The Presidency

The Presidency

Magruder Chapter 13Magruder Chapter 13

The President’s Roles

Chief of StateChief of State Rules and reignsRules and reigns

Chief ExecutiveChief Executive Vested with immensely broad powers in Vested with immensely broad powers in

both domestic and foreign affairsboth domestic and foreign affairs

Chief AdministratorChief Administrator Head of one of the largest government Head of one of the largest government

machines in the worldmachines in the world Chief DiplomatChief Diplomat

Speaks for the nation around the worldSpeaks for the nation around the world

Commander-in-ChiefCommander-in-Chief Head of the American militaryHead of the American military

Chief LegislatorChief Legislator Main architect of public policiesMain architect of public policies

Chief of PartyChief of Party Leader of his respective partyLeader of his respective party

Chief CitizenChief Citizen Representative of the peopleRepresentative of the people

Each role is played simultaneously and is Each role is played simultaneously and is inseparable from the othersinseparable from the others

Formal Qualifications

The President must be:The President must be: Article II, Section 1, Clause 5Article II, Section 1, Clause 5 35 years of age35 years of age Has lived in the United States for at least Has lived in the United States for at least

14 years14 years Is a natural-born citizen, or a citizen at Is a natural-born citizen, or a citizen at

the time of the adoption of the US the time of the adoption of the US ConstitutionConstitution

The President’s Term of Office

The President is elected for a four-year termThe President is elected for a four-year term Article II, Section 1, Clause 1Article II, Section 1, Clause 1

Originally could serve as long as the Originally could serve as long as the Electoral College would elect himElectoral College would elect him

Today, can only be elected to two full termsToday, can only be elected to two full terms Twenty-Second AmendmentTwenty-Second Amendment

Pay and Benefits

The pay of the PresidentThe pay of the President $400,000 per year$400,000 per year Fixed by CongressFixed by Congress Washington paid $25,000 per yearWashington paid $25,000 per year $50,000 taxable expense account$50,000 taxable expense account Pension of $181,100 per yearPension of $181,100 per year Many other perks.Many other perks.

Presidential Succession

The Constitution and Succession

If the President dies, resigns, or is removed If the President dies, resigns, or is removed from office, the Vice President succeeds to from office, the Vice President succeeds to the officethe office


The Constitution states: “In case of the The Constitution states: “In case of the removal of the president from office, or of removal of the president from office, or of his death, resignation, or inability to his death, resignation, or inability to discharge the powers and duties of the said discharge the powers and duties of the said office, the same shall devolve upon the office, the same shall devolve upon the Vice President.”Vice President.”

Article II, Section 1, Clause 6Article II, Section 1, Clause 6


John Tyler took the office in 1841 instead John Tyler took the office in 1841 instead of becoming acting presidentof becoming acting president

2525thth Amendment Amendment ““In case of the removal of the President In case of the removal of the President

from office or his death or resignation, the from office or his death or resignation, the Vice President shall become President”Vice President shall become President”


Presidential Succession Act of 1792Presidential Succession Act of 1792 President, Vice President, President President, Vice President, President pro pro

temporetempore, Speaker of the House, Speaker of the House Special Election to fill the VacancySpecial Election to fill the Vacancy


Presidential Succession Act of 1886Presidential Succession Act of 1886 President, Vice President, Secretary of President, Vice President, Secretary of

State, Secretary of the Treasury, etc.State, Secretary of the Treasury, etc.


Presidential Succession Act of 1947Presidential Succession Act of 1947 President, Vice President, Speaker of the President, Vice President, Speaker of the

House, President House, President pro temporepro tempore, Secretary of , Secretary of State, etc.State, etc.

Presidential Disability

Disability

The Constitution made no provision for the The Constitution made no provision for the disability of the Presidentdisability of the President

Dwight David Eisenhower had three serious Dwight David Eisenhower had three serious illnessesillnesses

James GarfieldJames Garfield Woodrow WilsonWoodrow Wilson

Disability

2525thth Amendment meets this problem Amendment meets this problem Vice President will become acting PresidentVice President will become acting President

If the President informs Congress in If the President informs Congress in writing that he cannot discharge the writing that he cannot discharge the powerspowers

The Vice President and a majority of The Vice President and a majority of Cabinet inform Congress that the Cabinet inform Congress that the President is incapacitatedPresident is incapacitated

The Vice Presidency

The Importance of the Office

The Constitution pays little attention to the The Constitution pays little attention to the office itselfoffice itself

Vice President has only two formal dutiesVice President has only two formal duties Preside over the US SenatePreside over the US Senate

Article I, Section 3, Clause 4Article I, Section 3, Clause 4 Help decide presidential disabilityHelp decide presidential disability

2525thth Amendment, Section 3 & 4 Amendment, Section 3 & 4


The Vice President is only a heartbeat away The Vice President is only a heartbeat away from the Presidencyfrom the Presidency

Eight presidents have died in officeEight presidents have died in office One president resignedOne president resigned Vice Presidency has been vacant 18 timesVice Presidency has been vacant 18 times

9 times by succession to President9 times by succession to President 2 by resignation, 7 by death2 by resignation, 7 by death


2525thth Amendment changes this Amendment changes this When a vacancy occurs, the President will When a vacancy occurs, the President will

nominate someone who will take the office nominate someone who will take the office upon a majority confirmation vote of both upon a majority confirmation vote of both houses of Congresshouses of Congress 1973 – Gerald Ford1973 – Gerald Ford 1974 – Nelson Rockefeller1974 – Nelson Rockefeller


President has made the Vice President more President has made the Vice President more important of lateimportant of late

Sits in on Cabinet meetingsSits in on Cabinet meetings Head of NASAHead of NASA National Security CouncilNational Security Council Special Ambassador of PresidentSpecial Ambassador of President Still not an assistant PresidentStill not an assistant President


Basic bottom line is that the President of the Basic bottom line is that the President of the United States cannot fire the Vice PresidentUnited States cannot fire the Vice President

The Electoral College

The Electoral College

Created in Article II of the US ConstitutionCreated in Article II of the US Constitution Not well understood by most peopleNot well understood by most people Combination of the Constitution, a few Combination of the Constitution, a few

State and federal laws, and a number of State and federal laws, and a number of practices born of the nation’s political practices born of the nation’s political partiesparties

Original Provisions

Many debated this planMany debated this plan James Wilson (PA) “this was the most James Wilson (PA) “this was the most

difficult of all on which we had to decide”difficult of all on which we had to decide” Most favored selection by CongressMost favored selection by Congress A few by the peopleA few by the people This would lead to tumult and disorderThis would lead to tumult and disorder

Original Provisions

George Mason: “The extent of the country George Mason: “The extent of the country renders it impossible that the people can renders it impossible that the people can have the requisite capacity to judge the have the requisite capacity to judge the respective contentions of the candidates.”respective contentions of the candidates.”

Plan that was approved was originally put Plan that was approved was originally put forward by Alexander Hamiltonforward by Alexander Hamilton

The President would be chosen by electorsThe President would be chosen by electors

The College

Each State would have as many presidential Each State would have as many presidential electors as it has representatives and electors as it has representatives and senators in Congresssenators in Congress

These electors would be chosen in each These electors would be chosen in each State in a manner the State legislature State in a manner the State legislature directeddirected

The College

The electors, meeting in each State, would The electors, meeting in each State, would each cast two votes – each for a different each cast two votes – each for a different person for Presidentperson for President

The electoral votes would be opened before The electoral votes would be opened before a joint session of Congress and counteda joint session of Congress and counted

The person receiving the largest number of The person receiving the largest number of votes (if a majority) would become votes (if a majority) would become PresidentPresident

The College

The person with the second largest number The person with the second largest number would become Vice Presidentwould become Vice President

If a tie occurred, the President would be If a tie occurred, the President would be elected by the House of Representatives, elected by the House of Representatives, voting by Statesvoting by States

If a tie occurred for the second spot, the If a tie occurred for the second spot, the Vice President would be chosen by the Vice President would be chosen by the SenateSenate

The College

The Framers intended the electors to be the The Framers intended the electors to be the “Most enlightened and respectable citizens “Most enlightened and respectable citizens from each State”from each State”

They were to be “free agents” who would They were to be “free agents” who would be “deliberate freely” in selecting the be “deliberate freely” in selecting the person’s best qualified to fill the nation’s person’s best qualified to fill the nation’s top two offices.top two offices.

The Rise of Parties

System works only as long as Washington System works only as long as Washington was Presidentwas President Only President elected unanimouslyOnly President elected unanimously

In 1796, political parties began to play a In 1796, political parties began to play a role.role. John Adams is elected PresidentJohn Adams is elected President Thomas Jefferson is elected Vice Thomas Jefferson is elected Vice

PresidentPresident

The Election of 1800

Each party nominates a presidential and vice Each party nominates a presidential and vice presidential candidatepresidential candidate

Each party also nominates candidates to Each party also nominates candidates to serve as electors (would vote for party)serve as electors (would vote for party)

Each of the 73 electors elected voted for Each of the 73 electors elected voted for Thomas Jefferson and Aaron BurrThomas Jefferson and Aaron Burr

House took 36 ballots to decide on JeffersonHouse took 36 ballots to decide on Jefferson

The Election of 1800

Election marked the introduction of three Election marked the introduction of three elements in the nomination of the presidentelements in the nomination of the president

Party nominations for presidentParty nominations for president Party nominations for electors pledged to Party nominations for electors pledged to

vote for the candidatevote for the candidate Automatic casting of electoral votes in line Automatic casting of electoral votes in line

with those pledgeswith those pledges

The 12th Amendment

Added in 1804Added in 1804 Separates election of President and Vice Separates election of President and Vice

PresidentPresident The fiasco of 1800 will never happen againThe fiasco of 1800 will never happen again

Nominating Candidates Today

Nominations

First method devised to nominate First method devised to nominate candidates was the Congressional Caucuscandidates was the Congressional Caucus

Used from 1800 to 1824Used from 1800 to 1824 Both parties turned to the nominating Both parties turned to the nominating

convention in 1832 and used it ever sinceconvention in 1832 and used it ever since

The Nominating Convention

Largely a creation of the political partiesLargely a creation of the political parties Constitution is silent on this and have few Constitution is silent on this and have few

federal or state laws controlling itfederal or state laws controlling it The national committee makes the The national committee makes the

arrangements for the national conventionarrangements for the national convention Will set the time and date of the conventionWill set the time and date of the convention

The Nominating Convention

Will select the city for the conventionWill select the city for the convention Must have facilitiesMust have facilities Gain support of a swing stateGain support of a swing state Many larger cities bid on a conventionMany larger cities bid on a convention Will make a bundle of moneyWill make a bundle of money

Apportionment of Delegates

The national committee issues a call for the The national committee issues a call for the conventionconvention

Tells each state’s party organization how Tells each state’s party organization how many delegates it is allowed to send.many delegates it is allowed to send.

19961996 Republicans – 1,990 delegatesRepublicans – 1,990 delegates Democrats – 4,320 delegatesDemocrats – 4,320 delegates

Really are two campaigns for presidentReally are two campaigns for president Primaries and electionPrimaries and election

State laws and/or party rules fix the State laws and/or party rules fix the procedures for picking delegates in each procedures for picking delegates in each StateState

Can use primaries, conventions, and Can use primaries, conventions, and caucusescaucuses

Presidential Primaries

The Election

The Electoral College Today

One of the least understood parts of the One of the least understood parts of the American political processAmerican political process

Constitution provides for the election of the Constitution provides for the election of the President by the Electoral CollegePresident by the Electoral College

Each State has the same number of electors Each State has the same number of electors that it has members of Congressthat it has members of Congress

Founders expected the electors would use Founders expected the electors would use their own judgmenttheir own judgment


Today, the electors are really just a rubber Today, the electors are really just a rubber stamp of the popular vote.stamp of the popular vote.

They are expected to vote for their party’s They are expected to vote for their party’s candidates.candidates.

They go through the formThey go through the form It is a far cry from the original intentIt is a far cry from the original intent


Electors are chosen by popular vote in Electors are chosen by popular vote in every State on the same dayevery State on the same day

Electors are chosen at large except for Electors are chosen at large except for Maine and Nebraska (district)Maine and Nebraska (district)

Electors are chosen on a winner-take-all Electors are chosen on a winner-take-all basisbasis

Names of the electors are found on less than Names of the electors are found on less than one-fourth of the ballots in the USone-fourth of the ballots in the US


The electors meet in their respective State The electors meet in their respective State capitals on the Monday following the capitals on the Monday following the second Wednesday in Decembersecond Wednesday in December

They cast their ballots for President and They cast their ballots for President and Vice PresidentVice President

The ballots are signed, sealed, and sent to The ballots are signed, sealed, and sent to the President of the Senatethe President of the Senate


Formal election of the President does not Formal election of the President does not take place until January 6take place until January 6 thth

Ballots are opened by the President of the Ballots are opened by the President of the Senate and counted before a joint session of Senate and counted before a joint session of CongressCongress

The candidate who receives a majority of The candidate who receives a majority of Electoral College votes will be the PresidentElectoral College votes will be the President


The candidate who receives a majority of The candidate who receives a majority of the Electoral College votes in the vice the Electoral College votes in the vice presidential race will be the vice president.presidential race will be the vice president.

If no one receives a majority of votes (270 If no one receives a majority of votes (270 out of 538), the election is thrown into the out of 538), the election is thrown into the House of RepresentativesHouse of Representatives

House chooses from the top three House chooses from the top three candidatescandidates


Each State delegation has one voteEach State delegation has one vote 26 votes necessary to win26 votes necessary to win

1800 – Thomas Jefferson/Aaron Burr1800 – Thomas Jefferson/Aaron Burr 1824 – John Quincy Adams, Andrew 1824 – John Quincy Adams, Andrew

Jackson, William Crawford, Henry ClayJackson, William Crawford, Henry Clay

If no one receives a majority of votes in the If no one receives a majority of votes in the vice presidential race, the Senate chooses vice presidential race, the Senate chooses from among the top twofrom among the top two

It takes a majority of Senators to electIt takes a majority of Senators to elect 1837 – Richard Johnson1837 – Richard Johnson

Flaws in the Electoral College

The First Major Defect

The winner of the popular vote does not The winner of the popular vote does not become Presidentbecome President

Winner-take-all in the votingWinner-take-all in the voting 1992 – Clinton won 50% of the vote in New 1992 – Clinton won 50% of the vote in New

York and all 33 electoral votesYork and all 33 electoral votes Bush won 2.2 million votesBush won 2.2 million votes Perot won 1.1 million votesPerot won 1.1 million votes


Way that electoral votes are distributedWay that electoral votes are distributed California – 55 electoral votesCalifornia – 55 electoral votes

1 for every 652,614.5 persons1 for every 652,614.5 persons Alaska – 3 electoral votesAlaska – 3 electoral votes

1 for every 218,478 persons1 for every 218,478 persons


Popular vote winner has failed to win the Popular vote winner has failed to win the presidency four timespresidency four times 18241824 18761876 18881888 20002000

The Second Major Defect

Nothing in any federal statute or the Nothing in any federal statute or the Constitution requires an elector to vote for Constitution requires an elector to vote for the person who wins the state popular votethe person who wins the state popular vote

States can and do require thisStates can and do require this Not sure of the constitutionality of states Not sure of the constitutionality of states

lawslaws Virginia and Tennessee do require thisVirginia and Tennessee do require this

The Third Major Defect

Contest will be decided in the House of Contest will be decided in the House of RepresentativesRepresentatives

Voting is by state, not by individualsVoting is by state, not by individuals If the state is so divided that it cannot If the state is so divided that it cannot

decide, it loses its votedecide, it loses its vote If strong third-party candidate, then might If strong third-party candidate, then might

not have a winner by inauguration daynot have a winner by inauguration day

Proposed Reforms

The District Plan

Choose electors as one would do members Choose electors as one would do members of Congressof Congress

Two for the senators, and one per Two for the senators, and one per congressional districtcongressional district

Much more accurate reflection of popular Much more accurate reflection of popular returnsreturns

Would not eliminate possibility of winner Would not eliminate possibility of winner of popular vote losing presidencyof popular vote losing presidency

The District Plan

1960 – Richard Nixon wins1960 – Richard Nixon wins Gives another reason for GerrymanderingGives another reason for Gerrymandering

The Proportional Plan

Each candidate would receive the same Each candidate would receive the same share of the electoral vote as he won of the share of the electoral vote as he won of the popular votepopular vote

40% of popular vote, 40% of electoral vote40% of popular vote, 40% of electoral vote Cure winner-take-all problemCure winner-take-all problem Remove faithless electorsRemove faithless electors Yield a more accurate count with statesYield a more accurate count with states

The Proportional Plan

Would not necessarily produce the same Would not necessarily produce the same idea nationallyidea nationally

1896 – William Jennings Bryan wins1896 – William Jennings Bryan wins 1880 – Winfield Scott Hancock wins1880 – Winfield Scott Hancock wins 1876 – Samuel J. Tilden wins1876 – Samuel J. Tilden wins 1888 – Grover Cleveland wins1888 – Grover Cleveland wins

The National Bonus Plan

Keep the electoral college as it now isKeep the electoral college as it now is A pool of 102 electoral votes would be A pool of 102 electoral votes would be

added to the total of the popular vote added to the total of the popular vote winnerwinner

Need 321 electoral votes to winNeed 321 electoral votes to win If no received 321, a national run-off If no received 321, a national run-off

election between the top two candidateselection between the top two candidates

Direct Popular Election

Remove the electoral college altogetherRemove the electoral college altogether

““I am Vice President. In this I am nothing, I am Vice President. In this I am nothing, but I may be everything.but I may be everything.

““The most insignificant office that ever the The most insignificant office that ever the invention of man contrived or his invention of man contrived or his imagination conceived.”imagination conceived.”

““Honorable and easy”Honorable and easy” ““Tranquil and unoffending”Tranquil and unoffending”

““The Vice Presidency isn’t worth a warm The Vice Presidency isn’t worth a warm pitcher of spit”pitcher of spit”

““A woman had two sons. One of them went A woman had two sons. One of them went away to sea and the other one became Vice away to sea and the other one became Vice President and neither of them was ever President and neither of them was ever heard from again.”heard from again.”

Date post:	01-Jan-2016
Category:	Documents
Upload:	halee-dean
View:	12 times
Download:	0 times

The Presidency

Documents