2 Constitutional Requirements “natural-born citizen”35 years of ageHas lived in the U.S. for 14 yearsBonus Question #1: Who was the youngest president to be ELECTED to office?John F. Kennedy (43 years-old)Bonus Question #2: Who was the oldest president to be elected to office?Ronald Reagan (69, reelected at 73)
3 Term of Office Four years Maximum of two elected terms (if VP serves less than half of President’s term can be elected twice, If VP serves more than half can only be elected once)LBJ- succeeded JFK in could have been elected twiceFord- succeeded Nixon in eligible to be elected only once.Washington set precedent of only 2 terms but no official until 22nd amendment- due to FDRVP takes over if impeachment, death, resignation, disabled, removal- 25th AmendmentPresidential Act of set up the way the succession line- Speaker, Senate President Pro tem, Sec of State, Sec of Treasury, Sec of Defense…then the other Cabinet secretaries in order of creation.
4 George Washington and John F. Kennedy SalaryFun Fact:The President’s salary is determined by Congress and CANNOT be changed during the same term.$400,000Bonus Question #3: Who were the only two presidents to refuse their presidential salary?George Washington and John F. Kennedy
5 Presidential Perks!SalaryTravel and expense accountsWhite House ResidencyStaff of nearly 100!Camp David vacation estateThe best doctors, dentists, & other health care providersJets, helicopters, Air Force OneRetirement package (salary and Secret Service protection for life)Speaking Fees- Clinton charges up to $300,000 per speechMemoirs- Clinton received $12 million advanceCan serve on Corporate Board of Directors- Gerald FordTaft- Chief Justice of Supreme Court after Presidency
6 President’s Roles and checks- according to Constitution 1. Chief legislator- powers- proposes legislation, vetoes legislation, calls special sessions of Congress, Makes State of the Union Address to Congress- checks = congress need not pass legislation and can override veto 2/3 majority in both houses2. Chief Executive- powers= enforces laws, treaties, court decisions, appoints officials to office (and fires), issues executive orders- do not need congressional approvalchecks= Congress passes laws, power of the purse, Senate can reject treaties/appointments, House impeaches, Senate removes, Supreme Court can strike down Executive orders
7 3. Commander in Chief- power head of the armed forces (a civilian in charge)- checks= Congress appropriates military funding, Congress declares war, War Powers Act of 1973 (cannot wage war over 60 days without Congressional approval)4. Chief diplomat- sets overall foreign policy, appoints and receives ambassadors, negotiates treaties and executive agreements (agreements between heads of states- nuclear warheads, economic help), give diplomatic recognition to foreign governmentschecks= Congress appropriates funds for foreign affairs, Senate can reject ambassadors and treaties5. Chief of State- the ceremonial head of our nation- tosses out the first ball of the baseball season, bestows medal of honor, visits areas struck by natural disaster.
8 6. Chief Jurist- powers- appoints federal judges, issues pardons and amnesty. Checks= senate can reject judicial appointments, senators can place holds on appointments
9 Non-constitutional roles A. Head of Political Party- selects the party’s chairman of the national committee and VP nominee, political patronageB. Chief Economist- responsible for overall health of economy, proposes federal budget (though Congress can alter it)Analyze this: “The greatest source of presidential power is not to be found in the Constitution, but in politics and public opinion.”
10 Unwritten Traditions All have been white (Obama is ½ white) All have been ChristianMost have been from well-to-do familiesMost are highly educatedMost have military experienceMost have been marriedBonus Question #4: Who was the only Catholic president?John F. KennedyBonus Question #5: Who is the only president since 1900 to never attend college?Harry S. Truman
11 Test Your Knowledge! How many presidents have been Army Generals? 10 How many presidents total have we had throughout history?44Who is the first president to have been divorced?ReaganHow many presidents were assassinated in office?4 (Lincoln, Garfield, McKinley, Kennedy)
13 The Evolution of the Presidency Constitutional Convention- how do we choose a leaderMonarch- president for life (Alexander Hamilton)Plural Executive (voted in by all people)Compromise- single, elected President with fixed term in office
14 Concerns Fear of a strong President- would become a monarchy No term limits (how long can one serve)- fixed with 22nd amendment (Washington set precedent two terms)Weak President (fear of being a tool of Senate- b/c of ratification and confirmation powers
15 How do we elect a President? First ideasCongress elects president- but too much congressional dominanceDirect election- too much weight on large states, vote on passions, illiteracy was common and communication poorCompromise – electoral College (activity)People would have some input, both small and large state influence election, House can elect
16 The First Presidents Washington 1789 -1797 Adams 1797 - 1801 Jefferson MadisonMonroe
17 Washington - MonroeModest Presidency- assumed Congress would take the leading role in new gov’tAll Active in Independence movementAll but Adams served two termsAll but Adams- VirginiansDevelopment of Political Parties (Washington warned)Only well respected men received appointments
18 Growth of the presidency 1829-1837 What president would expand the power of the Presidency?Andrew JacksonUse of Spoils SystemVetoed 12 Acts of Congress- most up to that pointIgnored Supreme Court- removal of Cherokee (evoked eminent domain)
19 Re-emergence of Congress 1837-1932 Congress re-established controlOf next eight Presidents after Jackson none served more than one termLincoln, Teddy Roosevelt, Woodrow Wilson- only powerful presidentsDuring this time Presidency was seen as negative force = Cleveland’s 414 vetoesUp until 1930’s = Strong personalities and crisis is what made president the central figure of government
20 Modern Day Presidency FDR- creates powerful presidency Foreign policies after WW 2- leads to increaseCold War- Truman, JFK, LBJ, Nixon70’s after Nixon- Congress had some re-emergence of power80’s- Reagan restores power and prestige90’s- Bush-Clinton-economic bubbles, emergence in foreign policy, domestic policy changes2000’s- W. Bush, Jr- Global War on terrorism, broader control of foreign policy, economic crisis
23 The White House Office Staff In the pastUp until no personal secretaryLincoln often answered his own mailCleveland answered the White House phone1901- Finally given Secret Service after McKinley assassinatedNow more than 500 people work in the White house Staff
24 The Executive Office of the President White House Office/Staff- West wing of White house (immediate)- where the power is wieldedAlways jockeying for influence- the closer to Oval office the betterPresident organizes his staff1. Circular (FDR, Carter)- Prez is the hub and assistants are the spokes2. Pyramid (Ike, Nixon, Reagan)- assistants report to Chief of Staff who then reports to PrezReview organizational method in reading
25 Appointments to White House staff do not require Senate consent (example Chief of Staff) Have a better degree of executive privilege protectionPresidents seek people who will be loyal- fewer divided loyalties as compared to Cabinet positions
26 Other Offices of Executive OMB- prepares the annual budget and reviews federal programsNSC- coordinates foreign/military policyCEA- council of economic advisers (3 people)
27 The CabinetHeads of the Cabinet Depts and 6 others (OMB director, CIA director, White House Counselor, UN Ambassador, US Trade Rep, Director of Homeland Security)Appointed with Senate ConsentMeet only at call of President (do not meet regularly)Members of Congress cannot also be part of Cabinet (unconstitutional)
28 Divided Loyalties to President Most are interested in enlarging or defending their cabinetWho are they really loyal to?President (who gives them their job)Congress who funds their departmentClient Groups- who depend on the departmentTo their employees in that departmentCabinet goals- make it larger more important but must fight for fundingPresident can only fire appointees but has little control of civil service employees- so has limited influence on Cabinet
30 Who gets in?The President has to fill many appointments but those appointed is small >10%President depends on staff recommendationsEven though President is not too sure how well they will hold up in the appointment process.
31 So who are they?Tend to come from private industry, universities, law firms, think tanks, Congress, state/local gov’tsMost have some federal experienceSome alternate between jobs in the public sector and private sector (revolving door)- “in and outers”What about the VP?
32 The Vice PresidencyConstitutional role: Pres. of Senate and Become president or acting President if office of Prez is vacantHelps to gain votes in an election (George H.W. Bush choosing Dan Quayle from Indiana)Little responsibility (given by President)More recently, have taken an active role (“only a heartbeat away” from presidency)Stepping stone to Presidency
33 25th Amendment (1967)Established procedures for dealing w/ pres. disability and filling V.P.
34 What else does the VP really do? VP is often selected to “Balance the ticket”Attend funerals of foreign leadersMost have taken an active role in Foreign policyWords of other“the vice presidency isn’t worth a pitcher of warm spit”“the most insignificant office ever conceived”- John Adams“I do not choose to be buried until I am really dead”- Daniel Webster after refusing to be VP in 1848What role will they play now???
36 Growth of Presidential Power Where does president get his power?Article II Section 2Other Non-Constitutional Roles
37 1. Unity of the Office- one man as opposed to 535 member Congress 2. Presidential Character and personality: strong leadership can have great impact.
38 3. Growing complexity of Society: with a highly industrial and technological society, people have demanded that the FED gov’t play a larger role in areas of public concern: ex. Pollution, labor issues, air travel safety, the economy- thus the Executive Branch has grown to meet those public demands
39 4. Congressional delegation of authority to Executive Branch: Congress often writes broadly worded legislation- executive branch “fills in the holes”Congress bows to presidential demands in time of economic or foreign crisisPresident can proclaim necessary mandates after a large electoral victory (Reagan’s tax cuts after 1980 election)
40 5. The Electronic Throne – “bully pulpit”- the use of the media casts the President into the public eye – special addresses, photo ops, sound bites, Saturday morning radio chats
41 6. US a great superpower- since development of Cold War- US was placed into a virtual non-stop crisis situation- only President can deal with various foreign crisis.
42 3 rules of thumb to maximize presidential power and effectiveness A. Presidents need to get things done early in their terms when their popularity is high- since it declines over time “Move it or lose it”B. “Avoid details”- don’t try too much. Concentrate on a few top priorities- (Reagan’s Tax cuts, higher defense spending)C. “Cabinets don’t get much done, people do”- place more trust on getting things done with White House staff than Cabinet secretaries (divided loyalties)
43 Making Presidency Safe and Effective What do we already know about the power of the office of the Prez?Powers of the Prez are not as clearly defined as in Congress- Congress grants broadly worded powersIn times of emergency- power growsIn normal times has many checks and balances- yet we expect Prez to do so muchPresident has much power- and to what limit
44 Checks that weaken prez Constitutional – Congress, CourtsHow else do they check?1. Congressional leaders2. Cabinet members3. Bureaucrats4. Political Parties5. Interest Groups6. Media- “gotcha journalism”
45 7. Appointment of special prosecutor- though still can be fired by President 8. Use of impeachment9. Senators “holds” and filibusters of pres. nominations10. Divided gov’t11. More of a global society (must act in accordance to allies)
46 Can we strengthen Presidents powers? Will we allow it?1. 6 year terms- w/no re-elections2. 2 or 3 presidents3. Give president power to dissolve Congress and call for new elections4. Allow members of Congress to take positions in Executive Branch5. No more split tickets- unified party tickets (President, Senator. Congressman)
48 Congress vs. President What we know: 1. Congress supposed to be dominant force in gov’t2. Recently President more dominant3. Checks and Balances- supposed to be a conflict4. Members of Congress more interested in state and local, President represents more national interests- example- Yucca Mt. (NV members of Congress oppose- President supports
50 Where are there some other conflicts? Different times of election (at one point could be united party and in 2 years divided gov’t) (Clinton 1992 Dems- and 1994 RepPresident’s office is united while Congress has 535 members that can be dividedCongress more cooperative in foreign policy and national security issues than domestic and economic issues (ex. Bailout plan)
51 So how does President get Congress to work for him? Use of Media- electronic throne- pleads case directly to peopleMandate of people- especially after a large electoral winPatronage- asks for help from members of Congress – in turns helps them (cooperative favors- uncooperative- punishment)Chief of party- act in interest of party unityVeto- threat carries weight- 93% of vetoes are never overriddenNational emergency- most power for presidentPresident is considered that “great engine of democracy”- but lately President seen as too imperial-
52 The Imperial Presidency 1973- Arthur Schlesinger’s The imperial Presidency- president’s power has grown too excessive (imperial like)How is this possible?Congress has given the executive strong powers..esp in foreign policy
53 Areas of Abuse War Powers Only Congress can declare war vs. President’s power as Commander in ChiefPresident has sent in troops without declaration of war over 125 times since 1945 –communism-(Vietnam, panama, Grenada, Somalia)Congress often funds these but if public opinion turns then it responds (Vietnam)Congress does this to allow official declarations because then it would have to give more power to president- and they might not want to do that
54 Response by Congress War Powers act of 1973 President can send troops overseas to an area where hostilities are imminent without a congressional war declaration only under these circumstances.Rules-Must notify Congress within 48 hoursMust withdraw the troops after 60 days (can be extended extra 30 days if safety of the troops requires it)Must consult w/Congress if troops are to engage in combatCongress can pass a resolution, not subject to presidential veto- to withdraw troopsTies the hands of the President-too inflexibleUsurps power of the President as commander in chiefEnemies just wait for days for troop withdrawalPresident has complained about it but no lawsuit to check unconstituionality (political hot potato)
55 Emergency crisis- President assumes great powers- can suspend habeas corpus, censor mail, control manufacturing, control communication and transportation, martial law
56 Response by Congress National Emergencies Act of 1976 President must inform Congress in advance of powers to be used in emergenciesState of emergency end automatically after 6 monthsPresident can declare another 6 months but subject to cong. review
57 Executive agreements- deals with other heads of another nation- does not need congressional approval (oil for favors- weapons)Between more than 4100 of these (only 200 treaties)Most are in military commitmentsCongress and the CIA- b/c of past abuses (coups in Guatemala and Iran, 1970’s Chile)- has developed 2 congressional oversight committees
58 Executive privilege- right of a president to not divulge conversations between himself and advisers Why- b/c if not then advisers would not be straightforwardAbused under the guise of national securityUS v Nixon (1974) Supreme court stated that the Presidents are in fact entitled to this most of the time but not in criminal cases
59 Response by Congress Confirmation of presidential appointees Senatorial courtesy- president will make an appointment within a state (will ask the 2 senators of that state to get their approval)Closer scrutiny by SenateCan delay appointments and the holds can last for years (if deemed too liberal or too conservative)
60 LastlyImpoundment- the refusal of the President to spend money that has been appropriated by Congress (not spending defense budget after end of war)No line item veto so president must sign or veto entire bill- might not be happy where certain funding goesNot in the constitution (Congress can be upset but not much they can do)Use of the veto-mere threat can influence legislation
61 Response by CongressPassage of Budget and Impoundment Control Act of 1974If president impounds funds temporarily(deferral)-either house can overrideIf president impounds funds permanently (rescission)- that act is automatically voided unless both house of Congress approve within 45 days.Established Congressional Budget Office (CBO)Congress given 3 additional months to consider the President’s proposed budgetEstablished budget committees in each house
62 Other ways for Congress to control Presidency Legislative veto- congress authority over Executive decisionsINS v. Chada (1983)- supreme court declares legislative veto an unconstitutional violation of separation of powersUse of appropriations to control foreign policy (can cut off Aid) – but recently have asked Congress for approval of US action (Gulf War, Kosovo intervention, Iraq and Afghanistan)Some people feel that Congress inhibits changes, excessive control of Executive, too many oversights
63 What will the president do in his last years of office???