The Presidency

Qualifications

Natural born citizen 35 Years Old14 Years a Resident

Elect the President

• Every eligible citizen in each state and DC can vote• Whichever party wins the majority of the popular vote within the

state gets the electors (though in some states they split them based on the % of popular vote)

• Each state gets electors = to representatives to U.S. House of Rep + 2 senators.

• Meet at Srare Capital on 2nd Wed. in Dec. to vote• All states electoral votes are counted in DC on January 6th

• 270 Electoral votes required to win• If no 270, HoR votes (1 vote per state, 26 votes needed)• If HoR can’t decide, V.P. serves until they do• If no VP wins majority, senate chooses between top 2 nominees

– Only happened once in 1837, Richard Johnson

Defects in the Electoral College

• Majority take-all doesn’t match popular vote– CA: 1 elector = 551, 122– AK: 1 elector = 183,384

• No federal law that elector has to vote for state majority

• House having to select gives AK to CA

• If strong 3rd party candidate, house might not reach 26 votes

Proposed Electoral College Reforms

• District Plan– 2 electors (same # as Senators) vote as state– # of electors (same # as Reps) vote as district– Problem: Popular vote still could lose, ex. Kennedy v. Nixon in 1960

• Proportional Plan– Win the % of electors = to state vote– Problem: Popular vote still could lose as as smaller states over-

weighted with electors v. population– Smaller parties could win electoral votes, making 270 nearly impossible

and turning vote over to House• Direct Popular Election

– Small states lose advantage– Could weaken Federalism b/c states lose their role in choice of pres.– Voter fraud increased because individual votes mean more

The Roles of the President

Chief ofParty

ChiefLegislator

Commander&

Chief

ChiefDiplomat

Chief of Economy

Chief Executive

Chief of State

President

Chief of State

• This role requires a president to be an inspiring example for the American people. In some nations, the chief of state is a king or a queen who wears a crown on special occasions, celebrates national holidays, and stands for the highest values and ideals of the country. As the American Chief of State, the president is a living symbol of the nation. It is considered a great honor for any citizen to shake the president's hand.

Examples of Behavior as Chief of State

• Awarding medals to the winners of college scholarships.

• Congratulating astronauts on their journey into space.

• Greeting visitors to the White House.

• Making a patriotic speech on the Fourth of July.

Chief Executive

• The president is "boss" for millions of government workers in the Executive Branch, deciding how the laws of the United States are to be enforced and choosing officials and advisers to help run the Executive Branch.

Examples of Behavior as Chief Executive

• Appointing someone to serve as head of the Central Intelligence Agency (CIA).

• Holding a Cabinet meeting to discuss government business.

• Reading reports about problems of the Federal Bureau of Investigation (FBI).

Chief Guardian of the Economy

• In this role, the president is concerned with such things as unemployment, high prices, taxes, business profits, and the general prosperity of the country. The president does not control the economy, but is expected to help it run smoothly.

Examples of Behavior as Chief Guardian of Economy

• Meeting with economic advisers to discuss ways to reduce unemployment.

• Meeting with business and labor leaders to discuss their needs and problems.

Chief Diplomat

• The president decides what American diplomats and ambassadors shall say to foreign governments. With the help of advisers, the president makes the foreign policy of the United States.

Examples of BehaviorsChief Diplomat

• Traveling to London to meet with British leaders.

• Entertaining Japanese diplomats in the White House.

• Writing a message or a letter to the leaders of the Soviet Union.

Commander-in-Chief

• The president is in charge of the U.S. armed forces: the Army, Navy, Air Force, and Marines. The president decides where troops shall be stationed, where ships shall be sent, and how weapons shall be used. All military generals and admirals take their orders from the President.

Examples of Behavior as Commander-in-Chief

• Inspecting a Navy yard.

• Deciding, in wartime, whether to bomb foreign cities.

• Calling out troops to stop a riot.

Chief Legislator

• Only Congress has the actual power to make laws. But the Constitution gives the president power to influence Congress in its lawmaking. Presidents may urge Congress to pass new laws or veto bills that they do not favor.

Examples of Behavior as Chief Legislator

• Inviting members of Congress to lunch in the White House.

• Signing a bill of Congress.

• Making a speech in Congress.

Chief of Party

• In this role, the president helps members of his political party get elected or appointed to office. The president campaigns for those members who have supported his policies. At the end of a term the president may campaign for reelection.

Examples of Behavior as Chief of Party

• Choosing leading party members to serve in the Cabinet.

• Traveling to California to speak at a rally for a party nominee to the U.S. Senate.

Why has the Power of the Presidency Increased since G.W.?

• State of U.S. social and economic life increasingly complex, calls for leadership in an industrialized and technologically advanced country.

– transportation– labor-management relations– civil rights– health– welfare– communications– education– environmental protection– decisive action in times of national crisis

Where does he get his power?

• President can gain control due to specific elements– role as Chief legislator– role as Chief citizen– role as Party Leader– ran attract and hold public attention, making it easier

to gain support for public policy and actions

– use of media

Major Responsibility: Executing Laws

• Constitution says he shall “Faithfully execute” the laws

– Executes = enforces, administers, carries out– Consists of all federal laws, even if he does not

agree with it– Example: Congress passes Immigration Reform

Legislation• Executive Branch must ‘execute’ the law:

– President would assign Immigration and Naturalization Services, an office under the Justice Department, to draw up appropriate documents and details, for example if there was a language requirement to be a citizen.

Ordinance Power

• Executive Order—a directive, rule, or regulation that has the effect of law. – Example: Gitmo closed in 1 year

• Ordinance Power—authority to issue executive orders comes from 2 sources

a. The Constitutionb. Acts of Congress—due to # of people president has working for him, congress

has often delegated authority to president and staff to spell out policies and programs.

Appointing Power

With Senate consent, president names most of top ranking Federal Gov’t. officers (of nearly 3 million civilian employees)

• ambassadors• other diplomats• cabinet members and their top aides• heads of independent agencies

– Environmental Protection Agency– National Aeronautics and Space Administration

• all federal judges• federal attorneys• officers in armed forces

– Courtesy plays a role in Senate approval (majority of senators present + voting is required for authorization)

Removal power

• President may remove any officers he appointed EXCEPT federal judges.

• V.P. cannot because he is elected by the people

Diplomatic PowerPower to Make Treaties

• A formal agreement between 2 or more sovereign states • Senate must approve by 2/3 of those present• Senate and not House b/c secrecy thought necessary in foreign relations and House

too big a body to keep secret—originally Senate only 26 members.• Based on need for 2/3, a small group can reject a treaty, example: Senate rejected

Versailles Treaty in 1919 which included provisions for League of Nations (President Wilson’s baby)

Executive Agreements– A pact b/w President and heads of foreign states– Does NOT require senate consent– Typically based on legislation or treaty already passed by senate, but not

alwaysPower of Recognition– President receives the diplomatic rep.’s of another sovereign state—he is

acknowledging the existence of that country and gov’t.– Does not mean that one country approves of another’s character or conduct– Used as weapons in foreign relations

– Recognition can help a new country survive turbulent beginnings» 1903 Pres. Roosevelt recognized Panama within 3 days, after we helped them win a

Revolution against Colombia» 1948 Pres. Truman recognized Israel within 24 hrs.

Military Powers– Undeclared War

• 1. More than 200 times, Presidents have used forces without a declaration of war

– Wartime Powers• powers as commander in chief are far greater during war• example—during World War II congress gave Pres power to ration food and

gasoline, control wages and prices, and seize and operate certain industries.• Pres. Can use armed forces to keep domestic peace, including calling on state

militia’s– War Powers Resolution

• designed to place close limits on President’s war-making powers• A result of Vietnam, passes in 1973• Nixon vetoed the act and congress overrode the veto• Central Provisions

– After committing American troops to combat, Pres. Must report detailed circumstances to Congress

– Combat commitment must end within 60 days, can be extended another 30 to assure safe return of troops

– Congress may bring an end to combat commitment at any time by passing a resolution– Constitutionality still a dispute, won’t be determined until Congress demand Pres. Follow

their provision and he disobeys.

Legislative PowersRecommend LegislationVeto power

1. Sign a bill2. Veto a bill3. Bill becomes law by NOT acting on it for 10 days4. Pocket veto—congress adjourns before 10 days after sending bill to Pres. And he has not acted on it, it dies5.Line-item veto, for appropriations (spending) bill--

ILLEGAL Other Legislative Powers

1.Call Congress into special session– Adjourn congress when the houses cannot agree on a date of

adjournment

Judicial Powers

• Reprieve—postponement of the execution of a sentence

• Pardon—legal forgiveness of a federal crime• Commutation—power to commute (reduce) the

length of a sentence or a fine imposed by a court

• Amnesty—general pardon offered to a group of violators

– example—Mormons pardoned in 1893 by Pres. Harrison for antipolygamy laws

– 1977 Pres. Carter gave amnesty to Vietnam War draft evaders

Who Else Makes up the Executive Branch?

• Besides the V.P. there are many departments and independent agencies that report their findings to the president– Examples: CIA, Commission on Civil Rights, Federal Reserve

System, Postal Service

• 3 Kinds of Independent Agencies– Independent Executive Agency

• Same as 14 executive departments but not in cabinet

– Independent Regulatory Agency• Largely beyond reach of President control or regulation

– Government Corporations• Regulated and controlled by President but complete business

functions (however, monitored & limited, so not capitalist business)– ex. Post Office, FDIC, Medicare

The Cabinet

• Informal advisory body

• Not in Constitution

• Heads of 14 Executive depts. + V.P. + any additional persons the president chooses

Executive Office of the President and the Cabinet

• EOP is right arm of the president– made up of several separate agencies staffed by

most trusted advisers.• The White House Office

– key personal and political staff– most hold offices in the white house (about 400)

» chief of Staff» chief executive of Foreign Policy» Chief executive of Defense» Chief of Economy» Chief of National Health Care» Chief of Political Affairs» Chief of Congressional Relations» Counsel to the President» Press Secretary

National Security Counsel– called on short notice to advise on domestic, foreign,

and military matters– President, V.P., Secretaries of State and Defense, CIA

Director, and Chairman of the Joint Chiefs– Has a small staff of foreign and military policy experts

who work for the National Security Adviser– CIA answers to NSC

Office of National Drug Control

– prepare an annual drug control strategy which pres. Sends to congress

– coordinate more than 50 federal agencies participating in war on drugs

Office of Policy Development

• Advises president on all matters of domestic affairs.

Office of Management and Budget

– Most influential– In charge of preparing federal budget– Approves expenditures of federal agencies– Monitors spending of the $ congress appropriates

Council of Economic Advisers

– 3 of countries leading economists, chosen by pres. Make up CEA

– Major source of info. On the state of the nation’s budget

Additional Important Offices

• Council on Environmental Quality

• Office of U.S. Trade Representatives

• Office of Science and Technology

• Office of Administration– Support staff

The Vice President

• “I am Vice President. In this I am nothing, but I may be everything.” ~ John Adams

• 8 deaths + 1 resignation in presidential post

• Today plays a bigger role; member of Cabinet and NSC, etc.

Succession to the Presidency• The 25th Amendment to the Constitution: ratified 1967

• The Vice President Joseph Biden • Speaker of the House Nancy Pelosi • President pro tempore of the Senate Robert Byrd • Secretary of State Hillary Rodham Clinton • Secretary of the Treasury Timothy Geithner • Secretary of Defense Robert Gates • Attorney General Eric Holder • Secretary of the Interior Ken Salazar • Secretary of Agriculture Tom Vilsack • Secretary of Commerce TBA • Secretary of Labor Hilda Solis • Secretary of Health and Human Services Tom Daschle • Secretary of Housing and Urban Development Shaun Donovan • Secretary of Transportation Ray LaHood • Secretary of Energy Stephen Chu • Secretary of Education Arne Duncan • Secretary of Veterans Affairs Eric Shinseki • Secretary of Homeland Security Janet Napolitano