THE PRESIDENCY Unit Four Chapters 13 14 15

THE PRESIDENCY Unit Four Chapters 13, 14, 15, 16, & 17

The Roots of the Office of President of the United States • Distrust of the King • Articles of Confederation & Executive Branch? • Articles failed? – What could an Executive Branch have done? • Solutions: – New gov’t needs executive power invested in one person – a President.

The President’s Roles Chief of State – The President is chief of state. This means he is the ceremonial head of the government of the United States, the symbol of all the people of the nation. Chief Executive – The Constitution vests the President with the executive power of the United States, making him or her the nation’s chief executive. Chief Administrator – The President is the chief administrator, or director, of the United States government. Chief Diplomat – As the nation’s chief diplomat, the President is the main architect of American foreign policy and chief spokesperson to the rest of the world.

The President’s Roles Commander in Chief – The Constitution makes the President the commander in chief, giving him or her complete control of the nation’s armed forces. Chief Legislator – The President is the chief legislator, the main architect of the nation’s public policies. Chief of Party – The President acts as the chief of party, the acknowledged leader of the political party that controls the executive branch. Chief Citizen – The President is expected to be “the representative of all the people. ”

Presidential Qualifications Constitutional Requirements (Article II, Section 1): ●The president must be: 1. A natural-born citizen of the U. S. 2. 35 years old 3. A resident of the U. S. for at least 14 years before taking office. ●The same applies to the vice president.

Presidential Qualifications Informal Qualifications: ●Government Experience ●Money ●Political Beliefs ●Personal Characteristics

Terms of Office – Controversial! • 4, 7, and 11 year terms were suggested at the Convention – Also suggested: a limit of one or two terms. • The 22 nd Amendment now limits presidents to two four-year terms or a total of 10 years in office. – Truman, Eisenhower, and Reagan were against this. – Lyndon Johnson and Jimmy Carter favor a single six year term.

Pay and Benefits • President – Receive about $450, 000 per year. • $400, 000/year, and $50, 000 for expenses – Also get fringe benefits: • Use of White House, Camp David, cars, airplanes, yacht – Congress fixes this amount. • Ex-President – They all receive a lifetime pension of $148, 400. • And up to $96, 000/year for office help • Presidential Widows – They are entitled to a pension of $20, 000/year.

Succession • As of today, 8 vacancies for the President have occurred: – 7 presidents have died, plus Nixon on resignation. • If the President is unable to perform his duties the vice president then becomes responsible for the office. • Congress passed the 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 • The 25 th Amendment (1967) lays out succession and allows the president to appoint a new VP if the post is vacant.

Who takes over? • 1 – Vice President, Joe Biden • 2 – Speaker of the House, John Boehner • 3 – President Pro-Tempore of the Senate, Patrick J. Leahy • 4 – Secretary of State, John Kerry • 5 – Secretary of Treasury, Jack Lew

Presidential Succession 1. The Vice President 2. Speaker of the House 3. President pro tempore of the Senate 4. Secretary of State 5. Secretary of the Treasury 6. Secretary of Defense 7. Attorney General 8. Secretary of the Interior 9. Secretary of Agriculture 10. Secretary of Commerce 11. Secretary of Labor 12. Secretary of HHS 13. Secretary of HUD 14. Secretary of Transportation 15. Secretary of Energy 16. Secretary of Education 17. Secretary of Veterans Affairs 18. Secretary of Homeland Security

The Vice Presidency • The Constitution only gives the Vice President two duties besides becoming President if the President is removed from office: 1) to preside over the Senate, and 2) to help decide the question of presidential disability. • If the office of Vice President becomes vacant, the President nominates a new Vice President subject to the approval of Congress. • Today, the Vice President often performs diplomatic and political chores for the President.

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 (VP to FDR) • The office has little power & VPs have low profiles. • A vice president is chosen for a number of reasons: – Unite the party at convention, achieve social/cultural balance on the ticket, and they overcome candidate’s shortcomings.

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… – 1. ) The President tells Congress in writing that he can’t do his job. – 2. ) 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.

Removal of a President • Are impeachment and removal the same? – What is step one, what is step two? • The House conducts the investigation and drafts Articles House of Impeachment for 'treason, bribery, or high crimes and misdemeanors. ' • The Senate tries the case with the Chief Justice of the Senate Supreme Court presiding. – If 2/3 rds of the Senate votes for the Articles, the president is removed from office. • Only two presidents have been impeached: – Andrew Johnson and William Jefferson Clinton. – Neither were removed from office…what about Nixon?

Presidential Selection: Electoral College • The Electoral College – Created as an alternative to popular election or congressional election of the President. – The electors 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. – George was right again!!!!!

Then Political Parties Came • The Election of 1800 – Parties arose during the administration of Washington and Adams • Both parties put up their own candidate & electors for 1800. • Led to a tie b/t Jefferson and Burr, House chose TJ • 12 th amendment – Made the Electoral College specify who they wanted for President and who they wanted for V. P.

Electoral College Today Voters do not vote directly for the President. Instead, they vote for electors in the electoral college • All States, except two (Maine and Nebraska), selectors based on the winner of the popular vote in that State. • They meet at a time set by law to elect the President. • On January 6, the electoral votes cast are counted by the president of the Senate, and the President and Vice President are formally elected. • If no candidate wins a majority of electoral votes (270), the election is thrown into the House of Representatives.

But there are problems… 1. Electoral votes are not distributed in exact proportion to the population – The winner of the popular vote may not win the electoral vote This happened four times in U. S. history (1824, 1876, 1888, and 2000). 2000 2. Electors aren’t bound by the Constitution to vote for the candidate favored by the people of the State. 3. If no candidate gains a majority in the electoral college, the election is thrown into the House, a situation that has happened twice (1800 and 1824). In this process, each State is given one vote, meaning that States with smaller populations wield the same power as those with larger populations.

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. • National Bonus Plan – winner of popular vote would receive a bonus of 102 electoral college votes

An early (& incorrect) projection of the 2004 election: What are the 6 “most important” states?

Nominating the President Today • The 2 major parties have nominated their pres. candidates at National Conventions since 1832. – Anti-masons • Delegates from each state’s party organizations chose a ticket for the upcoming election. – Delegates are usually chosen at the Presidential primaries, or at state/district conventions.

At the Conventions… • There is no legal control over conventions. • These are grand events that are held to… – Adopt the party platform – Nominate its Presidential and Vice-Presidential candidates – Unify the party behind that ticket for the upcoming campaign • The nomination is the high point of conventions. – These usually go to white, Protestant, males who have been governors or senators

Presidential Primaries • 42 States have Presidential Primaries • These are the delegate-selection processes and/or elections in which voters can express their preference for Presidential candidates. • These make office-seekers test their candidacies before the public. • Parties out of power, usually have a hard-fought primary. • If a state doesn’t have a primary, they choose Convention delegates through state/local conventions.

Chief Legislator • FDR – brief narrative • FDR claimed the leadership and agenda setting power for the president and got it. • FDR shifted the president's powers from that of simply executing policy to making it. • However, presidents have a hard time getting Congress to pass their programs especially during periods of divided government.

Legislative Power Chief-of-State Pardoning Power Treaty-making Power Chief Diplomat Commander -in-Chief Executive Veto Power Appointment Power

The Constitutional Powers of the President Article II is short and details powers for the President. • But the first line of Article II is the most important grant of power to the President: • It states "the executive power shall be vested in a President of the United States of America. " – This is the Executive Power Clause – Where all the President’s implied powers come from

What exactly are the Presidential Powers?

The President’s Executive Powers • Executing the Law – As chief executive, the President must execute (enforce, administer, carry out) all laws. • They can interpret them and decide how strictly they will be enforced. – The oath of office instructs the President to carry out the laws of the land. – The other provision is the Constitution’s command that “he shall take care that the laws be faithfully executed. ”

The President’s Executive Powers • The Ordinance Power – They have the authority to issue executive orders (law). • An 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: the Constitution and acts of Congress. 1. Although not specifically mentioned in the Constitution, the ordinance power is clearly intended. 2. The size of government has caused Congress to delegate more and more discretion to the President and presidential subordinates.

The President’s Executive Powers • The Appointing Power – The President can appoint few with their own authority. – Most important offices must be approved by Senate. (1) ambassadors and other diplomats; (2) Cabinet members and their top aides; (3) the heads of such independent agencies as the EPA and NASA; (4) all federal judges, attorneys, and U. S. marshals; (5) all officers in the armed forces.

The President’s Executive Powers • The Removal Power – There are disputes regarding the President’s power to remove those he appointed with Senate’s consent. • He cannot do this with federal judges.

The President’s Executive Powers • Executive Privilege – At times the nations chief executives have insisted that the constitution gives the President the inherent power to refuse to disclose certain information to Congress or to the federal courts. That is, they have claimed the power of Executive Privilege.

The President’s Diplomatic Powers • The Power to Make Treaties - a formal agreement between two or more sovereign states – President can make treaties, thru the Secretary of State – Senate must approve the treaty by a 2/3 vote • Executive Agreements – How many international agreements are made today, pacts between the Pres and foreign leaders. – Don’t require Senate approval • The Power of Recognition – Can recognize/acknowledge, countries’ legal existence – The President may show American displeasure with the conduct of another country by asking for the recall of that nation’s ambassador. The person recalled is declared to be persona non grata – an unwelcome person.

The President & Military Affairs • He shares war powers with Congress, with no limit on their role as commander and chief. • He can’t declare war, but has often used the military without a formal declaration of war. – Korea , Vietnam, Desert Storm, Iraq, and Afghanistan • The President can use the armed forces to keep peace in times of domestic turmoil.

War Powers Resolution • A statute that provides that the President can commit American military forces to combat only 1. If Congress has declared war, 2. If Congress has authorized that action, or 3. When an attack on the nation or its armed forces has occurred. • If troops are ordered into combat in the 3 rd circumstance, the President must report it to Congress within 48 hours. Any such commitment of forces must end within 60 days, unless Congress agrees to a longer involvement.

The President’s Legislative Powers • • • Gives the State of the Union Suggests annual budgets Recommends special legislation to Congress Can veto legislation Can call special sessions of Congress – Doesn’t really need to anymore… • Can adjourn Congress if the two houses cannot agree on a date for adjournment

The President’s Judicial Powers • He can: – Grant reprieves (postponment of the execution of a sentence) and pardons (legal forgiveness of a law)in cases involving federal law. – Commutation - Reduce length of sentences, or fines, imposed by a court. – Grant amnesty, or a general pardon, to persons (a group)who have violated the law.

The Modern Presidency • In the 20 th century, the presidency has become ever more powerful. • The modern Presidency begins with FDR who was elected to four terms during two huge national crises: – The Great Depression – WWII. • FDR also personalized the presidency with his use of radio 'fireside chats' directly with Americans. • 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 Federal Bureaucracy • A bureaucracy is… – Is a large, complex adminsitrative structure that handles the everyday business of an organization. – Based on principles of hierarchical authority(structure), job specialization(defined duties), and formalized rules(regulations). – A way of organizing people to do work. • Almost all bureaucracy is in Executive Branch. • Made up of 3 major groups of admin agencies. – Executive Office of the President – The 15 Cabinet Departments – Independent Agencies

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 (EOP) – White House Staff

The Cabinet • The Cabinet is not mentioned in the Constitution and is formulated by each president as he/she sees fit. • The Cabinet consists of the heads of the major bureaucratic departments (State, Defense, Educ, etc. ). – 15 of them! • The President appoints these members who must be confirmed by Senate. – Most have been white males. • Cabinet members serve as advisors to the President. • Congress exercises some control over the bureaucracy -- through advice and consent and budget controls.

The President’s Cabinet (1789) (1979) (1789) (1903) (1889) (1849) (1965) (1789) (1977) (1870) (1913) (1979) (1966) (1989) (2001)

More Bureaucracy: Independent Agencies • These operate outside departments in Cabinet. • Four reasons why, some are independent because: 1. Their functions don’t fit with any existing depts. 2. To protect their officials from political pressures. 3. To make them more responsive to interest-group pressures. 4. The peculiar and sensitive nature of their functions • Examples: – Central Intelligence Agency, Environmental Protection Agency, Farm Credit Administration – Three kinds: independent executive agencies, independent regulatory commissions, and government corporations.

Development of the Civil Service The civil service is that group of public employees who perform the administrative work of government, excluding the armed forces. The Office of Personnel Management is the central clearinghouse in the federal recruiting, examining, and hiring process. The Merit Systems Protection Board enforces the merit principle in the federal bureaucracy. Congress sets the pay and other job conditions for everyone who works for the Federal Government, except for postal employees.

Different Kinds… • Independent Executive Agencies – Most Indep. Agencies fall into this category. – Have a single administrator over subunits that operate on a regional basis. • Independent Regulatory Commissions – Are created to regulate important aspects of the nation’s economy. – Need Senate confirmation. • Government Corporations – Are within executive dept, under Pres’ control. – Need Senate confirmation.

The Executive Office of the President (EOP) • The EOP was established by FDR and is a very important inner circle of advisors to the president. • The EOP is staffed by persons responsible to the president alone. • The EOP includes such important offices as the Chief of Staff, Press Secretary, National Security Council, the Council of Economic Advisors, and the Office of Management and Budget.

The West Wing of the White House The President’s closest advisors work in the West Wing of the White House, near the oval office.

White House Staff • The people most directly responsible to the President. – Personal assistants, senior aides, administrative personnel and more. • No Senate confirmation. • Their power comes solely from their personal relationship with the president. • Height of 583 members in 1972. – Now it is smaller running around 400 people.

Continuity and Change • Too big or too small? – Some argue that the Presidency is too large of a job for one person. Too much power and responsibility…and too small of a paycheck. – Some say, look at all the power other government officials have, and they do just fine. The President is paid plenty, thank you very much! • It is quite a job, among other roles they are: – A symbol of the country – Ceremonial leader – The nation’s chief executive

Office of Management and Budget (OMB) • The OMB’s major task is the preparation of the federal budget, which the President must submit to Congress. Council of Economic Advisers • The Council of Economic Advisers consists of three of the country’s leading economists, and acts as the President’s major source of information and advice on the nation’s economy.

The Power To Tax Article I, Section 8, Clause 1 of the Constitution grants Congress the power to tax. The Sixteenth Amendment gives Congress the power to levy an income tax. Limits on the Power to Tax The power to tax is also limited through the Constitution. According to the Constitution: 1. Taxes must be used for public purposes only. 2. Federal taxes must be the same in every State. 3. The government may not tax exports.

The income tax is the largest source of federal revenue today. The tax is also a progressive tax, that is, the higher the income and the ability to pay, the higher the tax rate. Individual Income Tax Individual income taxes regularly provide the largest source of federal revenue. The tax is levied on each person’s taxable income. Corporation Income Tax Each corporation must pay a tax on its net income, that is, on the earnings above the costs of doing business.

Social Insurance Taxes There are three main types of social insurance taxes levied: OASDI • The Old-Age, Survivors, and Disability program is the basic Social Security program. Medicare • Medicare is health insurance for the elderly and part of the Social Security program. Unemployment Compensation • The unemployment compensation program pays benefits to jobless workers and is also part of the overall Social Security program.

Other Types of Taxes Excise Taxes • An excise tax is a tax laid on the manufacture, sale, or consumption of goods and/or the performance of services. Custom Duties • A custom duty is a tax laid on goods brought into the U. S. from abroad. Estate and Gift Taxes • An estate tax is a levy imposed on the assets (estate) of one who dies. A gift tax is one imposed on the making of a gift by a living person.

The Federal Government’s Income

Taxing for Nonrevenue Purposes Besides taxing for revenue purposes, the Federal Government sometimes taxes for the purpose of regulating and even discouraging some activity that Congress thinks is harmful or dangerous to the public. The Supreme Court has upheld Congress’s taxing for nonrevenue purposes. However, the Supreme Court can still rule a tax unlawful if it finds that the tax was imposed for improper reasons.

Nontax Revenues and Borrowing Nontax Revenues • Nontax revenues come from a variety of sources, including canal tolls; fees for passports, copyrights, and patents; interest earned; and selling philatelic stamps. Borrowing • Congress has the power “[t]o borrow Money on the credit of the United States. ” (Article I, Section 8, Clause 2). • A deficit is the shortfall between income and spending. • A surplus is more income than spending. • Congress must authorize all federal borrowing.

The Public Debt The public debt is the government’s total outstanding indebtedness. It includes all of the money borrowed and not yet repaid, plus the accrued, or accumulated, interest.

Causes and Effects of the Public Debt Causes: Deficit financing Failure to repay the debt over time Interest accruing on the existing debt Effects: Increased revenue needed to pay off the debt Fears of financial obligations for tomorrow’s taxpayers

Federal Spending by the Federal Government accounts for billions of dollars and has effects on the economy as a whole. Spending Priorities Entitlements are benefits that federal law says must be paid to all those who meet the eligibility requirements. Entitlements are the largest sector of government spending. • Interest on the public debt has grown to be the second largest category of federal spending. • Outlays for defense spending account for another large section of the federal budget. •

Creating the Federal Budget

The Federal Budget • The budget is responsibility of the President /Congress. – The Pres proposes it and congress approves or not. • The Office of Management and Budget – Each federal Agencies submit estimated budgets. – This office reviews the requests, holds hearings, fits all requests into federal budget that is sent to Congress.

Next Steps for the Budget • President’s budget is referred to Budget Committee in each house. – What kind of committee is this? • 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 1 st…but usually doesn’t happen, so they just pass emergency spending legislation to allow the Gov't to keep going until the Budget is finally accepted.

Things to keep in mind about federal $$$ • 20% of federal spending is controllable. – 80% is uncontrollable. • The most $$$$ is spent on social security. • The second largest amount is spend on interest.

Foreign Affairs and National Security • Domestic Affairs – Events at home • Foreign Affairs – The nation’s relationships with other nations • For the first 150 years, America maintained a foreign policy of isolationism – A purposeful refusal to become generally involved in the affairs of the rest of the world • The Past 70 years, America has maintained a policy of foreign engagement (Internationalism)

Foreign Policy Defined • It is made up of all of the stands and actions that a nation takes in every aspect of its relationships with other countries – Diplomatic, military, commercial, etc. • The President, by both constitutionality and tradition, has been the primary conductor of foreign policy

U. S. Foreign Policy Chain of Command The President Congress Defense Department State Department Foreign Policy Agencies

The President - the president dominates the foreign policy field - chief diplomat and commander in chief - bears major responsibility for the making and conduct of U. S. foreign policy

Congress - has significant power over foreign and military affairs - they have the power to declare war - Senate must confirm all treaties and appointments made by the President

State Department (1781) Headed by the Secretary of State – John Kerry – Ranks first among members of the president’s cabinet Secretary's duties involve: - making and conducting policy - managing the department (25, 000 employees) The Foreign Service – Under international law every nation has the right of legation • the right to send and receive diplomatic representatives • Ambassadors – An official representative of the United States appointed by the president to represent the nation in matters of diplomacy • One Ambassador stationed at the capital of each state the United States recognizes

• Special Diplomats – Ambassadors to UN or NATO, or other international conference • Passports – Certificate issued by a government to its citizens who travel or live abroad • Required now anytime you leave the boundaries of the United States (Even Mexico) • Diplomatic Immunity – Ambassadors are regularly granted diplomatic immunity • They are not subject to the laws of the state to which they are accredited

The Defense Department • Civil Control of the Military – Though the framers of the Constitution knew the importance of a strong defense, they also recognized the dangers of a strong defense • Thus giving great powers over the military by the President and Congress • Both publicly elected persons

• The Secretary of Defense – Has Two Major Responsibilities • The President’s chief aide and advisor in making and carrying out defense policy • Operating Head of the Defense Department – Stationed in the Pentagon • Chief Military Aides – Five members of the Joint Chiefs of Staff serve as the principal military advisors to the President, Department of Defense, and National Security Council

The Military Departments • Three military Departments fall under the Department of Defense – The Department of the Army – The Department of the Navy – The Department of the Air Force

Other Foreign/Defense Policy Agencies In addition to the State and Defense Dept: -Immigration and Naturalization Service -Customs Service - Coast Guard

Other Foreign and Defense Agencies Central Intelligence Agency was created by Congress in 1947 Three major task: 1. coordinate information from all agencies that deal with foreign affairs and national defense 2. analyze all data collected 3. advise the President of that intelligence - CIA also conducts worldwide intelligence operations. (Secret Covert Activities) - Espionage

Department of Homeland Security • Charged with the task of protecting the United States against terrorism NASA • The National Aeronautics and Space Administration is an independent agency created by Congress in 1958 – Work ranges from basic research that focuses on origin, evolution, and structure of the universe to exploration of outer space – Military is greatly used today, including GPS

The Selective Service System • • Draft, also called conscription or compulsory military service Even today, soon after turning 18, males must register with the selective service

United State Information Agency -propaganda unit of the federal government Mission: to promote the image of the US and to sell its policies and our way of life abroad. - radio and television broadcast -VOA (voice of America) - distribute publications, films, academic exchange programs

Foreign Aid • Economic and military aid to other countries – Started as a US policy in the 1940’s after WWII

Security Alliances • Over the last 5 decades, the United States has constructed a network of regional security alliances – Agreements to take collective action to meet aggression in a particular part of the world • NATO • RIO Pact

The United Nations • Formed at the United Nations Conference on International Organization, met in San Francisco in 1945 – Permanent Headquarters are in New York City • The Security Council – Made up of 15 members • 5 , United States, Britain, France, Russia, and China are permanent members • 10 other nonpermanent members are appointed for 2 years by the General Assembly

President Clinton 1992 -2000 1. Bosnia 2. Somalia 3. Haiti 4. Middle East Peace 5. North Korea

The Bush Doctrine - US Foreign Policy (Post 9 -1 -01) - “ The US will make no distinction between the terrorists who committed these acts and those who harbor them” - Invasion of Afghanistan (2001) - Invasion of Iraq (2003) - The Bush Doctrine was a policy of preemption… that is, we will strike if we think an enemy has the capability of striking us.

President Obama • Too early to tell… seems to be more open to working with world leaders and has sent Sec. Of State Clinton, and Kerry overseas to Asia to sure up foreign support…