1. The Executive Branch/Bureaucracy

2. The President’s Job Description
Chief of State- ceremonial head of state
Chief executive- power in domestic and foreign policy
Chief administrator- director of executive branch
Chief diplomat- makes foreign policy
Commander in Chief-controls the nations military
Chief legislator- author of public policies
Chief of party-leader of the political party
Chief Citizen- “representative of the people”

3. Formal Qualifications
Be a “natural born citizen”
35 years old
14 years residency in the U.S.
The Presidential Term
Four years- “no third term” tradition, 22nd Amendment- “arbitrary right”
10 years
$450,000 a year
Can not work another job

4. Presidential Succession
Presidential vacancy is filled. If a president dies, resigns or is removed from office by impeachment the Vice President succeeds to the office.
25th Amendment disability provisions
Eisenhower, Garfield, Reagan, Wilson
Writing by President or Vice President and Congress
Presidential Succession Act of 1947
Vice Presidency
Preside over Senate and help decide the question of Presidential disability

5. Presidential Disability
Neither Constitution or Congress had come up with provisions for deciding when a President was too disabled to perform duties
Gap filled by Sections 3 and 4 of the 25th Amendment
VP becomes acting President if the President informs Congress, in writing, that he is unable to perform duties
VP and majority of Cabinet members inform Congress that the President is incapacitated
President can resume office by written declaration

6. The Framer’s Plan
Early on—most delegates favored selection by Congress
Only a few of the Framers favored popular vote
Had to come up with a plan that the Framers would agree on…

7. Election of the President
Presidential electors- chosen in each state in a manner the state legislature directed, and each State would have as many electors as it has senators and representatives in Congress.- Electoral votes
Known as the Electoral College
Election of Thomas Jefferson and Aaron Burr
12th Amendment

8. Presidential Nominations
National Convention built over the years by the two major parties.
Delegates- complicated formula
Each state is responsible for picking their delegates
Presidential Primaries- Frontloading
Winner-take-all vs. proportional representation- 15%
Proportional representation- led Oregon and Wisconsin to give up the popular selection of delegates. Preference and then pick delegates later.
Reforms: single, nationwide primary, do away with national conventions

9. Flaws in the Electoral College
1) winner of the popular vote is not guaranteed the presidency
“Winner takes all”- example: Wyoming and California
Nebraska in 2008
2)Electors are not required to vote in accord with the popular vote
Never has upset an election
3) Election might have to be decided in House of Representatives
Must win a majority of the electoral votes or the election will be given to the House

10. Reforms
District Plan- each state would choose its electors much as it chooses its members of Congress- Nebraska and Maine
Proportional Plan- each candidate would receive a share of the electoral vote in accordance to to that State’s popular vote
Direct Plan- abolish the electoral college. All votes would count equally
Constitutional Amendment- smaller states would oppose
Too much campaigning
Voter fraud
National Popular Vote Plan

11. Powers of the President
Executing the law: enforces, administers, carries out the provisions of the federal law- Oath
“I do solemnly swear (of affirm) that I will faithfully execute the Office of the President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States”
Ordinance Power- applying most law comes from the day-to-day work of all of the many departments, commissions, and other agencies of the Federal Government- 2.7 million
Executive orders- directives, rules, or regulations that have the effect of law

12. Powers continued
Appointment Power: Loyal subordinates are given jobs when a president is elected
Appointees- most important officers; ambassadors, cabinet members and their top aides, the heads of independent agencies, all federal judges, U.S. marshals, and attorneys, all officers in the armed forces
Senate and Senatorial Courtesy
Recess Appointments- allow to appoint an officer when the Senate is not in session

13. Powers continued The Removal Power:
Historical debate: Andrew Johnson- Tenure of Office Act
Removal of the Court- Myers v. United States, 1926
Executive Privilege- President is given the inherent power to refuse to disclose certain information to Congress or to the federal courts.
Congress has never officially recognized
United States v. Nixon

14. Diplomatic powers
Treaty: formal agreement between two or more sovereign states. Usually acting through the secretary of state, negotiates these international agreements. Senate must give its approval with 2/3rd’s vote before treaty can be made effective. Senate does NOT ratify, President does!
Same legal standing as acts of Congress. Congress can repeal a treaty by passing a law contrary to its provisions, and an existing law may be repealed by the terms of a treaty. – Treaty of Versailles (peace agreement to end WWI, didn’t have 2/3 approval, change parts to get approval)

15. Executive Agreements: a pact between the President and the head of a foreign state, or their subordinates. These do NOT have to be approved by the Senate. These do not supersede federal law/State- destroyers-for-bases deal of 1940
Power of Recognition- when receives the diplomatic representatives of another sovereign states
Commander in Chief
Making undeclared war
Congressional Resolutions
War Powers Resolution