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ART. II THE EXECUTIVE BRANCH

ART. II THE EXECUTIVE BRANCH. Qualifications for P & VP : - 35 years old - natural born citizen - U.S. resident for 14 years. Term of Office : 4 years - now limited by the 22nd amendment to 2 terms (before this amendment, limited only by tradition)

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ART. II THE EXECUTIVE BRANCH

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  1. ART. IITHE EXECUTIVE BRANCH Qualifications for P & VP: - 35 years old - natural born citizen - U.S. resident for 14 years Term of Office:4 years - now limited by the 22nd amendment to 2 terms (before this amendment, limited only by tradition) Salary: $400,000 PLUS!!!! ($208,100 – VP)

  2. SALARY & BENEFITS: • $400,000 PLUS SALARY!!!! • ($227,300 – VP – same as Speaker & Chief Justice) • $50,000 Expense Account +… • Benefits: • Housing • Transportation • Health Care • Secret Service for Life • Pensions • Movie Theatre

  3. PRESIDENTIAL SUCCESSION: If the President dies, resigns, is removed from office or is unable to carry out his duties, the order of succession is as follows: Vice President Speaker of the House President Pro Tempore Secretary of State

  4. POWERS OF THE PRESIDENT HEAD OF THE EXECUTIVE BRANCH may ask advice of his Cabinet (heads of Executive Depts.)

  5. COMMANDER INCHIEF head of the armed forces (limited by War Powers Act) POWER TO VETO LAWS PASSED BY CONGRESS GRANTS REPRIEVES & PARDONS Reprieves = delay of punishment Pardon = forgiveness MAKE TREATIES with other countries must be approved by 2/3 of Senate MAKE APPOINTMENTS to office to cabinet, Supreme Ct. judges, etc.; must be approved by Senate (majority)

  6. DUTIES OF THE PRESIDENT: • State of the Union address to Congress & the American people • Official Host of the U.S. -- receives ambassadors & other public foreign officials • Chief Executive – see that all federal laws are carried out (enforced)

  7. IMPEACHMENT -- The President, Vice President & other public officials may be impeached & tried for treason, bribery & other high crimes & misdemeanors. --Only 2 P’s ever impeached?

  8. Election • President & Vice President are only two offices in this country elected by the electoral collegemethod • Election date is always the Tuesday after the first Monday in November.

  9. INAUGURATION • Inauguration is always Jan. 20 (per the 20th Amendment) • Oath of office is administered by the Chief Justice of the Supreme Court John G. Roberts, Jr.

  10. ARTICLE IIITHE JUDICIAL BRANCH

  11. SectionOne • Only court established is the Supreme Court • Power given to Congress to establish all remaining federal courts • Number has fluctuated, but now has nine justice positions • Appointed FOR LIFE – by President, approved by Senate

  12. The Roberts Court(The Court is referred to bythe name of the Chief Justice) Chief Justice John Roberts Justice Scalia Justice Kennedy Justice Thomas Justice Breyer Justice Ginsburg Justice Alito Justice Sotomayor Justice Kagan (newest)

  13. Article IIISection Two • Federal courts deal with all cases involving the Constitution, U.S. laws & U.S. treaties • (Note: 95% rejection rate) • Anyone accused of a crime is entitled to a trial by jury, held in the state where the crime was committed

  14. Article III, Section Three • TREASON is the only crime defined by the Constitution • TREASON consists of making war against the U.S. or aiding the enemies of the U.S.

  15. No person shall be convicted of treason unless: • two witnesses testify to some overt act of treason • OR • there is a confession in open court. • Why is it so difficult for conviction?

  16. ARTICLE IVRELATIONS AMONG STATES • “FULL FAITH & CREDIT” CLAUSE • States must give this to each other • Must recognize the public acts, records, and judicial proceedings of each other • Citizens have same rights in all states • “Extradition” of criminals • Return of escaped slaves • Only Congress can admit new states to the Union

  17. ARTICLE V: AMENDMENT • Most common method: • 2/3 of Congress proposes an amendment • ¾ of states ratify the amendment • All but one amendment done via this method • 2 methods of proposal: • Proposed by 2/3 of Congress • 2/3 of states request a national convention for proposal • 2 methods of ratification: • ¾ of state legislatures ratify • ¾ of state conventions ratify

  18. ARTICLE VISUPREMACY CLAUSE • Supreme law of the United States consists of THREEthings: • The Constitution • All federal laws • All federal treaties ARTICLE VIIRATIFICATION • 9 states required • Constitution signed 1787

  19. AMENDMENTS • 27Total amendments • The first Ten are Bill of Rights • Freedom of speech, press, religion, assembly & petition • Right to bear arms • Prohibits quartering of troops in homes • Prohibits unreasonable search & seizure • Protects against self-incrimination and double jeopardy, power of eminent domain (with just compensation) • Right to a fair and speedy trial • Right to a jury in civil trials • Prohibits excessive bail and fines and cruel and unusual punishment • Reserves rights to the people • Reserves powers to the states • Presidential Amendments: 20 (inauguration) and 22 (two terms)

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