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Welcome back to Unbiased, your favorite source of unbiased news and legal analysis.
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Welcome back to Unbiased Politics. Today is Thursday, May 22, 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 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 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, 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. There's obviously though, so much more that goes into it than just that. That's just the actual 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 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 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 US government. So that tells you where the Framer's 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, 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 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 9 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, et cetera. 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, 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 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. 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.
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The.
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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. 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 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 2/3 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 internal 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 9 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 9 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 executive orders because they're not directed. 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.
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Host 2
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 roll 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 Democrats 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 speed 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. And 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 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. 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. And 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, which is. 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 court. So Congress is. 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, 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, is that anyone detained by the US 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. 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 perfect. Current, you know, 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. 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 Aragua 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. 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 trende Aragua 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.
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To figure out what the founders of.
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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. 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 trend Aragua 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 power. 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. 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 cross 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 Presidents 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 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 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 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 to push back 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. And 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 reign in the Executive's power. This was until September 11, 2001. We all know what happened and we will talk about how 911 shifted Congress's relationship with the Executive when we come back from a quick break.
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Welcome back. Continuing on with the evolution of the executive branch, the attacks on September 11, 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, you know, areas healthcare, environmental protection, financial oversight, etc 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, 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, 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 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. And 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 protection. 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 female handles relief efforts. Similarly, when there's a public health crisis, the CDC and HHS are, you know, 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. 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 transferred power to their Vice president 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 assigned 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, 3725. 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 1,000 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'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.
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UNBIASED Politics: Part III – Everything You Need to Know About the EXECUTIVE Branch of the U.S. Government
Release Date: May 22, 2025 | Host: Jordan Berman
In the final installment of the three-part series on the U.S. Government, Jordan Berman delves deep into the Executive Branch. Building upon previous episodes focused on the Legislative and Judicial branches, this episode aims to equip listeners with a comprehensive understanding of the Executive Branch's structure, powers, historical evolution, and its tangible impact on everyday life.
“In 2022, less than half of US adults, 47% could name all three branches of the US government.”
— Jordan Berman [00:32]
Foundational Elements
Jordan begins by outlining the foundational structure established by Article 2 of the U.S. Constitution, which created the Executive Branch. This branch encompasses the Presidency, Vice Presidency, federal agencies and departments, the President's Cabinet, and various committees, boards, and commissions.
“There are three branches of the government, the Legislative, the Judicial, and the Executive. Together, they run the country.”
— Jordan Berman [00:55]
Key Components
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.”
— Jordan Berman [04:15]
The Vice President
“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.”
— Jordan Berman [13:09]
The President's Cabinet
“The Cabinet consists of the heads of the 15 executive agencies. These Cabinet members advise the President on issues within their respective departments.”
— Jordan Berman [06:00]
Federal Agencies and Departments
Executive Office of the President (EOP)
“The EOP consists not of department heads, but instead of the President's advisors and other White House staff.”
— Jordan Berman [07:30]
Boards, Commissions, and Committees
“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.”
— Jordan Berman [09:00]
Presidential Powers
Jordan outlines the core constitutional powers of the President and how each is subject to checks by the Legislative and Judicial branches.
Military Authority
“The President can order military action without a formal declaration of war, but Congress still holds the power to declare war.”
— Jordan Berman [07:30]
Veto Power
“The President has the power to veto bills. However, Congress can override a veto with two-thirds vote in both the House and Senate.”
— Jordan Berman [08:20]
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.”
— Jordan Berman [09:20]
Treaty Negotiation
“The President has the power to negotiate treaties and foreign policies. The Senate must ratify these treaties with a 2/3 vote.”
— Jordan Berman [10:00]
Pardon Power
“Presidents also have the pardon and clemency power. This is one power that cannot be checked.”
— Jordan Berman [10:40]
Executive Orders
“Executive orders are directives for federal officials. They are not laws but serve as internal interpretations of laws.”
— Jordan Berman [11:10]
Vice Presidential Powers
Although constitutionally limited, the Vice President holds significant roles, especially in legislative tie-breaking and as an advisor to the President.
“The Vice President's formal powers are pretty limited. It can be a highly influential role, but not necessarily a powerful one.”
— Jordan Berman [14:00]
Executive Agencies' Powers
Federal agencies can issue rules and regulations with the force of law, interpret existing legislation, and enforce policies. However, their actions are subject to oversight and review by Congress and the judiciary.
“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.”
— Jordan Berman [18:00]
Checks and Balances
Congressional Oversight
Judicial Review
“Courts can strike down executive orders as unconstitutional or exceeding authority. Two, Congress can pass laws to override or limit executive actions.”
— Jordan Berman [12:30]
Historical Shift in Judicial Deference
“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.”
— Jordan Berman [20:30]
Jordan traces the Executive Branch's evolution from the framers' initial skepticism of centralized power to its current expansive role.
Early Years and Constitutional Design
Articles of Confederation: Absence of an executive branch led to governmental inefficiency.
Constitutional Convention of 1787: Resulted in a single-president system with defined powers to prevent monarch-like authority.
“The founders were deeply suspicious of centralized power, especially executive power... They created a single president with carefully defined powers and checks.”
— Jordan Berman [23:00]
19th Century Expansion
Presidents like Thomas Jefferson, Andrew Jackson, and Abraham Lincoln gradually expanded executive power during national crises and territorial expansions.
“Each of these moments marked a shift towards a stronger executive during national emergencies.”
— Jordan Berman [24:30]
Early to Mid-20th Century
Theodore Roosevelt and Woodrow Wilson: Assertive presidents who used executive power to address domestic and international issues.
Franklin D. Roosevelt (FDR): Centralized power through the New Deal and established the Executive Office of the President.
“FDR created the Executive Office of the President that we know today, centralizing a powerful presidency overseeing a massive federal bureaucracy.”
— Jordan Berman [27:10]
Late 20th to Early 21st Century
Imperial Presidency: Post-World War II presidents expanded authority, leading to the concept of the Imperial Presidency.
Post-Watergate: Congress enacted the War Powers Resolution and the Budget and Impoundment Control Act to restrain presidential power.
“Congress was trying to reign in the Executive's power following the Watergate scandal.”
— Jordan Berman [29:00]
Post-9/11 Era
Patriot Act and Department of Homeland Security: Significant expansion of executive power in response to terrorism.
Subsequent Administrations: Continued use and challenge of executive actions, highlighting ongoing tensions between branches.
“President Bush relied on the Authorization for Use of Military Force, which allowed US Military action without new declarations of war from Congress.”
— Jordan Berman [31:00]
Jordan elucidates how the Executive Branch influences various aspects of daily life through its departments and agencies.
Travel and Transportation
“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.”
— Jordan Berman [33:00]
Food and Medicine
“The FDA regulates what ingredients are allowed in our food, how medications get approved, whether certain products get recalled.”
— Jordan Berman [34:00]
Employment and Labor
“If your employer is required to follow certain safety protocols or labor standards, it's usually because of regulations enforced by executive agencies.”
— Jordan Berman [35:00]
Education and Taxes
“If you've had to take out a federal student loan, that's handled by the Education Department. The IRS manages your tax returns and processes your refunds.”
— Jordan Berman [36:00]
Environmental Protection
“The EPA issues rules about pollution levels, clean water standards, and emissions from your cars and factories.”
— Jordan Berman [37:00]
Emergency Management and Public Health
“When natural disaster hits, FEMA handles relief efforts. During a public health crisis, the CDC and HHS manage the federal response.”
— Jordan Berman [38:00]
To conclude, Jordan shares intriguing tidbits about the Executive Branch:
Presidential Salary
Veto Usage
Presidential Mobility
Executive Orders Trends
Electoral College vs. Popular Vote
Jordan Berman wraps up the series by emphasizing the intricate balance between the three branches of government and the vital role the Executive Branch plays in daily American life. He encourages listeners to share the knowledge gained to foster a more informed citizenry.
“I hope you walk away with so much more knowledge than you had coming into it. If you learned a lot, please share these episodes with your friends or your family members.”
— Jordan Berman [46:00]
Stay Informed with UNBIASED Politics
This episode of UNBIASED Politics offers a thorough exploration of the Executive Branch, providing clarity on its structure, powers, and influence. Whether you're a civics student or a curious citizen, Jordan Berman ensures you leave with a robust understanding of how the Executive Branch shapes the United States.