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Ben's Guide to the U.S. Government: Executive Branch
When the delegates to the Constitutional Convention created the executive branch of government, they gave the president a limited term of office to lead the government. This was very different from any form of government in Europe and caused much debate. The delegates were afraid of what too much power in the hands of one person might lead to. In the end, with a system of checks and balances included in the Constitution, a single president to manage the executive branch of government was adopted. The executive branch of the Government is responsible for enforcing the laws of the land. When George Washington was president, people recognized that one person could not carry out the duties of the President without advice and assistance. The Vice President, department heads (Cabinet members), and heads of independent agencies assist in this capacity. Unlike the powers of the President, their responsibilities are not defined in the Constitution but each has special powers and functions.

President: Leader of the country and Commander in Chief of the military. Vice President: President of the Senate and becomes President if the President is unable to serve. Departments: Department heads advise the President on policy issues and help execute those policies. Independent Agencies: Help execute policy or provide special services.

The President of the United States

The President is the head of the Executive Branch. The powers of the President of the United States are set forth in Article II of the Constitution. Some of these powers the President can exercise in his own right, without formal legislative approval. Others require the consent of the Senate or Congress as a whole. The following is a list of duties of the President of the United States: National Security Powers:

Legislative Powers:

Serves as the Commander-in-Chief of the armed forces. He can authorize the use of troops overseas without declaring war. To declare war officially, though, he must get the approval of the Congress. Makes treaties with other nations; however, the Senate must approve any treaty before it becomes official. Nominates ambassadors, with the agreement of a majority of the Senate. Receives ambassadors of other nations, thereby recognizing those lands as official countries.

Presents information on the state of the union to Congress. Recommends legislation to Congress. Despite all of his power, the President cannot write bills. He can propose a bill, but a member of Congress must submit it for him. Convenes both houses of Congress in special sessions. Approves laws passed by Congress.

Administrative Powers:

Judicial Powers:

"Take care that the laws be faithfully executed" -- Article II, Section 3 Appoints the heads of each Executive Branch department as Chief of the Government. He also appoints ambassadors, Supreme Court Justices, and other officials, with the agreement of the majority of the Senate. Requests written opinions of administrative officials. Fills administrative vacancies during congressional recesses.

Grants reprieves and pardons for Federal crimes (except impeachment). Appoints Federal judges, with the agreement of the majority of the Senate.

The President's Lawmaking Role The President plays a large role in making America's laws. His job is to approve the laws that Congress creates. When both chambers have approved a bill, they send it to the President. If he agrees with the law, he signs it and the law goes into effect.

If the President does not like a bill, he can veto it. There are two ways that he can veto a bill. First, the President can send the bill back to Congress unsigned. In most cases, he will also send a list of reasons he does not like the bill. Second, the President can "pocket" the bill. After ten days, one of two things happens: 1) if Congress is in session, the bill becomes a law anyway 2) if Congress has adjourned, the bill does not become law and the President has used a "pocket veto". When the President vetoes a bill, it will most likely never become a law. Congress can override a veto, but to do so two-thirds of both the House of Representatives and the Senate must vote against the President. Despite all of his power, the President cannot write bills. He can propose a bill, but a member of Congress must submit it for him. Presidential Qualifications and Term Limit Because he has so much responsibility, the President, along with the Vice-President, is the only official elected by the entire country. Not just anyone can be President, though. 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. The most one President can serve is two terms, for a total of eight years. Before 1951, the President could serve for as many terms as he wanted. After two terms as President, George Washington chose not to run again. All other Presidents followed his example until Franklin D. Roosevelt successfully ran for office four times. He, however, did not complete his fourth term of office because he died in 1945. Six years later, Congress passed the 22nd Amendment, which limits Presidents to two terms. GPO and the President The U.S. Government Printing Office (GPO) publishes a wide variety of materials for the President. For example, when the White House releases the President's speeches, proclamations, and other presidential materials, they are published in theWeekly Compilation of Presidential Documents, which is available on GPO Access.

The President of the United States: Legislative Powers

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 Presidents 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 Presidents 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 Presidents success in working with Congress. The Presidents 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.

The President of the United States: Requirements and Term

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. NOTE: Before 1951, the President could serve as many terms as he wanted. However, every President had followed George Washingtons example of stepping down after two terms. Franklin D. Roosevelt broke with tradition. Roosevelt successfully ran for office four times. Early in his fourth term, in 1945, he died. Six years later, Congress passed the 22nd Amendment, which limits Presidents to two terms. 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.

he President's Budget
Each year, the Federal Government spends trillions of dollars to carry out is responsibilities. It is a long and complicated process that begins with the creation and submission to Congress of the President's proposed spending plan for the Federal Government in the coming fiscal year. The documents containing the President's plan is known as the Budget of the U.S. Government. The President's Budget is basically a series of goals with price tags attached. It allows the President to provide a suggested spending framework to Congress for use in deciding (1) how much money to spend, (2) what to spend it on, and (3) how to raise the money they have decided to spend. According to the Budget and Accounting Act of 1921, the President must annually submit a budget to Congress by the first Monday in February. In addition to the proposed spending plan, the President's Budget must show:

The condition of the Treasury at the end of the last completed fiscal year. The estimated condition of the Treasury at the end of the current fiscal year. The estimated condition of the Treasury at the end of the next fiscal year if the budget proposals are carried out.

The Office of Management and Budget (OMB) assists the President in the creation of the President's Budget by gathering data from agencies and compiling it into the final plan to be approved by the President. As part of this process, OMB also studies Government services in detail and then recommends changes to the President intended to increase the economy and efficiency of Government operations. The process of creating the President's Budget starts about a year before it is due to be submitted to Congress. It begins with the development of the President's an overall budget strategy in the spring and by summer Federal agencies submit their budget estimates based on that strategy. During the fall, the estimates provided by the agencies are reviewed by OMB and by the winter, the President's budget is reviewed, finalized, and submitted to Congress as required.

Note: As soon as it is completed, the U.S. Government Printing Office works with the Office of Management and Budget to print the President's Budget for its submission to Congress. GPO also makes the President's Budget available to the public through its dissemination programs in both print and electronic formats. The people can freely access it online via GPO Access or at a local Federal depository library, or even buy their own printed copy through GPO's Sales Program. The Budget is one of the most popular items printed by GPO. Every year, people line up in front of the GPO bookstore entrance for the press distribution. It even makes the TV news. The online version of the President's Budget may be found at: http://www.gpoaccess.gov/usbudget.
Congress and the Budget According to the Constitution, all Federal appropriations must be authorized by Congress. This is a source of great power for Congress known as the "power of the purse". Once the President's Budget is received by Congress, the House of Representatives works to create a budget resolution, which sets the base line level of spending for the Federal Government as required by the Congressional Budget and Impoundment Control Act of 1974. Once this bottom line is established, Congress acts to decide how this level of funding will be dispersed among Federal activities. This is an simplified explanation of the Budget. More detail is provided in A Citizen's Guide to the Federal Budget on GPO Access.

The President's Cabinet

The purpose of the Cabinet is to advise the President on matters relating to the duties of their respective offices. As the President's closest and most trusted advisors, members of the Cabinet attend weekly meetings with the President. The Constitution does not directly mention a "Cabinet," but the Constitutional authority for a Cabinet is found in Article II, Section 2. The Constitution states that the President "may require the opinion, in writing of the principle officer in each of the executive departments, upon any subject relating to the duties of their respective offices." The Constitution does not say which or how many executive departments should be created. Who makes up the Cabinet? The Cabinet traditionally includes the Vice President and the heads of 15 executive departments-the Secretaries of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs, and the Attorney General. Cabinet-level rank has also been given to the Administrator of the Environmental Protection Agency; the Director of the Office of Management and Budget; the Director of the National Drug Control Policy; the Assistant to the President for Homeland Security; and the U.S. Trade Representative. When requested by the President, other officials are asked to attend these weekly meetings including, the President's Chief of Staff, the Director of the Central Intelligence Agency, the Chairman of the Council of Economic Advisors, the Counselor to the President, the Director of the Federal Emergency Management Agency, the Administrator of the Small Business Administration, and the U.S. Representative to the United Nations. How does one become a member of the Cabinet? The 15 Secretaries from the executive departments are appointed by the President, and they must be confirmed by a majority vote (51 votes) of the Senate. They cannot be a member of Congress or hold any other elected office. Cabinet appointments are for the duration of the administration, but the President may dismiss any member at any time, without approval of the Senate. In addition, they are expected to resign when a new President takes office. The following is a list of the current heads of the 15 executive department agencies, their department, when that department was created, and a brief description of the department from the United States Government Manual. The list is organized by order of succession. More information about each department can be found in the United States Government Manual on GPO Access. Clicking on the name of the department will take you to that department's Web site.
State | Treasury | Defense | Justice | Interior | Agriculture | Commerce | Labor | Health & Human Services Housing & Urban Development | Transportation | Energy | Education | Veterans Affairs | Homeland Security

Secretary of State Department of State (1789): The Department of State advises the President in the formulation and execution of foreign policy and promotes the long-range security and well-being of the United States. The Department determines and analyzes the facts relating to American overseas interests, makes recommendations on policy and future action, and takes the necessary steps to carry out established policy. In so doing, the Department engages in continuous consultations with the American public, the Congress, other U.S. departments and agencies, and foreign governments; negotiates treaties and agreements with foreign nations; speaks for the United States in the United Nations and other international organizations in which the United States participates; and represents the United States at international conferences. The Secretary of State is responsible for the overall direction, coordination, and supervision of U.S. foreign relations and for the interdepartmental activities of the U.S. Government abroad. The Secretary is the first-ranking member of the Cabinet, is a member of the National Security Council, and is in charge of the operations of the Department, including the Foreign Service.
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Secretary of the Treasury Department of the Treasury (1789): The Department of the Treasury performs four basic functions: formulating and recommending economic, financial, tax, and fiscal policies; serving as financial agent for the U.S. Government; enforcing the law; and manufacturing coins and currency. As a major policy adviser to the President, the Secretary of the Treasury has primary responsibility for formulating and recommending domestic and international financial, economic, and tax policy; participating in the formulation of broad fiscal policies that have general significance for the economy; and managing the public debt. The Secretary also oversees the activities of the Department in carrying out its major law enforcement responsibility; in serving as the financial agent for the U.S. Government; and in manufacturing coins, currency, and other products for customer agencies. The Secretary also serves as the Government's chief financial officer.
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Secretary of Defense Department of Defense (1947): The Department of Defense is responsible for providing the military forces needed to deter war and protect the security of our country. The major elements of these forces are the Army, Navy, Marine Corps, and Air Force, consisting of about 1.4 million men and women on active duty. They are backed, in case of emergency, by the 1 million members of the Reserve and National Guard. In addition, there are about 700,000 civilian employees in the Defense Department. Under the President, who is also Commander-in-Chief, the Secretary of Defense exercises authority, direction, and control over the Department, which includes the separately organized military departments of Army, Navy, and Air Force, the Joint Chiefs of Staff providing military advice, the unified combatant commands, and various defense agencies established for specific purposes.
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Attorney General Department of Justice (1870): As the largest law firm in the Nation, the Department of Justice serves as counsel for its citizens. It represents them in enforcing the law in the public interest. Through its thousands of lawyers, investigators, and agents, the Department plays the key role in protection against criminals and subversion, in ensuring healthy competition of business in our free enterprise system, in safeguarding the consumer, and in enforcing drug, immigration, and naturalization laws. The affairs and activities of the Department of Justice are generally directed by the Attorney General. The Attorney General represents the United States in legal matters generally and gives advice and opinions to the President and to the heads of the executive departments of the Government when so requested. The Attorney General appears in person to represent the Government before the U.S. Supreme Court in cases of exceptional gravity or importance.
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Secretary of the Interior Department of the Interior (1849): The mission of the Department of the Interior is to protect and provide access to our Nation's natural and cultural heritage and honor our trust responsibilities to tribes. The Department manages the Nation's public lands and minerals, national parks, national wildlife refuges, and western water resources and upholds Federal trust responsibilities to Indian tribes. It is responsible for migratory wildlife conservation; historic preservation; endangered species; surface-mined lands protection and restoration; mapping; and geological, hydrological, and biological science. The Secretary of the Interior reports directly to the President and is responsible for the direction and supervision of all operations and activities of the Department.
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Secretary of Agriculture Department of Agriculture (1862): The Department of Agriculture works to improve and maintain farm income and to develop and expand markets abroad for agricultural products. The Department helps to curb and to cure poverty, hunger, and malnutrition. It works to enhance the environment and to maintain production capacity by helping landowners protect the soil, water, forests, and other natural resources. Rural development, credit, and conservation programs are key resources for carrying out national growth policies. Department research findings directly or indirectly benefit all Americans. The Department, through inspection and grading services, safeguards and ensures standards of quality in the daily food supply. The Secretary of Agriculture reports directly to the President and is responsible for the direction and supervision of all operations and activities of the Department.
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Secretary of Commerce Department of Commerce (1903): The Department of Commerce encourages, serves, and promotes the Nation's international trade, economic growth, and technological advancement. The Department provides a wide variety of programs through the competitive free enterprise system. It offers assistance and information to increase America's competitiveness in the world economy; administers programs to prevent unfair foreign trade competition; provides social and economic statistics and analyses for business and government planners; provides research and support for the increased use of scientific, engineering, and technological development; works to improve our understanding and benefits of the Earth's physical environment and oceanic resources; grants patents and registers trademarks; develops policies and conducts researsch on telecommunications; provides assistance to promote domestic economic development; and assists in the growth of minority businesses. The Secretary of Commerce is responsible for the administration of all functions and authorities assigned to the Department of Commerce and for advising the President on Federal policy and programs affecting the industrial and commercial segments of the national economy.
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Secretary of Labor Department of Labor (1913): The purpose of the Department of Labor is to foster, promote, and develop the welfare of the wage earners of the United States, to improve their working conditions, and to advance their opportunities for profitable employment. In carrying out this mission, the Department administers a variety of Federal labor laws guaranteeing workers' rights to safe and healthful working conditions, a minimum hourly wage and overtime pay, freedom from employment discrimination, unemployment insurance, and workers' compensation. The department also protects workers' pension rights; provides for job training programs; helps workers find jobs; works to strengthen free collective bargaining; and keeps track of changes in employment, prices, and other national economic measurements. As the Department seeks to assist all Americans who need and want to work, special efforts are made to meet the unique job market problems of older workers, youths, minority group members, women, the handicapped, and other groups. The Secretary of Labor is the principal adviser to the President on the development and execution of policies and the administration and enforcement of laws relating to wage earners, their working conditions, and their employment opportunities.
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Secretary of Health & Human Services Department of Health and Human Services (1953): The Department of Health and Human Services is the Cabinet-level department of the Federal executive branch most involved with the Nation's human concerns. In one way or another, it touches the lives of more Americans than any other Federal agency. It is literally a department of people serving people, from newborn infants to persons requiring health services to our most elderly citizens. The Secretary of Health and Human Services advises the President on health, welfare, and income security plans, policies, and programs of the Federal Government; and directs Department staff in carrying out the approved programs and activities of the Department and promotes general public understanding of the Department's goals, programs, and objectives.
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Secretary of Housing & Development Department of Housing and Urban Development (1965): The Department of Housing and Urban Development is the principal Federal agency responsible for programs concerned with the Nation's housing needs, fair housing opportunities, and improvement and development of the Nation's communities. The Department of Houseing and Urban Development was created to: administer the principal programs that provide assistance for housing and for the development of the Nation's communities; encourage the solution of housing and community development problems through States and localities; and encourage the maximum contributions that may be made by vigorous private homebuilding and mortgage lending industries, both primary and secondary, to housing, community development, and the national economy.

The Secretary of Housing and Urban Develepment formulates recommendations for basic policies in the fields of housing and community development; encourages private enterprise participation in housing and community development; promotes the growth of cities and States and the efficient and effective use of housing and community and economic development resources by stimulating private sector initiatives, public/private sector partnerships, and public entrepreneurship; ensures equal access to housing and affirmatively prevents discrimination in housing; and provides general oversight for the Federal National Mortgage Association.
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Secretary of Transportation Department of Transportation (1966): The U.S. Department of Transportation establishes the Nation's overall transportation policy. Under its umbrella there are 10 administrations whose jurisdictions include highway planning, development, and construction; urban mass transit; railroads; aviation; and the safety of waterways, ports, highways, and oil and gas pipelines. Decisions made by the Department in conjunction with the appropriate State and local officials strongly affect other programs such as land planning, energy conservation, scarce resource utilization, and technological change.The Department of Transportation was established ``to assure the coordinated, effective administration of the transportation programs of the Federal Government'' and to develop ``national transportation policies and programs conducive to the provision of fast, safe, efficient, and convenient transportation at the lowest cost consistent therewith.'' Secretary The Department of Transportation is administered by the Secretary of Transportation, who is the principal adviser to the President in all matters relating to Federal transportation programs.
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Secretary of Energy Department of Energy (1977): The Department of Energy, in partnership with its customers, is entrusted to contribute to the welfare of the Nation by providing the technical information and the scientific and educational foundation for the technology, policy, and institutional leadership necessary to achieve efficiency in energy use, diversity in energy sources, a more productive and competitive economy, improved environmental quality, and a secure national defense. The Secretary of Energy decides major energy policy and planning issues; acts as the principal spokesperson for the Department; and ensures the effective communication and working relationships with Federal, State, local, and tribal governments and the public. The Secretary is the principal adviser to the President on energy policies, plans, and programs.
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Secretary of Education Department of Education(1979): The Department of Education establishes policy for, administers, and coordinates most Federal assistance to education. Its mission is to ensure equal access to education and to promote educational excellence throughout the Nation. The Secretary of Education advises the President on education plans, policies, and programs of the Federal Government and serves as the chief executive officer of the Department, coordinating and overseeing all Department activities, providing support and encouragement to States and localities on matters related to education, and focusing the resources of the Department and the attention of the country on ensuring equal access to education and promoting educational excellence throughout the Nation.
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Secretary of Veterans Affairs Department of Veterans Affairs(1988): The Department of Veterans Affairs operates programs to benefit veterans and members of their families. Benefits include compensation payments for disabilities

or death related to military service; pensions; education and rehabilitation; home loan guaranty; burial; and a medical care program incorporating nursing homes, clinics, and medical centers. The Department is comprised of three organizations that administer veterans programs: the Veterans Health Administration, the Veterans Benefits Administration, and the National Cemetery Administration. Each organization has field facilities and a central office component. The Secretary of Veterans Affairs reports directly to the President and is responsible for the direction and supervision of all operations and activities of the Department.

Secretary of Homeland Security Department of Homeland Security (2003): Worksto prevent terrorist attacks within the United States, reduce America's vulnerability to terrorism, and minimize the damage from potential attacks and natural disasters.

Order of Succession
According to the Presidential Succession Act of 1947, if the President of the United States is incapacitated, dies, resigns, is for any reason unable to hold his office, or is removed from office (impeached and convicted), people in the following offices, in this order, will assume the office of the President, provided they are qualified as stated by the Constitution to assume the office of the President, which means they have to be must be at least 35 years old, must be a natural-born U.S. citizen, and have lived in the U.S. for at least 14 years.

Vice President Speaker of the House President Pro Tempore of the Senate Secretary of State Secretary of the Treasury Secretary of Defense Attorney General Secretary of the Interior Secretary of Agriculture Secretary of Commerce Secretary of Labor Secretary of Health and Human Services Secretary of Housing and Urban Development Secretary of Transportation Secretary of Energy Secretary of Education Secretary of Veterans Affairs Secretary of Homeland Security

The 25th Amendment of the U.S. Constitution, passed in 1967, provides for procedures to fill vacancies in the Vice Presidency; further clarifies presidential succession rules.