The Executive Branch: Rule Of Law In Action

The executive branch of the US government, headed by the President, has a variety of powers and responsibilities. The President is the commander of the US military, the chief diplomat, and the only person with the power to enter into international treaties, veto acts of Congress, and appoint Supreme Court Justices. They are also responsible for enforcing the laws of the US and ensuring national defence. The executive branch includes the Vice President, who assists the President and can take their place if they are unable to perform their duties. The executive branch also includes various Cabinets, departments, agencies, and government corporations that assist the President in enforcing the law. Agencies within the executive branch have the power to create rules and regulations, which are published in the Code of Federal Regulations. The rulemaking process involves several steps, including public notice, gathering feedback, and publishing a final rule. The President's power to oversee the executive branch and enforce the law is balanced by checks and balances from other branches of government, such as Congressional oversight of the executive branch and independent regulatory agencies that operate outside the President's purview.

The President's duty to enforce laws

The President of the United States has a duty to uphold the rule of law and ensure the faithful execution of laws created by Congress. This responsibility is outlined in Article II, Section 3 of the US Constitution, which states that the President "shall take Care that the Laws be faithfully executed". This clause, known as the "Take Care Clause", makes the President a top-level enforcer of the law, albeit indirectly.

While the President does not directly execute laws, they are responsible for overseeing the executive branch, which includes federal agencies and departments, such as the CIA and the Environmental Protection Agency, that carry out the day-to-day enforcement and administration of federal laws. The President appoints the heads of these agencies and departments, who are responsible for executing the laws faithfully. The President has the power to remove these heads if they fail to execute the laws as required.

The President also has the power to issue executive orders, which are directives to executive officers that help clarify and implement existing laws. These orders are published in the Federal Register, along with proposed rules and regulations from federal agencies. The process of rulemaking by federal agencies involves gathering public feedback and is overseen by the Office of Information & Regulatory Affairs (OIRA).

In addition to their role in enforcing laws, the President also has the power to veto or approve legislation passed by Congress. This power allows the President to ensure that laws are in line with their agenda and priorities. Overall, the President's duty to enforce laws is a critical aspect of the US system of checks and balances, ensuring that the laws of the nation are carried out effectively and faithfully.

Agencies' rule-making and law-executing powers

Agencies are granted the authority to create administrative law by Congress, which also establishes the agencies through their own organic statutes. Agencies are created to protect the public interest and carry out certain prerogatives from Congress. They are responsible for interpreting, administering, and enforcing laws. Agencies cannot act unless Congress has delegated the authority for them to do so and must not act beyond that authority.

Federal agencies are organizational arrangements created by Congress to carry out law and policy. They provide the detailed rules and guidance needed to clarify and execute statutes. Agencies are granted rule-making authority by Congress to implement legislative statutes. Rules are published in two official sources: the Federal Register and the Code of Federal Regulations. Rules are also referred to as regulations, and they are promulgated to implement, interpret, or prescribe law or policy. The rule-making process involves creating, amending, or repealing rules.

The rule-making process is largely governed by the standards set out in the Administrative Procedure Act (APA). Agencies must give the public notice of a proposed rule before it goes into effect, which is done by publishing the proposed rule in the Federal Register. After the proposed rule is published, the public can submit comments, which the agency may consider before the final rule is published and takes effect. This entire process is called notice-and-comment rulemaking or informal rulemaking. Formal rulemaking occurs when rules are required by statute to be made on the record after an opportunity for an agency hearing.

The Office of Information & Regulatory Affairs (OIRA) is responsible for reviewing agency rules and coordinating rule-making activity across the federal government. Agencies develop regulations to implement policies established by Congress under the direction of the president. These rules typically go through a rule-making process that includes advanced notice to gather early feedback, a proposed rule to collect public comments, and a final rule that incorporates public comments and is added to the Code of Federal Regulations.

The Vice President's role in the Executive branch

The Vice President of the United States is the second-highest ranking office in the executive branch of the federal government, after the President. The Vice President is also an officer in the legislative branch, as the President of the Senate. In this capacity, the Vice President can preside over the Senate, but may not vote except to cast a tie-breaking vote.

The Vice President's primary role is to be ready to assume the Presidency at a moment's notice if the President is unable to perform their duties due to death, resignation, or temporary incapacitation. The Vice President is also first in the presidential line of succession.

The Vice President is indirectly elected at the same time as the President to a four-year term of office by the people of the United States through the Electoral College. The Vice President is selected by the presidential candidate as their running mate in the lead-up to the election.

The Vice President's role has expanded over time, and they are now seen as an integral part of a President's administration, often serving as a key presidential advisor, governing partner, and representative of the President. The Vice President is also a statutory member of the United States Cabinet and the United States National Security Council, playing a significant role in executive government and national security matters.

The Vice President's role within the executive branch has expanded, while their legislative branch role has contracted; for example, Vice Presidents now rarely preside over the Senate. The Vice President's role can vary depending on their relationship with the President, but they often take on tasks such as drafting and communicating policies, advising the President, and acting as a symbol of American concern or support.

In addition to their primary role, the Vice President has several other constitutional roles. They can preside over impeachment trials of federal officers (except when the President is on trial), and they preside over electoral vote counts, receiving and opening the Electoral College votes in the presence of the Senate and House of Representatives.

The Vice President also has the power to assume the Presidency temporarily if the President is unable to discharge their powers and duties, either through self-declared incapacity or in conjunction with a majority decision by the Cabinet. This was formalized in the 25th Amendment in 1967, which also provided a process for filling a vacancy in the Vice Presidency.

The Vice President's salary in 2024 is $284,600, although due to a pay freeze, the payable amount remains $235,100. The Vice President also has an official residence at Number One Observatory Circle and access to Air Force Two and Marine Two for travel.

Congressional oversight of the Executive branch

Congressional oversight is an important aspect of the American system of checks and balances, where the United States Congress monitors and supervises the executive branch, including federal agencies and their programs, activities, and policy implementation. This power is derived from the "implied" powers in the Constitution, public laws, and House and Senate rules. While not explicitly stated in the Constitution, the Supreme Court has affirmed Congress's investigative authority as essential to its legislative responsibilities.

Congressional oversight committees play a crucial role in this process. The House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs have jurisdiction over almost every area of the federal government. Congress can also appoint temporary "select" committees to investigate specific issues, such as the Watergate scandal in the 1970s and the January 6, 2021 attack on the US Capitol.

The primary goals of congressional oversight are to prevent waste, fraud, and abuse, and to protect civil liberties and individual rights by ensuring the executive branch complies with the laws and the Constitution. To achieve these goals, Congress can review and change executive branch actions, including overruling agency decisions, narrowing agency jurisdiction, and restricting funding. This power to oversee and investigate the executive branch is essential for Congress to effectively carry out its legislative and funding responsibilities.

The scope of congressional oversight is extensive, covering virtually all aspects of the executive branch. This includes the actions of the president, presidential cabinet departments, independent executive agencies, regulatory boards and commissions, and federal agencies. Congress can request information, issue subpoenas, and hold hearings to gather the necessary details for its oversight function.

The effectiveness of congressional oversight can vary depending on the political landscape. For instance, investigations of the executive branch by House committees tend to occur more frequently when the chamber is controlled by the opposing party to the White House. Nonetheless, congressional oversight remains a critical tool for maintaining accountability, improving government efficiency, and safeguarding the rights of citizens.

The President's special powers

The President of the United States derives their powers from the Constitution, inherent powers, and legislative action. While the Constitution grants few specific powers to the President, their authority has expanded through the interpretation of inherent powers and with the delegation of powers from Congress.

One of the President's key powers is the ability to negotiate treaties with other nations. However, these formal international agreements only come into effect when ratified by a two-thirds majority in the Senate. The President also has the authority to appoint various government officials, including ambassadors, members of the Supreme Court and federal courts, and cabinet secretaries. Over 2,000 of these appointments require Senate confirmation under the "advice and consent" provision of the Constitution.

The President can propose legislation and outline their legislative agenda in the State of the Union address, delivered to a joint session of Congress annually in January. Additionally, the President has the power to veto bills passed by Congress, which can only be overridden by a two-thirds vote in both houses of Congress.

The President can call Congress into a special session and adjourn Congress if the House and Senate disagree on an adjournment date. They also have the power to grant pardons for federal crimes, excluding impeachment. As Commander-in-Chief of the armed forces, the President can deploy troops into combat or combat situations without congressional authorization, although this power is now limited by the War Powers Act (1973).

The President's inherent powers, particularly in foreign policy, have been used to sign executive agreements with other countries without requiring Senate approval. The President also has executive privilege, allowing them to decide when information from the executive branch cannot be released to Congress or the courts.

Frequently asked questions