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The President

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The President of the United States is head of the executive power, or the Chief Executive, and his office is one of the most powerful in the world. Under the Constitution he must “take care, that the laws be faithfully executed”. In addition he has important legislative and judicial powers. The official residence and office of the President is in the White House, Washington, D.C.

Constitutional qualifications for the Presidency are relatively simple: the President must be at least 35 years old, a resident of the country for at least 14 years and a national born citizen.

The President, together with the Vice President, is elected to a four-year term. The 22nd Amendment to the Constitution, 1951, limited the Presidency to no more that two terms. Franklin D. Roosevelt had been the only President to be elected four times (the first time in 1933).

If a President dies or is unable to carry out his duties, he is succeeded by the Vice President. The Constitution does not delegate any specific executive powers to the Vice President (or to members of the presidential Cabinet or to other federal officials). Except for the right of succession to the Presidency, the Vice President’s only Constitutional duties are to serve as the presiding officer of the Senate. Next in line of succession to the Presidency come the Speaker of the House of Representatives and the President pro tempore of the Senate (who presides over the Senate when the Vice President is absent). After them in line of succession to the Presidency, in order of importance, come to the Secretary of State, the Secretary of Treasury, the Secretary of Defence and the rest of the Cabinet ministers.

The method of electing President is peculiar to the United States. The presidential election is technically an election of presidential electors, not of a President directly. The people of each state do not vote directly for the President. They elect as many electors as this state has Senators and Representatives in the Congress. These electors are selected exclusively by the corresponding party machines. The candidate with the highest number of votes in each state wins all the electoral votes of the state.

The electors of all 50 states and the District of Columbia (3 electors) – a total of 538 persons – compose what is known as the Electoral College, though it never meets as a body. Instead the electors gather in the state capital shortly after the election and cast their votes for the candidate with the largest number of popular votes in their respective states. To be elected President, a candidate for the Presidency must receive 270 votes.

The Constitution provides that if no candidate has a majority, the decision should be made by the House of Representatives, with all members from a state voting as a unit. In this case, each state and the District of Columbia would be given one vote only.

Candidates for the Presidency are chosen by political parties several months before the presidential election, which is held every four years (every leap year) on the first Tuesday after the first Monday in November.

The presidential term of four years begins on January 20 (the next year). He starts his official duties with an inauguration ceremony, traditionally held on the steps of the Capitol, where Congress works. The newly-elected President publicly takes an oath of office, which traditionally administered by the Chief Justice of the United States.

As head of the government, the President must carry out the government programmes. He has an important legislative role. He recommends laws to Congress and requests money for federal government operations. He can veto any bill passed by Congress, and his veto may be overruled by a two-thirds vote in both Houses of Congress. The President, as head of a political party and as chief executive officer of the government, has a strong influence on public opinion, on what the course of legislation in Congress very often depends. Within the executive branch, the President has broad powers to issue the so-called executive orders, which have the force of law. He is the commander-in-chief of the armed forces of the United States.

The President has the authority to appoint the heads of all executive departments and agencies, together with hundreds of other high-ranking officials, including judges, from the district court level to the US Supreme Court. Each appointment must be approved by the Senate.

One more important function of the President is that he can grant a full or conditional pardon to anyone accused of breaking a federal law – make shorter prison sentences and reduce fines.

Under the Constitution the President is responsible for foreign relations with other nations. With the Secretary of State, the President manages all official contacts with foreign governments, concludes treaties with other countries. Such treaties must be approved by a two-thirds vote of the Senate.

Everyday work of the government is carried out by different executive departments (ministries), created by Congress to deal with national and international affairs. The heads (ministers) of these departments, chosen by the President and approved by the Senate, form the Cabinet. Today, these 14 departments are: State, Treasury, Defence, Justice, Interior, Agriculture, Commerce, Labour, Health and Human Services, Housing and Urban Development, Transportation, Energy, Education, and Veteran Affairs. Each department has thousands of employees, with offices all over the country as well as in Washington.

In addition to the executive departments, there are over fifty agencies in the Federal Government, the heads of which are directly responsible to the President. Each executive agency has certain duties and responsibilities.

In 1947 the National Security Council was formed, which includes the President, the Vice President, the Secretaries of State and Defence. It is the main centre of planning the American foreign and military policy. The influence of the NSC is so great, that it is often called “the super cabinet”.

A constitutional protection against misused executive power is contained in the following provision: “The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for treason, bribery or other high crimes …”

 


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Читайте в этой же книге: Criminal law. | СРСП 6. | Trial by suspicion | The Constitution. | ANNOTATIONS | The Bill of Rights | About The US Constitution | Vocabulary | THE CONSTITUTION OF THE UNITED STATES | The Legislative Branch |
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