Presidential Roles and Powers

Official Qualifications•Natural-born citizen•14 years U.S. residency•35 or older

•YOUNGEST ELECTED: JFK (43)•YOUNGEST TO SERVE: TR (42)

•OLDEST: REAGAN (69/73)

Term of Office• POTUS serves 4-year terms• Max # of terms: 2½ • Salary: $400,000/year (set by

Congress; cannot be changed during Presidential term) – 2001 increase first raise since 1969

• Annual Expense Account: $50,000 (non-taxable)

• Pension: $143,800/year plus post-POTUS perks: speaking fees , memoirs, corporate boards of directors

Salary History•1789: $25,000•1873: $50,000•1909: $75,000•1949: $100,000 + $50,000 EA •1969: $200,000 + $50,000 EA•2001: $400,000 + $50,000 EA•VP: $208,100 + $10,000 EA

Eschewing Presidency•Before the end of his/her term,

the POTUS can de-President through:

•Death•Resignation•Impeachment/Removal•Disability•In which case, Presidential

Succession comes into play

Presidential Succession1. VPOTUS (who then nominated a

successor for Congressional confirmation)

2. Speaker of the House3. President Pro Tem of Senate4. Secretary of State5. Secretary of Treasury6. Secretary of Defense7-19. the rest of the Cabinet secretaries

in order of the creation of their offices – Presidential Succession Act of 1947

Presidential Disability• Disability is when the POTUS

temporarily relinquishes his duties (usually due to illness)

• Takes effect in one of two ways (25th Amendment):

1. POTUS informs Congress in writing that he is “unable to discharge powers and duties of office” or

2. VPOTUS and Cabinet majority inform Congress in writing

Presidential Disability (cont.)• Disability period ends when

POTUS informs Congress in writing that disability no longer exists

• VPOTUS & Cabinet majority can challenge POTUS return to office, if they do…

• …then Congress has 21 days to decide whether POTUS will return

Presidential Succession• If POTUS leaves office for any

reason, the order in which individuals ascend to the Presidency is:

1. VPOTUS2. Speaker of the House3. President Pro Tem of U.S. Senate

4. Secretary of State5., etc: other Cabinet sec’ys

Presidential Roles•The President’s functions are subdivided into roles, all of which he/she performs simultaneously

Chief Executive• Powers:

•Implements/Enforces Laws, Treaties, Court Decisions

•Appoints officials to office and can fire them

•Issues executive orders (which have force of laws but do not need Congressional approval) to carry out laws (LBJ executive order #11246: required affirmative action programs for federal contractors)

• Assisted by: •Congress, Chief of Staff, Senior Staff

members

Chief Executive (cont.)• Checks:

•Congress passes laws and has “power of the purse”

•Senate can reject appointments and treaties

•Impeachment (by House) and removal (by Senate)

•Supreme Court can strike down executive orders

Chief Legislator

•Powers: •Proposes legislation•Vetoes legislation (but lacks line item veto – struck down by Supreme Court due to conflict with separation of powers)

•Message power•Calls special sessions of Congress

•Makes State of the Union Address to Congress

Chief Legislator•Assisted by:

•Congress, Chief of Staff, Senior Staff members

•Checks: •Suggested legislation will not pass without Congress

•Congress can override veto with 2/3 majority in each house

Commander in Chief• Power:

•Head of the armed forces (link with civilian supremacy)

• Assisted by:•JCS, Secretary of Defense, Pentagon

• Checks: •Congress appropriates funds for military

•Congress declares war•War Powers Act of 1973

Chief Diplomat•Powers:

•Sets overall foreign policy (confirmed by U.S. v. Curtiss-Wright, 1936)

•Appoints and receives ambassadors

•Negotiates treaties and executive agreements (have force of treaties but do not require Senate ratification)

•Gives diplomatic recognition to foreign governments

Chief Diplomat

•Assisted by:•State Department, National Security Council, Ambassadors, Office of Protocol

•Checks: •Congress appropriates funds for foreign affairs

•Senate can reject ambassadors and treaties

Head of State•Power:

•Ceremonial leader of nation – tosses out first pitch, bestows medal of honor, visits natural disaster sites

•Most nations separate Chief Executives and Chief of State roles

•Assisted by:•VPOTUS, First Family, White House staff (Protocol, Kitchens, etc.)

Chief Jurist• Power:

•Appoints federal judges•Issues pardons, amnesty, commutations, reprieves (to people convicted of federal crimes)

• Assisted by:•Justice Department, Congress

• Checks:•Senate can reject judicial appointments•Senate can place “holds” on appts.•Senate can filibuster confirmations

Chief Administrator•Power:

•CEO of federal bureaucracy•3M employees; $1.7T annual budget

•Assisted by:•OMB, Chief of Staff

•Checks:•Congress appropriates funds

Non-Constitutional Roles • Head of Political Party:

•Selects party’s national committee chairman

•Selects Vice Presidential nominee•Midterm election support•Primary fundraising force

• Chief Economist:•Responsible for overall economic health

•Appoints Fed chairman•Proposes federal budget