THE PRESIDENCY
Unit Four
Chapters
13 & 14
The Roots of the Office of
President of the United States
• Distrust of the King
• Articles of Confederation & Exec Branch
– What did its’ failure mean?
• Framers new thoughts…
– What did we do?
• “You may call me, Mr. President.”
The Philadelphia Convention
Qualifications for Office
• The Constitution requires that the president
must be:
– Age, residency, anything else?
Terms of Office
• Big to do, lots of different ideas thrown out
• 22nd amendment
Pay and Benefits
• President
– $450,000 (includes benefits)/year
• Any other benefits?
• Retirement plans?
– $143,800/year
• What about the widows?
– $20,000/year
Removal of a President
• Ultimate check on power!
• What does the House do?
– Investigates, drafts “Articles of Impeachment,” and
charges
• What does the Senate do?
– Tries the case & if 2/3 say guilty – peace out!
• Who is the judge?
• How many Presidents have been impeached?
• How many Presidents have been removed?
Succession
• How many times has this happened?
– Through 2001, 7 presidents have died in office (plus Nixon on
resignation).
• Who takes over and where does it say this?
• Presidential Succession Act of 1947 that stated the order
of succession after the VP:
– Speaker of the House
– President Pro Tempore of the Senate
– Secretary of State, Treasury, Defense, and other Cabinet heads
in order of the creation of their department
• 25th amendment
Who takes over?
• 1 – Vice President,
Joe Biden
• 2 – Speaker of the House,
Nancy Pelosi
• 3 – President ProTempore of the Senate,
Robert Byrd
• 4 – Secretary of State,
Hillary Clinton
• 5 – Secretary of Treasury,
Timothy Geithner
What merits…incapacitation?
• They never really described how a President
becomes disabled.
– They have all had strokes, heart attacks, bullets.
• VP will become Acting President if…
– The President tells Congress in writing that he
can’t do his job.
– The VP and majority of members in cabinet
inform Congress, in writing, that the President
is incapacitated.
Example of Incapacitation
• July 13, 1985
– Surgeons got a malignant tumor from Reagan’s
large intestine.
– Before the surgery Reagan transferred the
powers of President to VP George H.W. Bush.
– When he awoke, 7 hours and 54 minutes later,
he reclaimed all Presidential powers he had
previously relinquished.
The Vice President
• “I am the Vice President. In this I am nothing, but I may
be everything.”
- John Adams
• “The Vice Presidency isn’t worth a warm pitcher of spit.”
- John Garner (two term VP to FDR)
• Two jobs:
– Take over if needed
– Preside over Senate and break ties
• Little power, low profile
• Why choose this person?
– Unity (convention), social/cultural balance, overcome
candidate’s shortcomings.
• Can they get fired?
Presidential Selection:
Electoral College
• Why is it here?
– No direct popular vote for Pres
– Were independent agents in the selection of the
President.
• Was state by state, with each elector casting votes
for 2 candidates.
• If there’s a tie…. The House chooses!
• However political parties messed things up.
Then Political Parties Came
• The Election of 1800
– When did parties come about???
– Parties chose candidate and electors
• Hmm…. How is this going to work out, tie duh!
– Who chooses???
• 12th amendment
Electoral College Today
• Nominated at convention or chosen in state central
committee and chosen by popular vote
• Winner take all (except Nebraska and Maine)
• Meet Monday after second Wednesday in Dec.
• Jan 6 – Congress counts votes – need 270!
• Jan 20 – Pres is sworn in!
But there are problems…
• Distributed not in exact proportion to population
• Can win pop vote but not electoral vote
– Has happened 4 times
• *J.Q. Adams vs. A. Jackson, *R. Hayes v. S. Tilden, *B.
Harrison vs. G. Cleveland, and *G. Bush vs. A. Gore
• Don’t have to vote with pop vote (in some states)
– Has happened 11 times
• http://www.archives.gov/federalregister/electoral-college/2008certificates/vote-georgia-01.html
• Elections may be thrown into the House, where
voting is State by State
Ways to fix these problems!!!
• The District Plan
– Electors are elected in each congressional district,
rather than the current winner-take-all plan.
• The Proportional Plan
– Give each candidate the share of the electoral vote that
they earned in the popular vote.
• Direct Popular Election
– No more electoral college, people elect President.
Nominating the President Today:
National Convention
• National Conventions since 1832 – thanks
Anti-Masons!
– Delegates from all states go
• There is no legal control over conventions.
• These are grand events that are held to…
– Adopt platform, unify party, pick candidates
• The nomination is the high point
– These usually go to white, Protestant, males
who have been governors or senators
Presidential Primaries
• Most common method
• Delegate-selection processes and/or elections in
which voters can express their preference for
Presidential candidates.
• Public, “Do you like me or not?”
• Parties out of power = hard-fought primary.
• So we know the process to get there, what about
when they are there?
Legislative
Power
Chief-of-State
Pardoning
Power
Treaty-making
Power
Chief Diplomat
Chief Executive
Presidential
Powers
Commander
-in-Chief
Veto Power
Appointment
Power
Presidential Roles
• Head of State
• Commander in
Chief
• Chief Executive
• Chief Diplomat
• Party Leader
• Voice of the
People/Chief
Citizen
• Chief Administrator
• Chief Legislator
Chief Legislator
• FDR claimed the leadership
and agenda setting power for
the president and got it
• Shifted Pres powers from
executing policy to making it
– Hard during divided gov’t
The Constitutional Powers of
the President
• Article II
• Expressed powers
• Executive Power Clause – Article II, first line
– It states "the executive power shall be vested in a
President of the United States of America."
• Implied powers
What exactly are the
Presidential Powers?
The President’s
Executive Powers
• Executing the Law
– The President must
carry out all laws.
• The Ordinance Power
• The Appointing Power
• The Removal Power
Diplomatic Powers
• The Power to Make
Treaties
• Executive Agreements
• The Power of
Recognition
• Can’t declare war
• Military with no war??
– Peace, Vietnam &
Korea
The President’s
Legislative Powers
• Gives State of the Union
• Suggests annual budgets
• Recommends special
legislation to Congress
• Can veto legislation
• Can call special sessions
of Congress
• Can adjourn Congress if
the two houses cannot
agree on a date
Judicial Powers
– Grant reprieves and
pardons in cases
involving federal law.
– Reduce sentences, or
fines, imposed by a
court.
– Grant amnesty, or a
general pardon, to
persons who have
violated the law.
The Modern Presidency
• 20th century – more powerful!
• Begins with FDR (elected 4 times, during crisis’)
– FDR also personalized the presidency
• The modern president
– leads a large government
– plays an active and leading role in foreign and
domestic policy
– plays a strong legislative role
– and uses technology to get 'close to Americans.'
Checks on
Presidential Powers
•
•
•
•
•
Congress
Bureaucracy
Supreme Court
Media
Public Opinion
– Check out the following
approval ratings.
The Presidential Establishment
• Today, the president has numerous
advisors to help make policy and fulfill
the duties of chief executive.
– The Cabinet
– The Executive Office of the President
– White House Staff
(EOP)
The Cabinet
• Not in the Constitution (changes with
each Pres)
• Heads of major bureaucratic depts.
(State, Defense, Treasury, etc.)
– Serve as advisors to Pres
• President appoints members, Senate
confirms
The President’s Cabinet
The Executive Office
of the President (EOP)
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•
•
•
Created by FDR
Close inner circle of advisors to President
Responsible to President alone
Chief of Staff, Press Sec., National Security
Council, Office of Management and
Budget, etc.
White House Staff
• Most directly responsible to the President.
– Personal assistants, senior aides, administrative
personnel and more.
• No Senate confirmation.
– Get the job based on relationship with President.
• Height of 583 members in 1972.
– Now it is smaller running around 400 people.
Continuity and Change
• Too big or too small?
– Too much power or too little?
– Too much money or too little?
• It is quite a job, among other roles they are:
– A symbol of the country
– Ceremonial leader
– The nation’s chief executive
Bureaucracy, Foreign
Relations, and…
Money, money, money!!!
The Federal Bureaucracy
• A bureaucracy is…
– Based on principles of hierarchical authority,
job specialization, and formal rules.
– A way of organizing people to do work.
• Made up of 3 major groups of admin
agencies.
– Executive Office of the President – covered it
– The 15 Cabinet Departments – covered it
– Independent Agencies
Independent Agencies
• These operate outside departments in Cabinet.
• Why are they independent?
–
–
–
–
Function doesn’t fit with a dept.
Protect officials from political pressure.
More responsive to people (interest groups)
Peculiar/sensitive nature of functions….
• Examples:
– Central Intelligence Agency, Environmental
Protection Agency, Farm Credit Administration
3 Different kinds of Independent Agencies
• Independent Executive Agencies
– Most Independent Agencies
– Single administrator over subunits, operate on a regional
basis.
• Independent Regulatory Commissions
– Created to regulate important aspects of the nation’s
economy.
– Need Senate confirmation.
• Government Corporations
– Within executive dept, under Pres’ control.
– Need Senate confirmation.
Congress’ Power to Tax
• Constitutional
Limitations
– Public purposes only.
– No tax on exports.
– Direct Taxes must be
done by population.
– Indirect Taxes must
be levied at same rate
all over.
• Implied Limitation
– Fed gov’t can’t tax
state
– State can’t tax Fed
Gov’t
– Non governmental
activities of State and
local governments can
be taxed.
Taxes for Nonrevenue Purposes
• Taxes are also used to regulate or discourage
activities that Congress considers harmful to the
public.
– What kind of things are taxed with this power?
• There are constitutional limits to Congress’
power to tax for such purposes.
Nontax Revenue, Borrowing, Public Debt
• Federal Government earns more than $20 billion/year from
nontax revenue.
– Comes from:
• interest on loans, fees charged by federal agencies, monies from sale of
public lands, fines imposed by federal courts, etc.
• Traditionally, Gov’t borrows for crises or to finance largescale project.
• Now, Gov’t borrows regularly to help with National deficit.
– They borrow at a low interest rate, because they are considered a safe
investment.
• Public debt – all money borrowed by Gov’t and not paid off.
– Has increased rapidly…big controversy because it places burden on
taxpayer’s shoulders.
Federal Spending
• Federal Gov’t spends most on social security.
– Interest on public debt is second largest current
federal spending.
• 20% of spending is controllable
• 80% of spending is uncontrollable
The Federal Budget
• The budget is responsibility of Pres/Congress.
– The Pres proposes it and congress approves or not.
• The Office of Management and Budget
– Each federal Agencies submit estimated budgets.
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Review the requests
Holds hearings
Fits all requests into federal budget
Send it to Congress
Next steps for the Budget
FYI
• President’s budget is referred to Budget Committee in each
house.
• The Congressional Budget Office helps these committees
study and make decisions about the President’s budget.
• Budget goes to both Appropriation Committees, who fashion
the bills that appropriate the money.
• Congress tries to pass the Budget by October 1st…but usually
doesn’t happen
– Pass emergency spending legislation to allow the Gov't to keep going
until the Budget is finally accepted.
Foreign and
Defense Policy
Foreign Policy
• Isolationism to Internationalism
• Foreign Policy
– Fed Gov’ts statements/actions dealing with foreign
countries
• Treaties, alliances, international trade, defense, foreign
aid.
• What does the Big Guy have to do with this?
– Commander & Chief, and Chief Diplomat
– Has tons of departments and agencies to help them
• Sec of State, Sec. of Defense, etc.
Foreign policy helpers:
FYI
• The Central Intelligence Agency
• The United States Information Agency
• The National Aeronautics and Space
Admin.
• The United States Arm Control and
Disarmament Agency
• The Select Service System
Foreign Aid, Defense Alliances,
and the United Nations
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Foreign Aid
Security through alliances
The United Nations
The UN Charter
The General Assembly
The Security Council
Other important UN bodies