Article 2 Executive Branch Duties & Powers. Article 2 Before he enter on the Execution of his...

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Article 2 Executive Branch Duties & Powers

Transcript of Article 2 Executive Branch Duties & Powers. Article 2 Before he enter on the Execution of his...

Article 2Executive Branch

Duties & Powers

Article 2

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:— “I do solemnly swear (or affirm) that I will faithfully execute the Office of the President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

Article 2Section 2: The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law; but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Article 2

Section 3: He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper, he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Presidential Inauguration"I do solemnly swear that I will faithfully execute the Office of President of the United States, and will try to the best of my ability, to preserve, protect and defend the Constitution of the United States."

Enforce Laws• Is the President of the

United States a king? No, the President carries out “the will of the people”

• he shall take Care that the Laws be faithfully executed – this refers to Federal Laws, state laws are up to the states

Federal “Police” ForcesThe Department of Justice was formerly the largest but remains the most prominent collection of law enforcement agencies, and handled most law enforcement duties at the federal level. It includes the: • United States Marshals Service (USMS), • Federal Bureau of Investigation (FBI), • Drug Enforcement Administration (DEA), • Bureau of Alcohol, Tobacco, Firearms and

Explosives (ATF), • Federal Bureau of Prisons (BOP)• Department of Homeland Security (DHS)

was created by an act of Congress.

Sign or Veto Bills

• The President has the power either to sign legislation into law or to veto bills enacted by Congress, although Congress may override a veto with a two-thirds vote of both houses.

Negotiate Treaties

The Executive Branch conducts diplomacy with other nations, and the President has the power to negotiate and sign treaties, which also must be ratified (approved) by two-thirds of the Senate.

Recent Treaties• 2000 – Patent Law Treaty (PLT) – (not ratified by U.S.)• 2001 – Convention on Cybercrime – a highly controversial proposal

(U.S. Senate ratified August 2006)• 2002 – SORT (Strategic Offensive Reductions Treaty) AKA Moscow

Treaty – limits the nuclear arsenals of Russia and the U.S.• 2004 – International Treaty on Plant Genetic Resources for Food and

Agriculture AKA "International Seed Treaty" – to assure farmers' access to seeds of the world's food security crops (not ratified by U.S.)

• 2005 – Dominican Republic-Central America Free Trade Agreement• 2010 – New START (The New Strategic Arms Reduction Treaty)

U.S./Russia Treaty – limits the nuclear arsenal capabilities of Russia and the U.S. while allowing for inspection.

• 2013 - UN Arms Treaty (U.S./U.N. Treaty) - regulates the international arms trade

Make Appointments• To nominate

someone for a position: – Supreme Court

Justices – Ambassadors – Cabinet

Secretaries • Often requires the

Senate’s approval Supreme Court Justices (Sonia Sotomayor and Chief Justice John Roberts)

Grant Pardons

• The presidential power to pardon is granted under Article II, Section 2 of the Constitution.

• "The President ... shall have power to grant reprieves and pardons for offenses against the United States."

Call Special Sessions of Congress• If an emergency occurs

when Congress is not in session, the Constitution empowers the President to call Congress back into special session.

• Prior to the passage of the 20th Amendment in 1933, Congress met for only a limited number of months each year.

Report the state of the Union"from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient." Although the President may fulfill this requirement in any way he or she chooses, Presidents have traditionally given a State of the Union address to a joint session of Congress each January.

Commander-In-Chief of the armed forces

Perhaps the most important of all presidential powers is command of the United States armed forces as commander-in-chief. While the power to declare war is constitutionally vested in Congress, the president commands and directs the military and is responsible for planning military strategy.