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Government study guide #5 Executive Branch

Terms in this set (63)

Qualifications for presidency:
1. At least 35 years old.
2. Natural born citizen of the United States.
3. Lived in the US for 14 years.
- term = 4 years.
22 nd Amendment
- Limit term of president to 2 terms.
- If a person acted as president for more than 2 of a term to which someone else was elected president, he/she cannot be president more than once.
- Ratified in 1951.
25th Amendment
Ratified in 1967.
President can be forced from office temporarily if:
1. The VP and majority of congress
or
2. The VP and president's cabinet secretaries declares the president unable to discharge the powers and duties of the office.
> the VP becomes president until the president returns to office.
Allows the president to appoint a new VP if VP
resigns, dies, impeached, or becomes president.

Examples:
1973: VP Spiro T. Agrew resigns > Pres. Nixon appoints Gerald Ford as new VP.

1974: Pres. Nixon resigns > VP Ford becomes the new president > appoints Nelson A. Rockefeller as new VP.
Chain of succession
1. VP
2. Speaker of the House of Representatives
3. Senate president pro tempore
4. Secretary of State
5. Secretary of Treasury
18. Secretary of Homeland security
Many of the powers of the president are subject to the approval of the
Senate
Powers of the president:
- Legislative powers
- Administrative powers
- Budgetary powers
- Judicial powers
- National Security powers
Legislative powers
- present info on the state of the union to congress
- recommend legislation to congress.
- can call special meetings of either the House or the Senate, or both on extraodinary occasions.
- adjourn congress if the House and Senate cannot agree on adjournment.
- veto legislation (congress may override with 2/3 vote of each house.
Administrative powers
- "Take care that the laws be faithfully executed" , regardless of any personal feelings about these laws.

- supervise executive branch of government.

- nominate federal officials as provided for by congress, subject to agreement of the majority of the State.

- Can remove top officials, subject to agreement of majority of the Senate.

- request written opinions of administrative officials.

- fill administrative vacancies during congressional recesses.
Budgetary powers
prepare an annual budget for presentation to Congress.
Judicial powers
- grant reprieves, commutations, and pardons for federal offenses (except impeachment).

-nominate federal judges, who are confirmed by a majority of the Senate.
National Security powers
- serve as commander-in-chief of the Armed Forces.

- make treaties with other nations, subject to the agreement of two-thirds of the Senate.

- nominate ambassadors, with the agreement of a majority of the Senate.

- receive ambassadors of other nations, thereby conferring diplomatic recognition of other governments.
Executive agreement
A formal but often secret agreement between the president and leaders of other nations that does not require the approval of the senate.

Limitations: No limit to many secret agreements. but are only valid while the president who sign file it is still president.
Executive privilege
Power to keep executive communications confidential

Limitations: emails/calls are confidential like supreme court says communication it needs to be public it will..
Executive order
Directive issued by the president or governor that has the force of law.

Limitations: Constitutional, they can get rid by another executive order (both).
Executive action
Directive issued by the president or governor that does not has the force law.

Limitations: Constitutional
War power
Divided by the Constitutuion as such: congress and president.
According to the Consitutuion, congress has the power to ___ war.
declare
According to the Constitution, the president has the power to ____ war.
wage
War Powers act
The president is limited in the deployment of troops overseas to a 60 day period in peacetime unless congress explicity gives its approval for a longer period.
Can be extended for an extra 30 days to permit withdrawal.
The 60 day period starts when the president makes a part to congress.
VP responsabilities
1. to be ready to take the oath of office in case the president cant
2. preside over the senate
UNDER NO CIRCUMSTANCES CAN THE PRESIDENT FORMALLY REMOVE HIS VP.
former vp= pence
First lady
acts as social host of the White House.
often active in social issues.
by law, immediate members of the president's family cannot be appointed to federal positions.
Bureaucracy
a set of complex hierarchical organizations and their staff that exist to help a chief executive officer carry out his/her duties.
its purpose is to implement laws.
1823: President Andrew Jackson implemented the
spoils system
1881: President James Garfield
assassinated
1883: Pendleton Civil Service Act
> spoils system replaced by the merit system.
10% of bureaucrats are
presidential appointees and the rest are employed through the merit system.
Organizations of the Federal Bureaucracy
created by congress
Departments
- 15 in total
- largest organizations
- report to the president
- each has a unique mission and is organized differently
- each headed by a department secretary.
The heads of ___ act as the president's advisors.
departments
Department of State
created in 1789.
responsible for formulating and executing foreign policy.
secretary: rex tillerson
Department of the Treasury
created in 1789.
responsible for the country's fiscal and monetary needs.
secretary: steven mnuchin
Department of Defense
responsible for all matters relating to the country's military security,
created in 1974, with the merger of the dept. of war, of navy, and the air force.
secretary: james mattis
Department of justice
created in 1870s
represents the us govrnment in legal matters and courts of law.
renders legal advice and opinions upon requesr to the president and department secretaries.
names attorney general: Jack sessions
Department of homeland security
created in 2002
responsible for protecting the american people and their homeland.
includes vast array of agencies from emergency preparedness to immigration.
secretary: kirstjen nielsen
Independent agencies
about 60
report to the president
serve specific groups or work on specific problems
ex: NASA and CIA
Independent regulatory commissions
do not report to the president
designed to regulate people and corporations
decisions subject to judicial review
ex: FDA or FC
Government Corporations
do not report to the president
designed to make money through the sale of services
ex: US postal service.
Process for running for president
step 1:
must win political partys nomination
method used depends on the states political parties.

methods:
1. caucus method
2. open primary
3. closed primary
4. state convention
Caucus method
local party member > delegate > candidate
Open primary election
register voter > delegate > candidate
Closed primary election
register party member > delegate > candidate
State convention
party member > delegate > candidate
In all methods used to vote a person must be ___ in order to participate
registered voter
In order for a presidential candidate to win his/her partys nomination, he/she must receive the support of ___ the delegates and superdelegates/unpledged delegates.
majority
Delegate
is a loyal supporter of a candidate
Superdelegate (democratic party)
longtime party member that can vote for whichever candidate he likes.
Unpledged delegate (republican party)
party member that can vote for whichever candidate he likes.
Step #2 process for running for president
delegates elected in caucuses, primaries or state conventions "officially" vote for the presidencial and vice presidential candidates
lasts 4 days
party also vote on platform and rules.
Independent presidential candiates
how to get their name on ballot depends on the states.
1. nomination by petition
2. pay fee
Step #3 process for running for president
First tuesday, after the first monday in november.
voter > elector > president and VP candidates
an elector is loyal to a party.
this elector in december.
the voter in november.
Republican and democrat presidential candidates are made official during their respective partys __.
convention
# of Electoral College votes of a state
# of US congressional districts + # of US senate seats
Minimum # of Electoral college votes a state can have =
Texas: 38 EC votes
= 36 congressional districts + 2 US senate seats
Total # of Electoral College votes =
1 + 2
= 3
# of Electoral College votes needed in order to win presidency =
435 + 100 = 535
+3 (Washington DC)
-----------
538
The total number of electoral college votes is
435
In proportional allocation, the winner in each US congressional disctrict will get
ONE of the states electoral colege votes. while the winnen in the entire states will get TWO of that state's electoral college votes.
In the winner-take-all system, the winner will get __ of that state's Electoral College votes.
All
What if no presidential candidate gets 270 EC votes?
Decision goes to the US House of Reps.
What if no VP candidate gets 270 EC votes?
Decision goes to the US senate.
Winner take all system
- states that use this system are 48 states and washington DC
- votes are based in the entire state
- in order to win, the candidate must receive plurality of the votes.
If win, the candidates gets ALL of the state's EC votes.
Proportional allocation system
- States that use this are Maine and Nebraska.
- Each US congressional districts represent ONE EC vote.
- In order to win, the candidate must receive plurality of the votes in that state.
- The remaining TWO EC votes are based on the votes in the entire state.
- In order to win, the candidate must receive plurality of the votes.
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