1. The Executive Branch

2. Learning Objectives Learn the formal qualifications for PresidentsLearn the formal qualifications for Presidents Learn about the Electoral College system (method used to select presidents) and several reform proposalsLearn about the Electoral College system (method used to select presidents) and several reform proposals Learn about presidential succession (what happens if the President dies or resigns?) and disability (what happens if the President cannot act as President temporarily?)Learn about presidential succession (what happens if the President dies or resigns?) and disability (what happens if the President cannot act as President temporarily?) Learn about the President’s roles and powersLearn about the President’s roles and powers Learn about the powers and duties of the Vice- PresidentLearn about the powers and duties of the Vice- President

3. Presidential Qualifications Three formal requirements:Three formal requirements: 35 years of age;35 years of age; A “natural born” citizen (cannot have been naturalized);A “natural born” citizen (cannot have been naturalized); Have lived in the US for at least 14 years (they do not have to be consecutive or even recent).Have lived in the US for at least 14 years (they do not have to be consecutive or even recent). Why does the Constitution allow Representatives and Senators to be naturalized, but not Presidents?Why does the Constitution allow Representatives and Senators to be naturalized, but not Presidents?

4. How Long Can a President Serve? Prior to the 22 nd Amendment, there were no formal limits (only a custom of two terms)Prior to the 22 nd Amendment, there were no formal limits (only a custom of two terms) FDR broke this custom (elected to 4 terms)FDR broke this custom (elected to 4 terms) The 22 nd Amendment limits a president to two terms, plus up to 2 years of a prior term (max of 10 years)The 22 nd Amendment limits a president to two terms, plus up to 2 years of a prior term (max of 10 years) If a person serves more than half of the prior term, he is limited to one term of his ownIf a person serves more than half of the prior term, he is limited to one term of his own Example: If Joe Biden replaced President Obama today, he could be elected to two more terms.Example: If Joe Biden replaced President Obama today, he could be elected to two more terms. For how many terms could Biden be elected if he had replaced Obama in February 2009?For how many terms could Biden be elected if he had replaced Obama in February 2009?

5. How is the President Elected? The Electoral College System (Article II sec. 2 & 3)The Electoral College System (Article II sec. 2 & 3) Each state selects a number of electors equal to its number of Senators and RepresentativesEach state selects a number of electors equal to its number of Senators and Representatives Method of selection is up to each stateMethod of selection is up to each state Must receive a majority (270 of 538) to win PresidencyMust receive a majority (270 of 538) to win Presidency “Winner take all” rule—followed everywhere except Maine and Nebraska“Winner take all” rule—followed everywhere except Maine and Nebraska Can result in a person winning the Presidency without a popular vote majorityCan result in a person winning the Presidency without a popular vote majority Why was this method chosen by the Framers?Why was this method chosen by the Framers?

6. The Modern Electoral College Framers intended electors to act as “free agents”Framers intended electors to act as “free agents” Once political parties emerged, they began to nominate slates of electors that were pledged to support their candidateOnce political parties emerged, they began to nominate slates of electors that were pledged to support their candidate Electoral College is now largely a “rubber stamp”Electoral College is now largely a “rubber stamp” In practice, the winner of the popular vote in a state wins all electoral votes in that state (except Maine & Nebraska, which use the “District Plan”)In practice, the winner of the popular vote in a state wins all electoral votes in that state (except Maine & Nebraska, which use the “District Plan”) What are “faithless electors?”What are “faithless electors?” What are the potential consequences of “faithless electors?”What are the potential consequences of “faithless electors?”

7. Problems with the Electoral College May result in “minority” presidents (Gore/Bush)May result in “minority” presidents (Gore/Bush) Faithless electors could affect outcome of a close electionFaithless electors could affect outcome of a close election If no candidate receives a majority in the Electoral College, the House of Representatives decides the President—each state has 1 vote (12 th Amendment)If no candidate receives a majority in the Electoral College, the House of Representatives decides the President—each state has 1 vote (12 th Amendment) Montana + Wyoming > California!Montana + Wyoming > California!

8. Reform Proposals District PlanDistrict Plan Proportional PlanProportional Plan Direct Popular Election (would require a constitutional amendment)Direct Popular Election (would require a constitutional amendment) National Popular Vote Interstate Compact (an “end run” around the Constitution)National Popular Vote Interstate Compact (an “end run” around the Constitution) www.nationalpopularvote.comwww.nationalpopularvote.comwww.nationalpopularvote.com Currently, states representing 132 of 270 (49%) electoral votes have agreed to the NPV compact.Currently, states representing 132 of 270 (49%) electoral votes have agreed to the NPV compact.

9. Presidential Succession Presidential succession is the plan by which a presidential vacancy is filled.Presidential succession is the plan by which a presidential vacancy is filled. The 25th Amendment, ratified in 1967, made it clear that the Vice President will become President if the President is removed from office.The 25th Amendment, ratified in 1967, made it clear that the Vice President will become President if the President is removed from office. The Presidential Succession Act of 1947 set the order of succession following the Vice President.The Presidential Succession Act of 1947 set the order of succession following the Vice President.

10. Presidential Disability Sections 3 and 4 of the 25th Amendment provide procedures to follow when the President is disabled.Sections 3 and 4 of the 25th Amendment provide procedures to follow when the President is disabled. The Vice President is to become acting President ifThe Vice President is to become acting President if –(1) the President informs Congress, in writing, “that he is unable to discharge the powers and duties of his office,” or –(2) the Vice President and a majority of the members of the Cabinet inform Congress, in writing, that the President is thus incapacitated. Why do you think the decision about presidential disability is left to the VP and Cabinet?

11. Presidential Powers & Duties The president’s most important power is his constitutional duty and authority to faithfully execute the lawsThe president’s most important power is his constitutional duty and authority to faithfully execute the laws President also has the power to issue executive orders that have the power of law (the “ordinance” power)President also has the power to issue executive orders that have the power of law (the “ordinance” power) President has the power to appoint federal officials (with consent of a majority of the Senate)President has the power to appoint federal officials (with consent of a majority of the Senate) Remember senatorial courtesy!Remember senatorial courtesy! President can also remove most federal officials he appoints, without Senate approval.President can also remove most federal officials he appoints, without Senate approval. Exception—federal judges (lifetime appointment; only Congress may impeach and remove)Exception—federal judges (lifetime appointment; only Congress may impeach and remove)

12. Presidential Powers & Duties Treaties—agreements between nations. They require “advice and consent” of 2/3 of the SenateTreaties—agreements between nations. They require “advice and consent” of 2/3 of the Senate Executive agreements—agreements between heads of state of two or more nations. They do not require Senate approvalExecutive agreements—agreements between heads of state of two or more nations. They do not require Senate approval President is Commander in ChiefPresident is Commander in Chief Often uses this power to engage in “undeclared” warOften uses this power to engage in “undeclared” war Often seeks Congressional approval of deployment (tacit compliance with War Powers Resolution)Often seeks Congressional approval of deployment (tacit compliance with War Powers Resolution)

13. Presidential Powers & Duties President often recommends legislation to Congress (example: health care reform proposals). This is sometimes called the “message power”President often recommends legislation to Congress (example: health care reform proposals). This is sometimes called the “message power” State of the Union address is often a platform for announcing legislative initiativesState of the Union address is often a platform for announcing legislative initiatives Veto powers—2 typesVeto powers—2 types Veto—Affirmative rejection of a bill sent to him by Congress while Congress is in session. Congress can override by a 2/3 vote in each house. If no action, it becomes law automatically.Veto—Affirmative rejection of a bill sent to him by Congress while Congress is in session. Congress can override by a 2/3 vote in each house. If no action, it becomes law automatically. Pocket veto—if President refuses to sign a bill sent to him and Congress is not in session, it is deemed to be vetoed.Pocket veto—if President refuses to sign a bill sent to him and Congress is not in session, it is deemed to be vetoed. Line-item veto—held unconstitutionalLine-item veto—held unconstitutional

14. Presidential Powers & Duties President has the power to grant pardons (legal forgiveness of a crime) and reprieves (postponement of a sentence or other punishment)President has the power to grant pardons (legal forgiveness of a crime) and reprieves (postponement of a sentence or other punishment) Among their last acts in office, outgoing presidents usually issue dozens, sometimes hundreds, of pardonsAmong their last acts in office, outgoing presidents usually issue dozens, sometimes hundreds, of pardons Why do they wait?Why do they wait?

15. Vice-Presidential Powers & Duties Funny quotes about the Vice-Presidency:Funny quotes about the Vice-Presidency: The Vice-Presidency is sort of like the last cookie on the plate. Everybody insists he won’t take it, but somebody always does. (Bill Vaughan)The Vice-Presidency is sort of like the last cookie on the plate. Everybody insists he won’t take it, but somebody always does. (Bill Vaughan) “The most insignificant office that ever the invention of man contrived or his imagination conceived.” (John Adams)“The most insignificant office that ever the invention of man contrived or his imagination conceived.” (John Adams) “The vice-presidency ain't worth a pitcher of warm spit.” (John Nance Gardner)“The vice-presidency ain't worth a pitcher of warm spit.” (John Nance Gardner) Teddy Roosevelt “chandelier” storyTeddy Roosevelt “chandelier” story Dick Cheney took a very different view. President Bush was heavily influenced by Cheney, going so far as to say “When Dick Cheney’s talking, it’s me talking.”Dick Cheney took a very different view. President Bush was heavily influenced by Cheney, going so far as to say “When Dick Cheney’s talking, it’s me talking.”

16. Vice-Presidential Powers and Duties The Constitution only gives the Vice President two duties besides becoming President if the President is removed from office:The Constitution only gives the Vice President two duties besides becoming President if the President is removed from office: 1) to preside over the Senate, and 2) to help decide the question of presidential disability. If the office of Vice President becomes vacant, the President nominates a new Vice President subject to the approval of Congress.If the office of Vice President becomes vacant, the President nominates a new Vice President subject to the approval of Congress. Today, the Vice President often performs diplomatic and political chores for the President.Today, the Vice President often performs diplomatic and political chores for the President.

17. Review Questions What are the three legal qualifications to serve as President?What are the three legal qualifications to serve as President? What is the maximum number of years a person can serve as President?What is the maximum number of years a person can serve as President? How do most states award their electoral votes?How do most states award their electoral votes? After the Vice-President, what are the next three positions in the line of presidential successors?After the Vice-President, what are the next three positions in the line of presidential successors? What is the formula for determine the number of electors each state has?What is the formula for determine the number of electors each state has? The President’s appointment power is checked by the requirement that the _________ confirm many appointments by a ______ vote.The President’s appointment power is checked by the requirement that the _________ confirm many appointments by a ______ vote.