The Presidency

Chapter 8 – The Presidency

Section 1 – President and Vice President

Standard• SSCG13: The student will describe the

qualifications for becoming President of the United States

Duties of the President

The constitutional duties of the nation’s first president, George Washington, and those of a and those of a modern president are much the same. However, presidents today have enormous power and responsibility.

Duties of the PresidentAmong the duties of the president are:1) Commander in chief of armed forces2) Appoints (with Senate consent) heads of

executive departments, federal court judges and other top officialsand other top officials

3) Makes treaties with the advice and consent of the Senate

4) Meets with heads of state5) Hosts foreign officials

6) Appoints ambassadors to represent the United States in other countries

7) Ensures that all the laws of the United States are “faithfully executed” (a vast bureaucracy assists the president)

8) Pardons people convicted of federal crimes, except impeachmentcrimes, except impeachment

9) Reduces a person’s jail sentence or fine10)Delivers an annual State of the Union

Address to Congress11)Leadership role in proposing policy

changes

President’s TermOriginally, the Constitution did not specify how many four-year terms a president could serve. George Washington set a long held precedent when he served eight years and refused to run for a third term. years and refused to run for a third term. In 1940 and 1944, Franklin D. Roosevelt broke this tradition when he ran and was elected for a third and fourth term.

President’s Term

In 1951, Congress proposed and the states ratified the Twenty-second Amendment as a Amendment as a reaction to Roosevelt’s four terms and concern over too much executive power.

• This amendment secured the traditional presidential limitation of two terms, while allowing a vice president who takes over the presidency and serves two years or the presidency and serves two years or less of the former president’s term to serve two additional terms. Thus it is possible for a president to serve up to 10 years.

Salary and Benefits

• Salary - $400,000 annually• Nontaxable travel allowance - $100,000 annually• Congress cannot increase or decrease a the

salary during a president’s term• Air Force One, other planes, helicopters and • Air Force One, other planes, helicopters and

limousines are made available• Free medical, dental and health care• Live in the White House, a 132-room mansion

with a swimming pool, bowling alley, private movie theater and tennis courts

• Large White House domestic staff• Pays all expenses of operating the White

House that relate to government business• Lifetime pension of $148,400 annually

when they retirewhen they retire• Free office space, free mailing service and

$96,000 annually for office help• After the death of the president, the

spouse is eligible for a pension of $20,000 annually

Presidential Qualifications

Constitutional Requirements

• Natural-born citizen of the United States

• At least 35 years old

• Resident of the United States for at least 14 years before for at least 14 years before taking office

These requirements are found in Article II, Section I of the Constitution. The same requirements apply to the vice president. Why?

Presidential Qualifications

• Experience in government (provides the opportunity to form political alliances and gain name recognition)

• Money (candidates must have the ability to raise • Money (candidates must have the ability to raise money to pay for very costly campaigns)

• Political views (both parties tend to choose people with moderate party views to appeal to a wide variety of people)

Personal Characteristics of Past Presidents

• Northern European family backgrounds

• Middle – class backgrounds (some exceptions)

• Male• Male

• White (Obama is exception)

• Married

• Protestant (exception – John F. Kennedy –Catholic)

Let’s Recap:

• With your partner, Answer:

• Why do you think the personal qualifications for the presidency are more demanding than the Constitutional demanding than the Constitutional qualifications?

• EQ: What qualifications do you think are most necessary for carrying out the duties of the office of the president?

Presidential Succession

• Eight presidents have died in office (four were assassinated and four died of natural causes)

• After Kennedy’s assassination in 1963, the country realized that the rules for presidential succession established by the Constitution were inadequate.

• The Twenty-fifth Amendment ratified in 1967 established • The Twenty-fifth Amendment ratified in 1967 established the order of succession to the presidency and spelled out what happened when the vice presidency becomes vacant.

• This amendment was first applied in 1973 after Vice President Spiro Agnew resigned and was replaced by Gerald Ford. Less than a year later, Nixon resigned and Ford became president and nominated Nelson Rockefeller as vice president. This has been the only time in our nation’s history that neither the president nor the vice president were elected.

Presidential Succession

1) The Vice President

2) Speaker of the House

3) President Pro Tempore of the Senate

4) Secretary of State

5) Secretary of the Treasury

6) Secretary of Defense

7) Attorney General

8) Secretary of the Interior 8) Secretary of the Interior

9) Secretary of Agriculture

10) Secretary of Commerce

11) Secretary of Labor

12) Secretary of Health

13) Secretary of Housing

14) Secretary of Transportation

15) Secretary of Energy

16) Secretary of Education

17) Secretary of Veterans Affairs

18) Secretary of Homeland Security

Presidential Disability

The Twenty-fifth Amendment sets forth a series of rules to be followed when a president is disabled. The amendment provides that the vice president becomes acting president under one of the following two conditions:

1) if the president informs Congress of his or her inabilityto perform the duties of the office

2) if the vice president and a majority of the cabinet or2) if the vice president and a majority of the cabinet oranother body authorized by law informs Congress that thepresident is unable to perform the duties of the office

The provisions of this amendment allow the president to resume the powers and duties of president at any time by simply notifying Congress that the disability no longer exists. If the vice president, a majority of the cabinet or other authorized body disagrees with this assessment, Congress has to settle the dispute within 21 days. Unless the Congress decides in favor of the vice president by a 2/3’s vote in each house, the president may resume office.

The Vice President

The Role of the Vice President

The Constitution gives the vice president only two duties. 1) The vice president presides over the

Senate and votes in that body in caseof a tie.of a tie.

2) The vice president helps decide if thepresident is disabled and acts aspresident should that occur.

Fourteen vice presidents have become president. Nine of these have succeeded to the office upon the death or resignation of the president.

Modern Responsibilities

• A vice president’s work and power depend upon what responsibilities, if any, the president assigns.

• The presidents before • The presidents before Eisenhower usually ignored their vice presidents.

• Since Eisenhower, presidents have tried to give their vice presidents more responsibility.

Vice President Joe Biden

Modern Responsibilities

• Participate in policy discussions

• Special assignments such as making speeches to defend the president’s policiespolicies

• Diplomatic activities such as representing the president overseas

• Member of the National Security Council

Chapter 8 – The Presidency

Section 2 – Electing the President

Historical Background

Initially, the Founders at the Constitutional Convention proposed that Congress should choose the President without a popular or electoral vote. They gave up on this idea because it violated the principle of separation of powers and would have allowed the Congress to dominate the presidency. They disregarded a popular dominate the presidency. They disregarded a popular vote because they believed that citizens did not know enough about the candidates to make a wise choice and that the most popular candidate might not make the best president. After weeks of debate, the Founders settled on a compromise introduced by Alexander Hamilton. This compromise set up an indirect method of election called the Electoral College. (Article II, Section I)

The Electoral College The Original System

• Each state would choose electors by a method set up by state legislatures.

• Each state would have as many electors as it had senators and representatives in Congress.

• At election time, the electors would meet in their own states and cast votes for two presidential candidates.votes for two presidential candidates.

• There was no popular vote.

• All electoral votes would be counted by a joint session of Congress.

• The candidate receiving the most votes would become president and the one with the second most votes would become vice president.

• In the event of a tie or if no candidates received a majority, the House of Representatives would choose both offices, with each state getting one vote only.

Impact of Political Parties• George Washington was the unanimous choice of the Electoral College

to be the president in 1789 and 1792.• After his retirement, political parties began to have an unexpected and

profound impact on the Electoral College.• By 1800, two parties had nominated two candidates for president and

vice president and electors from each state. It was understood that if they were chosen that these electors would vote for the party’s candidates.

• The election of 1800 ended with a tie in the electoral votes which had to be decided by the House.

• In 1804, the Twelfth Amendment was added to the Constitution which provided that the president and vice president be elected on separate ballots. If no candidate receives a majority, the House chooses from the three candidates who have the most electoral votes. If no candidate receives a majority for vice president, the Senate chooses from the top two candidates.

• In the 1820’s states began to put candidates names on the ballot and political parties have chosen electors by popular vote.

• Parties have also changed their method of nominating presidential candidates to give the people more of a vote.

The Electoral College The Electoral College System Today

• Parties choose their nominees for president in conventions held late in the summer.

• Voters cast their ballot for president every four years on the Tuesday after the first Monday during the month of November.

• Although the candidate’s name is printed on the ballot, voters are actually casting their votes for their party’s state electors.

• In December (Monday following the second Wednesday in state capitals), the • In December (Monday following the second Wednesday in state capitals), the electors cast the official vote for president and vice president. The ballots are mailed to the president of the Senate to be counted later.

• The Electoral College included 538 electors – a number determined by the total of House and Senate members plus three for the District of Columbia.

• To be president or vice president, a candidate must win at least 270 of the 538 electoral votes.

• The Electoral College is a winner take all system with the exception of Maine and Nebraska.

• January 6th the electoral vote is counted by both houses of Congress in the House of Representatives. Congress then officially declares a winner.

• Most states do not legally require electors to vote for the candidate who wins the popular vote, but most do. Only eleven electors have broken this custom.

The Electoral Map

1. Which state has the most electoral votes? How many?2. What is the least number of electoral votes per state? Explain3. Do you think that the Electoral College is a good way to elect the

president? Why or why not?

Weaknesses of the Electoral College System

• Winner Take All System(In the elections of 1824 –John Quincy Adams, 1876 –Rutherford B. Hayes, 1888 – Benjamin Harrison and 2000 – George W. Bush – candidates won the electoral vote, but not the popular vote and became president)

• Third-Party Candidates• Third-Party Candidates• Election by the House (Each state gets one vote and the

candidate who gets 26 votes wins) There are three problems with this option:1) small states have equal weight to large states2) if a majority of representatives cannot agree on a

candidate – the state loses its vote3) if some representatives favor a third-party candidate

it could be difficult for any candidate to get 26 votes

Ideas for Reform

1. Choose electors from congressional districts – each state would have two electoral votes plus one from each congressional district. The candidate who received the most votes would get the vote from the congressional district and the candidate who won most districts would get the other two votes.

2. The candidate would win the same percentage of the 2. The candidate would win the same percentage of the electoral vote as they won the popular vote. (third parties could force the election to be decided by the House if they got too many electoral votes)

3. Do away with the Electoral College completely and let the people vote for the president and vice president directly. (this may undermine federalism by taking away the states role in choosing a president and candidates would only focus on high population areas)

The Inauguration

The new president is called the president-elect until the inauguration which takes place at noon on January 20th in the year following the election. The Constitution requires the Constitution requires the president to take a simple oath. The president-elect rides with the outgoing president from the White House to the Capitol for the ceremony. The chief justice administers the oath and the new president makes an inaugural address.

The Cabinet

• One of the president’s first duties is to organize and staff the executive branch of government.

• Today, the president appoints the secretaries appoints the secretaries that head the 15 major executive departments.

• The 15 secretaries, the vice president and several other top officials make up the president’s cabinet.

Major Factors in Appointments

• A major consideration is that the appointee have a compatible background with the department he or she will lead.

• Another consideration is geographic balance.(ex: Secretary of Ag is typically from a farm state, Sec of HUD is from a big city.)balance.(ex: Secretary of Ag is typically from a farm state, Sec of HUD is from a big city.)

• Acceptability to interest groups is also important. (Secretary of Labor must be acceptable to labor groups)

• Experience in the role they are assuming is also important, along with race and gender balances.

• As women and minority groups have gained political power, presidents have considered race and gender when selecting their cabinet.

• Robert Weaver became the first African-• Robert Weaver became the first African-American department leader when Lyndon Johnson appointed him as the head of HUD. FDR appointed the first woman to the cabinet with Secretary of Labor Frances Perkins.

The Role of the Cabinet

• The cabinet is intended to serve as an advisory body to the president.

• The cabinet meets when the president calls it together. calls it together.

• Recent presidents have used their cabinets as more of a sounding board for ideas rather than the advisory body that President Washington had envisioned.

The Executive Office

• The Executive Office of the President (EOP) consists of individuals and agencies that directly assist the president.

• Today’s EOP consists of the White House Office and several specialized agencies that all report and several specialized agencies that all report directly to the president.

• The Office of Management & Budget (OMB) is the largest agency in the EOP.

• The OMB prepares the national budget that the president proposes to Congress each year.

The White House Office

• The White House Office has become one of the most important parts of the EOP.

• These top assistants become the inner circle around the president.

• Positions include the • Positions include the president’s chief of staff, White House counsel, and press secretary.

• Key aides to the president decide what or who gets through to the president.

Presidential Powers

• Many presidential powers are not listed in the Constitution. The presidency is defined not just by the Constitution, but the personal energy and influence of the personal energy and influence of the individual and the mandate, or expressed will of the people have shaped the presidency into its modern form.

Roles of the President

• Head of State

• Chief Executive

• Chief Legislator

• Economic Planner• Economic Planner

• Party Leader

• Chief Diplomat

• Commander in Chief

• The president has broad powers to manage national affairs and the workings of the federal government.

• The president can issue rules, regulations, and instructions called executive orders, which instructions called executive orders, which have the binding force of law upon federal agencies but do not require congressional approval.

• The president may also negotiate with foreign countries "executive agreements" that are not subject to Senate confirmation.

Head of State

• The president represents the nation and performs many ceremonial roles.

• As the nation’s chief diplomat, he hosts visiting kings, queens and other kings, queens and other heads of government.

• The president is both head of state and chief executive. In most countries, these two roles are held by separate people.

Chief Executive

• As chief executive, the president sees that the laws passed by Congress are carried out. carried out.

• The executive branch employs more than two million people to enforce the laws and programs passed by Congress.

Chief Legislator

• Congress expects the executive branch to propose legislation it wishes to see enacted.

• The president describes his legislative program in his legislative program in the annual State of the Union address.

• The president can use political favors or his veto power as lawmaking tools.

Economic Planner

The Employment Act of 1946 expanded the president’s role as economic planner by

1) requiring the president to submit an annual economic report to Congressannual economic report to Congress

2) creating a Council of Economic Advisors

3) requiring the government to promote the economic development of the country

4) requiring the president to prepare an annual budget

Party Leader

• The president is expected to be the leader of his party.

• He may give speeches or attend fundraisers to help raise money for the party.

• The president also selects the party’s national chairperson party’s national chairperson and help plan the party’s future election strategies.

• Presidents are expected to appoint party members to available jobs. (patronage)

Chief Diplomat

• The president directs the foreign policy of the United States, making key decisions about the relations the United States has with other countries.

• The president shares foreign policy powers with Congress.

• The president has an advantage because it has more access to information than Congress.

Commander in Chief

• The Constitution makes the president the commander in chief of the armed forces.

• The president shares with the Congress the power to make war.

• Although other military leaders • Although other military leaders run the military on a day-to-day basis, the president is responsible for key military decisions.

• The president may also use the military to control serious disorders in the nation.