Institutions of American Government

Module 4.2: The PresidencySection 4: Impeachment & Succession

The Constitution and Executive Power

• Where is the first reference to executive power?– Article 1 section 2

• When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such vacancies

• Where is the first reference to the President of the United States?– Article 1 section 3

• Impeachment trials: “When the President of the United States is tried, the Chief Justice shall preside…”

• What do these references tell us about the President and Congress?

Impeachment• Formal accusation by the legislative

branch– Not removal from office– Not limited to presidents– Any federal officer may be impeached

• House of Representatives has sole power of impeachment

– Implies a simple majority of House to impeach

• Senate tries all impeachments– No person shall be convicted without

the concurrence of two-thirds of the members present

• Two presidents have been impeached– Andrew Johnson– William J. Clinton

• A third was almost impeached– Richard M. Nixon

• No president has been convicted

House Vote50%+1 Yes to impeach

Senate Vote2/3 Yes to convict

Succession

• A plurality of amendments address filling the office of President– Amendment XII

• Modifies the Electoral College ballot• Separate EC Ballots for PotUS and VPotUS

– Amendment XX• “Lame Duck” amendment• End of term changed from March to January• Presidential succession in case of death or failure to qualify

– Amendment XXII• “Truman” amendment• Two-term limit• Two-years acting president= 1 term

– Amendment XXIII• Presidential electors for District of Columbia

– Amendment XXIV• Acknowledgement of primary elections• Prohibition of poll taxes

– Amendment XXV• Presidential succession in case of removal or resignation• Vice Presidential succession in case of vacancy• “Acting president” in case of temporary presidential disability