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The Presidency

The Presidency. Chapter 14. Presidential Qualifications and Terms of Office. Must be a natural-born citizen At least 35 years of age Resident of the U.S. for at least 14 years Serves a four-year term with eligibility for reelection

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The Presidency

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  1. The Presidency Chapter 14

  2. Presidential Qualifications and Terms of Office • Must be a natural-born citizen • At least 35 years of age • Resident of the U.S. for at least 14 years • Serves a four-year term with eligibility for reelection • First president, Washington, sought reelection once set tradition • Franklin D. Roosevelt elected four times. • Twenty-Second Amendment (ratified in 1951) limits presidents to two four-year terms. • Total of 10 years if ascended to Pres as VP

  3. Getting elected • Early 1800s: Congress held a caucus to select presidential candidates • Jacksonians Era: first party conventions , candidates selected by party bosses who pick candidate • Progressive era – today :Primary elections / caucuses • What is a caucus? • Types of primaries • Open / closed • Problems with primaries and caucuses • Low turnout • Frontloading: later ones don’t count

  4. Getting elected • Conventions (today) • Formally name party’s candidate and VP candidate • Adopt party platform • Hype up the party and candidate • Electoral College http://www.youtube.com/watch?v=oyIFqf3XH24 • Why was it set up? • How does it work? • Pros / cons

  5. Presidential succession Article II Section 1 • “In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.” • vague?!? Does it mean a new election should be held early? Is the VP only Acting Pres? • John Tyler sets precedent when William Henry Harrison dies, arguments over this in Congress

  6. Presidential Succession • Presidential Succession Act of 1947 • VP • Speaker of the House • Senate Pres Pro tempore • 15 cabinet heads in order of creation • Sec. of state • Sec. of Homeland Security

  7. 25th amendment • Section 1: the process where the Vice President becomes President if the current President dies, resigns or is removed from office becomes official.Section 2: if the Vice Presidency becomes vacant, the President may choose a new Vice President, who must be voted and approved by Congress before the candidate can have the positionSection 3: the president may temporarily make the Vice-President the Acting President with a written declaration. This lasts until a second declaration is made that ends this condition. Section 4: this is an emergency provision that allows the Vice President and members of the Cabinet to declare the President unfit to carry out the duties of the Presidency. The President may assert his competency (ability to serve) by sending a declaration to Congress. The Vice President and Cabinet can submit another declaration against the President, which would force Congress to reach a 2/3 majority that the President is unfit for office.Section 4 has never been used, but Sections 1 – 3 have all been used at one time or another.

  8. Powers of the President • Expressed: explicitly listed in the Constitution most are found in Article II Section 2 • Implied / Informal: • Article II, Section 1: which grants “the executive Power” to the president • Article II Section 3, “he shall take Care that the Laws be faithfully executed.”

  9. Expressed Powers of the President • Military: Article II section 2 • “ Commander in chief” • “ the US must protect every state against invasion and domestic violence” • Judicial: Article II section 2 • “Power to grant reprieves and pardons” • “appoint federal judges” • Diplomatic: Article II section 2 • “Power to make treaties with the consent of the Senate” • “ receives Ambassadors and other public ministers” (officials) • “Appoint ambassadors” • “Diplomatic recognition” • Executive: Article II section 2 • “see that all laws are faithfully executed” • “ power to appoint, remove, and supervise all executive officers” • Legislative: Article II section 2 • “ veto power”

  10. Military Power: Expressed “ the US must protect every state against invasion and domestic violence” • Eisenhower and the integration of Little Rock High School • G.W. Bush and New Orleans post Hurricane Katrina

  11. Military Power: Foreign hostilities • Dispute over role of Congress vs. Power of the President • “Commander in Chief”: Expressed power • What exactly does this mean?!? • War Powers Act 1973 • Designed to give Congress more power, Congress doesn’t ever invoke it • What does it state? • Why don’t they invoke it?

  12. Judicial Power : All expressed powers • Appointments • Federal Court Judges / confirmed by Senate • “borked” • Senatorial Courtesy • Presidents can’t dismiss federal judges (serve for life) • Reprieves: • Cancel or postpone a sentence • Death penalty • Amnesty: • Carter pardoning draft dodgers • Pardons: legal forgiveness of a crime • Ford pardoning Nixon

  13. Diplomatic Powers Expressed Implied Executive agreements: between pres. and head of state Don’t need approval Not binding on future presidents Example: Destroyers for bases • Appoint ambassadors (Senate approval) • Meets foreign leaders • Recognize foreign countries • FDR and USSR • Negotiate treaties (Senate 2/3 vote to reject or approve) • Treaty of Versailles • rejected • Panama Canal Treaty • approved

  14. Executive Powers: Expressed • “ The executive power shall be vested in a President… must see that all powers are faithfully executed…power to appoint and remove executive branch officials…” • Enforces federal laws • Decides priorities for enforcement • DEA shouldn’t focus on busting medical dispensaries • Oversees cabinet departments, but can’t create a new cabinet department only Congress can do that • Appoints (with consent of Senate) • Cabinet members • Heads of independent agencies • Ambassadors / diplomats • Federal judges, US marshals, Federal attorneys • Removal power • Power to dismiss most officials they appoint • Not federal judges • Independent regulatory agencies • SEC • Social Security

  15. Executive Powers: Implied • Executive Privilege • President can withhold information if they deem it too sensitive to share • What is it? • When should it be allowed? • Used for evil • US v. Nixon

  16. Legislative powers Expressed powers Implied powers Executive Orders: orders issued by the President that have the force of law FDR: internment of Japanese Americans Clinton: Don’t ask, Don’t tell Obama: children brought illegally to US can more easily receive work permits • Required to give a State of the Union address to Congress • Can bring issues to the attention of Congress • Veto legislation • Veto / pocket veto • Less than 10% of veto's have been overridden • Pres can use the threat of a veto to get changes into bill • Riders may be inserted into a bill to persuade the Pres to sign it into law • Line item veto: • 1996 act gave pres the power to veto individual items from appropriations bills (usually riders, pork • 1998 SCOTUS declared this unconstitutional • Now pres must approve or veto the whole bill • Many governors have the power of line item veto

  17. The relationship between the President and Congress • President is seen as Chief legislator • White House staff work directly to lobby members of Congress • Bully pulpit : Use position to draw public attention to certain issues • TR and the 3C’s • FDR: New Deal and the 3 R’s • Reagan: “Great communicator” and tax reform • Meet with Majority and Minority leaders • Set policy agenda: items you want Congress to focus on… • Issues Obama is currently focusing on • Gun control • Immigration reform

  18. The relationship between the President and Congress • Divided Government • Presidency and Congress are controlled by different parties • Also occurs when the 2 Houses of Congress are controlled by different parties (we have this now) • Consequences • Difficult for presidents to make appointments • See next slide • Hyper partisanship makes it difficult for moderate from both sides to work together • Gridlock • “do –nothing Congress” • Low Congressional approval

  19. What can the President do to overcome the problems of a divided government? • Use the media to gain support for policy they want to promote • Use the threat of a veto • Logroll / make deals with leadership in Congress • Garner the support of interest groups A President must have the power to persuade!!!! - How must a President be perceived to be able to persuade Congress and the public to support their agenda? - What traits wouldn’t work well?

  20. The Power to Persuadeby Richard Neustadt • Presidential Power is wrapped in the power to persuade. According to Neustadt, presidents must: • Have a will for power • Be able to move/mobilize the institutions of national government into action • Possess a sensitivity of others & their views, and be able to build compromise/consensus –all important leadership skills. • Be able to convince other governmental actors that president’s policies are in their own best interest. • Be able to tie policies into best interests of the public (tie into public’s own lives) • Avoid delegating politics to others • Establish expertise • Build popularity & public prestige • Develop multiple information sources/channels

  21. The power to persuade • The most important source of power that a president has when it comes to shaping policy is the public • President has easy access to the media • One person, as opposed to 535 members of Congress Obama trying to garner public support for his gun control agenda What is his agenda? How is he using the “bully pulpit” to push his agenda?

  22. Presidents and Policy- making • Constraints a President faces while trying to shape policy • 1. Congress has most of the power due to the process a bill goes through to become a law • Presidents have much more leeway in foreign policy • Executive agreement • Commander in chief • 3. time constraints and the volume of issues our nation must deal with • Congress has 535 members and committee systems to deal with the sheer volume of policy, the President is 1 person • 4. budget constraints • 5. Unexpected crises

  23. Presidential Approval • http://online.wsj.com/public/resources/documents/info-presapp0605-31.html • General trend = lower at end of presidency, than date of inauguration • Tends to bump during re-election • Exceptions: Eisenhower, Reagan, Clinton

  24. Impeaching a President: Constitutional Background • Article I, Section 2 Clause 5: The House of Representatives … shall have the sole Power of Impeachment. • Article I, Section 3 Clause 6: The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. Clause 7: Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party, (defendant), convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

  25. Impeaching a president • Who can be impeached? • Pres., VP, all civil officers (basically all federal officials) • What are impeachable offenses? • Bribery, treason, and high crimes and misdemeanors • High crimes and misdemeanors very vague! • 2 presidents impeached, who?

  26. Step1: A bill of impeachment is introduced by a member of Congress and referred to the Judiciary Committee by the Speaker of the House • Sept 9, 1998: The independent counsel, Kenneth W. Starr, sends a report to the House saying he has found "substantial and credible information" that may constitute grounds for impeachment of President Clinton. The House forwards the report to the House Judiciary Committee.

  27. Step 2 Committee votes to see if they should hold a hearing to investigate the charges (kind of like a grand jury) , simple majority of committee members Step 3 If they vote in favor of proceeding it goes to the full House to confirm a hearing should be held (this isn’t the trial) October 5, 1998 Judiciary committee votes along party lines (21-16) to send vote onto the House floor October 8, 1998 House votes along party lines ( 258-176) to proceed with impeachment hearings

  28. Step 4 Judiciary Committee holds hearings into the accusations to decide what they will formally charge the president with • November 9th to December 10th 1998 Hearings are held Charge President with 4 articles of impeachment 1. perjury before a grand jury concerning his relationship with Lewinsky 2. perjury in an affidavit 3. Obstruction of Justice, urging Lewinsky to submit false testimony 4. Abuse of power: misleading people of US, his cabinet, and white house staff

  29. Step 5: Full House votes on Articles of impeachment (what to charge the President with… • Simple majority supporting an article sends it to the Senate • Charged Clinton with perjury and obstruction of justice • Question: Are these high crimes and misdemeanors? • Some argue yes: “high” refers to position, not severity of crime • Some argue no: “high” refers to severity of crime, not position

  30. Step 6: Trial in the Senate Members of House Judiciary Committee are the Prosecution, President has his own lawyers, Senate is the jury, Chief Justice is the judge • Trial takes place from 1/7/99 to 2/12/99

  31. Step 7: Senate votes on each Article of Impeachment • 2/3 needed to support removal from office • Clinton is acquitted, serves out his term

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