Bell Work: 3/1/13
 What are the 2 formal duties of the Vice
President?
The Executive Branch:
13.1
“The President’s Job Description”
The President’s Roles:
 Whoever holds the office of President must fill a number of
different roles.
1. Chief of State- Ceremonial head of the U.S. government.
2. Chief Executive- Enforcer of laws.
3. Chief Administrator- Director of the executive branch of the
Federal Government.
4. Chief Diplomat- Makes foreign policy and spokesperson to
the rest of the world.
5. Commander in Chief- Head of the armed forces.
6. Chief Legislator- Main architect of it public policies.
ex:) President’s shape the overall agenda of Congress
- initiates, requests, suggests, and
demands legislation from Congress.
7. Chief of Party- Head of their party
8. Chief Citizen- Expected to be the representative of the
American people.
Formal Qualifications:
Natural born citizen:
-Born on U.S. soil
-Born abroad, but to parents that are American citizens.
2. 35 years old.
3. 14 years a resident of the U.S.
1.
President’s Term:
 The Framers considered a number of different limits on the
length of presidential terms.
 It was agreed that the each term would be 4 years.
 After 2 terms, George Washington refused to seek a third.
-No third term became an unwritten rule
-F.D.R broke the tradition. (elected to 4 terms)
-22nd Amendment set a limit of 2 terms.
Compensation:
 Congress determines the President’s salary.
-Can’t be increased or decreased during a presidential
term.
 Currently $400,000 per year.
-$50,000 per year expense allowance
-White house
-Transportation
-Camp David
-Health and Dental
Presidential Succession and the Vice
President:
13.2
The Constitution and Succession:
 Presidential Succession: The scheme by which a presidential
vacancy is filled.
 Originally, the Constitution did not provide for succession of
the Vice President.
-Powers and duties would transfer, but not the office itself.
-In practice, the V.P did succeed to the office when it became
vacant. (John Tyler 1841)
 What had been practiced became part of the Constitution with the
25th Amendment.
“In case of the removal of the President from office or of death or resignation, theVice President shall
become President.”
 Congress also fixes the order of succession.
 This was determined by the Presidential Succession Act of 1947
1. Vice President
2. Speaker of the House
3. President pro tempore of the senate
4. Secretary of State
…and then followed by the cabinet heads in the order in which the
offices were created.
Presidential Disability:
 Neither the Constitution nor Congress had made any provision
for deciding when a President was disabled.
 There was also nothing to indicate who would make such a
decision.
(ex:) Eisenhower, Garfield, Wilson
 Sections 3 and 4 of the 25th Amendment fill the disability gap.
 The Vice President is to become Acting President if:
1)
The President informs Congress in writing, “that he is unable to
do his job”.
or
The Vice President and the majority of the cabinet members
inform Congress, in writing, that the President is incapacitated.
*(Has only come into play twice)
2)
The Vice Presidency:
 “I am the Vice President. In this I am nothing, but I may be
everything.”
-John Adams
 Not a very important job.
 Often the Vice President is the butt of late night jokes.
Importance of the Office:
 The Constitution pays little attention to the office of Vice
President.
 Two formal duties:
1.
2.
-
Preside over the Senate
Help decide the question of Presidential disability.
Usually the Presidential candidate will pick a V.P. that helps to
balance the ticket.
Balance the Ticket: Strengthen their chance of winning/
Vice Presidential Vacancy:
 The Vice Presidency has been vacated 18 times
-9 times by succession to the Presidency.
-2 time by resignation
-7 times by death.
 It was until 1967 when the 25th Amendment acknowledged
this.
 If the Vice Presidency is open, the President will nominate a new
V.P.
 That nomination must be approved by a majority in both houses
of Congress
 Provision was first implemented in 1973.
 Nixon selected Gerald R. Ford to succeed Spiro Agnew as V.P.
 It came into play again when Nixon resigned and Gerald Ford
became President.
Bell Work: 3/4/13
 In case the President is disabled, the way the Vice
President becomes President is determined
by the:
a. Article II of the Constitution.
b.
Presidential Succession Act.
c.
25th Amendment.
d. Congress.
Presidential Selection:
“The Framers’ Plan:
13.3
Original Provisions:
 The Framers gave more time to the method for selecting the
President than any other matter.
 It became difficult because most of the Framers were against
selecting the President by either of the most obvious ways.
1. Congress- Congress would decide.
2. Direct vote- People vote to decide
 After weeks of debate, the Framers finally agreed on a plan
put forward by Alexander Hamilton.
 Under the plan:
- President and Vice President were to be chosen by a special
group of presidential electors.
- Each elector would cast 2 electoral votes for different
candidates.
-Candidate that receives the most votes would become the
President.
-Person who received the second most would become Vice
President.
The Rise of Parties:
 The Electoral college: the group of people chosen from each
state, and the District of Columbia to formally select the President
and Vice President.
-This plan worked fine as long as George Washington was willing
to seek and hold the Presidency.
 However, flaws began to appear in 1796 with the rise of political
parties.
- John Adams (Federalist) beat Thomas Jefferson (Democratic-
Republican) by three votes.
- These men were archrivals, and now they had to work together.
Election of 1800:
 During the election of 1800 there were 2 well-defined
parties.
-Federalist nominated John Adams for President and Charles
Pinckney for Vice Presidential Candidate
-Democratic-Republicans nominated Thomas Jefferson and Aaron
Burr for Vice Presidential candidate.
 The parties also elected candidates to serve as presidential
electors in several States.
- If elected, it was understood they would vote for their parties
Presidential and Vice Presidential candidate.
So…What Happened???
 Each of the 73 Democratic-Republicans who won post as
electors voted for their party during the election of 1800.
-Remember that each elector must cast 2 votes.
-So, the 73 Democratic-Republican electors cast 73 votes for
both Thomas Jefferson, and 73 votes for Aaron Burr.
-For the first time the presidential election ended in a tie.
 To determine the winner the election, the vote went to the
House of Representatives.
-They had to vote 36 times before Thomas Jefferson was declared the
winner.
ADAMS
Jefferson
becomes
President
PINCKNEY
36
VOTES
LATER
JEFFERSON
Burr
Becomes V.P.
BURR
 The election of 1800 marked the introduction of three new
elements into the process of electing a President.
1.) Party Nominations for President and Vice President
2.) Nomination of candidates for presidential electors
pledged to vote for their parties presidential ticket
3.) Automatic casting of electoral votes in line with those
pledges
 12 Amendment was added to the Constitution in 1804 to
make sure that this fiasco never happened again.
-called for a separate election for President and V.P.
Bell Work:
 Tuesday: 3/5/13
- What is the electoral college?
 Wednesday: 3/6/13
- If there is a tie for President, how is the
election decided?
Bell Work: 3-7-13
 According to the Presidential Succession Act
of 1947, who follows the Vice President in
the line of presidential succession?
Bell Work: 3/8/13
 The President may decide to resume duties
after an illness by informing Congress that
no inability exists, but that decision can be
challenged by:
The Election:
13.5
The Electoral College Today:
 The Electoral College is one of the most
misunderstood parts of the American political
process.
 Each State has a certain number of electoral votes.
 The number of electoral votes each State has is
determined by the number of members they have
in congress. (Senate + House= electoral votes)
 There is total of 538 electoral votes available in the
U.S. (How can this be?)
• On Election Day, most American’s believe they are
voting directly for the President.
-actually, they are voting for who they want the
electors in their State to vote for.
(ex:)Whoever receives the majority of the votes
in Michigan will receive all of Michigan's
electoral votes.
• On election day, people find out who won the election.
(November)
- However, the presidential electors don’t official
cast their vote until almost a month later
(December)
Counting the Electoral Votes:
 Whoever receives the majority of the electoral
votes, will be the next President of the United
States.
-Minimum electoral votes needed is 270.
 If no candidate receives the minimum amount of
electoral votes, the election is then decided by the
House of Representatives.
-Each State gets 1 vote.
-Winner must receive a minimum of 26 votes.
-This has happened twice (1800 and 1824)
Flaws in the Electoral College:
1.
Winner of the popular vote may not win the presidency.
2.) Electors are not required to vote in accord with
the popular vote.
 Most States have laws that require an elector to vote for the
candidate favored by the popular vote.
- These laws are never enforced!
 To this point it has happened 11 times in our nation’s history.
 This has never affected the outcome of an election, but the
potential is still there.
3.) Any election may have to be decided by the
House of Representatives.
- Has happened only twice in our nation’s history.
- Elections of 1800 and 1824
- Almost happened during the 1912, 1924, 1948, and 1968 election.
Proposed Reforms:
 District Plan- 2 electors would vote along with the popular
vote, the rest of the electors would votes along with the
popular vote in their district.
 Proportional Plan- each candidate would receive same
share of State’s electoral votes as they received in a State’s
popular vote.
(ex:) Obama gets 40% of the popular vote in a State that has
20 electoral votes means Obama would get 8 of that State’s
electoral votes.
 Direct Popular Vote- Candidate that receives the most popular
votes, would win.
-This would completely get rid of the electoral college.
 National Popular Vote Plan- The candidate that receives the
majority of the popular votes, would receive all of the electoral
votes.
(ex:) Obama gets more popular votes, thus he receives all
of the 538 electoral votes.
Bell Work: 3/11/13
 List the 3 flaws of the Electoral College.
The Growth of Presidential Power:
14.1
Article II:
 Article II of the Constitution is the Executive Article, which
discusses the powers of the executive office.
 Formal Powers include:
- executive power (power to enforce and carryout laws)
- power to command the armed forces.
- make treaties
- approve or veto acts of Congress
-send and receive diplomatic representatives
-grant pardons and reprieves
- faithfully execute laws.
 The Constitution deals with the powers of the Presidency in
a very sketchy manner.
- reads almost as an outline.
- Article II has been called “the most loosely drawn
chapter”.
 In our history, there has been many arguments over the
extent of presidential power.
-some argue for a weaker presidency
- others argue for a stronger, independent and co-equal.
Why Presidential Power Has Grown:
 Although the Constitution’s formal grants of power has not
changed, presidential power has grown remarkably over the past
200 years.
 Reasons why:
- Presidents: strong Presidents have helped to shape the office.
- Industrialization and technology: Has required the growth
of the Federal Government.
*transportation, communication, health, welfare,
education, and civil rights.
-Times of Crisis: Actions by the president have done a lot to
strengthen executive power.
-Congress: passed many laws which the President has executed.
- Mass Media: A President has the ability to attract
attention and build support for policies and actions.
 Even with the growth of the Executive office, remember that
the President is not all powerful.
ex:
-Youngstown Sheet & Tube Co. v. Sawyer (1952)
-Military Tribunals: (Bush, 2006)
The Presidential View:
 Over time Presidents themselves have taken one of two views on
the office of the Presidency and its powers
-Broad Approach (stewardship theory)
-Limited Approach
 In recent decades, critics of strong presidential power have
condemned what is called the imperial presidency.
-President taking a strong actions without consulting
congress.
Executing the Law: (14.2)
 As chief executive, the President executes (enforces,
administers, carries out) the provisions of Federal Law.
 Power to do so is granted in the Constitution.
1.) Oath of Office
2.) Constitutional Command, “ He shall take care that the
laws be faithfully executed”.
 The President’s power to execute the law covers all federal
laws.
- Number and subject matter is enormous.
(ex:) armed forces, social security, gun control, minimum
wage etc…
The Ordinance Power:
 The President has the power to issue executive orders.
- Executive Order: is a directive, rule, or regulation that
has the effect of law.
 The power to issue these orders, the ordinance power, arises
from two sources:
1.) The Constitution- not mentioned, but intended.
2.) Congress - has become necessary for Congress to
delegate more power to the President.
Appointment Power:
 The President cannot hope to succeed without loyal
subordinates who support the policies of the President’s
administration.
 Appointees: With Senate consent, the President names
most of the top-ranking officers of the Federal Government.
1.) ambassadors/diplomats
2.) cabinet members and their top aides
3.) heads of independent agencies
4.) All Federal judges, U.S. Marshals
5.) All officers of the Armed forces.
 Senatorial Courtesy is closely followed when it comes to a
Presidential appointment.
 Recess Appointments:
- Power to make appointments (to fill a vacancy) during a recess in
the Senate.
- This appointment automatically expires at the end of the
congressional term.
- This bypasses the Senates approval.
 Removal Power:
- At first Congress gave the President the power to remove any
officer he appointed. (federal judges excluded)
- Later Congress passed the “Tenure of Office Act” (repealed)
- Law now states that removal can only be based on:
1. inefficiency
2. neglect of duty
3. malfeasance in office
Homework Assignment:
 Research and write a summary on the following
court cases.
 REMOVAL POWER:
1. Myers v. United States (1926)
2. Humphrey’s Executor v. Unites States (1935)
Bell Work: 2/28/12
 What is an executive order?
Diplomatic and Military Powers:
14.3
The Power to Make Treaties:
 A Treaty is a formal agreement between two or more
sovereign states.
- The President, usually acting through the secretary of
state, negotiates these international agreements.
- Senate must give approval by 2/3 vote
 Treaties have the same legal standing as acts passed by
Congress.
-Congress may repeal a treaty by passing a law that goes
against the treaty’s provisions.
Executive Agreements:
 An executive agreement is a pact between the President
and the head of a foreign state.
-Most executive agreements come from legislation already
passed by Congress.
- Remember, the President can make executive agreements
without approval of the Senate.
 Famous Executive Agreement:
-Destroyers-for-bases deal of 1940
The Power of Recognition:
 When the President receives the diplomatic representatives
of another nation, the President exercises the power of
recognition.
- Meaning that the President acknowledges the legal
existence of that country and its government.
- The President indicates that country as an equal.
 Power of recognition can also be used as a weapon in foreign
relations.
- If the President recognizes a new nation, it is seen as a
form of protection.
ex:) -T. Roosevelt and Panama (1903)
-H. Truman and Israel (1948)
-A president may also show displeasure with the conduct of
another country by recall of that nation’s ambassador or other
diplomatic representatives.
-The official being recalled is declared to be persona non grata,
an unwelcomed person.
ex:) U.S. recalled it’s ambassador in Libya (2009)
Commander and Chief:
 As you know the President is the commander and chief of the
nation’s armed forces.
- Most Presidents delegate much of their command
authority to the generals and other high ranking
officials.
 However, President Washington actually took command of
federal troops led them into Pennsylvania during the Whiskey
Rebellion of 1794.
 Making undeclared wars:
-Recall the President can send troops into combat with
a formal declaration of war.
 The last time actually declared war was WWII.
 Since then, Congress has used congressional resolutions to
deal with conflicts involving foreign nations.
 Congressional Resolutions: When congress authorizes
the President to meet certain international crises with
military force.
-Cuban missile crisis
-Gulf War (1991)
-Iraq (2001)
War Powers Resolution:
 Today, most people agree that the President must be able to
respond rapidly and effectively to threats to national security.
 Still, many people have long warned of the dangers inherent
in the President’s power to involve the nation in undeclared
wars.
 After the nations growing frustration over the war in
Vietnam, Congress passed the War Powers Resolution of
1973
-Nixon tried to vetoed, but was overridden.
 Provisions of the War Powers Resolution Act:
1.) With 48 hours, the President report to Congress, detailing
the circumstances and scope of his actions.
2.) Commitment of American forces must end after 60 days,
unless Congress agrees to a longer period.
3.) Congress may end the combat commitment at any time, by
passing a concurrent resolution.
 The Constitutionality of the war powers resolution remains
in dispute.
Bell Work: 3/2/12
 What is a Congressional Resolution?
Legislative and Judicial Powers:
14.4
Legislative Powers:
 Recommending Legislation:
-The President regularly sends three major messages to
Congress each year.
1. State of the Union
2. President’s budget message
3. Annual economic report
 The President often send lawmakers (Congress) a number of
other messages on a wide range of topics.
 In each, recommends laws he thinks are necessary to the
welfare of the country.
The Veto Power:
 The President has four different options when present with a
Bill or Act from Congress.
1.) Sign the bill, making it law.
2.) Veto it, and send it back to Congress. (can be overridden)
3.) Allow the bill to become a law by not signing it, or vetoing
it within 10 days.
4.) (Pocket Veto) If Congress adjourns within 10 days after the
bill is sent to the President, and no action is taken, the bill
dies.
 The Line-Item Veto:
- If a President decides to veto a bill, he must reject the
entire bill.
- Presidents have often favored expanding the veto power to
include a line-item veto.
 A line-item veto would allow the President to cancel specific
dollar amounts (line-items) in spending bills enacted by
Congress.
- Some argue that this would shift too much power to the
President.
-Congress did pass a Line-Item veto Act in 1996, but it was
struck down by the Supreme Court.
 Other Legislative Powers:
- President can call Congress into a special session.
* Truman after WWII
- President can prorogue (adjourn) Congress when they
cannot agree on a date.
Judicial Powers:
 The Constitution gives the President the power to…
1.) Grant Reprieves- Postponement of the execution of a
sentence.
2.) Pardon- Legal forgiveness for a crime.
 These powers of clemency (mercy or leniency) may be used
only in cases involving federal offenses.
- Usually granted after a person has been convicted.
- The person who is being pardoned, must accept the pardon.
- If accepted, it is usually seen as an admission of guilt.
 The pardoning power includes the power to grant conditional
pardons, provided the conditions are reasonable.
 Also includes the power of commutation, meaning to reduce
the length of a sentence or fine.
 As well as a amnesty, or a blanket pardon offered to a group
of law violators.
ex:) B. Harrison = Mormons that violated anti-polygamy laws.
J. Carter = Pardoned Vietnam War draft evaders