US EXECUTIVE: PRESIDENT AND CABINET

Features of US president
• US executive comprises of president , vice president and cabinet.
• In US there is presidential form of government.
• In the article 2 of the US constitution states that all the executive
powers shall be vested on the president. Which means that the office
of president is very important and powerful office.
• There is separation of power practiced in the US, which means that
he /she is not answerable to US congress i.e. legislature and are
independent.
• In US there is single unified executive which means that the president is both
real as well as nominal executive unlike in UK. Therefore the US president is
both head of the state as well as government.
• Separation of power also helps in becoming office of president more powerful.
There is separation of power between legislature and executive i.e. congress and
the president which means president is not accountable or answerable to
legislature i.e. congress but the is function called checks and balance.
• The tenure of the president is for four years and it is a fixed tenure because once
the president is elected as the president normally he stays to complete four
years . However there is process called impeachment.
• Through the process of impeachment the president can be removed from the office but
the process is very complex .these process works when house of representative
initiates the process and then senate will investigate and the chief justice of the
supreme court of the US presides over the these investigation or matter . However no
president has been impeach so far in the US . These process of impeachment is there as
the check on the powers of the president.
• The US cabinet is only responsible , accountable and answerable towards the
president. The role of the cabinet is just an advisory role to the president. The final call
is always taken by president.
• The political homogeneity is not essential in US . Which means that the president can
and has right to appoint any person, ministers or secretary as the head of any
departments
Indirect election of the president
• The president of US is most powerful and strongest in the
world and the office of president is most important offices
in the world.
• The president acts as the both nominal and real executive
which adds to his power and position .
• US president has tenure for four years and is elected
indirectly by the people.
• US is a republic so the president has to be elected by people. however
the constitutional framers went for indirect election for the president
because direct election would add too much power on the president
and it could also cause lot of disorder in the process of the election.
Therefore they wanted the process of election to be orderly and
dignified process.
• The total strength PEC presidential electoral college consists of 538
members. Initially it was 535 but after the 23 rd amendment three more
seats have been added so these particular electoral college i.e. PEC
finally goes on to elect the president of US.
• The process of electing president is very long and meticulous process.
Powers of the president
Executive powers-

• The US president has wide powers and article 2 of the US

constitution confirms all the executive powers of the president .
• He is head of the state and he performs all ceremonial function of the
state.
• He is chief administrator of the state and chief executive and he
enforces all the laws and maintains order in the country.
• He also has appointment making powers like he appoints federal
judges , cabinet ministers and people to different important posts.
• He also has treaty making power and conducting foreign policy of the
USA with other countries. He is chief architect of country’s foreign
policy. Therefore we can say that in the international relation he plays
an very important and decisive role.
• He also has vast military powers. for instance the president has power
to send forces anywhere in the world in the interest of the USA.
• He has power to grant pardon, reprieve (or cancel someone's
punishment )and amnesty( to pardon somebody who has committed a
political offence). To accused of criminal who are charged of violation
of federal law( the laws past in the legislature of the USA) .
Legislative powers-
• president also has an important role in legislation of the bill which
becomes an act. So due to separation of power the legislative power
is given to the congress i.e. legislature of the USA. However
president does have a role and sometimes called as chief legislature.
• the role of the president in legislation is at the beginning and at the
end of the legislative function. For instance a particular bill is
initiated so at that point of time and at the end of the particular bill
the presidents signature is necessary for bill to became an act.
• One way to keep tab on legislative process by president is through the
messages he sends to the congress. so these is usually done in initiating
the legislation
• The state of the union message is most important. These is basically
done in the month of January or February in the beginning of the year .
He addresses both the houses of the congress and to the common mass.
Through these state of union message he basically calls upon the various
proposals and measures which should be taken by the congress.
Congress takes a note of it . So these particular message is very
important and over the period of time it has come to be an very
important message. Based on these message the legislation takes place
and it depends on the leadership quality of the president.
• He also sends the budget messages annually and economic report is also send to
the congress.so based on these also the legislation takes place.
• Another important power of the president is veto power of the US president in
the process of legislation. So in veto power there are two types of veto power .
1. Suspensory veto power: when the bill gets passed in the both the houses of he
congress it goes to the president for signature after only it becomes an act. By
rule the bill has to be signed by president within 10 days . Sometimes the bill is
not signed and returned to congress within 10 days so if these happens the
congress has to again repass the bill with two third majority and again it goes
to president for signature and if still president is not favorable to bill the he an
keep it without signing but in these situation he can only delay that particular
bill from becoming an act if the house is still in session , which means that he
has used is suspensory veto power of delaying that particular bill.
2. Pocket veto: within those 10 day when he was supposed to sign the bill or if he keep
delaying the bill and if within those 10 day if the legislature gets adjourn while the bill
is with the president then the bill gets killed which means the bill cannot become an act.
• Another power of president is to make executive orders so the president can make
rules and regulation on the form of executive order. Generally the laws are passed by
the congress but the president also enjoys the power to make executive orders
sometimes when it is needed.
• President can also call the special session of the congress, both the houses together
and then he has role to play in the adjournment of congress in special circumstances
like when the congress fails to decide the date of adjournment because of certain
differences then the president has power of adjournment and fix the date of
adjournment.
Other powers of the president:
• Other function of the president is that he is leader of the nation , representative of the country ,
the voice of the nation and he represents the country in international forum.
• The president is leader of his political party.
Limitation on the powers of he president:
1. Separation of powers between executive and legislature.
2. Checks and balances by legislature and judiciary on executive.
3. Powers are also limited by his/her tenure i.e. for four years then the president can again run for
four more years but not beyond that. He cannot keep on becoming president for more than 8
years , in other words they are not allowed to run for third term.
4. Provision for impeachment where if the president is found to be guilty of bribery and bringing
shame to the office of president then these particular impeachment process can be initiated by
the house of representative followed by the investigation by senate and chief justice presides
over the process and if the president is found guilty then he/she will be impeached.
Presidential cabinet
• The term presidential cabinet is basically used for cabinet in USA. It is basically reflects its subordinate
position. If we compare it with the cabinet of Britain then we understand that in terms of power and its
position it is not as powerful as cabinet in Britain.
• US cabinet position is that of a subordinate or advisory role to the president and to the other form of cabinet
system like in Britain , India and other countries.
• US cabinet has advisory role and these advices are not binding on the president. He can take his own decision.
• One of the important features of us cabinet is in its origin and it has a extra constitutional origin , meaning by
it isn’t in the constitution led down for the provision of the cabinet.US came about through the convention.
• Convention of the US cabinet establishment came about in the beginning when the constitution was being
drafted, there was these discussion for having an advisory council to the president ,however there was lack of
consensus regarding these and therefore no such provisions came in the US constitution. Many thought that
senate will work as advisory council and during the time of president George Washington , when he went to
take advice from senate he didn’t get any , so that led him to use the provision of {article II, section 2 clause
1} of the US constitution.
• It stated that the president may require an opinion writing of the principal officers and each of the
executive departments upon any subject relating to the duties of there respective office.
• It implied that the president could call upon the principal officers who are heading the different
departments for their opinion and such opinion in writing, so there by president consequently started
calling the heads of these departments for their consultation and gradually these developed into the
system of calling cabinet meetings. These is how the US cabinet came into being.
• The members of the presidential cabinet has to carry about all the orders of the president. Anybody who
goes against the orders of the president has no other option but to resign.
• Composition of department: As of today the composition of the cabinet, there are 15 departments , which
means there are 15 cabinet members who are heads of the different department. Initially there were 3
departments , departments of state , treasury and war. As time went by the number increased.
• method of appointment: Anther interesting feature of US cabinet is that of method of appointment. The
cabinet members of US cabinet are appointed by the president with the approval of the senate , and call as
the secretary. Therefore we can say that the president has very important role in selecting his team i.e. the
cabinet.
• No political homogeneity: In US there is no political homogeneity . The political homogeneity of the
cabinet is not a rule with the US system. Meaning, the US president can also choose cabinet members
from opposition party.
• Tenure of the cabinet: The term or the tenure of the cabinet solely depends upon the presidents wishes.
When the new president takes over then the cabinet also gets new shape
• Method of removal: . As long as the cabinet member enjoys the confidence of president he can remain in
the office. the president has power to remove any member, any time , that to without giving any reason.
The president has the sole authority in the removal of the cabinet member.
• Cabinet member being responsible to president: since president has power to appoint and remove cabinet
member , so the cabinet member are responsible and answerable towards the president, which means to
say that the member of the cabinet are individually responsible to the president.
• Meetings of presidential cabinet: the right to call the meetings of the cabinet any time solely depends upon
the president. Normally the cabinet meetings are called upon once a week, held in the white house. The
discussion in cabinet meeting are free and kept secret and no record is kept because once the outcome of
the decision is made pubic, it goes as the decision of the president and not of the cabinet.
Revision
• The legislature of the USA is called the congress
• It is a bicameral legislature.
• the upper house of the USA is called the senate.
• The lower house of the USA is called the house of representative.
• The tenure of the upper house is two years.
• The tenure of the lower house is five years.