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.

Daniel Miller
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Second Branch: The ExecutiveWhat happens when you have a group project and no one takes the lead? Not much, right? Its the samewith a government. If no one makes decisions, takes action, or enforces the laws, nothing gets done. TheUnited States found this out the hard way. Under its first government, theArticles of Confederation,thecountry tried to exist without anexecutive branch,or the part of government that carries out the laws. Itwas a mess. States argued with each other, treaties went unsigned, and laws were ignored. Then an armedrebellion broke out in Massachusetts. That convinced thecountry's leaders that having a new government with anexecutive branch wasn't a bad idea after all.But what would the executive branch look like? TheFramers of the Constitution agreed that the branchneeded achief executive, orleader, of the government,but they couldn't agree on how much power the roleshould have1. Many feared that a powerful leader wouldThe executive Power shall be vested in aPresident of the United States...— Article II. Section1turn into a king. Others insisted that having a powerful chief executive was the only way a leader could getthings done. The Framers compromised. They created an executive branchinArticle II of the Constitution,but they made the legislature the first and most powerful branch. I n Article II, the Framers establishedthat the executive branch would be led by a chief executive called apresident.Then they outlined thepresident's job description, which included a careful balance of great powers with strict limitations.Nice Job, If You Can Get ItWhat's the easiest way to have limits on the president? Make strictrules about who can have the job. The first section of Article II liststhree qualifications to be president: a person must be at least 35A person's religion cannever disqualify them frombeing president accordingto Article VI, Section 3.years old. they must be born a U.S. citizen, and they must havelived in the country for 14 years. Why? Because loyalty matters. TheFramers worried that foreign countries would influence the president. Birth and residencyrequirements helped ensure that the president's allegiance would be to the U.S. The agelimit promised a person with fully developed political views and some life experience. Itwas another way of saying: only loyal, mature candidates need apply.To ensure that a new king didn't emerge, the Framerslimited the president's (and the vice president's) termin office to four years. They never mentioned if thepresident could run for re-election or how many termsthey could have, but they didn't need to. The voterswould decide t h a t And the Framers outlined a detailed process for howa presidential election would take place. But what if the president diedin office? To avoid people trying to grab power, the Framers decidedthat the vice president (who was also elected) would take over the job.Death wasn't the only threat to the presidency. Corruption—a commonfactor among powerful rulers—was also a concern. The Framers didn'twant America's president bribed by money. They recognized that beingpresident was a job. so they decided the work should come with ayearlysalary,or income—no need to accept anyone's dishonest bribe.Congress had the power to decide how much money the presidentreceived. Article II also made it clear that the president couldn't takemoney from other sources. They can't receive a raise while in officeeither. The restrictions may sound harsh, but the guidelinesprotect the president. They ensure that Congress won'tpunish (or reward) the president for actions they may take.Did y o u know thatthe president is elected by acollege? No, it's not a school.TheElectoral Collegeis agroup ofelectors(peoplechosen by each state) whocast their state's official votefor a presidential candidate.The electors' votes reflectwho w o n the most votes intheir state. Originally, thecandidate with the mostelectoral votes becamepresident, and the runner upbecame vice president.ElectingExecutivesIiviesC- 2023 ICMcs, Inc.

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Second Branch: The ExecutiveExecutive EquilibriumThe tricky part in designing the presidency was finding away to give the president enough power to be an effectiveleader with enough limits to keep them from becoming aking.To ensure this balance, the Framers incorporated asystem ofchecks and balancesThis system gives eachbranch the ability to check, or stop, the other branchesfrom abusing their powers.The Constitution establishes that the president is thecommander in chief,or in charge of the military. Thisallows the president to decide when troops are activated,where they go, and how many are needed. But the presidentcan't declare war—only Congress can do that. That is onecheck on the president's power. The president welcomesforeignambassadors(a nation's representatives), cr eates relationships with other nations, and makestreaties,or agreements, with them. But all treaties must be approved by two-thirds of the Senate. This isanother check. The president appoints U.S. ambassadors, federal judges, and other federal officials, buta majority of the Senate must approve them all. Are youstarting co get the picture? Even the president's greatestpower—the ability coveto,or reject, the laws passedby Congress—has limits co ic. Congress can override apresidential veto when two-thirds of both Houses agree.(It's super hard to achieve, but not impossible!)President Obamo greets members0/the military. AsCommander in Chief the president is responsiblefor thesafety and security of the United States.He shall nominate and... appointAmbassadors,... Judges of the supremeCourt and all other officers of theUnited States..._ Artek H,Section 2Power Unlimited?Not every presidential power is limited by Congress. Thepresident can fill staff vacancies, recommend laws forCongress to pass, and canconvene(gather) oradjourn(dismiss) both Houses of Congress in an emergency.They can even forgive people's crimes. You read tiiacright: forgive crimes! The president canpardonor grantreprievesto thoseconvicted of federaloffenses. A pardonforgives a crimeentirely. A reprieveonly cancels thepunishment. Andthere are no limits co how many pardons or reprieves a president cangrant. That's a big chunk of unlimited power!But even with a few unchecked powers, the Framers had an ultimateplan. They added the impeachment process, which allows Congressto remove a president If a president commits treason, takes bribes,or abuses their power, they can beimpeached,or charged with ahigh crime by the House of Representatives. They then go to trialin the Senate, and if they're found guilty, they can be removed fromoffice. Three presidents have been impeached. None have beenconvicted and removed, but the Framers made sure there was anoption i n the Constitution... just i n case.iviesC M 2 3 ICMcs, Inc.ufiuvi w x cin.MI Swear!president Trump delivers his 2020 State of the union speech.Article K requires the president give a speech that updatesCongress and the public o n the countrys progress.Have you ever seen apresident get ’’sworn in’1tooffice? They raise their handand take an oath to uphold anddefend the Constitution. It’s notjust a tradition. It's a seriousritual that the Constitutionrequires. The Framers wantedthe president to take a publicoath to make them accountableto the people, show theircommitment to the job, andpromise to put the country first.

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Second Branch: The ExecutiveN a t i o n a l C a r e t a k i n gThe 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 oexecute,or enforce, t h e laws. It's the w h o l e reason w h y the executiveb 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 dlikethis 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 ti 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 lawspassed byCongress.The president has t o enforce t h e m w h e t h e r theyagree w i t h those laws o r n o t .He shall take care that thelaws be JaithjiiLly executed...— Article II, Section 3H 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 at 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 sw 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 nArticle 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 et 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 Subjectr 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 , eachfocusing o n a specific a r e a o f expertise, like a Treasury D e p a r t m e n t tooversee the nation's finances. A n d they left i t u p to Congress t o decidew h a t d e p a r t m e n t stocreate. Today, the president'scab i n e t ,o r closestadvisors, includes all the d e p a r t m e n t leaders (called "secretaries") a n dt 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 tactions to take. Because t h e t e a m needs to work w e l l together, thep r e s i d e n t appoints all o ftheircabinet { i f t h e Senate approves, o f course).Preitdentjoe Bitten meets witharlwe/.D e p a r t m e n t s o f D o e r sThe 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 GeorgeWashington became t h e first president, there were only three executive d e p a r t m e n t s : the State (foreignaffairs). War, a n d Treasury Departments. Today t h e r e are 15. Because there w e r e n o limits o n the n u m b e ro 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 gneeds o fag r o w i n gandc o m p l e xnation."So w h a t d o executive d e p a r t m e n t s actuallyd 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 toenforceit.Let's say a federal law requires n e wbridges 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 ncharge o f m a k i n g t h a t h a p p e n . They createa plan, h i r e laborers o r contractors to d o t h eExecutive ActionThese executive departments help the president enforce the laws.Agriculture: farming, ranching,and sate food productionCommerce:growth at businessand industryDefense:military operationsEducation: funding and oversightof education programsEnergy:resources such aselectricity, gas, coal, and alternativeresourcesHealth a n d Human Services:food and drug regulation, medicalresearch, and disease preventionHomelandSecurity:terrorismthreats and natural disastersHousing andUrbanDevelop ment:fair housing andhome ownershipInterior:conservation of naturaland historic resourcesjustice:enforces criminal lawsL a b o r job training, work laws, sateworking conditionsState:foreign affairsTransportation:land, sea, and airtransportationTreasury:tinances, hankingVeteran's Affairs:medical careand programs for military memberswork, a n d coordinate w i t h t h e states t o g e tt h e project d o n e . If Congress passed a lawt h a t provides n e w loans t o farmers, i t w o u l dg o t o t h e D e p a r t m e n t o f Agriculture t o carryi t o u t . A n d i f a n e w law called for a n increasei n j o b t r a i n i n g p r o g r a m s , the Departmento f Labor w o u l d j u m p i n t o action. Executived e p a r t m e n t s a r e t h e worker bees o f t h eexecutive branch. They b r i n g laws t o life, a n dall o f the d e p a r t m e n t leaders work to m a k esure t h e president is u p t o date a b o u t w h a t isg o i n g o n i n each d e p a r t m e n t .iivies £2023 ICMc, UK.
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