The Executive Branch of the Federal Government

Purpose, Process, and People

Britannica Educational Publishing, Brian Duignan

• Publisher: Britannica Educational Publishing
• Year: 2009
• ISBN:
  9781615300662
• Topic: Politics & International Relations
• Subtopic: American Government
• Index: Politics & International Relations

The founders of the Constitution created the office of the President to be the Chief Executive of the United States, as well as an important figure the nation could turn to. This book covers the role and duties of the executive in the office of President, describing how those duties have changed and evolved throughout the history of the United States. There is also plenty of helpful information detailing the complicated election process, from the caucus to the Electoral College, helping to educate a new generation of voters about their impact on electing the next executive officer.

Chapter 1 The Role of the Executive

In his Politics, the ancient Greek philosopher Aristotle distinguished among three kinds of governmental activity: the decisions of leaders or other officials, the deliberations of citizens concerning their common affairs, and the legal rulings of the courts. This threefold classification is not precisely the same as the modern distinction among the executive, legislative, and judicial functions of government. In modern states, the executive functions include formulating and directing the domestic and foreign policies of the government; the legislative functions include creating laws and (in many countries) selecting government leaders, appropriating funds, and ratifying treaties and appointments; and the judicial functions include deciding controversies over the application of the law and (in many countries) issuing authoritative interpretations of the law and determining whether existing laws or the acts of government institutions are constitutionally valid. Another difference between Aristotle’s classification and the practice of modern states is that Aristotle intended to make only a theoretical distinction among governmental functions—he stopped short of recommending that they be assigned as powers to separate institutions or branches of government. The first person to advocate the separation of governmental powers among executive, legislative, and judicial branches was the 17th-century French political theorist Montesquieu. After Montesquieu, the concept of separation of powers became one of the principal doctrines of modern constitutionalism. Nearly all modern constitutions, from the U.S. Constitution (1787) through the French Declaration of the Rights of Man and of the Citizen (1789) up to the constitutions of the postcolonial states founded in Africa and Asia in the mid-20th century provide for the separate establishment of an executive, a legislature, and a judiciary.

An important feature of constitutional government is that the functions assigned to the different branches ensure that political power is shared among them. In the U.S. system, for example, the different branches share some of the same powers insofar as each branch is able to prevent certain actions by the others—e.g., the president (the chief executive) may veto, or reject, legislation passed by Congress, the legislative branch of the federal government; the Senate (one of the two chambers of Congress, the other being the House of Representatives) may reject treaties and certain appointments made by the president; and the courts may invalidate laws passed by Congress or certain acts by the president or by executive agencies. In parliamentary forms of government such as that of the United Kingdom, power is shared through an even greater integration of the functions and even the personnel of the executive and the legislature. In the nonconstitutional systems of totalitarian or dictatorial countries, in contrast, although there may be separate institutions such as legislatures, executives, and judiciaries, power is not shared but rather concentrated in a single institution. Because this body is not subject to the checks of shared power, the exercise of political power is uncontrolled or absolute.

THE POLITICAL EXECUTIVE

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Political executives are government officials who participate in the formulation and direction of government policy. They include not only heads of state and government leaders—presidents, prime ministers, premiers, chancellors, and other chief executives—but also many secondary figures, such as cabinet members and ministers, councillors, and agency heads. In the United States and other large industrialized countries there are several thousand political executives, including the president, dozens of political appointees in the cabinet departments, in the agencies, in the commissions, and in the White House staff, and hundreds of senior civil servants.

The crucial element in the organization of a national executive is the role assigned to the chief executive. In presidential systems, such as in the United States, the president is both the political head of the government and also the ceremonial head of state. In parliamentary systems, such as that of the United Kingdom, the prime minister is the national political leader, but another figure, a monarch or elected president, serves as the head of state. In mixed presidential–parliamentary systems, such as that established in France under the Fifth Republic’s constitution of 1958, the president serves as head of state but also wields important political powers, including the appointment of a prime minister and cabinet to serve as the government.

The manner in which the chief executive is elected or selected is often decisive in shaping his role in the political system. Thus, although he receives his seals of office from the monarch, the effective election of a British prime minister usually occurs in a private conclave of the leading members of his party in Parliament. Elected to Parliament from only one of nearly 650 constituencies, he is tied to the fortunes of the legislative majority that he leads. In contrast, the American president is elected by a nationwide electorate, and, although he leads his party’s ticket, his fortunes are independent of his party. Even when the opposition party controls the Congress, his fixed term and his independent base of power allow him considerable freedom to manoeuvre. These contrasts explain many of the differences in the roles of the two chief executives. The British prime minister invariably has served for many years in Parliament and has developed skills in debate and in political negotiation. His major political tasks are the designation of the other members of the cabinet, the direction of parliamentary strategy, and the retention of the loyalty of a substantial majority of his legislative party. The presidential chief executive, on the other hand, often lacks prior legislative and even national-governmental experience, and his main concern is with the cultivation of a majority in the electorate through the leadership of public opinion. Of course, since the president must have a legislative program and often cannot depend on the support of a congressional majority, he may also need the skills of a legislative strategist and negotiator.

Another important area of contrast between different national executives concerns their role in executing and administering the law. In the U.S. presidential system, the personnel of the executive branch are constitutionally separated from the personnel of Congress: no executive officeholder may seek election to either house of Congress, and no member of Congress may hold executive office. In parliamentary systems the political management of government ministries is placed in the hands of the party leadership in parliament. In the U.S. system the president often appoints to cabinet positions persons who have had little prior experience in politics, and may even appoint members of the opposition party. In the British system, cabinet appointments are made to consolidate the prime minister’s personal ascendancy within the parliamentary party or to placate its different factions. Thus in the U.S. system the cabinet is responsible to the president, whereas in the British system it is responsible to the majority or governing party in Parliament. These differences extend even further into the character of the two systems of administration and the role played by civil servants. In the U.S. system a change in administration is accompanied by the exodus of a very large number of top government executives—the political appointees who play the vital part in shaping day-to-day policy in all the departments and agencies of the national government. In Britain, when political control of the House of Commons changes, only the ministers, their parliamentary secretaries, and one or two other top political aids are replaced. For all practical purposes, the ministries remain intact and continue under the supervision of permanent civil servants.

PRESIDENTIAL SYSTEMS OF GOVERNMENT

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The basic features of the U.S. presidency noted above are part of what distinguishes presidential systems of government from other systems. By definition, in a presidential system the president must originate from outside the legislative authority. In most countries such presidents are elected directly by the citizens, though separation of origin can also be ensured through an electoral college (as in the United States), provided that legislators cannot also serve as electors. Second, the president serves simultaneously as head of government and head of state; he is empowered to select cabinet ministers, who are responsible to him and not to the legislative majority. And third, the president has some constitutionally guaranteed legislative authority: for example, the U.S. president signs into law or vetoes bills passed by Congress, though Congress may override a presidential veto with a two-thirds majority vote in both houses.

In presidential systems the president holds power for a fixed term of office, and his authority does not depend on the strength of his party in the legislature. In many such systems the president may be removed from office only through impeachment—in the United States this requires a vote of impeachment by a majority of the House of Representatives followed by conviction by a two-thirds majority vote of the Senate. Government officials may also be impeached in the British system; in Britain the House of Commons acts as prosecutor and the House of Lords as judge in an impeachment proceeding. Whereas in Britain conviction on an impeachment has resulted in fines, imprisonment, and even execution, in the United States the penalties extend no further than removal and disqualification from office. In the United States the impeachment process has rarely been employed, largely because it is so cumbersome. It can occupy Congress for a lengthy period of time and involve conflicting and troublesome political pressures. Repeated attempts by Congress to amend the procedure, however, have been unsuccessful, partly because impeachment is regarded as an integral part of the system of checks and balances in the U.S. government.

Presidential systems may differ in important respects from the U.S. model. In terms of constitutional provisions, the most important variation is in the powers that the constitution delegates to the president. In contrast to the requirement that Congress needs a supermajority to override a presidential veto in the United States, for example, in some countries (e.g., Brazil and Colombia) a presidential veto may be overridden by a simple majority. Many presidential constitutions (e.g., those in Argentina, Brazil, Colombia, and Russia) explicitly give the president the authority to introduce new laws by decree, thereby bypassing the legislature, though typically the legislature can rescind such laws after the fact.

THE PRESIDENCY OF THE UNITED STATES

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DUTIES OF THE OFFICE

The presidency is the chief executive office of the United States. The president is vested with great authority and is arguably the most powerful elected official in the world.

The Constitution succinctly defines presidential functions, powers, and responsibilities. The president’s chief duty is to make sure that the laws are faithfully executed, and this duty is performed through an elaborate system of executive agencies that includes cabinet-level departments. Presidents appoint all cabinet heads and most other high-ranking officials of the executive branch of the federal government. They also nominate all judges of the federal judiciary, including the members of the Supreme Court. Their appointments to executive and judicial posts must be approved by a majority of the Senate. The Senate usually confirms these appointments, though it occasionally rejects a nominee to whom a majority of members have strong objections. The president is also the commander in chief of the country’s military and has unlimited authority to direct the movements of land, sea, and air forces. The president has the power to make treaties with foreign governments, though the Senate must approve such treaties by a two-thirds majority. The president has the power to sign into law or veto bills passed by Congress, though Congress can override the president’s veto by summoning a two-thirds majority in favour of the measure. In practice, presidential powers have expanded to include drafting legislation, formulating foreign policy, conducting personal diplomacy, and leading the president’s political party. By virtue of the Twenty-second Amendment (1951), the president is elected to two terms of office.

PRIMARY DOCUMENT: THE CONSTITUTION OF THE UNITED STATES: ARTICLE II

Section 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the vice-president, chosen for the same term, be elected as follows:

Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the Congress.

The electors shall meet in their respective states and vote by ballot for two persons. And they shall make a list of all the persons voted for and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the Senate. The president of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said house shall in like manner choose the President. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the vice-president.

No person except a natural-born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years.

Section 2. The President shall be commander in chief of the Army and Navy of the United States. He 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. And he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States whose appointments are not herein otherwise provided for, and which shall be established by law.

Section 3. He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient.

Section 4. The President, vice-president, and all civil officers of the United States shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

HISTORICAL DEVELOPMENT OF THE PRESIDENCY

In North America the title of president was first used for the chief magistrate of some of the British colonies. These colonial presidents were always associated with a colonial council to which they were elected, and the title of president carried over to the heads of some of the state governments (e.g., Delaware and Pennsylvania) that were organized after the start of the American Revolution in 1776. The title “President of the United States” was originally applied to the officer who presided over sessions of the Continental Congress and of the Congress established under the Articles of Confederation (1781–89). In 1787–88 the framers of the new country’s Constitution created the vastly more powerful office of the presidency of the United States. The president was vested with a variety of duties and powers, including negotiating treaties with foreign governments, signing into law or vetoing legislation passed by Congress, appointing high-ranking members of the executive branch and all judges of the federal judiciary, and serving as commander in chief of the armed forces.

The nation’s founders originally intended the presidency to be a narrowly restricted institution. They distrusted executive authority because their experience with colonial governors had led them to believe that executive power was inimical to liberty and that a strong executive was incompatible with the republicanism embraced in the Declaration of Independence (1776). And of course, they felt betrayed by the actions of George III, the king of Great Britain and Ireland. Accordingly, their revolutionary state constitutions provided for only nominal executive branches, and the Articles of Confederation (1781–89), the first “national” constitution, established no executive branch.

Until agreement on the electoral college, most executive powers, including the conduct of foreign relations, were held by the Senate. The delegates hastily shifted powers to the executive, and the result was ambiguous. Article II, Section 1, of the Constitution of the United States begins with a simple declarative statement: “The executive Power shall be vested in a President of the United States of America.” The phrasing can be read as a blanket grant of power, an interpretation that is buttressed when the language is compared with the qualified language of Article I: “All legislative Powers herein granted shall be vested in a Congress of the United States.”

This loose construction, however, is mitigated in two important ways. First, Article II itemizes, in sections 2 and 3, certain presidential powers, including those of commander in chief of the armed forces, appointment making, treaty making, receiving ambassadors, and calling Congress into special session. Had the first article’s section been intended as an open-ended authorization, such subsequent specifications would have made no sense. Second, a sizable array of powers traditionally associated with the executive, including the power to declare war, issue letters of marque and reprisal, and coin and borrow money, were given to Congress, not the president, and the power to make appointments and treaties was shared between the president and the Senate.

The delegates could leave the subject ambiguous because of their understanding that George Washington (1789–97) would be selected as the first president. They deliberately left blanks in Ar...

Table of contents

• Cover Page
• Title Page
• Copyright Page
• Contents
• Introduction
• Chapter 1: The Role of the Executive
• Chapter 2: Presidents of the United States: George Washington to William McKinley
• Chapter 3: Presidents of the United States: Theodore Roosevelt to Barack Obama
• Appendix: Tables
• Glossary
• For Further Reading
• Index