Presidential Election and Succession

Transcription

1 Presidential Election and Succession The rules regarding presidential succession have been refined in the 200 years since the Constitution, which instituted somewhat vague rules, was ratified U.S. Constitution s rules regarding succession Art. II, Sec. 1, Cl. 6 sets forth the rules: 1. Vice president assumes the presidency if the president becomes incapacitated. 2. The second part of Clause 6 is unclear. It states that Congress may appoint a successor if both president and vice president become incapacitated. But it doesn t specify how Congress should do this:... the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected. This part of the clause was modified by the 25th Amendment in Presidential Succession Act If both positions, the president and vice president, are vacated, the speaker of the House becomes president. The president pro tempore of the Senate would take over if the speaker was unable. The list of succession would continue with the Cabinet members starting with the secretary of state The 25th Amendment Clarification of the Constitution on Succession: Section 1: In case of the removal of the President from office or his death or resignation the Vice President shall become President. Section 2: Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress. In Case of the President s Disability Amendment 25, Sections 3 and 4: The vice president becomes acting president if: The president informs Congress of an inability to fulfill the obligations of the office. OR The vice president and a majority of the Cabinet or another body authorized by law inform Congress that the president is disabled. Two rules governing the president returning to work 1. The president can at any time inform Congress that he/she is no longer disabled and resume his/her duties. 2. The vice president and Cabinet or other authorized body can declare that the president is not capable of resuming his/her duties. In this case, the vice president would remain acting president.

2 Limitations of the Cabinet Limitations on Cabinet Function Cabinet members enjoy unique access to the president, yet there are also factors that limit their abilities and influence. Conflicting Interests Department secretaries are under pressure from Congress members, special-interest groups, and career members of their own departments to pursue policies not necessarily consistent with the president s agenda. Disagreement among Cabinet members because of loyalties to their own departments creates rivalries and tension in Cabinet sessions. However Those Cabinet members who deal with the president s greatest interests and concerns will also have greater influence and access to the president. The secretaries of state, defense, and treasury tend to have the most frequent contact with the president. Lack of Trust? Presidents often don t know their Cabinet appointees personally and therefore feel they can t trust them with sensitive matters requiring complete discretion. Cabinet members may be reluctant to provide frank advice or to openly disagree with the president for fear that such moves would be received badly. This can make for an atmosphere of distrust. However Individuals whom the president views as loyal and able often gain access to the president s inner circle.

3 The Cabinet The Constitution does not mention a Cabinet, nor did Congress create it. However, since the presidency is so broad in scope, the president needs advice and help performing his duties. Having a Cabinet began with George Washington s first presidency. Responsibilities are split among separate departments (treasury, defense, etc.) and Cabinet heads, called secretaries, are appointed to lead those departments. They advise the president and help to direct federal government policy in their particular area of concern. Did You?! Know The term cabinet was coined by newspaper reporters during the presidency of George Washington. President s Relationship with the Cabinet Each president has treated his Cabinet differently. No president has eliminated the Cabinet, but some have selected their own group of informal advisors. Andrew Jackson was famous for his Kitchen Cabinet, composed of a group of his close friends. Two Presidents Views of the Cabinet President George Washington The impossibility that one man should... perform all the great business of state I take to have been the reason for instituting the great departments, and appointing officers therein to assist the supreme magistrate in discharging the duties of his trust. President William H. Taft The Constitution...contains no suggestion of a meeting of all of the department heads in consultation over general government matters. The Cabinet is a mere creation of the President s will. It exists only by custom. If the President desired to dispense with it, he could do so. When Cabinet Positions Were Created 1789 Washington s first Cabinet Secretary of State Secretary of Treasury Secretary of Defense (Originally War, became Defense in 1947) Attorney General 1849 Secretary of the Interior 1889 Secretary of Agriculture 1903 Secretary of Commerce 1913 Secretary of Labor 1953 Secretary of Health and Human Services 1965 Secretary of Housing and Urban Development (HUD) 1967 Secretary of Transportation 1977 Secretary of Energy 1979 Secretary of Education 1989 Secretary of Veterans Affairs 2001 Secretary of Homeland Security

4 Civil Service and the Federal Bureaucracy Characteristics of the Federal Bureaucracy Hierarchical Authority Control is centralized. Instructions flow down chain of command. Specialization Labor is clearly divided among workers. Each bureaucrat becomes an expert in a specific area. Each of the 2.8 million bureaucrats has a specific job description. Information flows up and down chain of command. Pyramid structure with each member part of the chain of command Record Keeping and Rules Detailed records are maintained. Changes in personnel do not affect the functioning of the bureaucracy. Rules advise employees on what to do and not to do and provide stability in departments when personnel changes occur. Scope of the Federal Bureaucracy What we refer to as the federal bureaucracy is a collection of agencies charged with executing the laws of the country. Some organizational charts of the federal government show over 60 such agencies and commissions. President George W. Bush s White House lists 136 agencies and commissions under its auspices in its World Wide Web site ( Some of the well-known agencies are: Central Intelligence Agency (CIA) Environmental Protection Agency (EPA) Federal Communications Commission (FCC) Federal Deposit Insurance Corporation (FDIC) Federal Election Commission (FEC) Federal Emergency Management Fund (FEMA) Internal Revenue Service (IRS) National Aeronautics and Space Administration (NASA) National Endowment for the Arts (NEA) National Endowment for the Humanities (NEH) Peace Corps Small Business Administration (SBA) U.S. Postal Service (USPS)

5 Development of the Vice Presidency 1787 The Constitution stipulates that the vice presidency will be awarded to the individual who receives the second-highest number of electoral votes for president Amendment 12 to the Constitution stipulates that the members of the Electoral College will vote for a vice president separately.... they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President Attempts are made to abolish the office of vice president. A constitutional amendment is needed to do this; it lacks support Democrats select 81-year-old Henry Gassaway Davis as vice-presidential nominee, an example of the marginal type candidate often selected for this office for over a century Franklin Delano Roosevelt (FDR) begins serving his first term in office; since this time, all vice presidents have been invited to Cabinet meetings FDR changes the way vice presidents are nominated by party conventions. He declares his choice for vice president, Henry A. Wallace, and it is announced at the party convention. This becomes the new procedure President Dwight D. Eisenhower asks Vice President Richard M. Nixon to preside over Cabinet meetings in his absence. He also sends him on 54 diplomatic trips to foreign countries. Washington Chronicle FDR Names Wallace V.P Changes Nominating Procedure 1960 President John F. Kennedy is the first to give his vice president (Lyndon B. Johnson) an office in the White House. Office of the President Office of the Vice President 1977 President Jimmy Carter utilizes Vice President Walter Mondale more than any president before him. Mondale closely advises Carter and sits in on most meetings with him. Carter requests his presence in key policy-making forums Vice President Richard Cheney, with a long and distinguished career in government service, becomes President George W. Bush s right-hand adviser. Cheney places his closest allies in key administration posts and plays a large role in both domestic and foreign affairs.

6 Presidential Election and Succession The rules regarding presidential succession have been refined in the 200 years since the Constitution, which instituted somewhat vague rules, was ratified U.S. Constitution s rules regarding succession Art. II, Sec. 1, Cl. 6 sets forth the rules: 1. Vice president assumes the presidency if the president becomes incapacitated. 2. The second part of Clause 6 is unclear. It states that Congress may appoint a successor if both president and vice president become incapacitated. But it doesn t specify how Congress should do this:... the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected. This part of the clause was modified by the 25th Amendment in Presidential Succession Act If both positions, the president and vice president, are vacated, the speaker of the House becomes president. The president pro tempore of the Senate would take over if the speaker was unable. The list of succession would continue with the Cabinet members starting with the secretary of state The 25th Amendment Clarification of the Constitution on Succession: Section 1: In case of the removal of the President from office or his death or resignation the Vice President shall become President. Section 2: Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress. In Case of the President s Disability Amendment 25, Sections 3 and 4: The vice president becomes acting president if: The president informs Congress of an inability to fulfill the obligations of the office. OR The vice president and a majority of the Cabinet or another body authorized by law inform Congress that the president is disabled. Two rules governing the president returning to work 1. The president can at any time inform Congress that he/she is no longer disabled and resume his/her duties. 2. The vice president and Cabinet or other authorized body can declare that the president is not capable of resuming his/her duties. In this case, the vice president would remain acting president.

7 January 9, 1918 STRUCTURE AND FUNCTION OF UNITED STATES GOVERNMENT: The Executive Branch Formal Powers of the Executive Branch: Diplomatic and Military POWERS CONSTITUTIONAL FOUNDATION EXAMPLES Diplomatic Powers The president makes agreements with foreign countries, appoints ambassadors and other diplomatic personnel, and receives officials from other countries. In doing so, he directs the country s foreign policy. Article II, Section 2, Clause 2: He shall have power, by and with the advice and consent of the Senate, to make treaties...[and] shall appoint ambassadors... In 1918, President Woodrow Wilson proposed his Fourteen Point Plan to help end World War I. It became the basis for treaty negotiations to end the war. Washington Chronicle Article II, Section 3:... he shall receive ambassadors and other public ministers Wilson Outlines 14-Point Peace Plan Military Powers The president commands the military and appoints military officers. Use of military power is one way in which the president implements foreign policy and maintains national security. Article II, Section 2, Clause 1: The President shall be Commander in Chief of the army and navy of the United States, and of the militia of the several states... Article II, Section 3: The National Security Act of 1947 spelled out the president s responsibility to coordinate foreign policy and maintain national security. It also created the National Security Council (NSC), a committee to assist the president in overseeing international security concerns. Size of President s National Security Council (at end of each president s last term)... and he shall commission all the officers of the United States President Year Council Members Kennedy Johnson Nixon Ford Carter Reagan Bush Clinton 1995* *More recent statistics not available.

8 Formal Powers: Executive, Legislative, and Judicial POWERS CONSTITUTIONAL FOUNDATION EXAMPLES Executive Powers The president must assure that laws are faithfully executed. Article I, Section 1, Clause 1: The executive power shall be vested in a President of the United States of America Enforcement of the country s civil rights laws has often been the subject of the president s executive powers. In 1948, for instance, President Harry Truman issued an executive order to desegregate the armed forces. Number of Social Welfare and Civil Rights Executive Orders by President Number of President Years Served Number of Requests Kennedy 3 years 26 Johnson 5 years 40 Nixon 6 years 35 Ford 3 years 11 Carter 4 years 50 Reagan 8 years 36 Bush 4 years 26 Clinton 2 years 17 *More recent statistics not available Legislative Powers The president advises Congress about important issues in the country and recommends legislation to address these issues. Article II, Section 3: He shall, from time to time, give to the Congress information of the State of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them. Annually, the president gives State of the Union address to Congress. In this address and in other speeches and communications, the president recommends legislative action. Requests for Legislative Action During First Year of Term Number of President Year Requests Kennedy Johnson Nixon 1st term, Nixon 2nd term, Ford Carter Reagan 1st term, Reagan 2nd term, Bush Clinton Judicial Powers The president nominates judges and grants pardons. Article II, Section 2, Clause 2:... he shall nominate, and, by and with the advice and consent of the Senate, shall appoint... judges of the Supreme Court. Article II, Section 2, Clause 1: Historic presidential appointments: In 1981, President Ronald Reagan appointed the first woman Supreme Court justice, Sandra Day O Connor. In 1967, President Lyndon Johnson appointed the first African-American Supreme Court justice, Thurgood Marshall. Washington Chronicle he shall have the power to grant reprieves and pardons for offences against the United States... Marshall First Black Supreme Court Justice August 30, 1967

9 Presidential Removal and Resignation The House of Representatives has the power of impeachment, that is, bringing charges against officials, and the Senate has the power to try and convict following House impeachment charges. Impeachment Procedure A president may face impeachment if he is charged with treason, bribery, or other high crimes and misdemeanors. House Introduce Impeachment Articles Any member of the House may introduce an article or articles of impeachment. House Judiciary Committee Action Impeachment charges are referred to the House Judiciary Committee, which then makes a recommendation to the full House as to whether impeachment is called for. YES House Votes Yes The House votes for impeachment. A simple majority vote is required. OR NO House Votes No Impeachment charges are dismissed. Senate Impeachment Trial Senate The president faces a Senate impeachment trial with the chief justice of the Supreme Court presiding. Removal from Office If found guilty, the president can be removed from office and/or prevented from serving in other public offices. He may then face charges in the public court system.

10 Limitations on Powers Congress Congress has the power to override the president s veto of a bill. A two-thirds majority of both houses is needed for an override. Congress also has the power to impeach a president for very serious crimes. Examples During President Franklin D. Roosevelt s 12-year presidency, congressional vetoes totaled 635 more than under any other president. President Andrew Johnson was the only president to be impeached; however, he was not removed from office. Courts The Constitution gives the federal courts the power to check the actions of the president. The courts can rule against the constitutionality of legislation that the president has promoted. The courts can also rule directly against a president. Example The Supreme Court ordered President Richard M. Nixon to stop withholding his secret tapes from the special prosecutor s investigation of the Watergate break-in and cover-up. Bureaucracy Bureaucrats who have power and connections in Congress, especially with committee chairpersons, can help delay action on a president s programs. Bureaucrats may also limit the president unintentionally by: failing to provide important information misinterpreting instructions failing to complete assigned tasks in timely fashion Public Opinion Public opinion can have a direct effect on a president s ability to carry out policies. Example Public concern over the Vietnam War affected presidential policy regarding that war. Example In the fall of 1978, Jimmy Carter faced many serious problems simultaneously including the U.S. hostages in Iran, civil conflict in Nicaragua, and negotiations with the U.S.S.R. over the SALT II Agreement. The bureaucracy and White House staff were overloaded and failed to resolve all these problems.

11 Presidential Roles Law # 1.23 Chief of State In this ceremonial role, the president is the symbol of the United States and its people. He represents our nation at home and abroad. Chief Executive The president is responsible for executing the nation s federal laws. Interpretation of the laws is inevitable in this task. Chief Administrator The president oversees the executive branch, which comprises more than three million people who administer and apply federal laws. Chief Legislator At the beginning of each Congress, the president recommends legislation that he believes is necessary in the State of the Union Address. The president also has the power to check Congress with a veto. A line-item veto was passed in the 104th Congress, allowing the president to veto parts of bills.

12 Presidential Roles STRUCTURE AND FUNCTION OF UNITED STATES GOVERNMENT: The Executive Branch Chief Diplomat In his role as chief diplomat, the president directs the foreign policy of the nation by making decisions regarding U.S. relations with foreign nations. Commander-in-Chief As head of the U.S. armed forces, the president has significant powers. All military officers, during war or peace, take their orders from the president. The president does not lead troops into battle, but is in constant contact with military leaders. He can commit troops to battle for 60 days, but he cannot declare war; only Congress has that power. Chief Economic Planner Although not outlined in the Constitution, this role has grown since the passage of the Employment Act of 1946, which required presidents to submit an annual economic report to Congress. The president must also submit an annual proposed federal budget to Congress. Chief of Party Political parties expect the president to be faithful to his party. Thus, the president may: Campaign on behalf of party members Attend fundraisers Appoint members of his party to federal jobs The president also selects his party s national chairperson.

13 CONTEMPORARY UNITED STATES (1968 Present) Watergate THE BURGLARY at the Democratic National Committee s (DNC) headquarters in the Watergate office complex in Washington, D.C. had lasting repercussions. It resulted in the first resignation of a president Republican Richard M. Nixon in mid-term, and it shook the public s confidence in the government. Already weary from the protests and unrest prevalent during the 1960s and early 1970s, Americans felt betrayed by the depth of the scandal, which involved high-level officials and ultimately was recognized as a massive web of corruption that included sabotage, espionage, hush money, and illegal campaign contributions. In addition, Watergate helped bring about a victory by the Democrats in the next presidential election. Perhaps most significantly, Watergate set a new standard for inquiry into presidential and government activities, which greatly affected the presidencies of Ronald Reagan, George Bush, and Bill Clinton, and resulted in new checks and balances regarding presidential power. Watergate also directly or indirectly resulted in election and campaign contribution reforms, and greater public access to classified documents. In the fallout from Watergate, many officials in the Nixon administration and the Committee to Reelect the President (which gained the acronym CREEP) were convicted of a variety of conspiracy-related crimes. Timeline 1972 June 17 James McCord, a former CIA employee and a member of CREEP, is arrested along with four Cuban men after breaking into DNC headquarters in the Watergate office complex in Washington, D.C. They are caught with cameras, eavesdropping equipment, and cash. Later, E. Howard Hunt, a White House consultant and former CIA operative, and G. Gordon Liddy, general counsel to CREEP, are arrested in connection with the break-in. June 23 In a taped exchange that will later be uncovered and become known as the smoking gun conversation, Nixon and his chief of staff Bob Haldeman devise a plan to prevent an FBI investigation of the Watergate break-in. July 1 Nixon s campaign manager (and former Attorney General) John Mitchell resigns. October 10 Washington Post reporters Bob Woodward and Carl Bernstein, who play a major role in uncovering the conspiracy, portray the break-in as part of a spying and sabotage campaign directed by CREEP and White House officials. November 7 Nixon and Vice President Spiro T. Agnew are reelected January Hunt, Liddy, McCord, and the four Cuban men involved in the break-in are found guilty of theft and wiretapping phones. March 19 McCord admits to Judge John Sirica that the defendants committed perjury under pressure from higher-ups to plead guilty. The letter is made public on March 23. April 30 Nixon accepts responsibility for Watergate, fires Dean, and accepts the resignations of Haldeman, John D. Ehrlichman (director of domestic policy), and Attorney General Richard G. Kleindienst. May 17 The Senate Watergate hearings begin and are aired on television. May 18 New attorney general Elliott Richardson names former solicitor general of the United States Archibald Cox as Watergate special prosecutor. July 16 A system that tape-records White House conversations is revealed by White House aide Alexander Butterfield. July 25 Nixon states that he will not release White House tapes to Cox. October 10 Vice President Agnew pleads no contest to charges of tax evasion and becomes the only vice president to resign while under criminal investigation. October 20 Cox is fired and the special prosecutor s office is abolished in the Saturday Night Massacre, when Cox refuses to compromise with Nixon regarding the White House tapes and also refuses to resign. Attorney General Richardson and Deputy Impeach Nixon demonstration in front of the White House, 1974 Attorney General William D. Ruckelshaus refuse to fire Cox and resign. October 23 It is announced that the White House will release the tapes requested January 15 Experts determine that 18 minutes of a tape of a meeting between Nixon and Haldeman were manually erased. April 30 Edited transcripts released by the White House reveal discussions regarding Watergate. July 24 Nixon agrees to turn over 64 White House tapes when the Supreme Court unanimously rules that he has no right to withhold evidence. July Accusing Nixon of obstruction of justice in attempting to block the Watergate investigation, violation of the constitutional rights of Americans through the misuse of presidential power, and failure to recognize issued subpoenas, the House Judiciary Committee recommends his impeachment. August 5 Tape transcripts released by the White House reveal that Nixon ordered the cover-up of the Watergate investigation personally. August 8 On television, Nixon announces that effective August 9 at noon, he will resign as president. August 9 Vice President Gerald Ford is sworn in as the 38th president of the United States. September 8 Ford pardons Nixon for crimes he may have committed while president. Media Projects Incorporated Published by Facts on File Inc.

14 White House Organization The White House is organized in two levels: the White House Office, which contains the president s personal staff, and the Executive Office of the President (EOP), which contains specialized offices that give advice and support. President White House Office Executive Office of the President (EOP) National Security Council (NSC) Office of Management and Budget (OMB) Council of Economic Advisors (CEA) National Economic Council (NEC) Office of the U.S. Trade Representative Domestic Policy Council Office of Science and Technology Policy Council on Environmental Quality Office of National Drug Policy President s Foreign Intelligence Advisory Board Office of Administration Vice President White House Office The White House staff is appointed solely by the president. Appointees are not subject to Congressional confirmation. White House staff members have no government status or tenure; they can be dismissed at any time. The president may change the job description of any office at any time. Location of a staff member s office in relation to the president s office is crucial to gaining presidential access.

15 Electoral College: Overview The U.S. Constitution on the Electoral College Art. II, Sec. 1, Cl. 2 Each State shall appoint, in such manner as the legislature thereof may direct, a number of Electors, equal to the whole number of Senators and Representatives, to which the state may be entitled in Congress... 12th Amendment The Electors shall meet in their respective States, and vote by ballot for President and Vice President... the person having the greatest number of (electoral) votes for President, if such number be a majority of the whole number of Electors appointed. How Electors Are Chosen According to the Constitution, electors are to be chosen in each state in such manner as the legislature thereof may direct. Most states provide for the popular election of electors. Some variations do exist. For instance: In Florida and Colorado, the state legislatures choose electors. In Maine and Nebraska, the district plan is used. Two electors are chosen from the state at large and one is chosen from each Congressional district. A Calendar of the Electoral College Process November Sun Mon Tues Wed Thu Fri Sat Tuesday after the First Monday of November Voters cast ballots for all electors representing a particular party in each state December Sun Mon Tues Wed Thu Fri Sat Monday after the Second Wednesday in December Electors of party winning the popular vote in each state cast ballots for the president and vice president January Sun Mon Tues Wed Thu Fri Sat January 6th Ballots cast by the electors are counted by Congress. January 20th Candidate receiving majority of electoral votes becomes president.

16 Problems with the Electoral College System Problem 1 The winner of the popular vote may not necessarily win the presidency. This may be a result of: The winner take all system, which gives the winner of the popular vote in each state all of that state s electoral votes, even if the victory was by a slim margin. Each state is guaranteed two electors because it has two Senate seats; however, this distribution of votes does not match the state s population and voter distribution. The law doesn t require electors to vote for the candidate favored by the popular vote; therefore, electors may vote for someone other than their party s candidate. Variation between Popular and Electoral Votes the two elections with the biggest difference between popular and electoral votes; only two major candidates shown Popular Vote Electoral Vote 41.8% 81.9% 23.2% 1.5% 60.8% 98.4% 36.5% 1.5% Wilson Taft Roosevelt Landon Problem 2 It is possible that no one will receive the majority of electoral votes required to win the election. In this case, the House of Representatives must choose the president. This could present serious problems because: The voting is by states and not by representatives; that is, each state s representatives must decide unanimously on a candidate. A state could lose a vote if its representatives can not reach consensus. A majority of states must decide an election. This could be impossible if a strong third-party candidate was involved. Problem 3 The electoral college also forces presidential candidates to focus their campaigns on the big ticket states, that is, the most populous states with the most electoral votes. Look at the map and you ll understand why so much attention is paid to states like California and Texas. Washington 11 Oregon 7 California 55 Nevada 5 Alaska 3 Idaho 4 Montana 3 Wyoming 3 Utah 5 Colorado 9 Arizona 10 New Mexico 5 Hawaii 4 North Dakota 3 South Dakota 3 Nebraska 5 Kansas 6 Minnesota 10 Iowa 7 Missouri 11 Oklahoma 7 Arkansas 6 Texas 34 Wisconsin 10 Louisiana 9 Illinois 21 Mississippi 6 Michigan 17 Indiana 11 Tennessee 11 Alabama 9 Ohio 20 Kentucky 8 New Hampshire 4 Vermont 3 Pennsylvania 21 West Virginia 5 Virginia 13 North Carolina 15 South Carolina 8 Georgia 15 States and Their Electoral Votes, Based on the 2000 Census Florida 27 New York 31 Maine 4 Massachusetts 12 Rhode Island 4 Connecticut 7 New Jersey 15 Delaware 3 Maryland 10 Washington, D. C. 3 Number of Electoral Votes