Ch7. The President and the Executive Branch — Powers, Term, and Accountability

The President’s Role

President's dual role:
① Head of State: represents the nation abroad
② Chief Executive: heads the executive branch (Art. II, §1)

Term and election:
- Term: 4 years
- Election: direct popular vote via Electoral College
- 22nd Amendment: maximum two terms (or 10 years total)

Eligibility requirements (Art. II, §1):
- Natural-born citizen, at least 35 years old,
  14-year U.S. resident

Presidential Powers

Executive Powers

Law-execution power:
- Art. II, §3: "take care that the laws be faithfully executed"

Executive legislation (rulemaking):
- Executive Orders: presidential directives with force of law
  within limits set by statute
- Agency regulations: delegated by Congress; must comply
  with the APA (Administrative Procedure Act)

Appointment power (Art. II, §2):
- Principal officers: nominated by President, confirmed
  by Senate (e.g., Cabinet secretaries, federal judges)
- Inferior officers: Congress may vest appointment in
  President alone, courts, or department heads

Emergency and War Powers

Commander-in-Chief (Art. II, §2):
- President commands the armed forces
- War Powers Resolution (1973): notify Congress within
  48 hours of deploying troops; must withdraw within
  60 days absent Congressional authorization

Emergency Powers:
- National Emergencies Act (1976): President may declare
  a national emergency, activating statutory standby powers
- Must notify Congress; Congress may terminate by
  concurrent resolution

Martial Law / Insurrection Act:
- President may deploy military domestically to suppress
  insurrection or enforce federal law (Insurrection Act)
- Courts retain authority to review

Pardon Power

Pardon and clemency (Art. II, §2):
- Full pardon: complete forgiveness of federal offense
- Commutation: reduce sentence; conviction remains
- Reprieve: temporary delay of punishment
- Amnesty: group pardon (typically by proclamation)

Limits on pardon power:
- Applies only to federal offenses (not state crimes)
- Does not cover civil liability or impeachment proceedings
  (Art. II, §2: "except in cases of impeachment")
- No self-pardon — constitutionally contested

Executive Branch Structure

Cabinet and Principal Officers

Role:
- Advise the President; lead executive departments
- Senate confirmation required for secretaries

Principal departments (15 Cabinet departments):
- State, Treasury, Defense, Justice, Interior,
  Agriculture, Commerce, Labor, HHS, HUD, Transportation,
  Energy, Education, Veterans Affairs, Homeland Security

Removal:
- President may remove Cabinet officers at will
  (Myers v. United States, 1926)
- Some independent agency heads: limited removal
  protection (Humphrey's Executor framework,
  subject to ongoing litigation)

Cabinet Meetings and NSC

Cabinet:
- Advisory body; no collective decision-binding power
- President chairs; Vice President attends

National Security Council (NSC):
- Statutory advisory body (National Security Act 1947)
- President, VP, Secretary of State, Secretary of Defense,
  Joint Chiefs Chairman (statutory advisors)
- Coordinates national security and foreign policy

Note: Unlike Korea's State Council (국무회의), the U.S. Cabinet
has no mandatory deliberative role for specific presidential actions.
The President may consult or ignore Cabinet advice.

Executive Rulemaking

Regulations with force of law:
① Executive Orders: President's direct authority
② Agency rules (notice-and-comment rulemaking):
   Congress delegates, agency proposes, public comments,
   agency finalizes — enforceable against the public

Non-delegation doctrine:
- Congress may not hand over its core legislative power
  without an "intelligible principle" guiding the agency
- Too-broad delegations can be struck down as unconstitutional

Internal agency guidance:
- Policy memoranda, guidance documents, FAQs
- Generally not binding on the public
- Subject to challenge if agency treats them as binding

Presidential Term Limits ★★★★★ : Two-term limit under the 22nd Amendment. No President may be elected more than twice. A President who served more than 2 years of another’s term may only be elected once more. Memory hook: 22nd Amendment = two-term max

Commander-in-Chief vs. War Powers Resolution ★★★★★ : President commands the military (Art. II, §2), but the WPR limits deployments to 60 days without Congressional authorization. Ongoing constitutional tension. Memory hook: C-in-C = President; 60-day clock = WPR

Pardon Power — Impeachment Exception ★★★★☆ : President may pardon any federal crime EXCEPT in cases of impeachment. State crimes are also beyond presidential pardon power. Memory hook: pardon ≠ impeachment protection

Practice Quiz

Q. What Senate role is required when the President appoints federal judges?

The Appointments Clause (Art. II, §2) requires Senate advice and consent (confirmation) for principal officers, including Supreme Court Justices and lower federal court judges. The Senate Judiciary Committee holds confirmation hearings before a full Senate vote.

Q. How can Congress check an emergency declaration by the President?

Under the National Emergencies Act, Congress may terminate a declared national emergency by passing a concurrent resolution. Congress may also refuse to appropriate funds for emergency measures. Courts can review whether the President has exceeded statutory authority.