Second Branch the Executive
Overview of the U.S. executive branch from its origins to the constitutional role of the president. Covers Article II, presidential qualifications, term limits, the balance of power to prevent corruption or tyranny.
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Second Branch: The Executive
What happens when you have a group project and no one takes the lead? Not much, right? Its the same
with a government. If no one makes decisions, takes action, or enforces the laws, nothing gets done. The
United States found this out the hard way. Under its first government, the Articles of Confederation, the
country tried to exist without an executive branch, or the part of government that carries out the laws. It
was a mess. States argued with each other, treaties went unsigned, and laws were ignored. Then an armed
rebellion broke out in Massachusetts. That convinced the
country's leaders that having a new government with an
executive branch wasn't a bad idea after all.
But what would the executive branch look like? The
Framers of the Constitution agreed that the branch
needed a chief executive, or leader, of the government,
but they couldn't agree on how much power the role
should have1
. Many feared that a powerful leader would
The executive Power shall be vested in a
President of the United States...
— Article II. Section 1
turn into a king. Others insisted that having a powerful chief executive was the only way a leader could get
things done. The Framers compromised. They created an executive branch in Article II of the Constitution,
but they made the legislature the first and most powerful branch. I n Article II, the Framers established
that the executive branch would be led by a chief executive called a president. Then they outlined the
president's job description, which included a careful balance of great powers with strict limitations.
Nice Job, If You Can Get It
What's the easiest way to have limits on the president? Make strict
rules about who can have the job. The first section of Article II lists
three qualifications to be president: a person must be at least 35
A person's religion can
never disqualify them from
being president according
to Article VI, Section 3.
years old. they must be born a U.S. citizen, and they must have
lived in the country for 14 years. Why? Because loyalty matters. The
Framers worried that foreign countries would influence the president. Birth and residency
requirements helped ensure that the president's allegiance would be to the U.S. The age
limit promised a person with fully developed political views and some life experience. It
was another way of saying: only loyal, mature candidates need apply.
To ensure that a new king didn't emerge, the Framers
limited the president's (and the vice president's) term
in office to four years. They never mentioned if the
president could run for re-election or how many terms
they could have, but they didn't need to. The voters
would decide t h a t And the Framers outlined a detailed process for how
a presidential election would take place. But what if the president died
in office? To avoid people trying to grab power, the Framers decided
that the vice president (who was also elected) would take over the job.
Death wasn't the only threat to the presidency. Corruption—a common
factor among powerful rulers— was also a concern. The Framers didn't
want America's president bribed by money. They recognized that being
president was a job. so they decided the work should come with a
yearly salary, or income—no need to accept anyone's dishonest bribe.
Congress had the power to decide how much money the president
received. Article II also made it clear that the president couldn't take
money from other sources. They can't receive a raise while in office
either. The restrictions may sound harsh, but the guidelines
protect the president. They ensure that Congress won't
punish (or reward) the president for actions they may take.
Did y o u know that
the president is elected by a
college? No, it's not a school.
The Electoral College is a
group of electors (people
chosen by each state) who
cast their state's official vote
for a presidential candidate.
The electors' votes reflect
who w o n the most votes in
their state. Originally, the
candidate with the most
electoral votes became
president, and the runner up
became vice president.
Electing
Executives
I ivies C- 2023 ICMcs, Inc.
What happens when you have a group project and no one takes the lead? Not much, right? Its the same
with a government. If no one makes decisions, takes action, or enforces the laws, nothing gets done. The
United States found this out the hard way. Under its first government, the Articles of Confederation, the
country tried to exist without an executive branch, or the part of government that carries out the laws. It
was a mess. States argued with each other, treaties went unsigned, and laws were ignored. Then an armed
rebellion broke out in Massachusetts. That convinced the
country's leaders that having a new government with an
executive branch wasn't a bad idea after all.
But what would the executive branch look like? The
Framers of the Constitution agreed that the branch
needed a chief executive, or leader, of the government,
but they couldn't agree on how much power the role
should have1
. Many feared that a powerful leader would
The executive Power shall be vested in a
President of the United States...
— Article II. Section 1
turn into a king. Others insisted that having a powerful chief executive was the only way a leader could get
things done. The Framers compromised. They created an executive branch in Article II of the Constitution,
but they made the legislature the first and most powerful branch. I n Article II, the Framers established
that the executive branch would be led by a chief executive called a president. Then they outlined the
president's job description, which included a careful balance of great powers with strict limitations.
Nice Job, If You Can Get It
What's the easiest way to have limits on the president? Make strict
rules about who can have the job. The first section of Article II lists
three qualifications to be president: a person must be at least 35
A person's religion can
never disqualify them from
being president according
to Article VI, Section 3.
years old. they must be born a U.S. citizen, and they must have
lived in the country for 14 years. Why? Because loyalty matters. The
Framers worried that foreign countries would influence the president. Birth and residency
requirements helped ensure that the president's allegiance would be to the U.S. The age
limit promised a person with fully developed political views and some life experience. It
was another way of saying: only loyal, mature candidates need apply.
To ensure that a new king didn't emerge, the Framers
limited the president's (and the vice president's) term
in office to four years. They never mentioned if the
president could run for re-election or how many terms
they could have, but they didn't need to. The voters
would decide t h a t And the Framers outlined a detailed process for how
a presidential election would take place. But what if the president died
in office? To avoid people trying to grab power, the Framers decided
that the vice president (who was also elected) would take over the job.
Death wasn't the only threat to the presidency. Corruption—a common
factor among powerful rulers— was also a concern. The Framers didn't
want America's president bribed by money. They recognized that being
president was a job. so they decided the work should come with a
yearly salary, or income—no need to accept anyone's dishonest bribe.
Congress had the power to decide how much money the president
received. Article II also made it clear that the president couldn't take
money from other sources. They can't receive a raise while in office
either. The restrictions may sound harsh, but the guidelines
protect the president. They ensure that Congress won't
punish (or reward) the president for actions they may take.
Did y o u know that
the president is elected by a
college? No, it's not a school.
The Electoral College is a
group of electors (people
chosen by each state) who
cast their state's official vote
for a presidential candidate.
The electors' votes reflect
who w o n the most votes in
their state. Originally, the
candidate with the most
electoral votes became
president, and the runner up
became vice president.
Electing
Executives
I ivies C- 2023 ICMcs, Inc.
Second Branch: The Executive
Executive Equilibrium
The tricky part in designing the presidency was finding a
way to give the president enough power to be an effective
leader with enough limits to keep them from becoming a
king. To ensure this balance, the Framers incorporated a
system of checks and balances This system gives each
branch the ability to check, or stop, the other branches
from abusing their powers.
The Constitution establishes that the president is the
commander in chief, or in charge of the military. This
allows the president to decide when troops are activated,
where they go, and how many are needed. But the president
can't declare war—only Congress can do that. That is one
check on the president's power. The president welcomes
foreign ambassadors (a nation's representatives), cr eates relationships with other nations, and makes
treaties, or agreements, with them. But all treaties must be approved by two-thirds of the Senate. This is
another check. The president appoints U.S. ambassadors, federal judges, and other federal officials, but
a majority of the Senate must approve them all. Are you
starting co get the picture? Even the president's greatest
power— the ability co veto, or reject, the laws passed
by Congress—has limits co ic. Congress can override a
presidential veto when two-thirds of both Houses agree.
(It's super hard to achieve, but not impossible!)
President Obamo greets members 0/ the military. As
Commander in Chief the president is responsiblefor the
safety and security of the United States.
He shall nominate and... appoint
Ambassadors,... Judges of the supreme
Court and all other officers of the
United States... _ Artek H, Section 2
Power Unlimited?
Not every presidential power is limited by Congress. The
president can fill staff vacancies, recommend laws for
Congress to pass, and can convene (gather) or adjourn
(dismiss) both Houses of Congress in an emergency.
They can even forgive people's crimes. You read tiiac
right: forgive crimes! The president can pardon or grant
reprieves to those
convicted of federal
offenses. A pardon
forgives a crime
entirely. A reprieve
only cancels the
punishment. And
there are no limits co how many pardons or reprieves a president can
grant. That's a big chunk of unlimited power!
But even with a few unchecked powers, the Framers had an ultimate
plan. They added the impeachment process, which allows Congress
to remove a president If a president commits treason, takes bribes,
or abuses their power, they can be impeached, or charged with a
high crime by the House of Representatives. They then go to trial
in the Senate, and if they're found guilty, they can be removed from
office. Three presidents have been impeached. None have been
convicted and removed, but the Framers made sure there was an
option i n the Constitution... just i n case.
■ ivies C M 2 3 ICMcs, Inc.
ufiuv i w x cin.M
I Swear!
president Trump delivers his 2020 State of the union speech.
Article K requires the president give a speech that updates
Congress and the public o n the countrys progress.
Have you ever seen a
president get ’’sworn in’1 to
office? They raise their hand
and take an oath to uphold and
defend the Constitution. It’s not
just a tradition. It's a serious
ritual that the Constitution
requires. The Framers wanted
the president to take a public
oath to make them accountable
to the people, show their
commitment to the job, and
promise to put the country first.
Executive Equilibrium
The tricky part in designing the presidency was finding a
way to give the president enough power to be an effective
leader with enough limits to keep them from becoming a
king. To ensure this balance, the Framers incorporated a
system of checks and balances This system gives each
branch the ability to check, or stop, the other branches
from abusing their powers.
The Constitution establishes that the president is the
commander in chief, or in charge of the military. This
allows the president to decide when troops are activated,
where they go, and how many are needed. But the president
can't declare war—only Congress can do that. That is one
check on the president's power. The president welcomes
foreign ambassadors (a nation's representatives), cr eates relationships with other nations, and makes
treaties, or agreements, with them. But all treaties must be approved by two-thirds of the Senate. This is
another check. The president appoints U.S. ambassadors, federal judges, and other federal officials, but
a majority of the Senate must approve them all. Are you
starting co get the picture? Even the president's greatest
power— the ability co veto, or reject, the laws passed
by Congress—has limits co ic. Congress can override a
presidential veto when two-thirds of both Houses agree.
(It's super hard to achieve, but not impossible!)
President Obamo greets members 0/ the military. As
Commander in Chief the president is responsiblefor the
safety and security of the United States.
He shall nominate and... appoint
Ambassadors,... Judges of the supreme
Court and all other officers of the
United States... _ Artek H, Section 2
Power Unlimited?
Not every presidential power is limited by Congress. The
president can fill staff vacancies, recommend laws for
Congress to pass, and can convene (gather) or adjourn
(dismiss) both Houses of Congress in an emergency.
They can even forgive people's crimes. You read tiiac
right: forgive crimes! The president can pardon or grant
reprieves to those
convicted of federal
offenses. A pardon
forgives a crime
entirely. A reprieve
only cancels the
punishment. And
there are no limits co how many pardons or reprieves a president can
grant. That's a big chunk of unlimited power!
But even with a few unchecked powers, the Framers had an ultimate
plan. They added the impeachment process, which allows Congress
to remove a president If a president commits treason, takes bribes,
or abuses their power, they can be impeached, or charged with a
high crime by the House of Representatives. They then go to trial
in the Senate, and if they're found guilty, they can be removed from
office. Three presidents have been impeached. None have been
convicted and removed, but the Framers made sure there was an
option i n the Constitution... just i n case.
■ ivies C M 2 3 ICMcs, Inc.
ufiuv i w x cin.M
I Swear!
president Trump delivers his 2020 State of the union speech.
Article K requires the president give a speech that updates
Congress and the public o n the countrys progress.
Have you ever seen a
president get ’’sworn in’1 to
office? They raise their hand
and take an oath to uphold and
defend the Constitution. It’s not
just a tradition. It's a serious
ritual that the Constitution
requires. The Framers wanted
the president to take a public
oath to make them accountable
to the people, show their
commitment to the job, and
promise to put the country first.
Second Branch: The Executive
N a t i o n a l C a r e t a k i n g
The m o s t i m p o r t a n t j o b o f t h e president a n d t h e executive branch i s t o
execute, or enforce, t h e laws. It's the w h o l e reason w h y the executive
b r a n c h w a s created. Since there a r e so m a n y federal laws, i t m a y s o u n d
like this r o l e gives t h e president a t r e m e n d o u s a m o u n t o f power, b u t
i t s l i m i t e d as well. The president enforces t h e laws, b u t they a r e laws
passed by Congress. The president has t o enforce t h e m w h e t h e r they
agree w i t h those laws o r n o t .
He shall take care that the
laws be JaithjiiLly executed...
— Article II, Section 3
H o w d o e s o n e p e r s o n enforce all t h e laws o f t h e e n t i r e nation? Well,... they don't. The president has a
t e a m —a h u g e t e a m — t h a t h e l p s t h e m g e t t h e w o r k done. It consists o f several executive d e p a r t m e n t s
w h o m a k e u p t h e rest o f t h e executive branch. But d o n ' t g o l o o k i n g for the executive d e p a r t m e n t s i n
Article 11. They aren't there. The Framers never laid o u t specifics. They o n l y said the p r e s i d e n t m a y " r e q u i r e
t h e Opinion, i n writing, o f the principal Officer i n each o f t h e executive Departments, u p o n a n y Subject
r e l a t i n g t o t h e Duties o f their respective Offices." Pretty vague, h u h ?
The Framers assumed t h e r e w o u l d b e several d e p a r t m e n t s , each
focusing o n a specific a r e a o f expertise, like a Treasury D e p a r t m e n t to
oversee the nation's finances. A n d they left i t u p to Congress t o decide
w h a t d e p a r t m e n t s to create. Today, the president'sca b i n e t , o r closest
advisors, includes all the d e p a r t m e n t leaders (called "secretaries") a n d
t h e vice president. T h e y meet regularly t o advise t h e p r e s i d e n t o n w h a t
actions to take. Because t h e t e a m needs to work w e l l together, the
p r e s i d e n t appoints all o f their cabinet { i f t h e Senate approves, o f course). Preitdentjoe Bitten meets with arlwe/.
D e p a r t m e n t s o f D o e r s
The Framers' vagueness a b o u t executive d e p a r t m e n t s t u r n e d o u t to b e a g o o d t h i n g . W h e n George
Washington became t h e first president, there were only three executive d e p a r t m e n t s : the State (foreign
affairs). War, a n d Treasury Departments. Today t h e r e are 1 5. Because there w e r e n o limits o n the n u m b e r
o r responsibilities o f t h e departments, i t allowed t h e executive b r a n c h to e x p a n d to m e e t t h e c h a n g i n g
needs o f a g r o w i n g and c o m p l e x nation."
So w h a t d o executive d e p a r t m e n t s actually
d o ? W h e n t h e president signs a bill i n t o law,
t h a t law is given t o the p r o p e r d e p a r t m e n t to
enforce it. Let's say a federal law requires n e w
bridges to b e b u i l t o n interstate highways.
The D e p a r t m e n t o f Transportation i s p u t i n
charge o f m a k i n g t h a t h a p p e n . They create
a plan, h i r e laborers o r contractors to d o t h e
Executive Action
These executive departments help the president enforce the laws.
Agriculture: farming, ranching,
and sate food production
Commerce: growth at business
and industry
Defense: military operations
Education: funding and oversight
of education programs
Energy: resources such as
electricity, gas, coal, and alternative
resources
Health a n d Human Services:
food and drug regulation, medical
research, and disease prevention
Homeland Security: terrorism
threats and natural disasters
Housing and Urban
D evelop ment:fair housing and
home ownership
Interior: conservation of natural
and historic resources
justice: enforces criminal laws
L a b o r job training, work laws, sate
working conditions
State: foreign affairs
Transportation: land, sea, and air
transportation
Treasury:tinances, hanking
Veteran's Affairs: medical care
and programs for military members
work, a n d coordinate w i t h t h e states t o g e t
t h e project d o n e . If Congress passed a law
t h a t provides n e w loans t o farmers, i t w o u l d
g o t o t h e D e p a r t m e n t o f Agriculture t o carry
i t o u t . A n d i f a n e w law called for a n increase
i n j o b t r a i n i n g p r o g r a m s , the Department
o f Labor w o u l d j u m p i n t o action. Executive
d e p a r t m e n t s a r e t h e worker bees o f t h e
executive branch. They b r i n g laws t o life, a n d
all o f the d e p a r t m e n t leaders work to m a k e
sure t h e president is u p t o date a b o u t w h a t is
g o i n g o n i n each d e p a r t m e n t .
i ivies £ 2023 ICMc, UK.
N a t i o n a l C a r e t a k i n g
The m o s t i m p o r t a n t j o b o f t h e president a n d t h e executive branch i s t o
execute, or enforce, t h e laws. It's the w h o l e reason w h y the executive
b r a n c h w a s created. Since there a r e so m a n y federal laws, i t m a y s o u n d
like this r o l e gives t h e president a t r e m e n d o u s a m o u n t o f power, b u t
i t s l i m i t e d as well. The president enforces t h e laws, b u t they a r e laws
passed by Congress. The president has t o enforce t h e m w h e t h e r they
agree w i t h those laws o r n o t .
He shall take care that the
laws be JaithjiiLly executed...
— Article II, Section 3
H o w d o e s o n e p e r s o n enforce all t h e laws o f t h e e n t i r e nation? Well,... they don't. The president has a
t e a m —a h u g e t e a m — t h a t h e l p s t h e m g e t t h e w o r k done. It consists o f several executive d e p a r t m e n t s
w h o m a k e u p t h e rest o f t h e executive branch. But d o n ' t g o l o o k i n g for the executive d e p a r t m e n t s i n
Article 11. They aren't there. The Framers never laid o u t specifics. They o n l y said the p r e s i d e n t m a y " r e q u i r e
t h e Opinion, i n writing, o f the principal Officer i n each o f t h e executive Departments, u p o n a n y Subject
r e l a t i n g t o t h e Duties o f their respective Offices." Pretty vague, h u h ?
The Framers assumed t h e r e w o u l d b e several d e p a r t m e n t s , each
focusing o n a specific a r e a o f expertise, like a Treasury D e p a r t m e n t to
oversee the nation's finances. A n d they left i t u p to Congress t o decide
w h a t d e p a r t m e n t s to create. Today, the president'sca b i n e t , o r closest
advisors, includes all the d e p a r t m e n t leaders (called "secretaries") a n d
t h e vice president. T h e y meet regularly t o advise t h e p r e s i d e n t o n w h a t
actions to take. Because t h e t e a m needs to work w e l l together, the
p r e s i d e n t appoints all o f their cabinet { i f t h e Senate approves, o f course). Preitdentjoe Bitten meets with arlwe/.
D e p a r t m e n t s o f D o e r s
The Framers' vagueness a b o u t executive d e p a r t m e n t s t u r n e d o u t to b e a g o o d t h i n g . W h e n George
Washington became t h e first president, there were only three executive d e p a r t m e n t s : the State (foreign
affairs). War, a n d Treasury Departments. Today t h e r e are 1 5. Because there w e r e n o limits o n the n u m b e r
o r responsibilities o f t h e departments, i t allowed t h e executive b r a n c h to e x p a n d to m e e t t h e c h a n g i n g
needs o f a g r o w i n g and c o m p l e x nation."
So w h a t d o executive d e p a r t m e n t s actually
d o ? W h e n t h e president signs a bill i n t o law,
t h a t law is given t o the p r o p e r d e p a r t m e n t to
enforce it. Let's say a federal law requires n e w
bridges to b e b u i l t o n interstate highways.
The D e p a r t m e n t o f Transportation i s p u t i n
charge o f m a k i n g t h a t h a p p e n . They create
a plan, h i r e laborers o r contractors to d o t h e
Executive Action
These executive departments help the president enforce the laws.
Agriculture: farming, ranching,
and sate food production
Commerce: growth at business
and industry
Defense: military operations
Education: funding and oversight
of education programs
Energy: resources such as
electricity, gas, coal, and alternative
resources
Health a n d Human Services:
food and drug regulation, medical
research, and disease prevention
Homeland Security: terrorism
threats and natural disasters
Housing and Urban
D evelop ment:fair housing and
home ownership
Interior: conservation of natural
and historic resources
justice: enforces criminal laws
L a b o r job training, work laws, sate
working conditions
State: foreign affairs
Transportation: land, sea, and air
transportation
Treasury:tinances, hanking
Veteran's Affairs: medical care
and programs for military members
work, a n d coordinate w i t h t h e states t o g e t
t h e project d o n e . If Congress passed a law
t h a t provides n e w loans t o farmers, i t w o u l d
g o t o t h e D e p a r t m e n t o f Agriculture t o carry
i t o u t . A n d i f a n e w law called for a n increase
i n j o b t r a i n i n g p r o g r a m s , the Department
o f Labor w o u l d j u m p i n t o action. Executive
d e p a r t m e n t s a r e t h e worker bees o f t h e
executive branch. They b r i n g laws t o life, a n d
all o f the d e p a r t m e n t leaders work to m a k e
sure t h e president is u p t o date a b o u t w h a t is
g o i n g o n i n each d e p a r t m e n t .
i ivies £ 2023 ICMc, UK.
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Subject
Political Science