The Institutions
Unit 4B
The Presidency
The White House
Constitutional Qualifications
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Be at least 35 years old
A natural-born citizen of the United States
Lived in the U.S. for 14 years
“Other” Qualifications
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Political experience (usually have SOME)
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Vice presidents, state governors, U.S. senators, U.S. representatives
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Presidents with no prior elected office:
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Military service (not required, but many see it as important)
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12 Presidents with no prior military service:
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Not involved in the “mess in Washington” (Carter, Reagan, Clinton)
Only two female vice-presidential major party candidates
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John F. Kennedy (D) was first Catholic president (1961-1963)
Barack Obama (D) was first black president (2009-Present)
Charismatic (good speaker, schmoozer, access to campaign $$)
Outsider (promises to clean up Washington)
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John Adams (F), John Quincy Adams (D-R, NR), Martin van Buren (D), Grover Cleveland (D), William
Howard Taft (R), Woodrow Wilson (D), Warren Harding (R), Calvin Coolidge (R), Herbert Hoover (R),
Franklin Roosevelt (D), Bill Clinton (D), Barack Obama (D)
White Anglo-Saxon Protestant (WASP)
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Zachary Taylor (W), Ulysses S. Grant (R), William H. Taft (R), Herbert Hoover (R), Dwight Eisenhower
(R)
Geraldine Ferraro (D) (1984), Sarah Palin (R) (2008) Hilary Clinton Pres Primary (D) 2008
James Buchanan (R) was only president not married (1857-1861)
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John Tyler (W) (1841-1845) and Woodrow Wilson (D) (1913-1921) married during their terms
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Electoral College
Article II establishes Electoral College
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12th Amendment requires vote for president AND vice president
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Each state receives number of electors equal to number of
representatives and senators
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23rd Amendment provides 3 electoral votes for District of Columbia
Usually, state political parties nominate their electors
Winner-take-all for 48 states based on popular vote in state
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In response to Election of 1800; Jefferson and Burr
Maine and Nebraska split electoral votes
Electoral majority required
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Currently, 270 out of 538
House of Representatives chooses if no majority
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20th Amendment requires newly elected incoming House to choose
Presidential Candidates and State Campaigns
Number of Hand Waves depicts number
of presidential and vice-presidential
candidate visits in last five weeks of
election of 2004
Number of Dollar Signs depicts number
of presidential campaign spending in last
five weeks of election of 2004
Electoral College?
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Polls increasing against
Electoral College as
antiquated or undemocratic
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May win national popular vote,
but no electoral majority
Candidates ignore several states
in favor of large states and
swing states
Propose choose electors
based on winner of each
congressional district OR
national popular vote only
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Election of 1824
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Election of 1876
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Samuel Tilden (D) won over 50% of
popular vote
3 contested states awarded to
Rutherford B. Hayes (R)
Election of 1888
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Andrew Jackson earned popular vote
and plurality of electoral votes
House of Rep elected John Q. Adams
Grover Cleveland (D) won popular
vote, but lost to Benjamin Harrison (R)
in electoral votes
Election of 2000
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Al Gore (D) won popular vote, but lost
to George W. Bush (R)
U.S. Supreme Court decided on recount
of Florida’s votes
270 to Win
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http://www.270towin.com/2016_election_pred
ictions.php?mapid=bIrY
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What happens if they don’t get 270? Election is
tossed to the House – who votes – one vote per
state.
Inauguration
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“I do solemnly swear (or affirm)
that I will faithfully execute the
Office of President of the United
States, and will to the best of my
Ability, preserve, protect and
defend the Constitution of the
United States.” – Oath of Office
Twentieth Amendment (1933)
established January 20th as
inauguration date
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Used to be on March 4th
Since John Adams, the Chief
Justice of the Supreme Court has
administered the oath
Presidential Terms of Office
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Four-year terms
Originally, no limit to number of terms served
George Washington set precedent/tradition of
two terms
Franklin D. Roosevelt
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Elected to 4 terms (1932, 1936, 1940, 1944)
22nd Amendment (1951)
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Limited president to two terms
Presidential Benefits
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$400,000 annual salary
$50,000 annual tax-free expense account
$100,000 annual tax-free travel allowance
Taxable pension plan
Secret Service protection
Support staff
White House staff of 400-500 people
Camp David, a countryside getaway
Air Force One (plane) and Marine One (helicopter)
Considered the most powerful person in the world
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Leader of the Free World
The Many Hats of the President
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Chief Executive
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Chief Legislator
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Ceremonies, receive foreign leaders, official dinners
Chief Diplomat
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In charge of armed forces
Head of State
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Propose legislation, veto power, State of the Union
Commander-in-Chief
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Execute laws, appoint executive officials
Negotiate treaties/alliances, develop foreign policies, appoint
ambassadors
Head of Political Party
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Agenda setting, coattails, patronage
Chief Executive
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Presidential Appointments (FORMAL
POWER)
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(including U.S. Supreme Court)*
Recess appointments (FORMAL
POWER)
Executive Appointments
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(i.e. Federal Reserve Chairperson)*
U.S. marshals and attorneys
Ambassadors
Requires U.S. Senate approval (simple
majority)
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“…take care that the laws be faithfully
executed”
EXECUTIVE ORDERS (INFORMAL
POWER)
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Ex parte Merryman
Korematsu v. United States
EXECUTIVE PRIVILEGE
(INFORMAL POWER)
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Power to refuse appearing before or refusing
to provide information to Congress or the
Supreme Court
Presidents argue for it based on separation of
powers
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* Informal powers
White House Staff
Executive Office of President
Rules and regulations of enforcement by
president
Suspension of habeas corpus, Japanese
internment, equality in armed forces, EPA
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Federal judiciary
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(i.e. Secretary of State)
Heads of independent regulatory
agencies
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Executive department heads
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* - The president cannot remove from office
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United States v. Nixon (1974)
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Washington and the House on treaties
Evidence may not be withheld in criminal
proceedings
Clinton v. Jones (1997)
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Presidency cannot protect from civil litigation
on actions before becoming president
Chief Legislator
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Sign bills into law (FORMAL POWER)
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Less than 10% of vetoes ever overridden
Clinton v. City of New York
State of the Union Address (FORMAL
POWER)
Special Sessions of Congress (FORMAL
POWER)
Per the Budget and Accounting Act of 1921
Congressional Budget and
Impoundment Control Act (1974)
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POCKET VETO (FORMAL POWER)
LINE-ITEM VETO
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Congressional override (2/3 majority of
both houses)
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Prepare and propose federal budget to
Congress (INFORMAL POWER)
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Signing Statements (INFORMAL POWER)
Veto bills (FORMAL POWER)
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Veto Power
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Denied president right to refuse spending
appropriated funds
Office of Management and Budget
(OMB)
Agenda Setting and Power of Persuasion
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National leader and representative
(INFORMAL POWER)
Head of the party (INFORMAL POWER)
Bully pulpit (INFORMAL POWER)
Presidential approval ratings (INFORMAL
POWER)
Veto threat (FORMAL POWER)
Formal Judicial Powers of the President
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Appoint justices to the U.S. Supreme Court and
lower federal courts
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Requires U.S. Senate approval (simple majority)
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Senatorial courtesy*
Grants reprieves, pardons, amnesty
Reprieves postpone a sentence allowing for appeals
 Pardons forgive a crime and cancel the punishment
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Gerald Ford’s blanket pardon of Nixon for Watergate
Amnesty is to forget the crime in lieu of testimony or
support
Chief Diplomat
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Congress delegates diplomatic powers to
President
Appoints ambassadors (FORMAL POWER)
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U.S. Senate approval (simple majority)
Receives foreign dignitaries (FORMAL
POWER)
Recognize nations (FORMAL POWER)
Treaties and Pacts
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Negotiates Treaties (FORMAL POWER)
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Requires advice and consent of 2/3 majority of
U.S. Senate
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Woodrow Wilson and Treaty of Versailles/League
of Nations Denial
EXECUTIVE AGREEMENTS (INFORMAL
POWER)
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Bypassing treaty ratification requirements, president
establishes foreign policy with heads of states
Does not require Senate approval, but must be reconsented by each new president
North American Free Trade Agreement (NAFTA)
Commander-in-Chief
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Commander-in-Chief
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Provides for domestic order
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Over all armed forces
Appoints Joint Chiefs of Staff (military
advisors)
Wages war
Troop deployment
Call up the National Guard in affected
state/locality
Crisis Manager (INFORMAL
POWER)
War Powers Resolution (1973)
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President notifies Congress 48 hours in
advance of combat
Armed forces for 60 days and 30-day
withdrawal period
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Congress may extend military use,
declare war, or authorize use of
military
Impeachment
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May be charged with treason, bribery, high crimes and misdemeanors
House of Representatives impeaches (indicts/charges/accuses)
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Senate tries (acquit or convict)
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Simple majority required
Presided over by Chief Justice of the U.S. Supreme Court
2/3 majority required for conviction
Historical Events
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Andrew Johnson
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Bill Clinton
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Democrat president dealing with Radical Republicans during Reconstruction
Acquitted by 1 vote on 2 charges
Democrat president involved in affair and impeached by Republican-dominated House
for perjury and obstruction of justice
Overwhelmingly acquitted
Richard Nixon*
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House Judiciary Committee was in process of drafting impeachment articles before
Nixon resigned
Vice President
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Selection of a Vice President
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Balance the ticket
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Selected based on different party faction, geographical region, political
experience
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Constitutional Responsibilities
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John F. Kennedy/Lyndon B. Johnson (1960 Election)
Preside over the Senate as President of the Senate
Break voting ties in the Senate
Assume presidency upon death, infirmity, disability, removal from office
of president
Duties of a Vice President
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Attend Cabinet meetings alongside the president
Serve on National Security Council
Diplomatic representative of president
Presidential Succession
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Vice president succeeds president
upon death, removal from office,
disability, infirmity
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Article II
Twentieth Amendment
Twenty-Fifth Amendment
Presidential Succession Act of 1947
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Vice President
Speaker of the House
President Pro Tempore
Secretary of State
Secretary of Treasury
Secretary of Defense
Attorney General
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Presidential Succession (cont.)
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Based on chronological order of
executive department
Secretary of 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 Veterans’ Affairs
Secretary of Homeland Security
The Office of the President
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In development of policy and decision-making,
the closest and/or last person/people to the
president influence the ultimate decision
Executive Office of the President (EOP)
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White House Staff
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Executive Order 8248 by FDR
Part of the EOP
The Cabinet
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Executive department heads
White House Staff
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May be hired and fired at will; no legislative or judicial approval necessary
Chief of Staff
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Press Secretary
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Disseminate and provide information to the president, the White House staff, and the mass
media
Communications
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Administers the White House staff
Usually a personal or close friend/ally
May possess a certain policy expertise or political connections
Develop and promote the president’s agenda
Organizational Structures
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Pyramid
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Circular
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Hierarchal structure reports to the Chief of Staff
Members and aides all directly report to the president
Ad-hoc
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Task forces, committees, informal groups of advisors and friends report to the president
Executive Office of the President
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Policy advisors and experts
Some officials require Senate approval
Office of Management and Budget (OMB)
Assist in developing federal budget proposal
 Monitor supervision of executive agencies
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Council of Economic Advisers
National Security Council
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National security and foreign policy advisement
Office of the U.S. Trade Representative
The Cabinet
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Administrators, or secretaries, of the executive departments
Appointed by president and approval from Senate
Selection by President
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Usually an expert in department appointed with some political and
private experience
In most cases, the person barely has any personal or political
relationship to the president, if any
Some may be chosen for image of diversity
Department Loyalty
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Policy expertise over partisanship, administration
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Some in-fighting with EOP and White House Staff
The Executive Departments
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State
Treasury
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Defense (“The Pentagon”)
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Interior
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National Park Service
Bureau of Indian Affairs
Agriculture (USDA)
Commerce
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Bureau of the Census
National Oceanic and Atmospheric
Administration (NOAA)
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Centers for Disease Control and Prevention (CDC)
Food and Drug Administration (FDA)
Medicare
Housing and Urban Development (HUD)
Transportation
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Bureau of Labor Statistics
Occupational Safety and Health Administration
(OSHA)
Health and Human Services
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National Security Agency (NSA)
Federal Bureau of Investigations (FBI)
Bureau of Alcohol, Tobacco, and Firearms and
Explosives (ATF)
Drug Enforcement Administration (DEA)
U.S. Marshals Service
Office of the Solicitor General
Labor
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Justice
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United States Mint/Bureau of Engraving and
Printing
Internal Revenue Service (IRS)
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Federal Aviation Administration (FAA)
Energy
Education
Veterans’ Affairs
Homeland Security
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United States Coast Guard
Immigration and Customs Enforcement (ICE)
U.S. Customs and Border Protection
United States Secret Service
Federal Emergency Management Agency (FEMA)
Transportation Security Administration (TSA)
The First Lady
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First and foremost as White
House hostess
Attends social events and
ceremonies with or representing
president
Modern First Ladies usually
coordinate politically safe issues
and initiatives
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Nancy Reagan’s “Just Say No To
Drugs”
Strong First Ladies
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Dolly Madison
Eleanor Roosevelt
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Civil rights issues, campaigned for
FDR
Hillary Clinton
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Given direct policy role for national
health care initiative
Presidential Character
Active-Positive
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Energetic, high selfesteem, confident,
optimistic, productive,
flexible, enjoys being
president
Jefferson, FDR, Truman,
Kennedy, H.W. Bush
Presidential Character
Active-Negative
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Energetic, low selfesteem, compulsive,
rigid, secures and retains
power, pessimism
Wilson, Hoover, Lyndon
Johnson, Nixon
Presidential Character
Passive-Positive
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Enjoys being president,
seeks affection,
cooperative,
compromising, limited
energy, reacts
Madison, Taft, Harding,
Reagan, Clinton
Presidential Character
Passive-Negative
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Obligated, limited
energy, principles over
politics, avoids power
Washington, Coolidge,
Eisenhower