1. THE EXECUTIVE BRANCH

2. WHAT WERE THEY THINKING?
Founders wanted:
a multi-executive branch where everybody checked everybody
or….
one executive doing multiple tasks with significant power
Compromise: one executive, some power with checks

3. CONSTITUTIONAL AUTHORITY
Article II, Sections 1-4
1 Establishes Presidency and Vice Presidency elected by the Electoral College for 4 year terms, qualifications, succession, salary and oath.
2 Commander and Chief, heads Cabinet, awards Reprieves and Pardons, negotiates treaties and confers federal appointments.
3 Presents the State of the Union, can convene congress in emergencies and is responsible for law implementation.
4 Impeachment-can be charged with treason, bribery or other high crimes and misdemeanors.

4. ESTABLISHING THE EXECUTIVE BRANCH
Inherent powers: presidential powers not explicitly noted in Constitution but implied as related to the office’s powers.

5. CONSTITUTIONAL AMENDMENTS
12th Separate ballots (1804)
20th Term commencement (1933)
22nd Term limits (1951)
25th Succession (1967) VP
Inability to perform

6. OATH OF OFFICE
“I do solemnly swear that I will faithfully execute the Office of the President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

7. ROLES Commander in Chief (leader of the armed services)
Chief Legislator (recommends and acts on legislation)
Chief Diplomat (treaties, executive agreements)
Chief Administrator (leader of the bureaucracy, implements policy, appointments, reprieves/pardons)
Head (Chief) of State (represents country)
Head of his/her political party
                                                                                 

8. QUALIFICATIONS 35 years of age or older 14 years U..S. residency
Natural born citizen
                  

9. THE BENEFITS A nice house A salary of $400,000 per year (taxable)
Expense account of $50,000 per year (taxable)
Travel expenses of $100,000 per year (tax-free)
Secret Service protection*
Pension, on retirement, cabinet member's salary (taxable)
Staff support on leaving the presidency
A place in the country - Camp David
A personal airplane - Air Force One
A fine chef (24/7)

10. FLAT BROKE AND BUSTED
Some presidents left office impoverished including James Monroe, Ulysses S. Grant and Harry Truman.
Herbert Hoover accepted funds to save Harry Truman from embarrassment.

11. TAKING CARE OF THE EX’es
1958 Former Presidents’ Act
Salary: equal to Cabinet Secretaries
Health care
Secret Service Protection (inc. immediate family)
Use of residence at 716 Jackson Pl. (D.C.)
Operating budget: office, equipment, supplies, postage, secretary etc.
Can address the Senate

12. 2006 EXPENSES*
Pensions, staff salaries/benefits, travel, office rental, telephone, postage, printing, supplies, equipment etc. (per year)
Ford-$542,000
Carter-$504,000
Bush-$728,000
Clinton-$1,125,000
Total: $2,899,000
*plus Secret Service protection,
medical care, presidential
library and a State funeral

13. PENSION BENEFITS
Former presidents (regardless of terms) 180,100 (equal to cabinet secretaries)
Former vice-presidents $27,653 after eight years of service
Former chief justice $208,100 annually (full salary) after reaching 65 years of age and 15 years of service
Former associate justices $199,200

14. PRESIDENTS BY AGE (Years and Tenths of a Year)
YOUNGEST
Teddy Roosevelt 42.9
John Kennedy 43.7
Bill Clinton 46.4
Ulysses Grant 46.9
Grover Cleveland 48.0
OLDEST
Zachary Taylor 64.3
George Bush 64.6
James Buchanan 65.9
William Harrison 68.1
Ronald Reagan 69.9*
*Oldest living-Reagan, 93 (died in 2004)

15. ROOSEVELT AND REAGAN
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16. DOES IT MATTER? Lincoln 6’4” J.Q. Adams 5’7” L. Johnson 6’3”
Clinton 6’2”½”
Jefferson 6’2 ½”
Arthur 6’2”
J.Q. Adams 5’7”
McKinley 5’7”
Harrison 5’6”
Van Buren 5’6”
Madison 5’4”

17. MADISON AND LINCOLN

18. CHOOSING THE PRESIDENT The Electoral College

19. BY THE NUMBERS Winning in the Electoral College
Total electors voting: 538
House (435), Senate (100), Wash. DC (3)*
Needed to win: 270
Vote in December (following the popular vote in November), results announced in January
*awarded by the 23rd amendment in 1961

20. NO MAJORITY (270)?
Without a majority the House votes for President and the Senate selects the Vice President. Each state gets one vote.
1800 tie-Thomas Jefferson and Aaron Burr
House chose Jefferson
1824 Quincy Adams and Andrew Jackson
House chose Adams

21. THE ELECTORS
Electors chosen by each state’s political parties (Republican, Democrat, Green etc.)
Results are forwarded to Washington DC
Electors traditionally vote according to the majority vote in their respective states
Electors are not required to vote as their state votes (has occurred and has not been a factor in any election)

22. ELECTORAL COLLEGE REPRESENTATOIN
California leads the nation with the largest delegation in the Electoral College:
53 Representatives
2 Senators
55 Electoral voters
Note: 33 Democrats, 20 Republicans (House)
2 Democrats (Senate)

23. ELECTORAL COLLEGE Article II, Section 1 People vote for electors
Electors vote for Pres. & V.P.
Each state (Reps. + Sens.)
Needed 270 to win (538 total)
Count by current Vice President
Popular vote-1st Tuesday in November
College vote-1st Monday after the 2nd Wednesday in December
House and Senate responsibilities if electoral majorities are not attained

24. BUT I WON! 1876 Hayes won electoral vote, Tilden popular vote.
1888 Harrison won electoral vote, Cleveland won popular vote.
2000 Bush won electoral vote, Gore won popular vote.

26. 2000 and 2004 elections
2000 Bush v Gore
2004 Bush v Kerry

27. MULTIPLE TERMS SINCE 1900
Wilson, FDR, Eisenhower, Nixon, Reagan, Clinton and George W.
Four failed-Taft, Hoover, Carter and George H.W. Bush

28. POWERS State of the Union
Treaties
Veto (pocket, line item)*
Impoundment (withholding or deferring funds) 1984 act
Appointments (recess)
*Pocket veto cannot be
overridden ( )
President Clinton was
authorized by Congress to
employ the power of the line veto
Executive Privilege (1974, except in criminal proceedings)
Legislative
Executive Orders (given to the Bureaucracy clarifying treaties and laws)
Reprieves and Pardons (excepting impeachment convictions)
Executive Agreements (Case Act of 1972), 10 times # of treaties.

29. C’MON BACK……..
President can convene a special session of congress as related to national security
Last time 1933, FDR in the Great Depression
Can also adjourn Congress if it cannot agree to

30. THIS IS WHERE WE’VE BEEN, THIS IS WHERE WE ARE AND
THIS IS WHERE WE’RE GOING
State of the Union: president is required “from time to time” to address the congress
1790, Washington first address
1800 Jefferson broke tradition sent written message (practice lasted about 100 years)
1912 Wilson reestablished the oral tradition
1993 (Clinton) and 2001 (Bush) did not give State of the Unions (starting out first terms)
From duty to power?

31. WHEELIN’ AND DEALIN’ Executive Agreements To date approximately 5,000
Do not require Senate approval
Not binding on future administrations
Note: In the Case Act of President must inform congress of all executive agreements within sixty days. (foreign affairs)
Treaties
To date approximately 900
2-3’s approval vote of the Senate
Binding on future administrations

32. BY ORDER OF THE PRESIDENT
Executive orders must be based on laws passed by Congress or the constitutional powers of the President
per year

33. EXECUTIVE ORDERS 1863 President Lincoln’s Emancipation Proclamation
1948 President Truman, integration of the armed forces
1965 President Johnson on Affirmative Action on federal contracts
1976 President Ford, forbids assassination of foreign leaders
1980’s President Reagan banned abortion counseling in federally supported clinics
1993 President Clinton, troops in Kosovo and overturned Reagan’s on abortion counseling.

34. THE PARDON
The President has the authority to pardon anyone for a federal offense at any time during his/her presidency at any point in the criminal process (federal forgiveness)
Cannot pardon anyone convicted of impeachment
Cannot pardon him/herself
Commutation: cuts short an existing prison term

35. THE PARCDON PROCESS End of year tradition
Review by the Office of the Pardon Attorney (Department of Justice)
Final decision-President
Factors:
Seriousness of the crime
How old is the crime
Responsibility/remorse
Rehabilitation
Compelling need
Official recommendations

36. THE PARDON Article II, section 2 Virtually “Uncheckable”
Nixon pardon by Ford
Iran/Contra pardons by Bush
Rich pardon by Clinton
16-Washington
0-Harrison and Garfield
3,683-FDR
2,031-Truman
1187-Johnson
926-Nixon
Ford
563-Carter
406-Reagan
77-H.W. Bush
457-Clinton
113 Bush (through 2006)

37. THE PARDON
July 27-30, 1974 House Committee approved three articles of impeachment
August 9, 1974 President Nixon resigned the presidency under the threat of impeachment
President Ford pardoned President Nixon on September 8, 1974
Pardon may be granted to anyone suspected, accused or convicted of any crime.

38. NOTABLE PARDONS Civil War southerners Vietnam deserters Nixon
Iran Contra (Reagan’s agents)

39. A QUESTION OF LAW, THE VETO
A bill becomes law when:
the President signs it.
the President allows it to sit on his desk (unsigned) for 10 days while Congress is in session.
A bill does not become law when:
the President vetoes it.
the President allows it to sit on his desk (unsigned) for less than 10 days and Congress adjourns. This is called a “pocket veto”.

40. THE VETO-NOT! President’s ability to negate legislation.
Requires a 2/3 vote override in both houses.
President Bush in 1+ terms has vetoed one piece of legislation (embryonic stem cell research).
Since 1789: 2,551 vetoes, 106 overridden

41. BY THE NUMBERS PRESIDENTIAL VETOES*
Franklin Roosevelt, 635, success rate 97.6%
Harry Truman, 250, success rate 93.3%
Dwight Eisenhower, 181, success rate 97.3%
John Kennedy, 21, success rate 100%
Lyndon Johnson, 30, success rate 100%
Richard Nixon, 43, success rate 73.1%
Gerald Ford, 66, success rate 75%
Jimmy Carter, 31, success rate 84.6%
Ronald Reagan, 78, success rate 76.9%
George H.W. Bush, 46, success rate 96.6%
Bill Clinton, 36, success rate 94.4%
George W. Bush, 1, success rate 100%
*up to President Clinton most congresses were dominated by a majority of Democrats

42. OVER 200 MILITARY ACTIONS, 5 DECLARED WARS
War of 1812 ( ) with Great Britain over territorial and sea rights. (Madison)
Mexican-American War ( ) with Mexico over western and mid western territory (Polk)?
Spanish-American War (1898) with Spain over economic interests & terr. (McKinley)
WWI ( ) with Germany over national interests (Taft)
WW II ( ) with Germany, Japan & Italy in response to attack on Pearl Harbor

43. WAR POWER LAST FIFTY YEARS
Korea (N.Korea & China, Truman)
Viet Nam (N.Viet Nam & Viet Cong, Eisenhower, Kennedy, Johnson, Nixon)
1965 Dominican Republic (Dominican rebels, Johnson)
Lebanon (Syria & various Muslim & leftist Lebanese militias, Reagan)
1983 Grenada (Marxist Grenadian faction
& Cuba, Reagan)
1989 Panama (Panama, Bush)
1991-present Iraq (Iraq, Bush, Clinton, Bush)

44. WAR POWERS ACT*, A CHECK?
1973 Presidents required to consult with Congress when sending troops abroad to defend country or assist allies (within 48 hours) and must withdraw troops in sixty days if Congress does not declare war.
*passed over Nixon’s veto

45. EXTRAORDINARY POWERS
John Adams and the Alien and Sedition Acts (punishment of anti-government speech)
Abraham Lincoln and the suspension of habeas corpus (the right to challenge one’s detention by the government)
Woodrow Wilson and his support of prosecution of those who criticized the war effort (WWI)
Franklin Roosevelt and his detention of Japanese-Americans
Lyndon Johnson and his approval of domestic wiretapping on citizens (and some congresspersons)
Richard Nixon and his approval of domestic wiretapping of so called “subversives”
George W. Bush and his approval of domestic wiretapping of those suspected of terrorist ties

46. CAMP DAVID Home away from home….

47. EXECUTIVE OFFICE OF THE PRESIDENT (EOP)
Housed next to the White House (Eisenhower Building)
Four major policy making bodies
National Security Council (foreign and military
policy)
Council of Economic Advisors (Economic
Office of Management and Budget (oversees
development and management of the budget)
Office of Homeland Security (advises President on
matters regarding domestic security)

48. EXECUTIVE OFFICE OF THE PRESIDENT (EOP)
Council of Economic Advisors
Council of Environmental Quality
National Critical Materials Council
National Security Council
Office of Administration
Office of Management and Budget
Office of Policy Development
Office of the U.S. Trade Representative
Office of Science and Technology Policy
Office of the Vice President
Office of National Drug Control Policy
White House Office

49. THE DYNAMIC DUO
Vice President is completely dependent upon the President for his work.
The President is not authorized to remove the Vice President.
Next in succession
Heads the Senate, breaks ties (Cheney-11 times)
Earns $192,600 a year

50. VP, WHO WANTS IT?
“I do not propose to be buried until I am really dead.” Daniel Webster during down the VP in 1840
“Once there were two brothers. One ran away to sea the other was elected VP of the U.S. and nothing was heard of either of them again.” Thomas Marshall (Woodrow Wilson, )
“….like a man in a cataleptic fit, he cannot speak, he cannot move, he suffers no pain. He is perfectly conscious of all that goes on, but has no part in it.”
“I believe I’m entitled to make a few remarks because I’m about to enter a 4 year period of silence.” Charles Dawes (Calvin Coolidge, )
“The job….is not worth a pitcher of warm piss.” John Garner (Franklin Roosevelt, )
“Standby equipment” Nelson Rockefeller (Gerald Ford, 1975)

51. THANKS, BUT NO THANKS (2004 CAMPAIGN)
“I spent several years in a North Viet Nam prison camp, in the dark, fed with scraps. Do you think I want to do that all over again as Vice President?” John McCain, Senator, Arizona
“I would not accept it at gunpoint.” Bill Richardson, Governor, New Mexico

52. THE VICE PRESIDENT Constitutional provision Evolution of the position
History’s notables

53. THE LAUNCHING PAD?
14 vice presidents have advanced from their positions to the presidency…….
John Adams, 1796
Thomas Jefferson, 1800
Teddy Roosevelt, 1904
Lyndon Johnson, 1963
Richard Nixon, 1968
Gerald Ford, 1974
George Bush, 1988

54. CABINET
Departments: State (1789), Treasury (1789), Defense (1947, War, 1789, Navy 1798), Justice (1789), Interior (1849), Agriculture (1889), Commerce (1889), Labor (1913), Health & Human Resources (1953), Housing & Urban Development (1965), Transportation (1966), Energy (1977), Education (1979), Veterans Affairs (1989) and
Homeland Security (2003)

55. NATIONAL SECURITY COUNCIL
Purpose: Advise and assist President on National and Foreign security matters

56. CHECKS AND BALANCES

58. CONGRESSIONAL CHECKS
War Powers Act (1974) President may send troops into hostile action for 60 days notifying Congress within 48 hours
Case Act (Executive Agreements) President must notify Congress within hours
The Budget and Impoundment Control Act (1974)
President may delay spending unless forbidden by Congress
To terminate a program he must seek congressional approval within 45 days

59. IMPEACHMENTS

60. IMPEACHMENT, THE PROCESS
House member/committee requests an impeachment inquiry
Judicial Committee investigates to determine if evidence is sufficient
Judicial Committee conducts investigation, develops and votes on articles
House of Representatives considers and votes on Articles of Impeachment (majority vote)
Senate tries the accused as a jury of 100 with a team of House members prosecuting.
President is represented by his/her own legal team
Chief Justice presides
2/3 vote for conviction by the Senate and removal from office
The president, members of congress and judges may be impeached

61. THE INFAMOUS 2.5 1868 Andrew Johnson 1975 Richard Nixon*
                                          
1868 Andrew Johnson
1975 Richard Nixon*
1998 Bill Clinton
*Impeached by the House and resigned.

62. RICHARD M. NIXON
Watergate scandal-the break-in and subsequent cover-up
Executive privilege-maintaining the tapes
House articles-three approved for impeachment (summer, 1974)
Obstruction of justice, abuse of power, contempt of congress
Within weeks Nixon’s resignation

63. ASSASSINATIONS & ATTEMPTS
                                                                   

64. ASSASSINATIONS 1865 Abraham Lincoln 1881 James Garfield
1901 William McKinley
1963 John Kennedy

65. ATTEMPTS+ 1835 Andrew Jackson 1912 Teddy Roosevelt 1950 Harry Truman
1975 Gerald Ford (twice)
1981 Ronald Reagan*
+Teddy & Franklin Roosevelt
*The only President shot that survived.

66. RANKINGS Ridings & McIver, Murray, CSPAN etal.
Lincoln: preservation of the Union
FDR: Great Depression and World War II
Washington: establishing a national gov.
Jefferson: Declaration of Independence and Louisiana Purchase
T. Roosevelt: environmental protections

67. FROM FIRST TO WORST Warren Harding, 1920 Ulysses Grant, 1868
James Buchanan, 1856
Franklin Pierce, 1852
Andrew Johnson, 1865

68. NOBEL PEACE PRIZE Theodore Roosevelt (1906) various peace treaties
                                                                                                                                                        
Theodore Roosevelt (1906) various peace treaties
Woodrow Wilson (1919) League of Nations
Jimmy Carter (2002) international peace work
Barack Obama (2009)
International diplomacy

69. THE LAST TEN (1953-present)
Dwight Eisenhower-retired general
John Kennedy-House/Senate
Lyndon Johnson-House/Senate/VP
Richard Nixon-House/VP
Gerald Ford-House/VP
Jimmy Carter-Governor
Ronald Reagan-Governor
George Bush-House/VP
Bill Clinton-Governor
George W. Bush-Governor