Saturday, September 17, 2016

The executive branch: A single president subject to impeachment and removal




The White House, where every president of the United States has lived (excepting the first)

Unlike the Congress, the executive branch is controlled by a single individual, who is usually referred to in the masculine in the linguistic style of that time; although there are no prohibitions on a feminine president anywhere in the Constitution, so it is possible to have a female president (although I should note that at the time I write this, it has not happened yet). With this gender clarification in mind, I will give the portion of the Constitution establishing the executive branch: "The Executive power shall be vested in a President of the United States of America. He shall hold office during the term of four years" (Source: Article 2, Section 1)



King George III, the British king that the American Revolution had been partially fought against,
and who was seen by eighteenth-century Americans as the very symbol of executive power "run amok"

The important issue of executive power was one of the greatest controversies of the Constitutional Convention, and the idea of executive power was so strongly suspected in eighteenth-century America (as "royal" and "monarchical") that the Constitution's predecessor, the "Articles of Confederation," had not even included an executive branch at all; but just a Congress with limited power. Moreover, even amongst delegates who favored having an executive branch of some kind, there were some who thought that it should actually be a plural executive (rather than a branch headed by a single individual); and so the kind of presidency advocated by the "proposed Constitution" was seen as a major threat to the people's liberties. After all, they pointed out, hadn't the colonies just fought a protracted war against a British king - the potent symbol of executive power "run amok"? The supporters of the Constitution were quick to point out that the president was subject to being voted out of office after his (or her) term of four years expired, and could also be removed through impeachment before then if he (or she) committed a crime. But even if one accepted this argument that the president wasn't just some "new way" of crowning a king (as its opponents claimed it was); still, why was it necessary to have a single executive instead of a plural executive?


Headquarters of the United States Department of Justice (or "DOJ")

The most powerful answer that the supporters of the Constitution could offer here may have been their answer that a hierarchy, led by one person, could move faster than any committee composed of rival equals, who could seldom agree amongst themselves fast enough to get anything of substance done. Debate is fine and good when you need to have word-perfect laws (as with the Congress), they argued; but in an emergency especially, there just isn't time to debate about every detail of what needs to be done, and so at least one branch of the government needs to be able to respond quickly. This would seem properly the purview of the executive branch (which is charged with "carrying out" and enforcing the laws), and the comparatively slow deliberations of the Congress - so often the source of jokes (sometimes even well-deserved ones) about legislative "inaction" - could well be more appropriately applied to the making of laws, which is (of course) the proper purview of the legislative branch. Some things (like this) require slow deliberation, these supporters of the Constitution argued; but others require fast action, and can't wait around for some committee to debate them thoroughly (or even minimally) - circumstances can require a more rapid response than that.


The Pentagon, headquarters of the United States Department of Defense

Another interesting argument is one that Alexander Hamilton actually put forward in the Federalist Papers, when he said that the president, "from the very circumstance of his being alone, will be more narrowly watched and more readily suspected" (Source: Federalist No. 70, with an alternate version saying "from the entire circumstance of his being alone"). The visibility that comes from their being the only one with the final executive power, in other words, is a powerful incentive not to mess things up; and prevents much - although not all - abuses of executive power. An individual serving as part of a committee, in other words, can "pass the buck" and evade responsibility through relative anonymity easier than an individual who has final say in the matter; which may be part of the reason that the legislature sometimes seems able to get away with more scandals than a powerful executive like the president does - they can count on nobody taking sufficient notice of them individually to hold them accountable for their actions. (Which is not a sufficient reason for applying this same principle of "one leader" to other branches, I should note here - like the legislative branch, for example, where this would be inappropriate - but it is instead an incidental benefit of having the executive power ultimately rest in one individual's very visible hands.)


Harry Truman, with his famous sign "The Buck Stops Here" (a potent symbol of accountability)

Although this is my executive branch post, it might be appropriate to mention here (by way of a brief digression) that the Constitution does include one notable (and important) protection against the evasion of responsibility by individual members of Congress; which is to force them (at times) to have their votes entered on a record that is publicly visible (Source: Article 1, Section 5, Paragraph 3) - something that reduces much (although not all) evasion of responsibility on these legislators' part. Ultimately, though, the responsibility still rests with the people to keep a watchful eye on the individual legislators, and hold those who do disreputable things strictly accountable for their actions as much as possible.


The White House from the northern side

Back to the executive branch: As far as executive power goes, the Constitution says that the president "shall take care that the laws be faithfully executed" (Source: Article 2, Section 3); and says that "The President shall be Commander-in-Chief of the Army and Navy of the United States, and of the militia of the several States, when called into the actual service of the United States" (Source: Article 2, Section 2, Paragraph 1). These may be the two most important powers of the president. The Constitution also says that the president "shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur" (Source: Article 2, Section 2, Paragraph 2) - thus specifying an important check upon this diplomatic power.


Headquarters of the United States Department of State (or "State Department"),
the part of the government most responsible for handling foreign diplomacy (an important function, to say the least)

I should note that the president is not elected directly by popular vote, but by the "electoral college" - a system the Founding Fathers created, which gives each state a certain number of electors equal to the total of its Senators and Representatives; often (but not always) with "winner-take-all" rules within the individual states, which cause the winner of that state to get all of that state's electors for the presidency. (That part is left up to the states.) The difficult part for the "electoral college" is determining how many votes each state gets, which is partially (and perhaps even largely) dependent upon the population counts from the national census every ten years. (For more on the details of how this process works, see my other post on the census, which also gives the original quotes about the electoral college.)


Andrew Johnson, the first president to be impeached, but who was not removed

The Constitution has no provision to remove a president from office in cases where they follow the law; but they do have a provision to remove the president in cases where he (or she) has committed a crime. This power is popularly known as "impeachment," although the word "impeach" merely means "to bring charges against," and (contrary to popular perception) does not mean an automatic removal from office (which is voted on in a separate proceeding). The Constitution says that "The President, Vice President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors." (Source: Article 2, Section 4) Thus the Constitution clarifies a difference between "impeachment for" and "conviction of" these high crimes.


Bill Clinton, the second (and last) president to be impeached, but who was also not removed

The difference is further clarified by the different powers of the two houses of Congress, in regards to prosecutions against the president. The Constitution says that "The House of Representatives shall choose their Speaker and other officers; and shall have the sole power of impeachment" (Source: Article 1, Section 2, Paragraph 5); but also says that "The Senate shall have the sole power to try all impeachments" (Source: Article 1, Section 3, Paragraph 6), thus specifying that "try[ing] impeachments" is different from the impeachments themselves. The Constitution further clarifies that if the Senators are "sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: and no person shall be convicted without the concurrence of two-thirds of the members present." (Source: Article 1, Section 3, Paragraph 6) Finally, the Constitution clarifies further that "Judgement in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgement and punishment, according to law." (Source: Article 1, Section 3, Paragraph 7)


Richard Nixon (the only president ever to resign from office),
who resigned under threat of certain impeachment and removal

Thus the Constitution specifies important checks on the executive power, which make it subject to the laws passed by Congress - with penalties provided for the breaking of these laws.

If you liked this post, you might also like:

How elections for the president work

The legislative branch: Two houses of Congress limited by a presidential veto

The judicial branch: The power of the courts (and its limits)

The Constitution: The "supreme law of the land" (which is difficult to amend)

Part of a series about
The Constitution

The Constitution itself, and the story behind it

Convention at Philadelphia: The writing of the Constitution (1787)
Preamble: The Constitution's mission statement, with some thoughts about separation of powers
The Congress: Its power to make laws, and the president's power to veto them (in some cases)
Frequency of elections: So how long do all of these people serve, anyway?
Representation: So who decides how many votes each state gets?
The presidency: Powers of the executive, and their being subject to impeachment
The courts: "Good behaviour," some important judicial powers, and how they're appointed
Miscellaneous: Amendment process, "supreme law of the land," and some closing remarks

Debates over the Constitution, then and since

Debates over ratification: Whether to adopt the Constitution in the first place
The "Federalist Papers": Frequently asked questions about them, and why they're important
Debates over checks & balances: Do they actually conflict with separation of powers?
The Bill of Rights: Important in the debates over ratification (adopted 1791)
The Constitution today: Some thoughts about civics education


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