US Executive Branch: Structure, Roles, and Powers

Posted on Dec 13, 2024 in Law & Jurisprudence

Article II of the US Constitution

Section 1

1.2 Outlines how many electors a state can have (Senate + House)

1.3 Describes how electors vote

1.4 States that Congress can determine when electors cast their votes

1.5 Outlines requirements for the US President

1.6 Details what happens when the President and Vice President are ill, resign, or cannot carry out their duties

1.7 Sets the salary for the President

1.8 Stipulates that before becoming President, they must take an oath

Section 2

  • 2.1 The President is Commander in Chief of the Army and Navy of the US and can grant pardons for federal offenses.
  • 2.2 Gives the President the power to make treaties.
  • 2.3 Can make recess appointments.

Section 3

  • 3.1 The President must give a State of the Union address, call Congress back from recess, and “take care that the laws be faithfully executed.”

Section 4

  • 4.1 The President can be impeached.

Presidential Roles

Chief Administrator: Similar to being the CEO of a corporation.

Chief Citizen: Embodies the principles of public service and civic responsibility.

Chief Diplomat: Has the power to negotiate treaties and writes foreign policy.

Chief Executive: Gives broad executive powers, from domestic issues to foreign affairs.

Chief Legislator: The President shapes public policy by setting an agenda.

Chief of Party: The leader of the President’s political party.

Chief of State: The ceremonial head of the government, a symbol of all people.

Commander in Chief: Leader of the US Armed Forces (cannot declare war).

Executive Actions

Executive Orders

Formal documents that are used to manage the operations of the government that are not laws (signed by the President).

Presidential Memoranda

Similar to executive orders, but more like an interoffice memo. A small piece of the process – an instruction to the workers of the executive branch.

Presidential Proclamations

Similar to executive orders, but are more like announcements. (e.g., “Today is a new holiday”).

Two ways to get rid of an executive order:

  1. New executive action (“undoing” it).
  2. Federal courts and the Supreme Court.

Emergency Powers

  • Executive Order 9066
  • Korematsu v. United States
  • Youngstown Sheet and Tube Co. v. Sawyer

Bureaucracy

The bureaucracy is the bulk of the executive branch of the government.

  • About 500 departments.
  • Approximately 3 million employees.
  • The Defense Department has nearly 700,000 employees.

The President can appoint people (Article 2, Section 2) to do work for him (Cabinet).

The greatest periods of growth of the bureaucracy happened during the:

  • Civil War
  • Progressive Era
  • Great Depression

The Cabinet

  • Secretary of State: Foreign affairs.
  • Secretary of the Treasury: Finances, economy.
  • Secretary of Defense: Military, security.
  • Attorney General: Legal matters.
  • Secretary of the Interior: Natural resources.
  • Secretary of Agriculture: Farming, food safety.
  • Secretary of Commerce: Business, trade.
  • Secretary of Labor: Workers’ rights.
  • Secretary of Health and Human Services: Public health.
  • Secretary of Housing and Urban Development: Urban housing.
  • Secretary of Transportation: Infrastructure, transit.
  • Secretary of Energy: Energy policy.
  • Secretary of Education: Schools, education.
  • Secretary of Veterans Affairs: Veteran services.
  • Secretary of Homeland Security: Domestic safety.

Department -> Bureaus -> Divisions

Independent Agencies

Independent Regulatory Agencies and Independent Executive Agencies

Independent: Non-partisan (not elected officials, appointed).

Regulatory: Makes rules.

Executive: Executes activities.

  • National Labor Relations Board
  • Securities and Exchange Commission (Stock Market)
  • National Aeronautics and Space Administration (NASA)
  • Postal Regulatory Commission

Government Corporations

  • USPS
  • Amtrak
  • Tennessee Valley Authority

Agencies are part of a Department

  • US Department of Health and Human Services
    • CDC
    • NIH
    • FDA
    • CMS
    • HRSA
    • SAMHSA
    • IHS

Bureaus and divisions are further subdivisions.

  • HRSA has several bureaus:
    • Bureau of Primary Health Care
    • Bureau of Health Workforce
    • Bureau of HIV/AIDS, Hepatitis, STD, and TB Prevention
  • HRSA’s Bureau of Primary Health Care may have varied divisions based on needs:
    • Community Health Center Program
  • Divisions can be part of agencies or bureaus.

Oregon Executive Branch

  • Governor (Similar to the President)
    • Responsible for appointing heads.
    • Leading departments.
    • Proposes budget.
    • Recommends legislation but cannot be part of the legislative process.
    • Line-item veto (if they don’t like a specific line or item, they can veto that specific part and pass the rest of the bill).
    • Fills positions for judges (even though they are elected).
    • Oregon does not have a Lieutenant Governor (like Vice President).
    • Ties are resolved by a drawing from a hat (pass/fail).
  • Secretary of State
    • Supervisor of the state.
    • Auditor of public accounts.
    • Oversees elections.
    • Responsible for public elections.
    • Interprets and applies state laws.
    • Compiles voters pamphlet.
    • Essentially the CEO of the state.
  • State Treasurer
    • Essentially the CFO of the state.
    • State insurance.
    • School funds.
    • Tax collection.
    • Spending/investment of state money.
  • Attorney General
    • State’s “top cop.”
    • Oversees all law enforcement.
    • Oversees all legal proceedings.
    • A law degree is not required to be elected.

Multnomah County

  • County Chair
  • Board of Commissioners
    • Part of the law-making process.
    • Sets policy.
    • In charge of different bureaus.
  • County Auditor
    • Oversees spending and investing of money.
  • District Attorney
    • Determines if they want to pursue a case.
    • Oversees lawsuits against the county.
  • County Sheriff

Metro

  • President, six regional councilors, and an auditor.
  • Environmental issues.
  • Urban growth boundary.
  • Transportation.
  • Manages large parks and cemeteries.

State -> County -> Metro -> City

City of Portland

  • 1 Mayor
  • 4 Commissioners
  • 1 Auditor
  • + Police