national emergencies
  • largely free from congressional oversight
• Domestic Policy Council: formulating policies relating to many areas

  • energy, education, agriculture, natural resources, economic affairs, health and human resources, welfare reform, drug abuse, and crime
• Council of Economic Advisors: helping the President make national economic policy

  • advise the president on policies designed to increase prosperity
• U.S. Trade Representative: negotiating complex trade and tariff agreements for the president