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The Government of the United States of America |
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The Executive Branch |
| Roles & Requirements of the President: |
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The President is the Head of the Executive Branch and generally viewed as the head of the U.S. Government. While he does have significant power, his power is limited by the Constitution. Specifically, the Constitution assigns the following powers to the President: |
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| The President and the Vice-President are the only officials elected by the entire country. However, there are requirements for holding either of these positions. In order to be elected, one must be at least 35 years old. Also, each candidate must be a natural-born U.S. citizen and have lived in the U.S. for at least 14 years. When elected, the President serves a term of four years. At most, a President may serve two terms. |
Election & Removal of the President: |
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The President is not chosen by direct popular vote. The Constitution requires that a process known as the Electoral College ultimately decides who will win the general election. The Electoral College is a method of indirect popular election of the President of the United States. The authors of the Constitution put this system in place so that careful and calm deliberation would lead to the selection of the best-qualified candidate. Voters in each state actually cast a vote for a block of electors who are pledged to vote for a particular candidate. These electors, in turn, vote for the presidential candidate. Each state is apportioned a number of electors equal to the total number of their Congressional delegation. After Election Day, on the first Monday after the second Wednesday in December, these electors assemble in their state capitals, cast their ballots, and officially select the next President of the United States. Legally, the electors may vote for someone other than the candidate for whom they were pledged to vote. This phenomenon is known as the "unfaithful" or "faithless" elector. Generally, this does not happen. Therefore, the candidate who receives the most votes in a state at the general election will be the candidate for whom the electors later cast their votes. Two votes are taken, one for President and one for Vice President. Electors are restricted from voting for two candidates from their state. The candidate who wins in a state is awarded all of that state’s Electoral College votes, except in Maine and Nebraska where the electoral may be split. The votes of the electors are then sent to Congress where the President of the Senate opens the certificates, and counts the votes. This takes place on January 6, unless that date falls on a Sunday. In that case, the votes are counted on the next day. An absolute majority is necessary to prevail in the presidential and the vice presidential elections, that is, half the total plus one electoral votes are required. With 538 Electors, a candidate must receive at least 270 votes to be elected to the office of President or Vice President. The President can be removed from office through the process of impeachment. If the House of Representatives feel that the President has committed acts of "Treason, Bribery, or other High Crimes and Misdemeanors" they can impeach him with a majority vote. An impeachment is very similar to a legal indictment. It is not a conviction, however, and not enough to remove the President from office alone. The case then goes to the Senate. Overseen by the Chief Justice of the Supreme Court, the Senate reviews the case and votes whether or not to convict the President. If they vote in favor of conviction by a two-thirds margin, then the President is removed from office. |
Organization of the Presidency: |
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When most people think of the presidency, they think of an individual – the president – but in fact the presidency is a complex bureaucracy. A bureaucracy is a way of organizing a government, institution or corporation into different departments, agencies, offices, etc. so that it functions better. The presidency is organized into several categories of public agencies. The Executive Office of the President and the president’s cabinet are the most important agencies in the presidency. Some of these agencies have staff functions to collect information for the president and advise him on many issues. In the Executive Branch, there are cabinet departments, independent federal agencies, government corporations and other bureaus and commissions. These agencies are known as line agencies. Member of these line agencies carry out government policies (plans of action) and programs. Fifteen cabinet members are appointed by the president after he is elected to run the government's executive departments; the Senate must approve all appointments. Click HERE to see a list and descriptions of Cabinet positions. |
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Legislative Powers of the President: |
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Most people view the President as the most powerful and influential person in the United States government. While he does wield a great deal of political might, his effect on the law-making process is limited. Only Congress can write legislation; the President may only recommend it. If he does so, then a member of Congress may introduce the bill for consideration. Whereas only Congress may create legislation, it is difficult for them to pass a bill without the President’s approval. When Congress passes a bill, they send it to the White House. The President then has three options: sign the bill into law, veto the bill, or do nothing. When the President signs a bill into law, it immediately goes into effect. At this point, only the Supreme Court can remove the law from the books by declaring it unconstitutional. When the President vetoes a bill, it does not go into effect. The President vetoes a bill by returning it to Congress unsigned. In most cases, he will also send them an explanation of why he rejected the legislation. Congress can override a presidential veto, but to do so, two-thirds of each chamber must vote in favor of the bill. However, an override does not occur very often. If the President chooses the third option, doing nothing with the bill, one of two things will occur. If Congress is in session ten business days after the President receives the bill, the legislation will become a law without the President’s signature. However, if Congress adjourns within ten business days of giving the bill to the President, the bill dies. When the President kills a bill in this fashion, it is known as a pocket veto. In this case, Congress can do nothing to override his decision. The Presidential veto is an extremely powerful tool. Often, to get Congress to reconsider legislation, the President need only threaten to veto a bill if it passes. However, this power has its limitations. The President may only veto a bill in its entirety; he does not have the power of a line-item veto, which would allow him to strike individual sections of a bill while still passing it. Because of this limitation, the President must often compromise if Congress passes a bill that he agrees with, but attaches a rider that goes against his policy. Compromise, in general, is a crucial aspect to a President’s success in working with Congress. The President’s political party very rarely also controls Congress. Therefore, the President must work with Senators and Representatives who disagree with his agenda. However, if the President refused to pass any legislation that he disagreed with and Congress behaved similarly, the government would come to a halt. Thus, they must work together to keep the government moving. In addition, the President relies on the support of the American people to accomplish his goals. The public elects the President and the members of Congress. When the public disapproves of the President, Senators and Representatives will distance themselves with the President and his agenda. If they side with an unpopular President, their constituents might not re-elect them. Thus, if the President loses popular support, he will lose support in Congress and will be unable to get any of his suggested legislation enacted. Who steps in if the president is unable to serve? Click HERE to see the complete list of Presidential Succession. Click HERE to see a list of all US Presidents. |
