President - Executive of the United States of America

The Executive of the United States of America 

(A) President

There is no political office in the world today that carries with it greater constitutional power and responsibility than the American Presidency. Time and events, greater general law and personality, have built the Presidential office into an unparalleled position of national leadership and world prestige.

Qualifications of the president of The United States of America:

The Constitution provides that a candidate for Presidency must fulfill the following conditions:

(a) He must be a natural born citizen of the United States.

(b) He must not be less than 35 years of age.

(c) He must, have live in the U.S.A. for not loss than 14 years.

The question of residence was raised by the opponents of Herbert Hoover who has not been a resident for fourteen consecutive years immediately prior to his election in 1828, although he had resided in the United States considerably more than fourteen years altogether. According to Ferguson and McHenry the interpretation of Article II requiring residence of fourteen consecutive years "continuously and immediately preceding election appears unwarranted".

Congress has in effect added to them by providing that persons convicted of various serious crimes will, in addition to other penalties, be incapable of holding office under the United States.

In practice the qualifications for Presidential candidate are severer than prescribed for. As a matter of rule, the candidates for Presidency are drawn from amongst the Senators, Governors of States, Cabinet ministers or important officials in the previous administration.

Tenure and Re-eligibility:

The President of the United States holds office for 4 years. The constitution, originally, did not put any restriction on the re-election of a President. George Washington, the first President, was elected twice but he refused to contest election for the third term. Since then a convention had been developed forbidding the re-election of President for more than two terms. The convention was scrupulously observed for a long time but it was violated during war years when President Roosevelt was re-elected for the third and fourth terms in 1940 and 1944.

However, by the 22nd Amendment which was ratified by the required number of States in 1951, no person shall be elected to the office of President for more than two terms. It means that normally a person cannot be re-elected for the third time after the completion of two terms totaling 8 years. But if the President dies when 2 or more than 2 years of his term are over, the Vice-President succeeding him will have two more chances of contesting election. But if the Vice-President Succeeds to the office when there are more than two years to go till the time expires, he will get one more chance because the maximum term that can be enjoyed by any President is now fixed at 10 years.

The succession to the presidency of the USA:

The original constitution is silent as to who shall succeed to the Presidency in case both President and Vice-President die or their offices fall vacant on account of resignation or disability or removal. The 25th Amendment ratified on Feb. 1967 designates the Vice-President as Acting President when the president is physically or mentally unable to carry on the duties of his office. It also authorises the President to nominate a Vice-President with the consent of the Congress if the office of the Vice-President falls vacant. The succession to the Presidency is as fallows.

If the President dies, the Vice-President becomes President. If the President becomes disabled, the Vice-President becomes Acting President during the disability. When the Vice-Presidency is vacant, a Vice-President may be nominated by the President, with confirmation by the Congress. Next to the Vice-President, in the line of Presidential succession is the speaker of the U.S. House of Representatives followed by President pro-tempore of the U.S. Senate, then the Secretary of State followed by other members of the Cabinet.

Mode of Election of American President:

The constitution provided for indirect election of the American President . The President is elected constitutionally, by an electoral college consisting of as many "Presidential Electors" as is the number of members in both houses of the congress, i.e., 538 in the House of Representative and 100 members in the Senate. This electoral college is constituted in each State and consists of as many members as each State has in the Congress, i.e. both in the House of Representatives and the Senate. Since each State has 2 members in the Senate, it means that number of Presidential Electors in each State is equal to the numbers of its members in the House of Representatives plus 2. This means that a big state like the state of New York has 43 electoral votes equal to its 41 members in the House of Representatives plus 2 in the Senate and a small state like the state of Delaware has only 3 equal to its I member in the House and 2 in the Senate. The winner of the Presidential election in a state receives all of its elector votes on 'winner-take-all basis'. The method of electing the Presidential Electors in each State has been left to be determined directly by the State concerned. Originally they were elected by the State legislatures, but now they are elected directly by the people. The Presidential Electors meet in each State and cast their votes on the day fixed for Presidential election. If no candidate for the Presidency receives the necessary electoral majority on election day, the issue is thrown for decision of the House of Representatives. There, each state, irrespective of its population and size, casts for one of the three man who earlier had received the maximum electoral votes in the elections. There have been only three occasions in the American history in 1800,1824 and 1876 elections.

Calendar pattern

The American political system moves according to calendar pattern. The Presidential Electors are elected on Tuesday after the first Monday in November of every leap year. These electors meet in the capital of each State on the first Monday after the second Wednesday in December, and record their votes for the Presidential candidates. A certificate of election is then sent to the Chairman of the Senate by each state. On 6th January, the Congress meets in a joint session, where votes are counted; the person securing an absolute majority of votes is declared elected. In other words in counting the majority of votes, the majority of total votes is considered, and not simple majority. The new President is sworn into office 'on January 20. In case no candidate secures the required, majority of votes, the House of Representatives elects one person from amongst the first three candidates, securing the highest number of votes. In such a case, each State has one vote irrespective of the number of representatives in the House. It this attempt also fails, then after 4th March, the Vice-President automatically succeeds to the Presidential office.

Direct Election in Practice:

Although the U.S. Constitution prescribes a system of indirect election, yet in practice election of the President has become almost direct. The change has been brought about by the growth of powerful political parties in America, months before the date of Presidential election, the major political parties had their national conventions and nominate their Presidential candidates. The parties in each State nominate their own candidates for the Presidential electoral college. The ballot papers are so printed that by one cross, a voter can vote for the whole list of Presidential electors put up by a particular party of his choice. This victory of a particular party in the election of Presidential electors means the election of the party's candidate to the Presidentship. The formal election in each State and counting of votes by the Congress, are conducted just as a necessary constitutional formality. Thus to all intents and purposed, the Presidential election in the United States has become direct. The country knows weeks before the actual date of election as to who is going to be elected. The voters in the States do not, in fact, cast vote for the Presidential Electors, but they cast a direct vote in favour of Presidential candidates whose names are already known to them. The election of the electoral college is just a formality. If the election of this intermediary body was to be excluded, the same result would accrue. Thus with the growth of strong political parties, the powers of electing the President has been actually transferred to the people although the framers of the constitution wished it otherwise.

Impeachment of the President of the USA:

The President may be removed from office before the expiry of his normal term through impeachment. The House of Representatives adopts by resolution, articles of impeachment charging the President with certain high crimes and chooses leaders to direct the prosecution before the Senate which acts as a judicial tribunal for impeachment. Its meeting is then presided over by the Chief Justice of the Supreme Court. The Senate may convict the President by two-third majority of its members present and voting. The penalty cannot extend more than the removal of the President from office and disqualification to hold any office of trust and responsibility under the United States. The method or impeachment is not an easy one. 

Powers and Position of the American President:

It is often remarked that the President of the United States wields the largest amount of authority ever wielded by anyone in a democracy. Lord Bryce regards the American Presidency as the greatest office in the world. Haskin declares that the President of the United States is the foremost ruler in the world. He enjoys real and effective powers as contrasted with the powers of the King or Queen of England. "The Constitution intended that the executive should be more than a mere executive: it very considerably modified the pure idea of the separation of powers. He has become a very active legislative leader as well as an executive."

All these remarks are correct in their assertions that the powers of the American President, have increased enormously much against the spirit, of the original Constitution.

Sections 2 and 3 of Article II are devoted to enumeration of Presidential powers. But much of the President's authority has accrued to him by virtue of factors beyond the powers conferred upon him by the Constitution. The President of America now enjoys extensive executive, legislative, financial and judicial powers which may be discussed as follows: 

1. Executive Powers of the President of the United States

(a) Chief Administrator

The President is the head of national administration. All executive action of the Republic is taken in his name. He is responsible for the enforcement of the federal laws and treaties with foreign States throughout the country. He sees to the implementation of the decisions of the courts and enforces the constitution and laws of the country. For the performance of these functions, he sends directions to the heads of the various departments. In the discharge of his executive functions, he is assisted by his own cabinet the members of which are the heads of the various departments.

(b) Commander-in-Chief

The President is the Supreme Commander of the armed forces of the United States. As such he is responsible for the defence of the country. He appoints military officers with the advice and consent of the Senate and can remove them at will. Although the power to declare war vests in Congress yet the President can make war unavoidable and necessary by his conduct in the administration. As for example, President Truman took 'Police Action' in Korea without authorisation, by the Congress. During war, President's military powers increase enormously. He becomes the sole in-charge of war operations. During World War II, President Roosevelt was given almost a blank cheque to conduct war on the part of the United States. He became a sort of constitutional dictator.

(c) Dictator of Foreign Relations

The President represents the U.S.A. in foreign relation. He formulates the foreign policy of the United States. He appoints all diplomatic representatives of the U.S.A to foreign States with the consent of the Senate. He receives the foreign diplomats accredited to the U.S.A. He can negotiate treaties and agreement with foreign States in his discretion. But all treaties with foreign States must be ratified by two thirds majority of the Senate. This is no doubt a limitation on his authority regarding the conduct of foreign relations. But the President is not to face any difficulty if majority in the Senate belongs to his party. The President is, however, placed in a difficult position when majority of the Senate is hostile to him.

(d) Appointments

The President makes a large number of appointments in the federal services. The power of making appointments is the most important and effective power in the hands of the President. It enables the President to command the allegiance of a huge number of federal officers and secure their support for implementation of his policy. There are two categories of federal Services, i.e. 'Superior Services' and 'Inferior Services'. Superior Services are appointed by the President with the consent of the Senate and members of the 'Inferior Services are appointed by the President alone, according to civil service rules.

(e) Power of law enforcement

The Constitution commands the President to take care that the laws are faithfully executed. It also prescribes that the President, before he enters on the execution of his office, shall take an oath of affirmation that he would to the best of his ability preserve, protect and defend the Constitution.

(1) Emergencies

Emergencies in the life of every nation and is the fundamental of every state to meet them and preserve its existence. The exercise of emergency power of the President is based either on his military power, his responsibility to see that faithfully executed or an emergency power delegated to him by the Congress.

2. Legislative Powers

Consistent with the theory of Separation of Powers, the constitution confers upon the President, a limited legislative authority. The President does not possess the authority to summon, prorogue and dissolve the Congress. He cannot initiate any Bill directly in the Congress. The President unlike the British or Indian Prime Minister, is not the leader of the majority party in the house. He has no direct control over the legislature whatsoever.. During the course of time, the President has acquired a vital share in legislation. He has virtually become the 'chief legislator' in practice. Some of his legislative powers may be summed up as follows:

(a) Veto Power

All Bills passed by the Congress must be referred to the President for his final approval. The President can deal with them in three different ways: (a) He may give his assent to a Bill referred to him and the Bill will become an Act. (b) He may reserve the Bill with him in which case it becomes a law at the expiry of ten days without his signatures provided the Congress is still in session. The Bill in such a case is killed if the Congress adjourns before the expiry of ten days. This is known as Pocket Veto, (c) He may reject a Bill and may return it to the House with or without his amendments. In such a case, the Bill may be repassed by the Congress by its two-thirds majority in each House and then it will be obligatory on the part of the President to give his assent. The facts given above clearly show that the President has an effective role in law making.

(b) Messages

The President may send messages proposing some legislative measures. As the messages come from the highest functionary of the State, these cannot be easily ignored by the Congress. President's messages stir the nation and it is one great public document which is widely read and discussed. In fact, many, laws owe their origin to the Presidential messages. The famous 'Munro Doctrine' enunciated by President Munro transmitted to the Congress through a message.

(c) Special Sessions

The President has the right to convene special sessions of the Congress. All important laws were passed in 1913 in special sessions convened according to the wishes of President Wilson. The practice of convening special session of the Congress was very common previously. But under the new Calender introduced by the Twentieth Amendment, the need of special session has become less because the interval between regular sessions has been lessened.

(d) Patronage

The President extensive patronage in his hands. He makes a large number of appointments in the federal services, The Senators and Representatives always want to win the President's favour in order to secure jobs for their supporters arid friends. The Presidents of the United States have often made bargains with members of the Confess to get their proposals-for legislation passed by them.

(e) Appeal to Public Opinion

The President is not only the head of the Republic but also the leader of the nation. His office carries an inherent respect. The nation listens to him with attention. Whenever he finds that the Congress is pitched against him he can make direct appeal to the nation, and may create public opinion against his opponents in the Congress. There are instances when this method was effectively used by the President to put the Congress on the right errand.

(f) Personal Influence

Most of the Legislative programmes of the Congress are discussed by the President at the dinner table with the prominent party leaders in the Congress. The President, in fact, experiences no difficulty if his party has a majority in the Congress

3. Delegated Legislation

In addition to an immense influence exercised by the President on the Congress, he can legislate on his own authority as well. He has the power to make rules and regulations in the form of executive orders. In most cases, the Congress makes laws in general outlines. The details are left to be filled in by the executive. The rules and regulations thus made have the force of law. This is known as delegated legislation or rule-making power. This power has increased immensely during recent years. President Roosevelt is supposed to have exercised this power extensively. He is said to have issue 3,703 executive orders during his Presidential career prior to 1941. During the same period the Congress passed only 4,553 laws.

4. Financial Powers

Although the control over federal finances has been vested in the Congress yet in actual practice, the President directs and controls finance. It is under the direct supervision of the President that the budget is prepared. It is placed before the Congress which can amend it in anyway. But the general practice shows that the budget is passed as it is. Very few members of the Congress understand the technicalities involved in the budget and it is difficult to amend it on account of its niceties. The President is thus the general manager of the financial affairs of the government.

5. Judicial Powers

Like all other chief executive heads, the President of the United States enjoys the power to grant pardon, reprieve or amnesty to all offenders convicted for the breach of federal laws except those impeached by the Senate. He cannot grant pardon or reprieve for punishment under State laws. The President appoints the judges of the Supreme Court with the consent of the Senate. Thus he enjoys some judicial patronage.

(B) Cabinet System of USA

The American Constitution did not envisage any Cabinet to aid and assist the President in the discharge of his functions. However, in course of time, separate departments of the government have been created, each of which is under the charge of a Secretary. These Secretaries are the principal advisers of the President.

Appointment:

They are appointed by every President when he enters upon his office, and are usually his ardent supporters in the political field. They are not members of the Congress, nor are they responsible to it. They are the President's personal advisers, first and foremost. However, their appointment like all other high appointments, is subject to the approval of the Seriate; although the Senate does not stand in his way as a matter of practice under normal circumstances.

Departments:

At present there are 13 such departments. They are as follows:

1. Agriculture

2. Commerce

3. Defence

4. Education W

5. Energy

6. Health & Human Services

7. Housing & Development

8. Interior

9. Labour

10. State Foreign Affairs

11. Transportation

12. Treasury

Attorney-General:

Powers:

The American Cabinet system differs greatly from the Cabinet system in other countries, like India or England. The U.S. President cannot put his responsibility on the shoulders of the Cabinet nor can be make it responsible for the executive actions. In America, the Cabinet is more like the President's own Council of Advisers. In India, the President cannot afford to disregard the advice of the Cabinet. But in U.S.A. it is the President's sweet will whether to accept the advice of his Cabinet or not. There is a classic example of the fact showing how utterly the President can disregard their advice. Once an important subject was being discussed by seven members of President Abraham Lincoln's Cabinet, with Lincoln in the Chair. When it was put to vote the seven members voted in the negative, although Lincoln himself wanted a decision in the affirmative. He wound up the discussion by quietly saying: "The vote is 7 noes and 1 aye. Therefore the aye has it". This shows the utter subordination of the Cabinet to the President. This cannot happen in countries like India or the United Kingdom.

Utility of the Cabinet:

The Cabinet has a character and importance of its own. Membership in it continues to be the ambition of many politicians. And although there is a considerable variation in its prestige and influence from administration to administration, yet it must meet once a week and transact two types of business. In the first place, the broad policies of the government are examined and discussed. The President may frequently consult the Cabinet on matters of top policy. He may accept the opinion or not, but the discussions bring out useful information and opinion, clarify views and promote morale in administration.

Proceedings:

Proceedings are informal and there are no debate. No official records of proceedings are maintained. Hardly any voting is there because ultimately it is the will of the President that prevails. This is in contrast with the Indian or British Cabinet, where all decisions are taken by a majority vote and regular records are maintained.

The Cabinet and the Congress

The members of the President's Cabinet do not sit in the Congress. However, they may be asked to appear before Congressional Committees to defend the executive actions, and to present the viewpoint of the President regarding certain legislation. One of the main reasons for the weakness of the Cabinet is that its members are not elected representatives of the people. As compared to this, the President is the popular representative. To all intents and purposes, the Cabinet is the President's Family, and the President, as head of the family, dominates. President Wilson is reported to have treated his Secretaries as office boys. President Grant regarded them as second lieutenants whose only duty was to carry out the orders of the captain.

(C) Vice-President

The Constitution provides for the office of Vice-President of the United States as well. The framers of the Constitution might have omitted the Vice-Presidency but when the method of electing the President through the medium of Electoral College was decided upon, it became necessary to provide for an office the incumbent of which should succeed to the Presidency without delay. The Vice-President must meet all the qualifications of President since he may succeed to the Presidency in the event of the President's death, resignation or removal.

Mode of election of the Vice-President

Vice-President is elected along with the President in the same manner. The Presidential electors cast two votes, one for the Presidential candidate and the other for Vice-Presidential candidate. A candidate for Vice-Presidency securing absolute majority of votes is declared elected. In the case no candidate secures an absolute majority of votes, the Senate elects, one out of the two candidates securing the highest votes. Two principles are kept in view in the election of the Vice-President. First, is that the President and Vice-President should not belong to the same State and the second is that the Parties while nominating their candidates for the two offices should keep in view the fact that both the candidates belong to the different wings of the Party.

Functions of the Vice-President

(a) The Vice-President of America is the ex-officio Chairman of the Senate. He has a casting vote which can be used in case of a tie. Otherwise the Presiding officer has very little of authority, because the Senate has its own rules and customs which the Presiding officer must follow.

(b) The Vice-President is to succeed the President in case he dies, or resigns or is removed by impeachment. In this case he occupies the President's office for the remainder of the term. Vice-President Johnson succeeded to the Presidential office in 1963 on Kennedy's death. There have been eight such occasions when Vice-President succeeded to the Presidential office mostly on account of death of the Presidents.

(c) Sometimes the Presidents include the Vice-Presidents in their Cabinets as a matter of courtesy. As for example, President Roosevelt included Vice-President Henry Wallace in his Cabinet. President Eisenhower also sent Vice-President Nixon on a tour of Middle East, India and Pakistan. The object of associating the Vice-President with administration is to give him some training in this regard so that he may be able to handle Presidential office if chance be. President Reagan also associated Vice-President George H. W. Bush with the principle policies of his administration. Joe Biden previously served as the 47th vice president from 2009 to 2017 under President Barack Obama. But the fact remains that the office of Vice-President is a very weak office because of an absence of some significant role. Roosevelt called it as 'an office unique in its functions or rather in its lack of functions'. Benjamin Franklin condemned the Vice-President as 'His superfluous Highness'.

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