Transcript Magruder’s American Government

Magruder’s
American Government
C H A P T E R 13
The Presidency
© 2001 by Prentice Hall, Inc.
C H A P T E R 13
The Presidency
SECTION 1
The President’s Job Description
SECTION 2
Presidential Succession and the Vice Presidency
SECTION 3
Presidential Selection: The Framers’ Plan
SECTION 4
Presidential Nominations
SECTION 5
The Election
1 2 3 4 5
Chapter 13
SECTION 1
The President’s Job Description
 What
are the President’s many roles?
 What are the formal qualifications
necessary to become President?
 What issues have arisen involving the
length of the President’s term?
 How is the President compensated?
2 3 4 5
Chapter 13, Section 1
The President’s Roles
Chief of State
 The President is chief of state. This means he is the
ceremonial head of the government of the United States,
the symbol of all the people of the nation.
Chief Executive
 The Constitution vests the President with the executive
power of the United States, making him or her the
nation’s chief executive.
Chief Administrator
 The President is the chief administrator, or director, of
the United States government.
Chief Diplomat
 As the nation’s chief diplomat, the President is the
main architect of American foreign policy and chief
spokesperson to the rest of the world.
2 3 4 5
Chapter 13, Section 1
More Roles of the President
Commander in Chief
 The Constitution makes the President the
commander in chief, giving him or her complete
control of the nation’s armed forces.
Chief Legislator
 The President is the chief legislator, the main
architect of the nation’s public policies.
Chief of Party
 The President acts as the chief of party, the
acknowledged leader of the political party that
controls the executive branch.
Chief Citizen
 The President is expected to be “the representative of
all the people.”
2 3 4 5
Chapter 13, Section 1
Qualifications for President
Article II, Section 1, Clause 5, of the Constitution
says that the President must:
1 . B e “a n a tu ra l b o rn
c itize n .”
2 . B e a t le a s t 3 5 y e a rs o f
age.
A p e rso n m u s t b e b o rn a c itize n o f
th e U n ite d S ta te s to b e a b le to
b e co m e P re s id e n t.
J o h n F . K e n n e d y a t a g e 4 3 w a s th e
y o u n g e s t p e rso n to b e e le c te d
P re s id e n t.
3 . H a v e liv e d in th e U n ite d
S ta te s fo r a t le a s t 1 4 y e a rs .
In fo rm a l q u a lific a tio n s , s u c h a s
in te llig e n c e a n d c h a ra c te r, a re a ls o
im p o rta n t c o n sid e ra tio n s .
2 3 4 5
Chapter 13, Section 1
The President’s Term
Until 1951, the Constitution placed no limit on
the number of terms a President might serve.
 Traditionally, Presidents limited the number of
terms served to two. This tradition was broken
by Franklin D. Roosevelt in 1940 when he ran
for and won a third term in office. He then went
on to be elected to a fourth term in 1944.
 The 22nd Amendment placed limits on
presidential terms. A President now may not be
elected more than twice or only once if they
became President due to succession.

2 3 4 5
Chapter 13, Section 1
Pay and Benefits
Congress determines the President’s
salary, and this salary cannot be
changed during a presidential term.


monetary benefits,
The President’s pay was  Besides
the President gets to live in
first set at $25,000 a
the 132-room mansion that
year. Currently, the
we call the White House.
President is paid
 The President is also
$400,000 a year.
granted other benefits,
Congress has also
including a large suite of
approved an expense
offices, a staff, the use of
allowance for the
Air Force One, and many
President, which is
other fringe benefits.
currently $50,000 a year.
2 3 4 5
Chapter 13, Section 1
Comparative Governments: Other
Heads of State
2 3 4 5
Chapter 13, Section 1
Section 1 Review
1. As commander in chief, the President
(a) is the leader of all the nation’s armed forces.
(b) initiates legislation.
(c) is the director of the government.
(d) represents the citizens of the United States abroad.
2. In order to become President, a citizen needs to be at least
(a) 25 years old.
(b) 35 years old.
(c) 45 years old.
(d) 30 years old.
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2 3 4 5
Chapter 13, Section 1
Chapter 13: Executive Branch
Section 2
Presidential Succession & the Vice Presidency
Introduction
 Out
of 46 VPs –
14 reached the
Presidency
 Most Recent =
George Bush Sr.
The Constitution & Succession
 Presidential
Succession – Scheme by
which presidential vacancy is filled
 1st in line = Vice President
 Originally constitution did not provide
succession of the V.P. – Offices and duties
transfer to V.P. not the office itself
 Precedent set by John Tyler 1841
 25th Amendment 1967 – V.P. Shall
become P. in case of death/resignation
The Constitution & Succession
 Congress
fixed the
succession after V.P. –
Presidential Succession
Act of 1947
 Succession V.P.,
Speaker of the House,
President pro Tempore,
Secretary of State, 14
Cabinet Heads
 Order determined by
Congress
Presidential Disability
 B4
25th Amendment no provisions for a
disabled president – 180 years the nation
gambled with fate
 (1)
Eisenhower suffered 3 illnesses
 (2) James Garfield disabled for 80 B4
dying
 (3) Woodrow Wilson suffered a stroke
that knocked him out for the rest of his
2nd term
 25th
Presidential Disability
Amendment –
Sections 3 & 4 deal with
disability
 V.P. will take over when
 (1)
P. informs Congress
in writing that he is
unable to perform his
duties
 (2) V.P. and Cabinet
informs Congress in
writing that President is
incapacitated
Presidential Disability
President may resume powers by
informing Congress that no disability
exists
 V.P. & a majority of the Cabinet may
challenge – if they do so, Congress has 21
days to decide
 Disability Provision used 2

 (1)
Ronald Regan – 8 hours
 (2) George W. – 2 hours
The Vice Presidency
2
formal duties assigned
by the Constitution
 (1)
Preside over the
Senate
 (2) help decide the
question of presidential
disability
 “President-in-waiting”
 Office
of little real
consequence and butt of
many jokes
The Vice Presidency
Blame 4 low status placed on parties and
how they select their candidates
 National Convention names President –
President chooses someone who will
“Balance the Ticket” Running mate who
can strengthen his chance of being
elected by virtue of certain ideological,
geographic, racial, ethnic, gender, etc.

Vice Presidential Vacancy
V.P. has been vacant 18 times (9 out of
Presidential succession, 2 resignations, 7
deaths)
 Not until 25th Amendment did the
Constitution deal with V.P. succession
 President nominates someone – confirm
by majority vote of both houses

 Dick
Vice Presidency Today
Cheney – viewed as most
influential V.P.
 Impressive Resume Ford’s Chief
of Staff, Representative (Wyoming),
Bush Sr. Secretary of Defense
 No president willing to make V.P.
true Assistant President – Why?
 V.P.
not subject to ultimate
discipline President cannot fire the
V.P.
Chapter 13, Section 4
Presidential Nominations
Introduction
So…How are President’s nominated?
 Framers designed a system where
presidential electors would select the
“wisest and best man” to be president BUT
the rise of political parties altered this
system…

The Role of Conventions
Primary role: to elect presidential candidates
 First method the parties developed:
Congressional Caucus – but the
nonrepresentative character of this system led
to its downfall in the mid 1820s
 1832 – Both parties began using National
Conventions (what we still use today)

Convention Arrangements
 How
do conventions work? Not found in
the Constitution; developed by the 2
parties
 National Committees (one for each party)
make arrangements for their party’s
convention
 Sets the date and location
 Party not in power meets 1st (July)

Party in Power (Aug)
 Big
cities try to bid for location
The Apportionment of Delegates
National committee issues a “call” (a formal
announcement) for the convention
 Each state party gets a certain # of delegates
based on that State’s electoral vote
 Some states get bonus delegates for good past
support
 2004: Republican Party – 2,509 delegates
Democratic Party – 4,353 delegates
NOT a deliberative body!

Selection of Candidates
 There
are really 2 campaigns for the
Presidency
 1.
Contest b/t Republican & Democrat in the
fall
 2. Much earlier & takes place within each
party – the struggle for convention delegates
Selection of Candidates
 State
laws &/or party rules decide
how state delegates are chosen –
a reflection of federalism
 Republican
party: delegate
selection based on State law &
State organizations
 Democratic party: adopted
several nat’l rules adopted to
broaden participation in the
process (especially by young,
minorities, & women)
Presidential Primaries
¾ of delegates come from states that hold
presidential primaries
 Presidential Primary – an election in which a
party’s voters

 1.
Choose some or all of a State party
organization’s delegates to their party’s nat’l
convention &/or
 2. express a preference among various
contenders for their party’s presidential
nomination
History of the Presidential Primary
 1st
appeared in early 1900s
 Wisconsin passed the 1st presidential
primary law in 1905
 1916 – nearly ½ states had adopted
presidential primary laws
 1960s – primaries became unpopular
 1970s – reforms, particularly by
Democrats reversed the trend
Primaries Today
 Reminder:
presidential primary is either or
both of 2 things – a delegate-selection
process &/or a candidate preference
election
 After that, different among every state
 Why?
 Details
of delegate-selection process is
determined by each States’ laws
 Ongoing reform efforts by the Democratic
Party have prompted changes in States’ laws
Proportional Representation



Several primaries were winner-take-all: the
candidate who won the preference vote
automatically won the support of all
delegates chosen at the primary (not used
any longer by Democrats)
Instead Democrats use Proportional
representation: any candidate who wins at
least 15% of the votes in a primary gets the
# of that State’s Democratic convention
delegates that corresponds to his or her
share of that primary vote (complicated)
Republicans use both Proportional
representation & winner-take-all
Evaluation of the Primary
 Despite
the complication & confusion of
primaries, they are vital
 Presidential primaries democratize the
delegate-selection process & force
candidates to be tested and screen out
unqualified contenders
Evaluation of the Primary
 Most
important for the party
out of power
 Why is it not as important for
party in power?
 b/c
(1) president is up for
reelection or (2) he is backing
someone for the nomination
 There are exceptions of course
Reform Proposals
Presidential primaries
demand a lot of
candidates (time, effort,
money, scheduling, &
fatigue) and test the
public
 Therefore, critics would
either do away with
conventions or propose a
series of regional
primaries

The Caucus-Convention Process
 For
states that do not hold presidential
primaries, delegates are chosen in a
system of caucuses and conventions
 Local caucuses choose delegates to a
local convention and then those
delegates chosen at a state
convention
 Oldest method for picking national
convention delegates
The National Convention
Once all of the primaries and caucuses have
been held & delegates are chosen – the 2 major
parties hold their National Conventions (the
mtgs at which the delegates vote to pick their
presidential and VP candidates
 Each convention seeks 3 major goals
 1. naming the party’s presidential and VP
candidates
 2. bringing the various factions & the leading
personalities together for a common purpose
 3. adopting the party’s platform (its formal
statement of basic principles, stands on
major policy matters, and objectives for the
campaign and beyond)

The National Convention II
Successful parties also: promote party unity,
mobilize support for the party ticket, & capture
the interest & attention of the country
 1st 2 Days: welcome, organize, speeches, adopt
platform, & deliver keynote address
 Last 2 Days: nominate party’s
candidates for Pres. & VP;
nominating, voting, &
selecting of the party’s
presidential candidate; &
presidential acceptance speech

Who is Nominated?
Party in power: if an incumbent President
wants it, he usually gets the nomination
 When the president is not in the field, many
contend for the nomination
 Many characteristics play a role in who is
nominated

 Political
experience – clean records; often
governors or Senators
 Religion – Protestant; home state – large states;
appearance, family life, and speaking ability–
b/c of TV; gender – males; etc
SECTION 5
The Election
 What
are the flaws in the electoral
college?
 What
is the function of the electoral
college today?
 What
are the advantages and
disadvantages of proposed reforms in
the electoral college?
40
SECTION 5
1 2 3 4
Chapter 13, Section 5
SECTION 5
The Election
 What
is the function of the electoral
college today?
 What
are the flaws in the electoral
college?
 What
are the advantages and
disadvantages of proposed reforms in
the electoral college?
41
SECTION 5
Chapter 13, Section 5
The Electoral College Today
•
Voters do not vote directly for
the President. Instead, they vote
for electors in the electoral
All States, except two
On January 6, the electoral
college.
(Maine and Nebraska),
votes cast are counted by
•
select electors based on the
winner of the popular vote
in that State.
•
Electors then meet in the
State capitals on the Monday
after the second Wednesday
in December and cast their
votes for President and Vice
1 2 3 4
President.
the president of the Senate,
and the President and Vice
President are formally
elected.
•
If no candidate wins a
majority of electoral votes
(270), the election is thrown
into the House of
Chapter 13, Section 5
Representatives.
Flaws in the Electoral College
There are three major defects
in the electoral college:
(1) It is possible to win the popular vote in the presidential election, but
lose the electoral college vote. This has happened four times in U.S.
history (1824, 1876, 1888, and 2000).
(2) Nothing in the Constitution, nor in any federal statute, requires the
electors to vote for the candidate favored by the popular vote in their
State.
(3) If no candidate gains a majority in the electoral college, the election is
thrown into the House, a situation that has happened twice (1800 and
1824). In this process, each State is given one vote, meaning that
States with smaller populations wield the same power as those with
larger populations.
Chapter 13, Section 5


Proposed Reforms
In the district plan, electors
would be chosen the same way
members of Congress are
selected: each congressional
district would select one elector
(just as they select
representatives), and two
electors would be selected based
on the overall popular vote in a
State (just as senators are
selected).
The proportional plan
suggests that each candidate
would receive the same share of
a State’s electoral vote as he or
she received in the State’s
popular vote.


A commonly heard reform
suggests that the electoral
college be done away with
altogether in favor of direct
popular election. At the polls,
voters would vote directly for
the President and Vice President
instead of electors.
The national bonus plan
would automatically offer the
winner of the popular vote 102
electoral votes in addition to the
other electoral votes he or she
might gain.
Chapter 13, Section 5
Electoral College Supporters
There are two major strengths of the
electoral college that its supporters espouse:
 It
is a known
process. Each of
the proposed, but
untried, reforms
may very well have
defects that could
not be known until
they appeared in
practice.
 In
most election
years, the
electoral college
defines the
winner of the
presidential
election quickly
and certainly.
Chapter 13, Section 5
Civics Ch. 14 – Presidency In
Action
Section 1: The Growth of Presidential Power
Introduction
powerful office
in the world”
 What the Framers
wanted?
 Framers want a
Checked or Limited
presidency
 “most
Article II
 Article
II – Constitution’s Executive
Article
 Sets out powers such as:
 Command
Armed Forces, Make Treaties,
Send/Receive Diplomats, Etc.
 Powers
of the President very sketchy –
Article II most loosely drawn part of the
nations law
 Struggle around defining the power of
the presidency
Why Presidential Power Has
Grown
 Constitution’s
formal grants of
power to the
President has not
changed but
Presidential power
has grown a lot
 Why – 6 Things
1.
Why Presidential Power Has
Grown
Unity of the Presidency – Office &
Powers held by one person where as
Congress is Two houses
2. Strong Presidents – Abraham Lincoln,
FDR
3. Nation’s Complex Social & Economic Life
– U.S. became more industrialized,
people demanded the Federal Gov’t
especially President to take larger role in
transportation, wealth, welfare,
education, etc.
4.
5.
Why Presidential Power Has
Grown
War – Need for
immediate and
decisive actions
Congress – Congress
has time to only
provide outlines for
policies Pass
legislation that allows
the Executive Branch
to carry out laws
Why Presidential Power Has
Grown
 President has ability to attract attention &
build support for policies – How?
 Use Mass Media Forms of
communications, esp. radio and T.V.
 Remember – President not all powerful
 Truman
– Overstepped Constitutional
power by seizing private property
 Bush (W) – Overstepped with containment
of persons captured in the War
Presidential View
Presidents take 2 views on powers of the
Presidency
 (1) Roosevelt Stewardship Theory – President
should have undefined and limitless power
unless specifically forbidden by the Constitution
 (2) Taft Only exercise those powers
specifically granted by the Constitution or
through Congressional Legislation

 Critics
Presidential View
of strong Presidential power
condemn Imperial Presidency –
President as Emperor who makes strong
actions without consulting Congress or
acting in secrecy
 Richard
 Worried
Nixon
that Presidents have become
isolated policy makers
Chapter 14, Section 2
The President’s Executive
Power
Introduction
 The
President’s
power to execute
the law endows
him with an
enormous amount
of authority.
Executing the Law
President is Chief Executive – executes
(enforces, administers, carries out) the
provisions of federal law
 2 constitutional provisions provides these
powers

 1.
oath of office – sworn by President on day he
takes office (“I do solemnly swear that I will
faithfully execute the office of President…”
 2. Constitutions command that “he shall take
that the laws be faithfully executed”
Executing the Law
President’s power to execute the law covers
all federal laws (ex: social security, gun
control, minimum wages, affirmative action,
immigration, and MANY others)
 In executing & enforcing law, the executive
branch also interprets it

 The
Pres. may, & does, use discretion to how
vigorously and in what particular way any given
law will be applied in practice
 Congress sets out basic policies; specific details
left to be worked out by exec. branch
Introduction to the Ordinance
Power
Job of administering & applying
most federal laws is the day-today work of all of the many
depts, bureaus, offices, boards,
commissions, councils, & other
agencies that make up the huge
executive branch (2.7 million
men & women)
 Pres has power to issue
executive orders – a directive
rule, or regulation that has the
effect of law

Ordinance Power

Ordinance power –
the power to issue
executive orders;
comes from 2
sources:
 1.
The Constitution
 2. The acts of
congress
The Appointment Power
Pres cannot succeed without loyal
subordinates that support him
 With Senate’s consent, the Pres names most
of the top-ranking officers of the fed govt
(process=graphic organizer)

 1.Ambassadors
& other diplomats
 2.Cabinet members & their top aides
 3.The heads of such independent agencies as
the EPA & NASA
 4.All federal judges, US marshals, & attorneys
 5.All officers in the armed forces
The Removal Power
Constitution does not say
how or by whom appointed
officers may be dismissed
 The Historical Debate:



1. Should the Senate be
responsible for removing offices
OR
2. Should the President (the 1st
congress gave the Pres the
power to remove any officer he
appointed, except federal
judges; Congress has tried to
restrict this power)
The Removal Power:
Removal & the Court





1926 Myers v US – question of President’s removal
power brought to Supreme Court
1920 Woodrow Wilson removed Frank Myers
(postmaster of Portland, OR)
Myers sued for salary of his 4 year term
Supreme Court stated that power of removal was an
essential part of the executive power
1935 Supreme Court placed limits on President’s
removal power


Ruled that Congress has the power to set conditions under
which officers might be removed by the Pres
FYI dismissals are often called “resignations”
Chapter 14 – The Presidency in
Action
Section 3: Diplomatic & Military
Powers
The Power to Make Treaties
 Treaty
– Formal agreement B/T 2 or more
sovereign states
 Negotiated by President through Secretary
of State – Requires 2/3 vote of approval
by Senate
 Senate does not ratify treaties – “Advice
& Consent”
 President Ratifies after approved
The Power to Make Treaties
 Treaties
have same
legal standing as acts
passed by Congress
 Congress can appeal
(Abrogate) by passing
a law contrary to the
Treaty & a law can be
repealed by a treaty
The Power to Make Treaties
 If Treaty & Federal
Law conflict last
enacted is law
 Treaty cannot
conflict with
Constitution but
none have been
found
unconstitutional
The Power to Make Treaties
Framers chose Senate to
advise President on Treaties
B/C of its size & secrecy
important – House to Big to
keep secret
 2/3s Rule possibility that
minority can kill a treaty
 Treaty of Versailles (1920)

Executive Agreement
 Many
agreements esp. routine ones are
Executive Agreement – Pact B/T
President and foreign head of State or
B/T their subordinates
 Can be made without Congressional
consent but usually come from
Congressional legislation or current
treaty
The Power of Recognition
 When
Pres. receives diplomats from
another sovereign states he exercises
his power of Recognition President,
acting for U.S., acknowledges the legal
existence of that country & its gov’t,
accepts it as an equal
 Does not mean that it approves the
character/conduct
 China
The Power of Recognition
 Often
used as weapon –
T. Roosevelt (Panama) &
Truman (Israel)
Guaranteed success of
the nations
 Show displeasure by
declaring a Persona Non
Grata – Recalling a
nation’s ambassadors or
diplomats Very harsh
Commander in Chief
 Congress
has War Powers
but Pres. dominates
Military policy – almost no
limit
T. Roosevelt – sent
Great White Fleet
around the world.
Congress objected
 Presidents can delegate
Making Undeclared War
 Can
the Pres. declare war without
Congressional consent?
 Many people say NO but History proves
otherwise
 John
Adams 1st to send troops w/out
declaration – James Madison & Jefferson
followed
 Korea
& Vietnam – most extensive
“Undeclared Wars”
Congressional Resolutions
 Congress had not
declared war since
WW2
 Enacted 8 Joint
Resolutions
allowing Pres. to
use military force
internationally
Congressional Resolutions
1.
2.
3.
4.
1955 – Eisenhower wanted to guard
Taiwan against China
1957 – Eisenhower allowed to
check Soviet in M.E.
1962 – Kennedy & Cuban Missile
Crisis
1962 – Kennedy, military response
with construct of Berlin Wall
Congressional Resolutions
5. 1964 – Johnson, defeat Communism
is SE Asia
6. 1991 – Bush Sr., Desert Storm &
Persian Gulf
7. 2001 – W, Post 9/11 War in
Afghanistan, Philippines, Georgia, &
Yemen
8. 2002 – W, Operation Iraqi Freedom
Eliminate Hussein
Other Uses of Military Power
 President
have deployed armed forces
without Congressional Resolution – 4
Examples
 (1) Korean War
 (2) Reagan – Invasion of Grenada in 1983
to settle coup
 (3) Bush Sr. – Invasion of Panama to oust
a dictatorship
 (4) Clinton – Troops to the Balkans B/C of
ugly Civil War
War Powers Resolutions
 National
frustrations
with Vietnam led
Congress to pass the
War Resolution Act of
1973 Place limits
on Pres. war making
powers – 3 Provisions
War Powers Resolutions
W/in 48 hrs. of sending troops,
President must report to Congress with
details
2. Combat commitment must end W/in 60
days unless Congress agrees to a
longer period (Can be extended 30
Days)
3. Congress can end Combat Commitment
@ anytime with concurrent resolution
**Constitutionality of War Powers
1.
Chapter 14 S E C T I O N 4
Legislative and Judicial Powers
 How
are the President’s legislative
powers an important part of the system
of checks and balances?
 What
are the President’s major judicial
powers?
1 2 3
Chapter 14, Section 4
Legislative Powers
The Veto Power
Recommending
• All legislation passed by
Legislation
Congress is sent to the
•
•
The Constitution provides
that the President shall
report to Congress on the
state of the Union and
recommend necessary
legislation.
This power is often called the
message power.
President for approval.
•
If the President
disapproves of a bill, he
can veto it. That veto can
only be overturned by a
two-thirds vote of both
houses of Congress.
Chapter 14, Section 4
The Line-Item Veto and Other
Legislative Powers
The Line Item Veto
A line-item veto measure would allow the President to
reject specific dollar amounts in spending bills enacted by
Congress.
 In 1996, Congress passed the Line Item Veto Act;
however, it was struck down by the Supreme Court in
1998.

Other Legislative Powers

According to Article II, Section 3 of the
Constitution, only the President can call a
Congress into special session.
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Chapter 14, Section 4
Judicial Powers




The Constitution gives the President the power to “...grant
reprieves and pardons for offenses against the United
States, except in cases of impeachment.” —Article II,
Section 2, Clause 1
A reprieve is the postponement of the execution of a
sentence.
A pardon is legal forgiveness for a crime.
These powers of clemency (mercy or leniency) may be
used only in cases of federal crimes.
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Chapter 14, Section 4
Section 4 Review
1. A presidential veto of legislation can only be overturned by
a
 (a) two-thirds vote in both houses of Congress.
 (b) two-thirds vote in the Senate.
 (c) two-thirds vote in the House.
 (d) three-fifths vote in both houses of Congress.
2. Reprieves and pardons are both examples of the
President’s
 (a) appointment power.
 (b) wartime powers.
 (c) ordinance power.
(d) clemency
power.
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Chapter 14, Section 4