Executive Branch - POLITICAL PENGUINS



Executive Branch

I. Constitutional Provisions

A. Executive Power Invested in the President

B. What is the Role of the Vice President?

C. Powers of the President

1. Commander-in-Chief of the Army and Navy of the U.S.

2. Commander-in-Chief of State Militia when Called into Service of the United States (National Guard)

3. C.E.O. of the Executive Branch Departments

4. Grant Reprieves and Pardons

5. Makes Treaties (Ratified by Senate)

6. Nominates Executive and Judicial Offices (Senate Confirmation)

7. Call Special Sessions of Congress

8. Veto (Line-Item Veto Ruled Unconstitutional)

D. Responsibilities of the President

1. State-of-the-Union Address

2. Must Faithfully Execute the Law

E. Impeachment

F. Related Amendments

1. 2nd Amendment – “Well-Regulated Militia”?????

2. 20th Amendment (1933)

a. January 3rd – Congressional Terms Begin

b. January 20th – Presidential Terms Begin

c. Presidential Succession

i. VP Becomes President if President Dies

ii. What if President-Elect Dies?

3. 22nd Amendment (1951) – Two-Term Limit

4. 25th Amendment (1967)

a. What if VP Becomes Vacant?

b. Presidential Disability

II. Issue of Presidential Succession

A. 1792 Law

B. 1886 Law

C. 1947 Law

III. Framers’ Intent – Federalist #70

A. Feared a Too Powerful President

B. Recognized the Need for a Strong President

1. National Chief Executive

2. National Leader in Foreign Relations

C. Executive Branch Should be Small

1. Congress Creates Executive Departments

2. President Appoints/Senate Confirms

3. Original Executive Branch Departments

a. State

b. Treasury

c. War

d. Justice

e. Postmaster

4. States Have Power over Most Domestic Concerns

IV. Evolution of the Presidency

A. Precedents Set by George Washington

1. Two-Term Limit

2. Limited Use of Veto-Constitutionality of the Law

3. President Remains Physically Separated from Congress

4. Public Self-Restraint

5. Head of State / National Leader

6. Primacy in Foreign and Military Policy

B. Precedents set by Adams and Jefferson

1. Limited Undeclared Wars

2. Purchase of New Territory

3. Executive Privilege – Burr Trial

C. Precedents Set by Jackson

1. Removal of Native Americans

2. Executive Prerogative in Enforcement of Court Decisions

3. Executive Prerogative in Enforcement of Law

4. Political Use of the Veto

D. Precedents Set by Lincoln

1. Use of the Executive Order

2. Broad Interpretation of Police Power

E. Precedents Set by TR and Wilson

1. Use of Executive Agreement

2. President Sets Legislative Agenda – State-of-the-Union Speech at Joint Session of Congress

3. President as World Leader

F. Precedents Set by FDR

1. Civic Personality

2. Federal Government Provides for the People

G. Precedents Set by Truman

1. President in Charge of National Security

2. President in Charge of Military Response

H. Precedent Set by JFK – President as Celebrity

V. What are the Checks on Presidential Power Today?

A. Four-Year Term, Two-Term Limit

B. Impeachment

C. Media and Public Opinion

D. Congressional Override of Veto

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