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.

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 ConventionQualifications 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 $450,000 per year.• $400,000/year, and $50,000 for traveling expenses

– Also get fringe benefits: • Use of White House, Camp David, cars, airplanes, yacht

– Congress fixes this amount.– http://www.taxhistory.org/www/website.nsf/Web/PresidentialTaxReturns?OpenDocument

• Ex-President– They all receive a lifetime pension of $191,300. (2008)

• Based on current administration cabinet secretary salary• 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 HouseHouse conducts the investigation and drafts Articles of Impeachment for 'treason, bribery, or high crimes and misdemeanors.'

• The SenateSenate 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:– SOH, PPT, Sec. of State, Treas, Defense, etc.

• 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, Daniel Inouye

• 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.

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.

• 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.

Commander-in-Chief

AppointmentPower

PardoningPower

LegislativePower

Treaty-makingPower

Veto Power

Chief ExecutiveChief Diplomat

Chief-of-State

Presidential Powers

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

• 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 – 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

• 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 (EOP)

– White House Staff

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!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:

– 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.– USPS, NASA, CIA, etc…

• Independent Regulatory Commissions– Are created to regulate important aspects of the nation’s economy.– Need Senate confirmation– Interstate Commerce Commission.

• Government Corporations– Are within executive dept, under Pres’ control.– Need Senate confirmation.– FDIC, TVA, Fannie Mae, Freddie Mac, Amtrak

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 spent 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