The PresidencyThe Presidency
What are the qualifications required to become President? What are the qualifications required to become President?
The Electoral CollegeThe Electoral College
• Each state has number of Each state has number of electors equal to its electors equal to its congressional representativescongressional representatives– 2323rdrd Amendment: DC voting rights Amendment: DC voting rights
• Winner take all systemWinner take all system– ““Plus two”: Maine and NebraskaPlus two”: Maine and Nebraska
• No majority: House of No majority: House of Representatives elects POTUS Representatives elects POTUS from top three candidates, from top three candidates, Senate selects VPSenate selects VP– 1212thth Amendment: Separate ballots Amendment: Separate ballots
Duties Duties
• Described in Article II of the Described in Article II of the Constitution Constitution – Make sure laws are ExecutedMake sure laws are Executed– Commander in Chief of the Commander in Chief of the
MilitaryMilitary– Appoint heads of executive Appoint heads of executive
offices, federal judges, and offices, federal judges, and ambassadorsambassadors
– Meet with heads of foreign Meet with heads of foreign governments, make treaties, governments, make treaties, and executive agreements and executive agreements
– Political leadershipPolitical leadership
Term and SalaryTerm and Salary
• Salary determined by Salary determined by congress - $400,000 a congress - $400,000 a year; $100,000 for travelyear; $100,000 for travel
• President is elected to President is elected to serve a 4 year termserve a 4 year term
• Washington precedent – Washington precedent – 2 terms 2 terms
• Franklin Roosevelt – Franklin Roosevelt – Elected to 4 terms (’32, Elected to 4 terms (’32, ’36, ’40, ’44)’36, ’40, ’44)
• 22nd Amendment (1951) 22nd Amendment (1951) – two term limit – two term limit
QualificationsQualifications • Constitutional Requirements:Constitutional Requirements:
– Natural born citizenNatural born citizen– 35 years old35 years old– Resident of the U.S. for 14 yearsResident of the U.S. for 14 years
QualificationsQualifications• Informal Informal
Requirements:Requirements:– Government Government
experience – 4 of last experience – 4 of last 5 were Governors5 were Governors
– Politically Moderate Politically Moderate – Access to large Access to large
amounts of Moneyamounts of Money– Relatively moderate Relatively moderate
political beliefspolitical beliefs– Charisma and Charisma and
confidenceconfidence
Roles of the Roles of the PresidentPresident
• Head of StateHead of State– Symbolic/ceremonial leaderSymbolic/ceremonial leader
• Chief ExecutiveChief Executive– Enforce laws, make Enforce laws, make
appointments, granting appointments, granting pardonspardons
• Commander and ChiefCommander and Chief– War powers, “protect and War powers, “protect and
defend”defend”
• Chief DiplomatChief Diplomat– Recognition, Treaties, and Recognition, Treaties, and
executive agreementsexecutive agreements
• Chief LegislatorChief Legislator– Proposing agenda and laws, Proposing agenda and laws,
veto powerveto power
Presidential Powers Presidential Powers • The Founders recognized the The Founders recognized the
need for a strong executive need for a strong executive branch branch – the weaknesses of the Confederation the weaknesses of the Confederation
government government – hold the Congress in check.hold the Congress in check.
• Formal powersFormal powers– Constitutional PowersConstitutional Powers– Statutory PowerStatutory Power
• Informal powersInformal powers– Inherent powersInherent powers– Emergency powersEmergency powers– MandateMandate
Special Uses of PowerSpecial Uses of Power • Presidents have greatly Presidents have greatly
expanded their powers when expanded their powers when U.S. is in emergencyU.S. is in emergency– George W. Bush: War on TerrorismGeorge W. Bush: War on Terrorism
• Executive OrdersExecutive Orders– Enforce statutes, constitution and Enforce statutes, constitution and
foreign treaties, direct executive foreign treaties, direct executive agenciesagencies
• Executive PrivilegeExecutive Privilege– Withholding information and Withholding information and
refusal to appearrefusal to appear
• Signing statementsSigning statements– Issued to instruct agencies on Issued to instruct agencies on
execution of laws or convey execution of laws or convey questions of constitutionalityquestions of constitutionality
Limits on Presidential PowerLimits on Presidential Power • Congressional limitsCongressional limits
– overriding a vetooverriding a veto– impeaching/removing the president impeaching/removing the president
from officefrom office• The federal courtsThe federal courts
– Youngstown Sheet and Tube Youngstown Sheet and Tube v. v. Sawyer Sawyer (1952)(1952)
– President Bush and enemy President Bush and enemy combatantscombatants
• The federal bureaucracyThe federal bureaucracy– blocking programs blocking programs – failing to carry them out properlyfailing to carry them out properly
• Politics and Public opinion Politics and Public opinion – President Lyndon Johnson’s President Lyndon Johnson’s
policies in Vietnam policies in Vietnam – President Clinton’s proposed President Clinton’s proposed
national health care programnational health care program– President Bush’s Social Security President Bush’s Social Security
and immigration reformsand immigration reforms
Checks and BalancesChecks and BalancesPresidential checksPresidential checks
• Executive OrdersExecutive Orders– Enforce statutes, constitution and foreign Enforce statutes, constitution and foreign
treaties, direct executive agenciestreaties, direct executive agencies
• Executive PrivilegeExecutive Privilege– Withholding information/refusal to appearWithholding information/refusal to appear
– Clinton v. Jones (1997)Clinton v. Jones (1997)
• ImpoundmentImpoundment– Congressional Budget and Impoundment Congressional Budget and Impoundment
Control Act of 1974 Control Act of 1974
– Train v. City of NY (1975)Train v. City of NY (1975)
• The Veto ProcessThe Veto Process– Line-item vetoLine-item veto
– Signing statementsSigning statements
• The Bully PulpitThe Bully Pulpit– Use of prestige and visibility to guide or enthuse Use of prestige and visibility to guide or enthuse
the American public the American public
Congressional checksCongressional checks
• ImpeachmentImpeachment– Roles of the 3 branchesRoles of the 3 branches– Johnson and ClintonJohnson and Clinton
• Veto OverrideVeto Override– 2/3 vote2/3 vote
• AppropriationsAppropriations– Congress can refuse to fund Congress can refuse to fund
executive initiativesexecutive initiatives
• War Powers Act (1973)War Powers Act (1973)– Congressional notification within 48 Congressional notification within 48
hrs, 60 – 90 days for approvalhrs, 60 – 90 days for approval– Constitutional? Constitutional? INS v Chadha INS v Chadha
(1983)(1983)
The Appointment ProcessThe Appointment Process• ““Executive” AgenciesExecutive” Agencies
– No confirmation No confirmation requiredrequired
– Serve at the pleasure Serve at the pleasure of the presidentof the president
• ““Independent” Independent” Agencies and JudgesAgencies and Judges– Require Senate Require Senate
confirmation “advise confirmation “advise and consent”and consent”
– Recess appointmentsRecess appointments
What do these two have in What do these two have in common?common?
President Andrew JohnsonPresident Andrew Johnson
• TheThe Tenure of Office ActTenure of Office Act– Senate approval for removal Senate approval for removal
of confirmed officialsof confirmed officials
• Edwin Stanton Edwin Stanton – Johnson demands Johnson demands
resignation; appoints new resignation; appoints new secretarysecretary
• Johnson ImpeachedJohnson Impeached– Senate votes 35-19 to impeachSenate votes 35-19 to impeach
• 65 percent, 67 percent needed65 percent, 67 percent needed
President Bill ClintonPresident Bill Clinton
• Whitewater scandalWhitewater scandal– Independent Counsel Ken StarrIndependent Counsel Ken Starr
• Lewinski AffairLewinski Affair– Starr discovers affair with internStarr discovers affair with intern
– Clinton denies affair under oathClinton denies affair under oath
• Clinton ImpeachedClinton Impeached– Senate votes 55 - 45 against Senate votes 55 - 45 against
perjury chargeperjury charge
– Senates votes 50-50 on Senates votes 50-50 on obstruction of justice chargeobstruction of justice charge
Role of the Vice President Role of the Vice President • Constitutional duties: Constitutional duties:
– President of the Senate – President of the Senate – casts tie-breaking votecasts tie-breaking vote
– Assume presidency upon Assume presidency upon death or disability of the death or disability of the presidentpresident
• Informal duties:Informal duties:– Member of the National Member of the National
Security CouncilSecurity Council– Modern VPs have been Modern VPs have been
given role in policy making given role in policy making at Presidents discretionat Presidents discretion
Succession – Replacing the presidentSuccession – Replacing the president
• Tyler first VP to become Tyler first VP to become president following death of president following death of Harrison in 1841Harrison in 1841
• 7 other presidents died in office 7 other presidents died in office elevating VP to Presidentelevating VP to President
• 25th Amendment (1967): 25th Amendment (1967): formally added succession to the formally added succession to the ConstitutionConstitution– Order: VP, Speaker of House, Order: VP, Speaker of House,
Senate Pres. Senate Pres. Pro TempPro Temp, Sec. of , Sec. of StateState
– Includes procedures for when Includes procedures for when the president is disabledthe president is disabled
The CabinetThe Cabinet• The Directors of 15 executive agenciesThe Directors of 15 executive agencies• Subject to senate confirmationSubject to senate confirmation• Primary agencies: State, Treasury, Primary agencies: State, Treasury,
Defense, Justice, Homeland SecurityDefense, Justice, Homeland Security• Roles varyRoles vary
– Advise the presidentAdvise the president– Carry out policyCarry out policy
• No statutory requirement to receive advise No statutory requirement to receive advise from cabinetfrom cabinet
Executive Office of the President• White House OfficeWhite House Office
– Chief of StaffChief of Staff– ““Kitchen Cabinet”Kitchen Cabinet”
• Office of Budget and ManagementOffice of Budget and Management– clearinghouse for legislative clearinghouse for legislative
proposals from exec. agenciesproposals from exec. agencies• National Security CouncilNational Security Council
– National Security advisor, VP, Sec. of National Security advisor, VP, Sec. of State, Treasury, Defense, and the State, Treasury, Defense, and the Assistant to the President for Assistant to the President for National Security Affairs. The National Security Affairs. The Chairman of the Joint Chiefs of Staff, Chairman of the Joint Chiefs of Staff, Dir. of National IntelDir. of National Intel
• Council of Economic AdvisorsCouncil of Economic Advisors– assists with the development and assists with the development and
implementation of economic policyimplementation of economic policy
EOP Org ChartEOP Org Chart
WHO Org ChartWHO Org Chart