The InstitutionsThe Institutions

Unit IVBUnit IVB

Ch. 12 The PresidencyCh. 12 The Presidency

The White HouseThe White House

QualificationsQualifications

Be at least 35 years oldBe at least 35 years old Must be born in the United StatesMust be born in the United States Lived in the U.S. for 14 yearsLived in the U.S. for 14 years Twelfth Amendment requires Vice Twelfth Amendment requires Vice

President to fulfill qualificationsPresident to fulfill qualifications

““Typical” QualificationsTypical” Qualifications Political experiencePolitical experience

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

Military serviceMilitary service CharismaticCharismatic White Anglo-Saxon Protestant (WASP)White Anglo-Saxon Protestant (WASP) Outsider – not involved in the “mess in Washington”Outsider – not involved in the “mess in Washington” John F. Kennedy was first Catholic president (1961-1963)John F. Kennedy was first Catholic president (1961-1963) Barack Obama was first black president (2009-Present)Barack Obama was first black president (2009-Present) James Buchanan was only president not married (1857-1861)James Buchanan was only president not married (1857-1861)

John Tyler (1841-1845) and Woodrow Wilson (1913-1921) married during their termsJohn Tyler (1841-1845) and Woodrow Wilson (1913-1921) married during their terms Presidents with no military service: John Adams, John Quincy Adams, Presidents with no military service: John Adams, John Quincy Adams,

Martin van Buren, Grover Cleveland, William Howard Taft, Woodrow Martin van Buren, Grover Cleveland, William Howard Taft, Woodrow Wilson, Warren Harding, Calvin Coolidge, Herbert Hoover, Franklin Wilson, Warren Harding, Calvin Coolidge, Herbert Hoover, Franklin Roosevelt, Bill Clinton, Barack Obama (12)Roosevelt, Bill Clinton, Barack Obama (12)

Presidents with no prior elected office: Zachary Taylor, Ulysses S. Presidents with no prior elected office: Zachary Taylor, Ulysses S. Grant, William Taft, Herbert Hoover, Dwight EisenhowerGrant, William Taft, Herbert Hoover, Dwight Eisenhower

Electoral CollegeElectoral College Article II and the Twelfth Amendment outline Article II and the Twelfth Amendment outline

procedures for electing the president and vice presidentprocedures for electing the president and vice president Twelfth Amendment in response to Jefferson-Burr decision in Twelfth Amendment in response to Jefferson-Burr decision in

18001800 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 Twenty-third Amendment provides 3 electoral votes for Twenty-third Amendment provides 3 electoral votes for

District of ColumbiaDistrict of Columbia Usually, state political parties nominate their electors; Usually, 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

Candidate currently requires majority of 270 out of 538Candidate currently requires majority of 270 out of 538 No majority, decision up to the incoming House of No majority, decision up to the incoming House of

Representatives per Article II and Twentieth AmendmentRepresentatives per Article II and Twentieth Amendment

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

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. Roosevelt elected to 4 Franklin D. Roosevelt elected to 4

terms (1932, 1936, 1940, 1944)terms (1932, 1936, 1940, 1944) Twenty-Second Amendment (1951)Twenty-Second Amendment (1951)

Limited presidential terms to twoLimited presidential terms to two

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 400-500White House staff of 400-500 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

Executive Privilege 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 refused to provide House of

Representatives conditions of treaty 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

Formal Executive Powers of Formal Executive Powers of the Presidentthe President

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

EXECUTIVE ORDERSEXECUTIVE ORDERS Rules and regulations of enforcement by presidentRules and regulations of enforcement by president Suspension of habeas corpus, Japanese internment, Suspension of habeas corpus, Japanese internment,

equality in armed forces, EPAequality in armed forces, EPA Ex parte MilliganEx parte Milligan Korematsu v. United StatesKorematsu v. United States

Appoint/remove executive officialsAppoint/remove executive officials Executive department heads and heads of Executive department heads and heads of

independent regulatory agencies need Senate independent regulatory agencies need Senate approvalapproval

Recess appointmentsRecess appointments

Formal Legislative Powers Formal Legislative Powers of the Presidentof the President

Signs bills into lawSigns bills into law Veto billsVeto bills

POCKET VETOPOCKET VETO Congressional override (2/3 majority of both houses)Congressional override (2/3 majority of both houses) LINE-ITEM VETOLINE-ITEM VETO

Clinton v. City of New YorkClinton v. City of New York State of the UnionState of the Union Special sessions of CongressSpecial sessions of Congress Prepare and propose federal budgetPrepare and propose federal budget

Budget and Accounting Act of 1921 requiresBudget and Accounting Act of 1921 requires Congressional Budget and Impoundment Control Act (1974)Congressional Budget and Impoundment Control Act (1974)

Denied president right to refuse spending appropriated fundsDenied president right to refuse spending appropriated funds Propose agenda and legislationPropose agenda and legislation

Power of persuasionPower of persuasion Party loyalties in Congress; use of media spotlight; going publicParty loyalties in Congress; use of media spotlight; going public

Formal Judicial Powers of Formal Judicial Powers of the Presidentthe President

Appoint justices to the Supreme Court and Appoint justices to the Supreme Court and lower federal courtslower federal courts Requires Senate approval (simple majority)Requires Senate approval (simple majority)

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 punishmentPardons forgive a crime and cancel the punishment Amnesty is to forget the crime in lieu of testimony Amnesty is to forget the crime in lieu of testimony

or supportor support Gerald Ford’s blanket pardon of Nixon for Gerald Ford’s blanket pardon of Nixon for

Watergate Watergate

Formal Diplomatic Powers Formal Diplomatic Powers of the Presidentof the President

Appoints ambassadorsAppoints ambassadors Senate approval (simple majority)Senate approval (simple majority)

Receives foreign dignitariesReceives foreign dignitaries Negotiates treatiesNegotiates treaties

Requires advice and consent of Senate (2/3) Requires advice and consent of Senate (2/3) majoritymajority

EXECUTIVE AGREEMENTSEXECUTIVE AGREEMENTS Bypassing treaty ratification requirements, president Bypassing treaty ratification requirements, president

establishes foreign policy with heads of statesestablishes foreign policy with heads of states Does not require Senate approval, but must be re-Does not require Senate approval, but must be re-

consented by each new presidentconsented by each new president North American Free Trade Agreement (NAFTA)North American Free Trade Agreement (NAFTA)

Formal Military Powers of Formal Military Powers of the Presidentthe President

Commander-in-ChiefCommander-in-Chief Over all armed forcesOver all armed forces Appoints Joint Chiefs of Staff (military Appoints Joint Chiefs of Staff (military

advisors)advisors) Provides for domestic orderProvides for domestic order

Call up the National Guard in affected Call up the National Guard in affected state/localitystate/locality

Informal Powers of the Informal Powers of the PresidentPresident

Recognized as leader of his/her Recognized as leader of his/her political partypolitical party

Chooses running mateChooses running mate Coattail effectCoattail effect PatronagePatronage Agenda setting and influence on Agenda setting and influence on

party platforms and party legislative party platforms and party legislative actionsactions

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

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

misdemeanors House of Representatives impeaches, or charges Senate tries, acquit or convict 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. JohnsonJohn F. Kennedy/Lyndon B. Johnson

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 PresidentExecutive Office of the President 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 (OMB)Office of Management and Budget (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 National security and foreign policy advisementadvisement

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 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

Cabinet members focus on department and not necessarily the loyalty to president or party Some in-fighting with EOP and White House Staff

The Executive Departments

Dept. of State Foreign affairs

Dept. of Treasury Prints currency; collects

revenue/taxes; IRS Dept. of Defense Dept. of Justice

FBI Dept. of Interior

Federal land and natural resources; native relations and territory administration

Dept. of Agriculture Dept. of Commerce Dept. of Labor

Dept. of Health and Human Services

Dept. of Housing and Urban Development

Dept. of Transportation Dept. of Energy Dept. of Education Dept. of Veterans’

Affairs Dept. of Homeland

Security Coast Guard, ICE, Secret

Service

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 valence 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

Presidential CharactersPresidential Characters

Eisenhower-orderlyEisenhower-orderly Kennedy-improviser, Kennedy-improviser,

charismaticcharismatic Johnson-deal makerJohnson-deal maker Nixon-mistrustfulNixon-mistrustful Ford-GenialFord-Genial Carter-OutsiderCarter-Outsider Reagan-Reagan-

CommunicatorCommunicator

Bush-hands on Bush-hands on managermanager

Clinton-focus to Clinton-focus to detaildetail

Bush-arbiter of Bush-arbiter of fatefate

Obama-???Obama-???