THE PRESIDENCY:The Executive Branch

LESSON 9

Who can be the President of the United States?I. Selecting a

CandidateA. Requirement

s 35 years of

age Native-born

citizen of United States

Resident for at least 14 years

How do we nominate candidates?II. Traditional

Nominating Procedure

A. Caucus System1. “KING CAUCUS”:

Small group of party leaders selected candidates

2. Used until 1828B. Nominating

Convention1. Used since 18282. Large groups of

party members 3. More democratic

How do we nominate candidates?

III.Nominating Procedures Today

A. State Conventions• Not used due to

cost and time concerns

• Worry that state party “bosses” would have considerable control over selecting nominees

How do we nominate candidates?

B. Presidential Primaries & Caucuses• All states now use

this procedure• Delegates chosen

by primaries• Most democratic,

but… Low voter turnout Expensive to run

How do we nominate candidates? C. National

Conventions• Held summer

before the election• “Political circus”• Purposes

Unite the party Introduce the party

platform Nominate

presidential and vice presidential candidates

How do candidates get their message out to the people?IV. The Election

CampaignA. The candidate

must appeal to the voters “go to the people”

Travel, dinners, speeches, TV, etc.

Campaigns cost millions of dollars

B. Campaign finance laws

1972: People’s donations must be made public

1974: Government will provide matching funds

Why doesn’t the popular vote end the election?V. Electoral College System

A. Electoral votes =

B. People vote for “electors for…”

HOUSE 435SENATE 100WASH, DC 3TOTAL 538NEEDED TO WIN 270

Why doesn’t the popular vote end the election?

C. The winning candidate is the one that receives the majority (plurality) of the popular votes in a state; the winner of the state receives all of the state’s electoral votes.

D. A candidate needs 270 electoral votes to win a Presidential election.

HOUSE 435SENATE 100WASH, DC 3TOTAL 538NEEDED TO WIN 270

“WINNER-TAKE-ALL” SYSTEM

How does the Electoral College affect Presidential elections?

VI. Effects of the Electoral College System

A. Distorts the popular vote

1980: Reagan v. Carter

2000: Bush v. GoreB. Candidate could lose

small states overwhelmingly in popular vote, but carry large states by small margins

1888: Cleveland v. Harrison

2000: Bush v. Gore

How does the Electoral College affect Presidential elections?

C. Discourages minor parties only Democrats and Republicans have legitimate chance to win

D. Affects the way candidates campaign focus on large states with many electoral votes and ignore small states

When does the President-elect actually start their new job? VII.Presidential Inauguration

January 20th (following Election Day) formerly March 4th when travel was harder…

How long does the President serve?VIII.Presidential

Term of OfficeA. PRECEDENT: Two-

term tradition until 1940

B. 1940: Franklin Roosevelt (FDR) broke the two-term precedent elected 4 times, but only served 3 full terms!

C. 1951: 22nd Amendment passed after FDR’s death limits President to 2 full terms or 10 years total

GEORGE WASHINGTON: He refused to run for a third term in 1796…

Who set the precedent?

If something happens to the President, then…IX. Presidential

SuccessionA. Original

Constitution: Vice President assumes the powers of the President for any reason (death, removal, resignation, etc.)

B. Presidential Succession Act (1947)

1. Vice President2. Speaker of the House3. President Pro Tempore

(Senate)4. Cabinet Members

(starts with Secretary of State)

If something happens to the President, then…

C. 25th Amendment (1967) Presidential Disabilities and Succession Act1.Vice Presidency

vacant? President nominates new VP to be approved by majority of Congress (both houses)

2.President disabled? Vice President shall serve as President

What’s the need for the President’s “right-hand man”?X. The Vice

PresidencyA. Requirements:

Same as Presidency (35/native/14)

B. Powers1. Presides over the

Senate2. Votes on Senate

deadlocks (50-50 ties)

3. Takes over for President under following conditions Resignation Removal Death

What has limited the President from becoming a tyrant?XII.Limitations on the Powers of

the President• Senate must approve all presidential

appointments• Congress can override a presidential veto• Supreme Court can challenge executive

orders• Senate has to approve all federal judges• President can not declare war• President can not recruit an army• House of Representatives can impeach a

President

Who helps the President?

XIII.Presidential Advisors and Assistants

A. EXECUTIVE DEPARTMENTS: The President’s Cabinet has grown from 3 positions to 15 today

Who helps the President?

B. PRESIDENT’S CABINET: George Washington began practice of having department heads and advisors meet with President developed through precedent• THOMAS JEFFERSON:

Secretary of State• ALEXANDER HAMILTON:

Secretary of Treasury• HENRY KNOX:

Secretary of War• EDMUND RANDOLPH:

Attorney General

How has the President expanded his power throughout history?XIV.The Unwritten Constitution

UNWRITTEN CONSTITUTION: Concepts not specifically written in the Constitution, but developed through precedent and time

A. The President’s “elastic clause”: Events and laws that result from Presidential action (ex: Louisiana Purchase)

B. CabinetC. Political parties