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The Roles of the President: Qualifications, Term, and Succession

This article explores the qualifications, term limits, and succession process for the President of the United States. It also discusses the role of the Vice President and the origins of the presidential selection process.

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The Roles of the President: Qualifications, Term, and Succession

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  1. Unit 4 The Executive Branch Ch 13 – The Presidency Ch 14 – The Presidency in Action Ch 15 – Gov.’t at Work: The Bureaucracy Ch 16 – Financing Gov.’t Ch 17 – Foreign Policy and National Defense

  2. The 8 roles of the president Ch 13 – The Presidency

  3. Qualifications for the president To run for President, the Constitution requires that the person: 1. Must be a natural born citizen of the US. 2. Must be at least 35 yrs old. 3. Must be a resident of the US for at least 14 yrs.

  4. The president’s term The president is elected to a 4 yr term. Originally there were no term limits on the presidency, but a 2 term tradition became established. Pres. Franklin Roosevelt was the only one to serve more than 2 terms. He was elected to 4 terms – but died w/in months of the beginning of his 4th term. The 22nd Amendment officially limited the president to 2 terms (or up to 10 yrs. if he becomes president by succession).

  5. Compensation for the president Congress sets the president’s pay - it is currently $400,000 per yr. It cannot be increased in the middle of the president’s term. $50,000 expense allowance per yr to be spent any way the president chooses Resides in the White House + the Camp David retreat Large staff Use of a fleet of automobiles, Air Force One (as well as other planes + helicopters) Health care Other fringe benefits End Section 1

  6. Presidential succession

  7. Presidential disability What if the president is unable to perform his duties? Based on the 25th Amendment (which also set up the presidential succession), the v.p. can become acting president if: The president informs Congress in writing, that he is unable to perform his duties as president, or The v.p. + a majority of the cabinet inform Congress in writing that the president is unable to perform his duties The president resumes his duties once he informs Congress that he is able to return to work. If challenged by the v.p. + cabinet, Congress has 21 days to decide the matter.

  8. The Vice President Presidential candidates don’t chose their running mates based on their potential ability to be president, but rather on their ability to balance the ticket (strengthen the candidate’s chance of being elected by virtue of certain ideological, geographic, racial, ethnic, gender, or other characteristics). The Constitution only assigns 2 duties to the v.p.: 1. To preside over the Senate. 2. To help decide the question of presidential disability. The position of v.p. has been treated as a joke until recently as v.p.s have been given more responsibility. The v.p. is the only person in the executive branch that the president cannot fire. 9 v.p.s have become president – 8 after the president’s death + 1 after Nixon’s resignation. End Section 2

  9. The origins of presidential selection The framers wanted to avoid the 2 obvious methods for choosing a president: 1. Popular vote – believed that the people were scattered over too large an area + wouldn’t be able to make informed choices. 2. Congressional vote – believed that would give the Congress too much control over the president (especially if the president wanted to be re-elected). Instead they came up w/ the electoral college (the group of people, known as electors, chosen from each state + D.C. to formally select the president + v.p.).

  10. The electoral college Each state would have as many presidential electors as it has senators + representatives in Congress. These electors would be chosen in the states, in whatever manner the states’ legislatures decided. The electors cast a vote for the president + a separate vote for the v.p. The person receiving a majority of electoral votes would become president (+ same for the v.p.). If there was a tie or no presidential candidate received a majority, The House of Representatives would decide, voting by states. 2 Senators + # of Representatives = # of Electors End Section 3

  11. Choosing a candidate - primaries 36 states (along w/ D.C. + Puerto Rico) have presidential primaries – elections in which a major party’s voters: 1. choose some or all of a state party organization’s delegates to their party’s national convention +/or 2. express a preference among various contenders for their party’s presidential nomination. Primaries vary widely from state to state. Most states prefer to have early dates (*NH passed a law to ensure that it always has the 1st primary). B/c most of the primaries are held early in the year, name recognition + $ are especially important. Primaries play the major part in deciding the presidential nominating contests in both parties – especially the party out of power. As for the party in power, the president is often seeking re-election or backs someone. Either way, that person usually receives his party’s nomination.

  12. Choosing a candidate – caucus-conventions 14 states have caucuses or conventions to choose their candidates for the major parties Begins at the local level, by nominating local officials + choosing delegates to the county elections. At the county level, they nominate county officials + choose delegates to the state elections. At the state level, they nominate state officials + chose delegates to the national level. At the national level they nominate their party’s candidate for president + vice president.

  13. Choosing a candidate – the national convention National conventions are the meetings at which delegates of each party vote to pick their presidential + v.p. candidates. Lasts 4 days + serves 3 major purposes: 1. Naming the party’s presidential + v.p. candidates. 2. Bringing the various factions + the leading personalities in the party together in one place for a common purpose. 3. Adopting the party’s platform (a formal statement of basic principles, stands on major policy matters, + objectives for the campaign + beyond). End Section 4

  14. Election Process Fewer candidates Electoral College Votes (Monday following 2nd Wednesday)

  15. Electing a president Remember, voters do not technically vote for a president + v.p., but for electors. The founding fathers intended the electors to use their own judgment in casting their electoral votes, but in reality, they almost always vote for their parties’ candidates. In 48 states, the electors are chosen at large – so if a simple majority of voters vote Republican, all of the states electoral votes go to the Republican party – same w/ Democrats. In Maine + Nebraska each party gets electors based on the percentage of the votes the parties received in the popular vote. To win, a candidate must received 270 out of 538 electoral votes.

  16. The Electoral College

  17. The oath to be taken by the president on first entering office is specified in Article II, Section 1, of the Constitution: 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, preserve, protect, and defend the Constitution of the United States.

  18. Flaws in the electoral college 1. The winner of the popular vote doesn’t always win. This has happened 5 times: 1824: Andrew Jackson received over 38,000 votes than John Quincy Adams, the son of former President John Adams, but neither candidate won a majority of the electoral college. Adams was awarded the presidency when the election was thrown to the House of Representatives. 1876: Samuel J. Tilden received over 250,000 more votes than Rutherford B. Hayes (R) but lost the electoral vote by 1! 1888: Benjamin Harrison (R) lost the popular vote by 95,713 votes to President Grover Cleveland, but won the electoral vote by 65. In 2000, Al Gore received 50,992,335 votes nationwide + George W. Bush (R) received 50,455,156 votes. After Bush was awarded Florida, he had a total of 271 electoral votes. In 2016, Hillary Clinton received almost 3 mil more votes than Trump (R) but lost the electoral college vote by 26. 2. Electors are not required to vote in accord w/ the popular vote. 9 times electors have not voted for their party + 1 time an elector refused to vote. So far, this has not altered the outcome of an election. 3. Any election might be decided in the House of Representatives. This has happened twice: 1800 (T. Jefferson over J. Adams) 1824 (J. Q. Adams over H. Clay + A. Jackson) “Corrupt Bargain”End Section 5

  19. Ch 14 and 15 Quiz

  20. Growth of presidential power Reasons for the increased power of the presidency: Unity (only 1 president, but 535 members of Congress) Wars Economic crises/national emergencies Advances in industrialization, transportation, + communication The people’s demand for more security Laws passed by Congress General agreement among the people (consensus) End Section 1 Ch 14 – The Presidency in Action

  21. The president’s executive powers Executing federal laws (enforces, administers, carries out) This requirement includes laws the president may not like. However, the president has the power to interpret those laws + decide how strictly to enforce those laws. Issuing executive orders (a directive, rule, or regulation that has the effect of law). His subordinates also have that power. Ex. FDR ordered rationing during WWII Carter created FEMA Making appointments Includes ambassadors; Cabinet members; federal judges, lawyers, + marshals; heads of independent agencies (like Peace Corps); + officers in the armed forces – MUST BE CONFIRMED BY THE SENATE. Removing appointees The president may remove from office anyone he has appointed except for the v.p. + all federal judges. End Section 2

  22. The president’s diplomatic + military powers Makes treaties MUST BE APPROVED BY A 2/3 SENATE MAJORITY. Congress may repeal a treaty by passing a law contrary to a provision in a treaty +/or repeal an existing law by the terms of a treaty. Makes executive agreements (a pact b/w the president + the head of another country). Ex. Agreements for military bases + equipment Recognizes the legal existence of foreign countries + their gov.’ts. Usually done through the exchange of ambassadors. US recently recognized South Sudan when it split from Sudan in 2011. Commander in Chief Technically, Congress must declare war. However, there are very few limits on the president’s military powers. End Section 3

  23. The president’s legislative + judicial powers Makes legislative recommendations Does this several times a year. The State of the Union address is occurs in January, during which the president addresses Congress + reports on the state of the nation – its domestic + foreign policies – as well as laying out the policies his administration will pursue. May veto laws Can be overridden by a 2/3 Congressional vote - rarely happens Can call special sessions of Congress Rarely necessary Can grant a reprieve – the postponement of the execution of a sentence, a commutation - the lessening of a penalty w/o forgiveness for the crime (person is still considered guilty), or a pardon – the legal forgiveness of a crime. Except in cases of impeachment. Only in regards to federal crimes, not state. Can set conditions on receiving a pardon. Can also grant amnesty (blanket pardon to a group of violators). End Section 4

  24. The bureaucracy A large, complex administrative structure that handles the everyday business of an organization. Can be public or private. Public bureaucrats (people who work in a bureaucracy) are appointed, not elected. Red tape refers to delays + paperwork people may face when working w/ a bureaucracy. There are 3 features of bureaucracies: 1. Hierarchical authority 2. Job specialization 3. Formalized rules Although often viewed negatively, bureaucracies are effective ways for people to work together on large + complex tasks b/c of reduced conflicts over who’s in charge, efficiency since everyone has a specific task to work on, + fairness b/c decisions are based on rules. Ch 15 – Gov.’t at Work: The Bureaucracy

  25. The federal bureaucracy is all of the agencies, people, + procedures through which the federal gov.’t operates. It is the largest bureaucracy in the country. It is the means by which the gov.’t makes + administers public policy. All 3 branches of the gov.’t have bureaucracy, but the executive branch has the largest by far. End Section 1

  26. The Executive Office of the President (EOP) A complex organization of several separate agencies staffed by most of the President’s closest advisors + assistants. It is the president’s right arm. Includes (but not limited to): The White House Office(includes the chief of staff; press secretary; legal advisor; the president’s physician; the staff of the 1st lady; assistants in the economy, foreign policy, congressional relations, etc) The National Security Council The Office of Management + Budget(helps the president prepare a federal budget for the president to submit to Congress each year) Other agencies for the economy, environment, technology, drug control, the v.p., etc… End Section 2

  27. The executive departments The 15 executive or cabinet departments each administer some broad field of activity. The 1st Congress created 3 departments (State, Treasury, + War). Over time, new departments have been created, expanded, + sometimes abolished. Each department is headed by a secretary, except for the Department of Justice which is headed by the attorney general. They: - make up the president’s cabinet - advise the president. - promote their departments w/ the White House, Congress, + the media. - are appointed by the president + confirmed by the Senate. Most of each department’s work is done outside of D.C. End Section 3

  28. Independent agencies Additional agencies created by Congress located outside of the cabinet (in all 3 branches of gov.’t) Over 150 including: The Social Security Administration, NASA, EPA, Peace Corps, the FED, the FCC, US Postal Service, etc Why aren’t they cabinets? Different reasons include: They do not fit well w/in any department To protect them from the political pressures Accident They handle especially sensitive functions (ex. investigative commissions) It is NOT because of size or budget – The Social Security Administration is larger than all of the cabinets except for the Health + Human Services department.

  29. Types of independent agencies 3 main types: 1. Independent executive agencies - (makes up most of the independent agencies) Very diverse - includes Peace Corps, NASA, EPA, The Civil Rights Commission, The Federal Election Commission, etc. 2. Independent regulatory commissions – Only 10 (p. 432) – includes the FED, SEC, FCC, etc. Regulate or police important aspects of the nation’s economy. Make rules + regulations that have the force of law – acts on behalf of Congress. 3. Gov.’t Corporations – Over 50 - includes the US Postal Service, the FDIC, the TVA, etc. End Section 4

  30. The civil service Civilian employees not appointed by the president who perform the administrative work of the gov.’t. Broad range of jobs from security guards to doctors. All jobs have set standards + people must pass a test to get these jobs w/ the highest scores getting the jobs 1st. Appointments are not based upon the current presidential administration. End Section 5

  31. Ch 16 and 17 Quiz

  32. The power to tax The federal gov.’t collects a couple of TRILLION in taxes every year. The power to tax is the 1st power given to Congress in the Constitution. However there are some limitations: 1. Taxes must be raised for public purposes only - not private interests. 2. May NOT tax exports from the US but may place restrictions on what may be exported may tax imports 3. Direct taxes (income) must be evenly distributed among the states 4. Indirect taxes (all besides income) must be at the same rate throughout the states. 5. Cannot tax state + local governmental functions. Ch 16 – Financing Gov.’t

  33. The income tax Started in 1913 w/ the 16th Amendment. Largest source of federal revenue today. It is a progressive tax (adapted to the ability of a person to pay). Levied on both individuals + corporations. Tax returns (declaration of income + exemptions claimed) are due on April 15th.

  34. Other taxes Payroll taxes – taxes that come out workers’ paychecks (self-employed are taxed for this as well). For Social Security, unemployment, old-age, disability, etc. These are regressive taxes – taxes levied at a flat rate w/o regard for the ability of an individual to pay them. Excise taxes – taxes charged to the manufacturer. Estate taxes – taxes charged on the assets of one who dies (but only after $1.5 mil). Gift taxes – taxes on gifts from one person to another over $11,000. Customs Duties (tariffs) – taxes on imports.

  35. Why does Congress tax? Mainly to raise $ to operate the federal gov.’t. To discourage against an activity that Congress thinks is harmful +/or dangerous to the public. - alcohol, tobacco, etc. To regulate things by licensing - hunting, certain firearms, prospecting on public lands, etc. End Section 1

  36. Non-tax revenues Gov.’t debt The federal gov.’t makes $ for sources other than taxing, such as: Interest earnings from the FED Collectors’ stamps Profit from making $ Selling public lands Fines from federal courts When the gov.’t spends more $ than it collects, it runs up a deficit. When the gov.’t collects more $ than it spends, it shows a surplus. The public debt is the gov.’t’s total outstanding indebtedness. End Section 2

  37. Gov.’t spending From 1776 to the mid-1930s, the gov.’t’s income + spending were relatively small w/ little impact on the economy. The Great Depression changed everything. The Department of Health + Human Services spends more than any other gov.’t agency (Medicare, Medicaid, etc) followed by the Social Security Administration. These are entitlement programs – benefits that the law says all eligible people are entitled to. The Department of Defense has the 3rd largest budget. In 2004, interest on public debt was the 4th largest part of the federal budget!

  38. The federal budget About 80% of the federal budget is uncontrollable – it has already been “promised” (entitlement programs, interest payments, etc). Work on the budget begins over a year before it would take effect. Federal agencies must submit budget proposals which they must defend at budget hearings. The (usually revised) dollar amounts are then put into the president’s proposed budget. The president proposes a budget at the beginning of every year which Congress must approve (w/ changes). Lobbyists often testify at Congressional budget hearings + work to bring grass roots pressures on Congress. The budget isn’t just a financial statement but a major political statement. End Section 3

  39. National vs. international Domestic affairs – events w/in the country Foreign affairs – the country’s relationships w/ other countries Isolationism – a deliberate refusal to become generally involved in the affairs of the rest of the world Foreign policy - A group of policies made up of all the stands + actions that a country takes in every aspect of its relationships w/ other countries; everything a country’s gov.’t says + does in world affairs. The president bears the major responsibility for the making + the conduct of foreign policy. Ch 17 – Foreign Policy and National Defense

  40. The State Department Advises the president on the formulation + conduct of the nation’s foreign policy. Secretary of State ranks 1st among the president’s cabinet. The State Department handles diplomatic issues. Ambassadors are official representatives of the US appointed by the president to represent the nation in matters of diplomacy (the art + practice of conducting negotiations b/w representatives of groups or states). Ambassadors may be assigned to a particular country, organization (UN, NATO, etc…), or to a special assignment (ex. peace negotiations). Ambassadors (often other embassy officials + their families) are regularly granted diplomatic immunity, meaning they are not subject to the laws of the nation in which they are working. They cannot be arrested, sued, or taxed. Embassies cannot be entered or searched w/o their consent, + they property/possessions are protected.

  41. The Defense Department The framers of the Constitution deliberately put the armed forces under the control of civilians at the highest level. The president is commander in chief + the Secretary of Defense cannot have served on active duty in the military for at least 10 yrs. before being named Secretary. The Secretary of Defense is responsible for advising the president on the making + carrying out of defense policy. The Secretaries of the Air Force, Army, + Navy (under the Secretary of Defense) are all civilians while the Joint Chiefs of Staff are the highest ranking uniformed officers. End Section 1

  42. Other foreign + defense agencies The CIA (Central Intelligence Agency) has 3 tasks: 1. To coordinate information-gathering activities of all federal agencies in foreign affairs. 2. To analyze + evaluate all information gathered. 3. To keep the president + National Security Council informed of all necessary intelligence. Although much of its information is gathered through espionage, a large portion comes from open sources. It is illegal for the CIA to conduct any clandestine activities w/in the US (although the agency hasn’t always obeyed that law).

  43. The Department of Homeland Security was created to protect the US against terrorism. It was created shortly after 9/11. It’s major responsibilities include: 1. Border + transportation security 2. Infrastructure protection 3. Emergency preparedness + response 4. Information analysis (intelligence) 5. Chemical, biological, radiological, + nuclear defense Some agencies were put under the Homeland Security Department’s authority such as the Secret Service, the Coast Guard, + Bureau of Immigration and Customs Enforcement.

  44. NASA (the National Aeronautics and Space Administration) has helped open research into astronomy, physics, environmental sciences, communications, + many other fields which have helped the strengthen the USA’s military greatly. The Selective Service System requires that all men must register for the draft upon turning 18 yrs old although the draft has been inactive since 1973. End Section 2

  45. American foreign policy – the highlights From America’s beginnings until WWI, America largely practiced isolationism (although more true about the Eastern than the Western Hemisphere). (1823) The Monroe Doctrine had 3 principles: 1. Warned all European powers not to interfere in the Western Hemisphere 2. US wouldn’t involve itself in European affairs 3. US wouldn’t interfere w/ existing colonies * “You stay out of our backyard and we’ll stay out of yours” The Roosevelt Corollary to the Monroe Doctrine - “Big Stick” Diplomacy – “Speak softly and carry a big stick” – T. Roosevelt (1904) Gave the US the right to be an international police power to protect Latin America from European nations Manifest Destiny - Belief held by many Americans that it was God’s will for the US to expand + to possess territory all the way to the Pacific Ocean + into Northern Mexico. Americans are God’s new chosen people + the west is the promised land

  46. The Spanish–American War was brought on by yellow journalism + the explosion of the Maine. Cuba gains its indep. from Spain + US wins territories of Puerto Rico, Guam, + The Philippines. US sends troops to occupy Cuba + the Platt Amendment makes Cuba a protectorate of the US. US becomes an imperial power. America follows a policy of isolationism (avoiding involvement in international affairs). But is unable to avoid getting drawn into WWI. After a year in WWI, the US retreated back to isolationism + refused to join the League of Nations despite the fact that it was Pres. Wilson’s idea. After being drawn in to WWII, the US realized it could no longer retreat into isolationism. However, the overall objective of American foreign policy has always been the protection of the US. Began following the principle of collective security (keeping international peace + order). Joined the United Nations (UN)

  47. The Cold War brought about NATO (North Atlantic Treaty Organization) b/w the US, Canada, + Western Europe against the Soviets + their allies. The Cold War also brought about the Truman Doctrine (1947), based on the idea of Containment, which called for giving economic + military aid to countries who rejected communism. Other events due to the Cold War include: The Berlin Airlift The Bay of Pigs The Cuban Missile Crisis The Korean War The Vietnam War The Arms Race + SALT I + II treaties Détente (Nixon – Carter) Current major foreign policy concerns include the War on Terrorism + specifically the wars in Iraq + Afghanistan, North Korea + Iran’s nuclear intentions, the instability of many African countries, clashes b/w India + Pakistan, fighting in the Middle East, etc… End Section 3

  48. Foreign aid Economic + military aid to other countries “Those who help others help themselves.” Part of American foreign policy since the end of WWII + the beginning of the Cold War. Since then the US has given over $500 BILLION to over 100 countries Why should we give foreign aid? Good will Military security – gain allies, stop opposition from gaining allies Alliances Maintain international stability Most of the economic foreign aid must be used to buy American goods.

  49. Security alliances NATO – signed by the US, Canada, + much of Western Europe in 1949 to protect Western Europe against Soviet aggression. An attack against one member was an attack against them all. Focus has shifted w/ the collapse of the USSR. Besides a defensive response, it intervenes w/ conflicts that may destabilize Europe (ex. The Balkans in the mid 1990s) + in humanitarian disasters.

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