The Presidency Who becomes President? 35 yr. old, most white, lawyers, male, natural born citizen, 14 years in the country, most Protestant (44) (art.2,sec1)

The Process: 1.Nomination by a major party 2.A simple majority of electoral votes on winner take all basis (four times less than 50% of the popular vote winner) John Q. Adams, Benjamin Harrison, Rutherford B. Hayes; George W. Bush

The Process 3. A tie or lack of majority in the Electoral College goes to the House with one vote per state (art 2, sec. 3) How many times? 12th Amendment (1804) 4. 1824 election no majority, House elected J.Q. Adams over William H. Crawford & Andrew Jackson

Change the Process 1. Eliminate the Electors 2. Each State divide the Electors by percentage of the state popular vote. 3. Change the Electors to reflect the popular vote?

Salary of President $400,000.00 $ 50,000.00 expenses V.P. $192,000.00

Roles of the President A.Head of State (ceremonial) In most democratic countries the chief executive is not the head of state. Public exposure B. Chief Executive (enforce law) Including treaties and court orders 1. Appoint and Remove the federal bureaucracy (limited now by civil service)

Roles of the President 2. Appoint a Cabinet (a growing number since Washington) 3. Power to pardon (controversial) C. Commander in Chief 1. Greater power in time of war

Cabinet Sec. of State John Kerry Sec. of Defense Chuck Hagel Sec. of Treasury Jack Lew Sec. of Health Sylvia Burwell Atty General Eric Holder

Roles of the President 2. War Powers Resolution of 1975(Congressional consultation 111 times) within 48 hours; use troops limited to 60 days D. Chief Diplomat 1. Diplomatic Recognition of Foreign Countries; appointment of Ambassadors 2. Proposal and Ratification of

Roles of the President 2. Proposal and ratification of Treaties with Senate 2/3 rd vote (League of Nations; Nuke Test Ban; Nuke Proliferation 3. Executive Agreements (speed, secrecy & limited?) agreements between heads of state not subject to

Roles of the President Senate approval, but must be sent to Congress within 60 days E. Chief Legislator 1. Propose legislation & veto power – State of the Union (1913)

Roles of the President (pocket veto – no action and Congress adjourns within ten days) (FDR & Cleveland used most) 2. Line item Veto & Override by Congress presidential legislation?

Role of the President Clinton v. US, 1998 no to line item veto (still in states) Override by Congress– 2/3 vote F. Inherent Powers (nature of office) not constitutionally established G. Express Powers (constitutional and statutory)

Party Chief & Super Politician Chief campaigner and fundraiser B. Constituencies & Public Approval 1. Country, Party, DC politics 2. Public Approval polls 3. Take the message to the people – going public

Special Powers Emergency Powers : Embargo (US v. Curtis-Wright Export Corporation, 1936, 299 US 304 inherent power of President B. Executive Orders – enforce statutes, Constitution, modify rules & regulations of agencies have the effect of law

Special Powers C. Executive Privilege (executive officials) Watergate limited by US v. Nixon, 1974 no privilege to withhold criminal evidence Statutory vs Constitutional powers

Impeachment Art. 1, Sec. 2, majority of the House bring the accusation Trial in the Senate requires 2/3 voted to remove from office 25 impeachments, 2 Presidents Andrew Johnson & Bill Clinton No conviction or removal

Executive Organization The Cabinet The Vice President and 15 heads of executive departments: Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and

Cabinet Urban Development, Interior, Labor, State, Transportation, Treasury, Veterans Affairs and Attorney General B. Under President George W. Bush, Cabinet-level rank also has been accorded to the Administrator, Environmental Protection agency

Cabinet B. Director, Office of Management and Budget; Director, National Drug Control Policy; and the US Trade Representative

Executive Office of the President Council of Economic Advisers Council on Environmental Quality Office of Administration Office of Management & Budget Office of Science & Technology Foreign Intelligence Advisory Bd National Security Council

The White House Office Domestic Policy council Homeland Security Council National Economic council Office of Faith Based and Community Initiatives Office of the First Lady Office of National AIDS Policy

The White House Office Privacy & Civil Liberties Oversight board USA Freedom Corps White House Fellows Office White House Military Office

The Vice President VP – helps elect the President Campaigns; balance the ticket regionally; reinforce the message and provides support in office on jobs assigned by the President

The Vice President Succession on 9 occasions – 8 by death 1 by resignation 25th Amendment – a majority of the Cabinet, including the VP can declare the president incapable Replacement appointed by the President

Presidential Succession If he dies then the vice president becomes president. Tyler; Fillmore; Arthur; Johnson; Roosevelt; Johnson; Truman; Coolidge; What should the vice president do if the president is incapable of carrying out his duties? 25th Amendment (1967) 26

Line of Succession 27