American Government The Executive Branch The Executive Branch Office of The President Requirements for Office Term of Office Succession Impeachment.

American Government The Executive Branch

The Executive Branch

Office of The President

Requirements for OfficeTerm of Office

SuccessionImpeachment


Reviewing our History…

• American colonists distrusted the King• AOC did not include a President.

• When the Articles failed• Framers saw the need for a strong executive• Also wanted to limit power to prevent abuse.

• Most Framers agreed that executive power belong to one person.


Qualifications to be President• Formal Requirements (Constitutional)

• Must be 35 years old• Kennedy was the youngest elected • Reagan was the oldest elected

• Must be a Natural born citizen

• Must have resided in the US for 14 years

• Informal Requirements


The Constitutional ConventionTerm of Office• Length of office was controversial (4, 7, 11 years?)

• several of the Framers suggested term limits (1-2 terms)

• Settled on a 4 year term with no limits until…

22nd Amendment (1951)• limits presidents to

• Two four-year terms or • No more than 10 years in office.

• Previously, it was customary to serve two terms• Established by Washington, broken by FDR


Succession• 8 presidents have died in office

• (also Nixon resigned)

• 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


25th Amendment• Clarified that the Vice President succeeds the

President in the case of removal, death or resignation.

• Executive power passes temporarily to VP if:• President informs Congress that he is disabled OR• VP and majority of the cabinet informs Congress of

Presidential disability.• President can regain executive power by informing

Congress that he is ok.• Also allowed the president to appoint a new VP

if the post is vacant. – Must be confirmed by House and Senate


The Vice President• The VP’s primary job is to assume

office if the president dies or is incapacitated.

• His/her only formal duty is to preside over the Senate or to break tie votes in the Senate.

• Historically, the office has had little power and often VPs have low profiles.


Removal of a PresidentThe Ultimate Check

• The House• conducts the investigation• Drafts and votes on Articles of Impeachment

• Majority vote

• Impeachable offenses include: • “treason, bribery, or high crimes and misdemeanors.”

• The Senate • tries the case• Chief Justice of the Supreme Court presides

• 2/3 vote to remove from office

• Two Presidents have been impeached• Andrew Johnson• William Jefferson Clinton

• Neither were removed from office.


Presidential Roles

Constitutional Roles

Other Expectations


Constitutional Roles of the President• Chief of State

• ceremonial head of government• human symbol of the American people.

• Chief Executive / Chief Administrator• makes sure that the nation's laws, policies, and programs are carried out

(executed).• “the boss” - manages the federal government and its employees (the

bureaucracy) • Chief Legislator

• can veto or sign bills into law• suggests new laws (ex: the State of the Union address)• asks Congress to take action on important problems

• Chief Diplomat• sets U.S. policies toward other countries• speaks for the country to the rest of the world

• Commander in Chief• controls the military


Other Expectations• Party Chief

• assists members of his party in getting elected• natural leader - member of the party with the most influence

• Chief Citizen• the model citizen• the moral leader• expected to do what is best for all of the nation

• Crisis Manager• lead the nation through crisis

• Leader of the Free World• assist other nations• symbol of democracy

• Manager of the Economy• Fix / prevent economic troubles


Presidential Powers

Specific Powers of the President


ExecutivePowers

LegislativePower

MilitaryPowers

DiplomaticPowers

JudicialPowers


Executive Powers• Executing the Law: The President must

enforce all laws, but he can use his discretion in how vigorously to enforce them.

• Ordinance Power: Executive Order: This has the force of law and usually directs the Executive Branch how to enforce a new law or policy.

• Appointing Power: May appoint people to his cabinet, judges, ambassadors, etc.

• Removal Power: May remove appointees• Except judges and Congress may set rules for

removal of some appointees.


Diplomatic and Military Powers• Treaty Power: President may make treaties with

other nations, it requires Senate approval• Executive Agreements: Pacts with foreign

leaders that do not require Senate approval.• Recognition Power: President may open

relations with other nations.• Making Undeclared War: The President may

use the military without a declaration of war• Wartime Powers: During war, the President’s

power expands. He can order rationing of goods and services and nationalize some industries vital to the war effort.


President as Commander In

Chief

• President may command troops to fight, not Congress

• War Powers Resolution Act:• Passed in 1973

• Result of Johnson and Nixon involvement in Vietnam

• Meant to limit the powers of the President, vetoed by Nixon

• Congress must be notified of deployment within 48 hours.

• Forces must be removed within 60-90 days unless Congress approves or declares war

• Many Presidents claim that it is unconstitutional

• Has not been taken to the Supreme Court


Legislative Powers• Recommending Legislation: The

President may recommend legislation to Congress.

• Veto Power: President may veto legislation.


Judicial Powers• Reprieve Power: President may delay a

sentence for a person convicted of a crime.• Pardon Power: President may pardon any

person accused or convicted of a crime.• Nixon: After he resigned, Nixon was

pardoned by Ford.• Commutation of Sentence: President may

reduce the sentence of anyone convicted of a crime.

• Amnesty: The President may grant pardons to groups of people accused of committing crimes.


Electing the President

History


Presidential Election• Framer’s Plan:

• Created an Electoral College• The sole purpose of the Electoral College is

to elect the President and the Vice President.

• Why the electoral college?• Why not Congress?

• Separation of Powers• Why not popular vote?

• Thought the US was too large • People would not know the candidates


Framer’s Plan• Popular vote in each state would choose

electors to vote for Presidential candidates.

• The electors then cast two votes each for the candidate of their choice.

• The candidate who received the most electoral votes would become President

• The person who finished second would be VP.


Election of 1800• In 1800, Jefferson ran against John Adams.• Jefferson chose Burr as a running mate. • Jefferson won more electors in the general election.• When Jefferson’s electors voted, each of them cast their

two votes for Jefferson and his running mate: Burr.• Since the Constitution did not specify separate votes for

President and VP, they each tied in the Electoral College.

• The election was decided in the House.• In the case of a tie, the House chooses between the top

three candidates for President• The Senate chooses the Vice President.


12th Amendment

• 12th Amendment separated the vote for President and VP.

• Now each elector casts one vote for President and one for VP separately.


Nominating Season

February – June

Of Presidential Election Years


Modern Setup• Nomination: For each party there are several

candidates. Each candidate wants to receive the party’s nomination

• Why? To become the ONLY democratic or republican candidate in the general election.

• These candidates compete in each state• State use either a Caucus or Primary to narrow

down the field of candidates.• Candidate receive delegates who vote for them

at their political party’s Convention.


Caucus/Primary• Each state chooses delegates

with one of these.

• Caucus: Members of the party hold meetings to choose between candidates.

• Primary: A public election is held to choose between candidates.


Delegates• When a candidate wins votes in a Caucus

or Primary, he/she is awarded a certain amount of the state’s delegates.

• These delegates go and cast a vote for the candidate they represent at the Party Convention.


The National Conventions• Held in the Summer before the General

Election

• What happens at the national conventions• Party nominates a candidate• Party platform (ideas) is debated and

approved• Each issue is called a “plank”


The Electoral College

How it works

Problems

Proposed Changes


Electoral College• Popular vote is held - Tuesday, following the first

Monday in November, every 4 years.• Winner – take – all: The winner of the popular

vote gets all of the states electoral votes. • Each state’ electoral votes are equal to their

number of representatives in Congress (House+Senate)

• 435+100+3 (DC)=538, Majority Wins• 270 is Magic Number• Electoral Votes are counted on Jan 6th.


Problems with Electoral College• Winner of the popular vote can lose election.• In half of the states, electors are allowed to

vote for someone other than the winner of the state.

• Elections may be thrown into the House of Representatives, where voting is State by State.


Proposed Reforms• The District Plan — The district plan would

allow electors to be elected in each congressional district, rather than the current winner-take-all plan.

• The Proportional Plan — The proportional plan would give each candidate the share of the electoral vote that he or she earned in the popular vote.

• Direct Popular Election — Under this system, the Electoral College would be abolished, and each citizen's vote would count equally toward the presidential election.


The Defense• Well known process• Identifies the winner quickly and certainly• Critics exaggerate the danger of an

undemocratic outcome• Can’t change the rules in the middle of the

game.


Presidential Benefits and the Bureaucracy


Presidential Pay and Benefits• Salary: In 2001, President George Bush became the

first to make $400,000. • Secret Service Protection: The Secret Service was

created in the early 1900s.• Living Conditions: White House.• Transportation: Airplane: Air Force 1

Helicopter: Marine 1


The Executive Organization The Executive Office of the President (the EOP) –

consists of 10 staff agencies that assist the president in carrying out major duties.o includes the White House Office (WHO)o the National Security Council (NSC)o the Office of Management and Budget (OMB)o the Council of Economic Advisors (CEA)

The Cabinet – comprised of the 14 cabinet secretaries and the Attorney general, the cabinet is an advisory group selected by the president to aid in making decisions

The Independent Agencies




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, Treasury, etc.).

• Congress exercises some control over the bureaucracy -- through advice and consent and budget controls.


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 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 are the White House staff such as personal assistants, senior aides, administrative personnel and more.

• There is no Senate confirmation and their power comes solely from their personal relationship with the president.

• The White House staff reached a height of 583 members in 1972, but has gotten smaller since then generally running at around 400.


How Presidents have shaped the

Presidency


George Washington 1789-1797

• Most revolutions result in dictatorships

• careful to stay within the strict limits of the Constitution

• set foreign policy (no entangling alliances)


Thomas Jefferson 1801-1809

• Louisiana Purchase

• strong legislative leader

• strong party leader

• committed to individual freedoms


James Monroe 1817-1825

• Monroe Doctrine


Andrew Jackson 1829-1837

• peoples leader

• Jacksonian democracy


Abraham Lincoln 1861-1865

• commander-in-chief

• raised money for civil war

• put army in the field

• suspended newspapers


Theodore Roosevelt 1901-1909• stewardship

• “Bully Pulpit”

• Roosevelt’s Corollary


Woodrow Wilson 1913-1921• Recognized changed status of U.S. (WW

I)

• proposed League of Nations


Franklin Roosevelt 1933-45• assumed gov’t responsibility for

performance of the economy

• fireside chats

• New Deal

• WW II - active foreign policy


Harry Truman 1945-53• Nuclear age

• Truman Doctrine


Lyndon Johnson 1963-1969• War Powers Act 1973

• “War on Poverty” - Great Society


Richard Nixon 1969-1974

• Watergate

• “Imperial Presidency”


Reagan/Bush 1980-1991• Active foreign policy

• “media” presidents


Bill Clinton 1992-2000• domestic agenda

• media

• economy

• impeachment

American Government The Executive Branch The Executive Branch Office of The President Requirements for Office Term of Office Succession Impeachment.

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