THE PRESIDENCY

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THE PRESIDENCY

• Unit Four
• Chapters 8, 9, 10

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The Roots of the Office of President of the
United States

• Distrust of the King
• Articles of Confederation Executive Branch?
• Articles failed?
• What could an Executive Branch have done?
• Solutions
• New govt needs executive power invested in one
  person a President.

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The Philadelphia Convention

• Qualifications for Office
• The Constitution requires that the president must
  be
• 35 years old
• 14 years a U.S. resident
• A natural born citizenlets talk about this!
• Terms of Office Controversial!
• 4, 7, and 11 year terms were suggested at the
  Convention
• Also suggested a limit of one or two terms.
• The 22nd Amendment now limits presidents to two
  four-year terms or a total of 10 years in office.
• Truman, Eisenhower, and Reagan were against this.
• Lyndon Johnson and Jimmy Carter favor a single
  six year term.

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Pay and Benefits

• President
• Receive about 500,000 per year.
• 400,000/year, and 100,000 for traveling
  expenses
• Also get fringe benefits
• Use of White House, Camp David, cars, airplanes,
  yacht
• Congress fixes this amount.
• Ex-President
• They all receive a lifetime pension of 148,400.
• And up to 96,000/yr for office help
• Presidential Widows
• They are entitled to a pension of 20,000/year.

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Removal of a President

• Are impeachment and removal the same?
• What is step one, what is step two?
• The House conducts the investigation and drafts
  Articles of Impeachment for 'treason, bribery, or
  high crimes and misdemeanors.'
• The Senate tries the case with the Chief Justice
  of the Supreme Court presiding.
• If 2/3rds of the Senate votes for the Articles,
  the president is removed from office.
• Only two presidents have been impeached
• Andrew Johnson and William Jefferson Clinton.
• Neither were removed from officewhat about Nixon?

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Succession

• As of today, 8 vacancies for the President have
  occurred
• 7 presidents have died, plus Nixon on
  resignation.
• If the President is unable to perform his duties
  the vice president then becomes responsible for
  the office.
• Congress passed the Presidential Succession Act
  of 1947 that stated the order of succession after
  the VP
• Speaker of the House
• President Pro Tempore of the Senate
• Secretary of State, Treasury, Defense, and other
  Cabinet heads in order of the creation of their
  department
• The 25th Amendment (1967) lays out succession and
  allows the president to appoint a new VP if the
  post is vacant.

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Who takes over?

• 1 Vice President, Joe Biden
• 2 Speaker of the House, Nancy Pelosi
• 3 President Pro-Tempore of the Senate, Robert
  Byrd
• 4 Secretary of State, Hillary Clinton
• 5 Secretary of Treasury, Timothy Geithner

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What meritsincapacitation?

• They never really described how a President
  becomes disabled.
• They have all had strokes, heart attacks,
  bullets.
• VP will become Acting President if
• 1.) The President tells Congress in writing that
  he cant do his job.
• 2.) The VP and majority of members in cabinet
  inform Congress, in writing, that the President
  is incapacitated.

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Example of Incapacitation

• July 13, 1985
• Surgeons got a malignant tumor from Reagans
  large intestine.
• Before the surgery Reagan transferred the powers
  of President to VP George H.W. Bush.
• When he awoke, 7 hours and 54 minutes later, he
  reclaimed all Presidential powers he had
  previously relinquished.

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The Vice President

• I am the Vice President. In this I am nothing,
  but I may be everything. - John Adams
• The Vice Presidency isnt worth a warm pitcher
  of spit. - John Garner (VP to FDR)
• This individual has two important jobs
• To assume office if the president dies or is
  incapacitated.
• To preside over the Senate or to break tie votes
  in the Senate.
• The office has little power VPs have low
  profiles.
• A vice president is chosen for a number of
  reasons
• Unite the party at convention, achieve
  social/cultural balance on the ticket, and they
  overcome candidates shortcomings.

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Presidential SelectionElectoral College

• The Electoral College
• Created as an alternative to popular election or
  congressional election of the President.
• The electors were independent agents in the
  selection of the President.
• Was state by state, with each elector casting
  votes for 2 candidates.
• If theres a tie. The House chooses!
• However political parties messed things up.
• George was right again!!!!!

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Then Political Parties Came

• The Election of 1800
• Parties arose during the administration of
  Washington and Adams
• Both parties put up their own candidate
  electors for 1800.
• Led to a tie b/t Jefferson and Burr, House chose
  TJ
• 12th amendment
• Made the Electoral College specify who they
  wanted for President and who they wanted for V.P.

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Electoral College Today

• Electors are chosen by popular vote.
• The party that wins the majority of the popular
  vote in each State gets all the States electoral
  votes.
• They meet at a time set by law to elect the
  President.
• In case of a tie for either President or Vice
  President, the decision is made by Congress.
• Check this out for last election results
• http//www.infoplease.com/ipa/A0922901.html

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But there are problems

• Electoral votes are not distributed in exact
  proportion to the population
• The winner of the popular vote may not win the
  electoral vote.
• Electors arent bound by the Constitution to vote
  for the candidate favored by the people of the
  State.

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Ways to fix these problems!!!

• The District Plan
• Electors are elected in each congressional
  district, rather than the current winner-take-all
  plan.
• The Proportional Plan
• Give each candidate the share of the electoral
  vote that they earned in the popular vote.
• Direct Popular Election
• No more electoral college, people elect President.

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What the heck are SUPERDELEGATES???
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An early ( incorrect) projection of the 2004
electionWhat are the 6 most important states?


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Nominating the President Today

• The 2 major parties have nominated their pres.
  candidates at National Conventions since 1832.
• Anti-masons
• Delegates from each states party organizations
  chose a ticket for the upcoming election.
• Delegates are usually chosen at the Presidential
  primaries, or at state/district conventions.

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At the Conventions

• There is no legal control over conventions.
• These are grand events that are held to
• Adopt the party platform
• Nominate its Presidential and Vice-Presidential
  candidates
• Unify the party behind that ticket for the
  upcoming campaign
• The nomination is the high point of conventions.
• These usually go to white, Protestant, males who
  have been governors or senators

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Presidential Primaries

• 42 States have Presidential Primaries
• These are the delegate-selection processes and/or
  elections in which voters can express their
  preference for Presidential candidates.
• These make office-seekers test their candidacies
  before the public.
• Parties out of power, usually have a hard-fought
  primary.
• If a state doesnt have a primary, they choose
  Convention delegates through state/local
  conventions.

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Legislative Power
Chief-of-State
Pardoning Power
Treaty-making Power
Chief Diplomat
Chief Executive
Veto Power
Commander -in-Chief
Appointment Power
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Presidential Roles

• Head of State
• Englands Queen doesnt rule, but the Pres does.
• Commander in Chief
• All men/women in uniform are subject to their
  direct and immediate control.
• Chief Executive
• Has all the executive power of the United States.
• Chief Diplomat
• Main architect of American foreign policy and
  serves as the nations chief spokesperson

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Presidential Roles (cont.)

• Party Leader
• Head of their political party
• Voice of the People/Chief Citizen
• They represent all American people
• Chief Administrator
• Employ nearly three million civilians, and spend
  about 1.7 trillion a year
• Chief Legislator
• Sets the Congressional agenda, is the architect
  of public policy.

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Chief Legislator

• FDR brief narrative
• FDR claimed the leadership and agenda setting
  power for the president and got it.
• FDR shifted the president's powers from that of
  simply executing policy to making it.
• However, presidents have a hard time getting
  Congress to pass their programs especially during
  periods of divided government.

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The Constitutional Powers of the President

• Article II is short and details powers for the
  Pres.
• But the first line of Article II is the most
  important grant of power to the President
• It states "the executive power shall be vested in
  a President of the United States of America."
• This is the Executive Power Clause
• Where all the Presidents implied powers come from

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What exactly are the

• Presidential Powers?

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The Presidents Executive Powers

• Executing the Law
• The President must carry out all laws.
• They can interpret them and decide how strictly
  they will be enforced.
• The Ordinance Power
• They have the authority to issue executive orders
  (law).
• Have force of law, but dont go through
  Congressional process.

• The Appointing Power
• The President can appoint few with their own
  authority.
• Most important offices must be approved by
  Senate.
• The Removal Power
• There are disputes regarding the Presidents
  power to remove those he appointed with Senates
  consent.
• He cannot do this with federal judges.

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The Presidents Diplomatic Powers

• The Power to Make Treaties
• President can make treaties, thru Sec. of State
• Senate must approve the treaty by a 2/3 vote
• Executive Agreements
• How many international agreements are made today,
  pacts b/t the Pres and foreign leaders
• Dont require Senate approval
• The Power of Recognition
• Can recognize/acknowledge, countries legal
  existence

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The President Military Affairs

• He shares war powers with Congress, with no limit
  on their role as commander and chief.
• He cant declare war, but has often used the
  military without a formal declaration of war.
• Korea and Vietnam
• The President can use the armed forces to keep
  peace in times of domestic turmoil.

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The Presidents Legislative Powers

• Gives the State of the Union
• Suggests annual budgets
• Recommends special legislation to Congress
• Can veto legislation
• Can call special sessions of Congress
• Doesnt really need to anymore
• Can adjourn Congress if the two houses cannot
  agree on a date for adjournment

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The Presidents Judicial Powers

• He can
• Grant reprieves and pardons in cases involving
  federal law.
• Reduce sentences, or fines, imposed by a court.
• Grant amnesty, or a general pardon, to persons
  who have violated the law.

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The Modern Presidency

• In the 20th century, the presidency has become
  ever more powerful.
• The modern Presidency begins with FDR who was
  elected to four terms during two huge national
  crises
• The Great Depression
• WWII.
• FDR also personalized the presidency with his use
  of radio 'fireside chats' directly with
  Americans.
• The modern president
• leads a large government
• plays an active and leading role in foreign and
  domestic policy
• plays a strong legislative role
• and uses technology to get 'close to Americans.'

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Checks on Presidential Powers

• Congress
• Bureaucracy
• Supreme Court
• Media
• Public Opinion
• Check out the following approval ratings.

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The Federal Bureaucracy

• A bureaucracy is
• Based on principles of hierarchical authority,
  job specialization, and formal rules.
• A way of organizing people to do work.
• Almost all bureaucracy is in Executive Branch.
• Made up of 3 major groups of admin agencies.
• Executive Office of the President
• The 15 Cabinet Departments
• Independent Agencies

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The Presidential Establishment

• Today, the president has numerous advisors to
  help make policy and fulfill the duties of chief
  executive.
• The Cabinet
• The Executive Office of the President (EOP)
• White House Staff

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The Cabinet

• The Cabinet is not mentioned in the Constitution
  and is formulated by each president as he/she
  sees fit.
• The Cabinet consists of the heads of the major
  bureaucratic departments (State, Defense, Educ,
  etc.).
• 15 of them!
• The President appoints these members who must be
  confirmed by Senate.
• Most have been white males.
• Cabinet members serve as advisors to the
  President.
• Congress exercises some control over the
  bureaucracy -- through advice and consent and
  budget controls.

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The Presidents Cabinet
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The Executive Office of the President (EOP)

• The EOP was established by FDR and is a very
  important inner circle of advisors to the
  president.
• The EOP is staffed by persons responsible to the
  president alone.
• The EOP includes such important offices as the
  Chief of Staff, Press Secretary, National
  Security Council, the Council of Economic
  Advisors, and the Office of Management and Budget.

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White House Staff

• The people most directly responsible to the
  President.
• Personal assistants, senior aides, administrative
  personnel and more.
• No Senate confirmation.
• Their power comes solely from their personal
  relationship with the president.
• Height of 583 members in 1972.
• Now it is smaller running around 400 people.

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Continuity and Change

• Too big or too small?
• Some argue that the Presidency is too large of a
  job for one person. Too much power and
  responsibilityand too small of a paycheck.
• Some say, look at all the power other government
  officials have, and they do just fine. The
  President is paid plenty, thank you very much!
• It is quite a job, among other roles they are
• A symbol of the country
• Ceremonial leader
• The nations chief executive

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More BureaucracyIndependent Agencies

• These operate outside departments in Cabinet.
• Four reasons why, some are independent because
• Their functions dont fit with any existing
  depts.
• To protect their officials from political
  pressures.
• To make them more responsive to interest-group
  pressures.
• The peculiar and sensitive nature of their
  functions
• Examples
• Central Intelligence Agency, Environmental
  Protection Agency, Farm Credit Administration
  (p.383)
• Three kinds independent executive agencies,
  independent regulatory commissions, and
  government corporations.

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Different Kinds

• Independent Executive Agencies
• Most Indep. Agencies fall into this category.
• Have a single administrator over subunits that
  operate on a regional basis.
• Independent Regulatory Commissions
• Are created to regulate important aspects of the
  nations economy.
• Need Senate confirmation.
• Government Corporations
• Are within executive dept, under Pres control.
• Need Senate confirmation.

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The Federal Budget

• The budget is responsibility of Pres/Congress.
• The Pres proposes it and congress approves or
  not.
• The Office of Management and Budget
• Each federal Agencies submit estimated budgets.
• This office reviews the requests, holds hearings,
  fits all requests into federal budget that is
  sent to Congress.

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Next Steps for the Budget

• Presidents budget is referred to Budget
  Committee in each house.
• What kind of committee is this?
• The Congressional Budget Office helps these
  committees study and make decisions about the
  Presidents budget.
• Budget goes to both Appropriation Committees, who
  fashion the bills that appropriate the money.
• Congress tries to pass the Budget by October
  1stbut usually doesnt happen, so they just pass
  emergency spending legislation to allow the Gov't
  to keep going until the Budget is finally
  accepted.

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Things to keep in mind about federal

• 20 of federal spending is controllable.
• 80 is uncontrollable.
• The most is spent on social security.
• The second largest amount is spend on interest.

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Foreign Policy

• Isolationism to Internationalism
• Foreign Policy
• Is all of the Federal Governments statement and
  actions with regard to foreign countries,
  including treaties and alliances, international
  trade, defense, and foreign aid.
• The Presidents Responsibilities
• Commander Chief, and Chief Diplomat
• Has tons of departments and agencies to help them