What is the Executive Branch?

What is the Executive Branch? 

Under the Articles of Confederation, the first governing document adopted by the United States, a federal executive branch was nonexistent. While this may be surprising, the Framers of that document were understandably concerned about executive authority. They just fought a war to win independence from a country with a very powerful executive, King George III, who abused his power.  But the Articles of Confederation proved to be ineffectual. It created a national government that was far too weak.

The Founders addressed the problems of the Articles by drafting the Constitution. One new addition to the national government was a separate executive branch. Outlined in Article II of the Constitution, this branch would have a single elected individual whose job was to carry out the laws passed by Congress.

The Constitution attempted to balance out the perennial concerns in republics ruled by a tyrannical executive with the need to have a branch of government that could act quickly when needed. As Alexander Hamilton explained in Federalist # 70, “Energy in the Executive is a leading character in the definition of good government. It is essential to the protection of the community against foreign attacks; it is not less essential to the steady administration of laws.”  Under the Constitution, the executive power would be in the hands of a single individual, allowing the president to make quick decisions when needed. However, while the executive power would be wielded with “energy,” it would also be limited by the other branches of government through a system of checks and balances.

The president is chosen by the Electoral College. The Electoral College is a group of individuals, known as electors, who are nominated to cast votes for a presidential candidate. Each state is allocated a specific number of electors based on the total number of senators and members of the House the state has). Each candidate running for office has their own “slate” of electors who are pledged to vote for that individual. So, when Americans go to the polls every four years, they are actually voting for these electors, and not for the presidential candidates themselves. A candidate needs to win a majority of the 538 electoral votes (270) to be elected president.

So, what powers does the chief executive have? The president is vested by the Constitution with the responsibility and authority to execute laws passed by Congress. This ranges from collecting taxes to prosecuting people who violate federal law. The president can veto laws passed by Congress, but the legislature may override the veto with a two-thirds vote in both chambers.

The president is also vested with the power of “Commander in Chief of the Army and Navy of the United States, and of the militia of the several States.” By giving supreme authority over military forces to an elected official, the Founders ensured that civilians would have power over the military and warmaking. This would prevent an ambitious general from seizing power through military force, an all-too-common occurrence in history.

The president also serves as chief diplomat for our country and is responsible for making treaties, but the Senate advises during the process and must ratify treaties with a two-thirds majority. The president is also responsible for appointing ambassadors, federal officials in the bureaucracy and courts, and Supreme Court justices. The Senate also advises on this process and must confirm appointees with a majority vote.

The executive branch holds immense constitutional authority to uphold laws and protect the nation. During the twentieth century, the role of the executive grew significantly. Some approve of this change, arguing it is necessary to meet the challenges of a modern society, while others worry it has distorted our system of separation of powers and checks and balances. Those who take the office of the presidency take an oath to “preserve, protect, and defend the Constitution.” To do so, they must use presidential power to uphold liberty, equality, and justice and respect the limits that are placed on their power.  Their oath also demands that they use their power to act decisively to preserve society against threats, both foreign and domestic.