who is second in command to the president


The Department of Housing and Urban Development (HUD) is the federal agency responsible for national policies and programs that address Americas housing needs, improve and develop the nations communities, and enforce fair housing laws. Please support our educational mission of increasing awareness and understanding of the U.S. Constitution. The Homeland Security Act of 2002 established the Department in response to the terrorist attacks of September 11, 2001 and brought together 22 executive branch agencies. the common strength by a single person. The Treasury Department also performs a critical role in enhancing national security by safeguarding our financial systems, implementing economic sanctions against foreign threats to the U.S., and identifying and targeting financial support networks that threaten our national security. The Department of Health and Human Services (HHS) is the United States governments principal agency for protecting the health of all Americans and providing essential human services, especially for those who are least able to help themselves. Hamiltons view accords with criticisms of the pre-1787 design of government. The Vice President also serves as the President of the United States Senate, where he or she casts the deciding vote in the case of a tie. The Secretary of Veterans Affairs oversees a budget of approximately $90 billion and a staff of approximately 235,000 employees.

In contrast to the Constitution, the Articles gave Congress the powers of making rules for the government and regulation of the said land and naval forces, and of directing their operations (emphasis added). DOI manages approximately 500 million acres of surface land, or about one-fifth of the land in the United States, and manages hundreds of dams and reservoirs. The Assistant to the President for Homeland Security and the Secretary of Homeland Security coordinate policy, including through the Homeland Security Council at the White House and in cooperation with other defense and intelligence agencies. The Department operates systems that are critical to the nations financial infrastructure, such as the production of coin and currency, the disbursement of payments owed to the American public, the collection of necessary taxes, and the borrowing of funds required by congressional enactments to run the federal government. For example, multiple Presidents have claimed that the War Powers Resolution, which limits the Presidents ability to deploy troops into hostilities without Congresss approval, is unconstitutional on this ground. The Department of Homeland Security (DHS) protects the American people from a wide range of foreign and domestic threats. The Department of the Interior (DOI) is the nations principal conservation agency. The EOP has responsibility for tasks ranging from communicating the Presidents message to the American people to promoting our trade interests abroad. But whereas the Supreme Court has largely vitiated the Calling Forth Clauses potential role as a structural check on other uses of military power, the Clause remains relevant today in helping to cement Congresss constitutional authority to circumscribe the Presidents domestic war powersauthority it has exercised in a number of circumstances, including through the Posse Comitatus Act of 1878, which requires express authorization from Congress before the military may be utilized in a domestic law enforcement capacity. And though millions of Americans vote in a presidential election every four years, the President is not, in fact, directly elected by the people. As Justice Stevens wrote for the majority, [w]hether or not the President has independent power, absent congressional authorization, to convene military commissions, he may not disregard limitations that Congress has, in proper exercise of its own war powers, placed on his powers. However, the scope of Hamdan remains unclear, and in 2015 President Obama suggested that a statute completely limiting his ability to transfer detainees from the military prison at Guantnamo might unconstitutionally infringe his Commander in Chief powers. The President is responsible for implementing and enforcing the laws written by Congress and, to that end, appoints the heads of the federal agencies, including the Cabinet. The Secretary of Labor oversees 15,000 employees on a budget of approximately $12 billion. Just as statutes that order the President to conduct warfare in a certain manner or for specific goals would be unconstitutional, so too are laws that seek to prevent the President from gaining the intelligence he believes necessary to prevent attacks upon the United States. Today, the President is limited to two four-year terms, but until the 22nd Amendment to the Constitution, ratified in 1951, a President could serve an unlimited number of terms. The USDA employs nearly 100,000 people and has an annual budget of approximately $150 billion. The agency also formulates telecommunications and technology policy, and promotes U.S. exports by assisting and enforcing international trade agreements. Together, the military and civilian arms of DOD protect national interests through war-fighting, providing humanitarian aid, and performing peacekeeping and disaster relief services. The U.S. Secretary of Education oversees the Departments 4,200 employees and $68.6 billion budget. By tradition, the President and the First Family live in the White House in Washington, D.C., also the location of the Presidents Oval Office and the offices of his or her senior staff. This peaceful mansion has been the official home of the Vice President since 1974 previously, Vice Presidents had lived in their own private residences. The mission of the Department of Justice (DOJ) is to enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans. The Secretary of State serves as the Presidents top foreign policy adviser, and oversees 30,000 employees and a budget of approximately $35 billion. Opt in to send and receive text messages from President Biden. Veterans Affairs became a cabinet-level department in 1989. The mission of the Department of Defense (DOD) is to provide the military forces needed to deter war and to protect the security of our country. Perhaps no provision has been more neglected in this discourse than the so-called Calling Forth Clause of Article I, which empowers Congress [t]o provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions. As Justice Jackson explained in his Steel Seizure concurrence. Fifteen executive departments each led by an appointed member of the Presidents Cabinet carry out the day-to-day administration of the federal government. Of course, there can simply be no question that the Constitution empowers the federal government, acting in concert, to act decisivelyand expeditiouslyduring domestic emergencies; the Constitution, after all, is not a suicide pact. But it is not nearly as straight a line from accepting that point to accepting a sweeping and potentially preclusive domestic Commander in Chief power. Second, and in contrast to the experience under the Articles of Confederation, it places such civilian superintendence in the hands of a single person. The power of the Executive Branch is vested in the President of the United States, who also acts as head of state and Commander-in-Chief of the armed forces. The White House The United States Secretary of Energy oversees a budget of approximately $23 billion and more than 100,000 federal and contract employees. [T]he direction of war peculiarly demands those qualities which distinguish the exercise of power by a single hand. One view, principally associated with Professor John Yoo, holds that attempts by Congress to control the military contrary to the Presidents desires infringe the Commander in Chief Clause by in effect depriving the President of the full ability to give commands. Apportioned by population to the 50 states one for each member of their congressional delegation (with the District of Columbia receiving 3 votes) these Electors then cast the votes for President. There are also a number of offices responsible for the practicalities of maintaining the White House and providing logistical support for the President. In particular, although Congress can make general rules regarding military conduct and can define wartime objectives, it lacks enumerated power to direct battlefield operationsa point demonstrated by examining Congresss powers under the Articles of Confederation. Organizations within the DOT include the Federal Highway Administration, the Federal Aviation Administration, the National Highway Traffic Safety Administration, the Federal Transit Administration, the Federal Railroad Administration and the Maritime Administration.

This dramatically undermines arguments evoking a broad and unilateral authority for the Commander in Chief in the circumstances contemplated by the Calling Forth Clause, i.e., to execute the Laws of the Union, suppress Insurrections and repel Invasions.. Among other perceived problems, Congress meddled in the tactical direction of the Revolutionary War. Thus, as Chief Justice Chase explained in his concurring opinion in Ex parte Milligan (1866), the Commander in Chief Clause enshrines the Presidents authority not just over the command of the forces, but also over the conduct of campaigns. And as Barron and Lederman explain, more than 200 years of usage and court precedents reflect the view that the Commander in Chief Clause does confer broad substantive war powers on the President.. The mission of the Department of Transportation (DOT) is to ensure a fast, safe, efficient, accessible and convenient transportation system that meets our vital national interests and enhances the quality of life of the American people. . Thus, in a pair of 1918 Supreme Court rulingsthe Selective Draft Law Cases and Cox v. Woodthe Justices concluded that the Calling Forth Clause does not in fact limit the circumstances in which the government may call out the militia, upholding the constitutionality of a draft designed to recruit soldiers to fight in World War I, a purely foreign conflict. Many senior advisors in the EOP work near the President in the West Wing of the White House. More from the National Constitution Center, Copyright 2022 National Constitution Center, The Girl in the Picture: Remembering Vietnam, How one telegram helped to lead America toward war, Portland, Protests and Presidential Power. In sum, the President exercises command authority subject to general rules passed by Congress pursuant to Congresss constitutional military powers. Kim Phuc, Mark Bowden, and Hannibal Lokumbe join the NCC for a unique discussion and performance centered on the Vietnam War and, On this day in 1917, President Woodrow Wilson learned of a shocking piece of paper that made Americas entry into World War I. The Departments programs are administered by 11 operating divisions, including eight agencies in the U.S. Public Health Service, two human services agencies, and the Centers for Medicare and Medicaid Services. The Cabinet is an advisory body made up of the heads of the 15 executive departments. Its mission is to protect Americas natural resources, offer recreation opportunities, conduct scientific research, conserve and protect fish and wildlife, and honor the U.S. governments responsibilities to American Indians, Alaskan Natives, and to island communities. If the United States undertakes military operations, either by authorization from Congress or under the Presidents independent powers, the Constitution makes the President Commander in Chief of all U.S. military forces, and Congress cannot give command to any other person. The Vice President also has his or her own limousine, operated by the United States Secret Service, and flies on the same aircraft the President uses but when the Vice President is aboard, the craft are referred to as Air Force Two and Marine Two. to anyone other than the President., Although that principle, read narrowly, would only prohibit Congress from literally placing someone other than the President atop the U.S. military hierarchy, it presumably also means that Congress cannot insulate parts of the military from the Presidents superintendence or interfere with the Presidents supervisory role, lest Congress have the power to effectively undermine the Presidents command authorityand, in Justice Jacksons words, convert the Clause into an empty title.. After the terrorist attacks of September 11, 2001, the Executive Branch argued that, because of the Commander in Chief Clause, various statutory limits on the Presidents authority were unconstitutional insofar as they, among other things, forbade the torture of detainees, warrantless surveillance, or the detention of U.S. citizens as enemy combatants. Washington, DC 20500. The United States Secretary of Commerce oversees a $8.9 billion budget and more than 41,000 employees. Agencies within the DOI include the Bureau of Indian Affairs, the Fish and Wildlife Service, and the U.S. Geological Survey. Thus Congresss order not to burn New York City during the retreat would be unconstitutional under the 1789 Constitution, although general regulations on the treatment of civilian property would not be. Including members of the armed forces, the Executive Branch employs more than 4 million Americans. These include the White House Military Office, which is responsible for services ranging from Air Force One to the dining facilities, and the Office of Presidential Advance, which prepares sites remote from the White House for the Presidents arrival. The brief war powers debate at the Philadelphia Convention confirms that this omission was intentional and substantive. Less visible to most Americans is the National Security Council, which advises the President on foreign policy, intelligence, and national security. Instead, the Senate selects one of their own members, usually junior members of the majority party, to preside over the Senate each day. It consists of 16 agencies, including the Animal and Plant Health Inspection Service, the Food and Nutrition Service, and the Forest Service. These cases indicate that the independent authority conveyed to the President by the Clause generally does not extend to interference with the rights and duties of U.S. civilians, at least outside the battlefield. The Department of Labor oversees federal programs for ensuring a strong American workforce. The Department of Labors mission is to foster and promote the welfare of the job seekers, wage earners, and retirees of the United States by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits, helping employers find workers, strengthening free collective bargaining, and tracking changes in employment, prices, and other national economic measurements. The Department plays a major role in supporting homeownership for low- and moderate-income families through its mortgage insurance and rent subsidy programs. The mission of the Department of Education is to promote student learning and preparation for college, careers, and citizenship in a global economy by fostering educational excellence and ensuring equal access to educational opportunity. However, contrary to the second view, the Constitutions enumeration of Congresss specific military powers indicates that Congress does not have plenary authority over military operations. Thus, as a case in point, Congress likely violated the Clause in an 1867 appropriations rider that sought to insulate Ulysses S. Grantthen the commanding general of the U.S. Armyfrom President Andrew Johnson by, among other things, requiring all orders to go through Grant (and voiding all orders that didnt); precluding Grants removal by Johnson without Senate approval; and fixing Grants headquarters in Washington (where, presumably, he would be closer to Congress). The DOJ is made up of 40 component organizations, including the Drug Enforcement Administration, the Federal Bureau of Investigation, the U.S. In the debates at Philadelphia, James Madison said that giving Congress the power to declare war would leave the President with power to repel sudden attacks.

The Vice President has an office in the West Wing of the White House, as well as in the nearby Eisenhower Executive Office Building. The President can issue executive orders, which direct executive officers or clarify and further existing laws. The Executive Office of the President (EOP) consists of the immediate staff to the President, along with entities such as the Office of Management and Budget and the Office of the United States Trade Representative.

Offices within HUD include the Federal Housing Administration, which provides mortgage and loan insurance; the Office of Fair Housing and Equal Opportunity, which ensures all Americans equal access to the housing of their choice; and the Community Development Block Grant Program, which helps communities with economic development, job opportunities, and housing rehabilitation. mushala With these powers come several responsibilities, among them a constitutional requirement to from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient. Although the President may fulfill this requirement in any way he or she chooses, Presidents have traditionally given a State of the Union address to a joint session of Congress each January (except in inaugural years) outlining their agenda for the coming year. Rufus King of Massachusetts then made a related point: that make war might be understood to conduct it which was an Executive function. The Convention adopted the proposed change, suggesting that the delegates did not want Congress to have the power to conduct war. To the contrary, the reality is that the Constitution expressly envisions a role for Congress to play in providing for governmental responses to even the most existential crises at home, however lost to modern eyes. Citizenship and Immigration Services, and the Cybersecurity and Infrastructure Security Agency. rebelcivilwar combahee overval unie darien onbeveiligd plat 1814 1871 The Department advances U.S. and global economic growth to raise American standards of living, support communities, promote racial justice, combat climate change, and foster financial stability. Congress can no more interfere with the Presidents conduct of the interrogation of enemy combatants than it can dictate strategic or tactical decisions on the battlefield. Please enable JavaScript to use this feature. Major responsibilities include United States representation abroad, foreign assistance, foreign military training programs, countering international crime, and a wide assortment of services to U.S. citizens and foreign nationals seeking entrance to the United States. In addition, Congresss power to declare war likely includes power to set wartime goals and to limit a wars scope.

The department supports U.S. business and industry through a number of services, including gathering economic and demographic data, issuing patents and trademarks, improving understanding of the environment and oceanic life, and ensuring the effective use of scientific and technical resources. The Attorney General represents the United States in legal matters, advises the President and the heads of the executive departments of the government, and occasionally appears in person before the Supreme Court. The DOE promotes Americas energy security by encouraging the development of reliable, clean, and affordable energy. 1600 Pennsylvania Ave NW by Michael D. Ramsey and Stephen I. Vladeck, Professor of Law at the University of San Diego School of Law, Dalton Cross Professor in Law at the University of Texas at Austin School of Law, The Commander in Chief Clause of Article II, Section 2 provides 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. As Justice Jackson put it in the Steel Seizure case (Youngstown Sheet & Tube Co. v. Sawyer (1952)), These cryptic words have given rise to some of the most persistent controversies in our constitutional history, with Presidents at various points claiming that it vests power to do anything, anywhere, that can be done with an army or navy., At a minimum, all agree that the Clause has two separate but related purposes: First, in response to the charge in the Declaration of Independence that the King had affected to render the Military independent of and superior to the Civil Power, it ensures civilian superintendence over the militaryand, as such, the subordination of the military to civilian (and democratically accountable) control. The departments headquarters is at the Pentagon. To be sure, it may often be difficult to draw a clear line between legislative Rules for the conduct of the military, on one hand, and executive direction of military operations on the other. The DOI manages the national parks and is tasked with protecting endangered species. As a result of this superintendence principle, when Congress authorizes military operations (such as through a declaration of war), it necessarily puts the President in charge of them. Except in the case of tie-breaking votes, the Vice President rarely actually presides over the Senate.

The mission of the Department of Energy (DOE) is to advance the national, economic, and energy security of the United States. As Alexander Hamilton explained in The Federalist No. Like the President, he or she also maintains an official residence, at the United States Naval Observatory in Northwest Washington, D.C. These departments and agencies have missions and responsibilities as widely divergent as those of the Department of Defense and the Environmental Protection Agency, the Social Security Administration and the Securities and Exchange Commission. Of the 25 million veterans currently alive, nearly three of every four served during a war or an official period of hostility. President Joseph R. Biden is the 46th President of the United States. About a quarter of the nations population approximately 70 million people are potentially eligible for V.A. While Senate confirmation is required for some advisers, such as the Director of the Office of Management and Budget, most are appointed with full Presidential discretion. In sum, the Commander in Chief Clause gives the President the exclusive power to command the military in operations approved by Congress; it probably gives the President substantial independent power to direct military operations so long has the President does not infringe exclusive powers of Congress or other provisions of the Constitution; and it may (but may not) limit Congress power to pass statutes directing or prohibiting particular military activities. This can be because of the Presidents death, resignation, or temporary incapacitation, or if the Vice President and a majority of the Cabinet judge that the President is no longer able to discharge the duties of the presidency. Appointed by the President and confirmed by the Senate, the members of the Cabinet are often the Presidents closest confidants. From the President, to the Vice President, to the Cabinet, learn more about the Executive Branch of the government of the United. Every day, the President of the United States is faced with scores of decisions, each with important consequences for Americas future. In fact, since 1792, Congress has provided specific statutory authorization for military deployments in the cases contemplated by the Calling Forth Clause, first through the militia (which President Washington called forth to help put down the Whiskey Rebellion) and subsequently through the regular federal army (as the unreliability of the militia became increasingly clear). The national government prior to the Constitution lacked separation of powers, combining legislative and executive power in a single multi-member entity, and it was thought defective on that ground. The Department of the Treasury is responsible for promoting inclusive economic prosperity for all Americans. Perhaps the most visible parts of the EOP are the White House Communications Office and Press Secretarys Office. For example, when George Washingtons forces retreated from New York City in 1776, Washington wanted to burn the city to deny shelter to the British; Congress directed that no damage be done in the retreatan order Washington resented but followed (although shortly afterward a fire of unknown origin destroyed most of the city). There are currently 538 electors in the Electoral College. Franklin Delano Roosevelt was elected President four times, serving from 1932 until his death in 1945; he is the only President ever to have served more than two terms. The Secretary of the Treasury oversees a budget of approximately $13 billion and a staff of more than 100,000 employees. The Secretary of the Interior oversees about 70,000 employees and 200,000 volunteers on a budget of approximately $16 billion. The President has the power either to sign legislation into law or to veto bills enacted by Congress, although Congress may override a veto with a two-thirds vote of both houses. In the Steel Seizure case, the Court rejected the Presidents argument that the Clause empowered the President to seize steel mills in the United States to support the Korean War, and in Milligan, the Court rejected the argument that the Clause allowed the President to use military commissions to try civilians in areas where civilian courts were still operating.
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