The Institutions

1. The Institutions Unit 4B The Presidency

2. The White House

3. Constitutional Qualifications • Be at least 35 years old • A natural-born citizen of the United States • Lived in the U.S. for 14 years

4. “Other” Qualifications • Political experience (usually have SOME) • Vice presidents, state governors, U.S. senators, U.S. representatives • Presidents with no prior elected office: • Zachary Taylor (W), Ulysses S. Grant (R), William H. Taft (R), Herbert Hoover (R), Dwight Eisenhower (R) • Military service (not required, but many see it as important) • 12 Presidents with no prior military service: • John Adams (F), John Quincy Adams (D-R, NR), Martin van Buren (D), Grover Cleveland (D), William Howard Taft (R), Woodrow Wilson (D), Warren Harding (R), Calvin Coolidge (R), Herbert Hoover (R), Franklin Roosevelt (D), Bill Clinton (D), Barack Obama (D) • White Anglo-Saxon Protestant (WASP) • John F. Kennedy (D) was first Catholic president (1961-1963) • Barack Obama (D) was first black president (2009-Present) • Charismatic (good speaker, schmoozer, access to campaign $$) • Outsider (promises to clean up Washington) • Not involved in the “mess in Washington” (Carter, Reagan, Clinton) • Only two female vice-presidential major party candidates • Geraldine Ferraro (D) (1984), Sarah Palin (R) (2008) Hilary Clinton Pres Primary (D) 2008 • James Buchanan (R) was only president not married (1857-1861) • John Tyler (W) (1841-1845) and Woodrow Wilson (D) (1913-1921) married during their terms

5. Electoral College • Article II establishes Electoral College • 12th Amendment requires vote for president AND vice president • In response to Election of 1800; Jefferson and Burr • Each state receives number of electors equal to number of representatives and senators • 23rd Amendment provides 3 electoral votes for District of Columbia • Usually, state political parties nominate their electors • Winner-take-all for 48 states based on popular vote in state • Maine and Nebraska split electoral votes • Electoral majority required • Currently, 270 out of 538 • House of Representatives chooses if no majority • 20th Amendment requires newly elected incoming House to choose

6. Presidential Candidates and State Campaigns Number of Hand Waves depicts number of presidential and vice-presidential candidate visits in last five weeks of election of 2004 Number of Dollar Signs depicts number of presidential campaign spending in last five weeks of election of 2004

7. Polls increasing against Electoral College as antiquated or undemocratic May win national popular vote, but no electoral majority Candidates ignore several states in favor of large states and swing states Propose choose electors based on winner of each congressional district OR national popular vote only Election of 1824 Andrew Jackson earned popular vote and plurality of electoral votes House of Rep elected John Q. Adams Election of 1876 Samuel Tilden (D) won over 50% of popular vote 3 contested states awarded to Rutherford B. Hayes (R) Election of 1888 Grover Cleveland (D) won popular vote, but lost to Benjamin Harrison (R) in electoral votes Election of 2000 Al Gore (D) won popular vote, but lost to George W. Bush (R) U.S. Supreme Court decided on recount of Florida’s votes Electoral College?

8. 270 to Win http://www.270towin.com/2016_election_predictions.php?mapid=bIrY What happens if they don’t get 270? Election is tossed to the House – who votes – one vote per state.

9. Inauguration • “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.” – Oath of Office • Twentieth Amendment (1933) established January 20th as inauguration date • Used to be on March 4th • Since John Adams, the Chief Justice of the Supreme Court has administered the oath

10. Presidential Terms of Office • Four-year terms • Originally, no limit to number of terms served • George Washington set precedent/tradition of two terms • Franklin D. Roosevelt • Elected to 4 terms (1932, 1936, 1940, 1944) • 22nd Amendment (1951) • Limited president to two terms

11. Presidential Benefits • $400,000 annual salary • $50,000 annual tax-free expense account • $100,000 annual tax-free travel allowance • Taxable pension plan • Secret Service protection • Support staff • White House staff of 400-500 people • Camp David, a countryside getaway • Air Force One (plane) and Marine One (helicopter) • Considered the most powerful person in the world • Leader of the Free World

12. The Many Hats of the President Chief Executive Execute laws, appoint executive officials Chief Legislator Propose legislation, veto power, State of the Union Commander-in-Chief In charge of armed forces Head of State Ceremonies, receive foreign leaders, official dinners Chief Diplomat Negotiate treaties/alliances, develop foreign policies, appoint ambassadors Head of Political Party Agenda setting, coattails, patronage

13. “…take care that the laws be faithfully executed” EXECUTIVE ORDERS (INFORMAL POWER) Rules and regulations of enforcement by president Suspension of habeas corpus, Japanese internment, equality in armed forces, EPA Ex parte Merryman Korematsu v. United States EXECUTIVE PRIVILEGE (INFORMAL POWER) Power to refuse appearing before or refusing to provide information to Congress or the Supreme Court Presidents argue for it based on separation of powers Washington and the House on treaties United States v. Nixon (1974) Evidence may not be withheld in criminal proceedings Clinton v. Jones (1997) Presidency cannot protect from civil litigation on actions before becoming president Chief Executive • Presidential Appointments (FORMAL POWER) • * - The president cannot remove from office • Executive department heads • (i.e. Secretary of State) • Heads of independent regulatory agencies • (i.e. Federal Reserve Chairperson)* • Federal judiciary • (including U.S. Supreme Court)* • U.S. marshals and attorneys • Ambassadors • Requires U.S. Senate approval (simple majority) • Recess appointments (FORMAL POWER) • Executive Appointments • * Informal powers • White House Staff • Executive Office of President

14. Prepare and propose federal budget to Congress (INFORMAL POWER) Per the Budget and Accounting Act of 1921 Congressional Budget and Impoundment Control Act (1974) Denied president right to refuse spending appropriated funds Office of Management and Budget (OMB) Agenda Setting and Power of Persuasion National leader and representative (INFORMAL POWER) Head of the party (INFORMAL POWER) Bully pulpit (INFORMAL POWER) Presidential approval ratings (INFORMAL POWER) Veto threat (FORMAL POWER) Chief Legislator • Veto Power • Sign bills into law (FORMAL POWER) • Signing Statements (INFORMAL POWER) • Veto bills (FORMAL POWER) • Congressional override (2/3 majority of both houses) • Less than 10% of vetoes ever overridden • POCKET VETO (FORMAL POWER) • LINE-ITEM VETO • Clinton v. City of New York • State of the Union Address (FORMAL POWER) • Special Sessions of Congress (FORMAL POWER)

15. Formal Judicial Powers of the President • Appoint justices to the U.S. Supreme Court and lower federal courts • Requires U.S. Senate approval (simple majority) • Senatorial courtesy* • Grants reprieves, pardons, amnesty • Reprieves postpone a sentence allowing for appeals • Pardons forgive a crime and cancel the punishment • Gerald Ford’s blanket pardon of Nixon for Watergate • Amnesty is to forget the crime in lieu of testimony or support

16. Chief Diplomat • Congress delegates diplomatic powers to President • Appoints ambassadors (FORMAL POWER) • U.S. Senate approval (simple majority) • Receives foreign dignitaries (FORMAL POWER) • Recognize nations (FORMAL POWER) • Treaties and Pacts • Negotiates Treaties (FORMAL POWER) • Requires advice and consent of 2/3 majority of U.S. Senate • Woodrow Wilson and Treaty of Versailles/League of Nations Denial • EXECUTIVE AGREEMENTS (INFORMAL POWER) • Bypassing treaty ratification requirements, president establishes foreign policy with heads of states • Does not require Senate approval, but must be re-consented by each new president • North American Free Trade Agreement (NAFTA)

17. Commander-in-Chief • Commander-in-Chief • Over all armed forces • Appoints Joint Chiefs of Staff (military advisors) • Wages war • Troop deployment • Provides for domestic order • Call up the National Guard in affected state/locality • Crisis Manager (INFORMAL POWER) • War Powers Resolution (1973) • President notifies Congress 48 hours in advance of combat • Armed forces for 60 days and 30-day withdrawal period • Congress may extend military use, declare war, or authorize use of military

18. Impeachment • May be charged with treason, bribery, high crimes and misdemeanors • House of Representatives impeaches (indicts/charges/accuses) • Simple majority required • Senate tries (acquit or convict) • Presided over by Chief Justice of the U.S. Supreme Court • 2/3 majority required for conviction • Historical Events • Andrew Johnson • Democrat president dealing with Radical Republicans during Reconstruction • Acquitted by 1 vote on 2 charges • Bill Clinton • Democrat president involved in affair and impeached by Republican-dominated House for perjury and obstruction of justice • Overwhelmingly acquitted • Richard Nixon* • House Judiciary Committee was in process of drafting impeachment articles before Nixon resigned

19. Vice President • Selection of a Vice President • Balance the ticket • Selected based on different party faction, geographical region, political experience • John F. Kennedy/Lyndon B. Johnson (1960 Election) • Constitutional Responsibilities • Preside over the Senate as President of the Senate • Break voting ties in the Senate • Assume presidency upon death, infirmity, disability, removal from office of president • Duties of a Vice President • Attend Cabinet meetings alongside the president • Serve on National Security Council • Diplomatic representative of president

20. Vice president succeeds president upon death, removal from office, disability, infirmity Article II Twentieth Amendment Twenty-Fifth Amendment Presidential Succession Act of 1947 Vice President Speaker of the House President Pro Tempore Secretary of State Secretary of Treasury Secretary of Defense Attorney General Presidential Succession (cont.) Based on chronological order of executive department Secretary of Interior Secretary of Agriculture Secretary of Commerce Secretary of Labor Secretary of Health and Human Services Secretary of Housing and Urban Development Secretary of Transportation Secretary of Energy Secretary of Education Secretary of Veterans’ Affairs Secretary of Homeland Security Presidential Succession

21. The Office of the President • In development of policy and decision-making, the closest and/or last person/people to the president influence the ultimate decision • Executive Office of the President (EOP) • Executive Order 8248 by FDR • White House Staff • Part of the EOP • The Cabinet • Executive department heads

22. White House Staff • May be hired and fired at will; no legislative or judicial approval necessary • Chief of Staff • Administers the White House staff • Usually a personal or close friend/ally • May possess a certain policy expertise or political connections • Press Secretary • Disseminate and provide information to the president, the White House staff, and the mass media • Communications • Develop and promote the president’s agenda • Organizational Structures • Pyramid • Hierarchal structure reports to the Chief of Staff • Circular • Members and aides all directly report to the president • Ad-hoc • Task forces, committees, informal groups of advisors and friends report to the president

23. Executive Office of the President • Policy advisors and experts • Some officials require Senate approval • Office of Management and Budget (OMB) • Assist in developing federal budget proposal • Monitor supervision of executive agencies • Council of Economic Advisers • National Security Council • National security and foreign policy advisement • Office of the U.S. Trade Representative

24. The Cabinet • Administrators, or secretaries, of the executive departments • Appointed by president and approval from Senate • Selection by President • Usually an expert in department appointed with some political and private experience • In most cases, the person barely has any personal or political relationship to the president, if any • Some may be chosen for image of diversity • Department Loyalty • Policy expertise over partisanship, administration • Some in-fighting with EOP and White House Staff

25. The Executive Departments State Treasury United States Mint/Bureau of Engraving and Printing Internal Revenue Service (IRS) Defense (“The Pentagon”) National Security Agency (NSA) Justice Federal Bureau of Investigations (FBI) Bureau of Alcohol, Tobacco, and Firearms and Explosives (ATF) Drug Enforcement Administration (DEA) U.S. Marshals Service Office of the Solicitor General Interior National Park Service Bureau of Indian Affairs Agriculture (USDA) Commerce Bureau of the Census National Oceanic and Atmospheric Administration (NOAA) Labor Bureau of Labor Statistics Occupational Safety and Health Administration (OSHA) Health and Human Services Centers for Disease Control and Prevention (CDC) Food and Drug Administration (FDA) Medicare Housing and Urban Development (HUD) Transportation Federal Aviation Administration (FAA) Energy Education Veterans’ Affairs Homeland Security United States Coast Guard Immigration and Customs Enforcement (ICE) U.S. Customs and Border Protection United States Secret Service Federal Emergency Management Agency (FEMA) Transportation Security Administration (TSA)

26. The First Lady • First and foremost as White House hostess • Attends social events and ceremonies with or representing president • Modern First Ladies usually coordinate politically safe issues and initiatives • Nancy Reagan’s “Just Say No To Drugs” • Strong First Ladies • Dolly Madison • Eleanor Roosevelt • Civil rights issues, campaigned for FDR • Hillary Clinton • Given direct policy role for national health care initiative

27. Presidential CharacterActive-Positive • Energetic, high self-esteem, confident, optimistic, productive, flexible, enjoys being president • Jefferson, FDR, Truman, Kennedy, H.W. Bush

28. Presidential CharacterActive-Negative • Energetic, low self-esteem, compulsive, rigid, secures and retains power, pessimism • Wilson, Hoover, Lyndon Johnson, Nixon

29. Presidential CharacterPassive-Positive • Enjoys being president, seeks affection, cooperative, compromising, limited energy, reacts • Madison, Taft, Harding, Reagan, Clinton

30. Presidential CharacterPassive-Negative • Obligated, limited energy, principles over politics, avoids power • Washington, Coolidge, Eisenhower