Am Gov Executive

nullChapter 12 Chapter 12 The Executive Branch 行政分支The Many Roles of the President (page 393) 总统的众多角色The Many Roles of the President (page 393) 总统的众多角色The Constitution established the following five major roles for the president head of state chief executive commander-in-chief of the armed forces chief diplomat chief legislator of the United StatesnullArticle 2 Vacancies in the Presidency Filled by the Vice President What if both are vacant? Constitution allows Speaker of the House to decide Presidential Succession Act of 1947 Sets up order of succession after VP and Speakernull President Pro Tempore of the Senate Cabinet Secretaries in order of creation State Treasury Defense Attorney General Interior Agriculture Most recent: Homeland Security Head of State (page 393) Head of State (page 393) One role is ceremonial head of state. As head of state the president has a symbolic status of symbolic performs largely ceremonial duties. In most countries the head of state is not the leader of government, but is a separate position, such as the queen in Britain or the president in Germany Chief Executive (page 394) Chief Executive (page 394) The president also functions as the chief executive. In this position, the president is leader of government in the executive branch. This position requires that the president administer the laws of the country. There are numerous administrative agencies which are part of the executive branch.Chief Executive (page 394)Chief Executive (page 394) The Powers of Appointment and Removal. The president is responsible for selecting high‐ranking, unelected officers of the government: chief officers of administrative agencies and cabinet officials Grant Reprieves and Pardons (page 397) Grant Reprieves and Pardons (page 397) A Reprieve is formal postponement of the execution of a sentence imposed by a court of law. A Pardon is a release from the punishment for or legal consequences of a crime. A pardon can be granted by the president before or after a conviction. Commander in Chief (page 397) Commander in Chief (page 397) Commander in Chief of the military forces Through this power, control of the armed forces rests in civilian—rather than military—hands. The War Powers Resolution. The War Powers Resolution of 1973 requires the president to report to Congress on the use of force when the president commits troops without congressional approval. Congress can require the president to withdraw forces. Chief Diplomat (page 398) Chief Diplomat (page 398) Proposal and Ratification of Treaties. The president has the sole power to negotiate treaties. Two‐thirds of the Senate must approve of a treaty before it goes into effect. Executive Agreements. The president can also make international agreements with the heads of foreign governments. These executive agreements do not require the approval of the Senate. Chief Legislator (page 401) Chief Legislator (page 401) Getting Legislation Passed. The president attempts to persuade Congress to pass presidential proposals. If the president is from the same party that has control of both houses of Congress, it is easier for him to work with Congress on his legislative agenda. Chief Legislator (page 401) When the opposition party controls Congress, the president has a more difficult time gaining the enactment of his proposals. Saying No to Legislation. If Congress decides to ignore the president’s agenda and pursue their own legislation, the president may attempt to stop legislation by use of the veto. Chief Legislator (page 401) Veto Power (page 402)Veto Power (page 402)Congress’s Power to Override Presidential Vetoes. When the president vetoes a bill, it is possible for Congress to override the veto with a two‐thirds vote in both chambers. Overall, only about 7 percent of vetoes have been over‐ridden. Other Presidential Powers (page 405) Other Presidential Powers (page 405) These include powers that Congress has bestowed on the president by statute (statutory powers) and those that are considered inherent powers. Inherent powers are those powers the head of government needs to fulfill his duties, as prescribed vaguely in the Constitution. An example of inherent powers is the emergency powers used by the president in times of war. The President as Party Chief and Superpolitician (page 406) The President as Party Chief and Superpolitician (page 406) The President as Chief of Party. As the powerful leader of a political party, the president chooses the national committee chair. In the past, patronage was a reward presidents could bestow on party members. Increasingly, the president has acted as chief campaigner and fundraiser for the party. Typically, candidates for Congress and even state offices rely on the president’s ability to generate contributions to help fund their campaigns. Special Uses of Presidential Power (page 409) Special Uses of Presidential Power (page 409) Emergency Powers. These can be used during periods of national crisis. The United States Supreme Court identified these powers in the case of United States v. Curtis‐Wright Export Corporation in 1936. Executive Orders. An executive order is a rule or regulation issued by the president that has the effect of law. Executive orders can implement and give administrative effect to provisions in the Constitution, treaties, and statutes. Executive Privilege (page 410)Executive Privilege (page 410)This is the right of the president, or a member of his administration, to withhold information from or refuse to appear before a legislative committee. This right is based on the constitutional doctrine of the separation of powers. Critics argue it can be used to shield actions of the executive branch from public scrutiny. Limiting Executive Privilege. There are limits to this type of claim as were demonstrated in the case of United States v. Nixon in 1974, which held that executive privilege cannot be used to withhold evidence to be used in criminal proceedings. Abuses of Executive Power and Impeachment (page 410)Abuses of Executive Power and Impeachment (page 410)Article I, Section 2, gives the House of Representatives the power of impeachment. If a majority of the members of the House vote to impeach, the Senate will conduct a trial. If 2/3’s of the Senators vote for conviction, the officer is removed from office. There have been two presidential impeachments in the history of the United States but no president has also been convicted (and thus removed from office). Andrew Johnson was impeached by the House but the Senate did not vote to convict. President Nixon resigned his position before a vote on impeachment by the House in 1974. President Clinton was impeached by the House on charges or perjury and obstruction of justice. He also was not convicted by the Senate. The Executive Organization (page 412) The Executive Organization (page 412)The structural organization of the executive branch was not outlined in the Constitution All the Constitution provides for is a president and a vice president. The remaining structure was left to the discretion of the president and Congress. This lack of constitutional rigidity has allowed for a flexible expansion of the executive branch. The greatest growth in the executive branch occurred in the twentieth century. The Cabinet (page 412)The Cabinet (page 412)The cabinet is also not described in the Constitution. Members of the Cabinet. The fourteen department secretaries and the attorney general meet to receive directives from the president, provide the president with information from their areas of specialization, and to advise the president on matters of state