The Executive Branch Powers & Responsibilities PDF

The Executive Branch Powers and Responsibilities  Roles and Powers of the President The powers of the president include both formal and informal powers. i. Vetoes and pocket vetoes are formal powers that enable the president to check Congress, but vetoes can be overridden with a 2...

The Executive Branch Powers and Responsibilities  Roles and Powers of the President The powers of the president include both formal and informal powers. i. Vetoes and pocket vetoes are formal powers that enable the president to check Congress, but vetoes can be overridden with a 2/3 vote while pocket vetoes cannot be overridden with a 2/3 vote. ii. Foreign policy powers that influence relations with foreign nations are both formal (commander-in-chief and treaties/appoint ambassadors) and informal (executive agreements). iii. Bargaining and persuasion are informal powers that enable the president to secure or influence congressional action. State of the Union address is a formal communication from the President to Congress that reports on the current condition of the United States and provides policy proposals for the upcoming legislative year. iv. Executive orders allow the president to manage the federal government and bypass Congress. They are implied by the president’s vesting executive power or by power delegated by Congress. v. Signing statements are informal powers that inform Congress and the public of the president’s interpretation of laws passed by Congress and signed by the president. Bully Pulpit vi. Executive Privilege: authority of the President to withhold information from the legislative/judicial branch Causes of Presidential and Congressional Tension Divided government: A government in which one party controls the white house and another party controls one or both houses of congress Gridlock is the political stalemate that occurs when the government is unable to act or pass laws because rival parties control different parts of the executive branch and the legislature. Gridlock in government happens when control of both houses of Congress and the presidency is split between Republicans and Democrats. Gridlock also occurs during debt ceiling negotiations, in which the minority party seeks to delay government funding in order to extract concessions. The State of the Union address is a communication from the President to Congress in which the chief executive reports on the current condition of the United States and provides policy proposals for the upcoming legislative year. First 100 Days is the first few months of a presidential term aka a president’s "first 100 days". During this time period Congress displays more receptivity, and public and media show more cooperation. Ex: a president's ideas and policies are more likely to succeed during this time period  Congressional Responses to Presidential Bypassing Tools Veto: Override with 2/3 vote of Congress (2/3 vote yes in each chamber) Pocket Veto: Can’t be overwritten Executive order/agreements: pass legislation that invalidates it, refuse to provide funding to enforce, involve the Supreme Court to challenge the Constitutionality Signing Statements: Impeach the President for refusing to faithfully execute the law if his interpretation intentionally shows derelict Appointments/Treaties: refuse to confirm Executive Privilege: involve the Supreme Court to limit the use and application  Presidential Bypassing/Influence Tools A.) What tool could the President use to bypass Gridlock in government? B.) A law passes with sections inside the President does not agree with C.) President wants to kill a bill. He has 10 days to sign and legislative session ends in 8. D.) A Democratic President believes the Supreme court is too Narrow and a judge just announced retirement. E.) Discretionary funding is set to run out in 3 days but a Divided Congress has not passed a new budget bill. The opposing party keeps tanking the bill.  Amendments that define Presidential Power 12th Amendment - electors cast one vote for president and one vote for vice president separately 20th Amendment - President officially takes office on January 20th 22nd Amendment, established presidential 2 term limits, 8 years. (demonstrates concern about the expansion of presidential power) - If the Vice President finishes two years or less of a presidential term, he or she is still eligible to serve two terms of his or her own. If however, a Vice President serves out more than two years of a presidential term, he or she would only be eligible to serve one more term. Therefore a person could serve 10 years. 25th Amendment - deals with the order of presidential succession and what happens if or when a president is unable to fulfill the duties of the office.  Presidential Communication The impact of presidential communication has increased with advances in communication technology. i. Modern technology, such as social media, allows for rapid responses to political issues. ii. Nationally broadcast State of the Union messages and the president’s bully pulpit are tools for agenda setting that use the media to influence public views about which policies are the most important. Executive Influence over the Judicial Branch  Appointments, Nominations, and Confirmations “He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.” (Article II, Section II) Appointments: People the President, alone selects to fill a position. He does not need confirmation of the Senate. (Ex: Chief of staff, Press Secretary, National Advisor *White House Staff*) Nominations/Confirmations: People the President nominates to a position in power but must be confirmed by the Senate with 2/3 vote (Department Heads, Supreme Court Judges, Federal Judges, Cabinet members, Ambassadors, U.S Attorneys, U.S Marshals, ect..) Appointments, Nominations, and Confirmations Presidents appoint, liberal, moderate or conservative judges. Typically the President appoints judges who mirror his ideological perspective. (Ex: a Republican President would most likely nominate a conservative judge, or a Democratic President would most likely nominate a liberal judge). Once confirmed, Supreme Court Judges sit on the bench for a lifetime appointment. (Can be impeached for bad behavior or death) Since judges sit on the bench long after the President who appointed them has left office, these Judges have the ability to shape policy for generations. Meaning one of the best ways the President can ensure his legacy or impact as President continues  Checks on the Presidency Senate confirmation is an important check on appointment powers but there can be a potential for conflict based on who is chosen by the president for appointments, including: i. Cabinet members ii. Ambassadors iii. Some positions within the Executive Office of the President iv. Supreme Court Justices, Court of Appeals judges, and District Court judges (Senate confirmation is an important check on appointment powers, but the president’s longest lasting influence lies in life-tenured judicial appointments. Policy conflicts with the congressional agenda (the formal list of policies Congress is considering at any given time) can lead the president to use executive orders and directives to the bureaucracy to address the president’s own agenda items.)  Anti- Feds Views on the Executive (Brutus No.1) Brutus No.1: “In so extensive a republic, the great officers of government would soon become above the control of the people, and abuse their power…. They will use the power, when they have acquired it, to the purposes of gratifying their own interest and ambition, and it is scarcely possible, in a very large republic, to call them to account for their misconduct, or to prevent their abuse of power.” Summary: The office of the President as a Single Executive will attract self interested individuals who will us the powers of the office for personal gain.  Feds Views on the Executive (Fed. 70) Fed. 70: Federalist No. 70 offers justification for a single strong executive instead of a weak (articles of con.) executive council (Anti- Feds). A Unity Executive (one executive) is necessary for safety and energy. Energy is “essential to the protection of the country against foreign attacks (1 person making wartime decisions for the troops instead of 535), to the steady administration of the laws (need 1 person to enact laws, not 535), to the protection of property, and to the security of liberty.” But, a unitary executive has accountability for their actions allowing the people to always know who to hold accountable. Summary: A single unitary executive is necessary for the safety (hold them accountable/popular sovereignty) and effective execution (speed of which decisions can be made in times of war/crisis) of law.  Fill in the Blank! A.) The President makes ALL the appointments for Supreme court Judges BUT… B.) The Legislature appointing people to each position take too much time so…. C.) The Senate having the power to confirm or deny an appointment is called…. D.) Which Foundation document does the previous answer come from?