Hello! Hello! Hello! Welcome to episode twenty-two of We Don’t Talk About P-word. Today, we continue our discussion of the different branches of government. 

Today’s focus is on the executive. The executive branch  has grown and expanded since our nation’s founding. As I have alluded to in the past, some of those changes have been for the good, and some not so much. 

I won’t use today’s episode to lament those changes, or even herald good ones. Today I am going to stick to discussing only two aspects of the executive branch. These are what the Constitution says about it, and how it functions.

Under the Articles of Confederation, there was no executive branch. The extent of our government was a legislature and nothing else. It de facto guided the government from as early as November 1777. Officially, it was the government from 1781 until March 1789.
In those eleven and a half years, there was no central leader of the nation. The closest we got to an executive was the fourteen  “Presidents of the Congress.” 

Here is a fact for your next trivia night. Our first official President of the Congress was John Hanson. But there were seven unofficial before Hanson, beginning with Peyton Randolph in 1774. These presidents served before the final ratification of the Articles in 1781.

The Articles of Confederation were born out of necessity and fear. Independent colonies terrified of government were attempting to form a government. The all-powerful executive scared them most of all, which is understandable. Their only frame of reference was the authoritarian European rulers of the time. That’s not to mention the despotic rulers from antiquity.

This fear permeated all aspects of the framing of our government. This was no different when it came to the Presidency. In fact, the mere existence of an executive was what many feared the most.

Article two of the Constitution defines the role of the Executive. Unlike article one ’s ten sections defining Congress, article two is only four. The Founders were nervous to enshrine too much power in the executive. 

The power of the executive as written in the Constitution is minimal. Article two, section one details five aspects of the executive: 

1.	Term of office 
2.	Election Process
3.	Qualifications to run 
4.	Compensation
5.	Oath of office

The term of office hasn’t changed since the ratification of the Constitution. The length has always been fixed at four years, but until 1951, no term limits were imposed on the Presidency.

Only three Presidents have ever chosen to stand for reelection more than once. The first was Ulysses Grant. He attempted to garner the Republican nomination for a third time in 1880. This occurred after his successor (Rutherford B. Hayes) chose not to run again. Theodore Roosevelt was the second to attempt it. Disliking his handpicked successor (William Howard Taft), he chose to run again. He failed to gain his party’s nomination, so instead he chose to run as a third-party candidate. The last President to attempt it was also the only one to be successful. Ironically, he is also the reason the possibility ended.
In 1940, Franklin Roosevelt became the first and only President to be elected to a third term. In 1944, his administration was elected to an unprecedented fourth term. He died in the early months of that fourth term.

His fourth election led many in Congress to embrace the idea of Presidential term limits. These had been argued as far back as the Constitutional Convention. More than one amendment had been introduced over the years to impose them. It wasn’t until Roosevelt’s fourth term that the support was large enough to lead to action. 

In 1951, the twenty-second amendment  was ratified. This amendment limited the election of a president to two terms. It also included a provision for a Vice President. Anyone who becomes president through succession is allowed to serve up to ten years. The amendment also exempted then-President Harry Truman from these provisions.
I am going to skip the election process for a minute and come back to it later in the episode. 

Qualifications to be President, like Senators and Representatives, are listed in the Constitution. Also like Congress, the list of qualifications is short. A President must be a natural-born citizen. They must have reached the age of thirty-five. Lastly, they must be a resident of the United States for at least fourteen years. There was also a grandfather clause included. This was for those born before the United States came into existence. Obviously, this clause no longer applies.

The next clause limits Congress's ability to adjust Presidential compensation. They cannot raise or lower the President’s compensation during their term. This was designed to protect the executive's independence. It ensured that Congress could not incentivize or punish a President through salary. This was also the subject of the eventual twenty-sixth amendment, but for Congress. (As we have discussed in the past, the twenty-sixth was introduced in 1789 but not ratified until 1992. I’m sure there is a lesson here; I’ll let you consider it.)

The last clause in section one is the President’s oath of office. In their oath, the President swears or affirms that they will:

“…preserve, protect, and defend the Constitution of the United States."

Too often, they forget this is an oath to the Constitution of the People. It is not to a party, or even worse, their own machinations.

Section two defines the role of the President, limited as it was at the time. The President is the Commander and Chief of the Army and Navy of the United States. In the deployment of US forces, the President is the ultimate authority. Members of the military work directly for the President. This was somewhat symbolic, having a civilian placed at the head of the military. This was a check on the power of our military and its leaders. It was a symbol of the People’s power over all aspects of our government.

I need to make a point here that links the executive with the legislature. The President is the commander and chief of the US military. This means only the President can deploy troops. Only Congress can declare war. This creates another check on one another. Since the early Republic, Congress has loosened their grip on this shared power. The President has often deployed troops without a declaration of war. These non-war deployments are limited by time, as stated in the War Powers Act of 1973.

The President is also the head of all executive departments. In this duty, they may require reports on the duties of said departments. It also provides the authority to grant pardons and reprieves for all federal crimes. It is important to note this only pertains to crimes against the United States. It does not include state crimes. This section also states that it may not be used to pardon or grant clemency in cases of impeachment. 

The next part of section two relates to shared powers. This is the power to make treaties and appointments. This includes appointments to executive departments and to the judiciary. These require the consent of the Senate. 

There is another Presidential power not listed in this section that is listed in article one. This is the President’s power to veto legislation. Article one, section seven covers bills passed by Congress. It says that they will be sent to the President for signature. It qualifies it by saying if they approve, they will sign it and if not, return it. It goes on to bestow Congress’s ability to override the President’s objection. 

Section three we discussed back in episode fifteen "Accomplishments Failures and Spin". This section covers the President’s mandate to provide the State of the Union. It includes their responsibility to receive foreign dignitaries. It also requires them to ensure the faithful execution of the laws of the United States. 

The fourth and final section ends article two with a method to remove them from office. The President, Vice President, and all civil officers are subject to impeachment.

The role of the President was purposely left vague. It was a foregone conclusion that the first executive would be George Washington. Washington had led our troops to victory in our Revolution. He had kept his soldiers together and kept them from mutiny after not being paid. He had voluntarily returned the Army to the control of Congress when the war was over. Washington embodied virtue and humility of the time. 

The Founders understood that the first executive would set precedent. They knew that Washington would create a template for future Presidents to follow.  The Founders left him to define the role of the Presidency.  It was either out of fear or respect for Washington that we got the executive we did. Fortunately, he did not let us down.

The Vice Presidency came into being near the end of the Constitutional Convention. Its primary purpose was to elect a leader for the Senate that would succeed to the Presidency if needed. There was also the expectation that it would lead to the election of a stronger President. Having no idea what to do with them, the Vice President was left as a bit of an afterthought.

There are literally only three constitutional roles for the Vice President. They succeed a President that leaves office early. They count the votes and declare the winners of the Presidency and Vice Presidency. Lastly, they preside over the Senate and break ties.
Our first Vice President John Adams was always frustrated by this fact. He once complained in a letter to his wife, Abigail Adams.  

He claimed that the office of Vice President is:

“…the most insignificant office that ever the invention of man contrived or his imagination conceived.” 

Even in his one assigned role as the President of the Senate, Adams wasn't fulfilled. He was regularly admonished for offering his opinion too often. (If you don’t know much about the life of Adams, let’s just say that wasn’t the first time.)

The roles of the President and the Vice President have evolved over time. Honestly, there was no other option. For much of the early Republic, the President played second fiddle to Congress. But each President had a role in shaping the modern President we see today. 

George Washington gave us the tradition of serving only two terms. That was codified with the twenty-second Amendment. Thomas Jefferson purchased Louisiana. Andrew Jackson actively used the veto, more than his six predecessors combined. He also utilized the patronage system to appoint loyalists in the government. Abraham Lincoln embraced his role as Commander in Chief. He expanded the army and ordered blockades of the South. He even suspended habeas corpus, which is the right of an offender to appear in court. Theodore Roosevelt and Woodrow Wilson both increased the President’s role in legislation. Franklin Roosevelt was elected to four (never to be repeated) terms. He solidified and strengthened Presidential power through New Deal policies.

Since ratification, the Presidency has changed the most of any branch. The Presidency of the early Republic is almost unrecognizable from today. Over the centuries, we have allowed the President more and more power. The further we get away from European despotism, the less we recall the abuses by those dictators. Over time, the Presidency has become the dominant branch of the federal government. 

The Vice Presidency remained mostly unchanged for a good part of our history. Over the decades, more than Adams have complained about the position. 

Daniel Webster was offered the position twice. He never accepted, and in response was even quoted saying, “I do not propose to be buried until I am dead.” 

Theodore Roosevelt served as William McKinley’s Vice President before becoming president. He once said,

“I would a great deal rather be anything, say, professor of history, than vice president.”

My favorite quotes come from Woodrow Wilson’s and Gerald Ford’s vice presidents . Their vice presidents were Thomas Marshall and Nelson Rockefeller, respectively. 

Marshall’s is rather long, but too blunt and funny not to mention: 

“Being vice president is comparable to a man in a cataleptic fit; he cannot speak; he cannot move; he suffers no pain; he is perfectly conscious of all that goes on but has no part in it.”

Rockefeller’s response was much shorter and to the point. 

“I go to funerals. I go to earthquakes.”

A stronger vice president is a more modern phenomenon. The futility of the vice presidency really began to change in 1981. This was due to the election of Jimmy Carter and his vice president, Walter Mondale. The two men had a strong relationship, and Mondale became known as Carter’s voice when he wasn’t present. 

Over time, the role of the Vice President has expanded to meet the needs of the President they serve. But it is still a mostly ceremonial position. If the President doesn’t include them, there is little for a vice president to do. It isn’t even a reliable route to becoming President if that’s their goal. Since John Adams, less than a third of vice presidents became President. Of the forty-nine vice presidents, only thirteen have gone on to the Presidency. Five of those were never even elected in their own right, succeeding in death or resignation. 

The Executive department is comprised of three separate offices. There is the Executive Office of the President of the United States (EOP). Second is the Cabinet of the United States. The third is the Office of the Vice President. 

I could spend an entire episode on each of these offices, so I will oversimplify them here. The EOP is those who conduct the daily operations in the White House. This includes the Chief of Staff and the President’s myriad of advisory councils. Technically, the Office of the Vice President falls under this heading. But it has grown over time to warrant its own mention. The Cabinet includes all the executive departments that head federal agencies. This includes Secretaries of State, Defense, Treasury, and the Attorney General, among others.

Like the legislative branch, the executive also has a few unique powers. First, the President is the Commander in Chief of the military. The President can sign bills into law or veto them. It is the executive branch’s job to conduct diplomacy and to negotiate and sign treaties. The President can grant pardons and clemency for federal crimes. Lastly, the President can issue executive orders. 

Executive Orders are statements that clarify, and often further, existing laws. The primary role of the executive is to ensure the laws of the United States are enforced. It is the role of Congress to write them, and the President to enforce them. Laws are passed with good intentions, but Congress cannot account for all possibilities. It is fundamentally impossible. That is when the Executive branch picks up the slack through executive orders. These orders further define laws and the means of executing them. When the law doesn’t specify, the Executive must determine how to enforce it. This is accomplished through executive orders.

The Executive checks the other two branches in a few ways. The President can veto bills from the legislature that they do not like. The President appoints judges to the judiciary. They can also pardon judgments by the judiciary. In these ways, the Executive keeps its eye on the other two branches.

The last thing I want to discuss today is the way the President is elected. It is unique and can be quite confusing, which is why I left it until the end.

I struggled to decide exactly how much I should talk about this in today’s episode. The election of the President is a convoluted and unnecessarily complicated process. I plan to address this topic in greater detail in the future. But it is important to understand it on a basic level to understand the executive branch.

When the Constitution was written, the executive branch was not popular. It had more than a few things working against it. The first one we have already addressed. The Founders feared a despotic leader, but this wasn’t their only worry to cause disagreement. Delegates from states that relied heavily on slave labor were anxious. They worried about an executive that would favor abolition. Delegates from smaller states were also worried. Their concern was being dictated to by an executive from and/or favoring larger states. In general, the Founders feared the general populace. They feared the common man  was incapable of making informed political decisions.

These fears led us to the compromise that was the electoral college. Part of the founders wanted Congress to determine the President. Others believed that a popular election by the people should determine the President. Again, the electoral college will require an entire episode, so I will attempt to keep this simple.

Let’s begin with how the Constitution designs the election of the President. Each state’s legislature directs the appointment of electors. The number of electors is equal to the total number of US Senators and House Representatives. In the context of the 2024 election, California will have fifty-four electors. That is the total of fifty-two US Representatives plus two Senators. All states have a minimum of three electors. 

No elector may be an elected or hired representative of the federal government. These electors meet in their states to vote for President and Vice President. They then send their certified vote to Washington D.C. on the dates prescribed by Congress.

Note that nothing I said says that these electors are determined by the voters. The Constitution does not require the direct election of these electors. This is similar to the way Senators were originally chosen that I noted last week. State legislatures define the method that Presidential electors are chosen through legislation. Any changes to the state laws governing elections must occur before election day. Today in all states, that means the direct election of these electors, but that has not always been the case. 

In the early days of our Republic, state legislators would appoint their electors. This means that (in some states) the People did not directly elect the President. It is important to understand that even today you do not vote for a Presidential ticket. You vote for a slate of electors that we take for granted will act in good faith and vote for our candidate.
If you are thinking this is confusing and unnecessary, you aren’t wrong. Remember what I told you last week? The Founders did not have faith in everyday Americans to choose appropriate representatives. So, they put their thumb on the scale. 

Before I wrap up today’s episode on the Executive branch, I want to draw your attention to an interesting fact. The Presidency has been amended more than any other branch of government. In total, there have been five amendments that directly relate to the Presidency.

The first is the twelfth amendment. It was ratified in 1804 following the contingent election of 1800. In the early republic , electors would vote for two candidates for President. Once all votes were tallied, the one with the most votes would be President and the second Vice President. Sadly, by 1789 they had not foreseen the rise of political parties. The 1800 election saw a tie. This was between Thomas Jefferson and his Vice-Presidential running mate Aaron Burr. If you’ve seen the musical Hamilton, you know this was a drama-filled time in the House of Representatives. The twelfth amendment was ratified in response. It separated the vote for President and Vice President.

The twentieth amendment in 1933 fixed the President's term of office. It mandated it to begin on January 20th. It also provided a way to replace a President-elect if they were to die or otherwise be unable to be sworn in. 

The twenty-second amendment we discussed earlier. It was to limit a president to two terms or a vice president who becomes president to no more than ten years. 
The twenty-third amendment assigned presidential electors to Washington, D.C. Because D.C. is not a state, they had no say in the election of the President until 1961. Today, D.C. residents still do not have representation in the Senate or the House.

In 1967, the twenty-fifth amendment  was passed. This amendment is considered the succession amendment. It provides for what happens in the case of the death or removal of a president from office. It also provides for the temporary incapacity of a President. For example, a president may be undergoing surgery, resulting in temporary incapacitation. It also provides a means for the Executive branch to remove a President from office. This is done with the agreement of the Vice President and the Cabinet. To make the removal permanent requires Congress.

This is a long-range view of the executive branch. I have provided you with a very basic understanding of the Presidency, but there is so much more. These are only highlights, but they will give you an understanding of the Presidency many do not have. 

I said it last week about Congress, and I’ll say it again this week. Understanding the Presidency is important in understanding our power. The President sets the agenda. It is important to understand how a president wields our power to achieve their  agenda. Too often, we place blame where it does not belong. The first step to fixing that is understanding how our government works. 

It is our power, and that means it is our responsibility to delegate it to those who will wield it in the name of the People. 

We the People are the Power.