The PresidencyThe Presidency

What are the qualifications required to become President? What are the qualifications required to become President?

The Electoral CollegeThe Electoral College

• Each state has number of Each state has number of electors equal to its electors equal to its congressional representativescongressional representatives– 2323rdrd Amendment: DC voting rights Amendment: DC voting rights

• Winner take all systemWinner take all system– ““Plus two”: Maine and NebraskaPlus two”: Maine and Nebraska

• No majority: House of No majority: House of Representatives elects POTUS Representatives elects POTUS from top three candidates, from top three candidates, Senate selects VPSenate selects VP– 1212thth Amendment: Separate ballots Amendment: Separate ballots

Duties Duties

• Described in Article II of the Described in Article II of the Constitution Constitution – Make sure laws are ExecutedMake sure laws are Executed– Commander in Chief of the Commander in Chief of the

MilitaryMilitary– Appoint heads of executive Appoint heads of executive

offices, federal judges, and offices, federal judges, and ambassadorsambassadors

– Meet with heads of foreign Meet with heads of foreign governments, make treaties, governments, make treaties, and executive agreements and executive agreements

– Political leadershipPolitical leadership

Term and SalaryTerm and Salary

• Salary determined by Salary determined by congress - $400,000 a congress - $400,000 a year; $100,000 for travelyear; $100,000 for travel

• President is elected to President is elected to serve a 4 year termserve a 4 year term

• Washington precedent – Washington precedent – 2 terms 2 terms

• Franklin Roosevelt – Franklin Roosevelt – Elected to 4 terms (’32, Elected to 4 terms (’32, ’36, ’40, ’44)’36, ’40, ’44)

• 22nd Amendment (1951) 22nd Amendment (1951) – two term limit – two term limit

QualificationsQualifications • Constitutional Requirements:Constitutional Requirements:

– Natural born citizenNatural born citizen– 35 years old35 years old– Resident of the U.S. for 14 yearsResident of the U.S. for 14 years

QualificationsQualifications• Informal Informal

Requirements:Requirements:– Government Government

experience – 4 of last experience – 4 of last 5 were Governors5 were Governors

– Politically Moderate Politically Moderate – Access to large Access to large

amounts of Moneyamounts of Money– Relatively moderate Relatively moderate

political beliefspolitical beliefs– Charisma and Charisma and

confidenceconfidence

Roles of the Roles of the PresidentPresident

• Head of StateHead of State– Symbolic/ceremonial leaderSymbolic/ceremonial leader

• Chief ExecutiveChief Executive– Enforce laws, make Enforce laws, make

appointments, granting appointments, granting pardonspardons

• Commander and ChiefCommander and Chief– War powers, “protect and War powers, “protect and

defend”defend”

• Chief DiplomatChief Diplomat– Recognition, Treaties, and Recognition, Treaties, and

executive agreementsexecutive agreements

• Chief LegislatorChief Legislator– Proposing agenda and laws, Proposing agenda and laws,

veto powerveto power

Presidential Powers Presidential Powers • The Founders recognized the The Founders recognized the

need for a strong executive need for a strong executive branch branch – the weaknesses of the Confederation the weaknesses of the Confederation

government government – hold the Congress in check.hold the Congress in check.

• Formal powersFormal powers– Constitutional PowersConstitutional Powers– Statutory PowerStatutory Power

• Informal powersInformal powers– Inherent powersInherent powers– Emergency powersEmergency powers– MandateMandate

Special Uses of PowerSpecial Uses of Power • Presidents have greatly Presidents have greatly

expanded their powers when expanded their powers when U.S. is in emergencyU.S. is in emergency– George W. Bush: War on TerrorismGeorge W. Bush: War on Terrorism

• Executive OrdersExecutive Orders– Enforce statutes, constitution and Enforce statutes, constitution and

foreign treaties, direct executive foreign treaties, direct executive agenciesagencies

• Executive PrivilegeExecutive Privilege– Withholding information and Withholding information and

refusal to appearrefusal to appear

• Signing statementsSigning statements– Issued to instruct agencies on Issued to instruct agencies on

execution of laws or convey execution of laws or convey questions of constitutionalityquestions of constitutionality

Limits on Presidential PowerLimits on Presidential Power • Congressional limitsCongressional limits

– overriding a vetooverriding a veto– impeaching/removing the president impeaching/removing the president

from officefrom office• The federal courtsThe federal courts

– Youngstown Sheet and Tube Youngstown Sheet and Tube v. v. Sawyer Sawyer (1952)(1952)

– President Bush and enemy President Bush and enemy combatantscombatants

• The federal bureaucracyThe federal bureaucracy– blocking programs blocking programs – failing to carry them out properlyfailing to carry them out properly

• Politics and Public opinion Politics and Public opinion – President Lyndon Johnson’s President Lyndon Johnson’s

policies in Vietnam policies in Vietnam – President Clinton’s proposed President Clinton’s proposed

national health care programnational health care program– President Bush’s Social Security President Bush’s Social Security

and immigration reformsand immigration reforms

Checks and BalancesChecks and BalancesPresidential checksPresidential checks

• Executive OrdersExecutive Orders– Enforce statutes, constitution and foreign Enforce statutes, constitution and foreign

treaties, direct executive agenciestreaties, direct executive agencies

• Executive PrivilegeExecutive Privilege– Withholding information/refusal to appearWithholding information/refusal to appear

– Clinton v. Jones (1997)Clinton v. Jones (1997)

• ImpoundmentImpoundment– Congressional Budget and Impoundment Congressional Budget and Impoundment

Control Act of 1974 Control Act of 1974

– Train v. City of NY (1975)Train v. City of NY (1975)

• The Veto ProcessThe Veto Process– Line-item vetoLine-item veto

– Signing statementsSigning statements

• The Bully PulpitThe Bully Pulpit– Use of prestige and visibility to guide or enthuse Use of prestige and visibility to guide or enthuse

the American public the American public

Congressional checksCongressional checks

• ImpeachmentImpeachment– Roles of the 3 branchesRoles of the 3 branches– Johnson and ClintonJohnson and Clinton

• Veto OverrideVeto Override– 2/3 vote2/3 vote

• AppropriationsAppropriations– Congress can refuse to fund Congress can refuse to fund

executive initiativesexecutive initiatives

• War Powers Act (1973)War Powers Act (1973)– Congressional notification within 48 Congressional notification within 48

hrs, 60 – 90 days for approvalhrs, 60 – 90 days for approval– Constitutional? Constitutional? INS v Chadha INS v Chadha

(1983)(1983)

The Appointment ProcessThe Appointment Process• ““Executive” AgenciesExecutive” Agencies

– No confirmation No confirmation requiredrequired

– Serve at the pleasure Serve at the pleasure of the presidentof the president

• ““Independent” Independent” Agencies and JudgesAgencies and Judges– Require Senate Require Senate

confirmation “advise confirmation “advise and consent”and consent”

– Recess appointmentsRecess appointments

What do these two have in What do these two have in common?common?

President Andrew JohnsonPresident Andrew Johnson

• TheThe Tenure of Office ActTenure of Office Act– Senate approval for removal Senate approval for removal

of confirmed officialsof confirmed officials

• Edwin Stanton Edwin Stanton – Johnson demands Johnson demands

resignation; appoints new resignation; appoints new secretarysecretary

• Johnson ImpeachedJohnson Impeached– Senate votes 35-19 to impeachSenate votes 35-19 to impeach

• 65 percent, 67 percent needed65 percent, 67 percent needed

President Bill ClintonPresident Bill Clinton

• Whitewater scandalWhitewater scandal– Independent Counsel Ken StarrIndependent Counsel Ken Starr

• Lewinski AffairLewinski Affair– Starr discovers affair with internStarr discovers affair with intern

– Clinton denies affair under oathClinton denies affair under oath

• Clinton ImpeachedClinton Impeached– Senate votes 55 - 45 against Senate votes 55 - 45 against

perjury chargeperjury charge

– Senates votes 50-50 on Senates votes 50-50 on obstruction of justice chargeobstruction of justice charge

Role of the Vice President Role of the Vice President • Constitutional duties: Constitutional duties:

– President of the Senate – President of the Senate – casts tie-breaking votecasts tie-breaking vote

– Assume presidency upon Assume presidency upon death or disability of the death or disability of the presidentpresident

• Informal duties:Informal duties:– Member of the National Member of the National

Security CouncilSecurity Council– Modern VPs have been Modern VPs have been

given role in policy making given role in policy making at Presidents discretionat Presidents discretion

Succession – Replacing the presidentSuccession – Replacing the president

• Tyler first VP to become Tyler first VP to become president following death of president following death of Harrison in 1841Harrison in 1841

• 7 other presidents died in office 7 other presidents died in office elevating VP to Presidentelevating VP to President

• 25th Amendment (1967): 25th Amendment (1967): formally added succession to the formally added succession to the ConstitutionConstitution– Order: VP, Speaker of House, Order: VP, Speaker of House,

Senate Pres. Senate Pres. Pro TempPro Temp, Sec. of , Sec. of StateState

– Includes procedures for when Includes procedures for when the president is disabledthe president is disabled

The CabinetThe Cabinet• The Directors of 15 executive agenciesThe Directors of 15 executive agencies• Subject to senate confirmationSubject to senate confirmation• Primary agencies: State, Treasury, Primary agencies: State, Treasury,

Defense, Justice, Homeland SecurityDefense, Justice, Homeland Security• Roles varyRoles vary

– Advise the presidentAdvise the president– Carry out policyCarry out policy

• No statutory requirement to receive advise No statutory requirement to receive advise from cabinetfrom cabinet

Executive Office of the President• White House OfficeWhite House Office

– Chief of StaffChief of Staff– ““Kitchen Cabinet”Kitchen Cabinet”

• Office of Budget and ManagementOffice of Budget and Management– clearinghouse for legislative clearinghouse for legislative

proposals from exec. agenciesproposals from exec. agencies• National Security CouncilNational Security Council

– National Security advisor, VP, Sec. of National Security advisor, VP, Sec. of State, Treasury, Defense, and the State, Treasury, Defense, and the Assistant to the President for Assistant to the President for National Security Affairs. The National Security Affairs. The Chairman of the Joint Chiefs of Staff, Chairman of the Joint Chiefs of Staff, Dir. of National IntelDir. of National Intel

• Council of Economic AdvisorsCouncil of Economic Advisors– assists with the development and assists with the development and

implementation of economic policyimplementation of economic policy

EOP Org ChartEOP Org Chart

WHO Org ChartWHO Org Chart