The President

Constitutional Requirements Qualifications Art. II “natural-born citizen” 14 years of US residency 35 years of age THAT’S IT!!!

Qualifications of Presidency Formal qualifications: Article II, Section I of Constitution At least 35 years old Natural born US citizen Resident of US for 14 years prior to taking office

Qualifications of Presidency Informal qualifications: Government experience—Congress, Governor, VP, cabinet member, etc Military experience Money $$$$$$ $33.78 million in primaries & $67.56 million in general election on average in modern elections Political beliefs—moderate Personal characteristics and background

Duties of the President Appointing heads of executive departments, federal ct judges etc. (with Senate consent) Commander in chief Manages a $400 billion defense budget Conducting foreign policy Lawmaking abilities State of the Union address

Benefits of Presidency Most powerful man in the free world Salary $400,000 + $100,000 travel allowance Air Force One—planes, trains and automobiles Free medical, dental, health care etc The White House = home! Camp David = vacation Lifetime retirement pension $148,400 per year + free office space + free mailing service + $96,000 for office support + Presidential Library and other honors

Constitutional Powers Powers/duties are very limited “executive power” – enact/enforce law Military Power Diplomatic Power Appointment Power Veto Power

Presidential Powers “The Executive Power shall be vested in a President of the United States of America” Too vague…

Presidential traditions George Washington Mr. President 2 terms and stepping down Salary Franklin D. Roosevelt 22nd Amendment

Strengthening the Presidency Washington – set precedent for future Jackson – frequent use of veto power Lincoln – Commander and Chief to new levels of power during the Civil War FDR – huge influence on policy with New Deal, checked by Supreme Court

Strong executives Thomas Jefferson Abraham Lincoln Theodore Roosevelt LA Purchase= “inherit powers” Abraham Lincoln Suspended the writ of habeas corpus & raised an army Theodore Roosevelt “president’s right and duty to do anything that the needs of the Nation demanded unless such action was forbidden by the Constitution or by the laws” Franklin D. Roosevelt Social welfare programs Lyndon Johnson Gulf of Tonkin incident & the blank check George W. Bush Homeland security

Roles of the President Head of State Chief Executive Ceremonial duties—living symbol of the nation Chief Executive Ensures the laws of Congress are carried out Right to appoint or remove federal officials Appoints all federal judges and justices of the Supreme Court Granting Amnesty—group pardon George Washington & the Whiskey Rebellion Issues repreives and pardons Ford pardoned Nixon Clinton pardoned numerous individuals before leaving office Impoundment—refusing to spend money that Congress has authorized Jefferson refused to spend money on gunboats Nixon refused to spend money on social programs Issues exectutive orders Desegregation of armed forces under Truman

Roles of the President Chief Legislator Economic Planner Party Leader State of the Union address Influencing Congress for support Political favors Power of veto Line item veto—ruled unconstitutional in Clinton v City of NY Economic Planner Council of Economic Advisors Nixon control to freeze prices and wages Prepares the federal budget Party Leader

Veto Power Veto – return the bill to house it originated (no action within 10 days – bill becomes law)

Appointment Power Power to appoint ambassadors, public officers, and Supreme Court Judges with Senate approval (advice and consent) Civil Service – most gov jobs under executive filled based on merit system Harriet Miers John Bolton John Roberts

Roles of the President Chief Diplomat Directs foreign policy Directs CIA, State Department, Defense Department & NSC Power to make treaties (w/ Senate approval) Recognition of foreign governments Wilson refused to recognize the leader of Mexico Kennedy refused to recognize the leader of Cuba Power to make Executive Agreements FDR and G. Britain in WWII Nixon’s secret deal to N. Vietnam Congress makes it illegal in 1972

Diplomatic Power Create treaties with foreign nations with Senate permission, 2/3 Senate approval (advice and consent) Executive agreement – not permission needed, deal between heads of state, not binding to next administration Diplomatic Recognition – power to officially recognize foreign gov as legit Ex. 1917-1933 – USSR not recognized Ex. 1949-1970s – China not recognized

Roles of the President Commander in Chief Power to make war Korea, Vietnam, Gulf War, Panama (overthrow of dictator Manuel Noriega) War on Terror—Afghanistan & Iraq Military operations and strategy Day to day operations Military backgrounds of Presidents Atomic capabilities Nagasaki and Hiroshima

Military Power Commander in Chief (civilian control) Prez can send armed forces abroad Congress has not declared war since 12/8/1941 Korea, Vietnam, Iraq? – all Constitutional War Powers Resolution, 1973 Prez must report to Congress within 48 hours after deployment If Congress does not OK in 60 days, must withdraw Check on president, attempt to limit president

Order of Succession… Succession Act of 1947 established order of succession based on creation of cabinet positions VP; Speaker of the House; President Pro Tempore; Sec. of State; Sec of Treasury; Sec of Defense…. First applied in 1973 (Nixon administration) Spiro Agnew resigned Gerald Ford becomes newly appointed VP Richard Nixon resigned Gerald Ford becomes Pres Nelson Rockefeller becomes newly appointed VP

Presidential disabilities James Garfield Woodrow Wilson Dwight D. Eisenhower Ronald Reagan 25th amendment President informs Congress of disability or VP & majority of cabinet informs Congress of disability Congress has 21 days to settle disputes in favor of Pres or VP by 2/3 vote

Presidential Disability and Succession 22nd Amendment – limited President to 2 terms, serving no more than 10 years 25th Amendment – If the VP office is vacated, then the President can select a new VP

The president’s role as chief diplomat is derived from A. informal powers B. delegated powers C. concurrent powers D. reserved powers E. expressed powers

The constitutional powers of the president include all of the following EXCEPT A. acting as head of the military B. vetoing legislation C. declaring war D. granting pardons E. appointing ambassadors

The War Powers Resolution does which of the following? A. Gives the President the power to declare war B. Requires that Congress report to the President before it cuts military appropriations C. Requires that the president notify Congress within 48 hours of deploying troops D. Allows the National Security Council to conduct military operations if the president is incapacitated E. Shifts military command responsibility from the president to the Joint Chiefs of Staff

Role of the Vice President All qualifications of President apply Presides over Senate—tie breaker 25th Amendment—waiting for the President to die (14 VP’s have become President in this fashion) Modern day—diplomatic responsibly, foreign policy, lawmakers, extension of President

Vice President Preside over the Senate, tie breaking vote Takes over the presidency if the President cannot finish term 12th Amendment – voters choose President and VP together Previous to 1804, the losing candidate became VP WHAT A DISASTER!!!!

Electing the President Electoral college Popular vote is actually a vote for either the Democrat or Republican electors of each state 538 Electors determine the President State electors = # of HOR + Senators in Congress Wyoming = fewest electoral votes (3) California = largest electoral votes (55) Candidates must win 270 electoral votes to win Maine & Nebraska are exceptions (split the electoral vote)

The role of third party candidates Third parties could win enough votes to prevent a majority for either party Third party candidates then bargain to release votes to one side or the other In the event the House of Rep. has to decide, each state casts 1 vote, the candidate with 26 votes wins Problems with HOR vote Equal representation States in disagreement lose their vote States with strong third party favorites lose vote

The Inauguration Shift of power President and President elect ride together to the inauguration or “swearing in” ceremony President elect takes the oath of office Current President delivers a speech and ceremonies begin

The Cabinet 15 major executive departments Vice President Secretary of State, Sec. of Treasury etc… Vice President Top officials All cabinet members must be approved by the Senate Typically has the background, education and qualifications for the job, race, and gender also play a role Salary: $161,200

Role of the Cabinet Depends on the President “kitchen cabinet” & “brain trust” Aides & spouses “inner cabinet” Party loyalty, special interest groups, etc Secrecy and trust

The Executive Office Executive office agencies Attorneys, scientists, educators, financial advisors, etc 1,500 full time employees Enlarges each administration Ex: Reagan Office of national drug control policy Largest EOP = Office of management & budget

Executive Office of the President National Security Council – advises on military and foreign policy Office of Management and Budget – prepares national budget, largest office National Economic Council – advises with economic planning

White House Staff President appoints w/o Senate approval Chief of Staff Press Secretary G. Washington = 0 F.D.R. = 50 Nixon = 600 Clinton = 380

The Cabinet 15 major department heads advising prez “Inner cabinet” – Secretary of State, treasury, attorney general, and defense Robert Gates – Secretary of Defense Hillary Clinton – Secretary of State

White House Office “Pyramid” model – assistants answer to a hierarchy up to a chief of staff (few top advisors to prez, prez free but isolated) “Circular” model – direct contact with staff (many top advisors to prez, prez busy but connected) Significance: determines what aids have the most influence on presidential decisions

Mandate of the People Mass media, press conferences, leaking information Opinion polls Nixon—90% of the public wanted to see an end to the war in Vietnam Reagan—the “Great Communicator” George W.—90% approval rating after “declaring a war on terror” in 2001…but dropped significantly as the war in Iraq continued and Katrina hit

Limits on Presidential Powers Congressional override 2/3 vote to override a Presidential veto Senate confirmation of appointees Congressional power to Impeach Andrew Johnson; Richard Nixon; Bill Clinton

Limits on Presidential Powers Supreme Court has authority to limit the President (Executive Branch) Marbury v Madison Youngstown Sheet and Tube Co. v Sawyer

Executive privilege The right to privacy of conversation between advisors and prez Why? Separation of powers prevents branches from sharing internal workings Privacy is needed for candid advice from advisors with out political pressure

Executive Privilege US v. Nixon Nixon refused to hand over recorded conversations, claiming Exec. Privilege Court ruled in favor of US EP can’t be used to block the function of the federal court procedures

Impoundment Presidential practice of refusing to spend money appropriated by Congress. Budget Reform and Impoundment Act of 1974 – president must spend funds

The President as Morale Builder Symbolic importance (FDR – Great Depression, Bush – 9/11) Unify nation

Agenda Setting The President can control public policy and discussion through… The media State of the Union speech Make policy proposals Encourage the Congress

Executive Orders Prez issues executive orders that have force of law Ex – power to enforce the Constitution, treaties, laws, etc. FDR – allowed Japanese internment Truman – integrate military Eisenhower – desegregate public schools

Line-Item Veto??? Should the President be able to veto certain parts of a bill, and not other parts? Line-Item Veto Act 1996 Clinton v. City of New York (1997) – law found unconstitutional

Gridlock Divided government – Prez and Congress majority represent different political parties “gridlock” – the inability to accomplish goals Con – government operation shuts down Pro – slows the decision making process, example of check and balance

Impeachment House impeaches, Senate tries the prez, Chief Justice presides over the trial Two presidents impeached, neither removed (Andrew Johnson, Bill Clinton)

The primary function of the White House Staff is to A. initiate policy B. advise the president C. represents the bureaucratic agencies D. provide information to the Office of Management and Budget E. act as liaison with members of Congress

Which of the following best explains why cabinet secretaries might not aggressively pursue the president’s policy agenda? A. Cabinet secretaries are unlikely to be members of the president’s party B. Cabinet secretaries may develop strong loyalty to their departments C. Cabinet secretaries are likely to compete with the president in a subsequent election D. Under the Hatch Act, cabinet secretaries are prohibited from campaigning on behalf of the president E. The Freedom of Information Act compels cabinet secretaries to divulge confidential information to the media

When none of the presidential candidates receives a majority of the votes in the Electoral College, the winner is chosen by the A. Federal elections commission B. Supreme Court C. House of Representatives only D. Senate only E. majority of the House and Senate combined