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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