THE PRESIDENCY

The Roots of the Office of President of the United States

• American colonists distrusted the King so much so that the Articles of Confederation largely neglected the need for an executive.

• With the failure of the Articles, the Framers saw the need for an executive office that would be strong enough to govern, but not so strong that it could abuse power.

• The majority of the Framers agreed that the executive power should be vested in a single person to be called the president.

The Philadelphia ConventionQualifications for Office• The Constitution requires that the president must be:

– 35 years old– 14 years a U.S. resident– a natural born citizen

Terms of Office• The length of the president's term was quite

controversial. • Four, seven, and eleven year terms were suggested at

the Convention and several of the Framers suggested a limit of one or two terms.

• The 22nd Amendment now limits presidents to two four-year terms or a total of 10 years in office.

• Informal Qualifications– Male - 100%– Protestant - 97%– British Ancestry - 82%– College Education -77%– Politicians - 69%– Lawyers - 62%– Elected from large states - 69%

THE PRESIDENCY(Getting There - Qualities)

Removal of a President• Removal is the ultimate check on the president.• The House conducts the investigation and drafts

Articles of Impeachment for 'treason, bribery, or high crimes and misdemeanors.'

• The Senate tries the case with the Chief Justice of the Supreme Court presiding.

• If 2/3rds of the Senate votes for the Articles, the president is removed from office.

• Only two presidents have been impeached: Andrew Johnson and William Jefferson Clinton Neither were removed from office.

Succession• Through 2001, 7 presidents have died in office (plus

Nixon on resignation). • If the President is unable to perform his duties the vice

president then becomes responsible for the office. • Congress passed the Presidential Succession Act of

1947 that stated the order of succession after the VP:– Speaker of the House– President Pro Tempore of the Senate– Secretary of State, Treasury, Defense, and other

Cabinet heads in order of the creation of their department

• The 25th Amendment (1967) lays out succession and allows the president to appoint a new VP if the post is vacant.

The Vice President• The VP’s primary job is to assume office if the

president dies or is incapacitated.• His/her only formal duty is to preside over the

Senate or to break tie votes in the Senate.• Historically, the office has had little power and

often VPs have low profiles.• A vice president is chosen for a number of

reasons:– geographical balance– to bring the party back together at the convention– achieve a social and cultural balance on the ticket. – VPs can also be used to overcome candidate

shortcomings.

The Constitutional Powers of the President

• Article II is quite short and details few powers for the President.

• The president received certain enumerated powers in the Constitution, however the first line of Article II may be the most important grant of power to the president.

• It states "the executive power shall be vested in a President of the United States of America."

• The executive power clause has been the basis for implied powers allowing the powers of the president to exceed the list of enumerated powers in Article II.

Development of Presidential Power

• All presidents have had similar formal grants of power and constraints via the Constitution.

• The power and success of the presidency is dependent upon – the personality of the person holding the office. – the informal powers of the presidency– the goals of the officeholder – and, of course, the timing of events…events

often shape a presidency (for example, crises often lead to an expansion of presidential powers).

The President’s Roles1. Chief of State - Ceremonial head of U.S. government

2. Chief executive - Vested with the executive power of U.S.

3. Chief administrator of the Federal Gov’t - Administers the federal bureaucracy

4. Chief diplomat - The main architect of American foreign policy

5. Commander in Chief - Commands the nation’s armed forces

6. Chief Legislator - Sets the shape of public policy

7. Chief of party - Leader of the political party in power

8. Chief citizen - The representative of all the people

* Each role is played simultaneously and is inseparable from the others

Chief Legislator

• FDR claimed the leadership and agenda setting power for the president and got it.

• FDR shifted the president's powers from that of simply executing policy to making it.

• However, presidents have a hard time getting Congress to pass their programs especially during periods of divided government.

Commander-in-Chief

AppointmentPower

PardoningPower

LegislativePower

Treaty-makingPower

Veto Power

Chief ExecutiveChief Diplomat

Chief-of-State

President’s Executive Powers• Executing the Law

– Responsible for carrying out nation’s laws, even if he does not agree

– Has discretion regarding law interpretations and deciding how vigorously he enforces the laws

• Ordinance Power– Bureaucracy of executive branch is under authority of

President • Appointing Power

– May appoint a handful of officials on his own authority• Ambassadors, judges, cabinet members (must be

approved by Senate)• Removal Power

– Can remove at will, persons whom he has appointed with consent of Senate

Diplomatic Powers• Making Treaties

– May negotiate treaties or international agreements– Senate must approve treaties by 2/3 vote before

becoming law• Executive Agreement

– Most routine international agreements are made by executive agreement

• Pacts between the President and the leaders of foreign countries

– Do not require Senate approval• Power of Recognition

– Recognize and acknowledge the legal existence of a country

Military Powers• President shares war powers with Congress, but has almost

no limits on his role as commander in chief• Most authority = military subordinates, final authority =

president!• Declaration of war/armed conflict• May use the armed forces, including State militias, to keep

the peace in times of domestic turmoil• War Powers Resolution of 1973 = reaction to Vietnam War

– Requires President to inform Congress of any commitment of U.S. troops abroad w/in 48 hours

– Requires President to gain congressional approval if commitment lasts longer than 60 days

Legislative Powers• President gives State of the Union address and

suggests annual budgets• Recommends specific legislation to Congress• Veto legislation

– May veto bill outright– May use pocket veto– Line-item veto

• May call special sessions of Congress• May also adjourn Congress if the 2 houses

cannot agree on a date for adjournment

Judicial Powers

• May grant reprieves and pardons in cases involving federal laws

• May commute, or reduce, sentences or fines imposed by a court

• May grant amnesty, a general pardon, to persons who have violated the law

The Modern Presidency• In the 20th century, the presidency has become ever more

powerful.• The modern Presidency begins with FDR who was elected to four

terms during two huge national crises: – The Great Depression – and WWII.

• FDR also personalized the presidency with his use of radio 'fireside chats' directly with Americans.

• The modern president – leads a large government– plays an active and leading role in foreign and domestic policy– plays a strong legislative role– and uses technology to get 'close to Americans.'

Checks on Power

•Congress

•Bureaucracy

•Supreme Court

•Media

•Public

The Presidential Establishment

• Today, the president has numerous advisors to help make policy and fulfill the duties of chief executive.–The Cabinet

–The Executive Office of the President (EOP)

–White House Staff

Federal Bureaucracy

• Based on principles of hierarchical authority, job specialization, and formal rules

• A way of organizing people to do work• Made up of 3 major administrative

agencies: Executive Office of the President, the 15 cabinet departments, and independent agencies

The Executive Office of the President (EOP)

• The EOP was established by FDR and is a very important inner circle of advisors to the president.

• The EOP is staffed by persons responsible to the president alone

• The EOP includes such important offices as the National Security Council, the Council of Economic Advisors, and the Office of Management and Budget.

The Cabinet

• The Cabinet is not mentioned in the Constitution and is formulated by each president as he/she sees fit - must be approved by senate

• The Cabinet consists of the heads of the 15 major bureaucratic departments (State, Defense, Treasury, etc.)

• Serve as president’s advisors

Independent Agencies

• Operates outside of the 15 executive departments in the cabinet

• Three types of independent agencies:– Independent executive agencies– Independent regulatory commissions– Government corporations

White House Staff• The people most directly responsible to the

president are the White House staff such as personal assistants, senior aides, administrative personnel and more.

• There is no Senate confirmation and their power comes solely from their personal relationship with the president.

• The White House staff reached a height of 583 members in 1972, but has gotten smaller since then generally running at around 400.

The Election Process

Original Constitutional Provisions

• Framers created electoral college as an alternative to either popular election or congressional election of the President

• Electoral vote = state by state, each elector casting 2 votes for 2 candidates

• Most votes = president• Runner up = V.P• Tie = House of Reps decided

Impact of Rise of Parties

• Election of 1800– Parties arose during Washington and Adams

administration, each wanting to put up its own candidates for election of 1800

– The development led to a tie between Jefferson and Burr

• 12th Amendment– Resulted from voting based on party loyalty– Requires electors to specify which person

they wanted for President and which for V.P.

Nominating Today

• Presidential Primaries

– Delegate selection process and/or elections in which voters can express their preference for presidential candidates

Electoral College

• Purpose?– To provide a safety net for the framers

• They wanted to protect their interests• Educated Americans were making the

final choice!

The Election

• Electoral College– The number of electors is determined by the

federal representation for each state– For example, California - 52 members of house +

2 senators = 54 electoral votes– Total of 538 electoral votes (535 members of

congress and 3 for the District of Colombia– Candidates can lose popular vote, but win

electoral vote, thus becoming President (2000 election)