The Executive Branch

The Executive Branch

1. The President
2. The Vice-President
3. The Cabinet
The President: Mode of Election (Indirect
Election)
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: but no Senator or
Representative, or Person holding an Office of
Trust or Profit under the United States, shall be
appointed an Elector.
“Houses of Congress" refers to the two
chambers of the United States Congress:
1.The Senate – Each state has two senators,
totaling 100 members.
2.The House of Representatives – The
number of representatives per state is based
on population, with 435 members in total.
Each state automatically gets 2 votes
(because every state has 2 U.S. Senators).
Since there are 100 Senators + 435
Representatives + 3 votes for
Washington, D.C., the total is 538 electoral
votes. A candidate needs 270 to win the
presidency.
The President: Mode of Election (Indirect
Election)

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 chuse by
Ballot one of them for President;
The President: Mode of Election (Indirect
Election)
and if no Person have a Majority, then from
the five highest on the List the said House
shall in like Manner chuse 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. But if there should remain
two or more who have equal Votes, the
Senate shall chuse from them by Ballot the
Vice President.
Qualifications
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, and been fourteen
Years a Resident within the United States.
(Article II, Section 1)
Emoluments
The President shall, at stated Times,
receive for his Services, a Compensation,
which shall neither be increased nor
diminished during the Period for which he
shall have been elected, and he shall not
receive within that Period any other
Emolument from the United States, or any
of them. (Article II, Section 1)
Emoluments
Compensation of the President
The President shall receive in full for his services during
the term for which he shall have been elected
compensation in the aggregate amount of $400,000 a
year, to be paid monthly, and in addition an expense
allowance of $50,000 to assist in defraying expenses
relating to or resulting from the discharge of his official
duties. Any unused amount of such expense allowance
shall revert to the Treasury pursuant to section 1552 of
title 31, United States Code. No amount of such expense
allowance shall be included in the gross income of the
President. He shall be entitled also to the use of the
furniture and other effects belonging to the United
States and kept in the Executive Residence at the White
House. (Section 102, Title 3, US Code)
Tenure and Re-eligibility
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:
Tenure and Re-eligibility
No person shall be elected to the office of
the President more than twice, and no
person who has held the office of
President, or acted as President, for more
than two years of a term to which some
other person was elected President shall
be elected to the office of the President
more than once.( 22nd Amendment)
Succession to the office of the President
and Vice-President
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, the Same shall devolve on
the Vice-President, and the Congress may by
Law provide for the Case of Removal, Death,
Resignation or Inability, both of the President
and Vice President, declaring what Officer
shall then act as President, and such Officer
shall act accordingly, until the Disability be
removed, or a President shall be elected.
Succession to the office of the President
and Vice-President
SECTION 1. In case of the removal of the
President from office or of his death or
resignation, the Vice President shall
become President.
SECTION 2. Whenever there is a vacancy
in the office of the Vice-President, the
President shall nominate a Vice President
who shall take office upon confirmation by
a majority vote of both Houses of
Congress. (25th Amenment)
Succession to the office of the President
and Vice-President
Vacancy in offices of both President and Vice President;
officers eligible to act
(a)(1) If, by reason of death, resignation, removal from office,
inability, or failure to qualify, there is neither a President nor
Vice President to discharge the powers and duties of the
office of President, then the Speaker of the House of
Representatives shall, upon his resignation as Speaker and as
Representative in Congress, act as President.
(b) If, at the time when under subsection (a) of this section a
Speaker is to begin the discharge of the powers and duties of
the office of President, there is no Speaker, or the Speaker
fails to qualify as Acting President, then the President pro
tempore of the Senate shall, upon his resignation as
President pro tempore and as Senator, act as President.
(Section 19, Title 3, US Code)
Succession to the office of the President
and Vice-President
(d)(1) If, by reason of death, resignation, removal from
office, inability, or failure to qualify, there is no President
pro tempore to act as President under subsection (b) of this
section, then the officer of the United States who is highest
on the following list, and who is not under disability to
discharge the powers and duties of the office of President
shall act as President: 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.
Impeachment of the President
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.
(Article II, Section 4).
The House of Representatives shall chuse
their Speaker and other Officers; and shall
have the sole Power of Impeachment.
(Article I, Section 2)
Impeachment of the President
The Senate shall have the sole Power to
try all Impeachments. When sitting for
that Purpose, they shall be on Oath or
Affirmation. When the President of the
United States is tried the Chief Justice
shall preside: And no Person shall be
convicted without the Concurrence of two
thirds of the Members present. (Article I,
Section 3)
Impeachment of the President
Judgment in Cases of Impeachment shall
not extend further than to removal from
Office, and disqualification to hold and
enjoy any Office of honor, Trust or Profit
under the United States: but the Party
convicted shall nevertheless be liable and
subject to Indictment, Trial, Judgment and
Punishment, according to Law. (Article I,
Section 3)
Powers and Functions of the President

Executive Powers
Legislative Powers
Financial Powers
Judicial Powers
Executive Powers
Head of National Administration
He is the Chief Executive and as such it is his duty to see
that the laws and the treaties are enforced throughout
country.
Appointments
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: but the Congress may
by Law vest the Appointment of such inferior Officers, as
they think proper, in the President alone, in the Courts of
Law, or in the Heads of Departments.
Executive Powers
Dictator in Foreign Relations
Commander-in-Chief / Powers of
Defence
Section 2. The President shall be
Commander in Chief of the Army and Navy
of the United States, and of the Militia of
the several States, when called into the
actual Service of the United States.
Legislative Powers
Veto Power
Messages
Extraordinary Sessions
Executive Order (Delegated
Legislation)
Veto Power
 Regular Veto – The President rejects a bill and sends it
back to Congress with reasons. Congress can override it
with a ⅔ majority in both houses.

 Pocket Veto: A pocket veto is a legislative maneuver in the

United States that allows the President to indirectly veto a
bill. Here's how it works:

 Timing: The President can use a pocket veto only when

Congress adjourns within 10 days of presenting a bill to the
President, and the President has not signed it.
 Effect: Instead of formally vetoing the bill (which would
require sending it back to Congress with objections), the
President simply does not sign it. Since Congress is not in
session to override the veto, the bill does not become law.
 No Override: Unlike a regular veto, a pocket veto cannot be
overridden by Congress because the bill is not returned to
them for reconsideration.
Financial Power
In theory, it is Congress, .which controls
the public purse. In practice, the budget is
prepared under the guidance and
supervision of the President. Of course,
Congress is at liberty to change the badge
proposals, but generally it seldom does it.
Judicial Powers

The President shall have Power to Grant

Reprieves and Pardons for Offences
against the United States, except in Cases
of Impeachment. (Article II, Section 2)
The Vice-President
Elected in with the President in same
manner.
Functions:
The Vice President of the United States
shall be President of the Senate but shall
have no Vote, unless they be equally
divided. (Article I, Section 3)
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, the Same shall devolve on
the Vice-President, and the Congress may by
Law provide for the Case of Removal, Death,
Resignation or Inability, both of the President
and Vice President, declaring what Officer
shall then act as President, and such Officer
shall act accordingly, until the Disability be
removed, or a President shall be elected.
SECTION 1. In case of the removal
of the President from office or of his
death or resignation, the Vice
President shall become President.
The Cabinet of USA
The Cabinet is an advisory body made up of the
heads of the 15 executive departments. Appointed
by the President and confirmed by the Senate, the
members of the Cabinet are often the President's
closest confidants. In addition to running major
federal agencies, they play an important role in the
Presidential line of succession — after the Vice
President, Speaker of the House, and Senate
President pro tempore, the line of succession
continues with the Cabinet offices in the order in
which the departments were created. All the
members of the Cabinet take the title Secretary,
excepting the head of the Justice Department, who is
styled Attorney General.
The Cabinet of USA
Department of and Urban Development
Agriculture Department of the
Department of Interior
Commerce Department of Justice
Department of Defense Department of Labor
Department of Department of State
Education Department of
Department of Energy Transportation
Department of Health Department of the
and Human Services Treasury
Department of Department of Veterans
Homeland Security Affairs
Department of Housing