Second Branch the ExecutiveHSStudent docs2023 2

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POLS AMERICAN G

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Political Science

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Jun 11, 2024

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© 2023 iCivics, Inc. Name __________________________ What happens when you have a group project and no one takes the lead? Not much, right? It's 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 have. Many feared that a powerful leader would 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. In 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 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 that. 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. Second Branch: The Executive A person's religion can never disqualify them from being president according to Article VI, Section 3. Electing Executives Did you 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 won the most votes in their state. Originally, the candidate with the most electoral votes became president, and the runner up became vice president. The executive Power shall be vested in a President of the United States... — Article II, Section 1 1

© 2023 iCivics, Inc. Name __________________________ 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), creates 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 to get the picture? Even the president's greatest power—the ability to veto , or reject, the laws passed by Congress—has limits to it. Congress can override a presidential veto when two-thirds of both Houses agree. (It's super hard to achieve, but not impossible!) 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 that 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 to 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 in the Constitution... just in case. 2 Second Branch: The Executive President Obama greets members of the military. As Commander in Chief the president is responsible for the safety and security of the United States. Photo: MANDEL NGAN/AFP/GettyImages He shall nominate and... appoint Ambassadors,... Judges of the supreme Court and all other officers of the United States... I Swear! Have you ever seen a president get "sworn in" 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. President Trump delivers his 2020 State of the Union speech. Article II requires the president give a speech that updates Congress and the public on the country's progress. Photo: Yasin Ozturk/Anadolu Agency via Getty Images — Article II, Section 2

© 2023 iCivics, Inc. Name __________________________ National Caretaking The most important job of the president and the executive branch is to execute , or enforce, the laws. It's the whole reason why the executive branch was created. Since there are so many federal laws, it may sound like this role gives the president a tremendous amount of power, but it's limited as well. The president enforces the laws, but they are laws passed by Congress . The president has to enforce them whether they agree with those laws or not. How does one person enforce all the laws of the entire nation? Well,... they don't. The president has a team—a huge team—that helps them get the work done. It consists of several executive departments who make up the rest of the executive branch. But don't go looking for the executive departments in Article II. They aren't there. The Framers never laid out specifics. They only said the president may "require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices." Pretty vague, huh? The Framers assumed there would be several departments, each focusing on a specific area of expertise, like a Treasury Department to oversee the nation's finances. And they left it up to Congress to decide what departments to create. Today, the president's cabinet , or closest advisors, includes all the department leaders (called "secretaries") and the vice president. They meet regularly to advise the president on what actions to take. Because the team needs to work well together, the president appoints all of their cabinet (if the Senate approves, of course). Departments of Doers The Framers' vagueness about executive departments turned out to be a good thing. When George Washington became the first president, there were only three executive departments: the State (foreign affairs), War, and Treasury Departments. Today there are 15. Because there were no limits on the number or responsibilities of the departments, it allowed the executive branch to expand to meet the changing needs of a growing and complex nation. So what do executive departments actually do? When the president signs a bill into law, that law is given to the proper department to enforce it. Let's say a federal law requires new bridges to be built on interstate highways. The Department of Transportation is put in charge of making that happen. They create a plan, hire laborers or contractors to do the work, and coordinate with the states to get the project done. If Congress passed a law that provides new loans to farmers, it would go to the Department of Agriculture to carry it out. And if a new law called for an increase in job training programs, the Department of Labor would jump into action. Executive departments are the worker bees of the executive branch. They bring laws to life, and all of the department leaders work to make sure the president is up to date about what is going on in each department. 3 Second Branch: The Executive He shall take care that the laws be faithfully executed... — Article II, Section 3 Agriculture: farming, ranching, and safe food production Commerce: growth of business and industry Defense: military operations Education: funding and oversight of education programs Energy: resources such as electricity, gas, coal, and alternative resources Health and Human Services: food and drug regulation, medical research, and disease prevention Homeland Security: terrorism threats and natural disasters Housing and Urban Development: fair housing and home ownership Interior: conservation of natural and historic resources Justice: enforces criminal laws Labor: job training, work laws, safe working conditions State: foreign affairs Transportation: land, sea, and air transportation Treasury: finances, banking Veteran's Affairs: medical care and programs for military members Executive Action These executive departments help the president enforce the laws. President Joe Biden meets with his cabinet. Photo: Drew Angerer/Getty Images

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