In its first three articles, the U.S. Constitution outlines the branches of the U.S. Government, the powers that they contain and the limitations to which they must adhere. Article II outlines the duties of the Executive Branch. The President of the United States is elected to a four-year term by electors from every state and the District of Columbia. The electors make up the Electoral College, which is comprised of 538 electors, equal to the number of Representatives and Senators that currently make up Congress. The citizens of each state vote for slates of electors who then vote for the President on the prescribed day, selected by Congress. To become President, a person must be a natural born citizen of the United States. Naturalized citizens are ineligible, as are persons under the age of 35. In the case that the President should be unable to perform his duties, the Vice-President becomes the President. Amendment XXII placed a two-term limit on the presidential office. War PowersCongress holds the power to declare war. As a result, the President cannot declare war without their approval. However, as the Commander in Chief of the armed forces, Presidents have sent troops to battle without an official war declaration (which happened in Vietnam and Korea). The 1973 War Powers Act attempted to define when and how the President could send troops to battle by adding strict time frames for reporting to Congress after sending troops to war, in addition to other measures, however it has not had much effect (see "War Powers Resolution" section in the Commander in Chief Powers article). NominationsThe President is responsible for nominating candidates for the head positions of government offices. The President will typically nominate cabinet officials and secretaries at the beginning of his or her presidency and will fill vacancies as necessary. In addition, the President is responsible for nominating Federal Circuit Court judges and Supreme Court justices and choosing the chief justice. These nominations must be confirmed by the Senate. While the President usually has broad appointment powers, subject to Senate approval, there are some limitations. In National Labor Relations Board v. SW General Inc. (2017), the Supreme Court found that the "Federal Vacancies Reform Act of 1998 [FVRA], which prevents a person who has been nominated to fill a vacant office requiring presidential appointment and Senate confirmation from performing the duties of that office in an acting capacity, applies to anyone performing acting service under the FVRA." Further, the President is constitutionally allowed to make recess appointments when Senate is not in session (which means that such appointments are not subject to Senate approval until the end of the session). However, In National Labor Relations Board v. Noel Canning, the Supreme Court found that "for purposes of the clause, the Senate is in session whenever it indicates that it is, as long as – under its own rules – it retains the capacity to transact Senate business." As such, the Senate can claim to always be in session, therefore preventing the President from making any recess appointments. Executive OrdersIn times of emergency, the President can override Congress and issue executive orders with almost limitless power. Abraham Lincoln used an executive order in order to fight the Civil War, Woodrow Wilson issued numerous ones related to US involvement in World War I, and Franklin Roosevelt approved Japanese internment camps during World War II with an executive order. PardonsThe U.S. Constitution gives the President almost limitless power to grant pardons to those convicted of federal crimes. While the President cannot pardon someone impeached by Congress, he or she can pardon anyone else without any Congressional involvement. The Extent of the President's PowersArticle II of the Constitution contains the vesting clause, which states: "The executive Power shall be vested in a President of the United States of America." This has historically been interpreted to mean that the President is the head of the Executive Branch, but that he is still subject to limits within that Branch (i.e. if the President fires members of the Executive Branch, Congress would have oversight and would be able to investigate the firings.) Some scholars, however, have interpreted the Vesting Clause under a much stronger lens, finding that the President has full power over the entire Executive Branch. Under this theory, commonly referred to as the Unitary Executive Theory, any decision that the President makes regarding the Executive Branch would not be subject to any sort of review or oversight (i.e. Congress would not be able to investigate the President's firings of any members of the Executive Branch). While the Supreme Court has not directly embraced or rejected this theory, Justice Alito has made comments which have caused some to think that he endorses the theory: "The president has not just some executive powers, but the executive power — the whole thing."
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The role of the Office of Management and Budget (OMB) is to assist the President as he or she prepares the Federal budget, which includes evaluating the effectiveness of the programs, policies and procedures of Federal agencies. This article needs additional citations for verification.(April 2017) The Executive Office of the President (EOP) comprises the offices and agencies[2] that support the work of the president at the center of the executive branch of the United States federal government. The EOP consists of several offices and agencies, such as the White House Office (the staff working directly for and reporting to the president, including West Wing staff and the president's closest advisers), the National Security Council, and the Office of Management and Budget.
Seal of the Executive Office Flag of the Executive Office The EOP is also referred to as a "permanent government", with many policy programs, and the people who implement them, continuing between presidential administrations. This is because there is a need for qualified, knowledgeable civil servants in each office or agency to inform new politicians.[3] The civil servants who work in the Executive Office of the President are also regarded as nonpartisan and politically neutral, so that they can give impartial advice.[3] With the increase in technological and global advancement, the size of the White House staff has increased to include an array of policy experts to effectively address various fields. In 2015, there were about 1,800 positions in the EOP,[4] most of which did not require confirmation from the U.S. Senate. The EOP is overseen by the White House chief of staff. Since January 20, 2021, that position has been held by Ron Klain, who was appointed by President Joe Biden.[5][6][7][8] The Eisenhower Executive Office Building at night In 1937, the Brownlow Committee, which was a presidentially commissioned panel of political science and public administration experts, recommended sweeping changes to the executive branch of the United States government, including the creation of the Executive Office of the President. Based on these recommendations, President Franklin D. Roosevelt in 1939 lobbied Congress to approve the Reorganization Act of 1939. The Act led to Reorganization Plan No. 1,[9] which created the EOP,[10] which reported directly to the president. The EOP encompassed two subunits at its outset: the White House Office (WHO) and the Bureau of the Budget, the predecessor to today's Office of Management and Budget, which had been created in 1921 and originally located in the Treasury Department. It absorbed most of the functions of the National Emergency Council.[11] Initially, the new staff system appeared more ambitious on paper than in practice; the increase in the size of the staff was quite modest at the start. However, it laid the groundwork for the large and organizationally complex White House staff that would emerge during the presidencies of Roosevelt's successors.[12] Roosevelt's efforts are also notable in contrast to those of his predecessors in office. During the 19th century, presidents had few staff resources. Thomas Jefferson had one messenger and one secretary at his disposal, both of whose salaries were paid by the president personally. It was not until 1857 that Congress appropriated money ($2,500) for the hiring of one clerk. By Ulysses S. Grant's presidency (1869–1877), the staff had grown to three. By 1900, the White House staff included one "secretary to the president" (then the title of the president's chief aide), two assistant secretaries, two executive clerks, a stenographer, and seven other office personnel. Under Warren G. Harding, there were thirty-one staff, although most were clerical positions. During Herbert Hoover's presidency, two additional secretaries to the president were added by Congress, one of whom Hoover designated as his press secretary. From 1933 to 1939, as he greatly expanded the scope of the federal government's policies and powers in response to the Great Depression, Roosevelt relied on his "brain trust" of top advisers, who were often appointed to vacant positions in agencies and departments, from which they drew their salaries since the White House lacked statutory or budgetary authority to create new staff positions. After World War II, in particular during the presidency of Dwight David Eisenhower, the staff was expanded and reorganized. Eisenhower, a former U.S. Army general, had been Supreme Allied Commander during the war, and reorganized the Executive Office to suit his leadership style.[13] Today, the staff is much bigger. Estimates indicate some 3,000 to 4,000 persons serve in EOP staff positions with policy-making responsibilities, with a budget of $300 to $400 million (George W. Bush's budget request for Fiscal Year 2005 was for $341 million in support of 1,850 personnel).[14] Some observers have noted a problem of control for the president due to the increase in staff and departments, making coordination and cooperation between the various departments of the Executive Office more difficult.[15] The president had the power to reorganize the Executive Office due to the 1949 Reorganization Act which gave the president considerable discretion, until 1983 when it was renewed due to President Reagan's administration allegedly encountering "disloyalty and obstruction".[15] The chief of staff is the head of the Executive Office and can therefore ultimately decide what the president needs to deal with personally and what can be dealt with by other staff, in order to avoid wasting the time of the president. Senior staff within the Executive Office of the President have the title Assistant to the President, second-level staff have the title Deputy Assistant to the President, and third-level staff have the title Special Assistant to the President.[16] The core White House staff appointments, and most Executive Office officials generally, are not required to be confirmed by the U.S. Senate, although there are a handful of exceptions (e.g., the director of the Office of Management and Budget, the chair of the Council of Economic Advisers, and the United States Trade Representative). The information in the following table is current as of January 20, 2021. Only principal executives are listed; for subordinate officers, see individual office pages.
White House officesThe White House Office (including its various offices listed below) is a sub-unit of the Executive Office of the President (EOP). The various agencies of the EOP are listed above.
Congress as well as the president has some control over the Executive Office of the President. Some of this authority stems from its appropriation powers given by the Constitution, such as the "power of the purse", which affects the Office of Management and Budget and the funding of the rest of federal departments and agencies. Congress also has the right to investigate the operation of the Executive Office, normally holding hearings bringing forward individual personnel to testify before a congressional committee.[3] The Executive Office often helps with legislation by filling in specific points understood and written by experts, as Congressional legislation sometimes starts in broad terms.[3] This table specifies the budget of the Executive Office for the years 2008–2017, and the actual outlays for the years 1993–2007.
Page 2You do not have permission to edit this page, for the following reasons: You can view and copy the source of this page: ==History== [[Image:Exec bldg.JPG|right|thumb|270px|The [[Eisenhower Executive Office Building]] at night]] In 1937, the [[Brownlow Committee]], which was a presidentially commissioned panel of [[political science]] and [[public administration]] experts, recommended sweeping changes to the executive branch of the United States government, including the creation of the Executive Office of the President. Based on these recommendations, President [[Franklin D. Roosevelt]] in 1939 lobbied Congress to approve the [[Reorganization Act of 1939]]. The Act led to Reorganization Plan No. 1,<ref name="Plan1">{{cite news |last= Roosevelt |first= Franklin D. |url= http://www.presidency.ucsb.edu/ws/index.php?pid=15748 |title= Message to Congress on the Reorganization Act |date= April 25, 1939 |department= John T. Woolley and Gerhard Peters |work= The American Presidency Project |location= Santa Barbara |publisher= University of California |access-date=May 6, 2011}}</ref> which created the EOP,<ref name="Mosher">{{cite book |last= Mosher |first= Frederick C. |title= American Public Administration: Past, Present, Future |edition= 2nd |location= Birmingham |publisher= University of Alabama Press |year= 1975 |isbn= 0817348298}}</ref> which reported directly to the president. The EOP encompassed two subunits at its outset: the [[White House Office]] (WHO) and the Bureau of the Budget, the predecessor to today's [[Office of Management and Budget]], which had been created in 1921 and originally located in the [[United States Department of the Treasury|Treasury Department]]. It absorbed most of the functions of the National Emergency Council.<ref>{{cite news |last= Roosevelt |first= Franklin D. |url= http://www.presidency.ucsb.edu/ws/index.php?pid=15760 |title= Message to Congress on Plan II to Implement the Reorganization Act |date= May 9, 1939 |department= John T. Woolley and Gerhard Peters |work= The American Presidency Project |location= Santa Barbara |publisher= University of California |quote= The plan provides for the abolition of the National Emergency Council and the transfer to the Executive Office of the President of all its functions with the exception of the film and radio activities which go to the Office of Education. |access-date=May 6, 2011}}</ref> Initially, the new staff system appeared more ambitious on paper than in practice; the increase in the size of the staff was quite modest at the start. However, it laid the groundwork for the large and organizationally complex White House staff that would emerge during the presidencies of Roosevelt's successors.<ref>{{cite web |url= https://fas.org/sgp/crs/misc/98-606.pdf |title= The Executive Office of the President: An Historical Overview |first= Harold C. |last=Relyea |publisher= Congressional Research Service |date= March 17, 2008 |access-date=April 14, 2008}}</ref> Roosevelt's efforts are also notable in contrast to those of his predecessors in office. During the 19th century, presidents had few staff resources. [[Thomas Jefferson]] had one messenger and one secretary at his disposal, both of whose salaries were paid by the president personally. It was not until 1857 that Congress appropriated money ($2,500) for the hiring of one clerk. By [[Ulysses S. Grant]]'s presidency (1869–1877), the staff had grown to three. By 1900, the White House staff included one "secretary to the president" (then the title of the president's chief aide), two assistant secretaries, two executive clerks, a [[Stenography|stenographer]], and seven other office personnel. Under [[Warren G. Harding]], there were thirty-one staff, although most were clerical positions. During [[Presidency of Herbert Hoover|Herbert Hoover's presidency]], two additional secretaries to the president were added by Congress, one of whom Hoover designated as his [[White House Press Secretary|press secretary]]. From 1933 to 1939, as he greatly expanded the scope of the federal government's policies and powers in response to the [[Great Depression]], Roosevelt relied on his "brain trust" of top advisers, who were often appointed to vacant positions in agencies and departments, from which they drew their salaries since the White House lacked statutory or budgetary authority to create new staff positions. After [[World War II]], in particular during the presidency of [[Dwight David Eisenhower]], the staff was expanded and reorganized. Eisenhower, a former U.S. Army general, had been [[Supreme Allied Commander]] during the war, and reorganized the Executive Office to suit his leadership style.<ref>{{Cite journal |last=Patterson |first=Bradley H. |date=1994 |title=Teams and Staff: Dwight Eisenhower's Innovations in the Structure and Operations of the Modern White House |jstor=27551241 |journal=Presidential Studies Quarterly |volume=24 |issue=2 |pages=277–298}}</ref> Today, the staff is much bigger. Estimates indicate some 3,000 to 4,000 persons serve in EOP staff positions with policy-making responsibilities, with a budget of $300 to $400 million (George W. Bush's budget request for Fiscal Year 2005 was for $341 million in support of 1,850 personnel).<ref>{{cite web |url= http://millercenter.org/academic/americanpresident/policy/whitehouse |title= Administration of the White House |first= John P. |last= Burke |publisher= Miller Center of Public Affairs, University of Virginia |access-date=June 6, 2009 |url-status=dead |archive-url=https://web.archive.org/web/20101117160520/http://millercenter.org/academic/americanpresident/policy/whitehouse |archive-date=November 17, 2010}}</ref> Some observers have noted a problem of control for the president due to the increase in staff and departments, making coordination and cooperation between the various departments of the Executive Office more difficult.<ref name=":1">{{Cite book|title=US politics today|last=Ashbee, Edward|isbn=978-1526124517|oclc=1108740337|year= 2019}}</ref>Return to Executive Office of the President of the United States. |