Chapter Fourteen. The Presidency

Chapter Fourteen The Presidency

CHAPTER 14 Article II The Presidency 13 2

The President The intent of the Framers: Delegates feared both anarchy and monarchy needed a strong, independent executive without the excessive powers of a monarch. Principal concern was to balance power of legislative and executive branches Expected Congress to be the dominant institution but indirect election by congress would give too much power to legislature direct election would lead to mob rule 13 3

CHAPTER 14 Article II The Electoral College 13 4

The Electoral College Even though the national popular vote is calculated by media organizations, the national popular vote is not the basis for electing a President or Vice President. Although ballots list the names of the presidential candidates, voters within the 50 states actually choose electors when they vote. These presidential electors in turn cast electoral votes for those two offices. Presidential electors are selected on a state-bystate basis, as determined by the laws of each state 14 5

Section I: Each state appoints a number of electors equivalent to? Each state gets number of electors equal to representation in congress 14 6

The Electoral College The size of the Electoral College is equal to the total membership of both Houses of Congress (435 Representatives and 100 Senators) plus the three electors allocated to Washington, D.C., totaling 538 electors. Almost all states use a winner-take-all system A candidate must receive an absolute majority of electoral votes (currently 270) to win the Presidency. A faithless elector is one who casts an electoral vote for someone other than whom they have pledged to elect. There are laws to punish faithless electors in 24 states. If no candidate receives a majority in the election for President, or Vice President, that election is determined by Congress. 14 7

Electoral College Reallocation, 2010 14 8

Marco Rubio is a US Senator from Florida. Can he be an elector? Why or why not? No. No Senator or Representative, or Person holding an Office in the United States government shall be appointed an Elector. 14 9

Under the original wording of the constitution, how would the president and vice president be chosen? The Person having the majority of Electoral Votes is President, the person with the second most votes is vice-president. The Electoral College ultimately worked differently than expected, because the Founders did not anticipate the role of political parties and the concept of running on a ticket... 14 10

What would happen in the case of a tie in the electoral college? If no one has a Majority, then The House of Representatives chooses with each State having one Vote. A quorum for this purpose is two thirds of the States. A Majority of all the States is necessary to select the president. If there is a tie for second, the Senate chooses the Vice President. 14 11

Election of 1804 The election was thrown to the House of Representatives, with 9 states out of 16 needed to win After 2 months and 35 ballots the vote was still split along party lines: Jefferson won the 8 Democratic states Burr won the 8 Federalist states On the 36th ballot, Alexander Hamilton, the leader of the Federalists, threw New York s vote to Jefferson, saying: I would rather have a man with the wrong principles than a man with no principles at all 14 12

12 th Amendment, 1804 Section 3. The Electors shall meet in their respective states, and vote by ballot for President and Vice-President; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice- President, and they shall make distinct lists of all persons voted for as President, and all persons voted for as Vice-President and of the number of votes for each The person having the greatest Number of votes for President, shall be the President. The person having the greatest number of votes as Vice- President, shall be the Vice-President. 14 13

Election of 1824 John Quincy Adams Federalist Massachusetts 113,122 votes 31% Electoral Votes 84 Andrew Jackson Democrat Tennessee 151,271 votes 41% Electoral Votes 99 William H. Crawford Whig Georgia 40,856 votes 12% Electoral Votes 41 Henry Clay Democrat Kentucky 47,531 votes 16% Electoral Votes 37 131 electoral votes needed to win 13 states in House 7 states in House 4 states in House 0 states in House Copyright Houghton Mifflin 14 14

Elections where the popular vote winner lost the electoral college vote: 1824 John Quincy Adams (31%) vs Andrew Jackson (41%) 1876 Rutherford Hayes (47%) vs Samuel Tilden (51%) 1888 Benjamin Harrison (47%) vs Grover Cleveland (48%) 2000 George W. Bush (47%) vs Al Gore (49%) Copyright Houghton Mifflin 14 15

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http://www.neuronicgames.com/votestar/ 14 17

CHAPTER 14 Article II Qualifications to be President 13 18

Lincoln Diaz Balart, District 12 Representative from Florida, was born in Cuba to Cuban parents. He is interested in running for president in 2012. Is this constitutionally possible? Why or why not? What criteria must be met before a person can be president? No, he must be a natural born Citizen, or a Citizen of the United States at the time of the Adoption of the Constitution, or a constitutional amendment must be passed. A natural born citizen (born in the US or US territories, or born to US Citizens), must be thirty five years old, and a resident of the US for 14 years. 14 19

Is Barak Obama Constitutionally Qualified to be President? 14 20

Is Barak Obama Constitutionally Qualified to be President? The Facts of the Case: Barak Obama, Jr., was born August 4, 1961 in Honolulu, Hawaii to Ann Dunham from Witchita, KS, and Barack Obama, Sr. from Kigala, Kenya. Ann Dunham and Barak Obama, Sr., were divorced in 1964. Ann remarried Lolo Soetaro, an Indonesian citizen, in 1967 and moved with Barak, Jr., to Jakarta, Indonesia. Obama returned to the US in 1971; his mother passed away from cancer in 1977. Obama graduated from Punahou Prep School in 1979, and Columbia University in 1983. Obama worked for the Catholic Church s Developing Communities Project in Chicago, Illinois, from 1983 until 1988. Obama graduated from Harvard Law school in 1991, and taught Constitutional Law at the University of Chicago from 1991 to 1996. Obama served in the Illinois State Senate from 1996 to 2004. Obama served in the US Senate from 2004 until 2008. 14 21

Is Barak Obama Constitutionally Qualified to be President? Berg v. Obama U.S. Court of Appeals for the District of Columbia, Case No. 09-5362 Natural Born citizen Yes, Obama was born to a US citizen on US soil. 35 years old He was 47 at the time of his inauguration Resident for 14 years He has been a resident on US soil since 1971; 37 consecutive years 14 22

Are those the only qualifications? Can George Bush, Sr. run again? Can George W. Bush run again? Can Bill Clinton run again? Can Jimmy Carter run again? 14 23

22 nd Amendment, 1951 Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. 14 24

CHAPTER 14 Article II Presidential Succession 13 25

Presidential Transition Only fifteen of forty-four presidents have served two full terms Eight vice presidents have taken office upon the president s death Copyright Houghton Mifflin 14 26

Under the original wording of the Constitution, what would occur if the President could no longer fulfill his duty? What if the President and Vice-President were both incapacitated? In Case of the Death, Resignation, Removal, or Inability to discharge the Powers and Duties of the President, these powers shall devolve on the Vice President Congress decides what Officer shall act as President in the Case of Removal, Death, Resignation, or Inability of both the President and Vice President. Copyright Houghton Mifflin 14 27

Presidential Succession Act of 1792 In the event of the removal, resignation, or death of both the President and Vice President, the President pro tempore of the Senate was next in line followed by the Speaker of the House. Copyright Houghton Mifflin 14 28

Presidential Succession, 1841 On the death of President Harrison in 1841, some argued that the framers' intent was that the Vice President would remain Vice President while executing the powers and duties of the presidency. Article II, Section 1 of the United States Constitution provides that: In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President until the disability be removed, or a President elected. Article I, section 3 of the Constitution reads: The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the office of President of the United States. 14 29

Presidential Succession, 1841 John Tyler was from Virginia and had served as President Pro Tempore of the Senate before being elected Vice President on the Whig (Republican) ticket. Tyler insisted that he was President, not merely Acting President Tyler insisted on being sworn in using the Presidential oath of office. Tyler even returned mail sent to the Vice President or "Acting President of the United States". Tyler was the first President to have his veto overridden by Congress 14 30

Presidential Succession Act of 1886 In 1886, the Vice President and the President pro tempore of the Senate both died while Congress was not in session, so there was no Speaker of the House As soon as Congress convened, they replaced the Speaker and President Pro Tempore, with a list of the members of the Cabinet in the order in which each cabinet department had been created: Secretary of State Secretary of the Treasury Secretary of War (Defense) Attorney General 14 31

20 th Amendment, 1933 Section 3. If the President elect shall have died, the Vice President elect shall become President. If the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President. 14 32

Presidential Succession Act of 1947 President Truman requested that Congress return the Speaker and President Pro Tempore to the list of Presidential successors as they were elected and so the President could not appoint his own successor: Vice President Speaker of the House President Pro Tempore Secretary of State Secretary of the Treasury Secretary of War (Defense) Attorney General 14 33

Presidential Succession Act of 1947 Article I, Section 6 Is it Constitutional? No Senator or Representative shall, during the Time for which he was elected, be appointed to any Civil Office under the Authority of the United States; and no Person holding any Office under the United States, shall be a Member of either House during his time in Office. 14 34

Incapacitation of the President On October 2, 1919, President Woodrow Wilson suffered a serious stroke that left him paralyzed on his left side and blind in his left eye Wilson did not meet with his Vice President, his cabinet, or any Congressmen for the remainder of his term. He was confined to bed and isolated from everyone but his wife, Edith. Edith selected issues for his attention and directed the cabinet heads. The first woman President? 14 35

25 th Amendment, 1967 Section 1. In case of the removal of the President from office or of 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. Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, such powers and duties shall be discharged by the Vice President as Acting President. 14 36

25 th Amendment, 1973-1974 November 4,1972 President Richard Nixon and Vice President Spiro Agnew are re-elected in a landslide, 520 electoral votes to 17 July, 1973 Charges of extortion, tax fraud, conspiracy and bribery against the VP are reported out October 12, 1973 Vice President Spiro Agnew resigns President Nixon nominates House Minority Leader Gerald Ford of Michigan as Vice President. December 6, 1973 The House and Senate confirm Ford and he is sworn in the same day August 9, 1974 President Nixon resigns Vice President Gerald Ford is sworn in as President August 20, 1974 President Ford nominates New York Governor Nelson Rockefeller as Vice President. Rockefeller is confirmed and sworn into office. 14 37

CHAPTER 14 Article II Powers of the President 13 38

Presidential and Parliamentary Systems Presidents may be outsiders; prime ministers are always insiders, chosen by the members of the majority party in parliament Presidents have no guaranteed majority in the legislature; prime ministers always have a majority Divided government: one party controls the White House and another controls one or both houses of Congress Prime Ministers control the legislature and executive; the President may influence legislation but has no real control except the power of veto 14 39

Year President Senate House 1969-1971 R D D 1971-1973 R D D 1973-1975 R D D 1975-1977 R D D 1977-1979 D D D 1979-1981 D D D 1981-1983 R R D 1983-1985 R R D 1985-1987 R R D 1987-1989 R D D 1989-1991 R D D 1991-1993 R D D 1993-1995 D D D 1995-1997 D R R 1997-1999 D R R 1999-2001 D R R 2001-2003 R D R 2003-2005 R R R 2005-2007 R R R 2007-2009 R D D 2009-2011 D D D 14 40

The President The Constitution gives only five specific powers: the Veto power Congress can over-ride veto Power of Appointment Senate must confirm appointments Treaty-making power Senate must ratify treaties Commander in chief of the armed forces Congress has power to declare war Power to Pardon Except in cases of Impeachment 13 41

Section II: Name the three powers specifically given to the President under the first paragraph of Section II. Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States Require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. 14 42

List the ways that the president s power is checked in Section II. Mention the power that he is given and how that power is checked. To make Treaties -provided two thirds of the Senators present concur Appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States -by and with the Advice and Consent of a majority of the Senate Grant pardons -except in cases of congressional impeachment The last paragraph of section II gives the president the power to make recess appointments. What is meant by a recess appointment? The President can fill vacancies while the Senate is away, but only until they return. 14 43

CHAPTER 14 Article II Power of Veto Copyright Houghton Mifflin 13 44

Article I, Section 7 Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law. 14 45

The Veto Power President does not hold line-item veto power, he can either Sign the legislation; the bill then becomes law. Veto the legislation; the bill does not become law, unless both Houses of Congress vote to override the veto by a two-thirds vote. Take no action. In this instance, the president neither signs nor vetoes the legislation. After 10 days, not counting Sundays: If Congress is still convened, the bill becomes law. If Congress has adjourned the bill does not become law. This latter outcome is known as the pocket veto. 14 46

CHAPTER 14 Article II Presidential Appointments 13 47

The Cabinet Not explicitly mentioned in Constitution Presidents have many appointments to make: Cabinet Federal Judiciary Ambassadors Military Officers Positions that can be filled in a given presidential term: 6,478 14 48

The Cabinet Departments 14 49

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White House Office Rule of propinquity: power is wielded by people who are in the room when a decision is made Political Power is held by those closest to the President 14 51

White House Office Pyramid structure: assistants report through hierarchy to Chief of Staff, who then reports to President Eisenhower, Nixon, Reagan, Bush Circular structure: cabinet secretaries and assistants report directly to the President Carter, Kennedy, Clinton Ad hoc structure: task forces, committees, and informal groups deal directly with president Clinton (early in his administration) 14 53

White House Office Pyramid structure: assistants report through a clear chain of command to Chief of Staff, who then reports to President Eisenhower, Nixon, Reagan, Bush A pyramid structure provides for an orderly flow of information and decisions, but does so at the risk of isolating or misinforming the president. 14 54

White House Office Circular structure: cabinet secretaries and assistants report directly to the President Carter, Kennedy, Clinton The circular method has the virtue of giving the President a great deal of information, but at the price of isolating information to specific groups or individuals. Copyright Houghton Mifflin 14 55

White House Office Ad hoc structure: Subordinates, cabinet officers, and informal committees report directly to the President. Clinton (early in his administration) An ad hoc structure allows flexibility and generates many ideas, but at the price of confusion and conflict among cabinet secretaries and assistants. Copyright Houghton Mifflin 14 56

CHAPTER 14 Article II Presidential Character 13 57

Section III: List the responsibilities that the president receives from Section III. Give a State of the Union to Congress recommending to Congress Measures he judges necessary Convene either or both Houses in times of emergency Dismiss Congress in Case of Disagreement between the Houses about the time of adjournment Receive Ambassadors and other public Ministers Faithfully execute and enforce the Laws of the United States Commission all the Officers of the United States military 14 59

Powers of the President Potential for power found in ambiguous clauses of the Constitution e.g., power as commander in chief, duty to take care that laws be faithfully executed (executive power) Greatest source of power lies in politics and public opinion 14 60

The First Presidents The office was legitimated by men active in independence and Founding politics Minimal activism of early government contributed to lessening the fear of the presidency Relations with Congress were reserved: few vetoes; no advice from Congress to the president 14 61

ANDREW JACKSON APPOINTMENT POWER PARTY PATRONAGE SPOILS SYSTEM VETO POWER POLICY VETOS COMMANDER-IN-CHIEF NULLIFICATION CRISIS INDIAN REMOVAL POWER TO PERSUADE POPULAR TRIBUNE PRESIDENTIAL PROGRAM 14 62

Presidential Character Kennedy: bold, articulate, amusing leader; improviser who bypassed traditional lines of authority Nixon: expertise in foreign policy; disliked personal confrontation; tried to centralize power in the White House 14 63

Presidential Character Reagan: set policy priorities and then gave staff wide latitude; leader of public opinion Clinton: good communicator; pursued liberal/centrist policies George W. Bush: tightly run White House; agenda became dominated by foreign affairs following the September 11th attacks 14 64

The President s Program Resources in developing a program include interest groups, aides and campaign advisers, federal departments and agencies, and various specialists Constraints include public and congressional reactions, limited time and attention, and unexpected crises 14 65

The Power to Persuade Presidents try to transform popularity into congressional support for their programs Presidential coattails have had a declining effect for years Popularity is affected by factors beyond anyone s control consider Bush s approval ratings following the September 11 th attacks 14 66

Figure 14.2: Presidential Popularity Thomas E.Cronin, The State of the Presidency (Boston: Little, Brown, 1975), 110-111. Copyright 1975 by Little, Brown and Company, Inc. Reprinted by permission. Updated with Gallup poll data, 1976-2004. Reprinted by permission of the Gallup Poll News Service. 14 67

Figure 14.3: Presidential Victories on Votes in Congress, 1953-2002 14 69

Constraints on the President Both the president and the Congress are more constrained today due to: Complexity of issues Scrutiny of the media Greater number and power of interest groups 14 70

CHAPTER 14 Article II Impeachment 13 71

Section IV: For what offenses can a president be removed from office? The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors 14 72

Impeachment Indictment by the House, conviction by the Senate Presidential examples: Andrew Johnson, Richard Nixon (pre-empted by resignation), Bill Clinton Neither Johnson nor Clinton was convicted by the Senate 14 73

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