The Presidency What are the qualifications required to

The Presidency What are the qualifications required to become President?

The Electoral College • Each state has number of electors equal to its congressional representatives – 23 rd Amendment: DC voting rights • Winner take all system – “Plus two”: Maine and Nebraska • No majority: House of Representatives elects POTUS from top three candidates, Senate selects VP – 12 th Amendment: Separate ballots

Duties • Described in Article II of the Constitution – Make sure laws are Executed – Commander in Chief of the Military – Appoint heads of executive offices, federal judges, and ambassadors – Meet with heads of foreign governments, make treaties, and executive agreements – Political leadership

Term and Salary • Salary determined by congress - $400, 000 a year; $100, 000 for travel • President is elected to serve a 4 year term • Washington precedent – 2 terms • Franklin Roosevelt – Elected to 4 terms (’ 32, ’ 36, ’ 40, ’ 44) • 22 nd Amendment (1951) – two term limit

Qualifications • Constitutional Requirements: – – – Natural born citizen 35 years old Resident of the U. S. for 14 years

Qualifications • Informal Requirements: – Government experience – 4 of last 5 were Governors – Politically Moderate – Access to large amounts of Money – Relatively moderate political beliefs – Charisma and confidence

Roles of the President • Head of State – Symbolic/ceremonial leader • Chief Executive – Enforce laws, make appointments, granting pardons • Commander and Chief – War powers, “protect and defend” • Chief Diplomat – Recognition, Treaties, and executive agreements • Chief Legislator – Proposing agenda and laws, veto power

Presidential Powers • The Founders recognized the need for a strong executive branch – the weaknesses of the Confederation government – hold the Congress in check. • Formal powers – – Constitutional Powers Statutory Power • Informal powers – Inherent powers – Emergency powers – Mandate

Special Uses of Power • Presidents have greatly expanded their powers when U. S. is in emergency – George W. Bush: War on Terrorism • Executive Orders – Enforce statutes, constitution and foreign treaties, direct executive agencies • Executive Privilege – Withholding information and refusal to appear • Signing statements – Issued to instruct agencies on execution of laws or convey questions of constitutionality

Limits on Presidential Power • Congressional limits – overriding a veto – impeaching/removing the president from office • The federal courts – Youngstown Sheet and Tube v. Sawyer (1952) – President Bush and enemy combatants • The federal bureaucracy – blocking programs – failing to carry them out properly • Politics and Public opinion – President Lyndon Johnson’s policies in Vietnam – President Clinton’s proposed national health care program – President Bush’s Social Security and immigration reforms

Checks and Balances Presidential checks • Executive Orders – Enforce statutes, constitution and foreign treaties, direct executive agencies • Executive Privilege – Withholding information/refusal to appear – Clinton v. Jones (1997) • Impoundment – Congressional Budget and Impoundment Control Act of 1974 – Train v. City of NY (1975) • The Veto Process – Line-item veto – Signing statements • The Bully Pulpit – Use of prestige and visibility to guide or enthuse the American public Congressional checks • Impeachment – Roles of the 3 branches – Johnson and Clinton • Veto Override – 2/3 vote • Appropriations – Congress can refuse to fund executive initiatives • War Powers Act (1973) – Congressional notification within 48 hrs, 60 – 90 days for approval – Constitutional? INS v Chadha (1983)

What do these two have in common?

President Andrew Johnson • The Tenure of Office Act – Senate approval for removal of confirmed officials • Edwin Stanton – Johnson demands resignation; appoints new secretary • Johnson Impeached – Senate votes 35 -19 to impeach • 65 percent, 67 percent needed

President Bill Clinton • Whitewater scandal – Independent Counsel Ken Starr • Lewinski Affair – Starr discovers affair with intern – Clinton denies affair under oath • Clinton Impeached – Senate votes 55 - 45 against perjury charge – Senates votes 50 -50 on obstruction of justice charge

Role of the Vice President • Constitutional duties: – President of the Senate – casts tie-breaking vote – Assume presidency upon death or disability of the president • Informal duties: – Member of the National Security Council – Modern VPs have been given role in policy making at Presidents discretion

Succession – Replacing the president • Tyler first VP to become president following death of Harrison in 1841 • 7 other presidents died in office elevating VP to President • 25 th Amendment (1967): formally added succession to the Constitution – Order: VP, Speaker of House, Senate Pres. Pro Temp, Sec. of State – Includes procedures for when the president is disabled

Executive Office of the President • White House Office – Chief of Staff – “Kitchen Cabinet” • Office of Budget and Management • • – clearinghouse for legislative proposals from exec. agencies National Security Council – National Security advisor, VP, Sec. of State, Treasury, Defense, and the Assistant to the President for National Security Affairs. The Chairman of the Joint Chiefs of Staff, Dir. of National Intel Council of Economic Advisors – assists with the development and implementation of economic policy

EOP Org Chart

WHO Org Chart

The Appointment Process • “Executive” Agencies – No confirmation required – Serve at the pleasure of the president • “Independent” Agencies and Judges – Require Senate confirmation “advise and consent” – Recess appointments

The Cabinet • • • The Directors of 15 executive agencies Subject to senate confirmation Primary agencies: State, Treasury, Defense, Justice, Homeland Security • Roles vary – Advise the president – Carry out policy • No statutory requirement to receive advise from cabinet

Executive-Level Department • The Cabinet – 15 executive departments – Headed by Political appointees • Ind. Regulatory agencies – Quasi legislative and judicial – FCC, FTC, FEC, SEC • Ind. Executive agencies – Specific responsibilities, facilitate day to day operations – NASA, CIA. • Government corporations – Created for various purposes – TVA, Post Office.

Bureaucratic Models • Weber’s Model – Hierarchical (power down, responsibility up), specialization, rules, meritocracy (peter’s principle), impersonal – Unity of and chain of command, line and staff control, span of control, decentralization of administration • Acquisitive bureaucracy – Self perpetuating, jockey for continued existence • Monopolistic bureaucracy – No competitive equal in the private sector

Growth of Bureaucracy • No specific Constitutional protocol – creation of executive agencies and commerce power • Industrialism and National economy – interstate economic model • Progressive Era – Technocracy: government workers should be experts • Income tax – raised needed revenue to support a large bureaucracy • Depression and WWII – government intervention to deal with crisis and war mobilization

Staffing the Bureaucracy • Political Appointments – – – Presidential appointments Senate advice and consent Burrowing – planting political allies in agencies in the expectation that they will carry on the administration’s policies • Civil Service – – Spoils System (1828) Pendleton Act (1883) Hatch Act (1939) Civil Service Reform Act (1978)

Policymaking Process and Control • Rulemaking – – – Enabling legislation Administrative legislation Waiting period and challenges • 60 days (appeal/sue) • Negotiated rulemaking • Policymaking – Iron triangles – Issue Networks • Control – Investigatory and purse power – “Police patrol” and “fire alarm”

Five major complaints about the bureaucracy 1. Red tape: complex and sometimes conflicting rules 2. Conflict: agencies work at cross purposes 3. Duplication: two or more agencies seem to do the same thing 4. Imperialism: tendency of agencies to grow, irrespective of programs’ benefits and costs 5. Waste: spending more than is necessary to buy some product or service

Reform • Sunshine Laws – Open meetings and disclosure • Sunset Laws – Requires reauthorization • Privatization – Contracting out, vouchers • Incentives (NPR and PART) – Making agencies more entrepreneurial, “performance-based budgeting” • Whistleblowers – Reveal gross inefficiency or illegal activity “I’m sorry, dear, but you knew I was a bureaucrat when you married me. ”