The PresidentThe President & The & The Executive BranchExecutive Branch

Unit 3Unit 3

Chapter 13 & 14Chapter 13 & 14

Chapter 13 ObjectivesChapter 13 Objectives

1.1. The Presidents job description, roles, The Presidents job description, roles, qualifications, terms and salary.qualifications, terms and salary.

2.2. Presidential Succession, transfer of power. Presidential Succession, transfer of power.

3.3. Roles of the Vice Presidency.Roles of the Vice Presidency.

4.4. Electoral College: creation, amendments, Electoral College: creation, amendments, election of 1800.election of 1800.

5.5. Presidential nomination, primaries, convention, Presidential nomination, primaries, convention, caucus-convention. caucus-convention.

6.6. Electoral College defects/flaws. Electoral College defects/flaws.

7.7. Critics and proposed solutions for electoral Critics and proposed solutions for electoral college.college.

The President’s Constitutional The President’s Constitutional RolesRoles

1.1. Chief of StateChief of State: Symbol, ceremonial head.: Symbol, ceremonial head.

2.2. Chief ExecutiveChief Executive: Domestic and foreign powers; : Domestic and foreign powers; post powerful position in the world. post powerful position in the world.

3.3. Chief AdministratorChief Administrator: 3.1 million civilian : 3.1 million civilian employees, military, and a 5 Trillion dollar employees, military, and a 5 Trillion dollar budget/spending.budget/spending.

4.4. Chief DiplomatChief Diplomat: Foreign policy.: Foreign policy.

5.5. Commander-in-ChiefCommander-in-Chief: 2 plus million armed : 2 plus million armed forces, and the militia during times of war. forces, and the militia during times of war.

6.6. Chief LegislatorChief Legislator: directs congressional agenda: directs congressional agenda

Chief ExecutiveChief Executive

Other Presidential RolesOther Presidential Roles

1.1. Chief of PartyChief of Party: leader of the political party : leader of the political party he/she represents. he/she represents.

2.2. Chief CitizenChief Citizen: “representative of all the : “representative of all the people”. Moral leadership. people”. Moral leadership.

Chief of PartyChief of Party

Who Can Become President?Who Can Become President?QualificationsQualifications

1.1. Natural Born Citizen? Why?Natural Born Citizen? Why?2.2. 35 years of age? Why?35 years of age? Why?3.3. 14 year resident (lifetime)? Why?14 year resident (lifetime)? Why?

Article II, Section 1Article II, Section 1JFK—youngest 43, only CatholicJFK—youngest 43, only CatholicR. Reagan—oldest, only ActorR. Reagan—oldest, only Actor

Informal or Party Qualifications Informal or Party Qualifications for Presidentfor President

PresidentPresident’’s Terms Term

1.1. 4 year terms4 year terms

1.1. No Constitutional limitation to number of No Constitutional limitation to number of terms until: 22terms until: 22ndnd Amendment (1951) Amendment (1951)

1.1. Customary since G. Washington to seek no Customary since G. Washington to seek no more than two termsmore than two terms

2.2. Maximum of 10 yearsMaximum of 10 years

Pay and BenefitsPay and Benefits

1.1. $400,000 per year$400,000 per year

2.2. $50,000 per-year expense allowance$50,000 per-year expense allowance

3.3. Air Force OneAir Force One

4.4. Camp DavidCamp David

5.5. Etc… Fringe Benefits related to Congressional Etc… Fringe Benefits related to Congressional benefitsbenefits

6.6. White HouseWhite House

7.7. Free Health Care & DentalFree Health Care & Dental

8.8. Generous Travel fundsGenerous Travel funds

9.9. Entertainment fundsEntertainment funds

Presidential Succession Act (1947)Presidential Succession Act (1947)2525thth Amendment (1967) Amendment (1967)

1.1. Vice PresidentVice President2.2. Speaker of the HouseSpeaker of the House3.3. Pro Tempore of SenatePro Tempore of Senate4.4. StateState5.5. TreasuryTreasury6.6. DefenseDefense7.7. Attorney GeneralAttorney General8.8. InteriorInterior9.9. AgricultureAgriculture

Presidential SuccessionPresidential Succession

10. Commerce10. Commerce11. Labor11. Labor12. Health & Human Services12. Health & Human Services13. Housing and Urban Development13. Housing and Urban Development14. Transportation14. Transportation15. Energy15. Energy16. Education16. Education17. Veterans Affairs17. Veterans Affairs18. Homeland Security18. Homeland Security

Presidential SuccessionPresidential Succession

VP DutiesVP Duties

1.1. Preside over the SenatePreside over the Senate

2.2. Presidential DisabilityPresidential Disability

3.3. ““President in-waitingPresident in-waiting””

4.4. ““Balance the ticket”Balance the ticket”: ideological, : ideological, geographic, racial, ethnic, or gender. geographic, racial, ethnic, or gender.

VP Successors: VP Successors: – John TylerJohn Tyler -Millard Fillmore – Andrew Johnson – Chester -Millard Fillmore – Andrew Johnson – Chester

Arthur –Theodore Roosevelt – Calvin Coolidge – Harry Truman Arthur –Theodore Roosevelt – Calvin Coolidge – Harry Truman – Lyndon Johnson – Gerald Ford– Lyndon Johnson – Gerald Ford

VP Duties & ResponsibilitiesVP Duties & Responsibilities

Electoral College Electoral College CompromiseCompromise

Founding Fathers: James Madison, etc…Founding Fathers: James Madison, etc…– Feared a popular vote would lead to Feared a popular vote would lead to ““tumult tumult

and disorderand disorder”” too much legislative power too much legislative power1.1. State Electors based on congressional representation of state.State Electors based on congressional representation of state.

2.2. Electors chosen by State law.Electors chosen by State law.

3.3. Electors cast two votes each for Presidency.Electors cast two votes each for Presidency.

4.4. Votes opened an counted before joint session of Congress. Votes opened an counted before joint session of Congress.

5.5. Largest number of electoral votes would become President. Largest number of electoral votes would become President.

6.6. 22ndnd highest number of votes would become Vice President. highest number of votes would become Vice President.

7.7. Tie: House of Representatives would vote. Tie: House of Representatives would vote.

8.8. Tie for number 2 would be decided by the Senate. Tie for number 2 would be decided by the Senate.

Electoral CollegeElectoral College Split Between Popular and Electoral VoteSplit Between Popular and Electoral Vote

– House of Representatives would select PresidentHouse of Representatives would select President Winner-take-all system: California has 55 Winner-take-all system: California has 55

electoral votes. If popular vote is split electoral votes. If popular vote is split 1,000,000 vs. 1,000,001, the popular vote 1,000,000 vs. 1,000,001, the popular vote candidate will take all 55 electoral votescandidate will take all 55 electoral votes

15 Presidents have won the White House 15 Presidents have won the White House without having won the popular vote: Polk, without having won the popular vote: Polk, Taylor, Buchanan, Lincoln, Garfield, Taylor, Buchanan, Lincoln, Garfield, Cleveland, Wilson, Truman, Kennedy, Nixon, Cleveland, Wilson, Truman, Kennedy, Nixon, ClintonClinton

2012 Electoral Map2012 Electoral Map

The Rise of PartiesThe Rise of Parties

1796 Election1796 Election: John Adams (Federalist) defeats : John Adams (Federalist) defeats Thomas Jefferson (Democratic-Republican) by 3 Thomas Jefferson (Democratic-Republican) by 3 electoral votes.electoral votes.– President: Adams Vice President: JeffersonPresident: Adams Vice President: Jefferson

1800 Election1800 Election: Electors made promises to vote for : Electors made promises to vote for the “Party-Ticket”…President Jefferson & VP Burr the “Party-Ticket”…President Jefferson & VP Burr under the same political partyunder the same political party

18001800: 12: 12thth Amendment: President and VP on the Amendment: President and VP on the same Presidential ticket (1804). same Presidential ticket (1804).

Presidential NominationsPresidential Nominations

ConventionsConventions: 1800 from congressional : 1800 from congressional caucus to 1832 national convention to caucus to 1832 national convention to nominate candidatesnominate candidates. . 1.1. Convention arrangement: Set by PartyConvention arrangement: Set by Party

2.2. Appointment of Delegates: National party Appointment of Delegates: National party to State party awards delegate numbers.to State party awards delegate numbers.

3.3. Selection of Delegates: Selection of Delegates: 1.1. Republicans leave selection to the StateRepublicans leave selection to the State

2.2. Democrats create or order selection by party Democrats create or order selection by party policy.policy.

Presidential NominationsPresidential Nominations

Presidential PrimariesPresidential Primaries: Depending upon : Depending upon the State, a presidential primary is an the State, a presidential primary is an election in which party voters election in which party voters 1.1. Choose some or all of the State party Choose some or all of the State party

delegates to their party’s conventiondelegates to their party’s convention

2.2. Express a preference among various Express a preference among various contenders for their party’s nomination.contenders for their party’s nomination.

11stst Presidential Primary (1900) Presidential Primary (1900) Reform Reform movement aimed to allow the populace greater movement aimed to allow the populace greater control over nominationscontrol over nominations

Presidential NominationsPresidential Nominations 1916: 1916: ½ of the states adopted presidential primary ½ of the states adopted presidential primary

laws.laws. 19681968: Primaries in only 16 states and D.C. : Primaries in only 16 states and D.C. 20042004: 36 states , D.C. * Puerto Rico have primaries. : 36 states , D.C. * Puerto Rico have primaries. Primaries TodayPrimaries Today: Each State sets laws governing : Each State sets laws governing

the presidential nomination process. the presidential nomination process. – Open PrimariesOpen Primaries– Closed PrimariesClosed Primaries– Blanket PrimariesBlanket Primaries

DemocratsDemocrats: popular vote does not count “beauty contest” or : popular vote does not count “beauty contest” or “preference primary”. Delegates ate Convention chooses “preference primary”. Delegates ate Convention chooses candidate.candidate.

Presidential NominationsPresidential Nominations

Caucus-Convention ProcessCaucus-Convention Process: Card carrying : Card carrying party members meet in precincts to cast their party members meet in precincts to cast their votes (Iowa).votes (Iowa).– Delegates chosen for convention (local, state & national)Delegates chosen for convention (local, state & national)

National Convention ProcessNational Convention Process: Delegates : Delegates gather at National Convention to…gather at National Convention to…1.1. Name the party’s presidential & vice-presidential Name the party’s presidential & vice-presidential

candidatecandidate

2.2. Leading party personalities in one location at the same Leading party personalities in one location at the same time.time.

3.3. Adopting the party’s platform & principles. Adopting the party’s platform & principles.

4.4.Keynote AddressKeynote Address: :

Keynote SpeechesKeynote SpeechesRepublican DemocratRepublican Democrat

Electoral College DefectsElectoral College Defects

1.1. The winner of the popular vote is The winner of the popular vote is not guaranteed the presidencynot guaranteed the presidency

2.2. Electors are not required to vote in Electors are not required to vote in accord with the popular voteaccord with the popular vote

3.3. Any election might have to be Any election might have to be decided by the House of decided by the House of RepresentativesRepresentatives

Proposed Reforms of the Proposed Reforms of the Electoral CollegeElectoral College

1.1. District PlanDistrict Plan: would end the : would end the winner-take-all system. winner-take-all system.

1.1. 2 Electors chosen at large within state 2 Electors chosen at large within state to vote in accord to popular voteto vote in accord to popular vote

2.2. Other Electors would be elected within Other Electors would be elected within districts to vote in accord with the districts to vote in accord with the districts popular votedistricts popular vote

Proposed Reforms to the Proposed Reforms to the Electoral CollegeElectoral College

2. 2. The Proportional Plan: The Proportional Plan: Presidential Presidential Candidates would receive same Candidates would receive same percentage or share of electoral votes percentage or share of electoral votes equal to popular voteequal to popular vote

3. 3. Direct Popular Election: Direct Popular Election: End End Electoral College and direct popular Electoral College and direct popular vote.vote.

4. 4. National Bonus PlanNational Bonus Plan: Electoral College : Electoral College kept plus a 102 kept plus a 102 ““newnew”” electors which will electors which will be awarded to winner of popular vote.be awarded to winner of popular vote.

Path to the White HousePath to the White House

Supporters of the Electoral Supporters of the Electoral College SystemCollege System

1.1. It is a know process. Proposed It is a know process. Proposed changes have defects. changes have defects.

2.2. The winner is identified quickly and The winner is identified quickly and certainly. certainly.

The Process of PresidencyThe Process of Presidency

1.1. Party AccessParty Access

2.2. Primary Elections (Caucuses)Primary Elections (Caucuses)

3.3. Convention NominationConvention Nomination

4.4. General ElectionGeneral Election

Which of these steps is most difficult to Which of these steps is most difficult to achieve? Explain answer.achieve? Explain answer.

Imperial PresidencyImperial Presidency

1.1. War Powers: War Powers:

2.2. Executive Orders: Executive Orders:

3.3. Executive Privilege: Executive Privilege:

4.4. Executive Agreements: Executive Agreements:

5.5. Bureaucratic Appointment and quasi Bureaucratic Appointment and quasi legislative, quasi judicial powers.legislative, quasi judicial powers.

Imperial PresidencyImperial Presidency

Presidents Executive PowersPresidents Executive Powers

To execute the law…To execute the law…– Ordinance PowerOrdinance Power: Implied executive power : Implied executive power

NOT delegated in the U.S. Constitution. NOT delegated in the U.S. Constitution.

Executive OrdersExecutive Orders: a directive, rule or : a directive, rule or regulation that has the effect of law. regulation that has the effect of law.

– Appointment PowerAppointment Power: all federal judges, : all federal judges, marshals, attorneys, officers in the armed marshals, attorneys, officers in the armed forces, cabinet & top aids, ambassadors, forces, cabinet & top aids, ambassadors, diplomats, independent agency heads.diplomats, independent agency heads.

Senate approval required.Senate approval required.

Presidents Executive PowersPresidents Executive PowersThe Removal PowerThe Removal Power: A. Johnson removed : A. Johnson removed Secretary of War Stanton in violation of the Secretary of War Stanton in violation of the Tenure of Office Act Tenure of Office Act to end Reconstruction in the to end Reconstruction in the Southern States. Southern States. – Myers v U.S. (1926)Myers v U.S. (1926): Broad Presidential powers to : Broad Presidential powers to

remove with the following exceptions: remove with the following exceptions: Inefficiency, neglect of duty, malfeasance in officeInefficiency, neglect of duty, malfeasance in office

Diplomatic & Military PowersDiplomatic & Military Powers: U.S. must 2/3 : U.S. must 2/3 rule:“advise and give Consent” to all treaties rule:“advise and give Consent” to all treaties under Presidential authority. under Presidential authority. – League of Nations killed by the U.S. SenateLeague of Nations killed by the U.S. Senate– Annexation of Texas killed by the U.S. Senate.Annexation of Texas killed by the U.S. Senate.– Annexation of Hawaii killed by the U.S. Senate. Annexation of Hawaii killed by the U.S. Senate.

Impeached PresidentsImpeached Presidents

Executive AgreementsExecutive Agreements

An agreement between President and An agreement between President and head of a foreign state. head of a foreign state. – Does not require Senate consent?Does not require Senate consent?– Extra-ordinary executive agreements: Extra-ordinary executive agreements:

1.1. Destroyers-for-bases deal 1940: 1 year Destroyers-for-bases deal 1940: 1 year before America’s entrance into WWII.before America’s entrance into WWII.1.1. 50 destroyers for 99 year military base access 50 destroyers for 99 year military base access

in Europe and Caribbean. in Europe and Caribbean.

Executive Agreements????Executive Agreements????

• 9,000 Executive Agreements9,000 Executive Agreements

• 1,300 Treaties1,300 Treaties

• FDR and The Atlantic Charter, United FDR and The Atlantic Charter, United NationsNations

• FDR and Lend Lease Act; Isolationist FDR and Lend Lease Act; Isolationist Congress and the Neutrality ActsCongress and the Neutrality Acts

Executive Agreements & Executive Agreements & SenateSenate

Power of RecognitionPower of Recognition

Legal existence of a nation as an Legal existence of a nation as an equal family of nations. equal family of nations. – Peoples Republic of China: R. NixonPeoples Republic of China: R. Nixon– Panama in 1903: T. RooseveltPanama in 1903: T. Roosevelt– Israel in 1946: H. TrumanIsrael in 1946: H. Truman– Belieze in 1973: Belieze in 1973:

Commander in ChiefCommander in Chief1794: 1794: G. Washington and Whiskey Rebellion.G. Washington and Whiskey Rebellion.

1861: 1861: A. Lincoln and War Between the States.A. Lincoln and War Between the States.

19071907: T. Roosevelt and the Great White Fleet around the : T. Roosevelt and the Great White Fleet around the world.world.

1950: 1950: H. Truman and the Korean ConflictH. Truman and the Korean Conflict

1964: 1964: L. Johnson and Vietnam ConflictL. Johnson and Vietnam Conflict

1979: 1979: J. Carter and Iranian Hostage CrisisJ. Carter and Iranian Hostage Crisis

1983: 1983: R. Reagan and Grenada ConflictR. Reagan and Grenada Conflict

1990: G. H. Bush and Iraq1990: G. H. Bush and Iraq

1993: B. Clinton and Somalia1993: B. Clinton and Somalia

2002: G. W. Bush and Iraq & Afghanistan2002: G. W. Bush and Iraq & Afghanistan

2012: B. Obama and Egypt, Tunisia, Libya2012: B. Obama and Egypt, Tunisia, Libya

War PowersWar Powers Congress has power to declare warCongress has power to declare war President is Commander-in-Chief ONLY President is Commander-in-Chief ONLY

when Congress grants powerwhen Congress grants power War Powers ResolutionWar Powers Resolution: 1973 60 day : 1973 60 day

power as President; may be extended 30 power as President; may be extended 30 daysdays

Explain Why Congress placed a 60 day Explain Why Congress placed a 60 day time period.time period.

Explain Why President has ignored Explain Why President has ignored Congressional Law and Constitutional War Congressional Law and Constitutional War PowersPowers

Roles of PresidentRoles of President

1.1. Judicial PowersJudicial Powers1.1. Reprieve: postponement of ?Reprieve: postponement of ?

2.2. Pardon: forgiveness of ?Pardon: forgiveness of ?

3.3. Clemency: mercy or leniency of ?Clemency: mercy or leniency of ?

4.4. Commutation: reduce ?Commutation: reduce ?

5.5. Amnesty: blanket forgiveness of ?Amnesty: blanket forgiveness of ?

Undeclared WarsUndeclared Wars

Line Item VetoLine Item Veto

Congress 1996, President Clinton signs Congress 1996, President Clinton signs Line Item VetoLine Item Veto

Supreme Court: 1998 overturns Line Item Supreme Court: 1998 overturns Line Item VetoVeto

Congress has power to override Congress has power to override Presidential vetosPresidential vetos

Other Presidential PowersOther Presidential PowersConstitutional Constitutional Powers: Expressed Powers: Expressed PowersPowers

Statutory Powers: Statutory Powers:

Found within the Found within the ConstitituionConstitituion

Inherent Powers: Inherent Powers:

FDR: and FDR: and emergency powersemergency powers

Special Uses of Presidential PowerSpecial Uses of Presidential Power

What might What might ““SpecialSpecial”” mean? mean? Non-Expressed or Inherent PowersNon-Expressed or Inherent Powers1.1. Emergency PowersEmergency Powers: usually used in : usually used in

foreign policy: Court, foreign policy: Court, ““emergency does emergency does not create powernot create power””1. Abe Lincoln: suspended civil liberties, 1. Abe Lincoln: suspended civil liberties, nationalized militiasnationalized militias2. FDR: Lend-Lease Act and federal 2. FDR: Lend-Lease Act and federal budgetbudget3. H. Truman: seized steel mills 3. H. Truman: seized steel mills threatened to draft steel workers threatened to draft steel workers

Constituencies and Public Approval

1. Public Approval: 2. “Going Public”:

--Bush and tax cuts, “the surplus is your money”

--FDR and New Deal

If the public supports broad Presidential proposals Congress is pressured to pass the legislation

Special Uses of Presidential PowerSpecial Uses of Presidential Power

2. 2. Executive OrdersExecutive Orders: : – 1. JFK: Affirmative Action1. JFK: Affirmative Action– 2. H. Truman: Wage Price Controls2. H. Truman: Wage Price Controls– 3. LBJ: JFK, MLK assassinations, Vietnam3. LBJ: JFK, MLK assassinations, Vietnam– 4. B. Clinton: War on Drugs4. B. Clinton: War on Drugs– 5. G. Bush: Military tribunals for 5. G. Bush: Military tribunals for

suspected terroristssuspected terrorists

Special Uses of Presidential Special Uses of Presidential PowersPowers

3. 3. Executive PrivilegeExecutive Privilege: :

1. G.W.Bush: Homeland Security Tom 1. G.W.Bush: Homeland Security Tom Ridge from testimonyRidge from testimony

2. G.W.Bush: Dick Cheney2. G.W.Bush: Dick Cheney’’s energy s energy policiespolicies

3. 3. U.S. v NixonU.S. v Nixon: no to executive : no to executive privilege in criminal casesprivilege in criminal cases

4. B. Clinton: Monica Lewinsky, Secret 4. B. Clinton: Monica Lewinsky, Secret Service, White House counselService, White House counsel

Nixon Watergate ScandalNixon Watergate Scandal

Articles of ImpeachmentArticles of Impeachment

1.1. Articles I & IIArticles I & II: House and Senate : House and Senate terms of Impeachmentterms of Impeachment

““Treason, Bribery, or other high Treason, Bribery, or other high Crimes and MisdemeanorsCrimes and Misdemeanors”” Explain: Explain:

2. House: accuses2. House: accuses

3. Senate: finds guilt; Acquit or 3. Senate: finds guilt; Acquit or RemoveRemove

ImpeachedImpeached

1.1. Andrew JohnsonAndrew Johnson: 1868; vetoed : 1868; vetoed the 14the 14thth amendment, Office of amendment, Office of Tenure ActTenure Act

2.2. Richard Nixon: 1972 impeachment Richard Nixon: 1972 impeachment process began and ended upon his process began and ended upon his resignation; perjuryresignation; perjury

3.3. William Jefferson ClintonWilliam Jefferson Clinton: 1998; : 1998; perjury and obstruction of justiceperjury and obstruction of justice

The Executive OrganizationThe Executive Organization

1.1. The CabinetThe Cabinet: Sec. of State, : Sec. of State, Treasury, War, Attorney General; 14 Treasury, War, Attorney General; 14 Departments and SecretariesDepartments and Secretaries

2.2. Kitchen CabinetKitchen Cabinet: Andrew Jackson, : Andrew Jackson, close personal friends (not appointed close personal friends (not appointed or approved)or approved)

3.3. The Executive Office of the The Executive Office of the President: President: 16 hand selected 16 hand selected positions; no Senate positions; no Senate confirmation….Why?confirmation….Why?

Informal Executive PowerInformal Executive Power

The Executive Office of the The Executive Office of the PresidencyPresidency

1.1. The White House OfficeThe White House Office: :

--Legal Counsel to President--Legal Counsel to President

--Secretary--Secretary

--Press Secretary--Press Secretary

--Chief of Staff--Chief of Staff

2. 2. The Office of Management and BudgetThe Office of Management and Budget: : 1939?1939?

3. 3. National Security CouncilNational Security Council: Vice : Vice President, Sec. of State, Sec. of Defense President, Sec. of State, Sec. of Defense and President: Foreign Policy?and President: Foreign Policy?

Vice Presidency VacancyVice Presidency Vacancy

Gerald Ford********* Nelson Rockefeller, Gerald Ford********* Nelson Rockefeller, VP and P not elected by the VP and P not elected by the people….Explain how and why. Do you people….Explain how and why. Do you smell a conspiracy?smell a conspiracy?

Why it is important today? Expanded Why it is important today? Expanded powers in the area of WAR and Foreign powers in the area of WAR and Foreign Policy….Policy…. Abe Lincoln: no civil libertiesAbe Lincoln: no civil liberties GW Bush: military tribunalsGW Bush: military tribunals