CHAPTER 8

THE EXECUTIVE BRANCH

The executive power shall be vested in a President of the United States of America. He
shall hold is office during the term of four years . . . together with the Vice President.

(U.S. Constitution, Art. II, Sec. 1)

The executive branch of the American government as provided for by the Founding Fathers
was less developed and weaker than today. These days the Executive is much larger and includes,
among others, executive departments and independent agencies. The President and the Vice President
supervise and coordinate the whole administration (in the U.S.A. the word “government” refers to all
branches of power, whereas “administration” denotes the executive branch, e.g. “Clinton
administration” or “Bush administration”). They also remain the only members of the executive
branch who are elected by the nation. The other most important officials are appointed by the
President and approved of by the Senate. The rest of the posts are filled in by the Office of Personnel
Management, which organizes examinations to choose the most competent candidates.

The first U.S. President – George Washington – performed his duties from New York, which
at that time was the seat of the government. Still, he inspired the legislators to look for a new location.
They wanted the federal institutions to be situated in a place that would not be the territory of any of
the existing states. Therefore, the states of Maryland and Virginia ceded part of their land for the
country’s capital. This ten-square-mile federal enclave, created from the part offered by Maryland only
(the Virginia sector being reverted to its parent state) was given the name of Washington, District of
Columbia. The name of the city (located where the Potomac and Anacostia Rivers come together) was
chosen to honor the first American President. In fact, he was the only President not discharging his
duties from the new capital.
PRESIDENTIAL INAUGURATION
Today the President and Vice President’s term starts on January 20. This date was fixed by
20th Amendment, making Franklin D. Roosevelt the first President inaugurated on this day in 1937.
Earlier inaugurations were held on March 4. The only President to take the oath of office on yet
another day was George Washington, who was sworn in on April 30, 1789. Still, he began
discharging his duties as President on March 4 that same year.

The duly elected President-elect is sworn in at noon on January 20. However, if this day
happens to be a Sunday, he takes the oath in a private ceremony and the public ceremony is postponed
until noon the following day.

The ceremony itself has undergone various modifications over the centuries (in fact, before a
new President is to take the oath of office a special committee is formed to arrange for the ceremony).
Most inaugurations took place at Capitol Hill (Thomas Jefferson was the first President to be sworn
in there), but in the past East Front of Capitol was chosen. Ronald Reagan moved the inaugurals to
the West Front and all Presidents that followed him upheld this tradition. Inaugurals gather thousands
of spectators and many of those who hold most important offices in the country. Among them are also
former Presidents, who are invited to this ceremony as distinguished guests.

Since 1937 Vice Presidents take the oath of office at the same platform as Presidents. Before
that day Vice Presidents were inaugurated separately in the Senate chamber and the oath was
administered by the President pro tempore of the Senate. During the 2001 Inauguration Dick Cheney
was sworn in first. For the first time since Nelson Rockefeller in 1974, the Chief Justice of the U.S.
Supreme Court administered the oath, which is the same as the oath taken by all Members of Congress
or other public officials:
I [name] do solemnly swear (or affirm) that I will support and defend the Constitution of
the United States against all enemies foreign and domestic; that I will bear true allegiance
to the same; that I take this obligation freely, without any mental reservation or purpose
of evasion; and that I will well and faithfully discharge the duties of the office on which I
am about to enter. So help me God.1
Next George W. Bush was sworn in as 43rd President of the United States. According to the
tradition going back to John Adams, the Chief Justice administered the Presidential oath of office,
whose words were included in the Constitution:
I [name] do solemnly swear (or affirm) that I will faithfully execute the Office of the
President of the United States, and will to the best of my ability, preserve, protect and
defend the Constitution of the United States. (Art. II, Sec. 1, Clause 8)
George Washington, when inaugurated, added to the oath the phrase: “So help me God” and
since that time every President finishes the oath with these words. After the oath, the newly sworn-in
President gives the Inaugural Address – his first speech as the President of the United States.

PRESIDENT

Qualifications

As the Supreme Law of the Land states, a person wishing to become the President of the
United States must be a natural born American citizen, be at least 35 years old and must have lived in
the U.S.A. for the minimum of 14 years prior to the election to office.

Although there are no other formal requirements to be fulfilled by the candidates, WASPs –
White Anglo-Saxon Protestants are more likely to be elected, which shows how the majority of the
American society perceives the ideal leader of the nation. Even though the Constitution does not
forbid it, no women, representatives of ethnic minorities or followers of non-Christian religions have
ever been elected President.

Term of office

1
cf. “Members”, in Member FAQs, Office of the Clerk, U.S. House of Representatives, 25 March 2003,
<http://clerk.house.gov/members/memFAQ.php>.
 Presidents are elected for the term of four years and may be reelected to office only once.
Although in the past there were no formal provisions limiting the number of terms to two, Congress
prevented any President from serving more than twice. Franklin D. Roosevelt, with his three
reelections, was the first to break the pattern. After his death during the fourth term, Congress passed
22nd Amendment, which allows a person to be elected President twice. Also no person may serve
more than 10 years. Such situation may occur when the Vice President replaces the President. If it
lasts for more than two years, this person is entitled to run for Presidency only once.

Constitutional powers of the President

The President, being at the same time the Head of State and the Head of the Executive, has
duties which in many countries are performed by two people, for example the Queen and the Prime
Minister in Britain, the President and the Prime Minister in Poland or the President and the Chancellor
in Germany.

As the Head of State the U.S. President:

 is the leader of the nation,

 formulates foreign policy of the United States,
 decides whether to recognize new nations and governments,
 represents the country abroad – meeting other Heads of State and Heads of the Executive,
 negotiates and signs treaties with foreign nation, which are then subject to the Senate’s ratification,
 nominates U.S. ambassadors, consuls, federal judges and other public officials,
 receives ambassadors of foreign nations to the U.S.A.,
 exercises the function of the Commander in Chief of the Armed Forces,
 declares national emergencies,
 grants reprieves and pardons for offences against the U.S.A., except for impeachment cases,
 convenes one or both chambers of Congress on extraordinary occasions,
 adjourns Congress if both chambers cannot agree on the time of adjournment,
 gives to Congress information on the State of the Union (annual State of the Union Address),
 signs or vetoes bills,
As the Head of the Executive the President:

 determines the U.S. domestic policy,

 proposes budget legislation to Congress and is in charge of its execution,
 manages the work of the federal government,
 supervises the execution of laws made by Congress,
 nominates heads of Executive Departments and independent executive agencies,
 proposes legislation,
The President is also the leader of his party; however, his influence on the party is biggest
during elections. When he is discharging his duties in the White House, his control of the party policy
is limited to the executive branch only. His fellow party members in Congress are primarily interested
in supervising his actions as President in order to ensure the separation of powers. When it goes down
to choosing between loyalty to the leader of the party, who happens to be the President, and loyalty to
the Constitution, the latter may be more important.

Implied powers of the President

 In the course of history Presidency has developed new tools to effectively manage the country.
The legal devices provided for by the Founding Fathers proved to be insufficient for the demands of a
contemporary democratic state. Yet, the system of Constitutional checks and balances imposed certain
limitations on the growth of Presidential powers. However, the former Presidents by broad
interpretation of the Constitution (in many cases confirmed by Acts of Congress or Supreme Court
rulings) managed to increase their scope of competence, thus creating the model of the strongest
Presidency in the world.

The most frequently used extra-constitutional devices are:

 executive agreement – this tool is used when the President wants to conclude an agreement with a
foreign nation without the supervision of the Senate. For the countries involved, this document has
the same legal consequences as a treaty but does not require the ratification by the Senate. In the
past Presidents did not even inform Congress that such agreements had been concluded (e.g. the
agreement with the government of South Vietnam starting the U.S. military intervention). In 1972
Congress passed the Case Act, which gives the President 60 days to inform the Senate about any
executive agreement signed. The act did not limit Presidential power to conclude such agreements
nor did it empower Congress to abolish them; however it allowed the legislative assembly to
evaluate any executive agreement and, in case it was not approved of, to deny giving money
necessary to put it into effect.2
 executive privilege – there are two aspects of this tool. The first refers to the President’s
immunity from ordinary legal proceedings. Until Clinton’s term it was understood that the
President was immune from legal actions in both civil and criminal cases. Yet, the Supreme Court
ruling that Clinton may be sued by Paula Jones set a precedent for the future, as it allowed for
taking a civil action against the President and making him testify. The second aspect concerns the
Presidential right to secrecy of information. If he decides that revealing certain facts could be
dangerous for the “national security”, he may conceal them from the public and even from
Congress. Still, in the case United States v. Nixon the Supreme Court stated that “executive
privilege is not absolute. Where a President asserts only a generalized need for confidentiality, the
privilege must yield to the interests of the government and defendants in a criminal prosecution.”3
It means that in such a situation the President is required to submit all necessary documents.
 executive order – this is a Presidential directive that has the force of law without prior approval
by Congress. This is one of implied Presidential powers anticipated by the Founding Fathers, who
agreed with Locke that the President must be free to establish laws in order to deal with emergency
situations. Therefore in the past Presidents, e.g. Abraham Lincoln, Franklin D. Roosevelt, or
Richard M. Nixon, used this tool to declare emergencies such as wars or economic crises (the
longest state of emergency in the U.S.A. lasted from 1933 until 1975) 4, as only this gave them the
right to disregard Congress in the policymaking process. In certain policy areas Congress delegates
its legislative authority to the President, who then issues executive orders to regulate a given
matter when the existing statutes are not effective, as “Congress often leaves considerable leeway
to the executive branch to carry out laws it enacts. ”5 Sometimes Presidents interpret this authority
too broadly and their executive orders change the meaning of the legislation, such actions being
criticized by Congress afraid of losing its Constitutional powers. Naturally, Congress challenges
such orders by passing legislation repealing them (which is not always successful as the President
may veto the bill). First limitations on Presidential executive orders were introduced in 1946 by
the Administrative Procedures Act, according to which all executive orders must be numbered

2
cf. “Case Act on Executive Agreements (1972),” Prentice Hall Documents Library, 18 April 2003,
<http://cwx.prenhall.com/bookbind/pubbooks/dye4/medialib/ docs/caseact.htm>.
3
Michael C. Dorf, “A Brief History of Executive Privilege, from George Washington through Dick Cheney,” 6
February 2002, FindLaw, 18 April 2003, <http://writ.news.findlaw.com/dorf/20020206.html>.
4
Tanya L. Green, J.D. “Executive Orders: A Blueprint for Dictatorship?”, 30 March 2000, Concerned Women
For America, 18 April 2003, <http://www.lafalce.com/library/misc/1999-12_pp_eo-dictator.shtml>.
5
FAQs ?????
 and their text published in the Federal Register (if the order concerns national security, only the
number is given). Then the National Emergencies Act of 1976, apart from maintaining the
provisions of the aforementioned Act, set the conditions for introducing the state of emergency by
Presidents: the President must prove what statutes entitle him to declare an emergency and
immediately send the text of his proclamation to Congress. Additionally, it provided procedures
for the termination of such an emergency. Since then several attempts at limiting President’s
power to make use of executive agreements have been made, 6 yet due to the terrorist attacks of
September 11, 2001 Congress postponed the consideration of these measures.
 impoundment – this is a device allowing the President to change the budget legislation, even
though it is Congress that is responsible for the final shape of such bills. The practice of
impoundment consists in transferring money appropriated by Congress between projects or
agencies, if the President considers it to be necessary. The Congressional Budget and
Impoundment Control Act of 1974, however, was an attempt at strengthening the role of
Congress in working out of the budget. It also confirmed Presidential impoundment authority and
distinguished between two types of such procedures: rescission and deferral. Rescission is a
permanent cancellation by the President of certain budgetary programs and requires Congressional
consent. On the contrary, a deferral does not cancel a program but only postpones its
implementation until the President decides to carry it out, or Congress rejects the deferral.7
 military intervention – although it is Congress that declares wars, past Presidents – as the
Commander in Chief – often engaged U.S. troops in military actions abroad without consultation
with the legislative body. This right was limited by the War Powers Act of 1973, which requires
the President to consult with Congress any use of U.S. Armed Forces. The President may start the
military action when he thinks it is appropriate and “shall submit within 48 hours to the Speaker of
the House of Representatives and to the President pro tempore of the Senate a report, in writing,
setting forth: (A) the circumstances necessitating the introduction of the United States Armed
Forces; (B) the constitutional and legislative authority under which such introduction took place;
and (C) the estimated scope and duration of the hostilities or involvement.” (Public Law 93-148,
Sec. 4a). The military intervention must be ended within 60 days after the report has been sent to
Congress, if it “(1) has declared war . . . ; (2) has extended . . . the sixty-day period, or (3) is
physically unable to meet as a result of an armed attack upon the United States.” (Public Law 93-
148, sec. 5b)
 patronage system – also known as spoils system, is the practice of awarding jobs in the federal
government to the most loyal and trusted party members, which was used extensively by party
bosses after the Civil War. Newly elected Presidents used to dismiss all the executive appointees
of their predecessor and employ their own party workers as a reward for their loyalty. When doing
so they did not consult the Senate stating that the Constitution did not require it; in fact the
Supreme Court confirmed this claim in 1926 stating that “since the President has the power to
appoint officers, the President also should have the power to remove them. ”8 In order to eradicate
corruption the Pendleton Act of 1883 was passed. The idea was to make a list of classified offices,
which had to be filled by choosing candidates through an examination by the Civil Service
Commission. The Civil Service Reform Act of 1978 dissolved the CSC and created the Office of

6
The most radical proposal, known as the Separation of Powers Restoration Act, was presented by
Representative Ron Paul in 1999. The resolution (meant to repeal the War Powers Act of 1973) calls for the
termination of all existing national emergencies, denies the President the right to declare states of national
emergency (Congress alone should have this power), announces all executive orders not authorized by Congress
devoid of legal force and even makes it possible to sue such Presidential directives which infringe on citizens'
and states' liberties (cf. Rep. Ron Paul, The Separation of Powers Restoration Act H. R. 2655, 30 July 1999, U.S.
House of Representatives, 20 April 2003, <http://www.house.gov/paul/legis/106/hr2655.htm>).
7
“The Congressional Budget and Impoundment Control Act of 1974”, U.S. House of Representatives, 18 April
2003, <http://www.house.gov/rules/jcoc2y.htm>.
8
Gerald W. Johnson, “President of the United States”, New Book Of Knowledge 2000, in The American
Presidency Online, Grolier Online, 18 April 2003, <http://gi.grolier.com/presidents/nbk/side/pofus.html>.
 Personnel Management responsible for the so-called federal merit system in order to employ
the best-qualified applicants irrespective of their race, religion, sex or political views. About 90%
of all federal jobs are filled in this way, the rest being Presidential appointments. If the Senate is in
session, these appointments are subject to the chamber’s approval. However, if the Senate is in
recess, the President is entitled to fill in any vacancy without consultation. The terms of his
appointees expire at the end of the next session of Congress (Art. II, Sec. 2, Clause 3). This means
that a person appointed during the first session of a Congress will serve until the end of its second
session, whereas a person appointed during the second session of one Congress will be in office
until the end of the first session of the next Congress. When the terms of so-appointed officials
expire, their further appointment is possible only after confirmation by the Senate.

Salary and other benefits

The U.S. President’s annual salary amounts to $400,000. Additionally he receives $50,000 for
expenses and $100,000 for travel expenses. The retired Presidents are also entitled to a high state
pension. The present and retired Presidents and their families are protected by the Secret Service
agents.

The official residence of the President of the United States is located at 1600 Pennsylvania
Avenue in Washington D.C. In the past it was officially referred to as the “President’s House”, the
“President’s Palace” or the “Executive Mansion”, but the press, as early as in the 1810, used the name
the White House (from the color of its walls). This name was officially adopted by Theodore
Roosevelt in 1901.9 Today, the term “White House” has two meanings. The first one describes the
building itself – the family house of the President and his family, as well as the place where he
discharges his official duties. The other refers to the President and his staff, and is often used by the
media. The most important room in the White House is the Oval Office, which is located in the West
Wing of the White House together with other offices such as the Cabinet Room and the Vice
President’s Office. In the Oval Office the President meets foreign diplomats or his advisors; it is from
here that he gives his televised addresses to the nation on important occasions.

A place serving as the President’s summer residence lies in Maryland’s Catoctin Mountains. It
was first used by Franklin D. Roosevelt, who called it Shangri-La. Later Dwight Eisenhower named it
Camp David after his grandson. This residence offers the President and his family peace and quiet
away from Washington. Often it is used to host foreign heads of state or government or to hold
important international negotiations like the Camp David Agreements of 1978 concerning the peace
in Middle East.

When traveling, the President and his staff may use one of the two specially adjusted Boeing
747-200B with the designation VC-25A. The machines provide working and resting facilities for the
First Family, staff members and guests. The Presidential aircraft is often referred to as Air Force
One from its radio call sign (in fact, any other Air Force plane uses this radio call sign when the
President is on board).10 On shorter distances the President may also use one of the HMX-1
helicopters. HMX-1 stands for Marine Helicopter Squadron One established in 1947. Whenever the
President is on board, the machine bears the Marine One radio call signal.11

Order of Presidential succession

9
Jurczyński, p. 301.
10
“Air Force One,” White House, 20 April 2003, <http://www.whitehouse.gov/whmo/af1.html>.
11
“Marine Helicopter Squadron One,” White House, 20 April 2003,
<http://www.whitehouse.gov/whmo/hmx1.html>.
 As mentioned before, the Constitution states that if the President dies, resigns or is impeached
the Vice President should replace him. When the office of the Vice President becomes vacant, the
President has to fill it in.

The Constitution also authorized Congress to appoint a person of their choice to act as
President in case both the President and the Vice President at the same moment die or are unable to
discharge their duties. Therefore Congress passed the Presidential Succession Act of 1947, stating
the respective order of officers to replace the President, should the unthinkable happen:
1. Vice President
2. Speaker of the House of Representatives
3. President pro tempore
4. Secretary of State
5. Secretary of the Treasury
6. Secretary of Defense
7. Attorney General
8. Secretary of the Interior
9. Secretary of Agriculture
10. Secretary of Commerce
11. Secretary of Labor
12. Secretary of Health and Human Services
13. Secretary of Housing and Urban Development
14. Secretary of Transportation
15. Secretary of Energy
16. Secretary of Education
17. Secretary for Veterans’ Affairs
If any of the above persons fails to be a natural-born American, he would be disqualified.
LIST OF PRESIDENTS OF THE UNITED STATES
1.George Washington 1789 – 1797
2.John Adams 1797 – 1801
3.Thomas Jefferson 1801 – 1809
4.James Madison 1809 – 1817
5.James Monroe 1817 – 1825
6.John Quincy Adams 1825 – 1829
7.Andrew Jackson 1829 – 1837
8.Martin Van Buren 1837 – 1841
9.William H. Harrison 1841
10. John Tyler 1841 – 1845
11. James K. Polk 1845 – 1849
12. Zachary Taylor 1849 – 1850
13. Millard Fillmore 1850 – 1853
14. Franklin Pierce 1853 – 1857
15. James Buchanan 1857 – 1861
16. Abraham Lincoln 1861 – 1865
17. Andrew Johnson 1865 – 1869
18. Ulysses S. Grant 1869 – 1877
19. Rutherford B. Hayes 1877 – 1881
20. James A. Garfield 1881
21. Chester A. Arthur 1881 – 1885
22. Grover Cleveland 1885 – 1889
23. Benjamin Harrison 1889 – 1893
24. Grover Cleveland 1893 – 1897
25. William McKinley 1897 – 1901
 26. Theodore Roosevelt 1901 – 1909
27. William H. Taft 1909 – 1913
28. Woodrow Wilson 1913 – 1921
29. Warren G. Harding 1921 – 1923
30. Calvin Coolidge 1923 – 1929
31. Herbert C. Hoover 1929 – 1933
32. Franklin D. Roosevelt 1933 – 1945
33. Harry S. Truman 1945 – 1953
34. Dwight D. Eisenhower 1953 – 1961
35. John F. Kennedy 1961 – 1963
36. Lyndon B. Johnson 1963 – 1969
37. Richard M. Nixon 1969 – 1974
38. Gerald R. Ford 1974 – 1977
39. Jimmy Carter 1977 – 1981
40. Ronald Reagan 1981 – 1989
41. George Bush 1989 – 1992
42. Bill Clinton 1993 – 2001
43. George W. Bush 2001 – 2009
44. Barrack Obama 2009 – 2017
45. Donald Trump 2017 -
Eight Presidents died while they were discharging their duties: William H. Harrison, Zachary Taylor,
Abraham Lincoln, James A. Garfield, William McKinley, Warren G. Harding, Franklin D. Roosevelt
and John F. Kennedy. Four of them were assassinated: Lincoln, Garfield, McKinley and Kennedy.

VICE PRESIDENT

Evolution of the office of the Vice President

“[The] Constitution’s framers created the Vice Presidency almost as an afterthought,”12 and
their only aim seems to have been the provision of a successor “in case of the removal of the President
from office, or of his death, resignation, or inability to discharge the powers and duties of the said
office.” (Art. II, Sec, 1, Clause 6). Apart from this, the Founding Fathers mentioned only one more
duty for the Vice President: he “shall be President of the Senate, but shall have no vote unless they be
equally divided” (Art. I, Sec. 3, Clause 4). No wonder why Benjamin Franklin once called the Vice
President “His Superfluous Excellency.”13 The actual scope of competence of this office has always
depended on the President’s willingness to delegate some of his powers and duties to the Vice
President.

Until 1950s Vice Presidents’ primary business was presiding over debates in the Senate, which
they attended regularly. They had their office in the Capitol building and were rarely invited to cabinet
meetings or assigned other executive activities.

In the early years of the Union, the method of electing these two public officials (voting for
them on one ballot) had big impact on their relationship. They were political opponents, as the one
12
“The Vice President of the United States (President of the Senate),” U.S. Senate, 28 March 2003,
<http://www.senate.gov/artandhistory/history/common/briefing/Vice_President.htm>.
13
Bailey, Kennedy, p. 142.
who obtained majority of electoral votes became President; the other was elected Vice President. It
was easy to predict that under such circumstances Presidents were unwilling to share their power.

After 12th Amendment allowed for separate election of those two officials by the Electoral
College, in most cases it was the party, not the Presidential candidate, that nominated the running
mate. Sometimes those nominations were even protested by Presidential nominees, which made the
cooperation of the two officals difficult. Therefore, the role of Vice Presidency evolved slowly.

The first Vice President to move his office to the White House was Richard Nixon, which
indicated that he was more interested in the executive tasks than his predecessors. Nixon chose to
appear in the Senate only occasionally, when his presence was necessary. The next Vice Presidents
followed this pattern and gradually became more involved in the activities of the executive branch. It
was possible thanks to the change of Presidents’ attitude towards their Vice Presidents. The main
reason for this was the fact that after the Second World War the Presidential candidates were given the
freedom to choose their running mates by themselves. Then, the main criterion became competence
and compatibility, even though Vice Presidents often represent a different party faction, thus balancing
the ticket. This is how Vice Presidency in the 20th century shifted from legislative position to
primarily executive post.

Vice President’s powers and duties

Contemporary Vice Presidents have a great number of assignments. These fall into two
following categories.
1. Constitutional functions:
 becoming the President in case of death, resignation or impeachment of his predecessor,
 serving as Acting President in case the President is temporarily unable to discharge his duties,
 presiding over debates in the Senate and casting a vote in case of a tie,
 opening and confirming Presidential and Vice Presidential Electoral College ballots as well as
supervising their counting at a joint session of the Senate and the House of Representatives,
2. Executive functions:
 representing the administration on the Capitol,
 helping the President in managing the Executive,
 acting as Presidential advisor,
 serving as Chairman of various executive agencies, (e.g. the National Security Council),
 chairing special agencies and commissions (e.g. the National Aeronautics and Space
Administration),
 representing his country abroad – missions to foreign nations.

Qualifications and the term of office

Although the requirements for the Vice President are not clearly stated in the Constitution, it is
assumed that his qualifications should be the same as those for the office of the President.

The Vice President serves four years and his term expires together with the one of the
President. In case the President can no longer perform his duties, Vice President is sworn in as his
successor. He then appoints a person of his choice to fill the vacant post, after which both chambers of
Congress accept the nominee by a majority vote. It was made possible thanks to 25th Amendment
ratified in 1967. Before then, if a Vice President took over President’s duties, no one was nominated in
his place until next election filled the vacancy. “That happened 16 times in U.S. history. The last
instance was when Vice President Lyndon Johnson became President after John Kennedy’s
assassination in 1963.”14 The amendment clearly states, however, that in the case of a disease or
temporal disability of the President the Vice President becomes only the Acting President

25th Amendment seemed necessary especially in the Cold War era, when the country could
not afford being left without a leader, should anything happen to the newly sworn-in President. It
proved useful twice soon after its ratification. In 1973 Nixon’s Vice President Spiro Agnew resigned
and the President appointed Gerald Ford as Agnew’s successor. In 1974 Nixon himself resigned, in
this way avoiding removal from office by impeachment, and Ford became President. Using his
prerogatives Ford appointed Nelson Rockefeller as Vice President.

Interestingly enough, until 1841 it was assumed that the Vice President taking over the
President’s office after his death should serve only as Acting President. The first Vice President to
change the interpretation of the Constitution was John Tyler, who after William H. Harrison’s death
took the Presidential oath (and his much higher salary). This set a precedent which later became a part
of the Constitution (the 25th Amendment).

Salary and other benefits

The Vice President’s basic annual salary is equal to $79,125 and $10,000 for expenses plus
cost-of-living adjustment determined by the President. The Vice President and his family are also
protected by the Secret Service.

There are several offices at the Vice President’s disposal: one in the Capitol, one in the West
Wing of the White House and one in the Eisenhower Executive Office Building (located near the West
Wing of the White House) called the Vice President’s Ceremonial Office. He uses his Ceremonial
Office for official meetings and interviews.15

Since 1975 the official residence of the Vice President has been the Naval Observatory located
in the northwest section of Washington D.C.
EXECUTIVE DEPARTMENTS
The Founding Fathers themselves realized that the President would not have been able to
govern the country without help. Thus, they included the following passage in the Constitution: “The
President . . . 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.” (Art. II, Sec. 2, Clause
1).

George Washington made use of this provision and appointed the first heads of executive
departments: Secretary of State, Secretary of Treasury and Secretary of War. That was the beginning
of the evolution of the Presidential Cabinet.

As the territory and population of the U.S.A. grew, so did the administration and the Cabinet.
Over the years Presidents created new departments and, at the moment of writing there are 14 of them.
Congress must confirm their establishment by statute and is also entitled to abolish them (see checks
14
C-SPAN’s Capitol Questions, 8 March 2001, C-SPAN, 30 March 2003, <http://www.c-
span.org/questions/week185.asp>.
15
“Vice President's Ceremonial Office,” White House, 20 April 2003,
<http://www.whitehouse.gov/vicepresident/ovp.html>.
and balances system). Heads of all departments constitute the Cabinet, which is entirely a customary
body. As Richard C. Schroeder wrote in his book “Cabinets are what any particular President makes
them. Some Presidents have relied heavily on them for advice, others lightly, and some few have
largely ignored them. Whether or not a Cabinet member acts as an advisor, he retains the
responsibility for directing the activities of the government in specific areas of concern.”16

The Cabinet meets in the Cabinet Room at the White House and often also the Vice
President, the U.S. ambassador to the United Nations and other executive officials are invited to those
meetings. Because of the separation of powers Cabinet officers are not members of Congress, they
report only to the President and may be dismissed by him at any time. “Cabinet officers are expected
to resign when a President leaves office, since it is customary for incoming Presidents to choose their
own.”17

Structure of the executive branch

 Executive Office of President (EOP) 18 – was created by Franklin D. Roosevelt in 1939 and
authorized by Congress. At present it consists of:
1. White House – the President’s most trusted assistants and advisors,
2. the Cabinet,
3. Council of Economic Advisers,
4. Council on Environmental Quality,
5. Domestic Policy Council,
6. National economic Council,
7. National Security Council (NSC),
8. Office of Administration,
9. Office of Faith-Based and Community Initiatives,
10.Office of Global Communications,
11.Office of Management and Budget (OMB),
12.Office of National AIDS Policy,
13.Office of National Drug Control Policy,
14.Office of Science and Technology Policy,
15.Office of United States Trade Representatives,
16.President’s Foreign Intelligence Advisory Board,
17.White House Military Office.
 Executive Departments:19
1. Department of State (DOS) – is responsible for: foreign relations, U.S. security interests,
protection of foreign trade and American citizens abroad; additionally it: assists in negotiation
and enforcement of treaties and agreements with foreign nations, offers advice on recognition of
foreign nations and governments, issues passport to U.S. citizens, grants visas to foreign
citizens, offers non-military help to foreign nations; DOS is in charge of the Great Seal of the
United States; its Secretary is the official to whom the President and Vice President submit their
resignations.

Outline of American Government, p. 35.

16

James Adams Eichner, “Cabinet”, New Book of Knowledge 2000, in The American Presidency Online, Grolier
17

Online, 20 April 2003, <http://gi.grolier.com/presidents/nbk/side/cabinet.html>.

18
source: “Executive Office of the President,” The U.S. Government's Official Web Portal, 30 June 2003,
<http://www.firstgov.gov/Agencies/Federal/Executive/EOP.shtml>.
19
cf. Schroeder, p. 35.
 2. Department of the Treasury – is in charge of U.S. financial affairs: collecting taxes, issuing
bonds, paying national debts, overseeing the issue of money; additionally it: submits reports to
the President and Congress concerning financial standing of the government and the country,
supervises the Secret Service (responsible for the protection of Presidents, Vice Presidents and
their families).
3. Department of Defense (DOD) – is divided into further three departments: Army, Navy and
Air Force; it is responsible for all matters concerning security of the U.S.A. and civil control of
the armed forces.
4. Department of Justice (DOJ) – represents the U.S. in all legal cases, provides legal assistance
to the President and the Cabinet, ensures the observance of federal laws.
5. Department of Homeland Security (DHS) – coordinates U.S. defense against terrorist attacks;
gathers and analyzes intelligence; protects borders, airports and infrastructure; controls imports
and customs services; offers natural disaster assistance; supervises immigration and citizenship
issues.20
6. Department of the Interior (DOI) – concentrates on: environmental protection, natural
resources preservation, welfare and education of Indians living on reservations; additionally is
responsible for: all public lands, national parks, monuments and land reclamation projects.
7. Department of Agriculture (DOA) – promotes the use of proper agricultural techniques and
soil protection, controls agricultural production, coordinates trading of agricultural produce in
order to ensure stable prices.
8. Department of Commerce (DOC) – is responsible for: promotion of U.S. industry and
commerce, stimulation of export, protection of patents; additionally it conducts the decennial
census and other social and economic surveys, issues weather forecasts and
9. Department of Labor (DOL) – takes care of: the well-being of the labor force, working
conditions and good relationships between employers and employees.
10.Department of Health and Human Services (HHS) – coordinates social services, carries out
social security programs, supports hospitals, sponsors medical research, approves new
medicines, and runs nutrition programs.
11.Department of Housing and Urban Development (HUD) – is responsible for: public housing,
urban development plans, improvement of family housing.
12.Department of Transportation (DOT) – is responsible for road, rail, sea and air transportation.
13.Department of Energy – is responsible for: national energy plan, research and development of
energy technology, regulation of the production and use of energy, and the nuclear weapons
program.
14. Department of Education – is in charge of educational policy, coordinates teaching standards
and programs.
15. Department of Veterans’ Affairs (VA).
Apart from the above mentioned departments, the executive branch comprises:

 Independent Agencies and Government Corporations

 Boards, Commissions and Committees
 Quasi-Official Agencies

20
cf. “Building a Secure Homeland,” U.S. Department of Homeland Security, 30 June 2003,
<http://www.dhs.gov/dhspublic/theme_home1.jsp>.