Constitutional Requirements to be President

SSCG13 The student will describe the qualifications for becoming President of the U.S.

Explain the written qualifications for President of the United States. Describe unwritten qualifications common to past presidents.

Constitutional Requirements to be President1.Natural born Citizen

2.35 years old

3.Resident of the U.S. for at least 14 years

*The Vice President’s qualifications are the same as the President with the exception that he/she can not have their primary residence in the same state as the President.

Informal Presidential Qualifications1. College Educated

2. Military Experience

3. Prior government experience

Most have been white, male, protestants with families

What voters want….The impossible dream!

Cooperation w/CongressPeacekeeperAbility to solve economic problemsSomeone with good character, judgment, and

humorA sense of purposeTough, decisive, competent, effective & fairA leader with initiative

How is the President Elected?

Candidates must take two paths to win their party’s nomination: (1) Either through primaries or (2) party state conventions

Local Caucuses

Party voters in local meetings choose delegates to state conventions

Presidential Primaries

In states with primaries, party voters select some or all delegates to national convention and/or express preference for party’s nomination

State Conventions

Party voters select some or all of the delegates to the national convention

National Convention

Delegates choose the nominee of each major party – with conventions held in the summer of election year

How is the President Elected?

Democrat Nominee

Republican Nominee

Third Party Candidates

Election Day

Voters cast their ballots on Tuesday following the first Monday in November. Voters actually choose presidential electors.

Electoral College

Presidential electors meet in State capitals on Monday following the second Wednesday in December to cast electoral votes. 270 needed to win.

How does the Electoral College Work?

Electoral votes are determined by total number of senators and representatives in each state

Example

Michigan has 2 senators and 14 representatives –

total electoral votes are 16

Largest state – California, has 55 electoral votesElectors are party loyalists that are chosen by the state parties

Voters elect the slate of electors on Election Day. For Michigan: 16 Republicans or 16 Democrats, depending on majority vote.

Majority of Electors: 270 of 538 is necessary to win.

23rd Amendment allows for 3 electoral votes for Wash. DC

Inauguration of the President

Term of Office: Four Years

Inauguration: January 20th

12th AmendmentCleans up the voting “mess” that was the 1800 election (Jefferson and Burr

tied in electoral college voting). Electors vote twice, once for President, once for V.P.Restricts House, in the event the election is “tossed” to them, to vote for

top three vote-gettersElectors must vote for at least one (Pres./V-Pres.) from a different State

(why Dick Cheney, a Texan, registered to vote in Wyoming!)Requires that Vice-Presidential candidates meet same requirements as

Presidential candidates

Twelfth amendment requires the electoral college conduct two separate votes.

The first is for President.The Second is for Vice President

20th Amendment“Lame Duck” AmendmentMoves inauguration to January 20th from

original March dateCongressional start date moved to January in

same amendmentLength of time for a sitting president who is

not re-elected is reduced Goal: prevent inactivity or hasty decisions on

way out of office

Presidential Term LimitsWashington began the tradition of

serving only two terms, but it was really unlimited until the 22nd Amendment, which gave two rules:No one can be elected as President

more than twice. No one that serves more than two

years of another President’s term can be elected more than once.

Benefits of the Presidency1. Salary: $400,000 per year (beginning in 2001)

2. Perks: White House w/staff of 100+ Doctors and Health Care Expense Account of $50,000Air Force One and a fleet of jets and

helicoptersCamp David – vacation spot in MarylandPension, Retirement, and Secret Service for 10

years after they leave office

White House 132 rooms, 35 bathrooms,

28 fireplaces, 8 staircases, 3 elevators and 6 levels in the Residence

EntertainmentMovie theater, bowling

lanes, putting green

Pension Plan$166,700 a year free mailing privileges for

nonpolitical correspondence, free office space, $96,000 a year for office help, and, during the first thirty months after their term of office has ended, up to $150,000 for staff assistance.

Secret Service protection for 10 years for Pres & First Lady (children until they are 16)

Benefits of the Presidency

The White HouseAir Force One

Camp DavidMarine One

Vice Presidential Roles1. President in Waiting2. Acting President of the Senate and can

vote in order to break a tie.3. Power over presidential disability as

stated in the 25th Amendment.4. Chairs Commissions, meets foreign

dignitaries, and advises the President.5. All other responsibilities come from the

President.

The Vice President

Provisions of the Vice PresidentProvisions of the Vice President

Salary $230,700 per year

Lives in House on Observatory Hill– Located in the U.S.

Naval Observatory in Washington, D.C.

– Home to the Vice President since 1974

25th AmendmentProcedures dealing with Presidential Disability1.Vice President becomes President if the President

resigns, is removed or dies.

2.If there is a vacancy in the Vice Presidency, then the President appoints a new V.P. and both houses of Congress must approve him.

3.The Vice President becomes acting President if the President is unable to serve temporarily.

4.The President becomes acting President as soon as he declares himself fit, unless the Vice President, a majority of the Cabinet and 2/3 of the Congress declare him still unfit. Then the Vice President will remain the acting President until it is determined that the President is fit.

Presidential Succession ActFollowing World War II, a new Presidential

Succession Act of 1947 was passed

Placed the Speaker of the House and the president pro tempore of the Senate behind the vice president

The line of succession then extended to the executive department heads in the order in which their agencies were created.

Presidential Succession

John Boehner, Speaker

Patrick Leahy, Pres Pro-Tempore

John Kerry, State

Chuck Hagel, Defense

Eric Holder, US Attorney General, Dept of Justice

r

Jack Lew, Treasury

Did you know?One Cabinet member stays out of State of the Union Address…

2013 - Energy2012 - Agriculture2011 – Interior2010 – HUD (& State)2009 - Justice2008 – Energy2007 – Justice2006 – Veteran’s Affairs2005 – Commerce2004 – Commerce2003 – Justice &

Transportation2002 – Interior2001 – Veteran’s Affairs2000 – Energy1999 – HUD1998 - Commerce

1997 – Agriculture1996 – HHS1995 – Transportation1994 – Agriculture1993 – Interior1992 – Agriculture1991 – Interior1990 – Veteran’s Affairs1989 – None1988 – Interior1987 – Agriculture1986 – Agriculture

Original Intent: The Formal PowersExecutive with limited powerEnforce the laws of CongressHandle foreign policyBe chief executive and head of stateBroadly defined constitutional powers for

flexibility (has resulted in expanded power)

Commander in ChiefGrant pardons & reprievesReport on State of the Union

Informal PowersMorale builderParty leaderLegislative leaderCoalition builderCrisis managerPersonnel recruiterWorld leaderBudget setter

Agenda/policy setterConflict resolverPersuader and

policy communicator

SSCG12 The student will analyze the various roles played by the President of the United States; include Commander-in-Chief of the Armed Forces, chief executive, chief agenda setter, representative of the nation, chief of state, foreign policy leader, and party leader.

Chief Executive

Enforce the lawHead the bureaucracyAppoint federal officialsNegotiate treatiesGrant pardons, reprieves and amnesty

Chief of State

Representative of nationSymbol of AmericaHost to distinguished

delegates and visitors

Chief of the Economy

Guard the Economy

Prevent depressions

Balance budget

Commander in ChiefCivilian control of the militaryAssignment of troops with war declaration

from CongressSending troops without formal

war declaration Gulf of Tonkin Resolution

War Powers Act 1974

Party LeaderShape party platform

Campaign for party

Mobilize public opinion

Chief Legislator/Agenda Setter

State of the Union AddressRecommend legislationPresent the budgetVeto power

Chief DiplomatTreaty making with

Senate approvalEstablish diplomatic

relationsExecutive

agreements

SSCG4 The student will demonstrate knowledge of the organization and powers of the

national government.

Executive Powers1. Commander in Chief

Gulf of Tonkin Resolution – while troops are in conflict, the President can take any action to protect the troops short of declaring war.

War Powers Act – President cannot send troops out unless:

Congress declares WarA law authorizes the actionNational Emergency: but the President must follow 2

rules:Notify Congress within 48 hoursCannot keep troops abroad for more than 60 days

without Congressional Approval.

Executive Powers2. Enforces Laws

3. Executive Agreement – agreements Presidents make on behalf of the U.S. with foreign countries that do not require Senate approval.

4. Treaty – agreements Presidents make on behalf of the U.S. with foreign countries that require Senate approval.

Executive Powers5. Power of Appointment – appoints federal

officials along with judges and Supreme Court justices.

6. Power of Removal – can remove federal officials but not judges or justices.

7. Executive Privilege – the right to withhold information from Congress and the Courts

Legislative Powers1. Recommend Legislation

3 formal messages: State of the Union AddressEconomic ReportBudget Message

2. Approve Legislation – signs bill into law

Legislative Powers

3. The Veto Power – forbid legislation

4. The Pocket Veto – to sit on the bill for ten days without signing it and it is a law. However, if Congress adjourns within ten days then it cannot be overridden.

5. To call Special Sessions of Congress

Judicial Powers1. Appoint Judges and Justices to the Supreme

Court

2. *Reprieves – delay carrying out of punishments in federal crimes

3. *Pardons – release from punishment in federal crimes by absolute or conditional

4. *Amnesty – blanket pardon given to groups of people

**These do not work in cases of impeachment or in state crimes

Economic PolicyFight inflationKeep taxes lowPromote economic

growthPrevent recessionCreate jobs

Chief AdvisorsSec of TreasuryDirector of OMBEx-officio Chair of

FEDJanet YellenFED is key to

interest rates and growth of economy

FED is independent regulatory agency

Members have staggered terms beyond the president’s term

FED can’t be fired for policy decisions

National Security

In a national emergency: planning, command, unity falls to National Security Council

Diplomacy and the military are used as instruments of foreign policy

Congress must appropriate and authorize funding for treaties and war

Party Leadership

Informal head of partyRarely have control on state and local politicians

Can’t control party members in Congress b/c of constituents

Legislative & Coalition BuilderSend messages to Congress on policy and

agendaVisit the Hill to “twist arms”Acts as politician

Conflict manager, negotiator, bargainer,reconciler, coalition builder, persuader

Relationship w/CongressAppointments which require Senate

confirmationFederal judges, SC justices, Ambassadors,

Dept. Secretaries, US Attorney

Negotiate treatiesBinding only w/agreements of 2/3 of SenateExec Agreement – b/t head of countries; are as

binding as treaties

BudgetingWay to control bureaucracyIncreases/decreases based on policyBudget requests must go through OMB from

all departments and agencies before going to Congress

OMB writes the budget submitted to Congress

Impoundment & RecissionsImpoundment

Refusal of president to spend funds appropriated by Congress.

Budget Reform Act of 1974 requires notification of Congress

Congress has 45 days to delete item or pass resolution demanding release

RecissionRecommendation of president to cut part of

appropriations bills

Prime Time PresidentPress conferencesSpeeches from Oval OfficeRadio messagesFirst 100 days is the

“honeymoon period”The longer they stay in office,

the less popular they become...interest groups grow impatient, unkept promises, blamed for problems left by previous president

President & the PressPress sees itself as

the protector of democracy

Filtering – Press interpretation of what is said and what it means

Spin Doctors – put twists on what was said and done

President can “leak” info to test reaction (trial balloons) to new policy

Presidential Style and Characterby James David Barber

Active-long hours, new direction, strong leadership, innovative policies

Passive-less time and energy, let Congress take control

Positive-enjoy the power, like the challenge of the office

Negative-sense of duty to serve, try to prove themselves

  Positive Negative

       

Active        

 

ADAPTIVE: self-confident; flexible; creates opportunities for action; enjoys the exercise of power, does not take himself too seriously; optimistic; emphasizes the "rational mastery" of his environment; power used as a means to achieve beneficial results.

Thomas Jefferson, F. D. Roosevelt,  H. Truman,  J. F. Kennedy,  G. Ford, G. W. Bush(?)

COMPULSIVE: power as a means to self-realization; expends great energy on tasks but derives little joy; preoccupied with whether he is failing or succeeding; low self-esteem; inclined to rigidity and pessimism; highly driven; problem managing aggression.  

John Adams, W. Wilson, H. Hoover,  A. Lincoln, L. B. Johnson, R. Nixon

   

Passive  

COMPLIANT: seek to be loved; easily manipulated; low self-esteem is overcome by ingratiating personality; reacts rather than initiates; superficially optimistic.

James Madison, W. H. Taft,  W. Harding,  R. Reagan,Bill Clinton

WITHDRAWN: responds to a sense of duty; avoid power; low self-esteem compensated by service to others; responds rather than initiates; avoids conflict and uncertainty. emphasizes principles and procedures and an aversion to politicking.

George Washington, C. Coolidge,  D. Eisenhower   

Management StyleCircular

Everyone with equal access to the president

PyramidHierarchy with information to president

coming from bottom up

An Imperial Presidency?ARGUMENT:

Individual actions taken by past presidents have enlarged the power of the presidency by expanding responsibility and political resources.

Proof?Emergency PowersGrowing staffGrowing bureaucracyIncrease in media

coverageExecutive

AgreementsImpoundment PowerPocket VetoExecutive Privilege

SSCG14 The student will explain the impeachment process and its usage for elected officials.•Explain the impeachment process as defined in the U.S. Constitution.•Describe the impeachment proceedings of Andrew Johnson and Bill Clinton.

Why Impeach?High Crimes and Misdemeanors

Malfeasance (an illegal act)Misfeasance (an illegal act which could have

otherwise been done legally)Standards: acts against state or constitution

The definition of an impeachable offense is left to the House

ImpeachmentPresidents can be removed for "high crimes and

misdemeanors"House Judiciary Committee investigates to

determine if there has been an offense (A majority vote is needed in committee to send charges to House)

Simple majority in full house impeaches the officialSenate holds trial to determine whether or not to

remove official from officeChief Justice of Supreme Court presides and a 2/3

vote of the Senate is needed

Andrew Johnson – May 1868Violating Tenure of Office Act

(putting in new Secretary of War)

Saved by a single vote in the Senate, remained in office

Bill Clinton – December 1998Perjury - Votes 55 to 45

Obstruction of Justice 50-50Acquitted and remained in

office

Presidential Appointments: Why choose? Reward for political helpClaims of inclusivenessFence mendingIdeology or philosophyComfort levelAbility and notoriety

gets legitimacy for your policyCoalition building w/interest groupsAdministration of presidential policy goals

Supreme Court Appointments

Appointments have become increasingly bitter fights over judicial temperament and philosophy

Major issues includeAbortion/choice/privacyAffirmative actionSeparation of church and stateStates rightsJudicial activism/restraint

Appointments to the court are…..

Reward for political helpStatements of policy prioritiesPromotion of philosophy and ideology

Relation builders with CongressLegacy creators

The current courtConservatives

Roberts, Kennedy, Thomas, Scalia, Alito

Liberals -Breyer, Ginsburg, Sotomayor, Kagan

Presidential FirstsFather and Son

John Adams and John Quincy Adams

George H.W. Bush and George W. Bush

Presidential FirstsYoungest

Elected – John F. Kennedy (43)

Served – Theodore Roosevelt (42)

OldestRonald Reagan (age

69 & 73)

Presidential Firsts

Shortest/Longest TermsWilliam H. Harrison

(1840; 1 month)Franklin Roosevelt

(1933-1944; 4 terms)

Presidential FirstsAssassinated in Office

Abraham Lincoln 1865James Garfield 1882William McKinley 1901John F. Kennedy 1963

“I do solemnly swear, that I will faithfully execute the office of President of the United

States, and will, to the best of my ability, preserve, protect, and defend the Constitution of

the United States”

SSCG15 The student will explain the functions of the departments and agencies of the federal bureaucracy.Compare and contrast the organization and responsibilities of independent regulatory agencies, government corporations, and executive agencies.Explain the functions of the Cabinet.

What is the Administration?

The Administration is the White House staff, Executive Departments, and Independent

Agencies that assist the President in carrying out his duties of enforcing the law.

What is the Administration?The White House Staff

Handles the day-to-day activities of the President through the White House Office

The Chief of Staff heads this office

The office coordinates the President’s schedule, writes his speeches, and conducts the business of the President, etc.

Includes the White House Counsel, Political Affairs Office, Presidential Advance team

Denis McDonough,

Chief of Staff for Obama

What is the Administration?The Executive Office of the President

Provides the President with expert analysts…

The National Security Council provides military advice

The Council of Economic Advisors provides economic advice

Office of Management and Budget provides budgetary advice and writes the President’s budget for the whole government

What is the Administration?The Executive Office of the President

Other offices include:Council on Environmental Quality

Domestic Policy Council

National Economic Council

Office of Administration

Office of Faith-Based and Community Initiatives

Office of Homeland Security

Office of National AIDS Policy

Office of National Drug Control Policy

Office of Science & Technology Policy

Office of the United States Trade Representative

President's Critical Infrastructure Protection Board

President's Foreign Intelligence Advisory Board

USA Freedom Corps

White House Military Office

What is the Administration?The Executive Office of the President

All in all, the EOP employs over 2,000 staffers that work for the President alone.

Some of the senior level advisors have offices in the West Wing.

Most, however, are housed in the Old Executive Office Building, next to the White House.

Executive Departments & AgenciesThe Executive Departments implement the policies of the President and enforce the laws

There are a total of 15 Executive Departments

The heads of the Departments are called Secretaries, except for the Justice Department which is headed by the Attorney General

The heads are known as the President’s Cabinet

The Bureaucracy is made up of non-elected officials that work for the government in these departments

Department of Homeland

Security

President Obama’s Cabinet (July 2012)

Regulatory Agencies

Regulates a sector of the economy or government

Regulations protect the public

EXAMPLES:

FRB (Federal Reserve Board - banks)FCC (Federal Communications Commission - broadcast media)OSHA (Occupational Safety & Health

Administrations - workplace)FDA (Food & Drug Administration - food producers & pharmaceuticals)

Government Corporations

Provide goods or services that could be offered by a private company

Typically provide the services at a cheaper rate than a private corporation could

EXAMPLES:

Tennessee Valley Authority (power/electricity)

Postal Service (mail services)

Amtrak (railroad transportation)

AP Government

Bureaucracy

Large, complex organization of appointed, not elected, officials

The bureaucracy was set up to accomplish policy goals

People are hired because of skills that they have to implement policy goals.

Max WeberDefined the prototype bureaucracy Characteristics:

Hierarchical authority structure – bottom up leadership

Task specialization – experts in fieldRules – similar procedures for similar

situationsMerit principles – entrance and promotion

based on abilityImpersonality – treat clients impartially

Bureaucracy: The Big JokeRED TAPE

Parkinson’s Law – work and personnel will expand to consume available resources

Peter Principle – personnel are promoted to their highest level of incompetence

Did you know?The bureaucracy began in 1789 with the

creation of the Dept. of State

Most federal employees work for only a few agencies

About 55% work for the Department of Defense and Postal Service

Only about 10% work in D.C.

2.8 million civilian employees

Characteristics of American Federal Bureaucracy

Divided SupervisionCongress creates, organizes and disbands all

agenciesPolitical authority is shared between Congress

& executive branch

Public ScrutinyAbout ½ cases in federal court involve gov’t

Regulation (not public ownership)Gov’t regulates privately owned businesses

instead of owning the businesses as a gov’t

Civil ServiceOriginally a patronage (spoils) system

Changed as a result of the actions of a disappointed office seeker who shot and killed Garfield in 1881 because he wouldn’t give him a job

Civil ServicePendleton Act in 1883 promotes hiring based

on merit and nonpartisan government service

Now use entrance exams for job placement and promotions

Civil ServiceHatch Act of 1939 prevents workers from

active participation in partisan politicsCan’t: run for office, be involved in

campaigns, make political speeches, disseminate political info

Can: vote, make campaign contributions, join parties, participate in non-partisan campaigns

Civil ServiceHatch Act amended in 1993

Civil servants can engage in political activities as long as they are off dutydo not run for office don’t work in sensitive government areas

AppointmentsAppointments are often characterized by

transience – few more than 2 yearsWhen a new administration takes office,

Congress publishes the plum book which lists the top federal jobs available for appointment. About 400 top positions.

President then searches based on talent, political skills, policy expertise, demographic balance and campaign support.

Four Types of Bureaucratic AgenciesCabinet

Regulatory Agencies

Government Corporations

Independent Agencies

Cabinet15 departments

Secretary is the head of department

Chosen by president and approved by Senate

Each has their own policy areas and budgets

Can be fired at president’s will

Secretary, Undersecretary, bureaus, agency commissions

Regulatory AgenciesRegulates a sector of the economy to

protect the public interest

QUASI – LEGISLATIVE because it makes rules

QUASI – JUDICIAL because it settles claims

FRB, FCC, FTC, OSHA, FDA, SEC

Regulatory Agencies

Governed by a small commission members are appointed by the president confirmed by the Senate staggered termsfixed terms that extend past President’s termneither party may have a majority on a board

or commission

Government CorporationsProvide services for a fee that could be

handled by the private sector and generally charge cheaper rates

TVA, Postal Service, Amtrak, Public Broadcasting Corporation

Independent AgenciesExist outside the structure of the Cabinet

departments and perform services for the government and the public that are often too costly for the private sector

Appointed by President and serve at his will

NASA, NSF (National Science Foundation), GSA (General Services Administration), FEC (Federal Election Commission), Civil Rights Commission

What role do bureaucrats play?

Communicate with each otherMaintain paper for accountabilityInterpret the lawImplement the objectives of the organization

Bureaucracy as Implementors

Implementation is the policymaking stage between the establishment of a policy and the consequences of the policy.

ImplementationIncludes three elements:

Creation of a new agency or assignment of responsibility to an old one

Translation of policy into operational rulesCoordination of resources and personnel to

achieve the intended goals

Regulation through bureaucracyRegulation is the use of governmental

authority to control or change some practice in the private sector.

Agencies must apply and enforce rules and guidelines Can be done either in court or by administrative

procedures which use either inspectors, complaints, or licensing to monitor behavior.

Regulation

All regulation contains:A grant of power from Congress

A set of rules and guidelines

Some means of enforcing compliance

Executive Control on the Bureaucracy

President tries to control by:Appointing the right people to headTinkering with agency budgetIssuing executive ordersReorganizing an agency w/Congress

Congressional Control over the Bureaucracy

Congress tries to control by:Influencing the appointment of dept head

(Senate confirmation)Tinkering with budgetHolding oversight hearingsRewriting more detailed legislationEstablishing new agencies or departments