THE EXECUTIVE BRANCH

WHAT WERE THEY THINKING?

Founders wanted: a multi-executive branch where everybody checked

everybody or…. one executive doing multiple tasks with significant

power

Compromise: one executive, some power with checks

CONSTITUTIONAL AUTHORITY

Article II, Sections 1-4 1 Establishes Presidency and Vice Presidency elected by the

Electoral College for 4 year terms, qualifications, succession, salary and oath.

2 Commander and Chief, heads Cabinet, awards Reprieves and Pardons, negotiates treaties and confers federal appointments.

3 Presents the State of the Union, can convene congress in emergencies and is responsible for law implementation.

4 Impeachment-can be charged with treason, bribery or other high crimes and misdemeanors.

ESTABLISHING THE EXECUTIVE BRANCH

Inherent powers: presidential powers not explicitly noted in Constitution but implied as related to the office’s powers.

CONSTITUTIONAL AMENDMENTS

12th Separate ballots (1804)

20th Term commencement (1933)

22nd Term limits (1951)

25th Succession (1967) VP Inability to perform

OATH OF OFFICE

“I do solemnly swear 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.”

ROLES

Commander in Chief (leader of the armed services)

Chief Legislator (recommends and acts on legislation)

Chief Diplomat (treaties, executive agreements)

Chief Administrator (leader of the bureaucracy, implements policy, appointments, reprieves/pardons)

Head (Chief) of State (represents country)

Head of his/her political party

                                   

                                              

QUALIFICATIONS

35 years of age or older

14 years U..S. residency

Natural born citizen

THE BENEFITS A nice house A salary of $400,000 per year

(taxable) Expense account of $50,000 per

year (taxable) Travel expenses of $100,000 per

year (tax-free) Secret Service protection* Pension, on retirement, cabinet

member's salary (taxable) Staff support on leaving the

presidency A place in the country - Camp

David A personal airplane - Air Force One A fine chef (24/7)

*Lifetime up to Bill Clinton, President Bush will have ten years

FLAT BROKE AND BUSTED

Some presidents left office impoverished including James Monroe, Ulysses S. Grant and Harry Truman.

Herbert Hoover accepted funds to save Harry Truman from embarrassment.

TAKING CARE OF THE EX’es

1958 Former Presidents’ Act Salary: equal to Cabinet

Secretaries Health care Secret Service Protection (inc.

immediate family) Use of residence at 716

Jackson Pl. (D.C.) Operating budget: office,

equipment, supplies, postage, secretary etc.

Can address the Senate

2006 EXPENSES*

Pensions, staff salaries/benefits, travel, office rental, telephone, postage, printing, supplies, equipment etc. (per year)

Ford-$542,000 Carter-$504,000 Bush-$728,000 Clinton-$1,125,000

Total: $2,899,000

*plus Secret Service protection, medical care, presidential library and a State funeral

PENSION BENEFITS

Former presidents (regardless of terms) 180,100 (equal to cabinet secretaries)

Former vice-presidents $27,653 after eight years of service

Former chief justice $208,100 annually (full salary) after reaching 65 years of age and 15 years of service

Former associate justices $199,200

PRESIDENTS BY AGE (Years and Tenths of a Year)

YOUNGEST Teddy Roosevelt 42.9 John Kennedy 43.7 Bill Clinton 46.4 Ulysses Grant 46.9 Grover Cleveland 48.0

OLDEST

Zachary Taylor 64.3

George Bush 64.6

James Buchanan 65.9

William Harrison 68.1

Ronald Reagan 69.9*

*Oldest living-Reagan, 93 (died in 2004)

ROOSEVELT AND REAGAN

DOES IT MATTER?

Lincoln 6’4”

L. Johnson 6’3”

Clinton 6’2”½”

Jefferson 6’2 ½”

Arthur 6’2”

J.Q. Adams 5’7”

McKinley 5’7”

Harrison 5’6”

Van Buren 5’6”

Madison 5’4”

MADISON AND LINCOLN

CHOOSING THE PRESIDENTThe Electoral College

BY THE NUMBERSWinning in the Electoral College

Total electors voting: 538 House (435), Senate (100), Wash. DC (3)*

Needed to win: 270

Vote in December (following the popular vote in November), results announced in January

*awarded by the 23rd amendment in 1961

NO MAJORITY (270)?

Without a majority the House votes for President and the Senate selects the Vice President. Each state gets one vote.

1800 tie-Thomas Jefferson and Aaron Burr House chose Jefferson

1824 Quincy Adams and Andrew Jackson House chose Adams

THE ELECTORS

Electors chosen by each state’s political parties (Republican, Democrat, Green etc.)

Results are forwarded to Washington DC

Electors traditionally vote according to the majority vote in their respective states

Electors are not required to vote as their state votes (has occurred and has not been a factor in any election)

ELECTORAL COLLEGE REPRESENTATOIN

California leads the nation with the largest delegation in the Electoral College:

53 Representatives 2 Senators 55 Electoral voters

Note: 33 Democrats, 20 Republicans (House) 2 Democrats (Senate)

ELECTORAL COLLEGE

Article II, Section 1 People vote for electors Electors vote for Pres. & V.P. Each state (Reps. + Sens.) Needed 270 to win (538 total) Count by current Vice President Popular vote-1st Tuesday in November College vote-1st Monday after the 2nd Wednesday in

December House and Senate responsibilities if electoral majorities are

not attained

BUT I WON!

1876 Hayes won electoral vote, Tilden popular vote.

1888 Harrison won electoral vote, Cleveland won popular vote.

2000 Bush won electoral vote, Gore won popular vote.

2000 and 2004 elections

2000 Bush v Gore

2004 Bush v Kerry

MULTIPLE TERMS SINCE 1900

Wilson, FDR, Eisenhower, Nixon, Reagan, Clinton and George W.

Four failed-Taft, Hoover, Carter and George H.W. Bush

POWERS

Executive Privilege (1974, except in criminal proceedings)

Legislative

Executive Orders (given to the Bureaucracy clarifying treaties and laws)

Reprieves and Pardons (excepting impeachment convictions)

Executive Agreements (Case Act of 1972), 10 times # of treaties.

State of the Union

Treaties

Veto (pocket, line item)*

Impoundment (withholding or deferring funds) 1984 act

Appointments (recess)

*Pocket veto cannot be overridden (1996-1998) President Clinton was authorized by Congress to employ the power of the line veto

C’MON BACK……..

President can convene a special session of congress as related to national security

Last time 1933, FDR in the Great Depression

Can also adjourn Congress if it cannot agree to

State of the Union: president is required “from time to time” to address the congress

1790, Washington first address 1800 Jefferson broke tradition

sent written message (practice lasted about 100 years)

1912 Wilson reestablished the oral tradition

1993 (Clinton) and 2001 (Bush) did not give State of the Unions (starting out first terms)

From duty to power?

THIS IS WHERE WE’VE BEEN, THIS IS WHERE WE ARE AND THIS IS WHERE WE’RE GOING

WHEELIN’ AND DEALIN’

Executive Agreements

To date approximately 5,000

Do not require Senate approval

Not binding on future administrations

Note: In the Case Act of 1972 President must inform congress of all executive agreements within sixty days. (foreign affairs)

Treaties

To date approximately 900 2-3’s approval vote of the

Senate Binding on future

administrations

BY ORDER OF THE PRESIDENT

Executive orders must be based on laws passed by Congress or the constitutional powers of the President

50-100 per year

EXECUTIVE ORDERS

1863 President Lincoln’s Emancipation Proclamation

1948 President Truman, integration of the armed forces

1965 President Johnson on Affirmative Action on federal contracts

1976 President Ford, forbids assassination of foreign leaders

1980’s President Reagan banned abortion counseling in federally supported clinics

1993 President Clinton, troops in Kosovo and overturned Reagan’s on abortion counseling.

THE PARDON

The President has the authority to pardon anyone for a federal offense at any time during his/her presidency at any point in the criminal process (federal forgiveness)

Cannot pardon anyone convicted of impeachment

Cannot pardon him/herself

Commutation: cuts short an existing prison term

THE PARCDON PROCESS

End of year tradition

Review by the Office of the Pardon Attorney (Department of Justice)

Final decision-President

Factors: Seriousness of the crime How old is the crime Responsibility/remorse Rehabilitation Compelling need Official recommendations

THE PARDON

Article II, section 2

Virtually “Uncheckable”

Nixon pardon by Ford

Iran/Contra pardons by Bush

Rich pardon by Clinton

16-Washington 0-Harrison and Garfield 3,683-FDR 2,031-Truman 1187-Johnson 926-Nixon Ford 563-Carter 406-Reagan 77-H.W. Bush 457-Clinton 113 Bush (through 2006)

THE PARDON

July 27-30, 1974 House Committee approved three articles of impeachment

August 9, 1974 President Nixon resigned the presidency under the threat of impeachment

President Ford pardoned President Nixon on September 8, 1974

Pardon may be granted to anyone suspected, accused or convicted of any crime.

NOTABLE PARDONS

Civil War southerners

Vietnam deserters

Nixon

Iran Contra (Reagan’s agents)

A QUESTION OF LAW, THE VETO

A bill becomes law when:

the President signs it.

the President allows it to sit on his desk (unsigned) for 10 days while Congress is in session.

A bill does not become law when:

the President vetoes it.

the President allows it to sit on his desk (unsigned) for less than 10 days and Congress adjourns. This is called a “pocket veto”.

THE VETO-NOT!

President’s ability to negate legislation.

Requires a 2/3 vote override in both houses.

President Bush in 1+ terms has vetoed one piece of legislation (embryonic stem cell research).

Since 1789: 2,551 vetoes, 106 overridden

BY THE NUMBERSPRESIDENTIAL VETOES*

Franklin Roosevelt, 635, success rate 97.6% Harry Truman, 250, success rate 93.3% Dwight Eisenhower, 181, success rate 97.3% John Kennedy, 21, success rate 100% Lyndon Johnson, 30, success rate 100% Richard Nixon, 43, success rate 73.1% Gerald Ford, 66, success rate 75% Jimmy Carter, 31, success rate 84.6% Ronald Reagan, 78, success rate 76.9% George H.W. Bush, 46, success rate 96.6% Bill Clinton, 36, success rate 94.4% George W. Bush, 1, success rate 100%

*up to President Clinton most congresses were dominated by a majority of Democrats

OVER 200 MILITARY ACTIONS, 5 DECLARED WARS

War of 1812 (1812-1815) with Great Britain over territorial and sea rights. (Madison)

Mexican-American War (1846-1848) with Mexico over western and mid western territory (Polk)?

Spanish-American War (1898) with Spain over economic interests & terr. (McKinley)

WWI (1917-1918) with Germany over national interests (Taft)

WW II (1941-1945) with Germany, Japan & Italy in response to attack on Pearl Harbor

WAR POWER LAST

FIFTY YEARS 1950-53 Korea (N.Korea & China, Truman) 1956-75 Viet Nam (N.Viet Nam & Viet Cong, Eisenhower,

Kennedy, Johnson, Nixon) 1965 Dominican Republic (Dominican rebels, Johnson) 1982-84 Lebanon (Syria & various Muslim & leftist

Lebanese militias, Reagan) 1983 Grenada (Marxist Grenadian faction & Cuba, Reagan) 1989 Panama (Panama, Bush) 1991-present Iraq (Iraq, Bush, Clinton, Bush)

WAR POWERS ACT*, A CHECK?

1973 Presidents required to consult with Congress when sending troops abroad to defend country or assist allies (within 48 hours) and must withdraw troops in sixty days if Congress does not declare war.

*passed over Nixon’s veto

EXTRAORDINARY POWERS

John Adams and the Alien and Sedition Acts (punishment of anti-government speech)

Abraham Lincoln and the suspension of habeas corpus (the right to challenge one’s detention by the government)

Woodrow Wilson and his support of prosecution of those who criticized the war effort (WWI)

Franklin Roosevelt and his detention of Japanese-Americans Lyndon Johnson and his approval of domestic wiretapping on citizens

(and some congresspersons) Richard Nixon and his approval of domestic wiretapping of so called

“subversives” George W. Bush and his approval of domestic wiretapping of those

suspected of terrorist ties

CAMP DAVIDHome away from home….

EXECUTIVE OFFICE OF THE PRESIDENT (EOP)

Housed next to the White House (Eisenhower Building) Four major policy making bodies National Security Council (foreign and military policy) Council of Economic Advisors (Economic policy) Office of Management and Budget (oversees development and management of the budget) Office of Homeland Security (advises President on matters regarding domestic security)

EXECUTIVE OFFICE OF THE PRESIDENT (EOP)

Council of Economic Advisors

Council of Environmental Quality

National Critical Materials Council

National Security Council Office of Administration Office of Management and

Budget

Office of Policy Development

Office of the U.S. Trade Representative

Office of Science and Technology Policy

Office of the Vice President Office of National Drug

Control Policy White House Office

THE DYNAMIC DUO

Vice President is completely dependent upon the President for his work.

The President is not authorized to remove the Vice President.

Next in succession Heads the Senate, breaks

ties (Cheney-11 times) Earns $192,600 a year

VP, WHO WANTS IT?

“I do not propose to be buried until I am really dead.” Daniel Webster during down the VP in 1840

“Once there were two brothers. One ran away to sea the other was elected VP of the U.S. and nothing was heard of either of them again.” Thomas Marshall (Woodrow Wilson, 1913-21)

“….like a man in a cataleptic fit, he cannot speak, he cannot move, he suffers no pain. He is perfectly conscious of all that goes on, but has no part in it.”

“I believe I’m entitled to make a few remarks because I’m about to enter a 4 year period of silence.” Charles Dawes (Calvin Coolidge, 1925-29)

“The job….is not worth a pitcher of warm piss.” John Garner (Franklin Roosevelt, 1933-41)

“Standby equipment” Nelson Rockefeller (Gerald Ford, 1975)

THANKS, BUT NO THANKS(2004 CAMPAIGN)

“I spent several years in a North Viet Nam prison camp, in the dark, fed with scraps. Do you think I want to do that all over again as Vice President?” John McCain, Senator, Arizona

“I would not accept it at gunpoint.” Bill Richardson, Governor, New Mexico

THE VICE PRESIDENT

Constitutional provision

Evolution of the position

History’s notables

THE LAUNCHING PAD?

14 vice presidents have advanced from their positions to the presidency…….

John Adams, 1796

Thomas Jefferson, 1800

Teddy Roosevelt, 1904

Lyndon Johnson, 1963

Richard Nixon, 1968

Gerald Ford, 1974

George Bush, 1988

CABINET

Departments: State (1789), Treasury (1789), Defense (1947, War, 1789, Navy 1798), Justice (1789), Interior (1849), Agriculture (1889), Commerce (1889), Labor (1913), Health & Human Resources (1953), Housing & Urban Development (1965), Transportation (1966), Energy (1977), Education (1979), Veterans Affairs (1989) and

Homeland Security (2003)

NATIONAL SECURITY COUNCIL

Purpose: Advise and assist President on National and Foreign security matters

CHECKS AND BALANCES

CONGRESSIONAL CHECKS

War Powers Act (1974) President may send troops into hostile action for 60 days notifying Congress within 48 hours

Case Act (Executive Agreements) President must notify Congress within hours

The Budget and Impoundment Control Act (1974) President may delay spending unless forbidden by

Congress To terminate a program he must seek congressional

approval within 45 days

IMPEACHMENTS

IMPEACHMENT, THE PROCESS

House member/committee requests an impeachment inquiry Judicial Committee investigates to determine if evidence is sufficient Judicial Committee conducts investigation, develops and votes on

articles House of Representatives considers and votes on Articles of

Impeachment (majority vote) Senate tries the accused as a jury of 100 with a team of House members

prosecuting. President is represented by his/her own legal team Chief Justice presides 2/3 vote for conviction by the Senate and removal from office The president, members of congress and judges may be impeached

THE INFAMOUS 2.5

1868 Andrew Johnson 1975 Richard Nixon* 1998 Bill Clinton

*Impeached by the House and resigned.

                                          

RICHARD M. NIXON

Watergate scandal-the break-in and subsequent cover-up

Executive privilege-maintaining the tapes

House articles-three approved for impeachment (summer, 1974)

Obstruction of justice, abuse of power, contempt of congress

Within weeks Nixon’s resignation

ASSASSINATIONS & ATTEMPTS

                                                                   

ASSASSINATIONS

1865 Abraham Lincoln

1881 James Garfield

1901 William McKinley

1963 John Kennedy

ATTEMPTS+

1835 Andrew Jackson 1912 Teddy Roosevelt 1950 Harry Truman 1975 Gerald Ford (twice) 1981 Ronald Reagan*

+Teddy & Franklin Roosevelt

*The only President shot that survived.

RANKINGS

Ridings & McIver, Murray, CSPAN etal.

1. Lincoln: preservation of the Union 2. FDR: Great Depression and World War II 3. Washington: establishing a national gov.4. Jefferson: Declaration of Independence and

Louisiana Purchase 5. T. Roosevelt: environmental protections

FROM FIRST TO WORST

Warren Harding, 1920 Ulysses Grant, 1868 James Buchanan, 1856 Franklin Pierce, 1852 Andrew Johnson, 1865

NOBEL PEACE PRIZE

Theodore Roosevelt (1906) various peace treaties

Woodrow Wilson (1919) League of Nations

Jimmy Carter (2002) international peace work

                                                                                                                            

                                

THE LAST TEN (1953-present)

Dwight Eisenhower-retired general

John Kennedy-House/Senate Lyndon Johnson-House/Senate/VP Richard Nixon-House/VP Gerald Ford-House/VP Jimmy Carter-Governor Ronald Reagan-Governor George Bush-House/VP Bill Clinton-Governor George W. Bush-Governor