1. THE AMERICAN PRESIDENCY UNIT 16

2. Preview Constitutional Convention (1787) Constitutional Convention (1787) Powers of the President: executive, judicial, legislative, foreign affairs, military Powers of the President: executive, judicial, legislative, foreign affairs, military Checks and balances: limitations of presidential powers Checks and balances: limitations of presidential powers Elections Elections Impeachment Impeachment

3. THE CONSTITUTIONAL CONVENTION Philadelphia, May-Sept.1787 The Founding Fathers had two opposing fears regarding the office of the Presidency: The Founding Fathers had two opposing fears regarding the office of the Presidency: 1) Making it too powerful might lead to a tyranny 1) Making it too powerful might lead to a tyranny 2) Making it too weak might repeat the mistakes of the Articles of Confederation 2) Making it too weak might repeat the mistakes of the Articles of Confederation Independent executive with definite and important powers and limitations upon those powers Independent executive with definite and important powers and limitations upon those powers

4. THE CONSTITUTION OF THE U.S. ARTICLE II The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected The President shall be commander in chief of the army and navy of the United States The President shall be commander in chief of the army and navy of the United States

5. THE CONSTITUTION OF THE U.S. ARTICLE II He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, with the advice and consent of the Senate (...) ambassadors, other public ministers and consuls, judges of the Supreme Court and all other officers of the United States, whose appointments are not herein otherwise provided for He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, with the advice and consent of the Senate (...) ambassadors, other public ministers and consuls, judges of the Supreme Court and all other officers of the United States, whose appointments are not herein otherwise provided for

6. POWERS OF THE PRESIDENT Executive Executive Legislative Legislative Judicial Judicial Foreign Affairs Foreign Affairs Military Powers Military Powers

7. Executive Powers The President enforces the Constitution and the laws passed by Congress; executive orders The President enforces the Constitution and the laws passed by Congress; executive orders Appoints all important government officials, including Cabinet officers and members of administrative agencies Appoints all important government officials, including Cabinet officers and members of administrative agencies The head of state, ceremonial head of the government and symbol of national unity The head of state, ceremonial head of the government and symbol of national unity

8. Appointments An incoming president may make up to 6,000 appointments before he takes office and 8,000 more during his term. Ambassadors, members of the Cabinet, and other federal officers - appointed by a president with the “advice and consent” of a majority of the Senate An incoming president may make up to 6,000 appointments before he takes office and 8,000 more during his term. Ambassadors, members of the Cabinet, and other federal officers - appointed by a president with the “advice and consent” of a majority of the Senate “

9. Executive order A directive issued by the President, the head of the executive branch of the federal government A directive issued by the President, the head of the executive branch of the federal government In other countries, similar edicts are known as decrees. In other countries, similar edicts are known as decrees. Some orders - the force of law when made in pursuance of certain Acts of Congress, when those acts give the President discretionary powers. Some orders - the force of law when made in pursuance of certain Acts of Congress, when those acts give the President discretionary powers.

10. Executive order Wars have been fought upon executive order, including the 1999 Kosovo War during Bill Clinton’s second term in office. Wars have been fought upon executive order, including the 1999 Kosovo War during Bill Clinton’s second term in office. All such wars have had authorizing resolutions from Congress. All such wars have had authorizing resolutions from Congress. The extent to which the president may exercise military power independently of Congress and the scope of the War Powers Resolution: unresolved constitutional issues The extent to which the president may exercise military power independently of Congress and the scope of the War Powers Resolution: unresolved constitutional issues All Presidents have complied with the terms of the Resolution while maintaining that they are not constitutionally required to do so. All Presidents have complied with the terms of the Resolution while maintaining that they are not constitutionally required to do so.

11. Legislative Powers Obama signing legislation

12. Legislative Powers The President may request that Congress pass specific legislation The President may request that Congress pass specific legislation The power of veto The power of veto As head of his political party, he may influence the votes of the party members in Congress As head of his political party, he may influence the votes of the party members in Congress

13. Legislative powers The first power the Constitution confers upon the president is the veto The Presentment Clause requires any bill passed by Congress to be presented to the president before it can become law. The first power the Constitution confers upon the president is the veto The Presentment Clause requires any bill passed by Congress to be presented to the president before it can become law.

14. Legislative powers Once the legislation has been presented, the president has 3 options: Once the legislation has been presented, the president has 3 options: 1) Sign the legislation; the bill becomes law. 1) Sign the legislation; the bill becomes law. 2) Veto the legislation and return it to Congress, expressing any objections; the bill does not become law, unless each house of Congress votes to override the veto by a two-thirds vote. 2) Veto the legislation and return it to Congress, expressing any objections; the bill does not become law, unless each house of Congress votes to override the veto by a two-thirds vote. 3) Take no action 3) Take no action

15. Pocket veto If the president neither signs nor vetoes the legislation, after 10 days, not counting Sundays, two possible outcomes emerge: If the president neither signs nor vetoes the legislation, after 10 days, not counting Sundays, two possible outcomes emerge: 1) If Congress is still convened, the bill becomes law. 2)If Congress has adjourned, thus preventing the return of the legislation, the bill does not become law. This latter outcome is known as the pocket veto.

16. Legislative powers President cannot directly introduce legislative proposals for consideration in Congress. President cannot directly introduce legislative proposals for consideration in Congress. He can take an indirect role in shaping legislation, esp. if the president's party has a majority in one or both houses of Congress. He can take an indirect role in shaping legislation, esp. if the president's party has a majority in one or both houses of Congress.

17. Legislative powers President or other officials of the executive branch may draft legislation and then ask senators or representatives to introduce them into Congress. President or other officials of the executive branch may draft legislation and then ask senators or representatives to introduce them into Congress. President can further influence the legislative branch through constitutionally mandated, periodic reports to Congress. President can further influence the legislative branch through constitutionally mandated, periodic reports to Congress. These reports may be either written or oral, but today are given as the State of the Union Address, which often outlines the president's legislative proposals for the coming year. These reports may be either written or oral, but today are given as the State of the Union Address, which often outlines the president's legislative proposals for the coming year.

18. Judicial Powers The President may grant pardons in cases involving federal crimes, except in cases of impeachment The President may grant pardons in cases involving federal crimes, except in cases of impeachment Appoints all federal judges Appoints all federal judges

19. Powers Over Foreign Affairs Determines the foreign policy of the nation and is responsible for the conduct of foreign affairs Determines the foreign policy of the nation and is responsible for the conduct of foreign affairs Appoints the Secretary of State, ambassadors, consuls and ministers Appoints the Secretary of State, ambassadors, consuls and ministers Directs diplomatic matters and negotiates treaties with other countries Directs diplomatic matters and negotiates treaties with other countries Receives foreign ambassadors, may recognize or refuse to recognize foreign governments Receives foreign ambassadors, may recognize or refuse to recognize foreign governments

20. Military Powers Commander-in-chief of the armed forces Commander-in-chief of the armed forces Appoints the top military commanders and may remove them from their commands Appoints the top military commanders and may remove them from their commands May order the armed forces into action within the U.S. and in other countries May order the armed forces into action within the U.S. and in other countries

21. LIMITATIONS ON PRESIDENTIAL POWERS: Executive Powers Appointments of important government officials require approval by a majority of the Senate Appointments of important government officials require approval by a majority of the Senate Executive orders may be challenged in the courts and reviewed as to their constitutionality Executive orders may be challenged in the courts and reviewed as to their constitutionality

22. Limitations of Legislative Powers President’s requests for legislation need not be passed by Congress President’s requests for legislation need not be passed by Congress His veto may be overriden by a two-thirds vote of each House of the Congress His veto may be overriden by a two-thirds vote of each House of the Congress His party members may refuse to back up his programs His party members may refuse to back up his programs

23. Limitations on Judicial Powers Appointments of federal judges require the approval of a majority of the Senate Appointments of federal judges require the approval of a majority of the Senate Federal judges have life tenure and decide cases independently of Presidential wishes or judgement Federal judges have life tenure and decide cases independently of Presidential wishes or judgement Power to grant pardon does not extend to cases of impeachment Power to grant pardon does not extend to cases of impeachment

24. Foreign Affairs Appointments of major foreign affairs officials require the approval of a majority of the Senate Appointments of major foreign affairs officials require the approval of a majority of the Senate Treatises with other countries go into effect only if ratified by two-thirds majority of the Senate Treatises with other countries go into effect only if ratified by two-thirds majority of the Senate His foreign policies may be examined and criticized by Congress committees His foreign policies may be examined and criticized by Congress committees

25. Limitations on Military Powers Presidential authority does not extend to declaring war, for that power resides exclusively in Congress Presidential authority does not extend to declaring war, for that power resides exclusively in Congress Management of the military depends upon Congressional legislation authorizing conscription and development of weapons Management of the military depends upon Congressional legislation authorizing conscription and development of weapons Funds for military expenditures require Congressional allocations of funds Funds for military expenditures require Congressional allocations of funds

26. Elections Article II, Section 1, Clause 5 of the Constitution sets the requirements to hold office. A president must: Article II, Section 1, Clause 5 of the Constitution sets the requirements to hold office. A president must: be a natural-born citizen of the United States; be a natural-born citizen of the United States; be at least thirty-five years old; be at least thirty-five years old; have been a permanent resident in the U.S. for at least 14 years. have been a permanent resident in the U.S. for at least 14 years.

27. Elections 2 stages: 2 stages: 1) the people in each state choose the list of presidential electors for the state 1) the people in each state choose the list of presidential electors for the state 2) electors from all the states cast their votes for presidential candidates 2) electors from all the states cast their votes for presidential candidates

28. Elections When the voters of each state choose presidential electors, they have to choose between a Democratic and a Republican list When the voters of each state choose presidential electors, they have to choose between a Democratic and a Republican list

29. Elections Late in the summer before the election, each of the two main parties has already chosen its candidate Late in the summer before the election, each of the two main parties has already chosen its candidate

30. Campaigns and nomination Modern presidential campaign begins before the primary elections, which the two major political parties use to clear the field of candidates before their national nominating conventions, where the most successful candidate is made the party's nominee for president. Modern presidential campaign begins before the primary elections, which the two major political parties use to clear the field of candidates before their national nominating conventions, where the most successful candidate is made the party's nominee for president.

31. Campaigns and nomination The party's presidential candidate chooses a vice presidential nominee. The party's presidential candidate chooses a vice presidential nominee. Nominees participate in nationally televised debates, usually restricted to the Democratic and Republican nominees Nominees participate in nationally televised debates, usually restricted to the Democratic and Republican nominees Nominees campaign across the country to explain their views, convince voters and solicit contributions. Much of the modern electoral process is concerned with winning swing states through frequent visits and mass media Nominees campaign across the country to explain their views, convince voters and solicit contributions. Much of the modern electoral process is concerned with winning swing states through frequent visits and mass media

32. Elections The president is elected indirectly The president is elected indirectly A number of electors, collectively known as the Electoral College, officially select the president. A number of electors, collectively known as the Electoral College, officially select the president. On Election Day, voters in each of the states cast ballots for these electors. On Election Day, voters in each of the states cast ballots for these electors.

33. Elections Each state - allocated a number of electors, equal to the size of its delegation in both Houses of Congress combined. Each state - allocated a number of electors, equal to the size of its delegation in both Houses of Congress combined.

34. Electoral College map 2012 President Obama won the popular vote in 26 states ( blue) to capture 332 electoral votes. Former Governor Romney won the popular vote in 24 states (red) to capture 206 electoral votes

35. Electoral college Electors are almost always pledged to particular presidential and vice presidential candidates, though unpledged electors are possible Electors are almost always pledged to particular presidential and vice presidential candidates, though unpledged electors are possible all electors pledged to the presidential candidate who wins the most votes in a state become electors for that state all electors pledged to the presidential candidate who wins the most votes in a state become electors for that state

36. Elections The president and Vice-President - indirectly elected by the people through the Electoral College to a four-year term, The president and Vice-President - indirectly elected by the people through the Electoral College to a four-year term, 22nd Amendment, adopted in 1951, prohibits anyone from being elected to the presidency for a third full term. 22nd Amendment, adopted in 1951, prohibits anyone from being elected to the presidency for a third full term.

37. Elections The winning slate of electors meet at its state's capital on the first Monday after the second Wednesday in December, about 6 weeks after the election, to vote. The winning slate of electors meet at its state's capital on the first Monday after the second Wednesday in December, about 6 weeks after the election, to vote. They then send a record of that vote to Congress. The vote of the electors is opened by the sitting vice president—acting in his capacity as President of the Senate —and read aloud to a joint session of the incoming Congress, which was elected at the same time as the president. They then send a record of that vote to Congress. The vote of the electors is opened by the sitting vice president—acting in his capacity as President of the Senate —and read aloud to a joint session of the incoming Congress, which was elected at the same time as the president.

38. Elections Pursuant to the 20th Amendment, the president's term of office begins at noon on January 20 of the year following the election. Pursuant to the 20th Amendment, the president's term of office begins at noon on January 20 of the year following the election. This date, known as Inauguration Day, marks the beginning of the four-year terms of both the president and the vice-president. This date, known as Inauguration Day, marks the beginning of the four-year terms of both the president and the vice-president.

39. Presidential Oath Before executing the powers of the office, a president is constitutionally required to take the presidential oath: Before executing the powers of the office, a president is constitutionally required to take the presidential oath: “I do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States” “I do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States”

40. 1st American President George Washington (February 22, 1732 -December 14, 1799)

41. Impeachment Power of Congress An extreme check upon the President An extreme check upon the President Formal accusation made by a legislature against a public official charging crime or serious misconduct Formal accusation made by a legislature against a public official charging crime or serious misconduct

42. Impeachment against the President The House of Representatives by majority vote may bring impeachment charges against the President for “treason, bribery, or other high crimes and misdemeanors” The House of Representatives by majority vote may bring impeachment charges against the President for “treason, bribery, or other high crimes and misdemeanors” The Senate, with the Chief Justice of the Supreme Court presiding, acts as the jury and hears the charges The Senate, with the Chief Justice of the Supreme Court presiding, acts as the jury and hears the charges The Senate requires a two-thirds vote to declare the President guilty and remove him from office The Senate requires a two-thirds vote to declare the President guilty and remove him from office

43. The Impeachment of Andrew Johnson (1868) Johnson became President following Lincoln’s assassination (1865) Johnson became President following Lincoln’s assassination (1865) Retained Lincoln’s Cabinet, including Secretary of War Edwin Stanton, who demanded harsh measures against the South Retained Lincoln’s Cabinet, including Secretary of War Edwin Stanton, who demanded harsh measures against the South Johnson favored lenient treatment of the South Johnson favored lenient treatment of the South

44. The Impeachment of Andrew Johnson (1868) The Tenure of Office Act (1867) prohibited the President from discharging any major government official without consent of the Senate; in spite of this, Johnson fired Stanton The Tenure of Office Act (1867) prohibited the President from discharging any major government official without consent of the Senate; in spite of this, Johnson fired Stanton Impeached by the House of Representatives Impeached by the House of Representatives Tried before the Senate, Johnson was declared not guilty by a one-vote margin Tried before the Senate, Johnson was declared not guilty by a one-vote margin

45. The Resignation of Richard Nixon (1974) Watergate: 1) a series of political scandals, Watergate: 1) a series of political scandals, 2) the June 1972 break-in at Democratic national headquarters in Washington at the Watergate apartments to steal documents and “bug” the offices, and the subsequent efforts to hide involvement of top administration officials by a cover-up 2) the June 1972 break-in at Democratic national headquarters in Washington at the Watergate apartments to steal documents and “bug” the offices, and the subsequent efforts to hide involvement of top administration officials by a cover-up

46. The Resignation of Richard Nixon (1974) Nixon claimed he had no knowledge of the Watergate break-in; Nixon claimed he had no knowledge of the Watergate break-in; refused the prosecutor’s request to hand in additional tapes on the ground of executive privilege – the right of the President to maintain the confidentiality of his records refused the prosecutor’s request to hand in additional tapes on the ground of executive privilege – the right of the President to maintain the confidentiality of his records

47. The Resignation of Richard Nixon (1974) Two articles of impeachment: Two articles of impeachment: 1) obstructing justice in the Watergate cover-up 1) obstructing justice in the Watergate cover-up 2) abuse of Presidential power for personal purposes 2) abuse of Presidential power for personal purposes

48. The Impeachment of Bill Clinton (1998) The House of Representatives voted on four articles of impeachment: The House of Representatives voted on four articles of impeachment: 1) obstruction of justice, 1) obstruction of justice, 2) lying under oath (perjury), 2) lying under oath (perjury), 3) witness tampering, 3) witness tampering, 4) abuse of power 4) abuse of power

49. The Impeachment of Bill Clinton (1998) The House approved two articles that accused Clinton of perjury and obstruction of justice The House approved two articles that accused Clinton of perjury and obstruction of justice The Senate rejected both articles of impeachment in February 1999 The Senate rejected both articles of impeachment in February 1999 Both Senate votes fell considerably short of the two-thirds majority required for a conviction Both Senate votes fell considerably short of the two-thirds majority required for a conviction

50. Summary Constitutional powers of the President: Constitutional powers of the President: Head of state Head of state Chief executive Chief executive Commander in chief Commander in chief Chief diplomat Chief diplomat Legislator Legislator Limitations of presidential powers: “checks and balances” Limitations of presidential powers: “checks and balances” Elections Elections Impeachment Impeachment

51. Legal terms A proposed or projected law: A proposed or projected law: Bill Bill Accusation of a public official for misconduct, aiming at his removal from office Accusation of a public official for misconduct, aiming at his removal from office impeachment impeachment

52. Legal terms A written accusation that person has committed a crime A written accusation that person has committed a crime Indictment Indictment A person who institutes an official prosecution before a court A person who institutes an official prosecution before a court Prosecutor Prosecutor To examine or investigate judicially To examine or investigate judicially Try Try To find or declare guilty of an offence or crime To find or declare guilty of an offence or crime convict convict

53. Legal terms A betraying, treachery, or breach of faith against the government: A betraying, treachery, or breach of faith against the government: Treason Treason The taking or giving money for the performance or non-performance of a public duty The taking or giving money for the performance or non-performance of a public duty bribery bribery

54. Legal terms A crime of a serious or aggravated nature; an offence which the U.S. Senate deems to constitute adequate grounds for removal of the president, vice president, or any civil officer as a person unfit to hold public office and deserving of impeachment A crime of a serious or aggravated nature; an offence which the U.S. Senate deems to constitute adequate grounds for removal of the president, vice president, or any civil officer as a person unfit to hold public office and deserving of impeachment High crime High crime

55. Legal terms Misbehaviour or misconduct; otherwise, a less serious crime that is punishable by a fine or a prison sentence of short duration Misbehaviour or misconduct; otherwise, a less serious crime that is punishable by a fine or a prison sentence of short duration Misdemeanor Misdemeanor Deliberate violation of a rule of law or standard of behavior, especially by a government official Deliberate violation of a rule of law or standard of behavior, especially by a government official misconduct misconduct

56. Fill in the missing words: appoints, chief Congress, enforces, Executive, government, orders, ___powers. The President___ the Constitution and the laws passed by___. For these purposes, he may issue executive___. He___ all important government officials, including Cabinet officers and members of administrative agencies. He is the ___of state, or ceremonial head of the ____and symbol of national unity. ___powers. The President___ the Constitution and the laws passed by___. For these purposes, he may issue executive___. He___ all important government officials, including Cabinet officers and members of administrative agencies. He is the ___of state, or ceremonial head of the ____and symbol of national unity.

57. Key Executive Powers. The President enforces the Constitution and the laws passed by Congress. For these purposes, he may issue executive orders. He appoints all important government officials, including Cabinet officers and members of administrative agencies. He is the chief of state, or ceremonial head of the government and symbol of national unity. Executive Powers. The President enforces the Constitution and the laws passed by Congress. For these purposes, he may issue executive orders. He appoints all important government officials, including Cabinet officers and members of administrative agencies. He is the chief of state, or ceremonial head of the government and symbol of national unity.

58. Put the verbs in brackets into appropriate forms The legislative powers of the President ____(limit, passive). His requests for legislation need not __(pass, passive) by Congress either in regular of special sessions. His veto may ___(override, passive) by a two-thirds vote of each House of Congress. His party members may ___(refuse) to back his program The legislative powers of the President ____(limit, passive). His requests for legislation need not __(pass, passive) by Congress either in regular of special sessions. His veto may ___(override, passive) by a two-thirds vote of each House of Congress. His party members may ___(refuse) to back his program

59. Key The legislative powers of the President are limited. His requests for legislation need not be passed by Congress either in regular of special sessions. His veto may be overriden by a two-thirds vote of each House of Congress. His party members may refuse to back his program The legislative powers of the President are limited. His requests for legislation need not be passed by Congress either in regular of special sessions. His veto may be overriden by a two-thirds vote of each House of Congress. His party members may refuse to back his program

60. appointments, impeachment, judicial, judgment, pardons, Senate, tenure The ___powers of the President are limited. His___ of federal judges require the approval of a majority of the___. Federal judges have life___ and decide cases independently of Presidential wishes or___. His power to grant ___for federal offenses does not extend to cases of___. The ___powers of the President are limited. His___ of federal judges require the approval of a majority of the___. Federal judges have life___ and decide cases independently of Presidential wishes or___. His power to grant ___for federal offenses does not extend to cases of___.

61. Key: The judicial powers of the President are limited. His appointments of federal judges require the approval of a majority of the Senate. Federal judges have life tenure and decide cases independently of Presidential wishes or judgment. His power to grant pardons for federal offenses does not extend to cases of impeachment. The judicial powers of the President are limited. His appointments of federal judges require the approval of a majority of the Senate. Federal judges have life tenure and decide cases independently of Presidential wishes or judgment. His power to grant pardons for federal offenses does not extend to cases of impeachment.