Unit 5 Political Systems Chapters 13, 14, 15, 16, 17 Objectives 1; 28a-list the constitutional qualifications for holding the office of president, including restrictions, mandated by the 22nd Amendment

Constitution lists 3 FORMAL qualifications to be President; 1. Must be a “Natural born Citizen of the U.S.” Person born in a foreign country to parents that are U.S. citizens IS eligible. 2. Must be at least 35. John F. Kennedy was 43. Reagan 69 when 1st elected 1980.

3. Must have been a resident of the U.S. for at least 14 years. 1951 22nd Amendment; No person can be elected to the office of the President more than twice, and no person can hold the office more than once. May not serve more than 10 years.

Objective 2; evaluate other unwritten qualifications that are typical and atypical for presidents, including access to large sums of money, personal demographics, experience in government, and moderate political beliefs.

Candidates must be able to raise large sums of money for the primaries and for the general election. Hundreds of millions of dollars. Candidates must be “electable”. Must have broad appeal within the party and electorate. Most have well-known records in political office.

Records need to be free of controversy. Most candidates have shown vote-getting ability. Historically governors from large states have produced most candidates. Senate has also been a source of candidates.

Most candidates have been Protestants Most candidates have been Protestants. (JFK was Catholic, Nixon, Quaker) Most have come from larger states. Nominees usually appear healthy, happily married and have attractive families. (Only 4 nominees have been divorced) Well developed speaking ability.

Nominees must come across as moderate in their political beliefs in order to appeal to greatest number of voters. Their party will try and show them as being moderate, family oriented people. Whether they really are is another question entirely.

Objective 3; examine the procedure of electing a president through the Electoral College. “The extent of the Country renders it impossible that the people can have the requisite capacity to judge of the respective pretensions of the Candidates.” George Mason

Framers feared allowing a direct vote of the people for President. They thought it would lead to “tumult and disorder.” Felt people could not make wise, informed decisions. Decided to create a special body of electors, made up of “the most enlightened and respectable citizens” from each State.

In earliest elections, person with most votes was President, 2nd most was V.P. Election of 1800 changed that and forced passage of 12th Amendment in 1804. Electoral College today; Electors are actually “rubber stamps” today. Expected to vote automatically for their party’s candidate.

Electors chosen by popular vote on the first Tuesday after the first Monday in November every 4th year. Every state but Nebraska and Maine are winner-take-all. Electors vote for candidate that won the popular election in their state.

Counting Electoral Votes; Constitution says electors “shall be the same throughout the U.S.” Electors meet at their State capitol on the date set by Congress. Date; Monday after the 2nd Wednesday in December.

FORMAL ELECTION of President is January 6th. President of the Senate opens electoral votes from each State and counts them before a joint session of Congress. If no candidate has a majority, the House elects the President. Each state gets one vote.

If House fails to elect a President by January 20th, 20th Amendment provides that the newly elected VP shall act as President until a choice is made. (Senate elects VP) If neither wins, Speaker of the House shall act as President until one is chosen.

3 Flaws of the Electoral College; 1. A candidate can win popular vote and not win the Presidency due to “winner-take-all” system. Has happened 4 times; 1824, 1876, 1888, and 2000. 2. Nothing in Constitution nor federal statutes, requires electors to vote for the candidate that wins popular vote in their State.

3. It is possible that the election will be decided in the House. 1824. 3 objections to election by House; 1. Vote by States means smaller States have same power as large one’s. 2. If States representatives are split, State loses it’s vote. 3. 26 States must vote for one candidate.

Objective 4; Discuss the roles and responsibilities of the Vice President, including the responsibilities given by the 25th Amendment. Constitution say little about V.P. 2 Formal Duties; 1. Preside over the Senate 2. Help decide the question of presidential disability.

VP is 1st in line of succession to President. Picked to “balance the ticket”. If VP’s office becomes vacant the President nominates a replacement who must be confirmed by a majority of both Houses. 1st done in 1973, Nixon nominated Gerald Ford to replace Spiro Agnew.

VP cannot be removed by the President. Dick Cheney is considered to most influential VP in history. Due mainly to his resume of Government service as White House Chief of Staff for Gerald Ford and Secretary of Defense under George I.

Current V.P. Joe Biden

Objective 5; recognize the line of presidential succession and understand the safeguards taken to protect the succession in case of emergency. Presidential succession is the scheme by which a presidential vacancy is filled. Constitution did not originally say VP would become President. Only said “powers and duties” of President would be transferred to VP.

Precedent set in 1841 when William Henry Harrison died and was replaced by V.P. John Tyler.

1947 Presidential Succession Act fixed order of succession; Page 359 – Chart 25th Amendment also details disability gap in case President becomes disabled. Safeguards; President and VP can never travel together. President cannot fire VP.