1. Executive Branch – The Presidency
Unit III - Part 1

2. Constitutional Provisions
Qualifications
Natural born citizen
35 or older
14 year residency in US
Election
Electoral College
Created by article II of the Constitution
State’s electors = senators + representatives

3. Constitutional Provisions
23rd Amendment
Addition of three electors from D.C.
Choice of Electors
Determined by state legislatures ( )
Determined by popular vote (1832-present)
S. Carolina state leg until 1864

4. Constitutional Provisions
Distribution of a state’s electoral votes to candidates
Determined by state legislatures
Winner-take-all – all votes to winner
Except in Maine and Nebraska – congressional districts
Tallying of Votes
Meetings in state capitals in December
Mailing of Votes to D.C.
Clarification in 12th Amendment (1804)
One vote for president and one for VP

5. Constitutional Provisions
Decision of the Electoral College
Selection of President by a majority vote
Procedure with no majority vote
Selection by House of Reps with one vote per state
If state’s reps tie then no vote
Problems with current situation
Distribution of votes not in line with popular vote with winner-take-all system
No binding rule on electors to vote for the party candidate

6. Historical controversies
1796 election
Selection of John Adams from Federalist Party as president
Selection of Th. Jefferson from Democratic-Republican Party as VP
1800 election
Nomination of electors by the two political parties
Tie vote between D-R’s Th Jefferson (pres) and Aaron Burr (VP)
Selection by House of Jefferson as Pres and Burr as VP
Result – passage of 12th amendment
Separate elections for president and VP

7. Election of 1824 Election of 1888
Only a plurality of popular and electoral votes for Andrew Jackson
Selection of John Quincy Adams as pres by House
Belief by Jackson of a “corrupt bargain” between JQA and Henry Clay
Election of 1888
Plurality of popular vote for Grover Cleveland
Selection of Benjamin Harrison as president by the electoral college – 233 to 168

8. Election of 2000 Plurality of vote for Al Gore
Selection of George W. Bush as pres by electoral college 271 to 267
Bush v. Gore, 2000

9. Constitutional Provisions
Term of office
4 year term with no limit on the number of terms
Precedent of 2 terms by Geo. Washington until FDR’s election to a third and fourth term
Limitation on terms in the 22nd amendment (1951)
2 consecutive elected terms with a maximum of 10 years in office if succeeded to office

10. Constitutional Provisions
Succession
Reasons for accession of the VP to Pres
Death, Resignation, Impeachment
Temporary or permanent inability of the pres to perform executive duty
Outline of steps in decision in 25th amendment (1967)
Notification by the pres or by VP and majority of Cabinet in writing to Congress
Vote of 2/3 of Congress

11. Constitutional Provisions
Presidential Succession Act (1947)
Succession beyond the VP
Speaker of the House
President pro tempore of the Senate
Secretary of State
Rest of Cabinet
Appointment by president with Senate approval of new VP when office is vacant
25th Amendment (1967)

12. Congressional Provisions
Compensation
Salary
$400,000 per year since 2001
%50,000 per year expense account
Housing
White House
Camp David

13. Transportation Fringe benefits Pensions Air Force One Helicopters Cars
Health Care
Travel and Entertainment
Secret Service Protection
Pensions
$151,800 per year (2001), plus up to $150,000 for office and staff
Former First Lady - $20,000 per year (2001)