Unit 3 (Executive Branch).1.ppt

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Copyright © Pearson Education, Inc. Slide 1

Chapter 1, Section 3

10/18/11

SPONGE

Demonstrate: The power of the

President of the United States

EQ

Analyze: The pros/cons of being

(2)

Chapter 13: The Presidency

Section 1

(3)

Copyright © Pearson Education, Inc. Slide 3 Chapter 13, Section 1

Objectives

1. Describe the President’s many roles.

2. Understand the formal qualifications

necessary to become President.

3. Explain how the President’s term of

office has changed over time.

(4)

Key Terms

•

chief of state:

the ceremonial head of

government

•

chief executive:

the leader of the executive

branch and holder of executive power under

the Constitution

•

chief administrator:

the director of the

executive branch

•

chief diplomat:

the main architect of the

nation’s foreign policy and its chief

(5)

Copyright © Pearson Education, Inc. Slide 5 Chapter 13, Section 1

Key Terms, cont.

•

commander in chief:

the leader of the

nation’s armed forces

•

chief legislator:

the main author of the

nation’s public policies

•

chief of party:

the leader of the political

party controlling the executive branch

•

chief citizen:

the representative of all the

(6)

Introduction

• What are the roles and qualifications of the office

of the President?

– The President’s roles include:

• Chief of state

• Chief executive

• Chief administrator

• Chief diplomat

• Commander in chief

• Chief legislator

• Chief citizen

– Qualifications for President include being 35 years old,

a natural born U.S. citizen, and having lived in the

(7)

Copyright © Pearson Education, Inc. Slide 7 Chapter 13, Section 1

Presidential Roles

• The President acts as chief of state, the

ceremonial head of the U.S. government and

the symbol of the American people.

• The President is the chief executive, holding

the nation’s executive power in domestic and

foreign affairs.

(8)

Presidential Roles, cont.

• The President is

the nation’s chief

diplomat, the main

architect of

American foreign

policy and the

nation’s chief

(9)

Copyright © Pearson Education, Inc. Slide 9 Chapter 13, Section 1

Presidential Roles, cont.

• The President is the

commander in chief

of the 1.4 million

(10)

• The President is the chief legislator, proposing

laws that set the congressional legislative

agenda.

• The President is the unofficial head of the

political party that controls the executive branch.

• The President is the unofficial chief citizen,

(11)

Copyright © Pearson Education, Inc. Slide 11 Chapter 13, Section 1

Formal Qualifications

• Checkpoint: What are the three requirements a

potential President must meet to be eligible for

office?

– The President must be a natural born citizen of the

United States.

– The President must be at least 35 years of age.

(12)

Terms in Office

• The Constitution sets no

term limits for the

presidency.

• George Washington set

the custom of serving

two terms.

• Franklin Roosevelt broke

this custom by being

(13)

Copyright © Pearson Education, Inc. Slide 13 Chapter 13, Section 1

Terms in Office, cont.

• The 22

nd

Amendment, ratified in 1944,

limits Presidents to no more than two full

elected terms in office.

– If a President succeeds to the office after the

middle of a term, he or she can still seek two

full terms.

(14)

Views on Term Limits

• Many people, including some Presidents, have argued

that the two-term rule unfairly limits the right of the

people to choose their President.

• Some say it also weakens a President’s influence at the

end of the second term in office.

• Supporters say the amendment protects against abuse

of executive power.

• Some have argued for a single six-year term, which

(15)

Copyright © Pearson Education, Inc. Slide 15 Chapter 13, Section 1

Pay and Benefits

• Congress decides the President’s annual salary.

– This salary cannot be changed while a President is in

office.

– The current salary, set in 2001, is $400,000 a year

plus $50,000 a year for expenses.

– The Constitution forbids the President from receiving

any other pay from the government or the States

(16)

• The President also

receives many

benefits, including the

White House, Air

Force One, Camp

David, a fleet of cars,

a large staff, a suite of

offices, excellent

healthcare, and many

other fringe benefits.

Pay and Benefits, cont.

(17)

Copyright © Pearson Education, Inc. Slide 17 Chapter 13, Section 1

Review

• Now that you have learned about the roles

and qualifications of the office of

President, go back and answer the

Chapter Essential Question.

(18)

Section 2

(19)

Copyright © Pearson Education, Inc. Slide 19 Chapter 13, Section 1

Objectives

1. Explain how the Constitution provides for

presidential succession.

2. Understand the constitutional provisions

relating to presidential disability.

(20)

Key Terms

•

presidential succession:

the scheme by

which a presidential vacancy is filled

•

Presidential Succession Act of 1947:

the current law fixing the order of

succession to the presidency after the

Vice President

•

balance the ticket:

the practice of

choosing a vice presidential running mate

who can strengthen the presidential

(21)

Copyright © Pearson Education, Inc. Slide 21 Chapter 13, Section 1

Introduction

• What occurs when the President is unable

to perform the duties of the office?

– If a President dies, resigns, or is removed by

impeachment, the Vice President succeeds to

the presidency.

(22)

Presidential Succession

• The Vice President

succeeded the President

nine times in U.S. history,

beginning with John Tyler

replacing William

Harrison in 1841.

(23)

Copyright © Pearson Education, Inc. Slide 23 Chapter 13, Section 1

Presidential Succession, cont.

• However, the custom was that the Vice President

took the presidential office as well.

• Under the 25

th

Amendment, adopted

in 1967, the Vice

President now

formally assumes

the office of

(24)

Order of Succession

• The Presidential

Succession Act of 1947

sets the order of

succession after the Vice

President.

(25)

Copyright © Pearson Education, Inc. Slide 25 Chapter 13, Section 1

Presidential Disability

• For many years, there were no provisions for

deciding if a President was too disabled to

continue in office.

– Woodrow Wilson suffered a stroke in 1919 and was

too ill to meet with his cabinet for seven months.

– President Eisenhower had three serious but

temporary illnesses while in office.

(26)

Presidential Disability, cont.

• The 25

th

Amendment addressed the

disability issue. The Vice President

becomes Acting President if:

– The President informs Congress, in writing,

that he or she cannot carry out the powers and

duties of the office, OR

– The Vice President and a majority of the

(27)

Copyright © Pearson Education, Inc. Slide 27 Chapter 13, Section 1

The Vice Presidency

• Checkpoint: What are the formal duties of

the Vice President?

– The Constitution gives the Vice President two

formal duties: to preside over the Senate, and

to help decide if the President is disabled

(under the 25

th

Amendment).

– Otherwise, the Vice President must be ready

to assume the duties of the presidency if

(28)

The Vice Presidency, cont.

• Historically, the office of Vice President has had low

status.

• Often the vice presidential candidate is chosen

because he or she can balance the ticket, helping

the president get elected due to personal

characteristics such as ideology, geographic

background, race, ethnicity, or gender.

(29)

Copyright © Pearson Education, Inc. Slide 29 Chapter 13, Section 1

• Recent Vice Presidents have had more political experience

and influence.

• Dick Cheney is

widely viewed as

the most influential

vice president in

history.

• Joe Biden, right,

brought years of

foreign policy

experience to his

office.

The Vice Presidency Today

(30)

The Vice Presidency Today, cont.

• No Vice President

has been given as

much power as the

President, in part

because the

President cannot

remove the Vice

President.

– What does this

(31)

Copyright © Pearson Education, Inc. Slide 31 Chapter 13, Section 1

Vice Presidential Vacancy

• The vice presidency has been left vacant

nine times by succession, seven times by

death, and twice by resignation.

• Under the 25

th

Amendment, the President

can fill a vice presidential vacancy by

nominating a Vice President, who must be

confirmed by both houses of Congress.

(32)

Review

• Now that you have learned about what

occurs when the President is unable to

perform the duties of the office, go back

and answer the Chapter Essential

Question.

(33)

Section 3

(34)

Objectives

1. Explain the Framers’ original provisions

for choosing the President.

2. Understand how the rise of political

(35)

Copyright © Pearson Education, Inc. Slide 35 Chapter 13, Section 1

Key Terms

•

presidential elector:

one of a group of

individuals who cast the formal votes that

choose the President

•

electoral vote:

one of two votes cast by an

elector, one for President and one for Vice

President

•

electoral college:

the group of people

chosen from each State and the District of

(36)

Introduction

• How did the process of choosing a President

change over time?

– At first electors cast two votes for president, each for

a different candidate. The winner became President

and the runner-up became Vice President.

– The 12

th

Amendment added separate electoral votes

for President and Vice President.

(37)

Copyright © Pearson Education, Inc. Slide 37 Chapter 13, Section 1

The Constitutional Debate

• The Framers of the Constitution debated

whether to have the President chosen by

Congress or by the popular vote of the

people.

– Opponents of congressional selection felt it would

upset the separation of powers between the

executive and legislative branches.

(38)

The Electoral College

• The Framers agreed on a plan put forth by

Alexander Hamilton.

• They created the electoral college, a special

body of presidential electors representing each

state.

– Each state would have as many electors as it had

senators and representatives in Congress.

(39)

Copyright © Pearson Education, Inc. Slide 39 Chapter 13, Section 1

The Electoral College, cont.

• Each elector would cast two electoral votes,

each for a different candidate.

– The candidate with the most electoral votes would

become President.

– The candidate with the second-most votes would

become Vice President.

• The Framers did not anticipate the rise of

(40)

The Election of 1796

• In 1796, the

Democratic-Republican candidate

Thomas Jefferson

finished a close second to

Federalist John Adams.

(41)

Copyright © Pearson Education, Inc. Slide 41 Chapter 13, Section 1

The Election of 1800

• In 1800, the Federalists and

Democratic-Republicans faced each other again.

• For the first time, each party nominated two

candidates, one for President and one for Vice

President.

– John Adams and Alexander Hamilton formed the

(42)

The Election of 1800, cont.

• Each party also

nominated electors

who, if chosen, swore

to vote for their

party’s presidential

and vice-presidential

nominees.

• In the map at right,

the orange areas

(43)

Copyright © Pearson Education, Inc. Slide 43 Chapter 13, Section 1

The Election of 1800, cont.

• As per the electoral

college rules, each

Democratic-Republican elector

cast two presidential

votes, one for

Jefferson and one for

Burr.

(44)

• Popular opinion favored Jefferson, who

had run as the party’s formal presidential

candidate. But there was no rule stating

that he should win the electoral tie.

• Instead, it took the House of

Representatives 36 separate votes to

break the tie and elect Jefferson as

(45)

Copyright © Pearson Education, Inc. Slide 45 Chapter 13, Section 1

The Election of 1800, cont.

• The 12

th

Amendment, ratified in 1804, separates

the vice presidential and presidential elections.

• Each presidential

elector now casts

one vote for

President and

(46)

Review

• Now that you have learned about how the

process of choosing a President changed

over time, go back and answer the

(47)

Section 4

(48)

Objectives

1. Describe the role of conventions in the

presidential nominating process.

2. Evaluate the importance of presidential

primaries.

3. Understand the caucus-convention

process.

4. Outline the events that take place during

a national convention.

(49)

Copyright © Pearson Education, Inc. Slide 49 Chapter 13, Section 1

Key Terms

•

presidential primary:

an election in which a

party’s voters choose state delegates to the

national convention and/or express a preference

for their party’s presidential nomination

•

winner-take-all:

contest where the candidate

who wins gets all the delegates chosen at the

primary

•

proportional representation:

a system that

gives a primary candidate a proportion of

(50)

Key Terms, cont.

•

caucus:

a closed meeting of party

members who select delegates to a

national convention

•

national convention:

a quadrennial

meeting where major parties select their

presidential ticket

•

platform:

a party’s formal statement of

principles

(51)

Copyright © Pearson Education, Inc. Slide 51 Chapter 13, Section 1

Introduction

• Does the nominating system allow Americans to

choose the best candidates for President?

– The widely used presidential primary system does

force candidates to prove their political abilities before

moving on in the nominating process.

(52)

Nominating the President

• The system of nominating the President is not

mentioned in the Constitution and has been created

by the two major parties.

• Each party’s national committee sets the time and

place of its national convention.

• The committees also assign each State party a

certain number of convention delegates. In 2008,

(53)

Copyright © Pearson Education, Inc. Slide 53 Chapter 13, Section 1

Selecting Delegates

• The Republican Party

leaves the process of

picking delegates

largely up to State laws.

• The Democratic Party

also enforces some

national party rules to

promote participation

by minorities, women,

and grass-roots

(54)

Presidential Primaries

• Checkpoint: How do State laws affect the

presidential primary system?

– The details of delegate-selection vary from State to State.

– In some States, the presidential primary chooses party

delegates to the national convention.

– In others it expresses a preference among presidential

contenders.

– In some States it does both.

(55)

Copyright © Pearson Education, Inc. Slide 55 Chapter 13, Section 1

Primaries Today

• State primaries were

once winner-take-all

affairs.

• The Democratic

Party’s rules now

ban this method,

forcing many States

to change their

(56)

Primaries Today, cont.

• Most States now use

the proportional

representation method.

• More than half the

primary States now

hold a preference

primary, with the

delegates being chosen

at a State party

(57)

Copyright © Pearson Education, Inc. Slide 57 Chapter 13, Section 1

Evaluation of the Primary

• Checkpoint: Why are primaries considered vital

to the nomination process?

– They force potential nominees to test their political

strength and prove their worthiness as main

contenders.

– Primaries also make the nomination process more

democratic.

– Primaries are less important to the party in power,

which typically will either nominate the sitting

(58)

Primary Reform Proposals

• Critics have

suggested that a

series of regional

primaries or a single

national primary

would be more

efficient than the long,

costly State-by-State

primary system.

(59)

Copyright © Pearson Education, Inc. Slide 59 Chapter 13, Section 1

Caucuses

• In States that do not hold primaries, caucuses

choose the delegates to the national convention.

– Party voters attend local caucuses where they vote

for delegates to attend district conventions.

– The district conventions choose delegates to the

State convention, which then selects the State

(60)

The National Conventions

• Today a party’s nominee is usually decided before the

convention.

• Conventions have three key goals:

– Naming the party’s presidential and vice presidential

candidates

– Uniting the party’s factions and leaders in one place for a

common purpose

– Adopting the party platform, stating its basic principles,

policy goals, and objectives for the campaign and beyond.

– Conventions also draw media attention for the party and its

(61)

Copyright © Pearson Education, Inc. Slide 61 Chapter 13, Section 1

• Conventions meet for 3-4

days, organized around

many speeches by party

leaders, adoption of the

party platform, and the

keynote address

celebrating the party and

its candidates.

• The convention closes

with the State delegations

voting for the presidential

nominee and the

nominee’s acceptance

speech.

National Conventions, cont.

(62)

Race for the Presidency

• The race for the presidency begins long before

the election.

– One to four years before the election, potential

candidates begin to explore their chances, organize,

and raise funds.

– From January to June of the election year, primaries

and caucuses help decide the party’s frontrunner.

– In August and September, major parties hold

(63)

Copyright © Pearson Education, Inc. Slide 63 Chapter 13, Section 1

• From September to November, the presidential

candidates hold debates and give speeches.

• On the Tuesday after the first Monday in

November, the voters cast their ballots and

choose the president-elect.

Race for the Presidency, cont.

(64)

• Sitting presidents eligible for another term are

usually nominated.

• Nominees have almost always held elected

office, with governors being the most common

nominees.

• A long public

record is

common but

not a necessity.

Who is Nominated?

(65)

Copyright © Pearson Education, Inc. Slide 65 Chapter 13, Section 1

Who is Nominated?, cont.

• The overwhelming majority of nominees have

been white, male, Protestant, and married.

• Women and minorities had not been serious

major party candidates until 2008, with Hilary

Clinton and Barack Obama vying for the

Democratic nomination and Obama winning the

presidency.

(66)

Review

• Now that you have learned about whether

the nominating system allows Americans

to choose the best candidates for

President, go back and answer the

(67)

Section 5

(68)

Objectives

1. Describe the features of the presidential

campaign.

2. Explain how the electoral college provides

for the election of the President.

3. Identify several flaws in the electoral college

system.

(69)

Copyright © Pearson Education, Inc. Slide 69

Chapter 1, Section 3

10/26/11

SPONGE

Demonstrate: How you have the

freedom to choose.

(70)

Key Terms

•

swing voter:

a voter who has not made

up his or her mind at the start of a

campaign

•

battleground State:

a State in which

either candidate could win

(71)

Copyright © Pearson Education, Inc. Slide 71 Chapter 13, Section 1

Key Terms, cont.

•

proportional plan:

a plan that gives each

presidential candidate a share of the State

electoral vote equal to his or her share of the

State popular vote

•

direct popular election:

a plan that would

abolish the electoral college and replace it

with a direct popular vote for president

•

national popular vote plan:

a plan to reform

(72)

Introduction

• Does the election process serve the goals of

American democracy today?

– This question is still widely debated.

– Critics note that the current electoral process does

not always elect the winner of the popular vote.

(73)

Copyright © Pearson Education, Inc. Slide 73 Chapter 13, Section 1

Presidential Campaigns

• Presidential campaigns now begin long before the party

conventions.

• Candidates focus their time and money on battleground

States and swing voters, trying to persuade uncommitted

voters to support vote for them.

(74)

Presidential Campaigns, cont.

• Voters are

bombarded with

ads, interviews,

speeches, and press

releases.

• Since the 1960s,

candidates also

routinely debate

each other in

nationally televised

(75)

Copyright © Pearson Education, Inc. Slide 75 Chapter 13, Section 1

Presidential Campaigns, cont.

• Checkpoint: What

role does the

popular vote play in

a presidential

election?

(76)

Choosing Electors

• Presidential electors cast the actual votes for

President and Vice President. Electors are chosen

by the results of the State popular vote on election

day.

• Electors meet at their State capital after the election

and cast one electoral vote for President and one for

Vice President. The results are sent to Washington

and tallied.

• The Framers expected electors to use their own

(77)

Copyright © Pearson Education, Inc. Slide 77 Chapter 13, Section 1

Counting Electoral Votes

• Each State has as

many electors as it

has members of

Congress.

• Each State receives

at least three electors,

two for its Senate

seats and one for the

House.

(78)

Counting Electoral Votes

• The winner-take-all

system gives

all

a

State’s electoral votes

to the candidate who

wins the State

popular vote.

– How does this graphic

show the impact of the

winner-take-all

(79)

Copyright © Pearson Education, Inc. Slide 79 Chapter 13, Section 1

Defects in the Electoral College

• The winner-take-all system and the unequal distribution

of State electoral votes means that the winner of the

electoral vote might lose the popular vote.

• This has happened four times. Fifteen Presidents have

won with less than a majority of the popular vote.

(80)

Bush

v.

Gore

Bush

v.

Gore

• In 2000, Al Gore narrowly

won the popular vote, but

George W. Bush won the

electoral college by one

vote.

• Florida’s popular vote

was disputed, leading to

a recount stopped by a

5-4 decision of the

Supreme Court, giving

Bush Florida’s 25

(81)

Copyright © Pearson Education, Inc. Slide 81 Chapter 13, Section 1

The House

• Electors are not required by the Constitution to

pick the winner of the popular vote in their State.

• It is possible that a presidential election will need

to be decided in the House.

– House votes are by State, not individual members,

which gives small States undue influence.

(82)

The House, cont.

• The House vote also

requires a majority of

26 States, which

could be difficult to

achieve. A minority

party could also

control a majority of

state delegations.

– What does this

(83)

Copyright © Pearson Education, Inc. Slide 83 Chapter 13, Section 1

Proposed Reforms

• The

district plan

lets every State congressional district

select its own electors by popular vote.

• The

proportional plan

gives each candidate a share of

the State electoral vote equal to their share of the State

popular vote.

• These plans require no constitutional amendment but do

not guarantee that the winner of the national popular

(84)

Direct Popular Election

• The direct popular election plan abolishes the

electoral college. Voters would vote directly

for President and Vice President.

• The plan has popular support but faces

several obstacles:

– It would take a constitutional amendment to get

rid of the electoral college.

– It would make individual States less important.

– It would force candidates to campaign

(85)

Copyright © Pearson Education, Inc. Slide 85 Chapter 13, Section 1

National Popular Vote Plan

• The national popular vote plan calls on States to reform

the electoral college and has wide support.

– All State electoral votes would be given to the winner of

the

national

popular vote.

– All States would enter into a compact that would make this

change effective only if approved by States totaling at least

270 electoral votes.

(86)

Defending the Electoral College

• Checkpoint: What are the arguments for keeping the

electoral college system?

– It is a known process. Reforms may have unknown flaws.

– The present system usually identifies the president-elect

quickly and clearly.

– The electoral college promotes the nation’s two-party

system.

(87)

Copyright © Pearson Education, Inc. Slide 87 Chapter 13, Section 1

Review

• Now that you have learned about whether

the election process serves the goals of

American democracy today, go back and

answer the Chapter Essential Question.

(88)

Chapter 14: The Presidency in Action

Section 1

(89)

Objectives

1. Explain why Article II of the Constitution

can be described as “an outline” of the

presidential office.

2. List several reasons for the growth of

presidential power.

(90)

Key Terms

•

Executive Article

:

the name given to

Article II of the U.S. Constitution, which

establishes the office of the President

•

imperial presidency

:

a critical view of the

presidency that argues that Presidents

(91)

Introduction

• What factors have contributed to the

growth of presidential power?

– The presidency is a unified office with a

focused purpose.

– Congress has granted more authority to the

executive branch.

– The President can act decisively in times of

crisis, increasing his or her influence.

(92)

Article II

• Article II of the

Constitution gives the

President power to:

– Command the armed

forces

– Make treaties

– Approve or veto acts of

Congress

– Send or receive diplomats

– “Take care that the Laws

be faithfully executed.”

(93)

Views of the Presidency

• Checkpoint: What two views of the

presidency were debated by the Framers?

– These executive powers are broadly defined

and open to interpretation.

• At the Constitutional Convention, some delegates

argued for a weaker chief executive appointed by

Congress.

(94)

Growth of Power

• Presidential power has grown over time. Why

has this happened?

– Compared to Congress, the executive branch is a

unified office with one leader, capable of quicker

decisions.

(95)

Growth of Power, cont.

• Congress has

delegated authority

to the

executive branch to carry out the many

laws passed by the legislative branch.

– Certain Presidents have used the influence of

their office to increase the scope of

(96)

Growth of Power, cont.

• The

size of the staff

supporting the

President has grown, allowing involvement

in more areas of government.

– Presidents have a unique ability to use

mass

media

—such as radio, television, and the

(97)

Means of Gaining Power

• The debate continues

over how much power

the President should

have relative to

Congress.

(98)

Gaining Power

(99)

Limits on Power

• Checkpoint: What limits the growth of

presidential power?

– In 1952, the Supreme Court ruled that

President Harry Truman

could not use

his

powers as commander in chief to take control

of U.S. steel mills during the Korean War.

(100)

Limits on Power, cont.

• In 2006, the Court ruled that President

George W. Bush

could not use

military

tribunals to prosecute “enemy combatants”

and held that part of his plan violated the

Geneva Conventions and the Uniform

Code of Military Justice. (

Hamdan

v.

(101)

Opposing Views

• Presidents like Theodore Roosevelt have

supported broad powers.

– Roosevelt supported the “

stewardship

(102)

Opposing Views, cont.

• Presidents like William

Taft have favored limited

presidential powers.

– Taft felt that Presidents

could not simply assume

powers that they felt

were needed to serve

the people.

All

(103)

Imperial Presidency

• In recent years, some critics claim that the

presidency has grown too powerful.

• They refer to this increase of power as an

imperial presidency

because presidents

often take actions without consulting

(104)

Imperial Presidency, cont.

• Supporters of the imperial presidency

argue that the President often needs to act

more swiftly than would be possible if he

or she had to wait for congressional

(105)

Review

• Now that you have learned about the

growth of presidential power, go back to

the Chapter Essential Question.

(106)

Chapter 14: The Presidency in Action

Section 2

(107)

Objectives

1. Identify the sources of the President’s

power to execute federal law.

2. Define the ordinance power.

3. Explain how the appointment power

works and describe the limits on the

removal power.

(108)

11/1/11

SPONGE

Count your money and prepare

to make a deposit and pay rent

(109)

Key Terms

•

executive order

:

directives, rules, or

regulations issued by the President that

have the force of law

•

ordinance power

:

the authority to issue

executive orders

•

executive privilege

:

a right claimed by

some Presidents that allows them to

(110)

Introduction

• What are the executive powers and how were

they established?

– The President:

• Executes and interprets the law of the land

• Issues executive orders

• Appoints many public officials

• Removes appointed officials

• Can use executive privilege to withhold information from

Congress and the federal courts

(111)

The Chief Executive

• The President enforces

and carries out

all

federal

laws. This authority comes

from two sources:

– The

oath of office

, which

requires the President to

“faithfully execute the

Office of President” and

“protect and defend the

Constitution.”

– The

constitutional

requirement

that the

President “take Care that

the Laws be faithfully

(112)

Interpreting Laws

• Congress passes many laws that set out broad

policies, but do not include specific details for

enforcement.

• The President and other members of the

executive branch must decide

how

these laws

should be administered and enforced.

(113)

The Ordinance Power

• The President can issue executive orders—rules

and regulations that have the force of law. This

is called the ordinance power.

– The President must have this authority in order to use

some of the executive powers granted by the

Constitution.

– In addition, Congress has delegated the authority to

direct and regulate many legislative policies and

(114)

The Appointment Power

• The Constitution grants the President

appointment power, the ability to appoint some

federal officials.

– This power is necessary to ensure that presidential

policies are carried out.

– The President appoints some 3,000 of the 2.7 million

federal workers.

(115)

Presidential Appointments

• Presidents appoint top-ranking officials such as:

–

Cabinet members

and their top aides

–

Ambassadors

and other diplomats

– The heads of

independent agencies

– All

federal judges

,

U.S. marshals

, and

attorneys

– All officers in the

U.S. armed forces

(116)

Recess Appointments

• The president can make recess

appointments to fill vacancies when the

Senate is not in session.

– These appointments expire at the end of the

congressional term they were made.

(117)

The Confirmation Process

• This graphic outlines

the process of

nominating and

approving or rejecting a

presidential appointee.

– Under the custom of

senatorial courtesy, the

Senate will only approve

federal appointees

supported by the

Senators from their state

who belong to the

(118)

Presidential Appointees

• Presidential

appointees are

sometimes criticized

for lacking

independence and

simply parroting

presidential views.

– How might this

parroting actually

(119)

The Removal Power

• The Constitution does not say how

appointed officers should be removed.

– Some politicians wanted

Senate approval

for removals as well as appointments.

– Others argued that the President must

(120)

The Removal Power, cont.

• The First Congress gave the President

the power to remove any appointed

officer except for federal judges.

• Congress tried unsuccessfully to take

(121)

The Removal Power, cont.

• In 1962, the Supreme Court ruled that the

removal power was a key part of the

(122)

• In 1935, the Court ruled Congress can set the

conditions under which members of

independent regulatory agencies

, such as the

Federal Trade Commission, may be removed

from office.

– This ruling applies only to a small number of

appointed offices.

(123)

Executive Privilege

• At times, Presidents have refused to reveal

certain information to Congress or the federal

courts.

• Congress has never officially recognized the

right of executive privilege.

– The President’s advisers and staff must be able to

speak freely to give good advice. To do so, they must

believe that their words are confidential unless the

President chooses to reveal them publicly.

(124)

United States

v.

Nixon

United States

v.

Nixon

– However, the Court also

ruled that executive

privilege cannot be used

to prevent evidence from

being heard in a criminal

proceeding, as that

would deny the 6

th

Amendment guarantee

of a fair trial.

(125)

Review

• Now that you have learned what they

executive powers are and how they were

established, go back to the Chapter

Essential Question.