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The Executive Branch: The Powers of the President

(Lecture Notes from Mr. Kersey's 8th Grade U.S. History Class)

Much of the content here is taken directly from Ben's Guide to Government for Kids. This is an absolutely great resource for students.

The President

  • 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.

National Security Powers

  • Serves as the Commander-in-Chief of the armed forces.
  • He can authorize the use of troops overseas without declaring war.
  • Can launch nuclear weapons.

Foreign Policy

  • Serves as our Head of State.
  • 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.

Legislative Powers

  • Presents information on the state of the union to Congress.
  • Recommends legislation to Congress.
  • He can propose a bill (an idea for a law), but a member of Congress must submit it for him.
  • Convenes both houses of Congress in special sessions.
  • Approves laws passed by Congress. More on this in a bit…
  • The President can issue an executive order, which has the force of law.

Judicial Powers

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

Role in Creating Laws

  • When both Houses of Congress approve a bill, they send it to the President.
  • If he likes it, he signs the bill and it becomes a law.
  • If the President does not like a law he can veto it, or reject it.

Veto!

  • There are two ways the President can veto a bill.
  • First, the President can send the bill back to Congress unsigned.
  • He will also usually send a list of reasons he does not like the bill.
  • The second way the President can veto a bill is with a pocket veto.
  • If he pockets the bill one of two things happen:
    • If Congress is in session, the bill becomes a law anyway
    • If Congress has adjourned, the bill does not become law and the President has used a “pocket veto."

Qualifications

  • To be President, you must be at least 35 years old.
  • You must be a natural born citizen.
  • You must have lived in the U.S. for a total of 14 years.

Terms

  • When elected, the President serves one four year term.
  • The President may be re-elected for another four year term.
  • The President may not serve more than two terms.

The President’s Cabinet

  • The President can’t do everything on his own, so he has a group of people to help him.
  • This group is called his cabinet.
  • Cabinet members are appointed by the President and confirmed by the Senate.
  • The President usually meets with the cabinet weekly.
  • Here’s a list of the Cabinet members.

Line of Succession

  • Should the President become unable to fulfill the duties of office, the Constitution sets out the line of succession for the Presidency.
  • The order is:
    1. The Vice President
    2. Speaker of the House
    3. President pro tempore of the Senate
    4. Secretary of State
    5. Secretary of the Treasury
    6. Secretary of Defense
  • These are followed by the other members of the President’s Cabinet.
  • The Secretary of Homeland Security is currently last, but this has not yet been set by law.