Government
Executive
The president and vice president are the only officials elected
by all citizens of the United States; both serve four-year terms.
Although the president shares power with Congress and the judiciary,
he or she is the most powerful and important officeholder in the
country. The president has no vote in Congress but proposes much of
the legislation that becomes law. As the principal maker of foreign
policy, the president of the United States has become one of the world’s
most important leaders in international affairs.
Background
At first, the Founders
were uncertain about the kind of executive power they desired for the
United States. In 1787 they debated at length about how to choose a
president and how much authority to give such a person. The drafters
of the Constitution gave the president fewer specific powers than they
extended to Congress because they were worried about placing too much
power in the hands of one individual. The Founders then created an
electoral college as the means of selecting the executive of their new
country.
The
electoral college is composed of presidential electors representing
each state. The number of electors per state is equal to the sum of
the state’s senators and representatives in Congress. The Founders
intended these electors, chosen as each state thought best, to meet
and vote according to their individual preferences. This process
excluded the influence of Congress as well as that of voters, who in
these early days of the United States were not believed to be
competent to choose a president.
This
system depended on states to determine how electors would be chosen,
an arrangement that removed the choice of the president from the
direct vote of the people. Even today Americans do not vote directly
for a presidential candidate. Instead, if a presidential candidate
receives a majority of the state’s popular vote, a slate of electors
pledges to cast all that state’s electoral votes for that candidate.
Two exceptions are Maine and Nebraska, where electoral votes can be
divided among candidates depending on the proportion of votes the
candidates received.
Such a
process makes some Americans fear the possibility of a presidential
candidate winning the popular vote and losing the electoral vote.
Since the system works mostly on a winner-take-all basis, the
electoral vote of most states is always unanimous, but the popular
vote may be very close. It is possible for a candidate to garner a
majority of the popular vote but then, by losing certain key states
with large numbers of electoral votes, to fail to win a majority in
the electoral college. In 1888, for example, Democrat Grover Cleveland
received 5,540,000 votes to Republican Benjamin Harrison’s 5,444,000
but lost the electoral college 233 to 168. More recently, in 2000,
Democrat Al Gore won 50,994,082 votes to 50,461,080 for Republican
George W. Bush, but Bush won the presidency by capturing 271 electoral
votes to Gore’s 266.
Of the
three branches of government, the presidency has changed the most in
the last 200 years. At first, presidents mostly served as
administrators carrying out the laws passed by Congress. But in time
they have come to stand at the center of the national government. In
fact, presidential power had increased so much by the middle of the
20th century that in 1951 the states ratified the 22nd Amendment,
which limited the presidency to two terms.
Responsibilities of the
President
In the United States today,
the chief executive has many responsibilities. The president appoints
personnel—including ambassadors, White House staff, and members of
various boards and commissions—to more than 3,000 positions; oversees
the many components of the executive branch of government; and
proposes legislation to Congress—including the yearly federal budget.
The president also directs foreign policy, commands the armed forces,
negotiates and signs treaties, and serves as a symbol of the nation
and a head of state with ceremonial duties.
Responsibilities of the
President - Executive Agencies
The increasing power of
modern presidents does not violate the Constitution by encroaching on
the other branches of government. Rather, executive authority has
expanded because of the loosely defined nature of the president’s
powers in the Constitution. In Article II of the Constitution, the
president is charged with seeing that “the Laws be faithfully executed.”
It would be difficult for one individual to oversee all aspects of a
modern industrialized society like that of the United States. Thus the
executive branch has established a large number of agencies that carry
out some of the executive functions of the government. Many full-time
government employees participate in defining, regulating, and carrying
out the various functions of the executive branch.
There
are 15 departments of the executive branch. The heads of these
departments, called secretaries, make up the Cabinet, a body that
advises the president on matters of policy and government
administration. There are also more than 140 executive agencies,
including the Environmental Protection Agency (EPA), the Federal Trade
Commission (FTC), the National Labor Relations Board, the National
Aeronautics and Space Administration (NASA), the Securities and
Exchange Commission (SEC), and the United States Postal Service.
The
difference between departments and executive agencies is both
historical and functional. Departments, many of which were created in
the 19th century, are authorized by Congress; their chiefs sit in the
Cabinet, and they often deal with large policy issues. Executive
agencies, on the other hand, are usually designed to carry out
specific tasks. Most executive agencies are contained within
departments, as one part of a larger organization. For example, the
Internal Revenue Service (IRS) is an agency within the Department of
the Treasury that fulfills the highly specialized function of
regulating taxation. However, a few executive agencies, such as the
Central Intelligence Agency (CIA), are independent.
Executive agencies have expanded in the 20th century to keep pace with
a changing society and its growing needs. Large programs, such as
Social Security, have grown to require more government workers to
administer them. National security needs have also grown as the United
States has taken a more active role in the world. The CIA and the
National Security Agency (NSA) were created to protect Americans and
maintain the security of the United States.
Many
executive agencies establish safety standards. For instance, the Food
and Drug Administration (FDA), which is part of the Department of
Health and Human Services, issued rules in 1998 requiring drug
companies to conduct wider testing of drugs in order to have more
precise information about the use of medications on children. While
drug companies challenged these regulations as burdensome, consumer
and parent groups praised them as important safeguards.
Americans sometimes complain about the size of the federal government
and especially that of the executive branch, which employs 98 percent
of all national government personnel. This impression, however, should
be measured against the growth of the American work force and the
increases in state and local bureaucracies. In 1998 nearly 4.2 million
people worked for the executive branch: 1.4 million were uniformed
military employees and 2.7 million were civilians. However, the
proportion of federal workers to the total American work force has not
increased since 1950 and in fact has been declining since the 1980s.
It has also declined relative to the number of local public employees,
suggesting that although the number of federal employees is large, if
measured against the general population, its growth has not been
disproportionate.
Responsibilities of the
President - Foreign Policy
In addition to authority
as head of the many executive departments and agencies, the president
also has primary responsibility for making foreign policy. The
Constitution established the president as commander of the armed
forces and gave the president the authority to make treaties “with the
Advice and Consent” of Congress. As a result, both Congress and the
courts have generally supported energetic presidential action in the
area of foreign policy. The president has the power to recognize new
governments, to attend summit meetings with the heads of other nations,
and to make executive agreements with foreign governments. Executive
agreements have the force of law, but unlike treaties, they do not
require congressional approval. Most Americans consider it in their
best interests to allow the president some freedom of action in
foreign affairs, recognizing that the president may be required to
respond quickly to international challenges.
In
conducting foreign policy, the president is helped by professionals at
the State and Defense departments, by the National Security Council,
by foreign affairs advisers in the White House, and by experts in the
NSA and the CIA. In fact, one of the reasons that the president has
dominated the direction of foreign policy in the late 20th century has
been this access to superior intelligence information, which allows
the president to make rapid and informed decisions.
Limitations on
Presidential Power
Despite their wide-ranging
authority, presidents have limits on their power. While the Supreme
Court, the media, and public opinion can affect presidential actions,
Congress has the greatest ability to limit the president’s power.
Congress can check presidential power by refusing to appropriate funds
for a presidential initiative, whether domestic or international. It
can also refuse to confirm presidential appointees, such as
ambassadors or Supreme Court justices. And ultimately only Congress
can write and pass the laws that the executive branch is
constitutionally obligated to implement.
Current Trends and Issues
It has always been
necessary for presidents to work with Congress, but in the second half
of the 20th century, relations between the two have often been
strained and divided by political-party affiliation. Until after World
War II (1939-1945) most presidents worked with a government in which
their political party also controlled the House and Senate, making
relations smoother. But since 1952 presidents have often confronted a
Congress where the opposition party has a majority in at least one
House. Such circumstances have limited the effectiveness of
presidential leadership.
In an
age when presidents initiate more legislation and relations with
Congress are often chilly, the chief executive’s public image and
persuasive abilities have become more important. Because the one voice
of the president commands attention in a way that the 535 voices of
Congress cannot, the president often uses public opinion to gain
support for his or her agenda. Presidents distribute news releases,
give favored reporters and journalists anonymous news leaks, and send
their advisers to talk on news shows. Increasingly in the 20th century
the voice of the people has come to be heard in sophisticated polls
and interviews conducted by the media, which in turn influence the way
that presidents respond to specific issues.
The
presidency also needs to find a way to deal more effectively with the
large numbers of administrative agencies that exert influence over
legislative policies. Over the years, Congress has given broad
authority over certain public issues to regulatory agencies. In turn,
these agencies make regulations that frequently affect the way laws
are carried out. These regulations have the force of law, though there
is no review of them. Often, administrative orders read like acts of
Congress or executive orders, despite the fact that no elected
official had anything to do with them. Sometimes these regulatory
agencies have better relationships with Congress than with a president
who may not agree with their policies. This closeness diminishes the
authority of the president over the bureaucracy.