The American Presidency

Unit 8

The Presidency…interesting facts

• Salary: $400,000 per year

• Expense account: $50,000 per year

Free:

• Housing

• Food

• Transportation

• Vacation home

• Security

The Presidency and the Constitution

• Article II: – requirements; selection; term; removal; powers

• Amendment 12: – Electoral College will select Pres. & V.P.

• Amendment 22: – 2 (4-yr) terms or 10 years

• Amendment 25: – Presidential succession

The Presidency and the Constitution

Article IIQualifications:• Natural born citizen• 35 years old• Lived in the U.S. for 14 years

Term:• 4 year term – (no more than 2 consecutive terms or 10 years)

The Presidency and the Constitution

Article II

Selection:

• Electoral college– Each state sends members = Congressional Rep.

–Majority wins (No majority? House decides)

Removal:

• House issues impeachment

• Senate removes

Presidential successioncreated by the presidential succession act 1947

and 25th amendment

1. The Vice President 2. Speaker of the House 3. President pro tempore of

the Senate4. Secretary of State 5. Secretary of the Treasury6. Secretary of Defense 7. Attorney General8. Secretary of Homeland

Security9. Secretary of the Interior

10. Secretary of Agriculture11. Secretary of Commerce 12. Secretary of Labor 13. Secretary of Health and

Human Services14. Secretary of Housing and

Urban Development15. Secretary of

Transportation16. Secretary of Energy17. Secretary of Education18. Secretary of Veterans

Affairs

The leadership roles of the presidency

• Chief of State = The ceremonial head of the government

• Chief Executive = Has the power to execute the laws • Chief Diplomat = Establishes U.S. foreign policy• Commander in Chief = Head of the military• Chief Legislator = Shapes public policy• Chief of Party = Head of the political party that

controls the White House • Chief Citizen = Represents all citizens of the U.S.

Powers of the Presidency• Appointment powers:Appointment powers:

– Ambassadors

– Cabinet members

– Officers of the military

– Federal Judges• All with advice & consent of

Congress

• Diplomatic powers:Diplomatic powers:– Can create and sign treaties

• Must be approved by the Senate

– Can sign executive agreements• Does not need Congressional

approval

– Can recognize & not recognize countries

• Legislative powers:Legislative powers:– Recommend bills

– Call Congress into session

– Veto

Powers of the Presidency

Judicial powers:Judicial powers:

• Reprieve (Postponement of a sentence)– Usually given for the death penalty

• Pardon (Forgive a crime)– Presidents grant hundreds of pardons every term

• Commutation (Reduce a sentence)

• Amnesty (Pardoning a whole group)– Carter pardoned all Vietnam war draft dodgers

Powers of the Presidency

Military powers:Military powers: (in times of peace)• Create and train a military• Can deploy troops for use of force (military military

actionaction) with Congressional authorization• The military action must end within a set number

of days unless Congress re-authorizes• Congress can end a military action at any time

with a concurrent resolution

Powers of the Presidency

Military powers:Military powers: (in times of war)• Deploy troops• Ration food, water, and gas• Control wages and prices• Take control of industries• Declare martial law

Powers of the Presidency Shaping policy

Since FDR:• Presidents set the national legislative agenda• Presidents determine how best to interpret, execute

and enforce laws• Presidents use the following to influence Congress:– Patronage; leadership; media; campaign events; and

public support

• Control the budget…impact on Policy?• Issue executive orders

Powers of the Presidency Limitations

Examples:• Federal Budget• Party polarization & extremism• Judicial Implementation• Lame Duck period

What other limitations to presidential power prevent the president from exerting influence?

Progression of Presidential Power

Lessons from Washington:

• National government is supreme

• Meet with advisors

• President sets foreign policy as given by the inherent powers

Progression of Presidential PowerAdams to FDR

• Congress was the dominant branch

• Most people never came in contact with the President

• Most acted only on the expressed powers

• Few presidents expanded power:– Jackson

– Lincoln

• Increased the size of the budget and employees in the Executive branch– 2008 budget: $2.9 trillion– 2008 employees: approx 3 million

• Began dictating domestic policy• Often claimed Executive privilege (Nixon &

Clinton)• Frequently exercised the use of inherent or

implied powers (Bush and the wiretaps)

Progression of Presidential PowerThe Modern Presidency

Judicial challenges to Presidential Power

• Worcester vs. Georgia (1832)…Supreme Court ruled that Native Americans could not be removed from their land– Jackson never enforced the ruling

• Prize Cases (1863)• Korematsu vs. US (1944)• War Powers Act (1973)…established powers of

president in a time of peace• U.S. vs. Nixon (1974)…limited power of

executive privilege