The President

Constitutional Requirements

Qualifications

• Art. II

• “natural-born citizen”

• 14 years of US residency

• 35 years of age

• THAT’S IT!!!

Qualifications of Presidency

• Formal qualifications: Article II, Section I of Constitution– At least 35 years old– Natural born US citizen– Resident of US for 14 years prior to taking

office

Qualifications of Presidency

• Informal qualifications: – Government experience—Congress,

Governor, VP, cabinet member, etc– Military experience– Money $$$$$$

• $33.78 million in primaries & $67.56 million in general election on average in modern elections

– Political beliefs—moderate– Personal characteristics and background

Duties of the President

• Appointing heads of executive departments, federal ct judges etc. (with Senate consent)

• Commander in chief– Manages a $400 billion defense budget

• Conducting foreign policy• Lawmaking abilities• State of the Union address

Benefits of Presidency

• Most powerful man in the free world• Salary $400,000 + $100,000 travel allowance• Air Force One—planes, trains and automobiles• Free medical, dental, health care etc• The White House = home!• Camp David = vacation• Lifetime retirement pension $148,400 per year +

free office space + free mailing service + $96,000 for office support + Presidential Library and other honors

Constitutional Powers

• Powers/duties are very limited

• “executive power” – enact/enforce law

1. Military Power

2. Diplomatic Power

3. Appointment Power

4. Veto Power

Presidential Powers

• “The Executive Power shall be vested in a President of the United States of America”

• Too vague…

Presidential traditions

• George Washington– Mr. President– 2 terms and stepping down– Salary

• Franklin D. Roosevelt– 22nd Amendment

Strengthening the Presidency

• Washington – set precedent for future

• Jackson – frequent use of veto power

• Lincoln – Commander and Chief to new levels of power during the Civil War

• FDR – huge influence on policy with New Deal, checked by Supreme Court

Strong executives

• Thomas Jefferson– LA Purchase= “inherit powers”

• Abraham Lincoln– Suspended the writ of habeas corpus & raised an army

• Theodore Roosevelt– “president’s right and duty to do anything that the needs of

the Nation demanded unless such action was forbidden by the Constitution or by the laws”

• Franklin D. Roosevelt – Social welfare programs

• Lyndon Johnson– Gulf of Tonkin incident & the blank check

• George W. Bush– Homeland security

Roles of the President• Head of State

– Ceremonial duties—living symbol of the nation• Chief Executive

– Ensures the laws of Congress are carried out– Right to appoint or remove federal officials– Appoints all federal judges and justices of the Supreme Court– Granting Amnesty—group pardon

• George Washington & the Whiskey Rebellion – Issues repreives and pardons

• Ford pardoned Nixon• Clinton pardoned numerous individuals before leaving office

– Impoundment—refusing to spend money that Congress has authorized• Jefferson refused to spend money on gunboats• Nixon refused to spend money on social programs

– Issues exectutive orders• Desegregation of armed forces under Truman

Roles of the President

• Chief Legislator– State of the Union address– Influencing Congress for support

• Political favors• Power of veto• Line item veto—ruled unconstitutional in Clinton v City of NY

• Economic Planner– Council of Economic Advisors

• Nixon control to freeze prices and wages• Prepares the federal budget

• Party Leader

Veto Power

• Veto – return the bill to house it originated

(no action within 10 days – bill becomes law)

Appointment Power

• Power to appoint ambassadors, public officers, and Supreme Court Judges with Senate approval (advice and consent)

• Civil Service – most gov jobs under executive filled based on merit system

John Roberts Harriet Miers John Bolton

Roles of the President

• Chief Diplomat– Directs foreign policy– Directs CIA, State Department, Defense Department

& NSC– Power to make treaties (w/ Senate approval)– Recognition of foreign governments

• Wilson refused to recognize the leader of Mexico• Kennedy refused to recognize the leader of Cuba

– Power to make Executive Agreements• FDR and G. Britain in WWII• Nixon’s secret deal to N. Vietnam• Congress makes it illegal in 1972

Diplomatic Power

• Create treaties with foreign nations with Senate permission, 2/3 Senate approval (advice and consent)

• Executive agreement – not permission needed, deal between heads of state, not binding to next administration

• Diplomatic Recognition – power to officially recognize foreign gov as legit– Ex. 1917-1933 – USSR not recognized– Ex. 1949-1970s – China not recognized

Roles of the President

• Commander in Chief– Power to make war

• Korea, Vietnam, Gulf War, Panama (overthrow of dictator Manuel Noriega) War on Terror—Afghanistan & Iraq

– Military operations and strategy• Day to day operations• Military backgrounds of Presidents• Atomic capabilities

– Nagasaki and Hiroshima

Military Power

• Commander in Chief (civilian control)• Prez can send armed forces abroad

– Congress has not declared war since 12/8/1941– Korea, Vietnam, Iraq? – all Constitutional

• War Powers Resolution, 1973– Prez must report to Congress within 48 hours after

deployment– If Congress does not OK in 60 days, must withdraw– Check on president, attempt to limit president

Order of Succession…

• Succession Act of 1947 established order of succession based on creation of cabinet positions– VP; Speaker of the House; President Pro Tempore;

Sec. of State; Sec of Treasury; Sec of Defense….

• First applied in 1973 (Nixon administration)– Spiro Agnew resigned– Gerald Ford becomes newly appointed VP– Richard Nixon resigned– Gerald Ford becomes Pres– Nelson Rockefeller becomes newly appointed VP

Presidential disabilities

• James Garfield• Woodrow Wilson• Dwight D. Eisenhower• Ronald Reagan• 25th amendment

– President informs Congress of disability or– VP & majority of cabinet informs Congress of

disability• Congress has 21 days to settle disputes in favor of Pres or

VP by 2/3 vote

Presidential Disability and Succession

• 22nd Amendment – limited President to 2 terms, serving no more than 10 years

• 25th Amendment – If the VP office is vacated, then the President can select a new VP

• The president’s role as chief diplomat is derived from

A. informal powers

B. delegated powers

C. concurrent powers

D. reserved powers

E. expressed powers

• The constitutional powers of the president include all of the following EXCEPT

A. acting as head of the military

B. vetoing legislation

C. declaring war

D. granting pardons

E. appointing ambassadors

• The War Powers Resolution does which of the following?

A. Gives the President the power to declare warB. Requires that Congress report to the President

before it cuts military appropriationsC. Requires that the president notify Congress

within 48 hours of deploying troopsD. Allows the National Security Council to conduct

military operations if the president is incapacitated

E. Shifts military command responsibility from the president to the Joint Chiefs of Staff

Role of the Vice President

• All qualifications of President apply• Presides over Senate—tie breaker• 25th Amendment—waiting for the

President to die (14 VP’s have become President in this fashion)

• Modern day—diplomatic responsibly, foreign policy, lawmakers, extension of President

Vice President

• Preside over the Senate, tie breaking vote

• Takes over the presidency if the President cannot finish term

• 12th Amendment – voters choose President and VP together– Previous to 1804, the losing candidate

became VP– WHAT A DISASTER!!!!

Electing the President

• Electoral college– Popular vote is actually a vote for either the Democrat

or Republican electors of each state– 538 Electors determine the President– State electors = # of HOR + Senators in Congress

• Wyoming = fewest electoral votes (3)• California = largest electoral votes (55)

– Candidates must win 270 electoral votes to win– Maine & Nebraska are exceptions (split the electoral

vote)

The role of third party candidates

• Third parties could win enough votes to prevent a majority for either party

• Third party candidates then bargain to release votes to one side or the other

• In the event the House of Rep. has to decide, each state casts 1 vote, the candidate with 26 votes wins– Problems with HOR vote

• Equal representation• States in disagreement lose their vote• States with strong third party favorites lose vote

The Inauguration

• Shift of power– President and President elect ride together to

the inauguration or “swearing in” ceremony– President elect takes the oath of office– Current President delivers a speech and

ceremonies begin

The Cabinet

• 15 major executive departments– Secretary of State, Sec. of Treasury etc…

• Vice President• Top officials• All cabinet members must be approved by the

Senate– Typically has the background, education and

qualifications for the job, race, and gender also play a role– Salary: $161,200

Role of the Cabinet

• Depends on the President

• “kitchen cabinet” & “brain trust”

• Aides & spouses

• “inner cabinet”

• Party loyalty, special interest groups, etc

• Secrecy and trust

The Executive Office

• Executive office agencies– Attorneys, scientists, educators, financial

advisors, etc– 1,500 full time employees– Enlarges each administration

• Ex: Reagan Office of national drug control policy• Largest EOP = Office of management & budget

Executive Office of the President

• National Security Council – advises on military and foreign policy

• Office of Management and Budget – prepares national budget, largest office

• National Economic Council – advises with economic planning

White House Staff

• President appoints w/o Senate approval

• Chief of Staff

• Press Secretary– G. Washington = 0– F.D.R. = 50– Nixon = 600– Clinton = 380

The Cabinet

• 15 major department heads advising prez

• “Inner cabinet” – Secretary of State, treasury, attorney general, and defense

Hillary Clinton – Secretary of State Robert Gates – Secretary of Defense

White House Office

• “Pyramid” model – assistants answer to a hierarchy up to a chief of staff (few top advisors to prez, prez free but isolated)

• “Circular” model – direct contact with staff (many top advisors to prez, prez busy but connected)

• Significance: determines what aids have the most influence on presidential decisions

Mandate of the People

• Mass media, press conferences, leaking information

• Opinion polls– Nixon—90% of the public wanted to see an

end to the war in Vietnam– Reagan—the “Great Communicator”– George W.—90% approval rating after

“declaring a war on terror” in 2001…but dropped significantly as the war in Iraq continued and Katrina hit

Limits on Presidential Powers

• Congressional override 2/3 vote to override a Presidential veto

• Senate confirmation of appointees

• Congressional power to Impeach– Andrew Johnson; Richard Nixon; Bill Clinton

Limits on Presidential Powers

• Supreme Court has authority to limit the President (Executive Branch)– Marbury v Madison– Youngstown Sheet and Tube Co. v Sawyer

Executive privilege

• The right to privacy of conversation between advisors and prez

Why?

1. Separation of powers prevents branches from sharing internal workings

2. Privacy is needed for candid advice from advisors with out political pressure

Executive Privilege

US v. Nixon

- Nixon refused to hand over recorded conversations, claiming Exec. Privilege

- Court ruled in favor of US- EP can’t be used to block the

function of the federal court procedures

Impoundment

• Presidential practice of refusing to spend money appropriated by Congress.

• Budget Reform and Impoundment Act of 1974 – president must spend funds

The President as Morale Builder

• Symbolic importance (FDR – Great Depression, Bush – 9/11)

• Unify nation

Agenda Setting

The President can control public policy and discussion through…

• The media

• State of the Union speech

• Make policy proposals

• Encourage the Congress

Executive Orders

• Prez issues executive orders that have force of law

• Ex – power to enforce the Constitution, treaties, laws, etc.– FDR – allowed Japanese internment– Truman – integrate military– Eisenhower – desegregate public schools

Line-Item Veto???

• Should the President be able to veto certain parts of a bill, and not other parts?

• Line-Item Veto Act 1996

• Clinton v. City of New York (1997) – law found unconstitutional

Gridlock

• Divided government – Prez and Congress majority represent different political parties

• “gridlock” – the inability to accomplish goals– Con – government operation shuts down– Pro – slows the decision making process,

example of check and balance

Impeachment

• House impeaches, Senate tries the prez, Chief Justice presides over the trial

• Two presidents impeached, neither removed (Andrew Johnson, Bill Clinton)

• The primary function of the White House Staff is to

A. initiate policy

B. advise the president

C. represents the bureaucratic agencies

D. provide information to the Office of Management and Budget

E. act as liaison with members of Congress

• Which of the following best explains why cabinet secretaries might not aggressively pursue the president’s policy agenda?

• A. Cabinet secretaries are unlikely to be members of the president’s party

• B. Cabinet secretaries may develop strong loyalty to their departments

• C. Cabinet secretaries are likely to compete with the president in a subsequent election

• D. Under the Hatch Act, cabinet secretaries are prohibited from campaigning on behalf of the president

• E. The Freedom of Information Act compels cabinet secretaries to divulge confidential information to the media

• When none of the presidential candidates receives a majority of the votes in the Electoral College, the winner is chosen by the

• A. Federal elections commission• B. Supreme Court• C. House of Representatives only• D. Senate only• E. majority of the House and Senate combined