constitutional requirements to be president sscg13 the student will describe the qualifications for...
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Constitutional Requirements to be President
SSCG13 The student will describe the qualifications for becoming President of the U.S.
Explain the written qualifications for President of the United States. Describe unwritten qualifications common to past presidents.
Constitutional Requirements to be President1.Natural born Citizen
2.35 years old
3.Resident of the U.S. for at least 14 years
*The Vice President’s qualifications are the same as the President with the exception that he/she can not have their primary residence in the same state as the President.
Informal Presidential Qualifications1. College Educated
2. Military Experience
3. Prior government experience
Most have been white, male, protestants with families
What voters want….The impossible dream!
Cooperation w/CongressPeacekeeperAbility to solve economic problemsSomeone with good character, judgment, and
humorA sense of purposeTough, decisive, competent, effective & fairA leader with initiative
How is the President Elected?
Candidates must take two paths to win their party’s nomination: (1) Either through primaries or (2) party state conventions
Local Caucuses
Party voters in local meetings choose delegates to state conventions
Presidential Primaries
In states with primaries, party voters select some or all delegates to national convention and/or express preference for party’s nomination
State Conventions
Party voters select some or all of the delegates to the national convention
National Convention
Delegates choose the nominee of each major party – with conventions held in the summer of election year
How is the President Elected?
Democrat Nominee
Republican Nominee
Third Party Candidates
Election Day
Voters cast their ballots on Tuesday following the first Monday in November. Voters actually choose presidential electors.
Electoral College
Presidential electors meet in State capitals on Monday following the second Wednesday in December to cast electoral votes. 270 needed to win.
How does the Electoral College Work?
Electoral votes are determined by total number of senators and representatives in each state
Example
Michigan has 2 senators and 14 representatives –
total electoral votes are 16
Largest state – California, has 55 electoral votesElectors are party loyalists that are chosen by the state parties
Voters elect the slate of electors on Election Day. For Michigan: 16 Republicans or 16 Democrats, depending on majority vote.
Majority of Electors: 270 of 538 is necessary to win.
23rd Amendment allows for 3 electoral votes for Wash. DC
Inauguration of the President
Term of Office: Four Years
Inauguration: January 20th
12th AmendmentCleans up the voting “mess” that was the 1800 election (Jefferson and Burr
tied in electoral college voting). Electors vote twice, once for President, once for V.P.Restricts House, in the event the election is “tossed” to them, to vote for
top three vote-gettersElectors must vote for at least one (Pres./V-Pres.) from a different State
(why Dick Cheney, a Texan, registered to vote in Wyoming!)Requires that Vice-Presidential candidates meet same requirements as
Presidential candidates
Twelfth amendment requires the electoral college conduct two separate votes.
The first is for President.The Second is for Vice President
20th Amendment“Lame Duck” AmendmentMoves inauguration to January 20th from
original March dateCongressional start date moved to January in
same amendmentLength of time for a sitting president who is
not re-elected is reduced Goal: prevent inactivity or hasty decisions on
way out of office
Presidential Term LimitsWashington began the tradition of
serving only two terms, but it was really unlimited until the 22nd Amendment, which gave two rules:No one can be elected as President
more than twice. No one that serves more than two
years of another President’s term can be elected more than once.
Benefits of the Presidency1. Salary: $400,000 per year (beginning in 2001)
2. Perks: White House w/staff of 100+ Doctors and Health Care Expense Account of $50,000Air Force One and a fleet of jets and
helicoptersCamp David – vacation spot in MarylandPension, Retirement, and Secret Service for 10
years after they leave office
White House 132 rooms, 35 bathrooms,
28 fireplaces, 8 staircases, 3 elevators and 6 levels in the Residence
EntertainmentMovie theater, bowling
lanes, putting green
Pension Plan$166,700 a year free mailing privileges for
nonpolitical correspondence, free office space, $96,000 a year for office help, and, during the first thirty months after their term of office has ended, up to $150,000 for staff assistance.
Secret Service protection for 10 years for Pres & First Lady (children until they are 16)
Benefits of the Presidency
The White HouseAir Force One
Camp DavidMarine One
Vice Presidential Roles1. President in Waiting2. Acting President of the Senate and can
vote in order to break a tie.3. Power over presidential disability as
stated in the 25th Amendment.4. Chairs Commissions, meets foreign
dignitaries, and advises the President.5. All other responsibilities come from the
President.
The Vice President
Provisions of the Vice PresidentProvisions of the Vice President
Salary $230,700 per year
Lives in House on Observatory Hill– Located in the U.S.
Naval Observatory in Washington, D.C.
– Home to the Vice President since 1974
25th AmendmentProcedures dealing with Presidential Disability1.Vice President becomes President if the President
resigns, is removed or dies.
2.If there is a vacancy in the Vice Presidency, then the President appoints a new V.P. and both houses of Congress must approve him.
3.The Vice President becomes acting President if the President is unable to serve temporarily.
4.The President becomes acting President as soon as he declares himself fit, unless the Vice President, a majority of the Cabinet and 2/3 of the Congress declare him still unfit. Then the Vice President will remain the acting President until it is determined that the President is fit.
Presidential Succession ActFollowing World War II, a new Presidential
Succession Act of 1947 was passed
Placed the Speaker of the House and the president pro tempore of the Senate behind the vice president
The line of succession then extended to the executive department heads in the order in which their agencies were created.
Presidential Succession
John Boehner, Speaker
Patrick Leahy, Pres Pro-Tempore
John Kerry, State
Chuck Hagel, Defense
Eric Holder, US Attorney General, Dept of Justice
r
Jack Lew, Treasury
Did you know?One Cabinet member stays out of State of the Union Address…
2013 - Energy2012 - Agriculture2011 – Interior2010 – HUD (& State)2009 - Justice2008 – Energy2007 – Justice2006 – Veteran’s Affairs2005 – Commerce2004 – Commerce2003 – Justice &
Transportation2002 – Interior2001 – Veteran’s Affairs2000 – Energy1999 – HUD1998 - Commerce
1997 – Agriculture1996 – HHS1995 – Transportation1994 – Agriculture1993 – Interior1992 – Agriculture1991 – Interior1990 – Veteran’s Affairs1989 – None1988 – Interior1987 – Agriculture1986 – Agriculture
Original Intent: The Formal PowersExecutive with limited powerEnforce the laws of CongressHandle foreign policyBe chief executive and head of stateBroadly defined constitutional powers for
flexibility (has resulted in expanded power)
Commander in ChiefGrant pardons & reprievesReport on State of the Union
Informal PowersMorale builderParty leaderLegislative leaderCoalition builderCrisis managerPersonnel recruiterWorld leaderBudget setter
Agenda/policy setterConflict resolverPersuader and
policy communicator
SSCG12 The student will analyze the various roles played by the President of the United States; include Commander-in-Chief of the Armed Forces, chief executive, chief agenda setter, representative of the nation, chief of state, foreign policy leader, and party leader.
Chief Executive
Enforce the lawHead the bureaucracyAppoint federal officialsNegotiate treatiesGrant pardons, reprieves and amnesty
Chief of State
Representative of nationSymbol of AmericaHost to distinguished
delegates and visitors
Chief of the Economy
Guard the Economy
Prevent depressions
Balance budget
Commander in ChiefCivilian control of the militaryAssignment of troops with war declaration
from CongressSending troops without formal
war declaration Gulf of Tonkin Resolution
War Powers Act 1974
Party LeaderShape party platform
Campaign for party
Mobilize public opinion
Chief Legislator/Agenda Setter
State of the Union AddressRecommend legislationPresent the budgetVeto power
Chief DiplomatTreaty making with
Senate approvalEstablish diplomatic
relationsExecutive
agreements
SSCG4 The student will demonstrate knowledge of the organization and powers of the
national government.
Executive Powers1. Commander in Chief
Gulf of Tonkin Resolution – while troops are in conflict, the President can take any action to protect the troops short of declaring war.
War Powers Act – President cannot send troops out unless:
Congress declares WarA law authorizes the actionNational Emergency: but the President must follow 2
rules:Notify Congress within 48 hoursCannot keep troops abroad for more than 60 days
without Congressional Approval.
Executive Powers2. Enforces Laws
3. Executive Agreement – agreements Presidents make on behalf of the U.S. with foreign countries that do not require Senate approval.
4. Treaty – agreements Presidents make on behalf of the U.S. with foreign countries that require Senate approval.
Executive Powers5. Power of Appointment – appoints federal
officials along with judges and Supreme Court justices.
6. Power of Removal – can remove federal officials but not judges or justices.
7. Executive Privilege – the right to withhold information from Congress and the Courts
Legislative Powers1. Recommend Legislation
3 formal messages: State of the Union AddressEconomic ReportBudget Message
2. Approve Legislation – signs bill into law
Legislative Powers
3. The Veto Power – forbid legislation
4. The Pocket Veto – to sit on the bill for ten days without signing it and it is a law. However, if Congress adjourns within ten days then it cannot be overridden.
5. To call Special Sessions of Congress
Judicial Powers1. Appoint Judges and Justices to the Supreme
Court
2. *Reprieves – delay carrying out of punishments in federal crimes
3. *Pardons – release from punishment in federal crimes by absolute or conditional
4. *Amnesty – blanket pardon given to groups of people
**These do not work in cases of impeachment or in state crimes
Economic PolicyFight inflationKeep taxes lowPromote economic
growthPrevent recessionCreate jobs
Chief AdvisorsSec of TreasuryDirector of OMBEx-officio Chair of
FEDJanet YellenFED is key to
interest rates and growth of economy
FED is independent regulatory agency
Members have staggered terms beyond the president’s term
FED can’t be fired for policy decisions
National Security
In a national emergency: planning, command, unity falls to National Security Council
Diplomacy and the military are used as instruments of foreign policy
Congress must appropriate and authorize funding for treaties and war
Party Leadership
Informal head of partyRarely have control on state and local politicians
Can’t control party members in Congress b/c of constituents
Legislative & Coalition BuilderSend messages to Congress on policy and
agendaVisit the Hill to “twist arms”Acts as politician
Conflict manager, negotiator, bargainer,reconciler, coalition builder, persuader
Relationship w/CongressAppointments which require Senate
confirmationFederal judges, SC justices, Ambassadors,
Dept. Secretaries, US Attorney
Negotiate treatiesBinding only w/agreements of 2/3 of SenateExec Agreement – b/t head of countries; are as
binding as treaties
BudgetingWay to control bureaucracyIncreases/decreases based on policyBudget requests must go through OMB from
all departments and agencies before going to Congress
OMB writes the budget submitted to Congress
Impoundment & RecissionsImpoundment
Refusal of president to spend funds appropriated by Congress.
Budget Reform Act of 1974 requires notification of Congress
Congress has 45 days to delete item or pass resolution demanding release
RecissionRecommendation of president to cut part of
appropriations bills
Prime Time PresidentPress conferencesSpeeches from Oval OfficeRadio messagesFirst 100 days is the
“honeymoon period”The longer they stay in office,
the less popular they become...interest groups grow impatient, unkept promises, blamed for problems left by previous president
President & the PressPress sees itself as
the protector of democracy
Filtering – Press interpretation of what is said and what it means
Spin Doctors – put twists on what was said and done
President can “leak” info to test reaction (trial balloons) to new policy
Presidential Style and Characterby James David Barber
Active-long hours, new direction, strong leadership, innovative policies
Passive-less time and energy, let Congress take control
Positive-enjoy the power, like the challenge of the office
Negative-sense of duty to serve, try to prove themselves
Positive Negative
Active
ADAPTIVE: self-confident; flexible; creates opportunities for action; enjoys the exercise of power, does not take himself too seriously; optimistic; emphasizes the "rational mastery" of his environment; power used as a means to achieve beneficial results.
Thomas Jefferson, F. D. Roosevelt, H. Truman, J. F. Kennedy, G. Ford, G. W. Bush(?)
COMPULSIVE: power as a means to self-realization; expends great energy on tasks but derives little joy; preoccupied with whether he is failing or succeeding; low self-esteem; inclined to rigidity and pessimism; highly driven; problem managing aggression.
John Adams, W. Wilson, H. Hoover, A. Lincoln, L. B. Johnson, R. Nixon
Passive
COMPLIANT: seek to be loved; easily manipulated; low self-esteem is overcome by ingratiating personality; reacts rather than initiates; superficially optimistic.
James Madison, W. H. Taft, W. Harding, R. Reagan,Bill Clinton
WITHDRAWN: responds to a sense of duty; avoid power; low self-esteem compensated by service to others; responds rather than initiates; avoids conflict and uncertainty. emphasizes principles and procedures and an aversion to politicking.
George Washington, C. Coolidge, D. Eisenhower
Management StyleCircular
Everyone with equal access to the president
PyramidHierarchy with information to president
coming from bottom up
An Imperial Presidency?ARGUMENT:
Individual actions taken by past presidents have enlarged the power of the presidency by expanding responsibility and political resources.
Proof?Emergency PowersGrowing staffGrowing bureaucracyIncrease in media
coverageExecutive
AgreementsImpoundment PowerPocket VetoExecutive Privilege
SSCG14 The student will explain the impeachment process and its usage for elected officials.•Explain the impeachment process as defined in the U.S. Constitution.•Describe the impeachment proceedings of Andrew Johnson and Bill Clinton.
Why Impeach?High Crimes and Misdemeanors
Malfeasance (an illegal act)Misfeasance (an illegal act which could have
otherwise been done legally)Standards: acts against state or constitution
The definition of an impeachable offense is left to the House
ImpeachmentPresidents can be removed for "high crimes and
misdemeanors"House Judiciary Committee investigates to
determine if there has been an offense (A majority vote is needed in committee to send charges to House)
Simple majority in full house impeaches the officialSenate holds trial to determine whether or not to
remove official from officeChief Justice of Supreme Court presides and a 2/3
vote of the Senate is needed
Andrew Johnson – May 1868Violating Tenure of Office Act
(putting in new Secretary of War)
Saved by a single vote in the Senate, remained in office
Bill Clinton – December 1998Perjury - Votes 55 to 45
Obstruction of Justice 50-50Acquitted and remained in
office
Presidential Appointments: Why choose? Reward for political helpClaims of inclusivenessFence mendingIdeology or philosophyComfort levelAbility and notoriety
gets legitimacy for your policyCoalition building w/interest groupsAdministration of presidential policy goals
Supreme Court Appointments
Appointments have become increasingly bitter fights over judicial temperament and philosophy
Major issues includeAbortion/choice/privacyAffirmative actionSeparation of church and stateStates rightsJudicial activism/restraint
Appointments to the court are…..
Reward for political helpStatements of policy prioritiesPromotion of philosophy and ideology
Relation builders with CongressLegacy creators
The current courtConservatives
Roberts, Kennedy, Thomas, Scalia, Alito
Liberals -Breyer, Ginsburg, Sotomayor, Kagan
Presidential FirstsFather and Son
John Adams and John Quincy Adams
George H.W. Bush and George W. Bush
Presidential FirstsYoungest
Elected – John F. Kennedy (43)
Served – Theodore Roosevelt (42)
OldestRonald Reagan (age
69 & 73)
Presidential Firsts
Shortest/Longest TermsWilliam H. Harrison
(1840; 1 month)Franklin Roosevelt
(1933-1944; 4 terms)
Presidential FirstsAssassinated in Office
Abraham Lincoln 1865James Garfield 1882William McKinley 1901John F. Kennedy 1963
“I do solemnly swear, that I will faithfully execute the office of President of the United
States, and will, to the best of my ability, preserve, protect, and defend the Constitution of
the United States”
SSCG15 The student will explain the functions of the departments and agencies of the federal bureaucracy.Compare and contrast the organization and responsibilities of independent regulatory agencies, government corporations, and executive agencies.Explain the functions of the Cabinet.
What is the Administration?
The Administration is the White House staff, Executive Departments, and Independent
Agencies that assist the President in carrying out his duties of enforcing the law.
What is the Administration?The White House Staff
Handles the day-to-day activities of the President through the White House Office
The Chief of Staff heads this office
The office coordinates the President’s schedule, writes his speeches, and conducts the business of the President, etc.
Includes the White House Counsel, Political Affairs Office, Presidential Advance team
Denis McDonough,
Chief of Staff for Obama
What is the Administration?The Executive Office of the President
Provides the President with expert analysts…
The National Security Council provides military advice
The Council of Economic Advisors provides economic advice
Office of Management and Budget provides budgetary advice and writes the President’s budget for the whole government
What is the Administration?The Executive Office of the President
Other offices include:Council on Environmental Quality
Domestic Policy Council
National Economic Council
Office of Administration
Office of Faith-Based and Community Initiatives
Office of Homeland Security
Office of National AIDS Policy
Office of National Drug Control Policy
Office of Science & Technology Policy
Office of the United States Trade Representative
President's Critical Infrastructure Protection Board
President's Foreign Intelligence Advisory Board
USA Freedom Corps
White House Military Office
What is the Administration?The Executive Office of the President
All in all, the EOP employs over 2,000 staffers that work for the President alone.
Some of the senior level advisors have offices in the West Wing.
Most, however, are housed in the Old Executive Office Building, next to the White House.
Executive Departments & AgenciesThe Executive Departments implement the policies of the President and enforce the laws
There are a total of 15 Executive Departments
The heads of the Departments are called Secretaries, except for the Justice Department which is headed by the Attorney General
The heads are known as the President’s Cabinet
The Bureaucracy is made up of non-elected officials that work for the government in these departments
Department of Homeland
Security
President Obama’s Cabinet (July 2012)
Regulatory Agencies
Regulates a sector of the economy or government
Regulations protect the public
EXAMPLES:
FRB (Federal Reserve Board - banks)FCC (Federal Communications Commission - broadcast media)OSHA (Occupational Safety & Health
Administrations - workplace)FDA (Food & Drug Administration - food producers & pharmaceuticals)
Government Corporations
Provide goods or services that could be offered by a private company
Typically provide the services at a cheaper rate than a private corporation could
EXAMPLES:
Tennessee Valley Authority (power/electricity)
Postal Service (mail services)
Amtrak (railroad transportation)
AP Government
Bureaucracy
Large, complex organization of appointed, not elected, officials
The bureaucracy was set up to accomplish policy goals
People are hired because of skills that they have to implement policy goals.
Max WeberDefined the prototype bureaucracy Characteristics:
Hierarchical authority structure – bottom up leadership
Task specialization – experts in fieldRules – similar procedures for similar
situationsMerit principles – entrance and promotion
based on abilityImpersonality – treat clients impartially
Bureaucracy: The Big JokeRED TAPE
Parkinson’s Law – work and personnel will expand to consume available resources
Peter Principle – personnel are promoted to their highest level of incompetence
Did you know?The bureaucracy began in 1789 with the
creation of the Dept. of State
Most federal employees work for only a few agencies
About 55% work for the Department of Defense and Postal Service
Only about 10% work in D.C.
2.8 million civilian employees
Characteristics of American Federal Bureaucracy
Divided SupervisionCongress creates, organizes and disbands all
agenciesPolitical authority is shared between Congress
& executive branch
Public ScrutinyAbout ½ cases in federal court involve gov’t
Regulation (not public ownership)Gov’t regulates privately owned businesses
instead of owning the businesses as a gov’t
Civil ServiceOriginally a patronage (spoils) system
Changed as a result of the actions of a disappointed office seeker who shot and killed Garfield in 1881 because he wouldn’t give him a job
Civil ServicePendleton Act in 1883 promotes hiring based
on merit and nonpartisan government service
Now use entrance exams for job placement and promotions
Civil ServiceHatch Act of 1939 prevents workers from
active participation in partisan politicsCan’t: run for office, be involved in
campaigns, make political speeches, disseminate political info
Can: vote, make campaign contributions, join parties, participate in non-partisan campaigns
Civil ServiceHatch Act amended in 1993
Civil servants can engage in political activities as long as they are off dutydo not run for office don’t work in sensitive government areas
AppointmentsAppointments are often characterized by
transience – few more than 2 yearsWhen a new administration takes office,
Congress publishes the plum book which lists the top federal jobs available for appointment. About 400 top positions.
President then searches based on talent, political skills, policy expertise, demographic balance and campaign support.
Four Types of Bureaucratic AgenciesCabinet
Regulatory Agencies
Government Corporations
Independent Agencies
Cabinet15 departments
Secretary is the head of department
Chosen by president and approved by Senate
Each has their own policy areas and budgets
Can be fired at president’s will
Secretary, Undersecretary, bureaus, agency commissions
Regulatory AgenciesRegulates a sector of the economy to
protect the public interest
QUASI – LEGISLATIVE because it makes rules
QUASI – JUDICIAL because it settles claims
FRB, FCC, FTC, OSHA, FDA, SEC
Regulatory Agencies
Governed by a small commission members are appointed by the president confirmed by the Senate staggered termsfixed terms that extend past President’s termneither party may have a majority on a board
or commission
Government CorporationsProvide services for a fee that could be
handled by the private sector and generally charge cheaper rates
TVA, Postal Service, Amtrak, Public Broadcasting Corporation
Independent AgenciesExist outside the structure of the Cabinet
departments and perform services for the government and the public that are often too costly for the private sector
Appointed by President and serve at his will
NASA, NSF (National Science Foundation), GSA (General Services Administration), FEC (Federal Election Commission), Civil Rights Commission
What role do bureaucrats play?
Communicate with each otherMaintain paper for accountabilityInterpret the lawImplement the objectives of the organization
Bureaucracy as Implementors
Implementation is the policymaking stage between the establishment of a policy and the consequences of the policy.
ImplementationIncludes three elements:
Creation of a new agency or assignment of responsibility to an old one
Translation of policy into operational rulesCoordination of resources and personnel to
achieve the intended goals
Regulation through bureaucracyRegulation is the use of governmental
authority to control or change some practice in the private sector.
Agencies must apply and enforce rules and guidelines Can be done either in court or by administrative
procedures which use either inspectors, complaints, or licensing to monitor behavior.
Regulation
All regulation contains:A grant of power from Congress
A set of rules and guidelines
Some means of enforcing compliance
Executive Control on the Bureaucracy
President tries to control by:Appointing the right people to headTinkering with agency budgetIssuing executive ordersReorganizing an agency w/Congress
Congressional Control over the Bureaucracy
Congress tries to control by:Influencing the appointment of dept head
(Senate confirmation)Tinkering with budgetHolding oversight hearingsRewriting more detailed legislationEstablishing new agencies or departments