1. The Executive
5.5 The President

2. Qualifications Listed in Article II of the Constitution
Natural Born Citizen
At least 35 years old
Resident of the US for 14 years prior to election

3. Historical Characteristics
Political or Military experience
Political acceptability
Married
White male
Protestant
Northern European ancestry

4. Term and Tenure Popularly elected American concept
Federalist #70 explains reasons for
Single executive
Elected indirectly through the electoral college
Four year terms
Number of terms was unlimited until 1951 and the 22nd amendment

5. Succession and Disability
Constitution says
If president can no longer serve in office the Vice President will carry out the powers and duties of the office
Does not state he will become the president
Tradition started with the death of WH Harrison

6. 25th Amendment VP becomes President
New president nominates a new VP with approval of both houses of Congress
If the president is unable to perform the duties of his office
VP may become “acting” president under 1 of these conditions

7. Disability conditions of the 25th amendment
The president informs congress of the inability to perform the duties of his office
The VP and a majority of the cabinet inform Congress in writing that the president is disabled and unable to perform those duties
The president may resume his duties upon informing congress no disability exists
IF VP and cabinet disagree, congress has 21 days to decide the issue by a 2/3rd vote of both houses

8. Impeachment and Removal
Allows for charges of wrongdoing against a governmental official
House of Reps, brings charges
Treason, bribery or other high crimes and misdemeanors
Once charges have been levied by the House, the senate sits in judgement
If found guilty the official MAY be removed from office
Conviction requires a 2/3 vote of the senate

9. The Vice President Used to bury politicians
Constitutional has 2 duties
Preside over the Senate, casting tie votes if necessary.
Help determine presidential disability under the 25th amendment and take over if necessary
Formal qualifications are the same as for the president
Does not have a limit on the number of terms he can serve, but must be able to take the presidency

10. The Vice President Selection occurs at the National Convention
Often based on desire to “balance the ticket”
To improve the candidates chances of winning the election
Choosing someone from a different faction within the party
Or a different geographic location in the country

11. The Vice President Today VP given more of a role
Takes part in cabinet meetings
Serves on the National Security Council
Acts as Presidents representative on diplomatic missions
Today more attention is given to the background, health, and other qualifications of Vice Presidents

12. Presidential powers Article II of the constitution
The executive power of the government shall be invested in the President of the United States
Power of the Modern President
Comes from the men who have held the office and shaped the use of those powers

13. The Imperial Presidency
After the 1960’s political scientists argued that the presidency had become so powerful that a form of imperial presidency existed
Prior to the 1960’s the executive branch was small, with few staff,
With the great depression the powers and executive agencies expanded, effectively bringing more power to the presidency
After 9-11 Bush and VP Cheney argued for greatly expanded powers of the presidency in both domestic and foreign affairs to “combat terrorism”

14. Formal Constitutional Powers
Commander-in-chief and thus has the power to deploy troops
Appoints all necessary ambassadors subject to Senate confirmation
Negotiates treaties, which are then subject to Senate Ratification
Sole power to recognize nations
Receives ambassadors and other public ministers

15. Informal Powers Party powers Leader of the party
Choses the vice-presidential nominee
Strengthens the party by helping members get elected (coattails)
Appoints party members to government positions (patronage)
Influences policies and platform of the party

16. Informal Powers cont.
Recognized as global leader who meats with world leaders to build international coalitions
Expected to manage international crisis
Has access to confidential information that is not available to Congress or the public

17. *****Policy Agenda*****
???? How might the president use the powers of his office to influence it?

18. Executive agreements.
A pact between the president and the head of a foreign states.
Do not have to be approved by the senate
Do not have the power of law
Are not binding on future president

19. Executive Orders Have the same effect as law Bypass congress
Not mentioned in the constitution
Used as part of the enforcement powers of the president
1946 in Korematsu SCOTUS upheld relocation of Japanese Americans, today seen as a violation of civil liberties
May be rescinded by future presidents.

20. Executive privilege
Power of the president to refuse to disclose confidential information
US v Nixon
SCOTUS ruled in US v Nixon there is no guarantee of executive privilege
In prior cases had ruled that there is an executive privilege if the president can make a case for national security

21. Federalist #70 Federalist #70 explains reasons for Single executive
Elected indirectly through the electoral college
Four year terms

22. ***Modern debate***
How is the debate about the role of president, between a limited executive to a more expansive interpretation and use of power, reflected in modern events?