The Executive Branch & US Presidency

Lesson 9: The Executive Branch

Requirements to Be President

• Article II, Section 1 of the US Constitution outlines presidential requirements.
• Must be a natural-born U.S. citizen, including those born in the U.S. or abroad to U.S. citizen parents under certain conditions
• Must be at least 35 years old on Inauguration Day
• Must have lived in the United States for at least 14 years (not necessarily consecutive).

Constitutional Amendments

• Several amendments address the office of the president.
• The 12th Amendment modified the Electoral College to prevent presidents and vice presidents from opposing parties by having them elected on separate ballots.
• The 20th Amendment set January 20 as the official day for terms of office and states that if the president dies before taking office, the VP shall take over
• The 22nd Amendment limits the president to two terms
• The 25th Amendment allows the VP and a majority of the cabinet or Congress to remove a president deemed unable to perform their job

Powers of The President

• The president has the following powers:
• Presidential Veto: Authority to reject a bill passed by Congress, which can be overridden by a 2/3 majority in each house
• Negotiate: enter into agreements with other countries, requiring 2/3 Senate approval
• Tariffs: Can impose tariffs, but is usually tied to national security or unfair trade practices through Congressional laws
• Appointment power: Appoints thousands of positions within the federal government, including the entire judiciary
• Pardoning: Releases or excuses a person from legal punishment, such as prison time or fines, and can be given before conviction.
• Executive Privilege: Ability to keep confidential certain elements concerning the executive branch or national security
• Executive order: Clarifications of congressional policy issued by the president, having the full force of law but can be challenged in court or undone by other factors

The Executive Office of the President

• The Executive Office of the President (EOP) supports the President.
• It was created in 1939 by Franklin D. Roosevelt
• It handles tasks from communicating messages to promoting trade interests.
• EOP members serve at the President's will and typically do not require Senate approval.
• The Chief of Staff heads the EOP, overseeing White House staff operations and controlling access to the President.

Executive Departments

• The President's Cabinet serves as a group of close advisors, consisting of the heads of the executive departments and other key appointed officials
• It advises the President and helps implement policies.
• Heads of executive departments (Secretaries) are nominated by the President and confirmed by the Senate.
• The Senate conducts hearings, evaluates qualifications, and votes on these nominees.

The Bureaucracy

• A bureaucracy is an administrative group of non-elected officials who carry out functions connected to a series of policies and programs.
• Independent Agencies: organizations within the executive branch that execute the law and that are separate from the departments with a presidential appointee at the top (e.g., FEC, SSA, NASA).
• Independent Regulatory Boards and Commissions: regulate various businesses, industries, or economic sectors with a presidential appointee at the top (e.g., FDA, NTSB, NLRB, SEC).
• Government Corporations: Fill some commercial function important but not profitable enough for private industry. (e.g., AMTRAK or USPS).

Power of the Bureaucracy

• Broad language in laws gives more power to bureaucratic agencies to carry out the law as they see fit.
• A common criticism of the bureaucracy is that unelected officials are tasked with creating rules that the public must abide by.
• In 1972, the Consumer Product Safety Act tasked the CPSC with reducing unreasonable risk of injury from household products but offered no guidance on what constitutes "reasonable" or "unreasonable" risks.

Problems With The Bureaucracy

• Inter-government clashes between agencies occur as they vie for budgetary funds, public support, and clientele groups.
• Bureaucratic red tape refers to the accepted values and procedures of an organization leading to a culture of conform and cover up.
• Inefficiency occurs because there is no incentive to be fiscally responsible or to turn a profit.
• Whistleblower protection exists for those exposing wrongdoings in the bureaucracy.
• Congress passed the Whistleblower Protection Act in 1989 to protect whistleblowers, but this is not guaranteed.

Explore the requirements to be President of the United States as outlined in Article II, Section 1 of the Constitution. Learn about the 12th, 20th, 22nd, and 25th Amendments, each addressing critical aspects of the presidential office, such as Electoral College modifications, term limits, and presidential disability.