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The Presidency: Chapter 10 The Presidency: Chapter 10

Article II of the Constitution • The executive power shall be vested in a Article II of the Constitution • The executive power shall be vested in a President of the United States of America – single executive • Limited by separation of powers • 4 year term of office (fixed) – originally no term limits • Washington set tradition of 2 terms • FDR broke tradition with 4 terms – 22 nd Amendment • limits president to two terms or a maximum of 10 years

Qualifications of President and VP • 35 years of age • natural (native) born Qualifications of President and VP • 35 years of age • natural (native) born citizen • resident of the United States for 14 years

General Information • • most common occupation is lawyer average at inauguration is 54 General Information • • most common occupation is lawyer average at inauguration is 54 youngest elected = JFK – 43 years 236 days oldest elected = Ronald Reagan – 69 years

Powers of the President • • take care that laws are faithfully executed commander Powers of the President • • take care that laws are faithfully executed commander in chief appoint / with Senate consent / 2/3 grant reprieves and pardons make treaties / with Senate consent / 2/3 state of the union address call either or both houses into special session receive foreign ambassadors and officials

Getting Elected • Fundraising – public financing • $3 check off on income tax Getting Elected • Fundraising – public financing • $3 check off on income tax form • established to limit the influence of large donors – internet used to raise funds effectively – large amounts raised from small contributors – each major party receives public funding for its national nominating convention – Individuals can donate up to $4, 200 to an individual candidate

 • Primaries and Caucuses – choose nominee for the general election – Iowa • Primaries and Caucuses – choose nominee for the general election – Iowa and New Hampshire important because they are first – help shape public opinion • General Election – popular vote does not guarantee a win for the presidency (1824, 1876, 1888, and 2000)

Electoral College • members called electors (left up to the states to determine how Electoral College • members called electors (left up to the states to determine how to choose them) • 12 th Amendment required electors to submit separate ballots for president and vice president • # each state gets is equal to its combined total of representatives and senators • 23 rd Amendment gives the District of Columbia 3 electoral votes • total electoral vote 538 (H+S+DC) – need 270 to win

 • electors vote in state capitols – Monday after the 2 nd Wednesday • electors vote in state capitols – Monday after the 2 nd Wednesday in December (US Code – Title 3 – Chapter 1) • votes sent to the President of the Senate to be opened in a joint session of Congress (Jan. 6) • if no candidate wins a majority – House chooses the president from the top 3 • DC would not get a vote • happened twice (1800 TJ and 1824 JQA) – Senate chooses the VP from the top 2 • happened once (1837)

25 th Amendment • The only Constitutional duty given the vice president is that 25 th Amendment • The only Constitutional duty given the vice president is that of presiding over the Senate • addresses the question of what should be done if the president becomes incapable of performing the duties of the office • presidential disability -VP becomes “acting president” if … – president informs Congress that he is incapacitated (Reagan – surgery) – VP and a majority of the Cabinet informs congress that the president is incapacitated (did not happen when Reagan was shot)

 • vice president becomes president upon removal, death, or resignation of the president • vice president becomes president upon removal, death, or resignation of the president • William Henry Harrison was the first President to die in office – John Tyler took his place • vacancy in the office of Vice President – president appoints vice president with the approval of both houses of Congress (simple majority vote)

Presidential Succession • 8 vice presidents have become president after the death of a Presidential Succession • 8 vice presidents have become president after the death of a president • William H. Harrison first president to die in office – succeeded by John Tyler • Order of Succession (1947) – President – Vice President – Speaker of the House – President pro tem of the Senate – Cabinet members in order of creation of the department (must meet qualifications for president or will be skipped)

Presidential Power • expressed powers – powers granted to the president by the Constitution Presidential Power • expressed powers – powers granted to the president by the Constitution (mentioned earlier) • delegated powers – powers ceded by Congress to the president • discretionary powers – powers the president assumes, giving him greater authority and flexibility in performing the duties of office – used especially during times of war or national emergency

Roles of the President • Chief Executive – head of the executive branch – Roles of the President • Chief Executive – head of the executive branch – appointment power / with the consent of the Senate – budget • impoundment: refusing to spend funds appropriated by Congress • line-item veto: declared unconstitutional – executive orders • a presidential decree with the force of law, but not requiring legislative approval

 • Commander in Chief – As Commander-in-chief, the president is supreme commander of • Commander in Chief – As Commander-in-chief, the president is supreme commander of the military forces of the United States – only Congress can declare war – 5 times – War Powers Act (1973) • must notify Congress within 48 hours of deploying troops • War on Terror ? • Libya?

 • Chief Diplomat – diplomatic recognition of foreign officials – presidential doctrines • • Chief Diplomat – diplomatic recognition of foreign officials – presidential doctrines • formal statements that outline the goals and purposes of American foreign policy and the actions to take to advance these goals • Example, Bush Doctrine – pre-emptive attacks against potential aggressors – executive agreements • pact between the president and leaders of foreign governments – does not require Senate approval – summit meetings • high-level meetings of world leaders – purpose is to influence world events

 • Chief of State – ceremonial head of government – symbolic leader – • Chief of State – ceremonial head of government – symbolic leader – public visibility • Lawmaker (Chief Legislator) – veto power – can be overridden by 2/3 vote of both houses of Congress – signing statements • statement appended to legislation that offers the president’s interpretation of the act • number is growing (over 700 for Bush)

The Executive Branch (became sizeable after FDR) • Cabinet – head of government departments The Executive Branch (became sizeable after FDR) • Cabinet – head of government departments – appointed by president and approved by 2/3 vote of the Senate – currently 15 in number

Executive Office of the President: EOP (umbrella organization) • White House Office – personal Executive Office of the President: EOP (umbrella organization) • White House Office – personal office of the president – staff does not need to be confirmed by the Senate – headed by Chief of Staff – press secretary • makes public statements for the president • National Security Council (NSC) – advises the president on domestic and foreign matters concerning the safety and defense of the nation

Vice Presidency • few constitutional duties other than acting as president of the Senate Vice Presidency • few constitutional duties other than acting as president of the Senate • votes to break a tie • usually chosen to “balance the ticket”