The Electoral College Each state has number of electors equal to its congressional representativesEach state has number of electors equal to its congressional representatives –23 rd Amendment: DC voting rights Winner take all systemWinner take all system –“ Plus two”: Maine and Nebraska No majority: House of Representatives elects POTUS from top three candidates, Senate selects VPNo majority: House of Representatives elects POTUS from top three candidates, Senate selects VP –12 th Amendment: Separate ballots

Term and Salary Salary determined by congress - $400,000 a year; $100,000 for travelSalary determined by congress - $400,000 a year; $100,000 for travel President is elected to serve a 4 year termPresident is elected to serve a 4 year term Washington precedent – 2 termsWashington precedent – 2 terms Franklin Roosevelt – Elected to 4 terms (’32, ’36, ’40, ’44)Franklin Roosevelt – Elected to 4 terms (’32, ’36, ’40, ’44) 22nd Amendment (1951) – two term limit22nd Amendment (1951) – two term limit

Formal Qualifications Constitutional Requirements:Constitutional Requirements: –Natural born citizen –35 years old –Resident of the U.S. for 14 years

Duties Described in Article II of the ConstitutionDescribed in Article II of the Constitution –Make sure laws are Executed –Commander in Chief of the Military –Appoint heads of executive offices, federal judges, and ambassadors –Meet with heads of foreign governments, make treaties, and executive agreements –Political leadership

Roles Head of StateHead of State –Symbolic/ceremonial leader Chief ExecutiveChief Executive –Enforce laws, make appointments, granting pardons Commander and ChiefCommander and Chief –War powers, “protect and defend” Chief DiplomatChief Diplomat –Recognition, Treaties, and executive agreements Chief LegislatorChief Legislator –Proposing agenda and laws, veto power

Presidential Powers The Founders recognized need for strong executive branchThe Founders recognized need for strong executive branch –the weaknesses of the Confederation government –hold the Congress in check. Formal powersFormal powers –Constitutional Powers –Statutory Power Informal powersInformal powers –Inherent powers –Emergency powers –Mandate “High Crimes and Misdemeanors”“High Crimes and Misdemeanors”

Role of the Vice President Constitutional duties:Constitutional duties: –President of the Senate – casts tie-breaking vote –Assume presidency upon death or disability of the president Informal duties:Informal duties: –Member of the National Security Council –Modern VPs have been given role in policy making at Presidents discretion

Succession – Replacing the president Tyler first VP to become president following death of Harrison in 1841Tyler first VP to become president following death of Harrison in other presidents died in office elevating VP to President7 other presidents died in office elevating VP to President 25th Amendment (1967): formally added succession to the Constitution25th Amendment (1967): formally added succession to the Constitution –Order: VP, Speaker of House, Senate Pres. Pro Temp, Sec. of State –Includes procedures for when the president is disabled

Executive Office of the President Executive Office of the President White House OfficeWhite House Office –Chief of Staff –“Kitchen Cabinet” Office of Budget and ManagementOffice of Budget and Management –clearinghouse for legislative proposals from exec. agencies National Security CouncilNational Security Council –National Security advisor, VP, Sec. of State, Treasury, Defense, and the Assistant to the President for National Security Affairs. The Chairman of the Joint Chiefs of Staff, Dir. of National Intel Council of Economic AdvisorsCouncil of Economic Advisors –assists with the development and implementation of economic policy

WHO Org Chart

Executive-Level Department The CabinetThe Cabinet –15 executive departments –Headed by Political appointees Regulatory agenciesRegulatory agencies –Quasi legislative and judicial –ICC, FTC, FDA, SEC, OSHA Government corporationsGovernment corporations –Created for various purposes –TVA, Post Office. Independent agenciesIndependent agencies –Specific responsibilities, facilitate day to day operations –NASA, CIA.

The Appointment Process “Executive” Agencies“Executive” Agencies –No confirmation required –Serve at the pleasure of the president “Independent” Agencies and Judges“Independent” Agencies and Judges –Require Senate confirmation –Recess appointments

Checks and Balances Presidential checks Executive OrdersExecutive Orders –Enforce statutes, constitution and foreign treaties, direct executive agencies Executive PrivilegeExecutive Privilege –Withholding information and refusal to appear ImpoundmentImpoundment –Congressional Budget and Impoundment Control Act of 1974 –Train v. City of NY (1975) The Veto ProcessThe Veto Process –Line-item veto –Signing statements Congressional checks ImpeachmentImpeachment –Roles of the 3 branches –Johnson and Clinton Veto OverrideVeto Override –2/3 vote AppropriationsAppropriations –Congress can refuse to fund executive initiatives War Powers Act (1973)War Powers Act (1973) –Congressional notification within 48 hrs, 60 – 90 days for approval –Constitutional? INS v Chadha (1983)