The Presidency & Supreme Court

The Presidency & Supreme Court
Survey of Chapters 13, 14, &18

Chapter 13, Section I & II The Job, Succession, & the Vice President

Roles CONSTITUTIONAL Roles Chief of State Reigns & Rules Symbol of American People Chief Executive Power over domestic & foreign branch System of Checks & Balance Chief Administration Head of Executive branch

…Continued Chief Diplomat Architect of foreign policy Watched internationally Commander in Chief Dominant in military field Armed forces and arsenal at his disposal Chief Legislator Initiates legislative actions Public policy maker Works/clashes with Congress

…Continued OTHER Roles Chief of Party Leader of political party in executive branch Chief Citizen Representation of all the people Works for public’s interest

Formal Qualifications “Natural born citizen…of the United States” 35 years of age Youngest- Kennedy Oldest- Reagan 14 years a resident

Terms 4 year term Washington set 2 term precedent FDR- Won 4 terms, Served 3 full Until 1951no limit on number of terms 22nd Amendment Called undemocratic No more than 10 years served

Pay & Benefits Congress determines 400,000 annual pay/50,000 in expensive White House residence Staff & transportation Camp David access Health care, travel, & entertainment benefits

Presidential Succession Presidential Succession Presidential Succession Act of 1947 Est. line VP, Speaker, Pres. of Senate, Pro Tem, then heads of 14 Executive Dept. 25th Amendment outlines line of succession Disability Pres. informs Congress in writing VP & Majority of Cabinet agree Pres. may resume power

Vice President “I am Vice President. In this I am nothing, but I may be everything.” John Adams Presides of Senate Help decide on Presidential disability “a heartbeat away” 8 president died in office Vacancy Empty 18 times 9 succession to president, 2 resignations, & 7 died Low status played on party politics VP often picked to “balance the ticket”

Vice President Today Chaney see as the reinventor of the office Highly influential VP not subject to presidential firing

Chapter 13, Section III & IV Presidential Selection & Nominations

Original Provisions Early favoritism of Congressional choice Popular vote very unpopular Final Choice Presidential Electors, Electoral College Cast electoral votes 2 votes, 2 different candidates Most votes wins president, 2nd VP Elector of the enlightened and educated

Rise of Parties Framer’s election college worked until Washington did not run for a 2nd term 1796 election of showed problems President Adams (Federalist) VP Jefferson (Dem.-Rep.)

…Continued Election of 1800 Electors promised to vote accordingly Presidential tie Jefferson popular favorite 36 House votes to pick Jefferson 12th Amendment 1804 Separate vote President & VP Election

Primaries Choose some/all State’s party delegation Express preference of various candidates New Hampshire; leads the Nation Many held in early Feb. Used to build candidate popularity Democrats ever changing primary requirements

National Convention Delegates pick President of VP candidate Goals Name candidate Bringing together party factions Adopting party platform Keynote address, speeches, celebrity appearance, & balloons

Nominations If president runs for second term the pick is easy Things that are taken into account Public office record Past controversies Election history (Governor, Senator) Religion (Protestant) State size Appearance & Family life Speaking/Tech. ability Gender, Race/Ethnicity

Chapter 13, Section V The Election

The Electoral College Today Voters don’t directly vote for the President Vote for electors Once meant to make own decision Now they are just “rubber stamps” Vote for party’s candidates Electors picked “at-large” Winner-take-all Electors’ names rarely appear on the ballots

The Process Electors meet in their State’s capital Hold voting in December Vote for the President and Vice President separate Ballots sent to Washington Winner of election known in November January 6, President of the Senate counts votes before a joint Congress Candidate must receive 270 of 538 votes Ties sent to the House Occurred in 1800 and 1824

Flaws First Flaw Popular vote winner may not win the Presidency Winner-take-all electoral voting Misrepresentation of voters Second Flaw No law requiring electors to vote with popular majority “Broken pledge”

Proposed Changes District Plan Similar to Congressional members Proportionate plan Electoral vote based off population percentages Direct Popular Vote Support in 2006, Direct Popular Vote Plan Constitution would remain intact Changes would be made at the State level

Defending the Electoral College Works Well Few issues in the history of the EC Popular winner usually wins EC votes Known process Reform ideas unknown and untested Presidential winner usually known quickly

Survey of Chapter 14
The President in Action

Background Article II- Executive Article Command armed forces, make treaties, veto powers, etc. Loosely worded Article Definition & question of “executive power” Growth of power due to the use of mass media Radio, television, internet

Executing the Law Outlined in the “Oath of Office” “I do solemnly swear 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” Executive Order Directive, rule, or regulation that is in effect law

Appointment Powers Presidential appointments must meet Senate approval Appointees Ambassadors and Diplomats Cabinet members & top aides Heads of certain agencies Federal judges, marshals, and attorneys Officers of the armed forces Power to remove appointments Has been previously challenged in the Courts

Diplomatic & Military Roles Makes treaties with foreign countries Treaty: formal agreement between two or more nations Treaties must be approved by the Senate Executive Agreement Pact between the Heads of State of 2 countries No Senate approval required Recognition of foreign countries or leaders

…Continued Commander in Chief Making undeclared war Barbary pirate conflicts Korean & Vietnam wars Congressional Resolution Congress allows forces to be used in certain crisis

…Continued War Powers Resolution Within 48 hours of forces commitment the Pres. must appear before Congress Commitment of forces lasts for 60 days unless extended Congress may end military commitment Other Commander Examples Overthrowing dictators Ending military coups Prevent mass killings/genocide

Legislative Powers Recommending Legislation Spreads from platform Ripples from State of the Union Address Bill Powers Sign the Bill Veto the Bill No action for 10 days allows the bill to become law Pocket veto

…Continued Line-Item Veto Target wasted spending in a bill Keeps the President involved in monetary aspects while keeping the bill’s idea Call Special Sessions of Congress

Judicial Powers Below examples may be used except in cases of impeachment Reprieve Postponement of the execution of a sentence Must be accepted Pardon Legal forgiveness of a crime Other Examples Commutation Reduction of the length of a sentence or a fine Amnesty Blanket pardon of a large group

Chapter 18, Section III
The Supreme Court

Concepts The Supreme Court is the only court created by the Constitution Article III, Section I Court of last resort on questions of federal law The Justices 9 Supreme Court Justices 1 Chief Justice, 8 Associate Justices Appointed for life Resignation, retirement, death, or impeachment No true formal qualifications

Judicial Review Federal & State courts may exercise this right Decide constitutionality of a government action Ultimate power lies with the SC Final authority Judicial Review not outlined in the Constitution Intentional concept

Jurisdiction Exclusive Jurisdiction Power of the federal courts alone to hear certain cases Concurrent Jurisdiction Power shared by federal and State courts to hear certain cases Original Jurisdiction The power of a court to hear a case first, before any other court Appellate Jurisdiction The authority of a court to review decisions of inferior courts

…Continued Operations Oral Arguments Select times and dates for presentations Lawyers make oral arguments before the justices 30 minute limits Briefs Written documentation Support a single side of an oral argument Relevant facts Cite previous cases

…Continued Briefs Continued Brief of Support may appear from groups with an interest in a case Court grants permission “Lobbying” Most court cases are controversial Solicitor General Chief lawyer of the United States Represents the U.S. in court cases Asks the SC for a position of the U.S. government

…Continued Conference Closed meetings for discussion Chief Justice presides Speaks first and states his opinion Debate and final vote on the case 1/3 of decisions are unanimous Most are divided decisions Opinions Majority Opinion Announces court’s decision Used in future court cases as precedent Concurring opinion follows/attached Dissenting Opinion Written by justice who does not agree with the decision

The Presidency & Supreme Court