UNBIASED - UNBIASED Politics (5/22/25): Part III: Everything You Need to Know About the EXECUTIVE Branch of the U.S. Government
Episode Date: May 22, 2025Get the facts, without the spin. UNBIASED offers a clear, impartial recap of US news, including politics, elections, legal news, and more. Hosted by lawyer Jordan Berman, each episode provides a r...ecap of current political events plus breakdowns of complex concepts—like constitutional rights, recent Supreme Court rulings, and new legislation—in an easy-to-understand way. No personal opinions, just the facts you need to stay informed on the daily news that matters. If you miss how journalism used to be, you're in the right place. Lately, there’s been a lot of debate—and confusion—about the separation of powers, checks and balances, and whether certain branches are overstepping their authority. I created this three-part series to help cut through the noise and give you a clear, unbiased look at how each branch is supposed to function, what powers they actually hold, and how they’re meant to keep each other in check. In today's episode, we're diving into the executive branch of the U.S. government. Intro (0:00) Fundamentals of the Executive Branch (2:07) Powers of the Executive Branch and How Checks and Balances Apply (6:50) History and Evolution of the Executive Branch (23:50) How the Executive Branch Affects Our Everyday Lives (33:34) Fun Facts (36:23) SUBSCRIBE TO JORDAN'S FREE NEWSLETTER. Watch this episode on YouTube. Follow Jordan on Instagram and TikTok. All sources for this episode can be found here. Learn more about your ad choices. Visit podcastchoices.com/adchoices
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Welcome back to Unbiased, your favorite source of unbiased news and legal analysis. Welcome back to Unbiased, your favorite source of unbiased news and legal analysis.
Welcome back to Unbiased Politics. Today is Thursday, May 22nd, and today we're talking all about the executive branch.
In case you haven't been able to tune in to the last few episodes, this is part three of a three-part series all about the US government.
Last Thursday, I released an episode all about the legislative branch. On Monday, I released an episode all about the legislative branch, on Monday I released an episode all about the judicial branch, today's episode will be all
about the executive branch. After listening to all three episodes, you will be more knowledgeable
than the average American when it comes to the US government and how it works. This is a stat I have
repeated in every episode, but I think it's important. In 2022, less than half of US adults, 47%,
could name all three branches of the US government. My goal with this three-part series is that
you listen to all three episodes and feel confident in your knowledge about the three
branches, what their powers are, how they check on each other, and how each branch has
evolved since the country's founding. I also want you to know how each branch affects you and your everyday life.
So we'll start with the foundational fact that I have repeated in every episode and
that is this.
There are three branches of the government, the legislative, the judicial, and the executive.
Together they run the country.
Simply put, the legislative sets the laws, the judicial interprets the laws, and the
executive carries out the laws, the judicial interprets the laws, and the executive carries
out the laws. There's obviously, though, so much more that goes into it than just that. That's just
the absolute basic principle that I think is very important to understand. In today's episode, like
I said, we'll focus solely on the executive branch, which includes the presidency, the vice
presidency, the federal agencies and departments, the president's cabinet, and more.
Now as far as why I'm doing this, as I've said in every episode so far, I think it's really important that we're all aware
of how these branches of government coexist with one another and what the roles of each branch are.
The founders of this country designed a system with three branches and each branch has distinct powers,
but also mechanisms in place so that
each branch can check and balance one another. So let's kick this episode off with a few of the
fundamentals when it comes to the executive branch. Whereas Article 1 of the Constitution
established the legislative branch and Article 3 established the judicial branch, it was Article 2
that created the executive branch. The Constitution has seven Articles total,
and the first three are what formed the three branches of the U.S. government. So that tells
you where the Framers' priority was when they were drafting the Constitution. Within the Executive,
we have the President, the Vice President, the President's Cabinet, the 15 Executive Departments,
the agencies within those Executive Departments, the executive office of the president, and various committees, boards,
and commissions. So let's start at the top with the president. The president not
only serves as the president and head of the executive branch, but also the
commander-in-chief of the military. To run for president, one has to be at least
35 years old at the time of inauguration, must have been a resident of the Military. To run for president, one has to be at least 35 years old at the time
of inauguration, must have been a resident of the United States for at least 14 years at the time of
inauguration, and must be a natural-born citizen of the United States. Those are the only three
requirements. The next person in line is the Vice President, who serves under the President and as
the presiding officer of the Senate.
The vice president becomes president
if the president can no longer do his job.
And the vice president has the same eligibility requirements
as the president.
The only other constitutional mandate
is that no one that is constitutionally ineligible
to be president can be eligible for vice president.
From there, we have the president's cabinet.
So the cabinet consists of the heads
of the 15 executive agencies.
So the 15 executive agencies include the Justice
Department, Commerce Department, Agriculture Department,
Energy Department, Homeland Security Department, Health
and Human Services Department, Education Department, Housing
and Urban Development Department, Transportation Department, Defense Department, Housing and Urban Development Department, Transportation
Department, Defense Department, Department of the Interior, Labor Department, State
Department, Treasury Department, and the Department of Veterans Affairs.
The heads of each of those departments are called secretaries, and that's who makes
up the president's cabinet.
The exception here when it comes to title is the Justice Department.
The head of the DOJ is called the Attorney General of the United States.
So those 15 people make up the President's Cabinet. These cabinet members advise the President on issues within their respective departments and they help carry out decisions and orders from the President within their department. So if the president says, let's just say, you know, I'm instructing the Education Department to enforce Title IX against so-and-so
university, the Education Department is responsible for doing that. The secretary,
I should say, of the Education Department. Now, within these departments you have
hundreds of federal agencies. So within the Department of Health and Human
Services, you have the CDC, the FDA, the NIH, etc. Within the DHS, you have ICE, you have Customs and Border Protection, you have the Secret
Service, TSA, etc.
So on and so forth for every department.
What that means is the heads of each department oversee the federal agencies within it.
Then you have the Executive Office of the President, or the EOP.
The EOP is different than the president's cabinet
in that it consists not of department heads,
but instead of the president's advisors
and other White House staff.
Think of people like the press secretary,
those who work in the office of management and budget,
or those who work in the White House military office.
The Senate still has to confirm certain members of the EOP,
like the head of the office of management and budget, but certain members of the EOP, like the head of the Office
of Management and Budget, but most members of the EOP are appointed with full presidential discretion,
like the press secretary. Currently, the EOP employs roughly 4,000 people. And then finally,
within the executive branch, we have these various boards, commissions, and committees. So federal
advisory boards and commissions are groups of experts in a particular subject
matter that are brought together by the executive branch to provide advice and recommendations
to the president, agency heads, or other staff.
There are roughly a thousand boards or commissions across the government and they exist within
those 15 departments we talked about.
As examples, within the DHS, we have the Commercial Customs Operations Advisory Committee, the
Data, Privacy, and Integrity Advisory Committee, the Faith-Based Security Advisory Committee,
and more.
Within the Defense Department, we have the Army Education Advisory Board, multiple different
boards of visitors, the Board of Coastal Engineering Research, and others, so on and so forth throughout
the departments.
So all of those components together make up the executive branch. Now I want to talk about the
powers that the executive branch has and how those powers are checked and balanced by the other two
branches. Starting with the president. Per the constitution, the president has certain core constitutional
powers. The first is leading the military. The president can order military action
without a formal declaration of war, but Congress still holds the power to declare
war. So that's one check. Another check on the president's military authority is
Congress's control of military funding, or funding in general, but for the
president's sake, military funding. general, but for the president's
sake, military funding.
There are ways for the president to get around this through things like the Presidential
Drawdown Authority, but those workarounds are limited.
Another check on the president's military authority is the War Powers Resolution of
1973, which requires the president to 1. notify congress within 48 hours of deploying troops and 2.
limits unauthorized military action to 60 days. now whether presidents have abided by that law
is a whole other thing. okay basically every president since 1973 has ignored it but it's
supposed to serve on as a check on the president's military authority. Next, the president has the power to veto bills. Okay,
that's another core constitutional power. However, Congress can override a veto with two-thirds vote
in both the House and Senate. In fact, presidents will sometimes threaten to veto bills to influence
what's included or not included in a bill, but the override power prevents presidents from having
total influence. Another core constitutional power is presidential nominations and appointments.
Presidents have the power to appoint federal judges, justices, cabinet members, ambassadors,
and other top officials, but the Senate must confirm them by a majority vote.
If a president's nominee is rejected, the president has to find someone else.
Another core constitutional power is negotiating treaties and foreign policies. The
president has the power to do this himself, but the Senate must ratify these
treaties with a two-thirds vote. And Congress can always pass laws that
contradict agreements with other countries, so that's another check on the
president's treaty authority. Presidents also have the pardon and clemency power. They
can pardon people for federal crimes. They can commute sentences for federal crimes. This is one
power that cannot be checked. Neither Congress nor the courts have a say when it comes to pardons.
Pardons cannot be challenged nor can they be overturned. The president also has the power
to issue executive orders. We talk about executive orders a lot on this show. Executive orders are directives for
federal officials. They are not laws. I want you to think of it like this. The
president is the head of the executive branch, so he gets to direct those that
work under him. That is what an executive order is. So perhaps an
executive order directs the HHS to conduct a review of a certain policy,
or maybe an executive order directs the DOJ to investigate a certain matter.
The boss is telling his subordinates what to do.
Executive orders can also serve as ways to interpret laws.
They don't create law, but rather interpret law.
And they'll say how the law should be carried out.
So as an example, with the current administration,
we've been seeing this push to end DEI programs
and get biological males out of female sports.
So one executive order says that the word sex
in Title IX of the Civil Rights Act
should be interpreted to mean the sex assigned
at one's birth and that biological males cannot play
on women's sports teams.
So the DOJ will now take that interpretation of Title IX
and use it to enforce Title IX violations
against schools and universities
that are not abiding by that definition of sex.
That's an example of how an executive order interprets law
but doesn't create law.
There are a couple of checks on this executive order authority. For one, courts
can strike down executive orders as unconstitutional or exceeding authority.
Two, Congress can pass laws to override or limit executive actions. Now,
before we move on to the powers of the Vice President, I do quickly want to
differentiate between executive orders and proclamations, which are two different kinds of presidential actions or executive actions, often thought of
as the same thing. An executive order, as I mentioned earlier, is a directive issued by the
president for the federal government. It instructs federal employees on how to act. A proclamation,
on the other hand, is an announcement of policy. They're usually symbolic or ceremonial,
but they can also have legal effects. So for example, a ceremonial proclamation would be
a proclamation celebrating a holiday or even creating a new holiday. Like there's a ton of
every holiday there's a proclamation, okay? A more legally binding proclamation though would be
one that actually changes policy. For instance, in 2018 Trump issued a proclamation
that imposed a 10% tariff on imported aluminum using his authority under the Trade Expansion Act
of 1962, which allows the president, by proclamation, to restrict imports if they threaten national
security. So this was a proclamation and not an executive order because the law that was used specifically delegated the president proclamation authority, but
it's more legally binding than a ceremonial proclamation because it
immediately triggered tariffs, right? It wasn't just recognizing a holiday. So
note that proclamations are not the same as executive orders because
they're not directives. Proclamations are not directives for the federal
government, whereas executive orders are. So those are just different types of executive action that,
again, can be checked by both Congress and the courts. I've already given you a lot to digest,
so let's take our first break here. When we come back, we'll talk about the powers of the
vice president as well as the federal departments and agencies and how those are checked.
as well as the federal departments and agencies and how those are checked.
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Welcome back. Before we took a break, we covered the powers of the president
and how they're checked by the other two branches of government.
Now I want to touch on the powers of the vice president,
which by the way is not a very powerful position
as you will see as we go through this.
Under the constitution, the vice president
has two primary responsibilities,
to serve as the presiding officer of the Senate
and to take the place of the president if need be.
Nowadays, the presiding officer of the Senate role
is mostly ceremonial,
but it does include a very important power,
which is to cast the tie-breaking
vote in the Senate.
So when the Senate is deadlocked, 50-50, on a particular piece of legislation, the vice
president can break that tie.
Most recently, we saw Vice President Vance do this for Defense Secretary Hegseth's confirmation.
Vice President Vance has broken two ties in the Senate so far.
Vice President Harris cast 33 tie-breaking votes
during her four years. That is something that is becoming more common because of just like the
increased polarization and narrow majorities, there's more of a need for these tie-breaking votes.
Outside of the roles explicitly set forth in the Constitution though, the Vice President has taken on
the roles explicitly set forth in the Constitution, though, the Vice President has taken on other roles over time. So these include serving as an advisor to the President, serving as a
spokesperson for the administration, giving speeches, serving as a liaison to Congress,
things of that nature. As far as actual powers go, though, the Vice President's formal powers
are pretty limited. It can be a highly influential role,
but not necessarily a powerful one. Now let's talk about the powers of executive agencies.
So executive agencies like the EPA, FDA, FCC, and SEC can issue rules and regulations that
have the force of law. That is their main power. These rules interpret and implement laws passed by Congress. So as an example,
in April of last year, the FTC finalized a rule that banned most non-compete agreements nationwide.
To do this, the FTC classified non-competes as unfair methods of competition, which it's authorized
to regulate under the FTC Act. Now, Congress never passed a law
specifically banning non-compete agreements,
but because the FTC was granted authority by Congress
to regulate practices that hinder competition,
the FTC was able to issue this rule
once it determined non-competes
to be an unfair method of competition.
Note though, that a federal court in Texas
struck down that rule after it found that
it had exceeded the FTC's authority.
And that's actually a perfect way to illustrate the checks and balances at work, right?
Now both Congress and the courts have a few ways they can check federal agencies.
For one, Congress can use the Congressional Review Act to overturn a new federal rule
so long as it's within a certain
time frame. Congress can also rewrite the underlying law that the agency rule is based upon to either
narrow or expand the agency's authority. Congress can also control the agency's budget. So at times
Congress has withheld funding for certain EPA initiatives. That way, even if the agency has legal authority, lack of funding from Congress can make it
practically impossible for the agency to act.
And then finally, Congress can conduct oversight hearings to ensure that these agencies are
acting within the scope of their authority.
When it comes to the courts, courts can strike down any agency rules that exceed the agency's authority or rules that are deemed to be arbitrary and capricious.
As an example, the Supreme Court in 2022 limited the EPA's authority to broadly regulate emissions without clear congressional oversight.
And actually, last year, there was a pretty big change, very big change, I should say, when it came to the rulemaking power of federal
agencies and the checks and balances. So until last year, whenever an agency rule was challenged
in the courts, prior Supreme Court precedent known as the Chevron Doctrine said that the court should
defer to the agency's interpretation of a law when reviewing an agency rule, so long as the agency's interpretation of the law was reasonable.
In other words, agency rules were more likely to be upheld. But last year, the
Supreme Court overturned the Chevron Doctrine and said that it's the courts
who are to interpret ambiguities in the law, not these agencies, and that no
special deference should be afforded to the agencies when courts are reviewing these legal
ambiguities. That decision was a controversial one. Some people felt as if
the court was giving itself too much power in situations that it doesn't have
specialized knowledge in, whereas others felt it was always meant to be the
courts who were the interpreters of law. So that was a big
turning point when we talk about the checks and balances that the judicial branch has on the
executive branch. Now another big power that the executive branch carries is its investigative
and enforcement authority. Congress has a similar authority, but the authority looks a little
different in the executive. In the executive, certain agencies like the DOJ,
FBI, IRS, and FTC have investigative
and enforcement powers, which allows them
to not only launch investigations and issue subpoenas
and impose fines and penalties and all that,
but specifically the DOJ can prosecute federal crimes.
That investigative and enforcement authority
is checked by both
Congress and the court. So Congress can call agency officials to testify before
it about certain investigations and it can also pass laws that limit how these
executive agency investigations are conducted. The courts can review the
legality of investigations and prosecutions as well, and courts also have the authority to suppress evidence
or dismiss a case if need be.
Finally, let's talk about diplomatic and immigration matters
because this is a hot topic right now.
So certain federal departments and agencies
like the State Department, DHS,
and the US Citizenship and Immigration Service,
all part of the executive branch,
carry out things like visa approvals, border enforcement,
refugee admissions, and diplomatic efforts.
The way that this is checked by Congress
is through immigration quotas and criteria,
controlling diplomatic funding,
and amending immigration laws.
So Congress sets the requirements for immigration.
Congress controls the funding for humanitarian aid and other diplomatic funding.
Congress makes and amends the immigration laws.
The executive agencies just carry out the laws and spend the funds that Congress gives
it.
The way the judiciary checks this diplomatic and immigration authority of the executive
is by reviewing any challenges and overturning any measures that are found to be unlawful.
So I can give you a few very recent examples of how checks and balances work in this regard.
Since January, we know ICE has been conducting nationwide arrests of individuals that are
in this country without proper legal authorization.
ICE then detains those individuals and in some cases, deports them.
ICE is completely within its legal right to arrest
and detain anyone in violation of federal immigration laws. At the same time, here in
the United States, we also have something called habeas corpus. It goes all the way back to the
Constitution and what it has been interpreted by the courts to mean is that anyone detained
by the U.S. government has a legal right to challenge the lawfulness of their detention.
So although ICE is within its legal right to arrest and detain individuals that have violated
federal immigration law, the government must provide those individuals with a chance to
challenge their detention. Now, we also have something called due process. This one's more
explicit in the Constitution. It's similar. Over time, courts have interpreted
due process to mean that every single person in the United States has a right to be heard,
meaning anyone on US soil that has been arrested or detained has a right to a hearing before
a judge. Accordingly, while ICE is within its authority to arrest and detain individuals
who have violated federal immigration law,
ICE cannot deport those individuals
without giving them an opportunity to be heard.
That is per current law in the United States.
Can the law change down the road?
Sure, but that's per current law.
So when one is deported without that opportunity
to be heard, they sue.
They sue the executive branch for exceeding its authority and failing to abide by the Constitution, and it goes to
the courts. Whatever the court says, the administration has to abide by, right? So
if the court says, hey bring that person back, the administration has to bring
that person back. Now the administration can delay bringing the person back by
filing appeals and getting what's called a stay on the court's decision, but at
the end of the day, if the appeals are exhausted
and the courts have ordered the administration
to return that individual,
the administration must abide by that.
I'll give you one more example related to immigration.
So Congress passed a law back in 1798
called the Alien Enemies Act,
something we've been talking a lot about.
The law gave the president the authority to,
so Congress gave the president the authority
to detain and deport citizens of enemy nations in times of war or
invasion and bypass due process. Recently, the president invoked this law for the purpose of
detaining and deporting suspected Trende Aragwa gang members. The rationale is that the Trende
Aragwa gang has invaded the United States and therefore the president has the lawful authority under this
you know law passed by Congress to detain and deport any suspected Trende Aragwa gang member without affording them due process.
But as with anything in the law, there is debate as to what constitutes invasion and
whether Trende Aragwa can be considered an enemy nation
because it's a gang, it's not a nation. So now it'll go to the courts to interpret this 1798 law
and try to figure out what the founders of this country intended for it to mean
and how it applies today. So far some district courts have found that the president exceeded
his authority
in invoking this law and have blocked him from deporting any additional suspected gang
members. The administration will take the issue all the way up the court system until
the Supreme Court takes up the case, assuming it decides to take it up. If the Supreme Court
says that what's happening today is not an invasion and or Ty Aragwa cannot be considered an enemy nation, the
president has exceeded his authority and he cannot lawfully deport suspected Trendy Aragwa
gang members under this law. On the contrary, if the Supreme Court finds that what's happening
today is an invasion, the president is within his authority to detain and deport suspected
Trendy Aragwa gang members without due process.
And we talked about this in the episode about the legislature, but the Supreme Court has the ultimate
and final say. So hopefully through these examples you can see how, you know, all three of these
branches are just constantly checking on each other. Let's now walk through the history and
the evolution of the executive branch starting at the beginning. When the United States declared independence in 1776,
the founders were deeply suspicious of centralized power, especially executive power. Why? Because
they had just broken away from a king, okay? So they were like, we're not doing that again.
In fact, under the Articles of Confederation, which was America's first governing document before the Constitution, there was no separate executive branch.
Congress was the one running the show.
Because there was no separate executive branch, there was no president.
There was just a presiding officer over Congress with limited powers.
So consequently, the federal government could pass laws, it just couldn't enforce the laws.
It also couldn't collect taxes or regulate trade.
So naturally, this led to a bit
of chaos and dysfunction and by the mid-1780s it was clear that the setup just wasn't working.
So at the Constitutional Convention in 1787, delegates debated whether to even have a single
executive. Some were worried about creating another king while others argued that without
a strong executive the country would be vulnerable. The result was a compromise. A single president with carefully defined powers
and checks. Article 2 was born. Article 2 specifically lays out the role of the president,
the exclusive powers of the president. So the president, as we talked about earlier,
is to serve as the commander in chief of the military. He has the power to negotiate treaties with Senate approval. He has the power to appoint judges and other officials.
He has the authority to enforce laws passed by Congress and the ability to veto legislation.
As we know, George Washington became the first president shortly after this in 1789, and he set crucial precedents.
He formed the first cabinet, he stepped down
after two terms, and he respected Congress's role in lawmaking. Remember, at the time,
the judiciary didn't really play a big role in the government, so most of the power belonged
to the president and to Congress. It was crucial that they respected one another. Throughout
the 1800s, the presidency remained relatively
constrained. Congress was the dominant branch and that is the way the framers
wanted it in the beginning. But in moments of crisis, the executive slowly
grew. Thomas Jefferson doubled the size of the country with the Louisiana
Purchase in 1803 despite constitutional questions about presidential authority.
Andrew Jackson expanded presidential power by vetoing more bills than all previous presidents combined,
and also by presenting himself as a direct representative of the people.
And Abraham Lincoln used extraordinary executive powers during the Civil War,
including suspending habeas corpus, issuing the Emancipation Proclamation,
and expanding the military without
first obtaining congressional approval. So each of these moments marked a shift towards a stronger
executive during national emergencies specifically. And that's a shift we will continue to see play
out over the course of the next 200 plus years into current day. In the early 1900s, presidents began to act more assertively, even in
peacetime. Theodore Roosevelt saw the president as a bully pulpit and believed that the president had
a duty to act unless explicitly prohibited by law. So during his presidency, he expanded national
parks, he broke up monopolies, he intervened in labor disputes. Then Woodrow Wilson led the country through World War I and promoted a more active executive
role in global affairs.
And then in the Great Depression, Franklin D. Roosevelt, FDR, led the country through
World War II, further centralizing power in the White House, and launched the New Deal,
which drastically expanded federal power and led to the creation of many, many, many new executive agencies,
including the Public Works Administration, the Federal Deposit
Insurance Corporation, the Federal Housing Administration, the Social and
not Social, the Securities and Exchange Commission, the Federal Communications
Commission. I mean so many agencies. In fact, it was FDR that created the
executive office of the president that we know today. So by the mid-1900s, the
presidency had evolved into this centralized and powerful institution
that oversaw a massive federal bureaucracy. Following World War II,
United States presidents gained even more power, especially in foreign affairs.
Harry Truman committed troops to Korea without a formal declaration of war, and United States presidents gained even more power, especially in foreign affairs.
Harry Truman committed troops to Korea without a formal declaration of war, and Lyndon B.
Johnson and Richard Nixon expanded presidential power during the Vietnam War and in domestic
surveillance programs.
This led to what scholars called the Imperial Presidency, meaning a president acting without
adequate congressional oversight.
Now, after the Watergate scandal in the 70s, Congress started a pushback on the executive
a bit.
Congress passed the War Powers Resolution, which is aimed at limiting the president's
ability to deploy military forces without congressional approval.
It also passed the Budget and Impoundment Control Act, which limited the president's
power to withhold funds appropriated by Congress. So Congress was trying to rein in the executive's power.
This was until September 11th, 2001.
We all know what happened.
And we will talk about how 9-11 shifted Congress's relationship with the executive when we come
back from a quick break.
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of the executive branch. The attacks on September 11th, 2001 fundamentally changed the presidency.
So Congress passed the Patriot Act, which expanded surveillance powers. It also
created the Department of Homeland Security, which was established to coordinate domestic security
efforts and plays a huge role nowadays. And President Bush relied on the Authorization for
Use of Military Force, which allowed US military action in places like Afghanistan, Iraq, and
elsewhere without new declarations of war
from Congress.
So this was a return to the crisis presidency that we saw earlier where national security
concerns allowed for broad executive action.
Not only that, but presidential power expanded to include warrantless surveillance and enhanced
interrogation techniques, sometimes even torture, which sparked
constitutional and human rights debates. President Obama came in in 2009 and successfully passed the
Affordable Care Act, which was the biggest piece of legislation during his presidency. But
after the Affordable Care Act passed, congressional cooperation decreased, partisanship increased, and
he started increasingly, in response to this, started increasingly using
executive actions to get past this congressional gridlock, primarily after the
2010 midterms. One example of this is DACA, right?
Obama launched DACA, the Deferred Action for Childhood Arrivals,
through executive action.
And many of Obama's actions ended up getting challenged in the court,
which led to many legal battles and court battles, which really increased judicial oversight when it came to
administrative actions. So this era really underscored how presidents used executive
tools when Congress wasn't cooperating and how the courts serve as a check on that power. This
is something we are still very much witnessing today.
Then came President Trump during Trump's first term. He continued on Obama's path of executive
action and placed a strong emphasis on this, especially on issues like immigration, trade
and regulatory policy. Executive orders were used to implement a range of initiatives,
including the travel ban, tariff policies, the border wall construction. At the same
time, the administration emphasized deregulation,
so attempting to roll back existing agency rules
across various areas, healthcare, environmental protection,
financial oversight, et cetera.
And at this time, communication on social media
really became a hallmark of the presidency. It changed how the public and the media engaged
with the executive branch. Also, like Obama's administration, Trump faced a ton of legal
challenges and that's something that's still happening right now. So then after Trump's
first administration, President Biden came in during the pandemic and he followed in
the footsteps of his predecessors by using this executive action to address not only
the short-term emergency that was the pandemic, but also long-term policy goals as well.
Biden's early executive orders addressed issues like public health, climate change, immigration,
racial equality.
And then at the same time, so before President Trump and his first administration was focused on deregulation,
Biden came in and he was focused on,
having these agencies revisit and revise rules
on environmental protections, workplace safety,
student loan policy, all of those things.
Efforts like student loan forgiveness
were initiated through agency interpretations
of existing laws.
And we know that led to high profile Supreme Court review.
And ultimately these interpretations getting shut down.
Again, another example of an of an executive action to bypass Congress,
which ultimately led to a fight in the courts.
So the Biden era continued this reliance
on administrative action and ongoing judicial review.
And like I said, not much has changed.
I mean, just in President Trump's first 100 days,
we've seen hundreds of agency actions and executive orders and tons of those are
being challenged in the courts.
So one trend we have definitely seen in the last 20 years or so as executive
action has grown, so has judicial involvement.
Courts are now regularly reviewing whether
presidents and agencies are acting within their authority, whether it's DACA, Student Loan Forgiveness, DOGE, the Alien Enemies Act,
I mean the list goes on. But it's all part of this, you know, evolution of the
executive branch. For the final segment of today's episode, before we get into
some fun facts, I want to talk about the real-world impacts of the executive
branch, how the executive branch affects UNI, because I think it's easier for us to see how the courts and Congress
shape our everyday lives because they're the ones making and interpreting the laws that
you and I have to abide by.
But it's a little harder to see the connection we have to the executive branch in our everyday
lives because the connection isn't so direct.
So let's start with something like travel.
If you've ever traveled by plane, you've been searched and screened by TSA.
That is a part of the executive
that is under the Department of Homeland Security.
The Federal Aviation Administration or FAA,
this is under the Department of Transportation
within the executive.
That's who regulates airline safety
and air traffic control.
So if you've ever seen a new rule about flight cancellations
or how airlines have to treat
their passengers, it's likely coming from a federal agency within the executive branch. Next time you
get a cash refund because your domestic flight was delayed for more than three hours, that's the
executive branch. The executive branch also plays a role in the food we eat and the medicines we take.
The FDA regulates what ingredients are allowed in our food, how medications get approved, whether certain products get recalled.
The nutrition labels you see on the food packaging,
that is the executive branch.
When it comes to our jobs,
the Department of Labor and OSHA help regulate things
like workplace conditions, minimum wage enforcement,
and overtime protections.
If your employer is required
to follow certain safety protocols or labor standards,
it's usually because of regulations
enforced by executive agencies. Student loans, this is one I'm sure we're all familiar with,
but if you've had to take out a federal student loan, that's handled by the Education Department.
The Education Department also sets guidelines for civil rights in schools. It distributes
federal education funding. It enforces laws in schools. Taxes and refunds. The IRS, part of the
Department of Treasury, manages your tax returns,
processes your refunds, enforces federal tax laws. So when you receive a tax refund,
that's the executive branch in action. The environment, the EPA issues rules about
pollution levels, clean water standards, and emissions from your cars and from factories.
So if you live in a place with smog alerts or drinking water advisories, the EPA is likely
involved in that.
And then finally, when natural disaster hits,
the Federal Emergency Management Agency or FEMA
handles relief efforts.
Similarly, when there's a public health crisis,
the CDC and HHS are both part of the executive branch.
They're the ones managing the federal response
to that crisis.
So while the legislative branch makes the laws
and the judicial branch interprets the laws, it is the legislative branch makes the laws and the judicial
branch interprets the laws, it is the executive branch through its
departments and agencies that are actually carrying them out in the real
world. Whether it's public safety, food safety, economic policy, immigration, or
travel, the executive branch is intertwined in so many aspects of our
everyday lives that we don't even realize. Okay, so we've covered a lot.
We've talked about the fundamentals.
We've walked through the executive powers,
checks and balances, the history and evolution
of the executive, and how the executive plays a role
in our everyday lives.
So let's finish with something fun
and talk about some fun facts as my favorite part.
First, did you know that the president's annual salary
is $400,000?
In the early days, the annual salary of the president
was 25,000, which would be equivalent
to about $4.5 million today, but the current salary of $400,000 has been in place since
1999.
President Washington only vetoed two bills during his entire presidency.
He felt the veto should be reserved for clearly unconstitutional laws, not just political
disagreements.
For security reasons, presidents
and former presidents are not allowed to drive on public roads. Even after they leave office,
they are chauffeured by the Secret Service, usually for life. The last president to drive
regularly in public or on public roads was Lyndon B. Johnson, who drove on his Texas ranch.
Invoking the 25th Amendment, three presidents have briefly transferred power to
their vice presidents while under anesthesia for colonoscopies. These presidents were presidents
Reagan, George W. Bush, and Biden. In each case, the vice president was technically acting president
for a few hours. Since the country's founding, executive orders have skyrocketed in use, so President Washington
only issued eight executive orders total.
So far in Trump's current presidency, he has signed more than 150.
Biden signed a total of 162 in his four years.
Obama signed a total of 276 in his eight years.
Clinton signed 364 in his eight years.
And FDR signed the most most 3,725. Granted, he was president for just over
12 years. But between 1901 and 1933, we actually saw an uptick. This was before FDR took office. So
President Theodore Roosevelt signed 1,081 during his eight years. President Woodrow Wilson signed 1,803 during his seven
years. President Calvin Coolidge signed 1,203 during his six years. And President
Hoover signed just over 1,003 during his four years. After FDR's
record-breaking presidency, the numbers did go back down to the hundreds. Next
one, as we talked about earlier, the executive office of the president did not
exist until 1939. It was created by FDR. Before that, the presidents had significantly
smaller staffs. President Lincoln, for example, only had a personal secretary and a messenger.
Now the executive employs millions. And this last one, you probably know, but it still
blows some people's minds. Did you know that the president can win the electoral college and therefore win the presidency
while losing the popular vote?
It has happened five times in history,
most recently in 2016,
when Trump won the presidency over Clinton,
despite Clinton winning the popular vote,
and in 2000, when Bush won the presidency over Gore,
despite Gore winning the popular vote.
And that is what I have for you.
I really hope you've enjoyed this three-part series. I hope you walk away with so much more knowledge than you had coming into it.
If you learned a lot, please, please, please share these episodes with your friends or your family
members or both. You can never share it with too many people. I think we could all stand to be a
little bit more informed about our government here in the United States. So please do that. As always, thank you for being here. Have a fantastic weekend, and I will talk to you next week.