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Executive branch




U.S. President: Article II of the Constitution establishes the Executive branch of Government. The head of the executive branch is the U.S. President, who is both the head of state and head of government. Under him or her is the Vice President and 14 heads of the federal executive departments. They are appointed by the President and confirmed with the “advice and consent” of the U.S. Senate. They form the Cabinet.

The president is the executive and Commander-in-Chief, responsible for controlling the U.S. armed forces and nuclear arsenal.

The president, the Constitution says, must “ take care that the laws be faithfully executed. ” To carry out this responsibility, he presides over the executive branch of the federal government, a vast organization numbering about 4 million people, including 1 million active-duty military personnel. Within the executive branch itself, the president has broad powers to manage national affairs and the workings of the federal government.

The president may veto legislation passed by the Congress; he or she may be impeached by a majority in the House and removed from office by a two-thirds majority in the Senate for “ treason, bribery, or other high crimes and misdemeanors. ” The president may not dissolve the Congress or call special elections, but does have the power to pardon convicted criminals, give executive orders, and (with the consent of the Senate) appoint Supreme Court justices and federal judges. The incumbent President and Vice President are Barack H. Obama and Joe Biden, inaugurated on January 20, 2009.

Requirements to hold office: Section One of Article II of the U.S. Constitution establishes the requirements one must meet in order to become President. The president must be a natural-born citizen of the U.S. (or a citizen of the U.S. at the time the U.S. Constitution was adopted), be at least 35 years of age, and have been a resident of the United States for 14 years.

Under the Constitution, the President serves a four-year term. Amendment 22 (which took effect in 1951 and was first applied to Dwight D. Eisenhower starting in 1953) limits the president to either two four-year terms or a maximum of ten years in office should he have succeeded to the Presidency previously and served less than two years completing his predecessor’s term. Since then, four presidents have served two full terms: Dwight Eisenhower, Ronald Reagan, Bill Clinton and George W. Bush.

Succession: The U.S. presidential line of succession is a detailed list of government officials to serve or act as President upon a vacancy in the office due to death, resignation, or removal from office (by impeachment and conviction). It begins with the Vice President and ends with the Secretary of Veterans Affairs. To date, no officer other than the Vice President has been called upon to act as President.

Presidential elections: U.S. presidential elections are held every 4 years on the first November Tuesday of a leap year. The President and the Vice President are the only two nationally elected officials in the U.S. Presidents are elected indirectly, through the Electoral College. Legislators are elected on a state-by-state basis; other executive officers and judges are appointed.

Many American voters are unaware of the Electoral College ’s role, because they mistakenly believe that they directly elect their president and vice president. In fact, when they cast their ballots for president and vice president, they are voting for officials called electors who are assigned to each presidential candidate. But each state is entitled to a different number of electors which corresponds to the number of Senators and Congressmen from that state in Congress. All in all there are 538 electors; their number is equal to the number of legislators in the U.S. Congress plus 3 electors from Washington, D.C.

Current populous states with the most electors include California, Texas, Florida, New York, and Illinois, Pennsylvania and Ohio; they almost give half of the electors needed. When a candidate wins in these states, he wins the election.

In most U.S. states, the presidential candidate who wins a majority of the popular votes in a state also earns all the votes of the state’s Electoral College members. However, in this method of electing the president, a candidate can win the most Electoral College votes, and thus the presidency, even without winning the most popular votes in the country.

The modern presidential election process begins with the primary elections, during which the major parties (the Democrats and the Republicans) each select a nominee to unite behind; the nominee, in turn, selects a running mate to join him on the ticket as the vice presidential candidate. The two major candidates then face off in the general election; they participate in nationally televised debates before Election Day and campaign across the country to explain their views and plans to the voters. Much of the modern electoral process is concerned with winning swing populous states, through frequent visits and mass media advertising drives.

In accordance with Article II, Section 1, Paragraph 8 of the Constitution, upon entering office, the President must take the following oath or affirmation: “ I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States”. Only presidents Franklin Pierce and Herbert Hoover have chosen to affirm rather than swear. The oath is traditionally ended with, “So help me God,” although for religious reasons some Presidents have said, “ So help me.”

On Inauguration Day, usually January, 20th, following the oath of office, the President customarily delivers an inaugural address which sets the tone for his administration.

The executive departments: The day-to-day enforcement and administration of federal laws is in the hands of 14 executive departments, created by Congress to deal with specific areas of national and international affairs. The Department of Defense, e.g., runs the military services. The Department of Health and Human Services runs programs such as Social Security, Medicare and Medicaid. The State Department advises the President on relations with foreign countries and runs the embassies. In addition, there are a number of independent agencies within the executive branch, for example the Central Intelligence Agency.

The heads of the departments, chosen by the president and approved by the Senate, form a council of advisers generally known as the president’s “ Cabinet. ” The Cabinet is thought to be a part of the executive branch of the U.S. federal government. However, the term “ Cabinet ” does not appear in the U.S. Constitution, where reference is made only to the heads of departments.

As a governmental institution, the Cabinet developed as an advisory body out of the president’s need to consult the heads of the executive departments on matters of federal policy and on problems of administration. Apart from its role as a consultative and advisory body, the Cabinet has no function and wields no executive authority. The president may or may not consult the Cabinet and is not bound by the advice of the Cabinet. Furthermore, the president may seek advice outside the Cabinet; a group of such informal advisers is known in American history as a “kitchen cabinet. ” The formal Cabinet meets at times set by the president, usually once a week.

Because the executive departments of the federal government are equally subordinate to the president, Cabinet officers are of equal rank, but ever since the administration of George Washington, the Secretary of State, who administers foreign policy, has been regarded as the chief Cabinet officer.

Interesting to know: The first president of the United States, George Washington, quickly realized the importance of having a cabinet. Amongst his first acts he persuaded Congress to recognize the departments of Foreign Affairs (of State), Treasury, and War. Unlike contemporary European advisors who were given the title “minister,” the heads of these executive departments were be given the title of “secretary” followed by the name of their department. George Washington’s first Cabinet consisted of Thomas Jefferson as Secretary of State, Alexander Hamilton as Secretary of the Treasury, Henry Knox as Secretary of War, and Edmund Randolph as Attorney General.

Secretary selection process: The 14 Cabinet secretaries are often selected from past and current American governors, senators, representatives, and other political office holders. Private citizens such as businessmen or former military officials are also common Cabinet choices. Because of the strong system of separation of powers, no Cabinet member can simultaneously hold an office in the legislative or judicial branches of government while serving in Cabinet, nor can they hold office in state government. Unlike the parliamentary system of government, Cabinet members are rarely “shuffled,” and it is rare for a Secretary to be moved from one department to another.

The officials in the U.S. Cabinet are strongly subordinate to the President. The main interactions that Cabinet members have with the legislative branch are regular testimonials before Congressional committees to justify their actions, and coordinate executive and legislative policy in their respective fields of jurisdiction.

Cabinet members can be fired by the President or impeached and removed from office by Congress. Commonly, a few Cabinet members may resign before the beginning of a second Presidential term. Usually, all Cabinet members resign shortly after the inauguration of a new President. Rarely, a popular or especially dedicated Cabinet member may be asked to stay, sometimes even serving under a new President of another party.




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