Constitutional Requirements
to be President
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SSCG13 The student will describe the qualifications for becoming President of the U.S.
 Explain the written qualifications for President of the United States.
 Describe unwritten qualifications common to past presidents.
Constitutional Requirements to be President
1. Natural born Citizen
2.
35 years old
3.
Resident of the U.S. for at least 14 years
*The Vice President’s qualifications are the same as the President with the
exception that he/she can not have their primary residence in the same state as
the President.
Informal Presidential Qualifications
1. College Educated
2. Military Experience
3. Prior government experience
Most have been white, male, protestants with
families
What voters want….
The impossible dream!
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Cooperation w/Congress
Peacekeeper
Ability to solve economic problems
Someone with good character, judgment, and humor
A sense of purpose
Tough, decisive, competent, effective & fair
A leader with initiative
How is the President Elected?
National Convention
Presidential Primaries
In states with primaries, party
voters select some or all
delegates to national convention
and/or express preference for
party’s nomination
Candidates must take two paths
to win their party’s nomination:
(1) Either through primaries or
(2) party state conventions
Delegates choose the nominee
of each major party – with
conventions held in the
summer of election year
State Conventions
Party voters select some or all
of the delegates to the
national convention
Local Caucuses
Party voters in local meetings
choose delegates to state
conventions
How is the President Elected?
Electoral College
Presidential electors meet in State
capitals on Monday following the
second Wednesday in December to cast
electoral votes. 270 needed to win.
Election Day
Voters cast their ballots on Tuesday following the first Monday in
November. Voters actually choose presidential electors.
Democrat
Nominee
Republican
Nominee
Third Party
Candidates
How does the Electoral
College Work?
Electoral votes are determined by total
number of senators and representatives
in each state
Largest state – California, has 55
electoral votes
Electors are party loyalists that are
chosen by the state parties
Voters elect the slate of electors on
Election Day. For Georgia: 16
Republicans or 16 Democrats,
depending on majority vote.
Majority of Electors: 270 of 538
is necessary to win.
Example
Georgia has 2 senators and
14 representatives – total
electoral votes are 16
23rd Amendment allows for 3
electoral votes for Wash. DC
Inauguration of the President
Term of Office:
Four Years
Inauguration:
January 20th
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20
Amendment
 “Lame Duck” Amendment
 Moves inauguration to January 20th from original
March date
 Congressional start date moved to January in same
amendment
 Length of time for a sitting president who is not reelected is reduced
 Goal: prevent inactivity or hasty decisions on way out of
office
Presidential Term Limits
 Washington began the tradition of serving
only two terms, but it was really unlimited
until the 22nd Amendment, which gave two
rules:
 No one can be elected as President more
than twice.
 No one that serves more than two years of
another President’s term can be elected more
than once.
Benefits of the Presidency
1. Salary: $400,000 per year (beginning in 2001)
2. Perks:
 White House w/staff of 100+
 Doctors and Health Care
 Expense Account of $50,000
 Air Force One and a fleet of jets and helicopters
 Camp David – vacation spot in Maryland
 Pension, Retirement, and Secret Service for 10 years after
they leave office
Benefits of the Presidency
 White House
 132 rooms, 35 bathrooms, 28
fireplaces, 8 staircases, 3
elevators and 6 levels in the
Residence
 Entertainment
 Movie theater, bowling lanes,
putting green
 Pension Plan
 $166,700 a year
 free mailing privileges for
nonpolitical correspondence, free
office space, $96,000 a year for
office help, and, during the first
thirty months after their term of
office has ended, up to $150,000
for staff assistance.
 Secret Service protection for 10
years for Pres & First Lady
(children until they are 16)
The White House
Camp David
Air Force One
Marine One
Vice Presidential Roles
1. President in Waiting
2. Acting President of the Senate and can vote in
order to break a tie.
3. Power over presidential disability as stated in the
25th Amendment.
4. Chairs Commissions, meets foreign dignitaries,
and advises the President.
5. All other responsibilities come from the
President.
The Vice President
Provisions of the Vice President
Salary $230,700 per
year
 Lives in House on
Observatory Hill
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– Located in the U.S. Naval
Observatory in
Washington, D.C.
– Home to the Vice
President since 1974
th
25
Amendment
Procedures dealing with Presidential Disability
1. Vice President becomes President if the President resigns, is
removed or dies.
2.
If there is a vacancy in the Vice Presidency, then the President
appoints a new V.P. and both houses of Congress must approve
him.
3.
The Vice President becomes acting President if the President is
unable to serve temporarily.
4.
The President becomes acting President as soon as he declares
himself fit, unless the Vice President, a majority of the Cabinet
and 2/3 of the Congress declare him still unfit. Then the Vice
President will remain the acting President until it is
determined that the President is fit.
Presidential Succession Act
 Following World War II, a new Presidential
Succession Act of 1947 was passed
 Placed the Speaker of the House and the president pro
tempore of the Senate behind the vice president
 The line of succession then extended to the executive
department heads in the order in which their agencies
were created.
Presidential Succession
John Boehner,
Speaker
Patrick Leahy,
Pres ProTempore
John Kerry,
State
Neil Wolen,
Treasury
(temp until Lew)
Leon Panetta,
Defense…
waiting on
Hagel
confirmation to
retire!!
Eric Holder, US
Attorney General,
Dept of Justice
Did you know?
One Cabinet member stays out of State of the Union Address…
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2013 - Energy
2012 - Agriculture
2011 – Interior
2010 – HUD (& State)
2009 - Justice
2008 – Energy
2007 – Justice
2006 – Veteran’s Affairs
2005 – Commerce
2004 – Commerce
2003 – Justice & Transportation
2002 – Interior
2001 – Veteran’s Affairs
2000 – Energy
1999 – HUD
1998 - Commerce
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1997 – Agriculture
1996 – HHS
1995 – Transportation
1994 – Agriculture
1993 – Interior
1992 – Agriculture
1991 – Interior
1990 – Veteran’s Affairs
1989 – None
1988 – Interior
1987 – Agriculture
1986 – Agriculture
Original Intent: The Formal Powers
 Executive with limited power
 Enforce the laws of Congress
 Handle foreign policy
 Be chief executive and head of state
 Broadly defined constitutional powers for
flexibility (has resulted in expanded power)
 Commander in Chief
 Grant pardons & reprieves
 Report on State of the Union
Informal Powers
 Morale builder
 Agenda/policy setter
 Party leader
 Conflict resolver
 Legislative leader
 Persuader and policy
 Coalition builder
 Crisis manager
 Personnel recruiter
 World leader
 Budget setter
communicator
SSCG12
The student will analyze the various roles played
by the President of the United States; include
Commander-in-Chief of the Armed Forces, chief
executive, chief agenda setter, representative of
the nation, chief of state, foreign policy leader,
and party leader.
Chief Executive
 Enforce the law
 Head the bureaucracy
 Appoint federal officials
 Negotiate treaties
 Grant pardons, reprieves and amnesty
Chief of State
 Representative of nation
 Symbol of America
 Host to distinguished delegates
and visitors
Chief of the Economy
Guard the
Economy
Prevent
depressions
Balance budget
Commander in Chief
 Civilian control of the military
 Assignment of troops with war declaration
from Congress
 Sending troops without formal
war declaration
 Gulf of Tonkin Resolution
 War Powers Act 1974
Party Leader
Shape party
platform
Campaign for
party
Mobilize public
opinion
Chief Legislator/Agenda Setter
 State of the Union Address
 Recommend legislation
 Present the budget
 Veto power
Chief Diplomat
 Treaty making with
Senate approval
 Establish diplomatic
relations
 Executive agreements
SSCG4
The student will demonstrate
knowledge of the organization and
powers of the national government.
Executive Powers
1.
Commander in Chief
Gulf of Tonkin Resolution – while troops are in conflict,
the President can take any action to protect the troops short
of declaring war.
War Powers Act – President cannot send troops out unless:
 Congress declares War
 A law authorizes the action
 National Emergency: but the President must follow 2 rules:
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Notify Congress within 48 hours
Cannot keep troops abroad for more than 60 days
without Congressional Approval.
Executive Powers
2. Enforces Laws
3. Executive Agreement – agreements Presidents
make on behalf of the U.S. with foreign countries
that do not require Senate approval.
4. Treaty – agreements Presidents make on behalf of
the U.S. with foreign countries that require Senate
approval.
Executive Powers
5. Power of Appointment – appoints federal officials
along with judges and Supreme Court justices.
6. Power of Removal – can remove federal officials but
not judges or justices.
7. Executive Privilege – the right to withhold
information from Congress and the Courts
Legislative Powers
1. Recommend Legislation
3 formal messages:
State of the Union Address
Economic Report
Budget Message
2. Approve Legislation – signs bill into law
Legislative Powers
3. The Veto Power – forbid legislation
4. The Pocket Veto – to sit on the bill for ten days
without signing it and it is a law. However, if
Congress adjourns within ten days then it cannot be
overridden.
5. To call Special Sessions of Congress
Judicial Powers
1.
Appoint Judges and Justices to the Supreme Court
2. *Reprieves – delay carrying out of punishments in
federal crimes
3. *Pardons – release from punishment in federal
crimes by absolute or conditional
4. *Amnesty – blanket pardon given to groups of people
**These do not work in cases of impeachment or in state crimes
Economic Policy
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Fight inflation
Keep taxes low
Promote economic growth
Prevent recession
Create jobs
 Chief Advisors
 Sec of Treasury
 Director of OMB
 Ex-officio Chair of FED
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Ben Barnanke
FED is key to interest
rates and growth of
economy
FED is independent
regulatory agency
Members have
staggered terms
beyond the
president’s term
FED can’t be fired for
policy decisions
National
Security
 In a national emergency:
planning, command, unity falls to National Security
Council
 Diplomacy and the military are used as instruments of
foreign policy
 Congress must appropriate and authorize funding for
treaties and war
Party Leadership
 Informal head of party
 Rarely have control on state and local
politicians
 Can’t control party members in
Congress b/c of constituents
Legislative & Coalition Builder
 Send messages to Congress on policy and agenda
 Visit the Hill to “twist arms”
 Acts as politician
 Conflict manager,
negotiator, bargainer,
reconciler, coalition
builder, persuader
Relationship w/Congress
 Appointments which require Senate confirmation
 Federal judges, SC justices, Ambassadors, Dept.
Secretaries, US Attorney
 Negotiate treaties
 Binding only w/agreements of 2/3 of Senate
 Exec Agreement – b/t head of countries; are as binding
as treaties
Budgeting
 Way to control bureaucracy
 Increases/decreases based on policy
 Budget requests must go through OMB from all
departments and agencies before going to Congress
 OMB writes the budget submitted to Congress
Impoundment & Recissions
 Impoundment
 Refusal of president to spend funds appropriated by
Congress.
 Budget Reform Act of 1974 requires notification of
Congress
 Congress has 45 days to delete item or pass resolution
demanding release
 Recission
 Recommendation of president to cut part of
appropriations bills
Prime Time President
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Press conferences
Speeches from Oval Office
Radio messages
First 100 days is the “honeymoon
period”
 The longer they stay in office, the less
popular they become...interest groups
grow impatient, unkept promises,
blamed for problems left by previous
president
President & the Press
 Press sees itself as the
protector of democracy
 Filtering – Press
interpretation of what is
said and what it means
 Spin Doctors – put twists
on what was said and
done
 President can “leak” info
to test reaction (trial
balloons) to new policy
Presidential Style and Character
by James David Barber
 Active-long hours, new direction, strong
leadership, innovative policies
 Passive-less time and energy, let Congress take
control
 Positive-enjoy the power, like the challenge of the
office
 Negative-sense of duty to serve, try to prove
themselves
Positive
Active
Passive
Negative
ADAPTIVE: self-confident; flexible;
creates opportunities for action;
enjoys the exercise of power, does
not take himself too seriously;
optimistic; emphasizes the
"rational mastery" of his
environment; power used as a
means to achieve beneficial
results.
Thomas Jefferson,
F. D. Roosevelt,
H. Truman,
J. F. Kennedy,
G. Ford,
G. W. Bush(?)
COMPULSIVE: power as a means to
self-realization; expends great
energy on tasks but derives little
joy; preoccupied with whether he
is failing or succeeding; low selfesteem; inclined to rigidity and
pessimism; highly driven; problem
managing aggression.
COMPLIANT: seek to be loved; easily
manipulated; low self-esteem is
overcome by ingratiating
personality; reacts rather than
initiates; superficially optimistic.
James Madison,
W. H. Taft,
W. Harding,
R. Reagan,
Bill Clinton
WITHDRAWN: responds to a sense of
duty; avoid power; low self-esteem
compensated by service to others;
responds rather than initiates;
avoids conflict and uncertainty.
emphasizes principles and
procedures and an aversion to
politicking.
George Washington,
C. Coolidge,
D. Eisenhower
John Adams,
W. Wilson,
H. Hoover,
A. Lincoln,
L. B. Johnson,
R. Nixon
Management Style
 Circular
 Everyone with equal access to the president
 Pyramid
 Hierarchy with information to president coming from
bottom up
An Imperial Presidency?
 ARGUMENT:
 Individual actions taken
by past presidents have
enlarged the power of
the presidency by
expanding
responsibility and
political resources.
 Proof?
 Emergency Powers
 Growing staff
 Growing bureaucracy
 Increase in media
coverage
 Executive Agreements
 Impoundment Power
 Pocket Veto
 Executive Privilege
SSCG14 The student will explain the impeachment process and its usage for
elected officials.
•
Explain the impeachment process as defined in the U.S. Constitution.
•
Describe the impeachment proceedings of Andrew Johnson and Bill Clinton.
Why Impeach?
 High Crimes and Misdemeanors
 Malfeasance (an illegal act)
 Misfeasance (an illegal act which could have otherwise
been done legally)
 Standards: acts against state or constitution
 The definition of an impeachable offense is left to the
House
Impeachment
 Presidents can be removed for "high crimes and
misdemeanors"
 House Judiciary Committee investigates to determine
if there has been an offense (A majority vote is needed
in committee to send charges to House)
 Simple majority in full house impeaches the official
 Senate holds trial to determine whether or not to
remove official from office
 Chief Justice of Supreme Court presides and a 2/3 vote
of the Senate is needed
 Andrew Johnson – May 1868
 Violating Tenure of Office Act
(putting in new Secretary of War)
 Saved by a single vote in the Senate,
remained in office
 Bill Clinton – December 1998
 Perjury - Votes 55 to 45
 Obstruction of Justice 50-50
 Acquitted and remained in office
Presidential Appointments: Why choose?
 Reward for political help
 Claims of inclusiveness
 Fence mending
 Ideology or philosophy
 Comfort level
 Ability and notoriety
 gets legitimacy for your policy
 Coalition building w/interest groups
 Administration of presidential policy goals
Supreme Court Appointments
 Appointments have become increasingly bitter fights
over judicial temperament and philosophy
 Major issues include
 Abortion/choice/privacy
 Affirmative action
 Separation of church and state
 States rights
 Judicial activism/restraint
Appointments to the court are…..
 Reward for political help
 Statements of policy priorities
 Promotion of philosophy and ideology
 Relation builders with Congress
 Legacy creators
The
current
court
 Conservatives
 Roberts, Kennedy, Thomas, Scalia, Alito
 Liberals -Breyer, Ginsburg, Sotomayor, Kagan
Presidential Firsts
 Father and Son
 John Adams and John
Quincy Adams
 George H.W. Bush and
George W. Bush
Presidential Firsts
 Youngest
 Elected – John F. Kennedy
(43)
 Served – Theodore
Roosevelt (42)
 Oldest
 Ronald Reagan (age 69 &
73)
Presidential Firsts
 Shortest/Longest Terms
 William H. Harrison
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(1840; 1 month)
 Franklin Roosevelt
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(1933-1944; 4 terms)
Presidential Firsts
 Assassinated in Office
 Abraham Lincoln 1865
 James Garfield 1882
 William McKinley 1901
 John F. Kennedy 1963
The American President
“I do solemnly swear, 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”
SSCG15 The student will explain the functions of the departments and agencies of
the federal bureaucracy.
Compare and contrast the organization and responsibilities of independent regulatory
agencies, government corporations, and executive agencies.
Explain the functions of the Cabinet.
What is the Administration?
The Administration is the White House staff, Executive
Departments, and Independent Agencies that assist
the President in carrying out his duties of enforcing
the law.
What is the Administration?
The White House Staff
Handles the day-to-day activities of
the President through the White
House Office
The Chief of Staff heads this office
The office coordinates the
President’s schedule, writes his
speeches, and conducts the business
of the President, etc.
Includes the White House Counsel,
Political Affairs Office, Presidential
Advance team
Denis McDonough,
Chief of Staff for Obama
What is the Administration?
The Executive Office of the President
Provides the President with expert
analysts…
The National Security Council
provides military advice
The Council of Economic
Advisors provides economic
advice
Office of Management and
Budget provides budgetary
advice and writes the
President’s budget for the whole
government
What is the Administration?
The Executive Office of the President
Other offices include:
Council on Environmental Quality
Domestic Policy Council
National Economic Council
Office of Administration
Office of Faith-Based and
Community Initiatives
Office of Homeland Security
Office of National AIDS Policy
Office of National Drug Control
Policy
Office of Science &
Technology Policy
Office of the United States
Trade Representative
President's Critical
Infrastructure Protection
Board
President's Foreign
Intelligence Advisory Board
USA Freedom Corps
White House Military Office
What is the Administration?
The Executive Office of the President
All in all, the EOP employs
over 2,000 staffers that work
for the President alone.
Some of the senior level
advisors have offices in the
West Wing.
Most, however, are housed in
the Old Executive Office
Building, next to the White
House.
Executive Departments & Agencies
The Executive Departments
implement the policies of the
President and enforce the laws
There are a total of 15 Executive
Departments
The heads of the Departments are
called Secretaries, except for the
Justice Department which is headed
by the Attorney General
The heads are known as the
President’s Cabinet
The Bureaucracy is made up of
non-elected officials that work for
the government in these departments
Department
of Homeland
Security
President Obama’s Cabinet (July 2012)
Regulatory Agencies
Regulates a sector of the economy or government
Regulations protect the public
EXAMPLES:
FRB (Federal Reserve Board - banks)
FCC (Federal Communications Commission broadcast media)
OSHA (Occupational Safety & Health
Administrations - workplace)
FDA (Food & Drug Administration - food producers
& pharmaceuticals)
Government Corporations
Provide goods or services that could be offered by a private
company
Typically provide the services at a cheaper rate than a
private corporation could
EXAMPLES:
Tennessee Valley Authority (power/electricity)
Postal Service (mail services)
Amtrak (railroad transportation)
AP Government
Bureaucracy
 Large, complex organization of appointed, not
elected, officials
 The bureaucracy was set up to accomplish policy
goals
 People are hired because of skills that they have to
implement policy goals.
Max Weber
 Defined the prototype bureaucracy
 Characteristics:
 Hierarchical authority structure – bottom up
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leadership
Task specialization – experts in field
Rules – similar procedures for similar situations
Merit principles – entrance and promotion based on
ability
Impersonality – treat clients impartially
Bureaucracy: The Big Joke
 RED TAPE
 Parkinson’s Law – work and personnel will expand to
consume available resources
 Peter Principle – personnel are promoted to their
highest level of incompetence
Did you know?
 The bureaucracy began in 1789 with the creation of the
Dept. of State
 Most federal employees work for only a few agencies
 About 55% work for the Department of Defense and
Postal Service
 Only about 10% work in D.C.
 2.8 million civilian employees
Characteristics of American
Federal Bureaucracy
 Divided Supervision
 Congress creates, organizes and disbands all agencies
 Political authority is shared between Congress &
executive branch
 Public Scrutiny
 About ½ cases in federal court involve gov’t
 Regulation (not public ownership)
 Gov’t regulates privately owned businesses instead of
owning the businesses as a gov’t
Civil Service
 Originally a patronage (spoils) system
 Changed as a result of the actions of a disappointed
office seeker who shot and killed Garfield in 1881
because he wouldn’t give him a job
Civil Service
 Pendleton Act in 1883 promotes hiring based on merit
and nonpartisan government service
 Now use entrance exams for job placement and
promotions
Civil Service
 Hatch Act of 1939 prevents workers from active
participation in partisan politics
 Can’t: run for office, be involved in campaigns, make
political speeches, disseminate political info
 Can: vote, make campaign contributions, join parties,
participate in non-partisan campaigns
Civil Service
 Hatch Act amended in 1993
 Civil servants can engage in political
activities as long as
 they are off duty
 do not run for office
 don’t work in sensitive government
areas
Appointments
 Appointments are often characterized by
transience – few more than 2 years
 When a new administration takes office, Congress
publishes the plum book which lists the top
federal jobs available for appointment. About 400
top positions.
 President then searches based on talent, political
skills, policy expertise, demographic balance and
campaign support.
Four Types of
Bureaucratic Agencies
 Cabinet
 Regulatory Agencies
 Government Corporations
 Independent Agencies
Cabinet
 15 departments
 Secretary is the head of department
 Chosen by president and approved by Senate
 Each has their own policy areas and budgets
 Can be fired at president’s will
 Secretary, Undersecretary, bureaus, agency commissions
Regulatory Agencies
 Regulates a sector of the economy to protect the
public interest
 QUASI – LEGISLATIVE because it makes rules
 QUASI – JUDICIAL because it settles claims
 FRB, FCC, FTC, OSHA, FDA, SEC
Regulatory Agencies
 Governed by a small commission
 members are appointed by the president
 confirmed by the Senate
 staggered terms
 fixed terms that extend past President’s term
 neither party may have a majority on a board or
commission
Government Corporations
 Provide services for a fee that could be handled by
the private sector and generally charge cheaper
rates
 TVA, Postal Service, Amtrak, Public Broadcasting
Corporation
Independent Agencies
 Exist outside the structure of the Cabinet
departments and perform services for the government
and the public that are often too costly for the private
sector
 Appointed by President and serve at his will
 NASA, NSF (National Science Foundation), GSA
(General Services Administration), FEC (Federal
Election Commission), Civil Rights Commission
What role do
bureaucrats play?
 Communicate with each other
 Maintain paper for accountability
 Interpret the law
 Implement the objectives of the organization
Bureaucracy as Implementors
Implementation is the
policymaking stage between the
establishment of a policy and the
consequences of the policy.
Implementation
 Includes three elements:
 Creation of a new agency or assignment of responsibility
to an old one
 Translation of policy into operational rules
 Coordination of resources and personnel to achieve the
intended goals
Regulation through
bureaucracy
 Regulation is the use of governmental authority to
control or change some practice in the private
sector.
 Agencies must apply and enforce rules and
guidelines
 Can be done either in court or by administrative
procedures which use either inspectors, complaints, or
licensing to monitor behavior.
Regulation
 All regulation contains:
 A grant of power from Congress
 A set of rules and guidelines
 Some means of enforcing compliance
Executive Control
on the Bureaucracy
 President tries to control by:
 Appointing the right people to head
 Tinkering with agency budget
 Issuing executive orders
 Reorganizing an agency w/Congress
Congressional Control
over the Bureaucracy
 Congress tries to control by:
 Influencing the appointment of dept head (Senate
confirmation)
 Tinkering with budget
 Holding oversight hearings
 Rewriting more detailed legislation
 Establishing new agencies or departments