The Founding of the The Founding of the American PresidencyAmerican Presidency

What were the framers What were the framers worried about?worried about? Not ending up with a monarchy Not ending up with a monarchy

(elected, hereditary, or achieved (elected, hereditary, or achieved through violence)through violence)

Checking the legislative branchChecking the legislative branch Minimizing corruption, Minimizing corruption,

maximizing responsibilitymaximizing responsibility Mustering support of 9 states Mustering support of 9 states

The Declaration of The Declaration of IndependenceIndependence He has refused his Assent to Laws, the most wholesome and necessary He has refused his Assent to Laws, the most wholesome and necessary

for the public good.for the public good. He has forbidden his Governors to pass Laws of immediate and pressing He has forbidden his Governors to pass Laws of immediate and pressing

importance, unless suspended in their operation till his Assent should be importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to obtained; and when so suspended, he has utterly neglected to attend to them.them.

He has called together legislative bodies at places unusual, He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his for the sole purpose of fatiguing them into compliance with his measures. measures.

He has made Judges dependent on his Will alone, for the tenure of their He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.offices, and the amount and payment of their salaries.

He has kept among us, in times of peace, Standing Armies without the He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.Consent of our legislatures.

He has affected to render the Military independent of and superior to the He has affected to render the Military independent of and superior to the Civil power.Civil power.

For Quartering large bodies of armed troops among us:For Quartering large bodies of armed troops among us:

……continuedcontinued

For protecting them, by a mock Trial, from punishment for any For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:For cutting off our Trade with all parts of the world: For imposing Taxes on us without our Consent: For imposing Taxes on us without our Consent: For depriving us in many cases, of the benefits of Trial by Jury:For depriving us in many cases, of the benefits of Trial by Jury: For transporting us beyond Seas to be tried for pretended offencesFor transporting us beyond Seas to be tried for pretended offences For taking away our Charters, abolishing our most valuable Laws, and For taking away our Charters, abolishing our most valuable Laws, and

altering fundamentally the Forms of our Governments:altering fundamentally the Forms of our Governments: For suspending our own Legislatures, and declaring themselves For suspending our own Legislatures, and declaring themselves

invested with power to legislate for us in all cases whatsoever.invested with power to legislate for us in all cases whatsoever. He has abdicated Government here, by declaring us out of his He has abdicated Government here, by declaring us out of his

Protection and waging War against us.Protection and waging War against us. He is at this time transporting large Armies of foreign Mercenaries to He is at this time transporting large Armies of foreign Mercenaries to

compleat the works of death, desolation and tyranny, already begun compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.barbarous ages, and totally unworthy the Head of a civilized nation.

The Articles of The Articles of Confederation Confederation (1777)(1777)

No executive branchNo executive branch Execution of laws left to statesExecution of laws left to states Members of Congress chosen, paid, Members of Congress chosen, paid,

and recalled by state legislaturesand recalled by state legislatures Each state has one voteEach state has one vote Congress cannot levy taxes or Congress cannot levy taxes or

regulate interstate commerceregulate interstate commerce No national army, only state militiasNo national army, only state militias

Article IIArticle II

Article. II.Article. II. Section. 1.Section. 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during The executive Power shall be vested in a President of the United States of America. He shall hold his Office during

the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows: Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the

whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.Elector.

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this purpose shall consist of a Member or Members from two thirds of the States, and having one Vote; A quorum for this purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.which Day shall be the same throughout the United States.

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.President shall be elected.

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.other Emolument from the United States, or any of them.

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, (or affirm) 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."preserve, protect and defend the Constitution of the United States."

Article IIArticle II

Section. 2.Section. 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of The President shall be Commander in Chief of the Army and Navy of the United States, and of

the Militia of the several States, when called into the actual Service of the United States; he may the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.Senate, by granting Commissions which shall expire at the End of their next Session.

Section. 3.Section. 3. He shall from time to time give to the Congress Information of the State of the Union, and He shall from time to time give to the Congress Information of the State of the Union, and

recommend to their Consideration such Measures as he shall judge necessary and expedient; he recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.United States.

Section. 4.Section. 4. The President, Vice President and all civil Officers of the United States, shall be removed from The President, Vice President and all civil Officers of the United States, shall be removed from

Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.Misdemeanors.

Debates over the executive Debates over the executive branch at Philadelphiabranch at Philadelphia

Major debatesMajor debates How to elect the president (and how How to elect the president (and how

long will he serve)?long will he serve)? Will there be one or several Will there be one or several

presidents?presidents?

A plural executive?A plural executive?

““a single man would feel the greatest a single man would feel the greatest responsibility and administer the public affairs responsibility and administer the public affairs best.” (John Rutledge)best.” (John Rutledge)

““the executive magistracy [i]s nothing more the executive magistracy [i]s nothing more than an institution for carrying the will of the than an institution for carrying the will of the Legislature into effect…the Legislature should Legislature into effect…the Legislature should be at liberty to appoint one or more be at liberty to appoint one or more [executives] as experience might dictate.” [executives] as experience might dictate.” (Roger Sherman)(Roger Sherman)

A Plural Executive?A Plural Executive?

““Unity in the executive magistracy Unity in the executive magistracy ..is the fetus of monarchy…[I do ..is the fetus of monarchy…[I do not see why] the great requisites not see why] the great requisites for the Executive department, for the Executive department, vigor, dispatch and responsibility, vigor, dispatch and responsibility, could not be found in three men could not be found in three men as well as in one man.”as well as in one man.”

--Mr. Randolph, June 1, 1787--Mr. Randolph, June 1, 1787

Federalist 70Federalist 70

““A feeble executive implies a feeble execution A feeble executive implies a feeble execution of the government. A feeble execution is but of the government. A feeble execution is but another phrase for bad execution; and a another phrase for bad execution; and a government ill executed, whatever it may be government ill executed, whatever it may be in theory, must be, in practice, a bad in theory, must be, in practice, a bad government…[The convention delegates] have government…[The convention delegates] have declared in favor of a single executive…That declared in favor of a single executive…That unity is conducive to energy will not be unity is conducive to energy will not be disputed. Decision, activity, secrecy, and disputed. Decision, activity, secrecy, and dispatch will generally characterize the dispatch will generally characterize the proceedings of one man in a much more proceedings of one man in a much more eminent degree than the proceedings of any eminent degree than the proceedings of any greater number.”greater number.”

Debates over the executive Debates over the executive branch at Philadelphiabranch at Philadelphia

Major debatesMajor debates How to elect the president (and how How to elect the president (and how

long will he serve)?long will he serve)? Will there be one or several Will there be one or several

presidents?presidents? AppointmentsAppointments

Appointment powerAppointment power

Agreement that Congress should Agreement that Congress should create offices (not the president)create offices (not the president)

Who appoints government officials and Who appoints government officials and military officers? Judges? Could military officers? Judges? Could members of Congress serve?members of Congress serve?

June 5-13: judges should be chosen by June 5-13: judges should be chosen by CongressCongress

Aug. 6: Congress appoints the Aug. 6: Congress appoints the Treasurer; Senate appoints Treasurer; Senate appoints ambassadors, judges; Presidents ambassadors, judges; Presidents appoint everyone elseappoint everyone else

Appointment power Appointment power (final version)(final version) The president…shall nominate and by and with The president…shall nominate and by and with

the Advice and Consent of the Senate, shall the Advice and Consent of the Senate, shall appoint Ambassadors, other public minister appoint Ambassadors, other public minister and Consuls, Judges of the Supreme Court, and and Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose all other Officers of the United States, whose Appointments are not herein otherwise Appointments are not herein otherwise provided for, and which shall be established by provided for, and which shall be established by law: but the Congress may by law vest the law: but the Congress may by law vest the Appointment of such inferior Officers, as they Appointment of such inferior Officers, as they think proper, in the President alone, the Courts think proper, in the President alone, the Courts of Law, or in the Heads of Departments. of Law, or in the Heads of Departments.

Article 2, section 2Article 2, section 2

Debates over the executive Debates over the executive branch at Philadelphiabranch at Philadelphia

Major debatesMajor debates How to elect the president (and how long How to elect the president (and how long

will he serve)?will he serve)? Will there be one or several presidents?Will there be one or several presidents? AppointmentsAppointments

Minor debatesMinor debates The veto powerThe veto power War powers and treatiesWar powers and treaties The ‘executive power’The ‘executive power’

The Vesting ClausesThe Vesting Clauses

The executive Power shall be vested The executive Power shall be vested in a President of the United States of in a President of the United States of America. America. – Article II, Section 1Article II, Section 1

All legislative Powers herein granted All legislative Powers herein granted shall be vested in a Congress of the shall be vested in a Congress of the United States United States – Article I, Section 1Article I, Section 1

Debates over the executive Debates over the executive branch at Philadelphiabranch at Philadelphia

How to elect the president (and how long will he How to elect the president (and how long will he serve)?serve)?

Will there be one or several presidents?Will there be one or several presidents? AppointmentsAppointments The veto powerThe veto power War powers and treatiesWar powers and treaties The ‘executive power’The ‘executive power’ ImpeachmentImpeachment Requesting advice from department headsRequesting advice from department heads

More debates among More debates among the framersthe framers I “wish that at the end of the four I “wish that at the end of the four

years they had made [the years they had made [the president] forever ineligible a president] forever ineligible a second time” (Thomas Jefferson)second time” (Thomas Jefferson)

[I wish the convention had] “given [I wish the convention had] “given more power to the President and more power to the President and less to the Senate” (John Adams)less to the Senate” (John Adams)

Opposition to the Opposition to the executiveexecutive““Your president may easily become a King. If Your president may easily become a King. If

your American chief be a man of ambition, your American chief be a man of ambition, how easy it is for him to render himself how easy it is for him to render himself absolute: The army is in his hands, and if he absolute: The army is in his hands, and if he be a man of address it will be attached to be a man of address it will be attached to him…and what have you to oppose this him…and what have you to oppose this force? What will then become of you and force? What will then become of you and your rights? Will not absolute despotism your rights? Will not absolute despotism ensue?”ensue?”

--Patrick Henry, opposing ratification by --Patrick Henry, opposing ratification by the state of Virginiathe state of Virginia

Hamilton’s Defense Hamilton’s Defense

““Energy in the executive is a leading Energy in the executive is a leading character in the definition of good character in the definition of good government. It is essential to the government. It is essential to the protection of the community against protection of the community against foreign attacks; it is not less essential to foreign attacks; it is not less essential to the steady administration of the laws; to the steady administration of the laws; to the protection of property…to the security the protection of property…to the security of liberty against the enterprises and of liberty against the enterprises and assaults of ambition, faction and anarchy.”assaults of ambition, faction and anarchy.”– Federalist Papers No. 70Federalist Papers No. 70

AmbiguitiesAmbiguities

What does “the executive power” mean? What does “the executive power” mean? How political can the president be?How political can the president be? If the president can appoint, can he If the president can appoint, can he

remove?remove? Who is to have control over the Who is to have control over the

bureaucracy?bureaucracy? What are high crimes and misdemeanors?What are high crimes and misdemeanors? Who’s in charge of initiating limited wars?Who’s in charge of initiating limited wars?