FEDERAL EXECUTIVE BODY AND PRESIDENT
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FEDERAL EXECUTIVE BODY AND PRESIDENT
Behye Selen Çeçen
Abstract
According to the definition accepted in the doctrine, the state is "a legal personality with
sovereign public power, or a legal entity that emerges as a result of the political organization of
a nation over a certain country." According to the state structure, it is divided into unitary and
composite states. The composite state is also divided into two as state associations and state
communities. State communities are also divided into two as federation and confederation. This
article will focus on the federation management and the presidency.
1. INTRODUCTION
Events in the history of the United States of America have contributed greatly to the formation
of the country's state organs and the development of political parties. In addition, these historical
events have led to the emergence of the federal state structure and the presidential system that
works effectively. The presidential system was first implemented in the USA. This form of state
administration emerged from the unique conditions of the country. One of the most emphasized
issues during the preparation of the US Constitution in 1787 was the issue of how the country
would be governed. The writers and politicians who contributed to the constitution of the
constitution are against the monarchy. While George Washington (1732-1799) and Alexander
Hamilton (1755-1804) advocated a single executive to be effective, James Madison (1751-
1836) and Thomas Jefferson (1743-1826) defined a single executive as tyranny and this is why
they adopted this idea. they opposed. 1 They advocated the separation of powers, which was
firmly regulated in the constitution. Those known as the "founding fathers" in U.S. history
strongly believed in the necessity of a strong executive branch to ensure the national unity of
1
Manfred G. Schmidt, Demokrasi Kuramlarına Giriş, Çev: M. Emin Köktaş, Vadi Yayınları, 2. Baskı, Ankara,
2002. s.58.
the assembled society on the continent. However, the most important issue discussed in the
constitutional arrangements is how to achieve the balance. The system that is being developed
must not threaten freedoms. For this reason, the shape of the executive branch of the USA is a
result of the state founders' search for a balance between freedom and authority.
2. THE STRUCTURE AND FEATURES OF THE PRESIDENCY SYSTEM
In the presidential system, the president serves as both the head of the executive branch and the
head of state. The president is elected by the people for a fixed term and the legislature cannot
dissolve the president. Presidential regime; There are three different areas of application as
presidential, semi-presidential and elected presidency. If we count the three basic features of
the presidential system, they can be counted as follows.
o The president, who is the head of the executive, is directly elected by the people,
separately and independently of the legislative body. Consequently, as a practical
consequence in the US context, no member of Congress can also be president or sit in
the president's cabinet. Likewise, the President of the United States cannot be a member
of Congress. 2
o In the United States, both the president and the legislature are different from each other,
but each is elected for specific terms. This period is four years for the president in the
USA. It is two years for the House of Representatives and six years for the members of
the Senate. The President has no political responsibility to Congress. As a result, the
president cannot dismiss the president of Congress. In other words, the president's
inauguration and/or retention is not dependent on Congressional approval.
o The president represents the executive almost entirely alone. The President makes
important appointments at all levels of the state without distinction. The President also
2
Pınar Akçalı, “Siyasal İstikrar ve Başkanlık Sistemi: Amerika Birleşik Devletleri Örneği”, Başkanlık Sistemi ve
Türkiye, Derleyen: İhsan Kamalak, Kalkedon Yayınları, İstanbul, 2007, s.59.
appoints his Cabinet and the staff that will serve him in the White House. In addition,
the president can appoint these people at any time and has the authority to appoint new
people in their place.
Apart from these three main features, it is necessary to focus on a few features. Apart from the
features of the general presidential system, the basic features of the US Presidential system
should also be addressed.
o Presidents perform the ceremonial duties of the head of state. In a presidential system,
presidents are usually the head of the armed forces and national civil services.
o The president initiates the law-making process, but parliamentary approval is required
for the bill to become law.
o The President appoints the Council of Ministers.
o Presidential systems do not allow for coalition governments to be formed. 3
2.1 Five Important Features of the US Presidential System
o The president is the head of the armed forces. However, the power to wage war does
not belong to the president. The power to declare war rests with Congress.
o The president has veto power. So the president can veto a law. However, there is an
exception to this authority. According to this, if two-thirds of the votes support is
obtained in both houses, the veto of the president can be overcome. 4
o Ordinarily, the President of the Congress cannot be removed from office and the
President cannot dissolve the Congress. However, in an emergency, the president of the
Congress can be removed from his post.
o The President has the power to make political appointments. However, the Senate has
the right to reject these political appointments.
3
Jose A. Cheibub, Presidentalism, Parliamentarism and Democracy, Cambridge University Press, 2007, s.7
4
Thorsten Beck, vd., “New tools and new tests in comparative political economy: The Database of Political
Institutions”, The World Bank Economic Review, Vol:15, No:1, ss.166.
o Enforcement of laws is the responsibility of the president. However, laws are passed
by discussion by Congress.
3. UNITED STATES EXECUTIVE BODY
In the United States, the executive power of the federal government is carried by the president
of the United States. The president of the United States is elected by the electoral college. The
same selection procedure applies to the vice president. United States executive branch; It
consists of the president, vice president, cabinet, administrative divisions and departments.
These organizations will be examined in the continuation of the article.
3.1 President
5
(Coat of Arms of the President's Executive Office)
(Flag of the President's Executive Office)
In the United States, the features, duties and powers of the president are generally the same as
the powers and duties of the president in the presidential system. In order to avoid repetition,
the same authorities and duties will not be discussed in this title. A few general information
about presidents in the United States will be given. Today, Joe Biden is the 46th President of
the United States. The first president of the USA was George Washington (born February 22,
1732 Westmoreland, Virginia - December 14, 1799 Mount Vernon, Virginia). In the following
section, the presidents of the United States of America who have served until today will be
shown visually.
5
https://xenosgifts.com/products/founding-fathers-postcard
6
3.2 United States Vice President
7
(Seal of the Vice President of the United States)
(Vice Presidential Flag)
The duties and powers of the vice president are close to those of the president. The vice
president is the second highest-ranking executive officer in the executive branch. The vice
president becomes President in the event of the president's resignation, removal, or death.
6
https://www.ubuy.com.tr/tr/product/471Q97LJ0-united-states-of-america-president-poster-pictures-names-ofusa-presidents-for-school-at-home-use-11-x-17-10-per-pack
7
https://www.ubuy.com.tr/tr/product/471Q97LJ0-united-states-of-america-president-poster-pictures-names-ofusa-presidents-for-school-at-home-use-11-x-17-10-per-pack
Looking at the history of America, these situations have occurred nine times, and nine times
the vice president became president for specific reasons. Under the United States Constitution,
the Vice President is the President of the Senate. The position of Vice-President begins with
the position of President of the Senate. A legal consequence of this duty is as follows: In case
of equality in the votes of the law, the power to break the tie in the Senate rests with the Vice
President. In the United States Constitution, the function of the vice president is to be the
successor to the president and the chairman of the Senate. 8 However, today, there are important
writers and politicians who think that the definition of task should be changed. For this reason,
the office of vice president is today accepted as a part of the executive body. There is no
provision in the United States Constitution as to whether the vice president belongs to the
legislature, the executive branch, or both. The fact that there is no provision in the Constitution
on this issue has also caused controversy in the doctrine. The current Vice President of the
United States is Kamala Harris. The first black woman of Indian and Caribbean descent was
elected to the post of Vice President in the history of the United States. That's why Kamala
Harris is important.
Kamala Devi Harris (Current Vice President of the United States of America)
8
Prof. Dr. Hasan Tahsin FENDOGLU, “BAŞKANLIK SİSTEMİ”, İnönü Üniversitesi Hukuk Fakültesi Dergisi
Cilt:2 Sayı:2 Yıl 2012.
3.3 Ministry of Foreign Affairs(Secretary of State)
(Seal of the United States Department of State)
Antony Blinken (Current US Secretary of State)
In fact, the full Turkish translation of the name of this office, which is Secretary of State in
English, is Secretary of State. The Secretary of State is the third highest official of the executive
branch of the United States administration. The foreign secretariat is the administrative head of
the Ministry of Foreign Affairs. It is the third most important, authoritative authority in the
executive branch. For this reason, he is the foremost of the executive ministers of the United
States. The Secretary of State is a member of the President's Cabinet. He is the highest cabinet
minister among the cabinet ministers, both in terms of succession order and due to the priority
order in the protocol. One of the most important issues for every country is international
politics. In international politics, the secretary of state is the chief adviser to the President of
the United States. Because of his role as chief advisor, the Secretary of State plays a very
important role in negotiations on international treaties. The foreign secretary personally
participates in these negotiations. He also personally participates in international organizations,
departments and conferences. In cases where he/she cannot attend personally, he/she chooses
the representatives to participate. The Secretary of State is also responsible for the consulates
of the United States.
3.4 . Other Cabinet Officials
There are multiple federal executive secretariats for the enforcement and administration of the
Federal laws of the United States. These secretariats were established by the Congress. In the
United States, the heads of the fifteen secretariats are elected by the President. The appointment
of the heads of these private secretariats is confirmed by the official "advice and consent" of
the United States Senate. In the United States, it is located in some administrative agencies,
except departments. 9 These institutions are called "agency". The administrative institutions
established are subordinate to the Executive Office of the President. They are supervised by
this office. The agencies listed below are public services of the United States.
o National Security Council,
o Office of Management and Budget,
o Council of Economic Advisers,
o Council on Environmental Quality,
o Office of the U.S. Trade Representative,
o
Office of National Drug Control Policy,
o Office of Science and Technology Policy.
9
Doç. Dr. Hayri KESER, “Başkanlık Sisteminde Yasama Ve Yürütme Organları Arasındaki Karşılıklı Etkileşim
Araçları Açısından Türkiye-Abd Hükümet Sistemlerinin Karşılaştırması”, AkdHFD Y. Aralık 2021 - C. 11 - S. 2
- p. 165
Apart from the administrative institutions listed, there are also independent administrative
institutions of the United States of America.
o United States Postal Service,
o National Aeronautics and Space Administration (NASA),
o Central Intelligence Agency (CIA),
o United States Agency for International Development,
o Environmental Protection Agency. 10
10
Thorsten Beck, vd., “New tools and new tests in comparative political economy: The Database of Political
Institutions”, The World Bank Economic Review, Vol:15, No:1, p.172.
REFERENCES
o Doç. Dr. Hayri KESER, “Başkanlık Sisteminde Yasama Ve Yürütme Organları
Arasındaki Karşılıklı Etkileşim Araçları Açısından Türkiye-Abd Hükümet
Sistemlerinin Karşılaştırması”, AkdHFD Y. Aralık 2021 - C. 11 - S.2.
o https://www.ubuy.com.tr/tr/product/471Q97LJ0-united-states-of-america-presidentposter-pictures-names-of-usa-presidents-for-school-at-home-use-11-x-17-10-per-pack
o https://xenosgifts.com/products/founding-fathers-postcard
o Manfred G. Schmidt, Demokrasi Kuramlarına Giriş, Çev: M. Emin Köktaş, Vadi
Yayınları, 2. Baskı, Ankara, 2002.
o Prof. Dr. Hasan Tahsin FENDOGLU, “BAŞKANLIK SİSTEMİ”, İnönü Üniversitesi
Hukuk Fakültesi Dergisi Cilt:2 Sayı:2 Yıl 2012.
o Pınar Akçalı, “Siyasal İstikrar ve Başkanlık Sistemi: Amerika Birleşik Devletleri
Örneği”, Başkanlık Sistemi ve Türkiye, Derleyen: İhsan Kamalak, Kalkedon Yayınları,
İstanbul, 2007.
o Jose A. “Cheibub, Presidentalism, Parliamentarism and Democracy”, Cambridge
University Press, 2007.
o Thorsten Beck, vd., “New tools and new tests in comparative political economy: The
Database of Political Institutions”, The World Bank Economic Review, Vol:15, No:1.