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1. Introduction

1.1 A Contextual Outline

The United States Constitution vests executive power in the hands of one individual- the

President of United States of America. His powers are so enormous, wide and overwhelming that

he has een descried as the !foremost ruler in the world. The office of the American President

has een organised on the asis of non-parliamentar" of Presidential form of government. There

are Presidents in parliamentar" form of government too. #ut their authorit" is greatl" limited.

The" are Constitutional or nominal head of the States. The $ndian President for example, cannot

go against the advice of the Council of %inisters which is responsile to the Parliament. $n the

USA, on the other hand, the President and his Cainet is not answerale to the &egislature. ThePresident of USA is supreme in executive sphere, ma'ing of course due allowance of some

devices of internal chec's and alances. The American President is not ound down " Cainet.

He chooses his own Cainet, which is at his est personal team of advisers. $t has een rightl"

characterised as the President(s )amil", and head of the )amil", the President, inevital"

dominates them.*+gg rightl" descrie him as the !greatest ruler of the world. According to

Henr" he exercises the largest amount of authorit" ever wielded " an" man in democrac".

uite a numer of factors are responsile for this State of affairs. The Constitution is ver" clearand une/uivocal in giving all the executive powers to the President. Secondl", though he is

indirectl" elected " the 0lectoral College, in actual practice his election has ecome direct. As

such he en1o"s a greater measure of popular support.

$ndeed, the American Constitution has made the President a real executive head rather than a

titular one as is the case in parliamentar" form of government. The American President, in

respect of his powers, is est compared to the Prime %inisters of parliamentar" democracies

en1o"ing the support of a stale ma1orit" in the legislatures. 2ow he is oth, the head of the State

as well as head of the government. $n man" other nations, there is a chief of State whose duties

are largel" protocol in nature while the Prime %inister is the centre of power. #ut the American

President is the nation(s principal spo'esman of oth domestic and foreign polic".

13is, 2anc" 42ovemer *5, 67789. :How Presidents Pass The Torch:. Time. ;etrieved %a"

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The President of United States is oth more and less than a 'ing= he is also oth more and less

than a Prime %inister.

1.2 Objectives of the Study

a. To understand the significance of the Presidential form of 3overnment.

. To find out on which Principles on which Presidential form of government runs.

c. To find out the mode of election of President of USA and his Cainet.

d. To focus on the various powers and functions and comparison with other political s"stems in

the world.

Hypothesis

The American s"stem of government, egun as an experiment in liert" and democrac" in *>>

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The research paper deals with thePresidential form of Government of USA. $n this paper the

researcher endeavours to cover the various aspects of the Presidential form of 3overnment of

USA. She has also discussed aout thedifferent organs and functions of US government and

dealt with the structure of various institutions related with the government.

1.& Or!anisation of Study

The pro1ect is divided into *7 ma1or sections. The" are

*. $ntroduction This section introduces the topic B highlights the o1ectives, methodolog"

scope B limitation of the stud".

6. Presidential S"stem of 3overnment This section explains the concept of Presidential S"stem

of 3overnment and its various characteristics.

3. The American President This section deals with the explanation of the American President as

the Head of the 3overnment in the United States.#. Powersand )unctions This section deals with different powers li'e legislative. 0xecutive

etc.

&. The ice President of the United States This section deals with the owers and functions of

the ice President of the United States.

'. +ffice of 3reat Power and Dignit" This section focuses on the idea as to how the position

of the President is important and is aundant of power and dignit".(. The President(s cainet This discusses the cainet of the President and its role.

). Similarities and Differences This provides a comparison of the US s"stem with other

s"stems.

*. Conclusion This section concludes the research wor'.

1+. ;eferences This section underlines the different references used to complete this pro1ect.

2. ,residential Syste% of -overn%ent

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A presidential s"stem is a repulican s"stem of government where a head of government is also

head of state and leads an executive ranch that is separate from the legislative ranch. The

United States, for instance, has a presidential s"stem. The executive is elected and often titled

:president: and is not responsile to the legislature and cannot, in normal circumstances, dismiss

it. The legislature ma" have the right, in extreme cases, to dismiss the executive, often through

impeachment. However, such dismissals are seen as so rare as not to contradict a central tenet of

presidentialism that in normal circumstances using normal means the legislature cannot dismiss

the executive.

The title president has persisted from a time when such person personall" presided over the

government od", as with the US President of the Continental Congress, efore the executive

function was split into a separate ranch of government and could no longer preside over the

legislative od".6

Presidential s"stems are numerous and diverse, ut the following are generall" true

The executive can veto legislative acts and, in turn, a superma1orit" of lawma'ers ma"

override the veto. The veto is generall" derived from the #ritish tradition of ro"al assent in

which an act of parliament can onl" e enacted with the assent of the monarch. The president has a fixed term of office. 0lections are held at regular times and cannot e

triggered " a vote of confidence or other parliamentar" procedures. Although in some

countries there is an exception, which provides for the removal of a president who is found to

have ro'en a law. The executive ranch is uni-personal. %emers of the cainet serve at the pleasure of the

president and must carr" out the policies of the executive and legislative ranches. Cainet

ministers or executive departmental chiefs are not memers of the legislature. However,

presidential s"stems often need legislative approval of executive nominations to the cainet,

1udiciar", and various lower governmental posts. A president generall" can direct memers of

the cainet, militar", or an" officer or emplo"ee of the executive ranch, ut cannot direct or

dismiss 1udges.5

The president can often pardon or commute sentences of convicted criminals.

2Sund/uist, Eames 4*FF69. Constitutional ;eform and 0ffective 3overnment. #roo'ings $nstitution

Press. p. **.

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Countries that feature a presidential s"stem of government are not the exclusive users of the title

of President. )or example, a dictator, who ma" or ma" not have een popularl" or legitimatel"

elected ma" e and often is called a president. &i'ewise, leaders of one-part" states are often

called presidents. %ost parliamentar" repulics have presidents, ut this position is largel"

ceremonial= notale examples include 3erman", $ndia, $reland, $srael and $tal". The title is also

used in parliamentar" repulics with an executive presidenc", and also in semi-presidential

s"stems.G

2.1 Criticis% and "isadvanta!es

Critics generall" claim three asic disadvantages for presidential s"stems

Tendenc" towards authoritarianism some political scientists sa" presidentialism raises the

sta'es of elections, exacerates their polari@ation and can lead to authoritarianism 4&in@9. Political gridloc' the separation of powers of a presidential s"stem estalishes the

presidenc" and the legislature as two parallel structures. Critics argue that this can create an

undesirale and long-term political gridloc' whenever the president and the legislative

ma1orit" are from different parties, which is common ecause the electorate usuall" expects

more rapid results from new policies than are possile 4&in@, %ainwaring and Shugart9. $n

addition, this reduces accountailit" " allowing the president and the legislature to shift

lame to each other. $mpediments to leadership change presidential s"stems often ma'e it difficult to remove a

president from office earl", for example after ta'ing actions that ecome unpopular.

3. he A%erican ,resident

3David Sirota 4August 66, 67789. :?h" cult of presidenc" is ad for democrac":. San )rancisco

Chronicle. ;etrieved 677F-7F-67

42elson, Dana D. 467789. #ad for Democrac" How the Presidenc" Undermines the Power of the

People. %inneapolis, %innesota Universit" of %innesota Press. p. 6G8. $S#2 F>8-7-8*

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Article $$, section *, of the US Constitution provides that :the executive Power shall e vested in

a President of the United States of America. He shall hold his +ffice during the Term of four

Iears, together with the ice President, chosen for the same Term...: $n addition to the powers

set forth in the Constitution, federal law has conferred upon the President specific authorit" and

responsiilit" covering a wide range of matters.

Advised " the Departments of Defence and Homeland Securit", and the Eoint Chiefs of Staff,

the President also serves as Commander $n Chief of all United States militar" forces deplo"ed

around the world.8F, that ship

has sailed.

+ne must also e at least 5 "ears of age to e president. Eohn ). Kenned" was the "oungest

person to e elected president= he was G5 "ears old when he was inaugurated in *F

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)inall", one must live in the United States for at least *G "ears to e president, in addition to

eing a natural-orn citi@en. The Constitution is vague on this point. )or example, it does not

ma'e clear whether those *G "ears need to e consecutive or what the precise definition of

residenc" is. So far, however, this re/uirement has not een challenged.>

/lection to the office of ,resident0

0ver" fourth 2ovemer, after almost two "ears of campaign h"pe and mone", over F7 million

Americans vote for the presidential candidates. Then, in the middle of Decemer, the president

and vice president of the United States are reall" elected " the votes of onl" 58 citi@ens -- the

:electors: of the 0lectoral College.

Ho the /lectoral Colle!e /lects the ,resident0

?hen one votes for a Presidential candidate he is reall" voting to instruct the electors from his

state to cast their votes for the same candidate. )or example, if one votes for the ;epulican

candidate, he is reall" voting for an elector who will e :pledged: to vote for the ;epulican

candidate. The candidate who wins the popular vote in a state wins all the pledged votes of the

stateJs electors.

The 0lectoral College s"stem was estalished in Article $$ of the Constitution and amended "

the *6th Amendment in *87G.

0ach state gets a numer of electors e/ual to its numer of memers in the U.S. House of

;epresentatives plus one for each of its two U.S. Senators. The District of Columia gets three

electors. ?hile state laws determine how electors are chosen, the" are generall" selected " the

political part" committees within the states.

0ach elector gets one vote. Thus, a state with eight electors would cast eight votes. There are

currentl" 58 electors and the votes of a ma1orit" of them , 6>7 votes , are re/uired to e elected.

7Eohn #a"lis B Steve Smith , The gloali@ation of ?orld Politics, Gth ed. 6778, +xford Universit" Press.

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Since 0lectoral College representation is ased on congressional representation, states with

larger populations get more 0lectoral College votes.

Should none of the candidates win 6>7 electoral votes, the *6th Amendment 'ic's in and the

election is decided " the House of ;epresentatives. The comined representatives of each state

get one vote and a simple ma1orit" of states is re/uired to win. This has onl" happened twice.

Presidents Thomas Eefferson in *87* and Eohn uinc" Adams in *86 were elected " the House

of ;epresentatives.8

?hile the state electors are :pledged: to vote for the candidate of the part" that chose them,

nothing in the Constitution re/uires them to do so. $n rare instances, an elector will defect and

not vote for his or her part"Js candidate. Such :faithless: votes rarel" change the outcome of theelection and laws of some states prohiit electors from casting them.F

8Anup Chand Kapur, K.K. %ishra, Select Constitutions, *

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#. ,oers and functions of the A%erican ,resident

#.1 $e!islative functions of the A%erican ,resident

The President of the United States is commonl" referred to as the most powerful person in the

free world, ut his legislative powers are strictl" defined " the Constitution and " a s"stem of

chec's and alances among the executive, legislative and 1udicial ranches of the government.

#.1.1 Approvin! $e!islation

Although it is the responsiilit" of Congress to introduce and pass legislation, it is the presidentJs

dut" to either approve those ills or re1ect them. +nce the president signs a ill into law, it goes

immediatel" into effect unless there is another effective date noted. +nl" the Supreme Court ma"

remove the law, " declaring it unconstitutional.

The president ma" also issue a signing statement at the time he signs a ill. The presidential

signing statement ma" simpl" explain the purpose of the ill, instruct the responsile executive

ranch agencies on how the law should e administered or express the presidentJs opinion of the

lawJs constitutionalit".

#.1.2 etoin! $e!islation

The president ma" also veto a specific ill, which Congress can override with a two-thirds

ma1orit" of the numer of memers present in oth the Senate and the House when the override

vote is ta'en. ?hichever chamer of Congress originated the ill ma" also rewrite the legislation

after the veto and send it ac' to the president for approval.

The president has a third option, which is to do nothing. $n this case, two things can happen. $f

Congress is in session at an" point within a period of *7 usiness da"s after the president

receives the ill, it automaticall" ecomes law. $f Congress does not convene within *7 da"s, the

ill dies and Congress cannot override it. This is 'nown as a poc'et veto.

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o Con!ressional Approval eeded

There are two wa"s that presidents can enact initiatives without congressional approval.

Presidents ma" issue a proclamation, often ceremonial in nature, such as naming a da" in honour

of someone or something that has contriuted to American societ". A president ma" also issue

an executive order, which has the full effect of law and is directed to federal agencies that are

charged with carr"ing out the order. 0xamples include )ran'lin D. ;ooseveltJs executive order

for the internment of Eapanese-Americans after the attac' on Pearl Harour, Harr" TrumanJs

integration of the armed forces and Dwight 0isenhowerJs order to integrate the nationJs schools.

Congress cannot directl" vote to override an executive order in the wa" the" can a veto. $nstead,

Congress must pass a ill cancelling or changing the order in a manner the" see fit. The president

will t"picall" veto that ill, and then Congress can tr" to override the veto of that second ill.

The Supreme Court can also declare an executive order to e unconstitutional. Congressional

cancellation of an order is extremel" rare.

#.1.3 he ,resident4s $e!islative A!enda

+nce a "ear, the president is re/uired to provide the full Congress with a State of the Union

address. At this time, the president often la"s out his legislative agenda for the next "ear,

outlining his legislative priorities for oth Congress and the nation at large.

$n order to help get his legislative agenda passed " Congress, the president will often as' a

specific lawma'er to sponsor ills and lo" other memers for passage. %emers of the

presidentJs staff, such as the vice president, his chief of staff and other liaisons with Capitol Hill

also will lo" representatives to tr" to garner support for the legislation.

A presidential veto is the re1ection of a ill passed " the ma1orit" votes of oth the House of

;epresentatives and the Senate. ?hile Congress can vote to override a presidential veto, causing

the ill to ecome law without the presidentJs approval, this is rarel" done. %ore often than not,

the threat of presidential veto is sufficient motivation for Congress to modif" the ill prior to its

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final passage. This article provides a rief overview of procedures involved in vetoing a ill and

the wa"s Congress can respond to a presidential veto.*7

#.1.# he eto ,rocess

?hen a ill is passed " oth the House and Senate, it is sent to the president for his signature.

All ills and 1oint resolutions, except those proposing amendments to the Constitution, must e

signed " the president efore the" ecome law. Amendments to the Constitution, which re/uire

a two-thirds vote of approval in each chamer, are sent directl" to the states for ratification.

?hen presented with legislation passed " oth houses of Congress, the president is

constitutionall" re/uired to act on it in one of four wa"s sign it into law within the *7-da" period

prescried in the Constitution, issue a regular veto, let the ill ecome law without his signatureor issue a :poc'et: veto.

5e!ular veto

?hen Congress is in session, the president ma", within the *7-da" period, exercise a regular veto

" sending the unsigned ill ac' to the chamer of Congress from which it originated along

with a veto message stating his reasons for re1ecting it. Currentl", the president must veto the ill

in its entiret". He ma" not veto individual provisions of the ill while approving others.

;e1ecting individual provisions of a ill is called a :line-item: veto. $n *FF

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he ,oc7et eto

?hen Congress is ad1ourned, the president can re1ect a ill " simpl" refusing to sign it. This

action is 'nown as a :poc'et veto,: coming from the analog" of the president simpl" putting the

ill in his poc'et and forgetting aout it. Unli'e a regular veto, Congress has neither the

opportunit" nor constitutional authorit" to override a poc'et veto.

Ho Con!ress responds to a veto

?hen the President returns a ill to the chamer of Congress from which it came, along with his

o1ections in the form of aveto message, that chamer is constitutionall" re/uired to

:reconsider: the ill. The Constitution is silent, however, on the meaning of :reconsideration.:According to the Congressional ;esearch Service, procedure and tradition govern the treatment

of vetoed ills. :+n receipt of the vetoed ill, the PresidentJs veto message is read into the 1ournal

of the receiving house. After entering the message into the 1ournal, the House of ;epresentatives

or the Senate complies with the constitutional re/uirement to JreconsiderJ " la"ing the measure

on the tale 4essentiall" stopping further action on it9, referring the ill to committee, postponing

consideration to a certain da", or immediatel" voting on reconsideration 4vote on override9.:

Overridin! a veto

Action " oth the House and the Senate is re/uired to override a presidential veto. A two-thirds

ma1orit" vote of the %emers present is re/uired to override a presidential veto. $f one house

fails to override a veto, the other house does not attempt to override, even if the votes are present

to succeed. The House and Senate ma" attempt to override a veto an"time during the Congress in

which the veto is issued. Should oth houses of Congress successfull" vote to override a

presidential veto, the ill ecomes law. According the Congressional ;esearch service, from

*>8F through 677G, onl" *7< of *,G8G regular presidential vetoes were overridden " Congress.**

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12

http://usgovinfo.about.com/od/thepresidentandcabinet/a/stemcellveto.htmhttp://usgovinfo.about.com/od/thepresidentandcabinet/a/stemcellveto.htmhttp://usgovinfo.about.com/od/thepresidentandcabinet/a/stemcellveto.htm

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#.2 he /xecutive ,oers

The president(s executive powers are derived from the Constitution, from the Statutes, and from

the implications of his office.

i8 Head of Ad%inistration0 He is the head of the administration. $t is his dut" to see that

the Constitution, laws and the treaties of the United States and 1udicial decisions rendered

" the federal courts are dul" enforced throughout the countr". $n the fulfillment of his

dut", he ma" direct the heads of departments and their suordinates in the discharge of

the functions vested in them " the Acts of Congress. The Constitution empowers him tore/uire the opinion, in writing, of the principal officer in each of the executive

departments. This gives him control over the Cainet.*6

ii8 ,oer of Appoint%ents0 As administrative head, the President appoints, with the advice

and consent of a simple ma1orit" of the senators present, amassadors, ministers, consults

federal 1udges, and other officers of the United States whose appointments are not

otherwise provided for in the Constitution. $f vacancies occur in such offices while the

Senate is not in session, the President ma" fill them until the end of the next session of

the Senate. Congress ma" " law vest the appointment of the inferior officers in the

President alone, in the courts of law, or in the heads of departments. $t is now a

convention that the Senate does not normall" refuse its consent to the President(s choice

of the heads of the departments who acts as his principal advisers.

iii8 Senatorial Courtesy0There are a numer of federal officers, especiall" those of a local

nature, who are su1ect to a rule 'nown as senatorial courtesy. This rule decrees that the

senate will refuse to confirm the President(s nomination of an appointee in a particular

State if either senator from the state o1ects.

iv8 ,oer of re%oval0 The power to appoint according to the Supreme Court interpretations,

includes the power to remove. Thus the senate(s consent is not necessar" for the removal

12+ur 3overnment ,The 0xecutive #ranch, The ?hite House, www.?hitehouse.com, accessed on th

%arch, 67**.

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of officers " the President. The President is the commander-in-chief of the Arm", 2av",

Air )orce and of the militia of the States when called into the service of the United States.

v8 ,oer in 9orei!n Affairs0 The conduct of foreign affairs is in the hands of the President,

ut a treat" made " him re/uires ratification of two third of the senate.

vi8 ,oer in ar0 Though the power to declare war elongs to congress as a whole, clearl"executive action ma" ring negotiations to such a pass as to ma'e war almost inevitale.

vii8 Control over Cabinet0 $t should e noted that the Cainet, as a collective od" for the

purpose of formulating the polic" of the nation, is not mentioned in the Constitution. $t is

made up of his personal choices and is completel" suordinate to him. He is not ound "

its decisions.*5

#.3 he :udicial ,oers

The President has the power to grant reprieves and pardons for offences against the Unites

States, except in cases of impeachment. $t is this constitutional power that President )ord

exercised in *F>G when he pardoned former President 2ixon, for his role in the ?atergate cover-

up.

#.# ,oers of the Head of the State

The President of the United States is not onl" the head of the executive ranch of the government,

he is also the head of the State and performs, li'e the #ritish ueen, the ceremonial dignified

functions. The functions of the head of the State and the head of the government are comined in

hiss person. This fact imparts special dignit" and prestige to his office.*G

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14httpLLwww.foreignaffairs.comLarticlesL

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&. he ice ,resident of the ;nited States

The vice president, who also is a memer of the Cainet, serves as president in the event that the

president is unale to do so for an" reason or if the president steps down. The vice president also

presides over the Senate and can cast a deciding vote in the event of a tie.

The ice President of the United States is the second-highest pulic office created " the United

States Constitution. The ice President, together with the President of the United States, is

indirectl" elected " the people through the 0lectoral College to a four-"ear term of office.The

vice president is the first person in the presidential line of succession, and would ascend to the

Presidenc" upon the death, resignation, or removal of the President.*

The vice president is also president of the United States Senate. $n that capacit", he is allowed to

vote in the Senate when necessar" to rea' a tie. ?hile Senate customs have created

superma1orit" rules that have diminished this Constitutional power, the vice president still retains

the ailit" to influence legislation 4e.g. the Deficit ;eduction Act of 6779.Pursuant to the

Twelfth Amendment, the ice President presides over the 1oint session of Congress when it

convenes to count the vote of the 0lectoral College.*