Chapter 13 The Presidency. The President’s Roles Chief of State – Ceremonial Head of the Government Chief Executive – Vested with the Executive Power.

Chapter 13The Presidency

The President’s Roles

• Chief of State – Ceremonial Head of the Government

• Chief Executive – Vested with the Executive Power

• Chief Administrator – Director of the Federal Government

• Chief Diplomat – main architect of foreign policy

• Commander in Chief – Head of the armed forces

• Chief Legislator – Sets the overall shape of the congressional agenda

• Chief of Party – Leader of his political party

• Chief Citizen – Expected to work for and expected to represent the public interest

Formal Qualifications

• Natural Born Citizen• 35 years old• Lived in the USA for at least 14 years

The President’s term

• 1951- 2 term limit was placed on the President• Due to FDR winning a 4th term in office

Pay and Benefits

• In 1789 the President made $25,000. • Has been raised over time to a level of

$400,000. Passed in 1999 effective in 2001.

• Also gets a $50,000 expense account

Section 2

• Presidential Succession and the Vice Presidency

The Constitution and Succession

• Originally, the Constitution did not provide for succession.

• It said that the “powers and duties” were to devolve on the Vice President

• Officially placed in the Constitution with the 25th amendment in 1967

Presidential Succession OrderSet by the Presidential Succession Act of 1947

• Vice President• Speaker of the House• President Pro Tempore of the Senate• Secretary of State• Secretary of the Treasury • Secretary of Defense• Attorney General• Secretary of the Interior• Secretary of Agriculture• Secretary of Commerce• Secretary of Labor• Secretary of Health and Human Services• Secretary of Housing and Urban Development• Secretary of Transportation• Secretary of Energy• Secretary of Education• Secretary of Veteran’s affairs

Presidential Disability

• Nation didn’t have a way to determine if the President was incapacitated until the 25th amendment.

• Now provides for the President to inform congress of his inabilities to carry out the office OR the Vice President and a majority of the Cabinet members must inform congress of the President’s inabilities.

What happens next?

• The President may challenge this, but the Vice President and a majority of the cabinet may challenge the President. Congress then has 21 days to decide on the issue.

The Vice Presidency

• Importance of the office• The Constitution pays very little attention

to the office of the Vice President• Two main roles• Preside over the Senate• Succeed the President in case of vacancy

and help decide Presidential disability

Balancing the Ticket

• Most Vice Presidents are chosen so that the “Ticket is Balanced”

• In other words a VP from California, Texas, or New York can help get votes

Vice Presidential Vacancy

• When there is a vacancy in the VP’s office, the President will choose a new one and he is confirmed by a majority vote in both houses.

The Vice President Today

• Many times Presidents have been urged to make the VP a more influential person.

• Presidents are hesitant to do so due to the fact that they can not fire the VP.

Presidential Selection

• The Framers gave more time to this subject than anything else

• Early in the convention most delegates believed that the president should be chosen by Congress

• Later it was believed that this would put the President too far “under the congressional thumb”

What did the Framer’s think?

• Most believed that it would be impossible to elect a President by popular vote

• The country was too spread out for the populous to know anything about the available candidates

• The plan was then put forth to use electors

• These were to the most enlightened people from each state

The Rise of Parties

• The system worked flawlessly as long as George Washington was President

• Adams and Jefferson ran in 1796. • Jefferson lost to Adams by three votes

making him Adams’ Vice President

Election of 1800

• Two well defined parties: Federalists – Led by Adams, Democratic Republicans – Led by Jefferson

• Both parties sent Electors• Each of the 73 Democratic –

Republican electors cast votes for Jefferson and Burr• Each elector had 2 votes, each to be cast

for someone for the Presidency

What happened?

• Public opinion favored Jefferson, but the House took 36 separate ballots to finally determine him as the winner.

New Elements

• Party Nominations for the Presidency• Nomination of Electors to vote for their

candidate• The automatic casting of votes for a

party’s candidate

The 12th Amendment

• Added in 1804• This separated the Vice Presidential

votes from the Presidential votes• The intent was to avoid an election of

1800 again.

Article II

• This is the Constitution’s “Executive Article”

• Very Loosely drawn• Sketchy in nature• Over the years presidential power has

grown due to this fact

Why Does the President Get More Powerful?

• The President is expected to help in matters that require quick resolution

• Congress is a much more expansive branch. (Takes a lot longer to do things)

• The President over time has gotten more power because of our increasingly complicated society

Also…

• Congress has given the president the power to carry out laws.

• Congress lacks the technical knowledge to carry out public policy

• Presidents also use mass media in order to rally support behind their policies. This has resulted in more power.

Section 2

• The President’s Executive Powers

Executing the Law

• The President is to administer the provisions of Federal Law

• The power to do this lies in two provisions:• The Oath of Office• “he shall take care that the laws be

faithfully executed” –Constitution Article 2 Section 3.

• The number and scope of laws is mind boggling. Many times these laws come into conflict with each other.

Interpretation of the Law

• In enforcing the law, the Executive branch gets some leeway in interpretation. He must enforce all laws however even if he does not agree.• The level to which the laws are enforced is

somewhat variable.

The Ordinance Power

• The day to day operations of all of the councils, bureaus, boards, commissions, agencies, etc. is up to the discretion of the President.

• President has the power to issue Executive Orders. • This is so the President can carry out the

powers that the Constitution gives him.• The growing complexity of the Presidency

has also contributed to this

The Ordinance Power

• The day to day operations of all of the councils, bureaus, boards, commissions, agencies, etc. is up to the discretion of the President.

• President has the power to issue Executive Orders. • This is so the President can carry out the

powers that the Constitution gives him.• The growing complexity of the Presidency

has also contributed to this

What happens when he appoints?

• Once an appointment is made it goes to the Senate.

• If a majority of the Senators agree, the appointee is confirmed.

The Removal Power

• The President has the power to remove any appointee that he puts in office except for Federal Judges.

• Congress attempted to pass a law that made them a part of the removal process. It was ignored and later repealed.

• Congress is allowed to put restrictions on when a President may remove someone. (Humphrey’s Executor v. US)

Section 3

• Diplomatic and Military Powers

The Power to Make Treaties

• A Treaty is a formal agreement between two or more sovereign states

• The President acting through the Secretary of State makes these agreements.

• These must then be approved by 2/3 of the Senate.

• Once this happens, the President ratifies it by formal notification with the other party or parties involved.

What happens next?

• Congress can nullify a treaty by passing a law that is contrary to what the treaty states. This has never happened.

• A small minority in the Senate can stop a treaty from passing.• This can cause Presidents to take “round

about” methods to get his agenda through.

Executive Agreements

• Pact between the President and foreign heads of state

• Does not require Senate approval

• Most flow out of legislation that has already passed Congress or treaties they have already agreed to

The Power of Recognition

• Legal recognition of a country’s existence.

• Done through the receiving of diplomatic representatives

• This does not mean that it is an approval of a country’s conduct or character. i.e. China

What does this mean to Foreign Relations?

• President recognizes - it almost guarantees their success.

• President withholds recognition - almost certain death of a country.

• If a country does something that displeases the USA, we can request that their diplomats be removed from the US. • Persona Non Grata. This usually happens

on the way to war.

Commander in Chief

• Leader of the military.• Congress share war making powers.• The President’s powers are almost

without limit. Most Presidents delegate their authority to military subordinates.

• Washington took command of troops in 1794 and Lincoln often visited with them in the Civil War.

Making Undeclared War

• Over 200 times• John Adams was the first - US defeated

French warships harassing US Merchants in the Atlantic and Caribbean.

• Korea (1950 – 1953) and Vietnam (1965 – 1973)are two other massive examples of undeclared war.

In what instances does the President use this?

• There have been several• 1994 - Haiti • 1995 – Bosnia• 1997 – Kosovo• 1998 – Serbia• 2001 – Afghanistan

Wartime Powers

• Far greater powers in time of war than in peace time• WW II - Congress gave the President the

power to ration food, gas, control wages and prices, and seize and operate private industry for the war effort

• The President may use the armed forces to keep the domestic peace

The War Powers Resolution

• Requires the President to do several things when he sends troops to battle. • 48 hours the President reports to congress

detailing the scope and circumstances of his actions

• Combat commitment must end within 60 days unless Congress agrees to a longer period. (May be extended 30 days for the safe withdrawal of the involved troops)

• Congress may end the combat at any time by passing a concurrent resolution to that effect.

Section 4

• Legislative and Judicial Powers

Legislative Powers

• Recommending legislation• Often called the message power• Usually gives 3 large messages per year

• State of the Union• Budget message• Annual Economic Report

• All the messages sent to Congress call on them to enact legislation he feels is necessary for the country

The Veto Power

• We all know how much the veto power is used and what it is used for. Remember 4 options• Sign the bill• Veto the bill

• Can be overturned by a 2/3 vote

• Allow the bill to become law without signing it

• Pocket Veto

The Line Item Veto

• This no longer exists• Allowed Presidents to get rid of specific

dollar amounts in bills• In 1998 the Supreme Court said that

Congress did not have the authority to give the President this ability.

• This must be added by an amendment to the Constitution.

Other Legislative Powers

• Only the President can call Congress into a special session.

• Example - 1948 President Truman - WW II economic measures.

• President can call “Prorogue Congress” when the two houses can’t agree on a date to adjourn.

Judicial Powers

• The President can…”Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment”

• Reprieve - postponement of the execution of a sentence

• Pardon - legal forgiveness of a crime• These are called Powers of Clemency

• They only work in Federal Cases

Pardons

• Pardons – given after a person has been convicted in a trial, before the trial or the charging of a person

• The pardon must be accepted to be valid. (Burdick v. United States)

• Blanket Pardons - give amnesty to a group of people.• President Carter - Vietnam Draft Evaders in 1977• President Benjamin Harrison - Mormons that

broke Anti-Polygamy laws previous to 1893.