Constitutional Origins: The Presidency on Paper

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Constitutional Origins The Presidency on Paper

• Session 4

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Removal

• Abuse of power or disability
• Impeachment
• A traditional practice from the British system
  a way to make the monarchy accountable to
  Parliament
• Committee of Detail clarified malpractice or
  neglect of duty, by changing it to treason,
  bribery, or corruption, then changed corruption
  to high crimes and misdemeanors.

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• Disability
• Not given the attention that impeachment was
  given
• Disability was never defined
• The parties who were to evaluate the disability
  were never defined
• Inability was substituted for disability
• The vice president was named as the successor

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Institutional Separation from Congress

• Enlightenment political philosophers John Locke
  and Baron de Montesquieu separation of powers
• Institutions of American government have
  overlapping powers
• Two provisions to preserve separation
• Prohibited changes in executives salary
• Prohibited join appointments for executive and
  legislature

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• Salary
• Franklin proposed no salary
• Membership
• Prohibition on overlapping offices was to keep
  the executive from buying support from the
  legislature with jobs
• The counterargument was that the president needed
  this power
• Some leeway to allow the judiciary and executive
  to unite

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Enumerated Powers

• The first inclination was to provide a general
  grant of power to each institution but the nature
  of a general grant would make it subject to abuse
• Veto Power appealing after their experience
  with powerful legislatures and weak governors
• forms considered
• with a council of judges
• absolute
• characteristics only for the president, ten
  days to respond, Congress can override

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• Executive Power
• Vesting clauses source of power was the
  Constitution, not Congress
• herein granted was used for congressional
  powers, indicating that it was limited in a way
  the president was not transcended enumerated
  powers
• Commander in Chief
• language for Congress changed from make to
  declare giving the executive responsibility for
  quick action

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• Require the Opinion
• left over from the idea of a council
• Power to Pardon
• a kings power, it is the only unchecked power of
  the president
• for federal law and treason, not state laws
• Power to Make Treaties
• originally vested in the Senate

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• Appointment and Commissioning Power
• can fill vacancies while the Senate is in recess
• Treasury appointment moved from Congress to
  president
• patronage power
• Advisory Legislative Powers
• State of the Union
• he may was replaced by and

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• Powers to Convene and Adjourn Congress
• treaties or appointments
• Power to Receive Ambassadors
• creates an important foreign policy role for the
  president
• Take Care
• general grant of authority

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• Title
• Oath
• no religious element in the oath
• Qualifications

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The VEEP

• Selection
• President of the Senate
• Succession