The Presidency & Supreme Court

Survey of Chapters 13, 14, &18

Chapter 13, Section I & II

The Job, Succession, & the Vice President

Roles

CONSTITUTIONAL Roles› Chief of State

Reigns & Rules Symbol of American People

› Chief Executive Power over domestic & foreign branch System of Checks & Balance

› Chief Administration Head of Executive branch

…Continued

› Chief Diplomat Architect of foreign policy Watched internationally

› Commander in Chief Dominant in military field Armed forces and arsenal at his disposal

› Chief Legislator Initiates legislative actions Public policy maker Works/clashes with Congress

…Continued

OTHER Roles› Chief of Party

Leader of political party in executive branch

› Chief Citizen Representation of all

the people Works for public’s

interest

Formal Qualifications

“Natural born citizen…of the United States”

35 years of age› Youngest- Kennedy› Oldest- Reagan

14 years a resident

Terms

4 year term Washington set 2 term precedent FDR- Won 4 terms, Served 3 full Until 1951no limit on number of terms

› 22nd Amendment› Called undemocratic

No more than 10 years served

Pay & Benefits

Congress determines 400,000 annual

pay/50,000 in expenses White House residence Staff & transportation Camp David access Health care, travel, &

entertainment benefits

Presidential Succession

Presidential Succession Presidential Succession Act of 1947

› Est. line› VP, Speaker, Pro Tem, then heads of 14

Executive Dept. 25th Amendment outlines line of succession Disability

› Pres. informs Congress in writing› VP & Majority of Cabinet agree› Pres. may resume power

Vice President

“I am Vice President. In this I am nothing, but I may be everything.”› John Adams

Presides of Senate Help decide on Presidential disability “a heartbeat away” 8 presidents have died in office Vacancy

› Empty 18 times› 9 succession to president, 2 resignations, & 7 died

Low status played on party politics› VP often picked to “balance the ticket”

Vice President Today

Chaney see as the reinventor of the office› Highly influential

VP not subject to presidential firing

Chapter 13, Section III & IV

Presidential Selection & Nominations

Original Provisions

Early favoritism of Congressional choice

Popular vote very unpopular Final Choice

› Presidential Electors, Electoral College Cast electoral votes 2 votes, 2 different candidates Most votes wins president, 2nd VP Elector of the enlightened and educated

Rise of Parties

Framer’s election college worked until Washington did not run for a 3rd term

1796 election showed problems› President Adams (Federalist)› VP Jefferson (Dem.-Rep.)

…Continued

Election of 1800› Electors promised to vote accordingly› Presidential tie› Jefferson popular favorite › 36 House votes to pick Jefferson

› 12th Amendment 1804 Separate vote President & VP Election

Primaries

Choose some/all State’s party delegation

Express preference of various candidates

New Hampshire; leads the Nation Many held in early Feb. Used to build candidate popularity Democrats ever changing primary

requirements

National Convention

Delegates pick President of VP candidate

Goals› Name candidate› Bringing together party factions› Adopting party platform

Keynote address, speeches, celebrity appearance, & balloons

Nominations

If president runs for second term the pick is easy

Things that are taken into account› Public office record› Past controversies› Election history (Governor, Senator)› Religion (Protestant)› State size› Appearance & Family life› Speaking/Tech. ability› Gender, Race/Ethnicity

Chapter 13, Section V

The Election

The Electoral College Today

Voters don’t directly vote for the President› Vote for electors

Once meant to make own decision Now they are just “rubber stamps”

› Vote for party’s candidates Electors picked “at-large”

› Winner-take-all› Electors’ names rarely appear on the

ballots

The Process

Electors meet in their State’s capital› Hold voting in December› Vote for the President and Vice President

separate› Ballots sent to Washington

Winner of election known in November January 6, President of the Senate counts

votes before a joint Congress Candidate must receive 270 of 538 votes

› Ties sent to the House› Occurred in 1800 and 1824

Flaws

First Flaw› Popular vote winner may not win the

Presidency› Winner-take-all electoral voting› Misrepresentation of voters

Second Flaw› No law requiring electors to vote with

popular majority› “Broken pledge”

Proposed Changes

District Plan› Similar to Congressional members

Proportionate plan› Electoral vote based off population percentages

Direct Popular Vote› Support in 2006, Direct Popular Vote Plan› Constitution would remain intact› Changes would be made at the State level› Electorate, those eligible to vote, would have

more control

Defending the Electoral College

Works Well› Few issues in the history of the EC

Popular winner usually wins EC votes Known process

› Reform ideas unknown and untested Presidential winner usually known

quickly

Survey of Chapter 14The President in Action

Background

Article II- Executive Article› Command armed forces, make treaties,

veto powers, etc.› Loosely worded Article › Definition & question of “executive power”› Growth of power due to the use of mass

media Radio, television, internet

Executing the Law

Outlined in the “Oath of Office”“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”

Executive Order› Directive, rule, or regulation that is in

effect law

Appointment Powers

Presidential appointments must meet Senate approval

Appointees› Ambassadors and Diplomats› Cabinet members & top aides› Heads of certain agencies› Federal judges, marshals, and attorneys› Officers of the armed forces

Power to remove appointments› Has been previously challenged in the Courts

Diplomatic & Military Roles

Makes treaties with foreign countries› Treaty: formal agreement between two or

more nations› Treaties must be approved by the Senate

Executive Agreement› Pact between the Heads of State of 2

countries› No Senate approval required

Recognition of foreign countries or leaders

…Continued

Commander in Chief› Making undeclared war

Barbary pirate conflicts Korean & Vietnam wars

› Congressional Resolution Congress allows forces to be used in certain

crisis

…Continued

› War Powers Resolution Within 48 hours of forces commitment the

Pres. must appear before Congress Commitment of forces lasts for 60 days

unless extended Congress may end military commitment

› Other Commander Examples Overthrowing dictators Ending military coups Prevent mass killings/genocide

Legislative Powers

Recommending Legislation› Spreads from platform› Ripples from State of the Union Address

Bill Powers› Sign the Bill› Veto the Bill› No action for 10 days allows the bill to

become law› Pocket veto

…Continued

Line-Item Veto› Target wasted spending in a bill› Keeps the President involved in monetary

aspects while keeping the bill’s idea

Call Special Sessions of Congress

Judicial Powers

Below examples may be used except in cases of impeachment

Reprieve› Postponement of the execution of a sentence› Must be accepted

Pardon› Legal forgiveness of a crime

Other Examples› Commutation

Reduction of the length of a sentence or a fine› Amnesty

Blanket pardon of a large group

Chapter 18, Section IIIThe Supreme Court

Concepts

The Supreme Court is the only court created by the Constitution› Article III, Section I

Court of last resort on questions of federal law

The Justices› 9 Supreme Court Justices› 1 Chief Justice, 8 Associate Justices› Appointed for life

Resignation, retirement, death, or impeachment› No true formal qualifications

Judicial Review

Federal & State courts may exercise this right

Decide constitutionality of a government action

Ultimate power lies with the SC› Final authority

Judicial Review not outlined in the Constitution› Intentional concept

Jurisdiction

Exclusive Jurisdiction› Power of the federal courts alone to hear certain

cases Concurrent Jurisdiction

› Power shared by federal and State courts to hear certain cases

Original Jurisdiction› The power of a court to hear a case first, before any

other court Appellate Jurisdiction

› The authority of a court to review decisions of inferior courts

…Continued

Operations› Oral Arguments

Select times and dates for presentations Lawyers make oral arguments before the

justices 30 minute limits

› Briefs Written documentation Support a single side of an oral argument

Relevant facts Cite previous cases

…Continued

› Briefs Continued Brief of Support may appear from groups

with an interest in a case Court grants permission “Lobbying” Most court cases are controversial

› Solicitor General Chief lawyer of the United States Represents the U.S. in court cases Asks the SC for a position of the U.S.

government

…Continued

Conference› Closed meetings for discussion› Chief Justice presides

Speaks first and states his opinion› Debate and final vote on the case

1/3 of decisions are unanimous Most are divided decisions

Opinions› Majority Opinion

Announces court’s decision Used in future court cases as precedent Concurring opinion follows/attached

› Dissenting Opinion Written by justice who does not agree with the decision