presidency outline

8/14/2019 Presidency Outline

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History of the PresidencyNature of presidency evolved considerably over the course of American history

Limited role framers of the Constitution had in mind to the rise of the

president-centered government of the 20th century.o Framers views

Wary of executive power because saw it as most likely source totyranny

Becoming President

In order to become president, person must meet eligibility requirements laid

out in the Constitution

After that, person must secure his or her partys nomination.

Finally, he or she must face a demanding campaign and election process.

ELIGIBILITY:o At least 35 years old

o Resident of the United States for at least fourteen years

o Natural-born citizen This one has caused controversy and confusion

By law, if born to two citizens abroad, you are still acitizen

Unclear if can still be president though

As of 2006, when case went to supreme court, no ruling

Variety of people have tried to amend Constitution to

allow citizens born abroad to be president, but so far nosuccess.

Americas youngest president

Average age at inauguration = 54

People think JFK was youngest presidento Not true

o Youngest ELECTED (43)

Teddy Roosevelt = 42 when became president after

William Mckinley assassination in 1901.o DEMOGRAPHICS OF THE PRESIDENTS

Technically, Constitution allows women and members of anyethnic, racial, or religious group to be president, but so far, allpresidents have been white men, and all but one have beenProtestant (JFK = Catholic)

1984 Geraldine Ferraro became first woman nominated for VP

by major political party She and Walter Mondale were soundly defeated by Ronald

Reagan

2000 Joseph Lieberman became first Jew nominated by majorparty

He lost one of the tightest races in American history (w/

Gore)

CAMPAIGNING


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o Major parties select their presidential nominee at national conventions

Held every four yearso At convention, delegates from each state vote

Whichever candidate wins majority of delegates becomesnominee

To win delegates, candidates compete in primary electionso Held in each state prior to convention

o Citizens get to vote in primaries

o General election

Candidates usually rely on support of voters from own party

So campaign often competition for independent votes

Travel to battleground states to hold rallies

o Aimed at both turning out their own base and

persuading undecided voters to support them

Candidates debate each other on televisiono Running mates

Factors that go into running mate: age, geographical location;ideological platforms; personality

Abe Lincoln chose slaveholding Andrew Johnson from TN

during his reelection campaign hoping to convinceslaveholding states that had not seceded to remain inUnion

Ronald Reagan asked former rival, George Bush, because

Reagan knew Bush would appeal to moderates and fiscalconservatives

o ELECTORAL COLLEGE

Constitution only states that candidate who receives majority ofvotes in ELECTORAL COLLEGE becomes president.

Says nothing about popular voteo Intent of framers?

To filter public opinion through bodycomposed of wiser, more experienced people

Framers did not want president to be

chosen directly by people

Each state gets number of electors equal to total number

of members of Congresso All states get at least three

State governments determine how electors are chosen

o No federal office holders can serve as electors

Voters think when they are casting their vote, they arevoting for a presidential candidate

o But in all two states (Nevada and Maine), voters

actually vote for electors, who have pledged to votefor partys candidate during EC.

Winner take all

Some states have laws that require

every elector to vote for candidate


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who received most popular votes instate

o Many states with winner take all

have laws to punish FAITHLESSELECTORS who vote forsomeone other than winner of

states popular vote http://www.archives.gov/f

ederal-register/electoral-college/laws.html

Sometimes a candidate loses popular vote but still becomespresident

Happened 4 times in history

o John Q. Adams 1824

o Rutherford B. Hayes 1876

o Benjamin Harrison 1888

o George W. Bush 2000

In races with significant third-party candidate, winnerfrequently gets less than 50% of popular vote,

o Bill Clinton defeated George H.W. Bush and Ross

Perot 1992

If no candidate receives a majority of electoral votes, House ofRep votes to determine which candidate becomes president

Happened once

o Andrew Jackson won popular vote and more

electoral votes than any other candidate in 1824,but he didnt win a majority of electoral votes.

o House chose Jacksons rival, John Q. Adams to be

next presidento Choosing the VP

Originally presidential candidate who received second greatestnumber of electoral votes became VP

This created problems between presidents and VP from differentpolitical parties

12th amendment 1804: made it so EC chooses president andVP separately

o Presidential Term Limits

George Washington set key precedent when stepped down aftertwo terms

For 100 years after him, presidents refused to run more

than twice Until FDR (elected 4 times great depression and wwII)

o 22nd amendment 1951: illegal for presidents to be

elected more than twice

PRESIDENTIAL SUCCESSION

o Succession Act of 1947

If president dies, leaves office, or cannot perform duties VP

But then
http://www.archives.gov/federal-register/electoral-college/laws.htmlhttp://www.archives.gov/federal-register/electoral-college/laws.htmlhttp://www.archives.gov/federal-register/electoral-college/laws.htmlhttp://www.archives.gov/federal-register/electoral-college/laws.htmlhttp://www.archives.gov/federal-register/electoral-college/laws.htmlhttp://www.archives.gov/federal-register/electoral-college/laws.html


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o Speaker of the House

o President Pro Tempore of the Senate

o Secretary of State

o Sec of Treasury

o Secretary of Defense

o Attorney General

o Secretary of Interior

o Sec Agriculture

o Sec Commerce

o Sec Labor

o Sec of Health and Human Services

o Sec of Housing and Urban Development

o Sec of Transportation

o Sec of Energy

o Sec of Education

o Sec of Vets Affairs

o Sec of Homeland Security

o VP Succession Until 25th amendment 1967:

No law about what to do when office of VP was vacant

New VP nominated by president and approved by both

houses of Congresso Gerald Ford exception

Nixon Spiro Agnew resigned for taxevasion, Ford -= VP

VP President (Nixon resigned); NelsonRockefeller = VP

PRESIDENTS ROLES

o Chief of Staff Acts as symbolic leader of country

Every nation has a chief of staff

But it is not always the same person as president who

leads the stateo As chief of state, president resides over

Commemorations of war heroes

Throws first pitch at baseball games

Attends funerals of world leaders

Sometimes first lady or VP stands in if P cannot make it

o Chief Executive

Executes laws; appoints key federal officials; grants pardons andreprieves

Head of executive branch

Responsible for running federal bureaucracy and enforcing lawspassed by Congress

Allowed to appoint people to key offices

o Appointment power

President nominates members of the cabinet


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o Consists of appointees who are in charge of the

major executive departments and advise thepresident on policy matters

President also chooses heads of agencies, federal judges,

and about 2000 lesser jobso Senate must approve nominations

o Pres also has power to fire these officials

Presidents staff

President needs large staff

o Sits atop vast bureaucracy, including white house

staff (closest advisors)o As relies more heavily on staff, often loses ability to

control

Works with staff every day

Closest staff members often called kitchen cabinet

Pardons and Reprieves

As part of power to enforce law, Constitution grants power

to pardon people convicted of crimeso Release from punishment

o Really just allows president to prevent miscarriage

of justice

MOST NOTORIOUS

Gerald Fords pardon of Nixon for any

crimes Nixon may have committed aspart of Watergate scandal in 1974

o He meant to do well closing the

door on this situation

But some people think he

did worse by pardoninghim ensuring he couldnever face charges

o Commander in chief

Runs the armed forces

President is a civilian

President can

send troops into battle without formal declaration of war

from Congress

has final authority over military operations

during wartime

powers expand dramaticallyo during WWI, Wilson administration rationed food

and important materials and with mediascooperation, controlled the news

Controversial Power

Even though Congress can only declare war, president iscommander in chief

1973 War Powers Resolution (during Vietnam)


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o Requires president to consult with congress when

sending troops into combato Also gave Congress the power to force the

president to withdraw troops (but this power neverbeen used)

o Chief Diplomat

Negotiates with other countries

President is main face and voice of American foreign policy

Negotiating treaties and other agreements with foreign

leaderso Although Senate needs to approve all treaties

Uses two key tools to conduct foreign policy:

Executive agreement:

o An agreement made with foreign leaders that does

not require Senate approval

Although Congress may refuse to fund theagreement

o Executive agreements are not necessarily bindingon future presidents

Diplomatic Recognition:

o Formal acknowledgment of a government as

legitimateo This recognition allows the exchange of

ambassadorso Chief Legislator

Signs or vetoes legislation

Introduces legislation

Works with Congress on the budget

does not have formal leg power but has acquired great deal ofinformal power as relations between president and Congress hasevolved

People expect president to have set legislative agenda

o Series of laws wishes passed

Presented each year during State of theUnion Address to Congress and Americanpeople

Can also play key role in getting legislation passed by

persuading members of Congress to vote for certain billso Presidents popularity and partisan makeup of

Congress influence how effective president can bein getting legislation passed

STATE OF THE UNION (evolution)

o Obligation by Constitution to deliver message to

Congress each year.

Prior to 20th century, sent message in writtenform and message mostly was just adescription of status of country


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Now = key event, far more important thanbefore

For bill to become law, president must sign it.

Signing of bill often becomes ceremony

o Signs bill into law with many pens then distributes

pens to everyone who helped pass law If bill = unpopular, done in private

Sometimes adds a signing message

o Explains his support and understanding of new law

VETO

Most powerful tool in dealing with Congress

o Reject bill passed by Congress

o Congress can override by 2/3 vote in both houses

Overrides extremely rareo President attaches veto message to bill that is sent

back to Congress, explaining reasoning

POCKET VETO

o If president neither signs nor vetoes a bill while

Congress is not in session, bill dies at end of tendays

o If congress is in session and president does not sign

the bill within ten days, then bill becomes lawanyway

o Often does this because of political reasons

Too chicken to actually veto it but does notwant bill

Presidential veto is all or nothing

o Bill dies or does not

Line item veto President can use to strike specific

parts of the bill he or she dislikeswithout rejecting entire bill

Congress has passed laws giving

president this power, SC has rejectedthese laws as unconstitutional

BUDGET

Federal budget = huge part of legis agendao Explains how federal money will be spent during

next year

Federal government operates on fiscal years, a 12 monthperiod (does not coincide with calendar year) used foraccounting purposes

o Congress can reject or approve budget

o Superpolitician

Helps his or her party raise money and elect candidates

Helps choose chairperson of national party organization

and campaigns on behalf of fellow party members


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As most visible member president can play huge role in

raising money and generating support for candidates fromthis party

o Esp if candidate is popular

However, parties often seek to distancethemselves from unpopular presidents

In addition to formal roles, president also serves as leader ofhis/her party

PRESIDENTIAL POWER

o Constitutional Power explicitly granted in Constitution

o Delegated Power powers granted by Congress to help president fulfill

his dutieso Inherent power powers inherent in presidents power as chief of

executive branch

o Constitutional + Delegated = expressed powers

Because clearly outlined in Constitution

EMERGENCY POWERS

Most common inherent powero Exercised only in times of great need

Can declare a place devastated by a storm afederal disaster area, making it eligible forfederal aid

o Suspend civil liberties

o Spend money without congressional approval

EXECUTIVE ORDERS

o Another type of inherent power

Which is a rule or regulation issued by president that has theforce of law

Can issue executive orders for three reasons:o To enforce statutes

o To enforce Constitution or treaties

o To establish or modify how executive agencies

operate

All executive orders must be published in the FEDERALREGISTER

The daily publication of federal rules and regulations

EXECUTIVE PRIVILEGE

o Right of officials of the executive branch to refuse to disclose some

information to other branches of government or to the public

Including refusing to appear before congressional committees Not clearly defined (inherent power)

Courts set limitations on use of this privilege

1974 - SC ruled executive privilege could not be invoked toprevent evidence from being used in criminal proceedingsagainst president

ABUSE OF POWER and IMPEACHMENT

o If president abuses power, House of Rep can IMPEACH him or


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o formally charge him of committing crimes severe enough to call for

removal from officeo Senate then tries the impeached president to determine whether he is

innocent or guilty of charges

If convicted, president is removed from office

Two presidents impeached

o Andrew Johnson 1867

o Bill Clinton 1998

But no president has been convicted by Senate and

removed from officeo Nixon probably would have been with his

involvement in Watergate

Which is probably why he resigned beforeHouse began impeachment proceedings

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