Article II & the President ...

3. Article II & the President ... • "Executive power” • Youngstown Sheet & Tube v. Sawyer, 1952 • NY Times Co. v US, 1971 • U.S. v US District court, 1972 • U. S. v Nixon, 1974 • Dames & Moore v. Reagan 1981 • Bush & Executive Power & U.S. Hostages in Iran • Hamdi V. Rumsfeld, Secretary Of Defense 6/2004 • Rumsfeld, Secretary Of Defense V. Padilla 6/2004 • Rasul Et Al. V. Bush, President Of The United States 6/2004

4. Article II, Section 1 • Term • Electoral college

5. How Select President? • How to select President was the most difficult question to our Framers. • 4 times adopted & then defeated election of President by Members of Congress. • 2 times defeated direct election of President by people (who?). • Did NOT want chosen by either Congress or by popular vote. So …

6. Electoral College • Electoral College was a compromise. • Allow those eligible to vote to express preference for President. • But, employ elite “electors” as independent check to make final decision … in case voters choose “wrong” candidate.

7. Article II, section 1, clause 2 • State law (legislatures) governs appointment of electors equal to number of U.S. Representatives and U.S. Senators in each state. • How many? • Electors may not hold any Federal office. They are “state” officers.

8. Electors as Free Agents • Electors intended to be “free agents” to exercise an “independent & nonpartisan judgment” as to who best qualified. Were to be distinguished, enlightened citizens. • “Select according to own will without concern for wishes of the people.” • Art #II, Sec. 1, Congress chooses day for selection of Presidential electors (general election day). When? • “Tuesday next after the 1st Monday in November.” • Nov. 7, 1848 first time all states chose on the same day. Why chose 1st Tuesday after 1st Monday?

9. 2012 Election • http://elections.nytimes.com/2012/results/president shows classic view

10. Election of 1800 • Democratic Republican (DR) candidates • Thomas Jefferson 73 electoral votes • Aaron Burr 73 electoral votes • DR electors intended Jefferson to be President & Burr to be VP but overzealously voted for both. • Federalist candidates • John Adams 65 electoral votes • Charles C. Pinckney 64 electoral votes • Federalist elector refused to vote for Pinckney to help Adams. • Election thrown to Congress; 16 states’ representatives voted over and over and still got tie votes until a member changed his vote which gave the election to Jefferson. • Resulted in 12th Amendment to prevent problem & now requires separate ballots for Pres & VP.

11. Amendment 12 (1804) • Supersedes Article II, sec 1 to make impossible situation of election of 1800. • President & Vice President “shall not be inhabitants of the same state.” • Texas voters sued Cheney 11/2000 as ineligible since both he & Bush were residents of Texas.

12. Elector Voting • Electors met in state capitols to cast separate votes for President & Vice President. • Congress decided 1st Monday after 2nd Wednesday in Decemberhttp://www.star-telegram.com/2012/12/16/4489352/the-nations-electors-cast-the.html

13. Amendment 12 (1804) • Each state’s certified & signed separate lists of electoral votes for President & VP sealed & sent to President of the Senate (VP) who counts in joint session of Congress. (Also sent to directors of US General Services Administration, the state’s secretary of state, and to the federal district judge of the district where each state’s elector’s met).

14. Amendment 12 (1804) • If no presidential candidate receives majority (what is it?) ... • House (2/3 quorum) chooses from (3) candidates with most electoral votes. • Then each state’s US House delegation gets one vote for president. How many? • If no decision made by March 4, then the VP is acting president.

15. Andrew Jackson John Quincy Adams Henry Clay William H. Crawford Pop & Electoral Vote 153,544(43.1%) 99 108,740(30.5%) 84 47,136(13.2%) 37 46,618(13.1%) 41 Total Pop votes cast 356,038 Total Electoral votes cast 261/132(majority) Thrown to Congress. Adams 13, Jackson 7, 3 cast for another. Election of 1824

16. Amendment 12 (1804) • If no vice presidential candidate receives majority of electoral votes ... • Senate (2/3 quorum) chooses from (2) with most electoral votes. Each senator has 1 vote. 100 votes! • VP must be eligible to be president.

18. 1876 Electoral College • Samuel Tilden(D), 51% pop vote, 4,284,020, and 184 elector votes. • Rutherford B. Hayes(R), 48% pop vote, 4,036,571, 185 elector votes. 247,449 votes less than Tilden! 2.97% of vote difference. • Disputes over 15 Electoral College votes in 4 states threw decision where?

19. 1876 Electoral College • 15 member Commission • Southern Democrat “conservatives” (Republicans today) cut secret deal to do what?

20. 1888 Electoral College • Grover Cleveland (D), 48.6% 5,540,050 popular votes. • 168 electoral college votes. • Benjamin Harrison(R), 47.8% 5,444,337 popular votes. • 233 electoral college votes. • Narrow wins in states & tainted by vote fraud in NY & Indiana • 95,713 less pop votes than Cleveland. .8713% of popular vote. • Cleveland defeats in 1892

21. Article II, Section 1 • Requirements • Succession • Benefits • Salary? Gifts? • http://www.politico.com/news/stories/0112/71358.html story about how a supreme court decision can permit even one wealthy individual to prop up a political candidate, which buys an election and does nothing to show broad based support. • Prohibit acceptance of anything of value based on the code required by federal law officers: • “I will accept nothing, even of the slightest value, including favored treatment of any kind, from anyone on my own behalf or behalf of another person, recognizing that acceptance may result in a conflict or give the appearance of a conflict with my official duties or in my effectiveness as an elected leader.” • In 2009, Obama struck a blow for better government with his executive order banning political appointees from accepting gifts from lobbyists. In 2011 he is extending ban to all 2.6 million career federal workers. The ban, will end the current exception that lets a lobbyist provide a worker up to $50 worth of gifts, including meals, entertainment and invitations to events, each year. • However, I believe nothing should be accepted from ANYONE.

22. Article II, Section 1 • Oath • “I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter.” So help me God (Can this be required?)

23. Article II, Section 2 • Commander in chief • Pardon • http://www.propublica.org/article/shades-of-mercy-presidential-forgiveness-heavily-favors-whites • War powers • Treaties • Nominations

24. Article II, Section 3 • State of the union • Call Congress • Receive ambassadors • Execute law • Commission officers • Impeachment

25. Amendment 20 (1933) • Terms for President/VP & Congress • Congress meeting frequency • Death of president-elect • President-elect not chosen or qualified • President-elect and VP elect not chosen or qualified • When Congress chooses president & VP, what if one dies?

26. Amendment 20 (1933) • If president-elect not chosen/qualified by 1/20, what happens? • If president-elect & vice president-elect both are not selected or qualified by 1/20 ... then what happens? • When Congress has right to choose the president and vice president ... What happens if a candidate dies?

27. Amendment 22 (1951)

28. Amendment 23 • District of Columbia

29. Amendment 25 (1967) • Garfield coma. What happened? • Wilson was an invalid? Why? • What role for the Vice President?

30. Amendment 25 (1967) • What happens when there is a vice president vacancy? • Examples?

31. Amendment 25 (1967) • What if the president is unable to discharge his duties but can communicate under Amendment 25?

32. Amendment 25 (1967) • What if the president is unable to discharge his duties but cannot or will not communicate under Amendment 25? • How can the President gets his job back? • What if there is an objection? • What role does Congress have?