The President

The Roots and Rules

The Roots and Rules

Colonists still had a distrust for a strong chief executive.

Most state constitutions reduced the office of governor to symbolic post elected by the legislature. Although some other states did entrust power to the chief executive.

During the Constitutional Convention there was talk as to how the structure of the executive authority should be created.

Presidential Qualifications and Terms of Office

Constitution requires the president and vice-president to be a natural-born citizen of the United States, at least thirty-five years old, and a resident of the United States for at least fourteen years.

Twenty-Second Amendment- President terms and limits: a total of 10 years is allowed, but limited to two terms.

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Even though the president is elected by the people Congress still has the power to impeach the president.

The impeachment provisions could be found in the Constitution. (treason, bribery,and high-misdemeanors)

Two presidents were recommended for impeachment by the House of Rep.

Who avoided the possibility of being impeached?

Rules of Succession

Eight presidents have died from illness or assassination.

In 1947, Congress passed the Presidential Succession Act which lists in order those in line to succeed the president. Vice-President Speaker of the House Secretaries of defense, treasury, and defense, and

other Cabinet heads in order of the creation of their department.

Twenty-fifth amendment:succession of presidency

The Constitutional Powers of the President

The Appointment Power: The Constitution authorizes the president to appoint members to his cabinet, with the 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, and which shall be established by Law.”

The appointment power gives the President the opportunity to set and filter in his political agenda. It is also a great mechanism to gain popularity from the government.

Power to Convene Congress

The Constitution requires the president to inform the Congress periodically of “the State of the Union”.

The president has the power to convene either or both houses of Congress during time of “extraordinary occasions.”

This rarely happens which is why today this power simply has symbolic significance.

Power to make Treaties

The President has the power to make treaties under the condition that all treaties must be approved by at least two-third majority of the Senate.

Of all the treaties submitted to Congress only sixteen treaties were rejected.

Treaty of Versailles (1919)

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Presidents have been able to get around the constitutional “advice and consent” of the Senate by entering into an executive agreement.

This allows the president to form arrangements with foreign nations without Senate approval.

Executive agreements have been used far more than treaties.

Veto Power

Presidents can affect the policy process through the veto power which is the authority to reject any congressional legislation.

During Constitutional Convention proponents of a strong executive wanted presidents to have an absolute and final veto.

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James Madison made the most compelling argument for no sort of absolute and final veto he stated: “Experience has proven a tendency in our

governments to throw all power into the legislative vortex. The Executives of the States are in general little more than Ciphers, the legislatures omnipotent. If no effectual check be devised for restraining the instability and encroachments of the latter, a revolution of some kind or other would be inevitable.”

Line-item veto

President Ulysses S. Grant was the first president to propose a constitutional amendment to give president the power of a line-item veto. It was finally allowed in 1996.

This will give Presidents the opportunity to disapprove of individual items within a spending bill.

Clinton v. City of New York (1998)

Power as the Commander in Chief

Article II states that the president is the Commander in Chief of the Army and Navy of the United States.

Presidents in the past have used the C.I.C clause in conjunction with the chief executive’s duty to “take care that the laws be faithfully executed”.

Vietnam War and Nixon

War Powers Act

In the light of the misleading information from President Nixon Congress passed the War Powers Act.

The War Powers Act limits the president’s authority to introduce American troops into hostile foreign lands without congressional approval.

Presidents since Nixon have continued to insist that the act is unconstitutional on their executive power.

The Pardoning Power

President may provide a check on the judicial branch by granting a reprieve or pardon.

A pardon is an executive grant releasing an individual from the punishment or legal consequences of a crime before or after conviction, and restores all rights and privileges of citizenship.

Pardons cannot be be used in cases of impeachment.

The most famous pardon? Gerald Ford

Six Roles of the President

Party Leader

The President helps members of his political party get elected or appointed to office.

The president campaigns for members of his party.

Example: Traveling to California to speak at a rally for a party nominee to the U.S Senate.

Commander in Chief

The President is the commander in chief of the U.S armed forces.

The president performs this duty as a civilian, someone who is not in military service.

Example: Deciding in wartime, whether to invade Afghanistan after the 9/11 attacks.

Chief Executive

The president is empowered to administer the laws and affairs of the nation.

The president is responsible for enforcing the law regardless of personal opinion.

Example: Holding a Cabinet meeting to discuss government business.

Chief of State

The president’s role as chief of state to represent the United States at public events.

Ceremonial role to promote or convey American values to the world.

Example: Awarding medals to students receiving academic honors.

Chief Diplomat

The president interacts with leaders from other nations.

This position allows him to develop foreign policy with other nations.

Example: Traveling to London to meet with the British prime minister.

Chief Legislator

The president doesn’t make laws, yet he can voice his opinion and voice his own ideas.

The president has the power to veto a bill. Example: Signing or vetoing a bill passed

by Congress.

Presidential Selection: The Framers Plan

Describe the original provisions for choosing the President.

Outline how the rise of political parties changed the original process set out in the Constitution.

Choosing a President

The President is chosen based on Provisions of the Constitution State and federal laws Practices created by the nation’s leading

political parties.

Framers Plan

Torn between selecting the President by Congress or by a direct vote of the people.

Only a few of the Framers favored choosing the President by popular vote.

Reasons why they were skeptical about a direct vote of the people

Most delegates felt that people scattered over so wide an area could not possibly know enough about the candidates to make a wise and an informed choice.

George Mason of Virginia stated The extent of the Country renders it

impossible that the people can have the requisite capacity to judge of the respective pretensions of the Candidates.”

Compromise: Presidential Selection

The President and Vice President were to be chosen by a special body of presidential electors.

The electors would cast two electoral votes, each for a different candidate.

The candidate with the most votes would become President, person with the second most votes would become Vice President.

The Electoral College is a group of people (electors) chosen from each State and the District of Columbia to formally select the President and the Vice President.

The Rise of Parties

Flaws in the system began to appear in 1796. John Adams, a Federalist candidate was elected

to the presidency. Thomas Jefferson, an arch-rival and Democratic

Republican lost to Adams by just three votes and then became Adams’ Vice President?

How did political parties expose a flaw in the Electoral College?

The Election of 1800

There were two well-defined parties Federalists (Adams), Democratic-Republicans

(Jefferson) Both parties nominated a President and V.

President. They also nominated presidential electors in

several States with the understanding that if elected, they would vote for their party’s presidential and vice-presidential nominee.

Each of the 73 Democratic-Republicans who won posts as electors voted for his party’s nominees.

In doing so they both produced a tie for the presidency. This election marked the introduction of three new

elements Party nominations for candidates Nominations for presidential electors who pledge to vote for their

party The automatic casting of the electoral votes in line with those

pledges.

The 12th Amendment

Amendment was added as a way to end the fiasco of the election of 1800.

Made one major change to the Electoral College It separated the presidential and vice-

presidential elections. This amendment certainly guarantees that the

President and Vice President will be of the same party.