Transcript THE PRESIDENCY

THE PRESIDENCY
Unit Four
Chapters 8, 9, & 10
The Roots of the Office of
President of the United States
• Distrust of the King
• Articles of Confederation & Executive Branch?
• Articles failed?
– What could an Executive Branch have done?
• Solutions:
– New gov’t needs executive power invested in one
person – a President.
The Philadelphia Convention
Qualifications for Office
• The Constitution requires that the president must be:
– 35 years old
– 14 years a U.S. resident
– A natural born citizen…let’s talk about this!
Terms of Office – Controversial!
• 4, 7, and 11 year terms were suggested at the Convention
– Also suggested: a limit of one or two terms.
• The 22nd Amendment now limits presidents to two four-year
terms or a total of 10 years in office.
– Truman, Eisenhower, and Reagan were against this.
– Lyndon Johnson and Jimmy Carter favor a single six year term.
Pay and Benefits
• President
– Receive about $500,000 per year.
• $400,000/year, and $100,000 for traveling expenses
– Also get fringe benefits:
• Use of White House, Camp David, cars, airplanes,
yacht
– Congress fixes this amount.
• Ex-President
– They all receive a lifetime pension of $148,400.
• And up to $96,000/yr for office help
• Presidential Widows
– They are entitled to a pension of $20,000/year.
Removal of a President
• Are impeachment and removal the same?
– What is step one, what is step two?
• The House conducts the investigation and drafts Articles
of Impeachment for 'treason, bribery, or high crimes and
misdemeanors.'
• The Senate tries the case with the Chief Justice of the
Supreme Court presiding.
– If 2/3rds of the Senate votes for the Articles, the president is
removed from office.
• Only two presidents have been impeached:
– Andrew Johnson and William Jefferson Clinton.
– Neither were removed from office…what about Nixon?
Succession
• As of today, 8 vacancies for the President have occurred:
– 7 presidents have died, plus Nixon on resignation.
• If the President is unable to perform his duties the vice
president then becomes responsible for the office.
• Congress passed the Presidential Succession Act of 1947
that stated the order of succession after the VP:
– Speaker of the House
– President Pro Tempore of the Senate
– Secretary of State, Treasury, Defense, and other Cabinet heads
in order of the creation of their department
• The 25th Amendment (1967) lays out succession and
allows the president to appoint a new VP if the post is
vacant.
Who takes over?
• 1 – Vice President,
Joe Biden
• 2 – Speaker of the House,
Nancy Pelosi
• 3 – President Pro-Tempore
of the Senate, Robert Byrd
• 4 – Secretary of State,
Hillary Clinton
• 5 – Secretary of Treasury,
Timothy Geithner
What merits…incapacitation?
• They never really described how a President
becomes disabled.
– They have all had strokes, heart attacks, bullets.
• VP will become Acting President if…
– 1.) The President tells Congress in writing that
he can’t do his job.
– 2.) The VP and majority of members in cabinet
inform Congress, in writing, that the President
is incapacitated.
Example of Incapacitation
• July 13, 1985
– Surgeons got a malignant tumor from Reagan’s
large intestine.
– Before the surgery Reagan transferred the
powers of President to VP George H.W. Bush.
– When he awoke, 7 hours and 54 minutes later,
he reclaimed all Presidential powers he had
previously relinquished.
The Vice President
• “I am the Vice President. In this I am nothing, but I may
be everything.”
- John Adams
• “The Vice Presidency isn’t worth a warm pitcher of spit.”
- John Garner (VP to FDR)
• This individual has two important jobs:
– To assume office if the president dies or is incapacitated.
– To preside over the Senate or to break tie votes in the Senate.
• The office has little power & VPs have low profiles.
• A vice president is chosen for a number of reasons:
– Unite the party at convention, achieve social/cultural balance on
the ticket, and they overcome candidate’s shortcomings.
Presidential Selection:
Electoral College
• The Electoral College
– Created as an alternative to popular election or
congressional election of the President.
– The electors were independent agents in the selection of
the President.
• Was state by state, with each elector casting votes for 2
candidates.
• If there’s a tie…. The House chooses!
• However political parties messed things up.
– George was right again!!!!!
Then Political Parties Came
• The Election of 1800
– Parties arose during the administration of Washington
and Adams
• Both parties put up their own candidate & electors
for 1800.
• Led to a tie b/t Jefferson and Burr, House chose TJ
• 12th amendment
– Made the Electoral College specify who they wanted
for President and who they wanted for V.P.
Electoral College Today
• Electors are chosen by popular vote.
• The party that wins the majority of the popular
vote in each State gets all the State’s electoral
votes.
• They meet at a time set by law to elect the
President.
• In case of a tie for either President or Vice
President, the decision is made by Congress.
• Check this out for last election results:
– http://www.infoplease.com/ipa/A0922901.html
But there are problems…
• Electoral votes are not distributed in exact
proportion to the population
– The winner of the popular vote may not win the
electoral vote.
• Electors aren’t bound by the Constitution to
vote for the candidate favored by the people
of the State.
Ways to fix these problems!!!
• The District Plan
– Electors are elected in each congressional district,
rather than the current winner-take-all plan.
• The Proportional Plan
– Give each candidate the share of the electoral vote that
they earned in the popular vote.
• Direct Popular Election
– No more electoral college, people elect President.
What the heck are
SUPERDELEGATES???
An early (& incorrect) projection of the 2004 election:
What are the 6 “most important” states?
Nominating the President Today
• The 2 major parties have nominated their
pres. candidates at National Conventions
since 1832.
– Anti-masons
• Delegates from each state’s party
organizations chose a ticket for the
upcoming election.
– Delegates are usually chosen at the Presidential
primaries, or at state/district conventions.
At the Conventions…
• There is no legal control over conventions.
• These are grand events that are held to…
– Adopt the party platform
– Nominate its Presidential and Vice-Presidential
candidates
– Unify the party behind that ticket for the upcoming
campaign
• The nomination is the high point of conventions.
– These usually go to white, Protestant, males who have
been governors or senators
Presidential Primaries
• 42 States have Presidential Primaries
• These are the delegate-selection processes and/or
elections in which voters can express their
preference for Presidential candidates.
• These make office-seekers test their candidacies
before the public.
• Parties out of power, usually have a hard-fought
primary.
• If a state doesn’t have a primary, they choose Convention
delegates through state/local conventions.
Legislative
Power
Chief-of-State
Pardoning
Power
Treaty-making
Power
Chief Diplomat
Chief Executive
Commander
-in-Chief
Veto Power
Appointment
Power
Presidential Roles
• Head of State
– England’s Queen doesn’t rule, but the Pres does.
• Commander in Chief
– All men/women in uniform are subject to their
direct and immediate control.
• Chief Executive
– Has all the executive power of the United States.
• Chief Diplomat
– Main architect of American foreign policy and
serves as the nation’s chief spokesperson
Presidential Roles (cont.)
• Party Leader
– Head of their political party
• Voice of the People/Chief Citizen
– They represent all American people
• Chief Administrator
– Employ nearly three million civilians, and spend
about $1.7 trillion a year
• Chief Legislator
– Sets the Congressional agenda, is the architect of
public policy.
Chief Legislator
• FDR – brief narrative
• FDR claimed the leadership and agenda setting
power for the president and got it.
• FDR shifted the president's powers from that of
simply executing policy to making it.
• However, presidents have a hard time getting
Congress to pass their programs especially during
periods of divided government.
The Constitutional Powers of
the President
• Article II is short and details powers for the Pres.
• But the first line of Article II is the most
important grant of power to the President:
• It states "the executive power shall be vested in a
President of the United States of America."
– This is the Executive Power Clause
– Where all the President’s implied powers come from
What exactly are the
Presidential Powers?
The President’s Executive Powers
• Executing the Law
– The President must carry
out all laws.
• They can interpret them
and decide how strictly
they will be enforced.
• The Ordinance Power
– They have the authority to
issue executive orders
(law).
– Have force of law, but don’t
go through Congressional
process.
• The Appointing Power
– The President can appoint
few with their own
authority.
– Most important offices must
be approved by Senate.
• The Removal Power
– There are disputes
regarding the President’s
power to remove those he
appointed with Senate’s
consent.
• He cannot do this with federal
judges.
The President’s
Diplomatic Powers
• The Power to Make Treaties
– President can make treaties, thru Sec. of State
– Senate must approve the treaty by a 2/3 vote
• Executive Agreements
– How many international agreements are made today,
pacts b/t the Pres and foreign leaders
– Don’t require Senate approval
• The Power of Recognition
– Can recognize/acknowledge, countries’ legal existence
The President & Military Affairs
• He shares war powers with Congress, with no
limit on their role as commander and chief.
• He can’t declare war, but has often used the
military without a formal declaration of war.
– Korea and Vietnam
• The President can use the armed forces to keep
peace in times of domestic turmoil.
The President’s
Legislative Powers
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Gives the State of the Union
Suggests annual budgets
Recommends special legislation to Congress
Can veto legislation
Can call special sessions of Congress
– Doesn’t really need to anymore…
• Can adjourn Congress if the two houses cannot
agree on a date for adjournment
The President’s Judicial Powers
• He can:
– Grant reprieves and pardons in cases
involving federal law.
– Reduce sentences, or fines, imposed by
a court.
– Grant amnesty, or a general pardon, to
persons who have violated the law.
The Modern Presidency
• In the 20th century, the presidency has become ever more
powerful.
• The modern Presidency begins with FDR who was
elected to four terms during two huge national crises:
– The Great Depression
– WWII.
• FDR also personalized the presidency with his use of
radio 'fireside chats' directly with Americans.
• The modern president
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leads a large government
plays an active and leading role in foreign and domestic policy
plays a strong legislative role
and uses technology to get 'close to Americans.'
Checks on
Presidential Powers
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Congress
Bureaucracy
Supreme Court
Media
Public Opinion
– Check out the following
approval ratings.
The Federal Bureaucracy
• A bureaucracy is…
– Based on principles of hierarchical authority, job
specialization, and formal rules.
– A way of organizing people to do work.
• Almost all bureaucracy is in Executive Branch.
• Made up of 3 major groups of admin agencies.
– Executive Office of the President
– The 15 Cabinet Departments
– Independent Agencies
The Presidential Establishment
• Today, the president has numerous
advisors to help make policy and fulfill
the duties of chief executive.
– The Cabinet
– The Executive Office of the President
– White House Staff
(EOP)
The Cabinet
• The Cabinet is not mentioned in the Constitution and is
formulated by each president as he/she sees fit.
• The Cabinet consists of the heads of the major
bureaucratic departments (State, Defense, Educ, etc.).
– 15 of them!
• The President appoints these members who must be
confirmed by Senate.
– Most have been white males.
• Cabinet members serve as advisors to the President.
• Congress exercises some control over the bureaucracy -through advice and consent and budget controls.
The President’s Cabinet
The Executive Office of the
President (EOP)
• The EOP was established by FDR and is a very
important inner circle of advisors to the
president.
• The EOP is staffed by persons responsible to the
president alone.
• The EOP includes such important offices as the
Chief of Staff, Press Secretary, National Security
Council, the Council of Economic Advisors, and
the Office of Management and Budget.
White House Staff
• The people most directly responsible to the
President.
– Personal assistants, senior aides, administrative
personnel and more.
• No Senate confirmation.
• Their power comes solely from their personal
relationship with the president.
• Height of 583 members in 1972.
– Now it is smaller running around 400 people.
Continuity and Change
• Too big or too small?
– Some argue that the Presidency is too large of a job for one
person. Too much power and responsibility…and too small of a
paycheck.
– Some say, look at all the power other government officials have,
and they do just fine. The President is paid plenty, thank you
very much!
• It is quite a job, among other roles they are:
– A symbol of the country
– Ceremonial leader
– The nation’s chief executive
More Bureaucracy:
Independent Agencies
• These operate outside departments in Cabinet.
• Four reasons why, some are independent because:
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Their functions don’t fit with any existing depts.
To protect their officials from political pressures.
To make them more responsive to interest-group pressures.
The peculiar and sensitive nature of their functions
• Examples:
– Central Intelligence Agency, Environmental Protection Agency,
Farm Credit Administration (p.383)
• Three kinds: independent executive agencies, independent
regulatory commissions, and government corporations.
Different Kinds…
• Independent Executive Agencies
– Most Indep. Agencies fall into this category.
– Have a single administrator over subunits that operate
on a regional basis.
• Independent Regulatory Commissions
– Are created to regulate important aspects of the nation’s
economy.
– Need Senate confirmation.
• Government Corporations
– Are within executive dept, under Pres’ control.
– Need Senate confirmation.
The Federal Budget
• The budget is responsibility of Pres/Congress.
– The Pres proposes it and congress approves or not.
• The Office of Management and Budget
– Each federal Agencies submit estimated budgets.
– This office reviews the requests, holds hearings, fits all
requests into federal budget that is sent to Congress.
Next Steps for the Budget
• President’s budget is referred to Budget Committee in each
house.
– What kind of committee is this?
• The Congressional Budget Office helps these committees
study and make decisions about the President’s budget.
• Budget goes to both Appropriation Committees, who
fashion the bills that appropriate the money.
• Congress tries to pass the Budget by October 1st…but
usually doesn’t happen, so they just pass emergency
spending legislation to allow the Gov't to keep going until
the Budget is finally accepted.
Things to keep in mind about federal $$$
• 20% of federal spending is controllable.
– 80% is uncontrollable.
• The most $$$$ is spent on social security.
• The second largest amount is spend on
interest.
Foreign Policy
• Isolationism to Internationalism
• Foreign Policy
– Is all of the Federal Government’s statement and
actions with regard to foreign countries, including
treaties and alliances, international trade, defense, and
foreign aid.
• The President’s Responsibilities
– Commander & Chief, and Chief Diplomat
– Has tons of departments and agencies to help them