Chapter 7

Presidential Qualifications and Terms of Office  Constitution: Natural born citizen 35 years old Resident of the U.S. for 14 years ○ Framers wanted someone who spent more time in country than traveling.  Not in Constitution: Gender Race Sexual orientation Criminal record

Setting Precedent  George Washington Reelection only once Two-term limit was traditional ○ Ulysses S. Grant sought a third term  FDR served 4 terms 22 nd Amendment – two terms or ten years in office

Vice President  Mostly ignored  Function: Assume office of president after death or emergency Presides over the Senate ○ Has no voice or vote unless tied

Impeachment  Benjamin Franklin staunchly supported the ability to remove a president from office  “Treason, Bribery, or other high Crimes and Misdemeanors”  Each house of Congress was given a role: House: impeach by a majority vote. Senate: acts as the court of law and tries the president ○ 2/3 vote needed to impeach  House has impeached two presidents Andrew Johnson Bill Clinton Senate removed neither man

Nixon  To avoid impeachment Richard M. Nixon became the only president to resign.  Watergate Scandal  Executive privilege U.S. vs. Nixon – the Supreme Court ruled unanimously that no overriding executive privilege sanctioned the president’s refusal to comply with court order to produce information for use at trial.

Rules of Succession  8 presidents have died in office 4 natural 4 assassination  William Henry Harrison became the first to die and Abraham Lincoln the first assassinated.  1947 Congress passed the Presidential Succession Act Lists in order who becomes president  25 th Amendment – (1967) vacancy in vice president office President will appoint a new VP with approval from Congress Contains a section that allows the VP to deem a president unable to fulfill his duties.

Constitutional Powers  Appointment  Convene Congress  Make Treaties  Commander in Chief  Pardoning

Appointment Powers  To help the president enforce laws from Congress the Constitution gives the power to appoint officials Ambassadors Public ministers and consuls Supreme Court judges Officers of the U.S.  Cabinet An advisory group chosen by the president

Convene Congress  State of the Union – required  Authorizes the president to convene one or both houses of Congress on “extraordinary occasions” Federalist 77  Very important because Congress did not always meet year round.

Treaties  The president can make treaties but they must be approved with a 2/3 vote from the Senate  Senate ratifies 90% of the treaties submitted by the president. Most notable rejection was Woodrow Wilson treaty from WWI  Presidents may “unsign” treaties Ex.: George W. Bush formally withdrew from the International Criminal Court (ICC) – permanent court that prosecutes war crimes, genocide, and other crimes against humanity.  Executive agreements Allow the president to form secret and highly sensitive arrangements with foreign nations without approval.

Veto  Three types Regular veto – Congress override w/ 2/3 vote Pocket veto Line-item veto  Pocket - is an absolute veto that cannot be overridden. The veto becomes effective when the President fails to sign a bill after Congress has adjourned and is unable to override the veto.  Line-item – disapprove of individual items in a spending bill Given authority in 1996 by Congress 1998 Clinton vs. City of New York declared in unconstitutional

Commander in Chief  Congress declares war but presidents wage war.  Presidential power Vietnam War ○ 58,000 soldiers killed ○ 300,000 wounded ○ Conducted without a declaration of war ○ In 1964 President Lyndon B. Johnson was given more power with the Gulf of Tonkin Resolution Authorized a massive commitment of U.S. forces in South Vietnamese.  War Powers Resolution To limit the president’s authority to introduce American troops into hostile foreign lands without congressional approval Nixon vetoed but he was overridden.  More power was given to the president after 9-11 Allowed the president to use troops in Iraq “as he determines to be necessary and appropriate”

Pardoning  Presidents exercise complete pardoning power for federal offenses except in cases of impeachment  President Gerald Ford pardoned Richard Nixon  Usually for individuals but can also be used for a group.

The Modern Presidency: FDR  Presidential power grew under FDR  During the Great Depression he asked Congress to give him a “broad executive powers to wage war against the emergency, as great as the power would be given to me were in fact invaded by a foe.”  Personalized the presidency: fireside chats  Legacy: Large bureaucracy Active and leading role for the president in both domestic and foreign policy and legislation Nationalized executive office that used technology