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The Presidency
The President • Ar/cle II of US Cons/tu/on • “The execu/ve Power shall be vested in a President of the United States of America.”
• Term-‐ 4 years, no limit ini/ally, George Washington set the precedent of 2 terms, which was followed un/l ________________.
• 22nd Amendment (1951)-‐ limited to two terms or 10 years. – How could a person serve 10 years?
Qualifica/ons • Formal – Natural-‐born ci/zen – At least 35 years of age – Resident of the US for the 14 years prior to the elec/on – How can you be a natural-‐born ci/zen but not a resident for the past 14 years?
• Informal – Male -‐ Military Experience – European ancestry (except __________) -‐ Good debater/speaker – Middle-‐aged -‐ Party Iden/fica/on (meaning?) – Wealthy – Protestant (except ________) – College grad – Healthy – A]rac/ve – Married – Previous leadership role
PRESIDENTIAL ROLES
• Chief of State – Ceremonial head of the government – In many countries the chief of state reigns but does not rule-‐ like the Queens of England & Norway, emperor of Japan, presidents of Italy & Germany
– entertains foreign leaders with formal dinners – promotes worthy causes (such as posing with the March of Dimes poster child)
– recognizes ci/zens who have made outstanding contribu/ons to their community or na/on
– bestows medals on military heroes – throws out the first pitch at baseball games – hosts the White House Easter Egg Roll
• CHIEF EXECUTIVE – Under the Cons/tu/on, the President is the Chief Execu/ve of the United States.
– In this role, the President actually runs our government. – He makes sure that laws are enforced, appoints important officials, grants reprieves and pardons, issues Execu/ve Orders, and coordinates the efforts of over 150 departments and agencies.
– Some of the people who help him carry out these du/es are his Cabinet (13 department heads) and the White House Execu/ve Office Staff.
• Chief Administrator – President is the chief administrator or director of the federal government heading an organiza/on that employees more that 3 million ci/zens and spends trillions
• COMMANDER-‐IN-‐CHIEF – The President is head of all the military forces. – He is responsible for raising, training, supervising, and deploying all the defense forces.
– He reviews the troops and oden awards service medals. – The President meets with military officers, as well as civilian na/onal security advisors.
• CHIEF DIPLOMAT – The President is the leader, ini/ator, and guide of our foreign policy. He consults with leaders of foreign countries, performs ceremonial du/es with foreign leaders and makes decisions for our country affec/ng our foreign affairs.
– Some du/es are: -‐ appoints the Ambassador to the United Na/ons who speaks for the United States -‐nego/ates trea/es or agreements with other countries -‐travels to other countries around the world where his words reflect the United States' posi/on and ideas on foreign affairs
• LEGISLATIVE LEADER – He recommends laws while advising and guiding the Congress in its lawmaking ac/vi/es.
– Each year in January as legisla/ve leader, the President gives his State of the Union Address to a joint session of Congress.
– This speech evaluates the country's domes/c and foreign posi/on and suggests what the President would like to accomplish in the next year.
– Even ader legisla/on (a bill which passes both houses of Congress), the bill does not become law un/l the President signs it.
• LEADER OF HIS POLITICAL PARTY – The President is the leader of his own poli/cal party as long as he is President.
– The party helps to keep him informed on the needs of the na/on and the reac/ons of the ci/zens to his programs.
– Because he is the leader of his party, the President frequently campaigns for or endorses other candidates from his own party who are running for office.
• Chief CiCzen – The president is expected to be “the representa/ve of all the people”
– He/she is expected to work for and represent the public interest
– FDR said of the presidency, “it is preeminently a place of moral leadership.”
Pay and Benefits • $400,000/ year • $50,000/ year expense account • Other benefits – Live in White House with a full staff – Travel on Air Force One • If Air Force One is used for non-‐governmental reasons the first family pays the equivalent of a first class /cket for each family member or friend. Which is why business is oden combined with pleasure
– Camp David-‐ a resort hideaway in the Maryland – Medical, Dental, Health Care – Pension – Secret Service for life
Presiden/al Succession • Presiden/al Succession is the plan by which a presiden/al vacancy is filled
• The Cons/tu/on did not originally have a s/pula/on for succession
• The 1st occurrence was when William Henry Harrison died and John Tyler set the precedent
• The 25th Amendment – Said the VP became POTUS if POTUS died or resigned – Also sets procedure for presiden/al disability
– Presiden/al Disability • The VP becomes ac/ng president if
– A) the president informs Congress, in wri/ng, “that he is unable to discharge the powers and du/es of his office”
– B) the VP and a majority of the Cabinet inform Congress, in wri/ng, that the President is thus incapacitated
• In either case the President resumes his power & du/es by informing Congress that no inability exists – However, the VP and a majority of the Cabinet can challenge the President. In which case Congress has 21 days to decide what to do
• When would either of these occur? • This has only come in to play once since the amendment was passed when Ronald Reagan had surgery. For 7 hrs and 54 mins George H.W. Bush was ac/ng president
• Presiden/al Succession Act of 1947 – Set the line of succession – Vice President – Speaker of the House – President pro tempore of Senate – Secretary of State – Sec of the Treasury – Sec of Defense – A]orney General – Sec of the Interior – Sec of Agriculture – Sec of Commerce Sec of labor – Sec of Health & Human Services – Sec of Housing & Urban Development – Sec of Transpo – Sec of Energy – Sec of Educa/on – Sec of Veterans Affairs – Sec of Homeland Security
The Vice President • “I am Vice President. In this I am nothing, but I may be everything” John Adams
• “The vice presidency isn’t worth a warm pitcher of spit” John Nance Garner-‐ FDR VP for two terms
• VP is oden the bu] of many jokes, but is only a heartbeat away from the Oval Office
• Cons/tu/on gives the VP 2 jobs-‐ preside over the Senate and help decide presiden/al disability – Other than that he is wai/ng for something to happen to the president
• 9 VPs have taken over the Oval Office
• VPs are normally chosen to “Balance the Ticket” – Meaning he/she is picked to strengthen the chance of the presiden/al candidate to win. • Balance of ideological, geographical, racial, ethnic, gender or other characteris/cs.
• VP vacancies – Office has been vacated 18 /mes: 9 /mes for succession of the Presidency, 7 /mes by death
– 25th Amendment addressed VP vacancies – President appoints a new VP in case of vacancy (Congressional approval – 50% +1 of both houses)
– 1st implemented in 1973 when Nixon appointed Gerald Ford to succeed Spiro Agnew (who resigned b/c of Watergate). Then President Ford appointed Nelson Rockefeller
VP Today
• Since President Eisenhower, VPs have been given more responsibility – Ex. VP Al Gore was involved in Cabinet mee/ngs, part of the Na/onal Security Council, performed poli/cal & diploma/c chores for the President
• VP cannot be fired by the President so President’s have not given the VP too much power or responsibili/es
Selec/ng the President • Electoral College-‐ the group of people (electors) chosen form each State and DC to formally select the President and Vice President – Originally the electors cast two votes. The person w/the most votes became president, the person w/ the 2nd most votes became VP. If no one wins majority then the House of Reps elects president
– System worked un/l G. Washington stepped down ader two terms & the rise of poli/cal par/es
– 1796-‐ J. Adams, a Federalist, became President. T. Jefferson, a Democra/c-‐Republican, became VP
– 1800-‐ there was a /e n in the electoral college. T. Jefferson was finally elected president ader the House of Representa/ves voted 36 /mes
• 12th Amendment – Separated the ballots for POTUS and VP, so you wouldn’t end up with a Pres and VP of different par/es.
– Each electoral cast one vote for Pres and one vote for VP – Also says if the House cannot choose a Pres by a certain day, the VP acts as Pres
Presiden/al Nomina/ons • The Cons/tu/on makes no provisions for selec/ng nominees for president, very few fed or state laws about it
• States use either a primary or caucus – Since they are party-‐based, generally only happen with the party w/o an incumbent president. • Ex. 2012 there were no Democra/c Presiden/al Primaries • 2016 both par/es will have primaries
• Caucus-‐ (Iowa, TX, NV, ID, Washington?) – A mee/ng of delegates within a poli/cal party who meet to vote for a nominee for president
– Iowa gets the most a]en/on b/c it starts the primary season
• Sivng presidents generally are not challenged in the primaries – Excep/ons-‐ 1976-‐ Reagan challenged Ford (Carter won the elec/on), 1980-‐ Kennedy challenged Carter (Reagan won elec/on), 2000-‐ Bradley challenged Gore (Bush won)
• Primaries – Elec/ons in which the people choose their candidate for president
– Open primary-‐ any person can choose which ballot they pick (Demo or Rep)
– Closed Primary-‐ only declared members of a party can vote
– Blanket Primary-‐ Elec/on when all the people running for president regardless of party are on the same ballot
Winner-‐take-‐all • Occurs when the winner of an elec/on gets all the delegate votes for the en/re state. – Which is the case in all places for the presiden/al elec/on, except Maine & Nebraska (where the votes are divided up by district)
• Delegates for primaries are not winner-‐take-‐all, but propor/onal – The rule with the Democrats is that if a candidate wins 15% of the votes, he/she gets votes at the na/onal conven/on
– We don’t really see that vote, because the news has already ‘declared’ a victor in primaries
Evalua/on of the Primaries • Long season-‐ starts early, if you are the winner, you essen/ally are running for president for over a year.
• Demands on candidates /mes and resources – $50-‐$100 million just for the primary. – Time to travel to all the states (or most of them)
• Tests the public’s endurance of elec/ons
Na/onal Conven/on • Def-‐ mee/ngs at which the delegates who have been chosen by the state party leaders meet to officially name the party’s candidate for president and reveal the party’s playorm.
• Playorm-‐ the formal statement of basic principles, stands on major policy ma]ers, and objec/ves for the campaign and beyond. (project 22)
• In the past the nat’l conven/ons were more chao/c (the nominees weren’t a forgone conclusion like they are now)
• Anymore the na/onal conven/on is a giant party for the party
• Day one is all about rousing speeches. – The Keynote address is the highlight-‐ a special speech given by an accomplished orator(speech maker) • In 2004 a rela/vely unknown candidate for Senator from Illinois gave the keynote address-‐ ___________________
• Day Two is about the playorm • Day Three is about nomina/ng the candidate and vo/ng
• Day Four is acceptance speeches from the VP and Presiden/al candidates
Presiden/al Elec/on • Elec/on Process – January-‐June-‐ Primaries/Caucuses season, campaigning – July-‐August-‐ Na/onal Conven/ons – August-‐November-‐ Campaigning – November (1st Tuesday ader 1st Monday)-‐ Elec/on Day – December-‐Monday ader second Wednesday-‐ Electoral College votes
– January 20th Inaugura/on Day
Cri/que of the Electoral College • The winner of the popular vote might not win the elec/on – Has happened 1824-‐ Jackson won popular vote, JQA won elec/on • 1876-‐ Tilden won pop vote, Hayes won elec/on • 1888 – Cleveland won pop, Harrison won elec/on • 2000-‐ Gore won pop, GWBush won elec/on
• No law requires the electors to vote for the candidate who won the popular vote in their state – Electors have “broken their pledges” 9 /mes-‐ 1796, 1820, 1948, 1956, 1960, 1968, 1972, 1976, 1988-‐ has never changed the outcome of an elec/on, but it could
• It is possible that the elec/on could be decided in the House of Representa/ve – Only happened twice-‐ 1800, 1824 – Could happen especially with a strong 3rd party candidate • The House votes by state-‐ so all states have the same number of votes regardless of popula/on
• If the reps from the state couldn’t agree, the state loses its vote
• It is technically possible that the House might not decide by inaugura/on day
Proposed Reforms • District Plan – Electors would be chosen by district, like members of the House
– Would get rid of Winner-‐take-‐all issues – Interes/ngly – Nixon would have beat Kennedy in 1960
• Propor/onal Plan – Candidates would received the same % of electoral votes as they received of the popular vote. • Ex. If a candidate won 60% of the popular votes in Ohio he/she would received 11 of the 18 electoral votes
– Could s/ll have the winner of the popular vote lose the elec/on
– Could help 3rd par/es – Might never have a candidate win 50% +1 of the electoral votes
• Direct Popular Vote – Get rid of the Electoral College all together – Problem-‐ would need a Cons/tu/onal Amendment – Could be issues with “stuffing the ballot box” or other vo/ng fraud. (“vote early, vote oden”)
• Na/onal Bonus Plan – Keep the Electoral College – The winner of the popular vote would get a “bonus” of 102 electoral votes • This system should “make sure” that the winner of the popular vote wins the elec/on
Proponents of the Electoral College (ppl
who like it) • Two main reasons:
– It is a known system-‐ no learning a new way – It iden/fies the winner quickly & certainly (usually)
2000 Presiden/al Elec/on • Problem with coun/ng ballots in several states, especially Florida – The Florida recount was challenged in the courts and went all the way to SCOTUS
– SCOTUS ruled in favor of George W. Bush, but stated that its decision should not be used to set precedent
Growth of Presiden/al Power • Presiden/al power has grown based on the personality of the president – Some presidents ‘push the limit’ of power, some don’t
• Every president since FDR have used the media to their advantage
• Imperial Presidency – When presidents take strong ac/ons w/o consul/ng Congress or, some/mes, deceiving Congress
– Some say presidents have become isolated policymakers who are unaccountable to the American ppl
– Usually refers to Johnson and Nixon
Presiden/al Powers • Execu/ve Powers – Enforces, administers, carries out (Executes) the provisions of federal law
• Ordinance Power – Power to issue execu/ve orders (a direc/ve, rule, or regula/on that has the power of law) • Example-‐ War Reloca/on Authority-‐ FDR • Example – E.O. 11905-‐ outlawed the use of poli/cal assassina/on -‐ Ford
• Example-‐ E.O. 12148-‐ Established FEMA – Carter • Example-‐ E.O. 12601-‐ est. President’s Commission on the HIV Epidemic
• Appointment Power – Appoints (names) most top-‐ranking officials of the Fed • Ambassadors, other diplomats • Cabinet members & their top aides • Heads of Independent Agencies like EPA, NASA • All federal judges, a]orneys, marshals • All officers in armed service
– All appoints have to be confirmed by the Senate
• Removal Power – The flip side of appointment power – The president has the power to remove his appointments. Congress has tried to limit this power-‐ doesn’t really work • 1867-‐ Andrew Johnson-‐ Congress passed the Tenure of Office Act to prevent Johnson from firing ppl, esp. Sec of War Edwin Stanton-‐ Went all the way to Impeachment-‐ law was finally repealed in 1887
– Myers v. United States, 1926 • 1876-‐ Congress passed a law sta/ng POTUS could not fire a 1st, 2nd, or 3rd class postmaster w/o Senate consent. Wilson did it anyway. The postmaster Frank Myers sued for his salary for the rest of his term, ci/ng the 1876 law. SCOTUS called the law uncons/tu/onal
– In other cases the court has ruled in favor of the employee
Diploma/c & Military Powers • Make Trea/es-‐ with Senate approval – Treaty-‐ a formal agreement b/w two or more sovereign na/ons
• Execu/ve Agreements – A pact b/w POTUS & the head of state of another na/on (or his/her appointee)
– Can be made w/o congressional approval or any connec/on to congressional ac/on (ex. Not linked to a treaty or legisla/on)
– Recogni/on • Acknowledges the legal existence of another country & its government
• Persona non grata (unwelcome person) – POTUS can show displeasure w/ another country by declaring that na/on’s ambassador or other diploma/c official as persona non grata
– POTUS can also recall US diplomats – Is a very strong rebuke (reprimand or “telling off”), usually reserved for the last thing before military ac/on
• Commander in Chief – Congress s/ll declares war, but POTUS has the dominant military power
– Undeclared war-‐ J. Adams-‐ 1798-‐ w/ French warships harassing US merchant chips. T. Jefferson & J. Madison-‐ 1800s-‐ pirates off Barbary Coast (N. Africa), *Korea, Vietnam, 1989-‐ Panama (to oust dictator Manuel Ortega & protect Panama Canal), 1991-‐ *Opera/on Desert Storm, 1994-‐*Hai/, 1995 & 99 to Balkans
• War Powers Resolu/on Act 1973 – Passed by Congress to limit POTUS military power – POTUS ignores it b/c the cons/tu/onality is ques/onable
Legisla/ve Powers • Recommending legisla/on-‐ State of the Union • Bills – Sign it – Veto • Veto-‐ not signing a bill & returning it to Congress
– Do nothing and allow bill to become law – Pocket Veto-‐ do nothing with less than 10 days led in session, the bill dies
– Line-‐Item Veto • The power to veto parts (or lines) of a bill and not the whole thing
• 1996-‐ Congress passed the Line Item Veto Act – Clinton v. New York City, 1998 – Challenged and shot down in court
Judicial Powers • Appoint federal judges w/ Senate approval • Clemency-‐ (mercy or leniency) – Reprieve & pardon of federal crimes only • Reprieve-‐ postponement of execu/on • Pardon-‐ legal forgiveness of a crime • Commuta/on-‐ reducing a sentence • Amnesty-‐ a general pardon for a group of law breakers
– Example-‐ President Ford gave a pardon to former President Nixon for all crimes associated w/ Watergate
