What is the Executive Branch?

(Overview)
A question of power Someone has to be in charge and make decisions, but how much freedom and power should that person have? Should it even be one person? At the Constitutional Convention of 1787 in Philadelphia, the Virginia Plan had proposed three branches of government: legislative, judicial, and executive. As with many other issues, however, ideas varied widely about the executive role. Proposals ranged from an executive branch composed of more than one person to Alexander Hamilton's idea of a near-king: a powerful president for life who could block any law. Most framers of the U.S. Constitution knew the country would never accept a president with king-like powers, but what was the right amount of power for the president to hold? As Gouverneur Morris of Pennsylvania put it, "It is the most difficult of all, rightly to balance the Executive. Make him too weak: the Legislature will usurp his power. Make him too strong: he will usurp on the Legislature." President's power Revisions and compromises addressed those problems to create the executive as a powerful branch of government led by a single individual but still checked by other government branches. As the commander in chief, the president may order military action, but the power to declare war was given to Congress. As the enforcer of laws, the president may recommend and veto legislation, but Congress may override a veto. As the head of state, the president conducts diplomacy with foreign nations but must receive congressional approval for treaties. In addition to the legislative branch, the actions of the president are also subject to the review of the U.S. Supreme Court, which interprets national laws and the constitution. In recent years, the presidency has experienced a broadening of executive powers, which has led to friction with the other branches of government. In 1998, the Supreme Court overturned Congress's approval of the line item veto, which allowed President Bill Clinton to approve and reject specific parts of a bill. The Court determined that Congress did not have the authority to grant such power to the president unless it approved a constitutional amendment. After the 2006 midterm elections, President George W. Bush often came into conflict with the Democraticcontrolled Congress over funding and management of the Iraq War. Established by the Bush administration, the military tribunals for detainees at Guantanamo Bay were twice declared unconstitutional by the Supreme Court in 2006 and 2008, despite Congress's approval the system with the Military Commissions Act (2006). Executive branch The executive branch is far more than a single person; it also includes the office of the vice president. According to the constitution, the vice president assumes the powers of the presidency if the president dies or resigns. In addition, the vice president presides over the Senate, where he or she casts the deciding vote when there is a tie. Aside from these two functions, the role of the vice president has varied throughout history. Although some have viewed the office as an inconsequential and ceremonial position (John Nance Garner, vice president to Franklin D. Roosevelt, famously remarked that "The vice presidency isn't worth a pitcher of warm spit"), many vice presidents have served as policy advisers and surrogates for the president on domestic and international matters. Under the Bush administration, Vice

President Dick Cheney played an influential role in developing policies related to national security, the economy, and the environment. Additionally, Cheney experienced a broadening of vice presidential powers, which included the explicit authority to classify informationa responsibility typically reserved for the presidentas stated under Executive Order 13292. Through the growth of law and custom, the executive branch now also consists of many organizations supporting the presidency. Today, the executive branch of the U.S. government includes the president and vice president, their advisory staff, and a wide variety of departments, agencies, and commissions. Departments are not mentioned in the constitution, nor were they created by the executive branch. Congress created them under Article I, Section 8 of the constitution. Some of these organizations, like the Federal Communications Commission and the Federal Reserve System, function independently of the president. The president's cabinet is advisory and serves at the will of the president. Not mandated by the constitution, the cabinet was created by George Washington. Today, the cabinet consists of the heads of 15 major executive departments. The heads of a few other agencies like the Central Intelligence Agency and the National Security Council are also granted cabinet-level status. Such administrative functions as press relations, staff management, and congressional and political communications also take place within the executive branch. Further Reading
Aberbach, Joel D., and Mark A. Peterson. The Executive Branch. New York: University Press, 2005; Dirck, Brian D. The Executive Branch of Federal Government: People, Process, and Politics. Santa Barbara, CA: ABC-CLIO, 2007; Starks, Glenn L., and F. Erik Brooks. How Your Government Really Works: A Topical Encyclopedia of the Federal Government. Santa Barbara, CA: Greenwood, 2008; Vile, John R. The Constitutional Convention of 1787: A Comprehensive Encyclopedia of America's Founding. 2 vols. Santa Barbara, CA: ABC-CLIO, 2005.

Citation
American Government, s.v. "What is the Executive Branch? (Overview)," accessed November 17, 2013. http://americangovernment.abc-clio.com/.