1. THE PRESIDENCY

2. The Roots of the Office of President of the United States
American colonists distrusted the King so much so that the Articles of Confederation largely neglected the need for an executive.
With the failure of the Articles, the Framers saw the need for an executive office that would be strong enough to govern, but not so strong that it could abuse power.
The majority of the Framers agreed that the executive power should be vested in a single person to be called the president.

3. The Philadelphia Convention
Qualifications for Office
The Constitution requires that the president must be:
35 years old
14 years a U.S. resident
a natural born citizen
Terms of Office
The length of the president's term was quite controversial.
Four, seven, and eleven year terms were suggested at the Convention and several of the Framers suggested a limit of one or two terms.
The 22nd Amendment now limits presidents to two four-year terms or a total of 10 years in office.

4. THE PRESIDENCY (Getting There - Qualities)
Informal Qualifications
Male - 100%
Protestant - 97%
British Ancestry - 82%
College Education -77%
Politicians - 69%
Lawyers - 62%
Elected from large states - 69%

5. Removal of a President Removal is the ultimate check on the president.
The House conducts the investigation and drafts Articles of Impeachment for 'treason, bribery, or high crimes and misdemeanors.'
The Senate tries the case with the Chief Justice of the Supreme Court presiding.
If 2/3rds of the Senate votes for the Articles, the president is removed from office.
Only two presidents have been impeached: Andrew Johnson and William Jefferson Clinton Neither were removed from office.

6. Succession
Through 2001, 7 presidents have died in office (plus Nixon on resignation).
If the President is unable to perform his duties the vice president then becomes responsible for the office.
Congress passed the Presidential Succession Act of 1947 that stated the order of succession after the VP:
Speaker of the House
President Pro Tempore of the Senate
Secretary of State, Treasury, Defense, and other Cabinet heads in order of the creation of their department
The 25th Amendment (1967) lays out succession and allows the president to appoint a new VP if the post is vacant.

7. The Vice President
The VP’s primary job is to assume office if the president dies or is incapacitated.
His/her only formal duty is to preside over the Senate or to break tie votes in the Senate.
Historically, the office has had little power and often VPs have low profiles.
A vice president is chosen for a number of reasons:
geographical balance
to bring the party back together at the convention
achieve a social and cultural balance on the ticket.
VPs can also be used to overcome candidate shortcomings.

8. The Constitutional Powers of the President
Article II is quite short and details few powers for the President.
The president received certain enumerated powers in the Constitution, however the first line of Article II may be the most important grant of power to the president.
It states "the executive power shall be vested in a President of the United States of America."
The executive power clause has been the basis for implied powers allowing the powers of the president to exceed the list of enumerated powers in Article II.

9. Development of Presidential Power
All presidents have had similar formal grants of power and constraints via the Constitution.
The power and success of the presidency is dependent upon
the personality of the person holding the office.
the informal powers of the presidency
the goals of the officeholder
and, of course, the timing of events…events often shape a presidency (for example, crises often lead to an expansion of presidential powers).

10. The President’s Roles
Chief of State - Ceremonial head of U.S. government
Chief executive - Vested with the executive power of U.S.
Chief administrator of the Federal Gov’t - Administers the federal bureaucracy
Chief diplomat - The main architect of American foreign policy
Commander in Chief - Commands the nation’s armed forces
Chief Legislator - Sets the shape of public policy
Chief of party - Leader of the political party in power
Chief citizen - The representative of all the people
* Each role is played simultaneously and is inseparable from the others

11. Chief Legislator
FDR claimed the leadership and agenda setting power for the president and got it.
FDR shifted the president's powers from that of simply executing policy to making it.
However, presidents have a hard time getting Congress to pass their programs especially during periods of divided government.

12. Legislative
Power
Chief-of-State
Pardoning
Power
Treaty-making
Power
Chief Diplomat
Chief Executive
Veto Power
Commander
-in-Chief
Appointment
Power

13. President’s Executive Powers
Executing the Law
Responsible for carrying out nation’s laws, even if he does not agree
Has discretion regarding law interpretations and deciding how vigorously he enforces the laws
Ordinance Power
Bureaucracy of executive branch is under authority of President
Appointing Power
May appoint a handful of officials on his own authority
Ambassadors, judges, cabinet members (must be approved by Senate)
Removal Power
Can remove at will, persons whom he has appointed with consent of Senate

14. Diplomatic Powers Making Treaties
May negotiate treaties or international agreements
Senate must approve treaties by 2/3 vote before becoming law
Executive Agreement
Most routine international agreements are made by executive agreement
Pacts between the President and the leaders of foreign countries
Do not require Senate approval
Power of Recognition
Recognize and acknowledge the legal existence of a country

15. Military Powers
President shares war powers with Congress, but has almost no limits on his role as commander in chief
Most authority = military subordinates, final authority = president!
Declaration of war/armed conflict
May use the armed forces, including State militias, to keep the peace in times of domestic turmoil
War Powers Resolution of 1973 = reaction to Vietnam War
Requires President to inform Congress of any commitment of U.S. troops abroad w/in 48 hours
Requires President to gain congressional approval if commitment lasts longer than 60 days

16. Legislative Powers
President gives State of the Union address and suggests annual budgets
Recommends specific legislation to Congress
Veto legislation
May veto bill outright
May use pocket veto
Line-item veto
May call special sessions of Congress
May also adjourn Congress if the 2 houses cannot agree on a date for adjournment

17. Judicial Powers
May grant reprieves and pardons in cases involving federal laws
May commute, or reduce, sentences or fines imposed by a court
May grant amnesty, a general pardon, to persons who have violated the law

18. The Modern Presidency
In the 20th century, the presidency has become ever more powerful.
The modern Presidency begins with FDR who was elected to four terms during two huge national crises:
The Great Depression
and WWII.
FDR also personalized the presidency with his use of radio 'fireside chats' directly with Americans.
The modern president
leads a large government
plays an active and leading role in foreign and domestic policy
plays a strong legislative role
and uses technology to get 'close to Americans.'

19. Congress Bureaucracy Supreme Court Media Public
Checks on Power
Congress
Bureaucracy
Supreme Court
Media
Public

20. The Presidential Establishment
Today, the president has numerous advisors to help make policy and fulfill the duties of chief executive.
The Cabinet
The Executive Office of the President (EOP)
White House Staff

21. Federal Bureaucracy
Based on principles of hierarchical authority, job specialization, and formal rules
A way of organizing people to do work
Made up of 3 major administrative agencies: Executive Office of the President, the 15 cabinet departments, and independent agencies

23. The Executive Office of the President (EOP)
The EOP was established by FDR and is a very important inner circle of advisors to the president.
The EOP is staffed by persons responsible to the president alone
The EOP includes such important offices as the National Security Council, the Council of Economic Advisors, and the Office of Management and Budget.

24. The Cabinet
The Cabinet is not mentioned in the Constitution and is formulated by each president as he/she sees fit - must be approved by senate
The Cabinet consists of the heads of the 15 major bureaucratic departments (State, Defense, Treasury, etc.)
Serve as president’s advisors

25. Independent Agencies
Operates outside of the 15 executive departments in the cabinet
Three types of independent agencies:
Independent executive agencies
Independent regulatory commissions
Government corporations

26. White House Staff
The people most directly responsible to the president are the White House staff such as personal assistants, senior aides, administrative personnel and more.
There is no Senate confirmation and their power comes solely from their personal relationship with the president.
The White House staff reached a height of 583 members in 1972, but has gotten smaller since then generally running at around 400.

27. The Election Process

28. Original Constitutional Provisions
Framers created electoral college as an alternative to either popular election or congressional election of the President
Electoral vote = state by state, each elector casting 2 votes for 2 candidates
Most votes = president
Runner up = V.P
Tie = House of Reps decided

29. Impact of Rise of Parties
Election of 1800
Parties arose during Washington and Adams administration, each wanting to put up its own candidates for election of 1800
The development led to a tie between Jefferson and Burr
12th Amendment
Resulted from voting based on party loyalty
Requires electors to specify which person they wanted for President and which for V.P.

30. Nominating Today Presidential Primaries
Delegate selection process and/or elections in which voters can express their preference for presidential candidates

31. Electoral College Purpose? To provide a safety net for the framers
They wanted to protect their interests
Educated Americans were making the final choice!

32. The Election Electoral College
The number of electors is determined by the federal representation for each state
For example, California - 52 members of house + 2 senators = 54 electoral votes
Total of 538 electoral votes (535 members of congress and 3 for the District of Colombia
Candidates can lose popular vote, but win electoral vote, thus becoming President (2000 election)