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The executive branch of the Government is responsible for enforcing the laws of the land. Even when George Washington was president, people recognized that one person could not carry out the duties of the President without advice and assistance. The Vice President, department heads (Cabinet members), and heads of independent agencies assist in this capacity. Unlike the powers of the President, their responsibilities are not defined in the Constitution but each has special powers and functions.

• President: Leader of the country and Commander in Chief of the military.
  
• Vice President: President of the Senate and becomes President if the President is unable to serve.
  
• Departments: Department heads advise the President on policy issues and help execute those policies.
  
• Independent Agencies: Help execute policy or provide special services.

The Requirements to be President

The President and the Vice-President are the only officials elected by the entire country. However, there are requirements for holding either of these positions. In order to be elected, one must be at least 35 years old. Also, each candidate must be a natural-born U.S. citizen and have lived in the U.S. for at least 14 years.

When elected, the President serves a term of four years. At most, a President may serve two terms.

NOTE: Before 1951, the President could serve as many terms as he wanted. However, every President had followed George Washington’s example of stepping down after two terms. Franklin D. Roosevelt broke with tradition. Roosevelt successfully ran for office four times. Early in his fourth term, in 1945, he died. Six years later, Congress passed the 22^nd Amendment, which limits Presidents to two terms.

The President can be removed from office through the process of impeachment. If the House of Representatives feel that the President has committed acts of "Treason, Bribery, or other High Crimes and Misdemeanors" they can impeach him with a majority vote. An impeachment is very similar to a legal indictment. It is not a conviction, however, and (surprising to many people) is not enough to remove the President from office alone.

The case then goes to the Senate. Overseen by the Chief Justice of the Supreme Court, the Senate reviews the case and votes whether or not to convict the President. If they vote in favor of conviction by a two-thirds margin, then the President is removed from office.

Legislative powers of the President

Most people view the President as the most powerful and influential person in the United States government. While he does wield a great deal of political might, his effect on the law-making process is limited. Only Congress can write legislation; the President may only recommend it. If he does so, then a member of Congress may introduce the bill for consideration.

Whereas only Congress may create legislation, it is difficult for them to pass a bill without the President’s approval. When Congress passes a bill, they send it to the White House. The President then has three options: sign the bill into law, veto the bill, or do nothing.

When the President signs a bill into law, it immediately goes into effect. At this point, only the Supreme Court can remove the law from the books by declaring it unconstitutional.

When the President vetoes a bill, it does not go into effect. The President vetoes a bill by returning it to Congress unsigned. In most cases, he will also send them an explanation of why he rejected the legislation. Congress can override a presidential veto, but to do so, two-thirds of each chamber must vote in favor of the bill. However, an override does not occur very often.

If the President chooses the third option, doing nothing with the bill, one of two things will occur. If Congress is in session ten business days after the President receives the bill, the legislation will become a law without the President’s signature. However, if Congress adjourns within ten business days of giving the bill to the President, the bill dies. When the President kills a bill in this fashion, it is known as a pocket veto. In this case, Congress can do nothing to override his decision.

The Presidential veto is an extremely powerful tool. Often, to get Congress to reconsider legislation, the President need only threaten to veto a bill if it passes.

However, this power has its limitations. The President may only veto a bill in its entirety; he does not have the power of a line-item veto, which would allow him to strike individual sections of a bill while still passing it. Because of this limitation, the President must often compromise if Congress passes a bill that he agrees with, but attaches a rider that he or she doesn't like.

Compromise, in general, is a crucial aspect to a President’s success in working with Congress. The President’s political party very rarely also controls both houses of Congress. Therefore, the President must work with Senators and Representatives who disagree with his agenda. However, if the President refused to pass any legislation that he disagreed with and Congress behaved similarly, the government would come to a halt. Thus, they must work together to keep the government moving.

In addition, the President relies on the support of the American people to accomplish his goals. The public elects the President and the members of Congress. When the public disapproves of the President, Senators and Representatives will distance themselves with the President and his agenda. If they side with an unpopular President, their constituents might not re-elect them. Thus, if the President loses popular support, he will lose support in Congress and will be unable to get any of his suggested legislation enacted.





The Cabinet

The purpose of the Cabinet is to advise the President on matters relating to the duties of their respective offices. As the President's closest and most trusted advisors, members of the Cabinet attend weekly meetings with the President. The Constitution does not directly mention a "Cabinet," but the Constitutional authority for a Cabinet is found in Article II, Section 2. The Constitution states that the President "may require the opinion, in writing of the principle officer in each of the executive departments, upon any subject relating to the duties of their respective offices." The Constitution does not say which or how many executive departments should be created.

Who makes up the Cabinet?

The Cabinet traditionally includes the Vice President and the heads of 15 executive departments:  the Secretaries of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs, and the Attorney General. Cabinet-level rank has also been given to the Administrator of the Environmental Protection Agency; the Director of the Office of Management and Budget; the Director of the National Drug Control Policy; the Assistant to the President for Homeland Security; and the U.S. Trade Representative.

When requested by the President, other officials are asked to attend these weekly meetings including, the President's Chief of Staff, the Director of the Central Intelligence Agency, the Chairman of the Council of Economic Advisors, the Counselor to the President, the Director of the Federal Emergency Management Agency, the Administrator of the Small Business Administration, and the U.S. Representative to the United Nations.

How does one become a member of the Cabinet?

The 15 Secretaries from the executive departments are appointed by the President, and they must be confirmed by a majority vote (51 votes) of the Senate. They cannot be a member of Congress or hold any other elected office. Cabinet appointments are for the duration of the administration, but the President may dismiss any member at any time, without approval of the Senate. In addition, they are expected to resign when a new President takes office.

The following is a list of the current heads of the 15 executive department agencies, their department, the year department was created, and a brief description of the department.

Department of State (1789): Secretary of State Hillary Clinton

The Department of State advises the President in the formulation and execution of foreign policy and promotes the long-range security and well-being of the United States. The Department determines and analyzes the facts relating to American overseas interests, makes recommendations on policy and future action, and takes the necessary steps to carry out established policy. 

The Secretary of State is responsible for the overall direction, coordination, and supervision of U.S. foreign relations and for the interdepartmental activities of the U.S. Government abroad. The Secretary is the first-ranking member of the Cabinet, is a member of the National Security Council, and is in charge of the operations of the Department, including the Foreign Service.

Department of the Treasury (1789): Secretary of the Treasury Timothy Geithner

The Department of the Treasury performs four basic functions: formulating and recommending economic, financial, tax, and fiscal policies; serving as financial agent for the U.S. Government; enforcing the law; and manufacturing coins and currency. The Secretary also serves as the Government's chief financial officer.

Department of Defense (1947): Secretary of Defense Robert Gates
The Department of Defense is responsible for providing the military forces needed to deter war and protect the security of our country. The major elements of these forces are the Army, Navy, Marine Corps, and Air Force, consisting of about 1.4 million men and women on active duty. They are backed, in case of emergency, by the 1 million members of the Reserve and National Guard. In addition, there are about 700,000 civilian employees in the Defense Department.

Under the President, who is also Commander-in-Chief, the Secretary of
Defense exercises authority, direction, and control over the Department, which includes the separately organized military departments of Army, Navy, and Air Force, the Joint Chiefs of Staff providing military advice, the unified combatant commands, and various defense agencies established for specific purposes.

Department of Justice (1870): Attorney General Eric Holder, Jr.
As the largest law firm in the Nation, the Department of Justice serves as counsel for its citizens. It represents them in enforcing the law in the public interest. Through its thousands of lawyers, investigators, and agents, the Department plays the key role in protection against criminals and subversion, in ensuring healthy competition of business in our free enterprise system, in safeguarding the consumer, and in enforcing drug, immigration, and naturalization laws. The Attorney General represents the United States in legal matters generally and gives advice and opinions to the President and to the heads of the executive departments of the Government when so requested. The Attorney General appears in person to represent the Government before the U.S. Supreme Court in cases of exceptional gravity or importance.

Department of the Interior (1849): Secretary of the Interior Kenneth Salazar
The mission of the Department of the Interior is to protect and provide access to our Nation's natural and cultural heritage and honor our trust responsibilities to tribes. The Department manages the Nation's public lands and minerals, national parks, national wildlife refuges, and western water resources and upholds Federal trust responsibilities to Indian tribes. It is responsible for migratory wildlife conservation; historic preservation; endangered species; surface-mined lands
protection and restoration; mapping; and geological, hydrological, and biological science.

Department of Agriculture (1862): Secretary of Agriculture Thomas Vilsack
The Department of Agriculture works to improve and maintain farm income and to develop and expand markets abroad for agricultural products. The Department helps to curb and to cure poverty, hunger, and malnutrition. It works to enhance the environment and to maintain production capacity by helping landowners protect the soil, water, forests, and other natural resources. The Department, through inspection and grading services, safeguards and ensures standards of quality in the daily food supply.

Department of Commerce (1903): Secretary of Commerce Gary Locke

The Department of Commerce encourages, serves, and promotes the Nation's international trade, economic growth, and technological advancement. The Department provides a wide variety of programs through the competitive free enterprise system. It offers assistance and information to increase America's competitiveness in the world economy; administers programs to prevent unfair foreign trade competition; provides social and economic statistics and analyses for business and government planners; provides research and support for the increased use of scientific, engineering, and technological development; works to improve our understanding and benefits of the Earth's physical environment and oceanic resources; grants patents and registers trademarks; develops policies and conducts research on telecommunications; provides assistance to promote domestic economic development; and assists in the growth of minority businesses.

Department of Labor (1913): Secretary of Labor Hilda Solis

The purpose of the Department of Labor is to foster, promote, and develop the welfare of the wage earners of the United States, to improve their working conditions, and to advance their opportunities for profitable employment. The department also keeps track of changes in employment, prices, and other national economic measurements. Special efforts are made to meet the unique job market problems of older workers, youths, minority group members, women, the handicapped, and other groups.

Department of Health and Human Services (1953): Secretary of Health & Human Services Kathleen Sebelius

The Department of Health and Human Services is the Cabinet-level department of the Federal executive branch most involved with the Nation's human concerns. In one way or another, it touches the lives of more Americans than any other Federal agency. It is literally a department of people serving people, from newborn infants to persons requiring health services to our most elderly citizens.

Department of Housing and Urban Development (1965): Secretary of Housing & Development  Shaun Donovan
The Department of Housing and Urban Development is the principal Federal agency responsible for programs concerned with the Nation's housing needs, fair housing opportunities, and improvement and development of the Nation's communities.

Department of Transportation (1966): Secretary of Transportation Raymond LaHood
The U.S. Department of Transportation establishes the Nation's overall transportation policy. Under its umbrella there are 10 administrations whose jurisdictions include highway planning, development, and construction; urban mass transit; railroads; aviation; and the safety of waterways, ports, highways, and oil and gas pipelines. 

Department of Energy (1977): Secretary of Energy Steven Chu

The Department of Energy, in partnership with its customers, is entrusted to contribute to the welfare of the Nation by providing the technical information and the scientific and educational foundation for the technology, policy, and institutional leadership necessary to achieve efficiency in energy use, diversity in energy sources, a more productive and competitive economy, improved environmental quality, and a secure national defense.

Department of Education (1979): Secretary of Education Arne Duncan
The Department of Education establishes policy for, administers, and coordinates most Federal assistance to education. Its mission is to ensure equal access to education and to promote educational excellence throughout the Nation.

Department of Veterans Affairs (1988): Secretary of Veterans Affairs Erik Shinseki
The Department of Veterans Affairs operates programs to benefit veterans and members of their families. 

Department of Homeland Security (2003): Secretary of Homeland Security Janet Napolitano
Works to prevent terrorist attacks within the United States, reduce America's vulnerability to terrorism, and minimize the damage from potential attacks and natural disasters.

When ready, continue on to The Judicial Branch.