The InstitutionsThe Institutions

Unit 4BUnit 4B

The PresidencyThe Presidency

The White HouseThe White House

Constitutional Constitutional QualificationsQualifications

Be at least 35 years oldBe at least 35 years old A natural-born citizen of the United A natural-born citizen of the United

StatesStates Lived in the U.S. for 14 yearsLived in the U.S. for 14 years

““Other” QualificationsOther” Qualifications Political experience (usually have SOME)Political experience (usually have SOME)

Vice presidents, state governors, U.S. senators, U.S. Vice presidents, state governors, U.S. senators, U.S. representativesrepresentatives

Presidents with no prior elected office: Presidents with no prior elected office: Zachary Taylor (W), Ulysses S. Grant (R), William H. Taft (R), Herbert Hoover (R), Dwight Zachary Taylor (W), Ulysses S. Grant (R), William H. Taft (R), Herbert Hoover (R), Dwight

Eisenhower (R)Eisenhower (R)

Military service (not required, but many see it as Military service (not required, but many see it as important)important) 12 Presidents with no prior military service: 12 Presidents with no prior military service:

John Adams (F), John Quincy Adams (D-R, NR), Martin van Buren (D), Grover Cleveland (D), John Adams (F), John Quincy Adams (D-R, NR), Martin van Buren (D), Grover Cleveland (D), William Howard Taft (R), Woodrow Wilson (D), Warren Harding (R), Calvin Coolidge (R), William Howard Taft (R), Woodrow Wilson (D), Warren Harding (R), Calvin Coolidge (R), Herbert Hoover (R), Franklin Roosevelt (D), Bill Clinton (D), Barack Obama (D)Herbert Hoover (R), Franklin Roosevelt (D), Bill Clinton (D), Barack Obama (D)

White Anglo-Saxon Protestant (WASP)White Anglo-Saxon Protestant (WASP) John F. Kennedy (D) was first Catholic president (1961-1963)John F. Kennedy (D) was first Catholic president (1961-1963) Barack Obama (D) was first black president (2009-Present)Barack Obama (D) was first black president (2009-Present)

Charismatic (good speaker, schmoozer, access to Charismatic (good speaker, schmoozer, access to campaign $$)campaign $$)

Outsider (promises to clean up Washington)Outsider (promises to clean up Washington) Not involved in the “mess in Washington” (Carter, Reagan, Clinton)Not involved in the “mess in Washington” (Carter, Reagan, Clinton)

Only two female vice-presidential major party candidatesOnly two female vice-presidential major party candidates Geraldine Ferraro (D) (1984), Sarah Palin (R) (2008) Hilary Clinton Pres Primary (D) Geraldine Ferraro (D) (1984), Sarah Palin (R) (2008) Hilary Clinton Pres Primary (D)

20082008 James Buchanan (R) was only president not married (1857-1861)James Buchanan (R) was only president not married (1857-1861)

John Tyler (W) (1841-1845) and Woodrow Wilson (D) (1913-1921) married during their termsJohn Tyler (W) (1841-1845) and Woodrow Wilson (D) (1913-1921) married during their terms

Electoral CollegeElectoral College Article II establishes Electoral CollegeArticle II establishes Electoral College

12th Amendment requires vote for president AND vice 12th Amendment requires vote for president AND vice presidentpresident

In response to Election of 1800; Jefferson and BurrIn response to Election of 1800; Jefferson and Burr Each state receives number of electors equal to number Each state receives number of electors equal to number

of representatives and senatorsof representatives and senators 23rd Amendment provides 3 electoral votes for District of 23rd Amendment provides 3 electoral votes for District of

ColumbiaColumbia Usually, state political parties nominate their electorsUsually, state political parties nominate their electors

Winner-take-all for 48 states based on popular vote in Winner-take-all for 48 states based on popular vote in statestate

Maine and Nebraska split electoral votesMaine and Nebraska split electoral votes Electoral majority requiredElectoral majority required

Currently, 270 out of 538Currently, 270 out of 538 House of Representatives chooses if no majorityHouse of Representatives chooses if no majority

20th Amendment requires newly elected incoming House to choose20th Amendment requires newly elected incoming House to choose

Presidential Candidates and State Campaigns

Number of Hand Waves depicts number of presidential and vice-presidential candidate visits in last five weeks of election of 2004

Number of Dollar Signs depicts number of presidential campaign spending in last five weeks of election of 2004

Electoral College? Polls increasing against

Electoral College as antiquated or undemocratic May win national popular

vote, but no electoral majority

Candidates ignore several states in favor of large states and swing states

Propose choose electors based on winner of each congressional district OR national popular vote only

Election of 1824 Andrew Jackson earned popular

vote and plurality of electoral votes

House of Rep elected John Q. Adams

Election of 1876 Samuel Tilden (D) won over 50%

of popular vote 3 contested states awarded to

Rutherford B. Hayes (R) Election of 1888

Grover Cleveland (D) won popular vote, but lost to Benjamin Harrison (R) in electoral votes

Election of 2000 Al Gore (D) won popular vote, but

lost to George W. Bush (R) U.S. Supreme Court decided on

recount of Florida’s votes

270 to Win270 to Win

http://www.270towin.com/2016_election_predictions.php?mapid=bIrY

What happens if they don’t get 270? What happens if they don’t get 270? Election is tossed to the House – Election is tossed to the House – who votes – one vote per state.who votes – one vote per state.

InaugurationInauguration ““I do solemnly swear (or I do solemnly swear (or

affirm) that I will faithfully affirm) that I will faithfully execute the Office of execute the Office of President of the United President of the United States, and will to the best States, and will to the best of my Ability, preserve, of my Ability, preserve, protect and defend the protect and defend the Constitution of the United Constitution of the United States.” – Oath of OfficeStates.” – Oath of Office

Twentieth Amendment Twentieth Amendment (1933) established January (1933) established January 2020thth as inauguration date as inauguration date Used to be on March 4Used to be on March 4thth

Since John Adams, the Chief Since John Adams, the Chief Justice of the Supreme Justice of the Supreme Court has administered the Court has administered the oathoath

Presidential Terms of Presidential Terms of OfficeOffice

Four-year termsFour-year terms Originally, no limit to number of terms Originally, no limit to number of terms

servedserved George Washington set George Washington set

precedent/tradition of two termsprecedent/tradition of two terms Franklin D. RooseveltFranklin D. Roosevelt

Elected to 4 terms (1932, 1936, 1940, 1944)Elected to 4 terms (1932, 1936, 1940, 1944) 22nd Amendment (1951)22nd Amendment (1951)

Limited president to two termsLimited president to two terms

Presidential BenefitsPresidential Benefits $400,000 annual salary$400,000 annual salary $50,000 annual tax-free expense account$50,000 annual tax-free expense account $100,000 annual tax-free travel allowance$100,000 annual tax-free travel allowance Taxable pension planTaxable pension plan Secret Service protectionSecret Service protection Support staffSupport staff White House staff of 400-500 peopleWhite House staff of 400-500 people Camp David, a countryside getawayCamp David, a countryside getaway Air Force One (plane) and Marine One Air Force One (plane) and Marine One

(helicopter)(helicopter) Considered the most powerful person in the Considered the most powerful person in the

worldworld Leader of the Free WorldLeader of the Free World

The Many Hats of the The Many Hats of the PresidentPresident

Chief ExecutiveChief Executive Execute laws, appoint executive officialsExecute laws, appoint executive officials

Chief LegislatorChief Legislator Propose legislation, veto power, State of the UnionPropose legislation, veto power, State of the Union

Commander-in-ChiefCommander-in-Chief In charge of armed forcesIn charge of armed forces

Head of StateHead of State Ceremonies, receive foreign leaders, official dinnersCeremonies, receive foreign leaders, official dinners

Chief DiplomatChief Diplomat Negotiate treaties/alliances, develop foreign policies, Negotiate treaties/alliances, develop foreign policies,

appoint ambassadorsappoint ambassadors Head of Political PartyHead of Political Party

Agenda setting, coattails, patronageAgenda setting, coattails, patronage

Chief ExecutiveChief Executive Presidential Appointments Presidential Appointments

(FORMAL POWER)(FORMAL POWER) * - * - The president cannot remove from officeThe president cannot remove from office

Executive department heads Executive department heads (i.e. Secretary of State)(i.e. Secretary of State)

Heads of independent Heads of independent regulatory agencies regulatory agencies

(i.e. Federal Reserve (i.e. Federal Reserve Chairperson)*Chairperson)*

Federal judiciary Federal judiciary (including U.S. Supreme (including U.S. Supreme

Court)*Court)* U.S. marshals and attorneysU.S. marshals and attorneys AmbassadorsAmbassadors Requires U.S. Senate Requires U.S. Senate

approval (simple majority)approval (simple majority) Recess appointments Recess appointments

(FORMAL POWER)(FORMAL POWER) Executive AppointmentsExecutive Appointments

* Informal powers* Informal powers White House StaffWhite House Staff Executive Office of PresidentExecutive Office of President

“…“…take care that the laws be take care that the laws be faithfully executed”faithfully executed”

EXECUTIVE ORDERS EXECUTIVE ORDERS (INFORMAL POWER)(INFORMAL POWER)

Rules and regulations of Rules and regulations of enforcement by presidentenforcement by president

Suspension of habeas corpus, Suspension of habeas corpus, Japanese internment, equality in Japanese internment, equality in armed forces, EPAarmed forces, EPA

Ex parte MerrymanEx parte Merryman Korematsu v. United StatesKorematsu v. United States

EXECUTIVE PRIVILEGE EXECUTIVE PRIVILEGE (INFORMAL POWER)(INFORMAL POWER)

Power to refuse appearing before or refusing to provide information to Congress or the Supreme Court

Presidents argue for it based on separation of powers

Washington and the House on treaties

United States v. Nixon (1974) Evidence may not be withheld in

criminal proceedings Clinton v. Jones (1997)

Presidency cannot protect from civil litigation on actions before becoming president

Chief LegislatorChief Legislator

Veto PowerVeto Power Sign bills into law (FORMAL Sign bills into law (FORMAL

POWER)POWER) Signing Statements Signing Statements (INFORMAL (INFORMAL

POWER)POWER) Veto bills (FORMAL POWER)Veto bills (FORMAL POWER)

Congressional override (2/3 Congressional override (2/3 majority of both houses)majority of both houses)

Less than 10% of vetoes ever Less than 10% of vetoes ever overridden overridden

POCKET VETO POCKET VETO (FORMAL (FORMAL POWER)POWER)

LINE-ITEM VETOLINE-ITEM VETO Clinton v. City of New YorkClinton v. City of New York

State of the Union Address State of the Union Address (FORMAL POWER)(FORMAL POWER)

Special Sessions of Congress Special Sessions of Congress (FORMAL POWER)(FORMAL POWER)

Prepare and propose federal Prepare and propose federal budget to Congress (INFORMAL budget to Congress (INFORMAL POWER)POWER)

Per the Budget and Accounting Per the Budget and Accounting Act of 1921Act of 1921

Congressional Budget and Congressional Budget and Impoundment Control Act Impoundment Control Act (1974)(1974)

Denied president right to refuse Denied president right to refuse spending appropriated fundsspending appropriated funds

Office of Management and Office of Management and Budget (OMB)Budget (OMB)

Agenda Setting and Power of Agenda Setting and Power of PersuasionPersuasion

National leader and National leader and representative (INFORMAL representative (INFORMAL POWER)POWER)

Head of the party (INFORMAL Head of the party (INFORMAL POWER)POWER)

Bully pulpit (INFORMAL POWER)Bully pulpit (INFORMAL POWER) Presidential approval ratings Presidential approval ratings

(INFORMAL POWER)(INFORMAL POWER) Veto threat (FORMAL POWER)Veto threat (FORMAL POWER)

Formal Judicial Powers of the Formal Judicial Powers of the PresidentPresident

Appoint justices to the U.S. Supreme Court Appoint justices to the U.S. Supreme Court and lower federal courtsand lower federal courts Requires U.S. Senate approval (simple majority)Requires U.S. Senate approval (simple majority)

Senatorial courtesy*Senatorial courtesy*

Grants reprieves, pardons, amnestyGrants reprieves, pardons, amnesty Reprieves postpone a sentence allowing for Reprieves postpone a sentence allowing for

appealsappeals Pardons forgive a crime and cancel the Pardons forgive a crime and cancel the

punishmentpunishment Gerald Ford’s blanket pardon of Nixon for Watergate Gerald Ford’s blanket pardon of Nixon for Watergate

Amnesty is to forget the crime in lieu of Amnesty is to forget the crime in lieu of testimony or supporttestimony or support

Chief DiplomatChief Diplomat Congress delegates diplomatic powers Congress delegates diplomatic powers

to Presidentto President Appoints ambassadors (FORMAL Appoints ambassadors (FORMAL

POWER)POWER) U.S. Senate approval (simple majority)U.S. Senate approval (simple majority)

Receives foreign dignitaries (FORMAL Receives foreign dignitaries (FORMAL POWER)POWER)

Recognize nations (FORMAL POWER)Recognize nations (FORMAL POWER) Treaties and PactsTreaties and Pacts

Negotiates Treaties (FORMAL POWER)Negotiates Treaties (FORMAL POWER) Requires advice and consent of 2/3 Requires advice and consent of 2/3

majority of U.S. Senatemajority of U.S. Senate Woodrow Wilson and Treaty of Woodrow Wilson and Treaty of

Versailles/League of Nations DenialVersailles/League of Nations Denial EXECUTIVE AGREEMENTS EXECUTIVE AGREEMENTS

(INFORMAL POWER)(INFORMAL POWER) Bypassing treaty ratification Bypassing treaty ratification

requirements, president establishes requirements, president establishes foreign policy with heads of statesforeign policy with heads of states

Does not require Senate approval, but Does not require Senate approval, but must be re-consented by each new must be re-consented by each new presidentpresident

North American Free Trade Agreement North American Free Trade Agreement (NAFTA)(NAFTA)

Commander-in-ChiefCommander-in-Chief Commander-in-ChiefCommander-in-Chief

Over all armed forcesOver all armed forces Appoints Joint Chiefs of Staff Appoints Joint Chiefs of Staff

(military advisors)(military advisors) Wages warWages war Troop deploymentTroop deployment

Provides for domestic orderProvides for domestic order Call up the National Guard in Call up the National Guard in

affected state/localityaffected state/locality Crisis Manager (INFORMAL Crisis Manager (INFORMAL

POWER)POWER) War Powers Resolution War Powers Resolution

(1973)(1973) President notifies Congress 48 President notifies Congress 48

hours in advance of combathours in advance of combat Armed forces for 60 days and Armed forces for 60 days and

30-day withdrawal period30-day withdrawal period Congress may extend military Congress may extend military

use, declare war, or authorize use, declare war, or authorize use of militaryuse of military

Impeachment May be charged with treason, bribery, high crimes and

misdemeanors House of Representatives impeaches

(indicts/charges/accuses) Simple majority required

Senate tries (acquit or convict) Presided over by Chief Justice of the U.S. Supreme Court 2/3 majority required for conviction

Historical Events Andrew Johnson

Democrat president dealing with Radical Republicans during Reconstruction

Acquitted by 1 vote on 2 charges Bill Clinton

Democrat president involved in affair and impeached by Republican-dominated House for perjury and obstruction of justice

Overwhelmingly acquitted Richard Nixon*

House Judiciary Committee was in process of drafting impeachment articles before Nixon resigned

Vice PresidentVice President Selection of a Vice PresidentSelection of a Vice President

Balance the ticketBalance the ticket Selected based on different party faction, geographical Selected based on different party faction, geographical

region, political experienceregion, political experience John F. Kennedy/Lyndon B. Johnson (1960 Election)John F. Kennedy/Lyndon B. Johnson (1960 Election)

Constitutional ResponsibilitiesConstitutional Responsibilities Preside over the Senate as President of the SenatePreside over the Senate as President of the Senate Break voting ties in the SenateBreak voting ties in the Senate Assume presidency upon death, infirmity, disability, Assume presidency upon death, infirmity, disability,

removal from office of presidentremoval from office of president Duties of a Vice PresidentDuties of a Vice President

Attend Cabinet meetings alongside the presidentAttend Cabinet meetings alongside the president Serve on National Security CouncilServe on National Security Council Diplomatic representative of presidentDiplomatic representative of president

Presidential SuccessionPresidential Succession Vice president succeeds Vice president succeeds

president upon death, president upon death, removal from office, removal from office, disability, infirmitydisability, infirmity Article IIArticle II Twentieth AmendmentTwentieth Amendment Twenty-Fifth AmendmentTwenty-Fifth Amendment

Presidential Succession Presidential Succession Act of 1947Act of 1947 Vice PresidentVice President Speaker of the HouseSpeaker of the House President Pro TemporePresident Pro Tempore Secretary of StateSecretary of State Secretary of TreasurySecretary of Treasury Secretary of DefenseSecretary of Defense Attorney GeneralAttorney General

Presidential Succession Presidential Succession (cont.)(cont.) Based on chronological order Based on chronological order

of executive departmentof executive department Secretary of InteriorSecretary of Interior Secretary of AgricultureSecretary of Agriculture Secretary of CommerceSecretary of Commerce Secretary of LaborSecretary of Labor Secretary of Health and Secretary of Health and

Human ServicesHuman Services Secretary of Housing and Secretary of Housing and

Urban DevelopmentUrban Development Secretary of TransportationSecretary of Transportation Secretary of EnergySecretary of Energy Secretary of EducationSecretary of Education Secretary of Veterans’ Secretary of Veterans’

AffairsAffairs Secretary of Homeland Secretary of Homeland

SecuritySecurity

The Office of the The Office of the PresidentPresident

In development of policy and decision-In development of policy and decision-making, the closest and/or last making, the closest and/or last person/people to the president influence person/people to the president influence the ultimate decisionthe ultimate decision

Executive Office of the President (EOP)Executive Office of the President (EOP) Executive Order 8248 by FDRExecutive Order 8248 by FDR

White House StaffWhite House Staff Part of the EOPPart of the EOP

The CabinetThe Cabinet Executive department headsExecutive department heads

White House StaffWhite House Staff May be hired and fired at will; no legislative or judicial approval May be hired and fired at will; no legislative or judicial approval

necessarynecessary Chief of StaffChief of Staff

Administers the White House staffAdministers the White House staff Usually a personal or close friend/allyUsually a personal or close friend/ally May possess a certain policy expertise or political connectionsMay possess a certain policy expertise or political connections

Press SecretaryPress Secretary Disseminate and provide information to the president, the White House Disseminate and provide information to the president, the White House

staff, and the mass mediastaff, and the mass media CommunicationsCommunications

Develop and promote the president’s agendaDevelop and promote the president’s agenda Organizational StructuresOrganizational Structures

PyramidPyramid Hierarchal structure reports to the Chief of StaffHierarchal structure reports to the Chief of Staff

CircularCircular Members and aides all directly report to the presidentMembers and aides all directly report to the president

Ad-hocAd-hoc Task forces, committees, informal groups of advisors and friends report to the Task forces, committees, informal groups of advisors and friends report to the

presidentpresident

Executive Office of the Executive Office of the PresidentPresident

Policy advisors and expertsPolicy advisors and experts Some officials require Senate approvalSome officials require Senate approval Office of Management and Budget Office of Management and Budget

(OMB)(OMB) Assist in developing federal budget proposalAssist in developing federal budget proposal Monitor supervision of executive agenciesMonitor supervision of executive agencies

Council of Economic AdvisersCouncil of Economic Advisers National Security CouncilNational Security Council

National security and foreign policy advisementNational security and foreign policy advisement Office of the U.S. Trade RepresentativeOffice of the U.S. Trade Representative

The Cabinet

Administrators, or secretaries, of the executive departments

Appointed by president and approval from Senate

Selection by President Usually an expert in department appointed with

some political and private experience In most cases, the person barely has any personal or

political relationship to the president, if any Some may be chosen for image of diversity

Department Loyalty Policy expertise over partisanship, administration

Some in-fighting with EOP and White House Staff

The Executive Departments State

Treasury United States Mint/Bureau of

Engraving and Printing Internal Revenue Service (IRS)

Defense (“The Pentagon”) National Security Agency

(NSA) Justice

Federal Bureau of Investigations (FBI)

Bureau of Alcohol, Tobacco, and Firearms and Explosives (ATF)

Drug Enforcement Administration (DEA)

U.S. Marshals Service Office of the Solicitor General

Interior National Park Service Bureau of Indian Affairs

Agriculture (USDA) Commerce

Bureau of the Census National Oceanic and Atmospheric

Administration (NOAA)

Labor Bureau of Labor Statistics Occupational Safety and Health

Administration (OSHA) Health and Human Services

Centers for Disease Control and Prevention (CDC)

Food and Drug Administration (FDA) Medicare

Housing and Urban Development (HUD)

Transportation Federal Aviation Administration (FAA)

Energy Education Veterans’ Affairs Homeland Security

United States Coast Guard Immigration and Customs Enforcement

(ICE) U.S. Customs and Border Protection United States Secret Service Federal Emergency Management Agency

(FEMA) Transportation Security Administration

(TSA)

The First Lady First and foremost as

White House hostess Attends social events and

ceremonies with or representing president

Modern First Ladies usually coordinate politically safe issues and initiatives Nancy Reagan’s “Just Say No

To Drugs” Strong First Ladies

Dolly Madison Eleanor Roosevelt

Civil rights issues, campaigned for FDR

Hillary Clinton Given direct policy role for

national health care initiative

Presidential CharacterActive-Positive

Energetic, high self-esteem, confident, optimistic, productive, flexible, enjoys being president

Jefferson, FDR, Truman, Kennedy, H.W. Bush

Presidential CharacterActive-Negative

Energetic, low self-esteem, compulsive, rigid, secures and retains power, pessimism

Wilson, Hoover, Lyndon Johnson, Nixon

Presidential CharacterPassive-Positive

Enjoys being president, seeks affection, cooperative, compromising, limited energy, reacts

Madison, Taft, Harding, Reagan, Clinton

Presidential CharacterPassive-Negative

Obligated, limited energy, principles over politics, avoids power

Washington, Coolidge, Eisenhower