The President

1

• The President

2
Constitutional Requirements

• Qualifications
• Art. II
• natural-born citizen
• 14 years of US residency
• 35 years of age
• THATS IT!!!

3
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

4
Qualifications of Presidency

• Informal qualifications
• Government experienceCongress, 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 beliefsmoderate
• Personal characteristics and background

5
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

6
Benefits of Presidency

• Most powerful man in the free world
• Salary 400,000 100,000 travel allowance
• Air Force Oneplanes, 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

7
Constitutional Powers

• Powers/duties are very limited
• executive power enact/enforce law
• Military Power
• Diplomatic Power
• Appointment Power
• Veto Power

8
Presidential Powers

• The Executive Power shall be vested in a
  President of the United States of America
• Too vague

9
Presidential traditions

• George Washington
• Mr. President
• 2 terms and stepping down
• Salary
• Franklin D. Roosevelt
• 22nd Amendment

10
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

11
Strong executives

• Thomas Jefferson
• LA Purchase inherit powers
• Abraham Lincoln
• Suspended the writ of habeas corpus raised an
  army
• Theodore Roosevelt
• presidents 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

12
Roles of the President

• Head of State
• Ceremonial dutiesliving 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 Amnestygroup pardon
• George Washington the Whiskey Rebellion
• Issues repreives and pardons
• Ford pardoned Nixon
• Clinton pardoned numerous individuals before
  leaving office
• Impoundmentrefusing 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

13
Roles of the President

• Chief Legislator
• State of the Union address
• Influencing Congress for support
• Political favors
• Power of veto
• Line item vetoruled 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

14
Veto Power

• Veto return the bill to house it originated
• (no action within 10 days bill becomes law)

15
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

Harriet Miers
John Bolton
John Roberts
16
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
• Nixons secret deal to N. Vietnam
• Congress makes it illegal in 1972

17
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

18
Roles of the President

• Commander in Chief
• Power to make war
• Korea, Vietnam, Gulf War, Panama (overthrow of
  dictator Manuel Noriega) War on
  TerrorAfghanistan Iraq
• Military operations and strategy
• Day to day operations
• Military backgrounds of Presidents
• Atomic capabilities
• Nagasaki and Hiroshima

19
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

20
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

21
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

22
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

23

• The presidents role as chief diplomat is derived
  from
• A. informal powers
• B. delegated powers
• C. concurrent powers
• D. reserved powers
• E. expressed powers

24

• 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

25

• The War Powers Resolution does which of the
  following?
• A. Gives the President the power to declare war
• B. Requires that Congress report to the
  President before it cuts military appropriations
• C. Requires that the president notify Congress
  within 48 hours of deploying troops
• D. 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

26
Role of the Vice President

• All qualifications of President apply
• Presides over Senatetie breaker
• 25th Amendmentwaiting for the President to die
  (14 VPs have become President in this fashion)
• Modern daydiplomatic responsibly, foreign
  policy, lawmakers, extension of President

27
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!!!!

28
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)

29
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

30
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

31
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

32
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

33
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

34
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

35
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

36
The Cabinet

• 15 major department heads advising prez
• Inner cabinet Secretary of State, treasury,
  attorney general, and defense

Robert Gates Secretary of Defense
Hillary Clinton Secretary of State
37
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

38
Mandate of the People

• Mass media, press conferences, leaking
  information
• Opinion polls
• Nixon90 of the public wanted to see an end to
  the war in Vietnam
• Reaganthe Great Communicator
• George W.90 approval rating after declaring a
  war on terror in 2001but dropped significantly
  as the war in Iraq continued and Katrina hit

39
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

40
Limits on Presidential Powers

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

41
Executive privilege

• The right to privacy of conversation between
  advisors and prez
• Why?
• Separation of powers prevents branches from
  sharing internal workings
• Privacy is needed for candid advice from advisors
  with out political pressure

42
Executive Privilege

• US v. Nixon
• Nixon refused to hand over recorded
  conversations, claiming Exec. Privilege
• Court ruled in favor of US
• EP cant be used to block the function of the
  federal court procedures

43
Impoundment

• Presidential practice of refusing to spend money
  appropriated by Congress.
• Budget Reform and Impoundment Act of 1974
  president must spend funds

44
The President as Morale Builder

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

45
Agenda Setting

• The President can control public policy and
  discussion through
• The media
• State of the Union speech
• Make policy proposals
• Encourage the Congress

46
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

47
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

48
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

49
Impeachment

• House impeaches, Senate tries the prez, Chief
  Justice presides over the trial
• Two presidents impeached, neither removed (Andrew
  Johnson, Bill Clinton)

50

• 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

51

• Which of the following best explains why cabinet
  secretaries might not aggressively pursue the
  presidents policy agenda?
• A. Cabinet secretaries are unlikely to be
  members of the presidents 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

52

• 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