The Presidency

1. The Presidency

2. The President • Article II of US Constitution • “The executive Power shall be vested in a President of the United States of America.” • Term- 4 years, no limit initially, George Washington set the precedent of 2 terms, which was followed until ________________. • 22nd Amendment (1951)- limited to two terms or 10 years. • How could a person serve 10 years?

3. Qualifications Informal Male - Military Experience European ancestry (except __________) - Good debater/speaker Middle-aged - Party Identification (meaning?) Wealthy Protestant (except ________) College grad Healthy Attractive Married Previous leadership role • Formal • Natural-born citizen • At least 35 years of age • Resident of the US for the 14 years prior to the election • How can you be a natural-born citizen but not a resident for the past 14 years?

4. Presidential Roles

5. Chief of State • Ceremonial head of the government • In many countries the chief of state reigns but does not rule- like the Queens of England & Norway, emperor of Japan, presidents of Italy & Germany • entertains foreign leaders with formal dinners • promotes worthy causes (such as posing with the March of Dimes poster child) • recognizes citizens who have made outstanding contributions to their community or nation • bestows medals on military heroes • throws out the first pitch at baseball games • hosts the White House Easter Egg Roll

6. CHIEF EXECUTIVE • Under the Constitution, the President is the Chief Executive of the United States. • In this role, the President actually runs our government. • He makes sure that laws are enforced, appoints important officials, grants reprieves and pardons, issues Executive Orders, and coordinates the efforts of over 150 departments and agencies. • Some of the people who help him carry out these duties are his Cabinet (13 department heads) and the White House Executive Office Staff.

7. Chief Administrator • President is the chief administrator or director of the federal government heading an organization that employees more that 3 million citizens and spends trillions

8. COMMANDER-IN-CHIEF • The President is head of all the military forces. • He is responsible for raising, training, supervising, and deploying all the defense forces. • He reviews the troops and often awards service medals. • The President meets with military officers, as well as civilian national security advisors.

9. CHIEF DIPLOMAT • The President is the leader, initiator, and guide of our foreign policy. He consults with leaders of foreign countries, performs ceremonial duties with foreign leaders and makes decisions for our country affecting our foreign affairs. • Some duties are:- appoints the Ambassador to the United Nations who speaks for the United States-negotiates treaties or agreements with other countries-travels to other countries around the world where his words reflect the United States' position and ideas on foreign affairs

10. LEGISLATIVE LEADER • He recommends laws while advising and guiding the Congress in its lawmaking activities. • Each year in January as legislative leader, the President gives his State of the Union Address to a joint session of Congress. • This speech evaluates the country's domestic and foreign position and suggests what the President would like to accomplish in the next year. • Even after legislation (a bill which passes both houses of Congress), the bill does not become law until the President signs it.

11. LEADER OF HIS POLITICAL PARTY • The President is the leader of his own political party as long as he is President. • The party helps to keep him informed on the needs of the nation and the reactions of the citizens to his programs. • Because he is the leader of his party, the President frequently campaigns for or endorses other candidates from his own party who are running for office.

12. Chief Citizen • The president is expected to be “the representative of all the people” • He/she is expected to work for and represent the public interest • FDR said of the presidency, “it is preeminently a place of moral leadership.”

13. Pay and Benefits • $400,000/ year • $50,000/ year expense account • Most commonly used to host meeting that don’t fall within the budget of another federal dept. or agency. • Other benefits • Live in White House with a full staff • Travel on Air Force One • If Air Force One is used for non-governmental reasons the first family pays the equivalent of a first class ticket for each family member or friend. Which is why business is often combined with pleasure • Camp David- a resort hideaway in the Maryland • Presidents must pay their own daily expenses like food, dry cleaning, toothpaste, etc. • Medical, Dental, Health Care • Pension (equal to current Cabinet salary ($199,700) • Secret Service for life up through President Clinton, from President George W. Bush forward, Secret Service is only for 10 years

14. Presidential Succession • Presidential Succession is the plan by which a presidential vacancy is filled • The Constitution did not originally have a stipulation for succession • The 1st occurrence was when William Henry Harrison died and John Tyler set the precedent • The 25th Amendment • Said the VP became POTUS if POTUS died or resigned • Also sets procedure for presidential disability

15. Presidential Disability • The VP becomes acting president if • A) the president informs Congress, in writing, “that he is unable to discharge the powers and duties of his office” • B) the VP and a majority of the Cabinet inform Congress, in writing, that the President is thus incapacitated • In either case the President resumes his power & duties by informing Congress that no inability exists • However, the VP and a majority of the Cabinet can challenge the President. In which case Congress has 21 days to decide what to do • When would either of these occur? • This has only come in to play once since the amendment was passed when Ronald Reagan had surgery. For 7 hrs and 54 mins George H.W. Bush was acting president

16. Presidential Succession Act of 1947 • Set the line of succession • Vice President • Speaker of the House • President pro tempore of Senate • Secretary of State • Sec of the Treasury • Sec of Defense • Attorney General • Sec of the Interior • Sec of Agriculture • Sec of Commerce Sec of labor • Sec of Health & Human Services • Sec of Housing & Urban Development • Sec of Transpo • Sec of Energy • Sec of Education • Sec of Veterans Affairs • Sec of Homeland Security

17. The Vice President • “I am Vice President. In this I am nothing, but I may be everything” John Adams • “The vice presidency isn’t worth a warm pitcher of spit” John Nance Garner- FDR VP for two terms • VP is often the butt of many jokes, but is only a heartbeat away from the Oval Office • Constitution gives the VP 2 jobs- preside over the Senate and help decide presidential disability • Other than that he is waiting for something to happen to the president • 9 VPs have taken over the Oval Office

19. VPs are normally chosen to “Balance the Ticket” • Meaning he/she is picked to strengthen the chance of the presidential candidate to win. • Balance of ideological, geographical, racial, ethnic, gender or other characteristics. • VP vacancies • Office has been vacated 18 times: 9 times for succession of the Presidency, 7 times by death • 25th Amendment addressed VP vacancies • President appoints a new VP in case of vacancy (Congressional approval – 50% +1 of both houses) • 1st implemented in 1973 when Nixon appointed Gerald Ford to succeed Spiro Agnew (who resigned b/c of Watergate). Then President Ford appointed Nelson Rockefeller

20. VP Today • Since President Eisenhower, VPs have been given more responsibility • Ex. VP Al Gore was involved in Cabinet meetings, part of the National Security Council, performed political & diplomatic chores for the President • VP cannot be fired by the President so President’s have not given the VP too much power or responsibilities

21. Selecting the President • Electoral College- the group of people (electors) chosen form each State and DC to formally select the President and Vice President • Originally the electors cast two votes. The person w/the most votes became president, the person w/ the 2nd most votes became VP. If no one wins majority then the House of Reps elects president • System worked until G. Washington stepped down after two terms & the rise of political parties • 1796- J. Adams, a Federalist, became President. T. Jefferson, a Democratic-Republican, became VP • 1800- there was a tie n in the electoral college. T. Jefferson was finally elected president after the House of Representatives voted 36 times

22. 12th Amendment • Separated the ballots for POTUS and VP, so you wouldn’t end up with a Pres and VP of different parties. • Each electoral cast one vote for Pres and one vote for VP • Also says if the House cannot choose a Pres by a certain day, the VP acts as Pres

23. Presidential Nominations • The Constitution makes no provisions for selecting nominees for president, very few fed or state laws about it • States use either a primary or caucus • Since they are party-based, generally only happen with the party w/o an incumbent president. • Ex. 2012 there were no Democratic Presidential Primaries • 2016 both parties will have primaries • Caucus- (Iowa, TX, NV, ID, Washington?) • A meeting of delegates within a political party who meet to vote for a nominee for president • Iowa gets the most attention b/c it starts the primary season

24. Sitting presidents generally are not challenged in the primaries • Exceptions- 1976- Reagan challenged Ford (Carter won the election), 1980- E. Kennedy challenged Carter (Reagan won election), 2000- Bradley challenged Gore (Bush won) • Primaries • Elections in which the people choose their candidate for president • Open primary- any person can choose which ballot they pick (Demo or Rep) • Closed Primary- only declared members of a party can vote • Blanket Primary- Election when all the people running for president regardless of party are on the same ballot

25. Winner-take-all • Occurs when the winner of an election gets all the delegate votes for the entire state. • Which is the case in all places for the presidential election, except Maine & Nebraska (where the votes are divided up by district) • Delegates for primaries are not winner-take-all, but proportional • The rule with the Democrats is that if a candidate wins 15% of the votes, he/she gets votes at the national convention • We don’t really see that vote, because the news has already ‘declared’ a victor in primaries

26. Evaluation of the Primaries • Long season- starts early, if you are the winner, you essentially are running for president for over a year. • Demands on candidates times and resources • $50-$100 million just for the primary. • Time to travel to all the states (or most of them) • Tests the public’s endurance of elections

27. National Convention • Def- meetings at which the delegates who have been chosen by the state party leaders meet to officially name the party’s candidate for president and reveal the party’s platform. • Platform- the formal statement of basic principles, stands on major policy matters, and objectives for the campaign and beyond. (project 22) • In the past the nat’l conventions were more chaotic (the nominees weren’t a forgone conclusion like they are now) • Anymore the national convention is a giant party for the party

28. Day one is all about rousing speeches. • The Keynote address is the highlight- a special speech given by an accomplished orator(speech maker) • In 2004 a relatively unknown candidate for Senator from Illinois gave the keynote address- ___________________ • Day Two is about the platform • Day Three is about nominating the candidate and voting • Day Four is acceptance speeches from the VP and Presidential candidates

29. Presidential Election • Election Process • January-June- Primaries/Caucuses season, campaigning • July-August- National Conventions • August-November- Campaigning • November (1st Tuesday after 1st Monday)- Election Day • December-Monday after second Wednesday- Electoral College votes • January 20th Inauguration Day

30. Critique of the Electoral College • The winner of the popular vote might not win the election • Has happened 1824- Jackson won popular vote, JQA won election • 1876- Tilden won pop vote, Hayes won election • 1888 – Cleveland won pop, Harrison won election • 2000- Gore won pop, GWBush won election • No law requires the electors to vote for the candidate who won the popular vote in their state • Electors have “broken their pledges” – but it has never changed the outcome of an election, but it could • 29 States + D.C have laws against Faithless Electors- but they aren’t enforced

33. It is possible that the election could be decided in the House of Representative • Only happened twice- 1800, 1824 • Could happen especially with a strong 3rd party candidate • The House votes by state- so all states have the same number of votes regardless of population • If the reps from the state couldn’t agree, the state loses its vote • It is technically possible that the House might not decide by inauguration day

34. States with laws against Faithless Electors

35. Proposed Reforms • District Plan • Electors would be chosen by district, like members of the House • Would get rid of Winner-take-all issues • Interestingly – Nixon would have beat Kennedy in 1960 • Proportional Plan • Candidates would received the same % of electoral votes as they received of the popular vote. • Ex. If a candidate won 60% of the popular votes in Ohio he/she would received 11 of the 18 electoral votes • Could still have the winner of the popular vote lose the election • Could help 3rd parties • Might never have a candidate win 50% +1 of the electoral votes

36. Direct Popular Vote • Get rid of the Electoral College all together • Problem- would need a Constitutional Amendment • Could be issues with “stuffing the ballot box” or other voting fraud. (“vote early, vote often”) • National Bonus Plan • Keep the Electoral College • The winner of the popular vote would get a “bonus” of 102 electoral votes • This system should “make sure” that the winner of the popular vote wins the election

37. Proponents of the Electoral College (ppl who like it) • Two main reasons: • It is a known system- no learning a new way • It identifies the winner quickly & certainly (usually)

38. 2000 Presidential Election • Problem with counting ballots in several states, especially Florida • The Florida recount was challenged in the courts and went all the way to SCOTUS • SCOTUS ruled in favor of George W. Bush, but stated that its decision should not be used to set precedent

39. Growth of Presidential Power • Presidential power has grown based on the personality of the president • Some presidents ‘push the limit’ of power, some don’t • Every president since FDR have used the media to their advantage • Imperial Presidency • When presidents take strong actions w/o consulting Congress or, sometimes, deceiving Congress • Some say presidents have become isolated policymakers who are unaccountable to the American ppl • Usually refers to Johnson and Nixon

40. Presidential Powers • Executive Powers • Enforces, administers, carries out (Executes) the provisions of federal law • Ordinance Power • Power to issue executive orders (a directive, rule, or regulation that has the power of law) • Example- War Relocation Authority- FDR • Example – E.O. 11905- outlawed the use of political assassination - Ford • Example- E.O. 12148- Established FEMA – Carter • Example- E.O. 12601- est. President’s Commission on the HIV Epidemic

41. Appointment Power • Appoints (names) most top-ranking officials of the Fed • Ambassadors, other diplomats • Cabinet members & their top aides • Heads of Independent Agencies like EPA, NASA • All federal judges, attorneys, marshals • All officers in armed service • All appoints have to be confirmed by the Senate

42. Removal Power • The flip side of appointment power • The president has the power to remove his appointments. Congress has tried to limit this power- doesn’t really work • 1867- Andrew Johnson- Congress passed the Tenure of Office Act to prevent Johnson from firing ppl, esp. Sec of War Edwin Stanton- Went all the way to Impeachment- law was finally repealed in 1887 • Myers v. United States, 1926 • 1876- Congress passed a law stating POTUS could not fire a 1st, 2nd, or 3rd class postmaster w/o Senate consent. Wilson did it anyway. The postmaster Frank Myers sued for his salary for the rest of his term, citing the 1876 law. SCOTUS called the law unconstitutional • In other cases the court has ruled in favor of the employee

43. Diplomatic & Military Powers • Make Treaties- with Senate approval • Treaty- a formal agreement b/w two or more sovereign nations • Executive Agreements • A pact b/w POTUS & the head of state of another nation (or his/her appointee) • Can be made w/o congressional approval or any connection to congressional action (ex. Not linked to a treaty or legislation) • Recognition • Acknowledges the legal existence of another country & its government

44. Persona non grata (unwelcome person) • POTUS can show displeasure w/ another country by declaring that nation’s ambassador or other diplomatic official as persona non grata • POTUS can also recall US diplomats • Is a very strong rebuke (reprimand or “telling off”), usually reserved for the last thing before military action • Commander in Chief • Congress still declares war, but POTUS has the dominant military power • Undeclared war- J. Adams- 1798- w/ French warships harassing US merchant chips. T. Jefferson & J. Madison- 1800s- pirates off Barbary Coast (N. Africa), *Korea, Vietnam, 1989- Panama (to oust dictator Manuel Ortega & protect Panama Canal), 1991- *Operation Desert Storm, 1994-*Haiti, 1995 & 99 to Balkans

45. War Powers Resolution Act 1973 • Passed by Congress to limit POTUS military power • POTUS ignores it b/c the constitutionality is questionable

46. Legislative Powers • Recommending legislation- State of the Union • Bills • Sign it • Veto • Veto- not signing a bill & returning it to Congress • Do nothing and allow bill to become law • Pocket Veto- do nothing with less than 10 days left in session, the bill dies • Line-Item Veto • The power to veto parts (or lines) of a bill and not the whole thing • 1996- Congress passed the Line Item Veto Act • Clinton v. New York City, 1998 • Challenged and shot down in court

47. Judicial Powers • Appoint federal judges w/ Senate approval • Clemency- (mercy or leniency) • Reprieve & pardon of federal crimes only • Reprieve- postponement of execution • Pardon- legal forgiveness of a crime • Commutation- reducing a sentence • Amnesty- a general pardon for a group of law breakers • Example- President Ford gave a pardon to former President Nixon for all crimes associated w/ Watergate

48. Checks on Power • Traditional, Constitutional checks • Informal Checks: • Congressional leaders • Cabinet Members • Bureaucrats • Political Parties • Interest Groups • Media- Adversarial Journalism/“gotcha” journalism (Interviewing methods designed to entrap interviewees, moving away from agreed upon topics, seeking to uncover wrongdoings by officials)

49. Use of independent counsel (ex. Kenneth Starr) Law was repealed in 1999. • Senate use of “holds” (preventing a vote) and filibusters • Divided gov’t • More of a multilateral world which is more difficult for the US to act unilaterally. (as opposed to a bilateral world- Cold War)

50. Suggestions for strengthening POTUS • Revitalize political parties to make it easier to get things done • Revise Constitution: • One 6 year term • 2 or 3 person POTUS • Give POTUS power to dissolve Congress and call for new elections • Allow members of Congress to take positions within the White House • Provide a unified party ticket- POTUS/Senator/Congressman • Other??