UNBIASED - Unbiased University: Everything You Need to Know About the Executive Branch of the United States Government
Episode Date: March 26, 2026UNBIASED University is in session! While Jordan is on maternity leave, she’s breaking down the most critical aspects of the United States government — the Constitution, the Bill of Rights, the thr...ee branches of the federal government, presidential elections, the evolution of political parties, and more. In this episode of UNBIASED Politics, we explore the Executive Branch of the United States government, the branch responsible for enforcing the nation’s laws. What powers does the president actually have, how is the executive branch structured, and how do federal agencies fit into the system? We break down the constitutional authorities granted to the presidency, the roles of the vice president and the Cabinet, the function of executive orders, and the ways the executive branch interacts with Congress and the courts through the system of checks and balances. Whether you are looking for a refresher on how the presidency operates or want a clearer understanding of how federal policies are implemented, this episode provides a straightforward, nonpartisan guide to the executive branch and its role in the American system of government. SUBSCRIBE TO JORDAN'S FREE NEWSLETTER. Watch this episode on YouTube. 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 Politics and to the Unbiased University Education series.
This is episode eight of the Unbiased University series.
It's also the third and final episode of the federal government mini series.
So over the last week or so, we've covered the legislative branch of the federal government as well as the judicial branch.
And today we are going to finish the three-part mini series talking about.
the executive branch. I've said this before, but I'll continue to say it in every unbiased university
episode. I want you to think of this series as a condensed law school education. This is what law school
is all about. I want you to imagine that every time you're tuning into one of these episodes,
you are sitting down in a 30 to 45 minute law school class with me as your professor. And in
each class, we will cover a different topic and talk about various cases and laws that have
shaped those topics. By the end of this series, you will have obtained your
imaginary degree from unbiased university, which means that you will be fully prepared for the show
when I come back from maternity leave and I get back to reporting on current events.
Because all of these concepts we are talking about in each of these episodes, the Constitution,
the Bill of Rights, the branches of government, presidential elections, all of these things
are in the background of every single current event that we talk about. So it's really important
that we understand these concepts on a deep level. Now, although I am on maternity,
leave as a reminder if you still are interested in getting an unbiased rundown of current events.
I am still cranking out articles on substack when I can. So definitely go ahead and subscribe to my
substack by clicking the link in these show notes for this episode. It is totally free. I just
need your email address so that I can send those articles to you when they go out. Keep in mind,
as we go through this episode, that the executive branch includes the presidency, the vice
presidency, the president's cabinet, the executive departments and agencies, and the executive
offices and staff. Okay. And by the end of this episode, you will understand exactly what each of
those things are and how they function in relation to one another. As I've mentioned in the last two
episodes, the founding fathers intentionally designed this system with three branches of government.
And each branch has its own distinct powers, but there are also mechanisms in place so that each
branch can check on one another to avoid one branch becoming too powerful. And you'll see that as we go
through this episode. Remember that the legislative branch makes the laws. The executive branch enforces
the laws and the judicial branch interprets the laws. And as a quick and final note, this episode was
originally recorded in May 2025. So if you hear me referencing dates, some of the timeframes
might be slightly off. But other than that, everything in this episode is still very much accurate
and relevant. And the episode about the executive branch begins right now. 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
and 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 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, 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, et cetera, 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 most members of the EOP are appointed with full presidential discretion, like the press
secretary. Currently, the EOP employees 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.
Okay.
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.
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, one, notify Congress within 48 hours of deploying troops,
and two, 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 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. Partons 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, you know, 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 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
as executive orders because they're not directive. 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.
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Welcome back.
Before we took a break, we covered the powers of the president and how their change.
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 Heggsett'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 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 under-examines.
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 rules. 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, you know, 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 courts. 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 U.S. 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 deport 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.
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 U.S. 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-Aaragua gang members.
The rationale is that the Trende Aragua 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 Aragua gang member without affording them due process.
But as with anything in the law, there is debate as to what constitutes invasion and whether Trenda Aragua can be considered in enemy nation, because it's, again,
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 Trende Aragua cannot be considered an enemy nation, the president has exceeded his authority and he cannot lawfully deport suspected Trende Aragua 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 Aragoa 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 not 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 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 two was born article two 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 believe
that the presidents had a duty to act in less 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,
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 President's
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 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. Welcome back. Continuing on with the
evolution 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 U.S. 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, you know, 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 in his first
administration was focused on deregulation. Biden came in and he was focused on, you know,
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 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 you and I, because
I think it's easier for us to see how the courts in 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 is 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 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 is 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
four and a half 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 president while under anesthesia for colonoscopies.
These presidents were President 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, 3,725. Ranted, 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 1,2003 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 employees 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 enjoyed today's class at Unbiased University and this three-part mini-series
on the federal government.
I hope you've learned a lot, and you are now very familiar with the components of the legislative
judicial and executive branches. And I hope that if you are surveyed in one of those surveys,
you are not one of those people that say that you don't know the three branches of government
or that you don't know what a five to four Supreme Court opinion means, I need you guys to
up that number because I was very disappointed in those 2022 and 2023 survey numbers.
So I hope you feel much more informed. And I hope to see you in the next class where we will
cover everything there is to know about the Supreme Court of the United States. And that episode is
not to be confused with the episode about the judicial branch. In the judicial branch episode, we
essentially covered the court system generally and the history of the judicial branch. This episode
that's coming out next is fully dedicated to the Supreme Court because the Supreme Court is such an
essential part of our federal government. And so it's important that we really
dive deep into the Supreme Court. So I will see you in the next class where you are bound to learn
even more.
