Name __________________________

Second Branch: The Executive

What happens when you have a group project and no one takes the lead? Not much, right? It’s the same
with a government. If no one makes decisions, takes action, or enforces the laws, nothing gets done. The
United States found this out the hard way. Under its first government, the Articles of Confederation, the
country tried to exist without an executive branch, or the part of government that carries out the laws. It
was a mess. States argued with each other, treaties went unsigned, and laws were ignored. Then an armed
rebellion broke out in Massachusetts. That convinced the
country’s leaders that having a new government with an
executive branch wasn’t a bad idea after all.
The executive Power shall be vested in a
But what would the executive branch look like? The
President of the United States...
Framers of the Constitution agreed that the branch
needed a chief executive, or leader, of the government, — Article II, Section 1
but they couldn’t agree on how much power the role
should have. Many feared that a powerful leader would
turn into a king. Others insisted that having a powerful chief executive was the only way a leader could get
things done. The Framers compromised. They created an executive branch in Article II of the Constitution,
but they made the legislature the first and most powerful branch. In Article II, the Framers established
that the executive branch would be led by a chief executive called a president. Then they outlined the
president’s job description, which included a careful balance of great powers with strict limitations.

Nice Job, If You Can Get It A person’s religion can

What’s the easiest way to have limits on the president? Make strict never disqualify them from
rules about who can have the job. The first section of Article II lists being president according
three qualifications to be president: a person must be at least 35 to Article VI, Section 3.
years old, they must be born a U.S. citizen, and they must have
lived in the country for 14 years. Why? Because loyalty matters. The
Framers worried that foreign countries would influence the president. Birth and residency
requirements helped ensure that the president’s allegiance would be to the U.S. The age
limit promised a person with fully developed political views and some life experience. It
was another way of saying: only loyal, mature candidates need apply.
To ensure that a new king didn’t emerge, the Framers
Electing limited the president’s (and the vice president’s) term
Executives in office to four years. They never mentioned if the
president could run for re-election or how many terms
Did you know that they could have, but they didn’t need to. The voters
the president is elected by a would decide that. And the Framers outlined a detailed process for how
college? No, it’s not a school. a presidential election would take place. But what if the president died
The Electoral College is a in office? To avoid people trying to grab power, the Framers decided
group of electors (people that the vice president (who was also elected) would take over the job.
chosen by each state) who
cast their state’s official vote Death wasn’t the only threat to the presidency. Corruption—a common
for a presidential candidate. factor among powerful rulers—was also a concern. The Framers didn’t
The electors’ votes reflect want America’s president bribed by money. They recognized that being
who won the most votes in president was a job, so they decided the work should come with a
yearly salary, or income—no need to accept anyone’s dishonest bribe.
their state. Originally, the
Congress had the power to decide how much money the president
candidate with the most
received. Article II also made it clear that the president couldn’t take
electoral votes became
money from other sources. They can’t receive a raise while in office
president, and the runner up
either. The restrictions may sound harsh, but the guidelines
became vice president.
protect the president. They ensure that Congress won’t
punish (or reward) the president for actions they may take.
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Second Branch: The Executive

Executive Equilibrium
The tricky part in designing the presidency was finding a
way to give the president enough power to be an effective

Photo: MANDEL NGAN/AFP/GettyImages

leader with enough limits to keep them from becoming a
king. To ensure this balance, the Framers incorporated a
system of checks and balances. This system gives each
branch the ability to check, or stop, the other branches
from abusing their powers.
The Constitution establishes that the president is the
commander in chief, or in charge of the military. This
allows the president to decide when troops are activated,
President Obama greets members of the military. As
where they go, and how many are needed. But the president
Commander in Chief the president is responsible for the
can’t declare war—only Congress can do that. That is one safety and security of the United States.
check on the president’s power. The president welcomes
foreign ambassadors (a nation’s representatives), creates relationships with other nations, and makes
treaties, or agreements, with them. But all treaties must be approved by two-thirds of the Senate. This is
another check. The president appoints U.S. ambassadors, federal judges, and other federal officials, but
a majority of the Senate must approve them all. Are you
starting to get the picture? Even the president’s greatest
He shall nominate and... appoint power—the ability to veto, or reject, the laws passed
Ambassadors,... Judges of the supreme by Congress—has limits to it. Congress can override a
Court and all other officers of the presidential veto when two-thirds of both Houses agree.
United States... — Article II, Section 2 (It’s super hard to achieve, but not impossible!)

Power Unlimited?
Not every presidential power is limited by Congress. The
Photo: Yasin Ozturk/Anadolu Agency via Getty Images

president can fill staff vacancies, recommend laws for

Congress to pass, and can convene (gather) or adjourn
(dismiss) both Houses of Congress in an emergency.
They can even forgive people’s crimes. You read that
right: forgive crimes! The president can pardon or grant
reprieves to those
convicted of federal
offenses. A pardon
I Swear!
President Trump delivers his 2020 State of the Union speech.
forgives a crime
Article II requires the president give a speech that updates entirely. A reprieve Have you ever seen a
Congress and the public on the country’s progress. only cancels the president get “sworn in” to
punishment. And office? They raise their hand
there are no limits to how many pardons or reprieves a president can and take an oath to uphold and
grant. That’s a big chunk of unlimited power! defend the Constitution. It’s not
But even with a few unchecked powers, the Framers had an ultimate just a tradition. It’s a serious
plan. They added the impeachment process, which allows Congress ritual that the Constitution
to remove a president. If a president commits treason, takes bribes, requires. The Framers wanted
or abuses their power, they can be impeached, or charged with a the president to take a public
high crime by the House of Representatives. They then go to trial oath to make them accountable
in the Senate, and if they’re found guilty, they can be removed from to the people, show their
office. Three presidents have been impeached. None have been commitment to the job, and
convicted and removed, but the Framers made sure there was an promise to put the country first.
option in the Constitution... just in case.

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Second Branch: The Executive

National Caretaking
The most important job of the president and the executive branch is to
execute, or enforce, the laws. It’s the whole reason why the executive He shall take care that the
branch was created. Since there are so many federal laws, it may sound
laws be faithfully executed...
like this role gives the president a tremendous amount of power, but
it’s limited as well. The president enforces the laws, but they are laws — Article II, Section 3
passed by Congress. The president has to enforce them whether they
agree with those laws or not.
How does one person enforce all the laws of the entire nation? Well,… they don’t. The president has a
team—a huge team—that helps them get the work done. It consists of several executive departments
who make up the rest of the executive branch. But don’t go looking for the executive departments in
Article II. They aren’t there. The Framers never laid out specifics. They only said the president may “require
the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject
relating to the Duties of their respective Offices.” Pretty vague, huh?
The Framers assumed there would be several departments, each

Photo: Drew Angerer/Getty Images

focusing on a specific area of expertise, like a Treasury Department to
oversee the nation’s finances. And they left it up to Congress to decide
what departments to create. Today, the president’s cabinet, or closest
advisors, includes all the department leaders (called “secretaries”) and
the vice president. They meet regularly to advise the president on what
actions to take. Because the team needs to work well together, the
president appoints all of their cabinet (if the Senate approves, of course). President Joe Biden meets with his cabinet.

Departments of Doers
The Framers’ vagueness about executive departments turned out to be a good thing. When George
Washington became the first president, there were only three executive departments: the State (foreign
affairs), War, and Treasury Departments. Today there are 15. Because there were no limits on the number
or responsibilities of the departments, it allowed the executive branch to expand to meet the changing
needs of a growing and complex nation.
So what do executive departments actually Executive Action
do? When the president signs a bill into law, These executive departments help the president enforce the laws.
that law is given to the proper department to
enforce it. Let’s say a federal law requires new Agriculture: farming, ranching, Housing and Urban
bridges to be built on interstate highways. and safe food production Development: fair housing and
The Department of Transportation is put in home ownership
Commerce: growth of business
charge of making that happen. They create and industry Interior: conservation of natural
a plan, hire laborers or contractors to do the and historic resources
Defense: military operations
work, and coordinate with the states to get Justice: enforces criminal laws
Education: funding and oversight
the project done. If Congress passed a law
of education programs Labor: job training, work laws, safe
that provides new loans to farmers, it would working conditions
go to the Department of Agriculture to carry Energy: resources such as
electricity, gas, coal, and alternative State: foreign affairs
it out. And if a new law called for an increase
resources
in job training programs, the Department Transportation: land, sea, and air
of Labor would jump into action. Executive Health and Human Services: transportation
food and drug regulation, medical
departments are the worker bees of the Treasury: finances, banking
research, and disease prevention
executive branch. They bring laws to life, and Veteran’s Affairs: medical care
all of the department leaders work to make Homeland Security: terrorism
and programs for military members
threats and natural disasters
sure the president is up to date about what is
going on in each department.

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Second Branch: The Executive

Changing with the Times
Executive departments are not the only part of the executive branch that has grown and changed over the
years. The president’s job description has evolved as well. Although Article II provided a solid framework,
tweaks were made in the form of amendments, or additions, to the Constitution.

Amendment Alterations & Analysis!

12th Amendment 20th Amendment 22nd Amendment 25th Amendment
Remember how the It’s a 20/20. The 20th Twos are wild! The 22nd A Plan B! The VP takes
runner up became vice Amendment changes the Amendment limits the over if the president
president (VP)? Now president’s start date to number of a president’s dies, resigns, becomes
the presidential and VP January 20th. terms in office to... two. ill, unstable, or in a
candidates run as a team. weakened state.

Why? Having two leaders Why? The president’s term
with opposing views used to start on March
can lead to conflict and 4th, but the four months
an unproductive work between election day and
environment. inauguration day left the
previous
president
ineffective
for a long
time.
Why? There were no Why? John F. Kennedy’s
term limits in Article II. assassination raised
When Franklin Delano concerns—if he had
Roosevelt got elected lived but was
to a fourth term, the severely impaired,
Congress wanted a limit. would he still
be president?
This amendment
2 clarified things.

The roles and the powers of the president have also expanded. The president continues to be the
commander in chief, the chief executive, and the chief diplomat, or leader on foreign affairs. Today they
also serve as the chief legislator. The president shapes and influences proposed laws and then instructs or
pressures Congress to pass them. The president is also now the “keeper of the economy”—responsible for
making jobs, keeping prices under control, and making decisions that affect the nation’s finances.
If you’ve ever seen the president attend a ceremony, lay a wreath at an observance, or attend an
international event like the Olympics, then you’ve seen them acting as the Chief of State, the symbol
or representative of the nation. And when you see the
president raising money for or publicly supporting fellow
party members who are running for office, then you’re
watching them in another role they’ve grown to take on
over time: party leader. A party leader uses their
Photo: Mai/Getty Images

influence to grow and strengthen their political party by

helping their party’s candidates win elections in races
at all levels of government.
The executive branch has evolved in ways the Framers
never could have imagined. But they did a pretty good
job of planning for the future. The job description they
outlined in Article II still shapes the position today. After
President George W. Bush in his role as Chief of State places a
wreath to honor U.S. military members who died while serving almost two hundred years, the United States still follows
their country. the Constitution and has avoided the emergence of a king.

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 Name __________________________

Second Branch: The Executive

A. Presidential Lingo. Complete each sentence using the words in the box.

cabinet religion executive branch

commander in chief veto pardon
oath executive departments

executive branch
1. The _______________________ serves to carry out the laws.

pardon
2. A president can issue a(n) _______________________, which forgives a crime entirely.

oath
3. The president must take a(n) _______________________ to promise to uphold and defend the Constitution.

religion
4. Article VI, Section 3 of the Constitution says that someone’s _______________________ can’t be used as a
factor to decide if a candidate is qualified to be president.

cabinet
5. The heads of the 15 main departments make up the president’s _______________________.

commander in chief
6. The president is the _________________________________________ of the military.

veto
7. If a president doesn’t agree with a law Congress passes, they can _______________________ it.

executive departments
8. The ____________________________________________ are assigned the task of putting laws into action.

B. Balancing Act. Match the president’s powers with the limits that restrict them.

President’s Power Congress’s Check

C Commander in chief
1. _____ A. two-thirds of the Senate must approve

E
2. _____ appoint ambassadors and B. two-thirds of Congress can overrule
federal judges
C. only Congress can declare war
B
3. _____ veto bills passed by Congress
D. Congress makes the laws
D execute the laws
4. _____
E. majority of Senators must approve
A make treaties with foreign nations
5. _____

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 Name __________________________

Second Branch: The Executive

C. Constitutional Comprehension. Read Article II, Section 3 of the Constitution, which lists the president’s
responsibilities. Then answer the questions.

He shall from time to time give to the Congress Information of the State of the
Union, and recommend to their Consideration such Measures as he shall judge
necessary and expedient [practical]; he may, on extraordinary Occasions, convene
[call together] both Houses, or either of them, and in Case of Disagreement
between them, with Respect to the Time of Adjournment [ending], he may adjourn
them to such Time as he shall think proper; he shall receive Ambassadors and
other public Ministers; he shall take Care that the Laws be faithfully executed
[carried out], and shall Commission [appoint] all the Officers of the United States.

1. How often must the president communicate the condition of the nation?
from time to time

2. When can the president convene or adjourn both Houses of Congress?

when he thinks the time is right

3. List three responsibilities of the president that are outlined in this section.
shall judge necessary and practical measures, makes sure Laws are being carried out faithfully, shall appoint all the
officers of the united states

D. Executive Action. Review the list of executive departments in the reading. Then read each issue or law
and write the name of the department that will deal with it.

Issue or Law Executive Department

A law increases funding for more mental health services for
former soldiers.
veterans affair

A war breaks out in Europe, and one of our allies requests state department
financial and weapons assistance.

A law is passed to increase solar energy production. energy department

A virus outbreak causes schools and businesses to close. health and human services

Academic test scores in the United States are falling behind

education department
those in other nations.
Terrorist threats have increased at airports throughout the
country. defense

A federal law requires abandoned shopping malls to be housing and urban development
transformed into apartments for low-income residents.

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 Name __________________________

Second Branch: The Executive

E. Dictators Denied. Read the scenario. Then answer the questions that follow.

After ruling for 20 years, South Avalon’s leader, Hans Mondo, declares war
on the neighboring country of North Avalon. He orders the military to invade
and destroy everything in its path. Lawmakers are furious that he didn’t tell
them about his military plans. Mondo adjourns the entire legislative branch.
He makes a law that removes the rights of all North Avalonians living in the
war zone. Then he makes a law that requires all South Avalonians who are 16 or
older to serve in the military. And he orders any critics of the government to be
arrested. Mondo then creates a treaty with several foreign nations to get more
powerful weapons in return for any gold and other precious metals the
military can confiscate from North Avalon.

1. List three actions taken by Hans Mondo that would not be possible for a U.S. president under Article II of
the Constitution.
declaring war,

2. Pick one action from question 1. Why do you think it’s important that this action is limited by the
Constitution?

F. Help Wanted! Write a job advertisement for the president! Fill out the details in the table based on the
reading. Review the example job advertisement on the next page. Then write one for the president that
includes information from at least three sections from the table below.

Job Overview: A brief summary of the job Responsibilities and Duties (powers):
enforces the law, appoints officers enforce laws, appoint officers

Qualifications: What are the requirements to Limits:

have the job? can not be realected twice, other
must be over 35, natural us Citizen, 14 branches check your power
years of residency

Length of Term:

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