User:Atcovi/AP Government/Executive Branch

Article II of the Constitution of the USA lays out the building blocks of the Executive Branch.

Section I lays out the duration of the presidency/vice presidency (4 years). The way the president is elected is through a group of electors, "equal to the whole Number of Senators and Representatives", appointed by each State (see USA Electoral College (WP)). See also the prohibition to becoming an elector: "but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.". What is then being described is the procedure for electing a president. Only born US citizens can become a candidate - see also: "Age of thirty five Years, and been fourteen Years a Resident within the United States.". The oath of presidency is also written out: "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.". The president is elected indirectly (not purely democratically).

Section II states that the president has military power: "The President shall be Commander in Chief of the Army and Navy of the United States". He also can make treaties with the Senate voting 2/3 in favor. He is able to promote ministers, supreme court judges, ambassadors and "...and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law" [with consent of the Senate].

Section III: State of the Union address.

Section IV: The president is NOT above the law, as stated in "The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.".

More roles

 * 1) National Diplomat for the US: receiving ambassadors = recognizing their country.
 * 2) Chief Execute: Must ensure all laws are carried out.
 * 3) President's powers are split into two: formal (expressed) and informal. Formal powers are powers in which you can directly find them in the Constitution (example, the president is the Commander in Chief of the Army) while informal powers are powers which aren't exactly stated in the Constitution (example, "Chief Executive").

Informal Powers
- Using troops without a declaration of war, needed when the Senate doesn't have time to deliberate the usage of troops. Examples are in Iraq, Vietnam and Afghanistan. After Vietnam, the Wars Powers Resolution was created.

- w:Legislative Initiative, example being Obamacare.

- w:Executive Orders, can be stopped by congressional law-making or supreme court decisions.

- Impound Funds

- Executive Privilege: can keep information secret: usually for reasons like national security. Can be overturned by court order: United States v. Nixon.

- President can have more power by creating more implied powers.

Basic Requirements

 * Natural born-citizen (born in the US or territory)
 * 35 years of age or older
 * Resident of the US for 14 years

Typical Road

 * Elections - 22nd Amendment (bans president from serving >2 terms) [1951]
 * Succession - 25th Amendment [1967]
 * Total amount of time that you can spend as VP is 1 day less than 10 years

If the president is unable to carry out their duties [due to disease], then "they [the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress] transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office". If the president disagrees with this, he must write a declaration that he's fine. "Thereupon Congress shall decide the issue, assembling within forty eight hours for that purpose if not in session. If the Congress, within twenty one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty one days after Congress is required to assemble, determines by two thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office."

Alone Powers

 * Alone - "The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several State", vague as we are not sure whether he's Commander in Chief during times of war or all the time. It's evolved in the latter. The last time Congress declared war was in 1942. In order to check president's and their war movements, the War Powers Act was initiated. Other powers include: make treaties with other nations (with 2/3 Senate vote), receive and appoint ambassadors.

Legislative/Advisory Powers

 * Veto legislation, can be overriden by both Houses with a 2/3 vote.
 * Convene both houses in extreme cases
 * Adjourn Congress if both houses cannot agree on an adjournment
 * Congress controls the President's budget

Administrative Powers

 * Carry out the laws
 * Nominate officials with majority approval of the Senate
 * Fill administrative vacancies during congressional recesses

Judicial Powers

 * Grant pardons for federal offensives, except in impeachment cases
 * Nominate federal judges with majority Senate approval.

Chief of State

 * Living symbol of the nation
 * Celebrations, national holidays and stands are of the highest value in the USA.
 * President represents the nation
 * May give out medals and awards
 * Will meet public figures

Chief Executive

 * Boss of all government workers in the Executive Branch
 * Decides how laws are implemented
 * Select officials and advisors for the Executive Branch
 * Appoints cabinet members and federal officials to help the government
 * Issue executive orders and executive agreements with foreign nations

Chief Diplomat

 * Most independent power
 * Decides what diplomats and ambassadors say to foreign governments
 * Sets US foreign policy
 * Receives foreign dignities
 * Represent the US overseas
 * May work with CIA and NSA to ensure national security
 * Makes executive agreements with other nations
 * United States v. Curtiss-Wright Export Co
 * Zivotofsky v. Kerry

Commander-in-Chief

 * President in charge of the 6 branches of the Military
 * Decides where troops are stationed at and ships sent.
 * All military generals and admirals are ordered from the President.
 * In charge of the military, authorize automatic weapons (two-man rule), use military in protecting the nation from uprisings
 * Posse Comitatus

Chief Legislation

 * Party Chief
 * Chief Guardian of the Economy
 * Constitution gives the president power to influence Congress in its lawmaking
 * Presidents may urge Congress to pass new laws or veto bills that they do not favor.

Party Chief

 * Helps members of his political party get elected or appointed to office.
 * Campaigns for those who support his policies.
 * Reelection campaigns for 2nd term
 * Additional Info
 * 1) May attend party's fundraising events
 * 2) Helps select party chairperson
 * 3) Helps plan election strategy
 * 4) Appoints loyal party members to federal positions.

Chief Guardian of the Economy

 * Concerned with unemployment, high prices, taxes, business profits, and the general prospitery of the country.
 * Not in charge of the economy, but helps run it smoothly.
 * Prepares federal budget
 * Has economic advisors
 * Nominates the Chairperson of the Federal Reserves and all of the board members.

Sources/Other Links

 * Article II of the Constitution of the USA - Executive Branch