US GOVERNMENT

TEST #4

Executive Branch

President Vice President Executive Departments

Constitutional Roles of the President

Chief of State – ceremonial Chief Executive – domestic and foreign

affairs powers given by the constitution.

Chief Administrator – directs an administration of 2.7 million civilians and spends over a $ Trillion a year

Chief Diplomat – foreign policy Commander-in-chief – head of the

military

Chief Legislator – shapes the Congressional agenda

Chief of Party – leader of his political party

Chief Citizen – expected to lead the people

Pay - $400,000 plus $50,000 expense account

Term› 4 years› 22nd limits to 2 terms

Qualifications› Natural born citizen› 35 years old› Resident of the U.S. for 14 years

Presidential Succession

Vice President› 1st time in 1841 – constitution only says he will

take over the duties not the actual office – clarification by the 25th Amendment

Speaker of the House President pro tempore of the Senate Secretary of State Secretary of Treasury The rest are the cabinet positions in the

order of their creation

Vice-President

Provides over the Senate› Only votes to break a tie

Helps decide the disability of a President

“balances the ticket” for an election

Selection of the President

“Wisest and best man” Hamilton’s Plan – Presidential electors

with 2 votes each for a different candidate – 1st would be President, 2nd would be VP

1796 – JQ Adams wins by 3 votes and Jefferson becomes VP – opposing parties

Election of 1800 – tie between Jefferson and Burr because the votes were by party line

House of Representatives decided in favor of Jefferson› 3 new elements

Party nominations Separate nominations for Pres. And VP Automatic votes in line with pledges

12th Amendment – separated electoral votes

Presidential Nominations

Party conventions established by the committee

Apportionment by delegates – party give each state # based on electors plus bonus if state supported prior candidates

Selection of delegates established by the party and state law

Presidential Primaries

An election by party voters to choose delegates and express preferences

75% of delegates 1905 – 1st (Wisconsin Reforms) 44 states hold primaries – mostly by

Democrats New Hampshire has the 1st every 4 years Proportional representation varies –

some states have “winner take all”

Caucus-Convention Process

Party voters meet in local level groups Choose delegates Iowa has the earliest - Republican

National Convention

Platform – principles and objectives Keynote Address – Best orator delivers

speech to motivate and establish general goals

The Election

Electoral College› Based on members of Congress› Framers wanted electors to use their own

judgment, but “rubberstamp” today› Chosen by popular vote – “winner take all”

except Maine and Nebraska – 2 at large/others by district

› Election 1st Tuesday after 1st Monday in Nov.› Electoral vote – Mon. after 2nd Wed. in Dec. at

State Capital, then sent to the Pres. Of the Senate

› Jan. 6 – President of the Senate reads the votes

› No Majority or a tie – House votes on top 3 – 1 per state with 26 needed to win – if none is selected, VP acts as President until one is chosen

› If no majority for VP – Senate will choose- 1837 (Richard Johnson)

System Flaws

Popular vote winner not guaranteed Presidency› 1824, 1876, 1888, 2000 (Supreme Court voted 5-4

to give Bush Florida’s votes making him the winner› 15 Presidents won a plurality not majority

Electors are not required to vote according to popular vote› 9 times, electors voted for someone other than the

popular vote winner Elections may have to be determined by the House of

Representatives› 1800, 1824› House votes as by state, not individual member

Reforms

District Plan – Elector chosen from each district of a state and must vote based on the popular vote of that district – solves “winner take all” – doesn’t solve popular vote issue

Proportional Plan – candidate would receive the same share of a state’s electoral vote as in popular vote. Ex. – win 40% of popular vote of a state with 20 electors, get 8 electors –eliminates the “winner take all” and puts electors in line with popular vote, but does not solve the popular vote issue. Create more 3rd party interest.

Direct Popular Vote› each vote counts the same with the

winner having a majority or plurality.› Need an amendment – House passed it in

1970 &1979 but killed by the Senate.› Opposed by small states who are now

overrepresentedAs it stands, a candidate only needs to

win the 11 most populated states to get a majority of electoral votes

Growth of Presidential Powers

Set powers› Commander in chief› Makes treaties› Approves or vetoes laws› Sends and receives diplomats› Grants pardons

Reasons for Growth

Only one person in charge as opposed to the legislature

Demands caused by industrialization National emergencies Congress passed laws to delegate

authority to the executive branch to carry out laws.

Use of mass media

Executive Powers

Executing the law – all Federal law and day to day administration of the law is worked out by the executive branch› Ex. – immigration law requires those

seeking permanent admission must “read and understand some dialect or language” – What does this mean? answer is determined by the Immigration and naturalization service which is part of the Dept. of Justice

Ordinance Power – issue orders to implement laws due to slow legislative process› Executive order – directive, rule or

regulation that has the effect of law› Ex. – rationing during WWII

Appointment Power› Ambassadors and diplomats› Heads of independent agencies (EPA,

NASA)› Federal Judges, Marshalls, and Attorneys› Cabinet members and top aides› All officers in the armed forces

Removal Power› Can remove all appointees except Federal

Judges› 1867 – Tenure of Office Act

Diplomatic and Military Powers› Treaty – formal agreement between 2 states –

must be approved by 2/3’s of the Senate and can not conflict with the Constitution. Versailles Treaty failed by 49 to 35 vote

› Executive Agreement – a pact between the President and the head of a foreign state Lend-Lease

› Recognition – acknowledge the legal existence of a country and its government Panama - 1903 Israel -1948

Commander in Chief› 1907 Great White Fleet› 1794 Whiskey Rebellion› 1800 North Africa – Barbary Coast Pirates› 1950 – Korean Conflict› 1964 – Vietnam Conflict

War Powers Act – 1973 – limits the power of the President to send troops without the approval of Congress› 48 hrs. after committing troops, Congress

must be notified› Combat commitment – 60 days – extended

by Congress› Congress can end it by concurrent

resolution

Monroe Doctrine – 1823› Stated of US concerns in W. Hemisphere› Forbade recolonization by Europe› 1st statement of foreign policy concerning

the W. Hemisphere

Legislative and Judicial Powers

Recommends legislation – guides Congress

Messages to Congress› State of the Union› Budget› Economic Report

Veto› Can sign bill› Can veto bill› Can not act on a bill within 10 days

allowing the bill to become law› Pocket veto – doesn’t act on a bill within 10

days but the congressional session ends first

Line item veto› President may veto parts of a bill instead

of the whole bill› Passed in 1996 › 1998 – Supreme Court ruled 6-3 against –

must become an amendment

Judicial powers› Reprieve – postponement of execution of a

sentence› Pardon – legal forgiveness for a crime› Clemency – mercy or leniency› Amnesty – blanket pardon for a group› Commutation – reduce length of sentence

or fine

Federal Bureaucracy

Bureaucracy – large, complex administrative structure that handles the everyday business of an organization

Office of Homeland Security – coordinates national strategy to safeguard against terrorism

National Security Council – advises the President on domestic, foreign and military matters relating to national security› Pres., VP, Sec. of State, Sec. of Defense,

CIA Director, and head of Joint Chiefs of Staff

Executive Dept.› State*› Treasury*› Defense*› Justice› Interior› Agriculture› Commerce› Labor› Health and Human Services› Housing and Urban Development› Transportation› Energy› Education › Veterans Affairs

Independent Regulatory Agencies› Federal Reserve Board› Federal Trade Commission› Federal Communication Commission› National Labor Relations Board› Federal Maritime Commission› Consumer Product Safety Commission› Nuclear Regulatory Commission› Commodity Futures Trading Commission› Federal Energy Regulatory Commission

Civil Service› Replaced “Spoils System”› Created after

President Garfield’s Assassination› Pendleton Act – some Federal jobs would

be decided by a test rather than appointment

Federal Court System

Dual Court System Federal Courts

› Supreme Courts› Inferior Courts

Constitutional special

› Term Appointment made by the President usually

along party lines though they are able to act on their own once on the bench

› Federal District Courts 94 districts including territories Criminal cases – defendant has committed

an action declared by Federal law to be a crime

Civil cases – none criminal matter, dispute over contract or patent claims

Court of Appeals – 12 in the U.S. and its territories Docket – list of cases to be heard

Supreme Court› Marbury v. Madison – Adams filled posts

after his defeat in 1800. Jefferson told Madison not to deliver the commissions. Marbury wanted the Supreme Court to force the delivery. Marshall refused the request because the part of the Judiciary Act of 1789 used by Marbury was unconstiutional.

› 3 Propositions Constitution is Supreme Law Legislative Acts and other government actions are subordinate to the Constitution

Judges are sworn to uphold the Constitution and can refuse to enforce actions that conflict with it.

Supreme Court Opinions› Majority – the reasons for which the

decision is based Precedents – examples to follow in similar

cases as they arise in the lower courts › Concurring – one or more justices write to

add or emphasizes a point not made in the majority opinion

› Dissenting – written by a justice who did not agree with the decision and why