Presidency

Who Can Become President?

• Article II, Section 1• Minimum age of 35• Be natural-born citizen– Cannot be a naturalized citizen

• Resident for 14 years within the United States

Road to the White House

• Exploration• Announcement• Primaries and caucuses• Nominating convention• Campaigning and the general election• Electoral college

Exploration• 18-24 months in advance, even longer now• Form exploratory committees– Chances of becoming president– Possible campaign themes and slogans– Write speeches and position papers– Seek endorsements– Recruitment– Begin organizing state campaigns in key states– Hire pollsters and consultants– Develop media appeals

Announcement

• About 12 months out make a formal declaration

• Must register with the Federal Election Commission

Primaries and Caucuses

• State presidential primaries– Method of choosing delegates to the national

convention.– Each state has a different system

• Closed primary• Open primary• Caucus• Super Tuesday

Nominating Convention

• http://www.youtube.com/watch?v=epxmX_58tOo

Electoral College

• Term electoral college not mentioned in the Constitution• Article II, Section 1= deal with electors

– 1 elector for each senator– 1 electoral for each state representative

• Electoral votes are apportioned among the states based on the census

• 538= total electoral votes• 270 needed to win the presidency• If no majority is attained then it goes to the House of

Representatives• 12th amendment

Electoral College

• http://www.youtube.com/watch?v=skojvOueqJw

Bush v. Gore Election

• http://www.youtube.com/watch?v=7CI2U79ykgA

• http://www.youtube.com/watch?v=7CI2U79ykgA

Running for President

• http://www.youtube.com/watch?v=Q-4Sfn_ti-U

• http://www.youtube.com/watch?v=c6avsQKngNk

• http://www.youtube.com/watch?v=WfrXIGclkLA

Extra

• http://global.nationalreview.com/dest/2011/12/23/2012_RNC_Delegate_Summary_32b0d429d50bfaf71e86b156401b5f04.pdf

• http://www.fairvote.org/gop-2012-primary-race-results#.UtVa0fRDuSp

• http://www.cnn.com/election/2012/

Structure and Powers of the Presidency

Separation of Powers

• Parliamentary government– Chief executive is the leader of the majority party

in the legislature– Prime ministers are elected from the parliament• More influential-controls legislative and executive

• United States– Separation of powers-three branch government– More complicated path to the presidency

Presidential Powers• Article II = vesting clause-executive power with the President.• Commander in Chief

– Power to order U.S. troops into battle– George W. Bush authorized domestic eavesdropping program– Obama created “kill lists” of terrorists

• Chief Diplomat– Negotiates treaties=2/3 vote in Senate– Can make executive agreement with other leaders of other nations– Make congressional-executive agreement

• Chief Executive/Administrator– Enforce laws, treaties, and court orders

• Chief of State– Official state visits to other countries

Additional Executive Powers• 1. Appointment power

– Recess appointments• 2. Veto power

– Pocket veto• 3. Pardon Power• 4. Take Care Power

– Article II, Section 3 – take care clause– Inherent powers

• During national crisis called emergency power• United States v. Curtiss-Wright Export Co.

• 5. Power to inform & convene Congress– State of the Union Address

• Signing statements• Statutory power• Constitutional powers• Expressed powers

Presidential Removal & Succession

• Article II, Section 4 – impeachment– House drafts the charges– Senate overseas the trial– 2/3 of the Senate to convict• Andrew Johnson impeached & acquitted• Bill Clinton impeached & acquitted

• Twenty-Fifth Amendment, Section 1– President can be declared incapiable

Controversies in Presidential Power

The War Power• Article I = Congress power to declare war• Article II = President power to wage war• 1973 War Powers Resolution (War Powers Act)– President can commit armed forces only:

• After declaration of war by Congress• By specific statutory authorization• National emergency created by an attack on the US or its armed

forces

* President is required to report to Congress within 48 hours.

Unless Congress declares war, troop commitment must be ended within 60 days

• http://www.loc.gov/law/help/war-powers.php

Power to Invoke Executive Privilege• Right to keep executive communications

confidential, especially relating to national security

• Watergate scandal– Secret tapes of White House Meetings– United States v Nixon 1974

• Bush four times invoked executive privilege• Obama “Fast and Furious” incident– shield Justice Dept. & A.G. Eric Holder

Power to Issue Executive Orders• Formal directives, just as strong as laws, can

be challenged in the courts• Presidents have issued 14,000• Executive memoranda– Less powerful, does not carry the force of law

• http://www.whitehouse.gov/administration/president-obama

Power to Submit a Budget to Congress• Congress=power to appropriate money• President = responsible for spending it– Required to summit annual budgets to Congress• OMB & GAO

• Congressional Budget and Impoundment Control Act 1974– Power to Congress to control its own budget

process– Created the Congressional Budget Office (CBO)

• Line item veto = 1998 ruled unconstitutional

Managing the Presidency

Executive Office of the President (EOP)• White House Office

– http://en.wikipedia.org/wiki/White_House_Office• National Security Council (NSC)

– http://www.whitehouse.gov/administration/eop/nsc• Office of Management and Budget (OMB)

– http://www.whitehouse.gov/omb/gils_gil-home• Office of Faith-Based and Community Initiatives (OFBCI)

– http://www.state.gov/s/fbci/• Office of National Drug Control Policy (ONDCP)

– http://www.whitehouse.gov/ondcp• Office of Policy Development

– http://www.whitehouse.gov/administration/eop/dpc• Council of Economic Advisors (CEA)

– http://www.whitehouse.gov/administration/eop/cea• Office of U.S. Trade Representative (USTR)

– http://www.ustr.gov/• Office of Administration

– http://www.whitehouse.gov/administration/eop/oa• Council on Environmental Quality (CEQ)

– http://www.whitehouse.gov/administration/eop/ceq/about• Office of Science and Technology Policy (OSTP)

– http://www.whitehouse.gov/administration/eop/ostp• Office of the Vice President (OVP)

– http://www.whitehouse.gov/administration/vice-president-biden

The Cabinet/Executive Departments• http://www.whitehouse.gov/administration/cabinet

• The tradition of the Cabinet dates back to the beginnings of the Presidency itself. Established in Article II, Section 2, of the Constitution, the Cabinet's role is to advise the President on any subject he may require relating to the duties of each member's respective office.

• Kitchen Cabinet-informal advisors to the president

• The Cabinet includes the Vice President and the heads of 15 executive departments — the Secretaries of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs, as well as the Attorney General.

• President has the power to fire a member of the cabinet.

The Vice Presidency

The President’s Job

Presidents as Morale Builders

Presidents as Agenda Setters

• Economic Policy• Social Policy• National Security Policy– United States v. Curtiss-Wright (1936)

Presidents as Persuaders

Congress and the Presidency

Why Presidents and Congress Disagree

• Competing constituencies• Competing calendars• Competing campaigns

Influencing Congress

• Presidential support score• Presidential mandates• Public approval– Political capital– Rally points

• Reputation