U.S. Government - Chapters 13 & 14

What are the President’s roles?

• chief of state: ceremonnial head of gov, symbol of all ppl of nation

• chief executive: vested with executive power by Constitution to appoint officials to hihg public office, grant reprieves and pardons, and order special emergency action to maintain domestic order

• chief administrator: director of the gov and ppl who work for the gov

• chief diplomat: main architect of U.S. foreign policy, chief spokesperson to rest of world

• commander-in-chief: have complete control of nation’s armed forces, assisted by Secretary of Defense

• chief legislator: main architect of nation’s public policies (works to initiate legislation through State of Union address and veto power, meets regularly with Congressional leaders)

• chief of party: acknowledged leader of pol party that controls executive branch (party in power), chooses national committee chairman and other officials of party

• chief citizen: expected to be the representative of all the ppl

What are the qualifications for presidency and where are they found?

• Article II, Section I, Clause 5

• natural born citizen

  • Martin van Buren the 1st

• at least 35 yrs old

  • JFK at 43 youngest to be elected, Teddy Roosevelt at 42 youngest to be elected through succession after McKinley’s assassination

• live in U.S. for at least 14 yrs

  • do not have to be consecutive

• informal qualifications like intelligence and character

Describe how the President’s term has changed.

• traditionally, Prez limited to 2 terms in office until tradition was broken by FDR in 1940 and 1944 (4 terms)

• 22nd Amendment in 1951 limited number of times a person can be elected to 2

What are benefits of being the Prez?

• paid $400,000/yr with an expense allowance of $50,000/yr (salary determined and allowance approved by Congress, cannot be changed during a Prez term, salary first set at $25,000/yr)

• live in 132-room mansion

• granted large suite of offices and staff

• granted use of Air Force 1

• other fringe benefits

Describe the process of Prez succession.

• plan by which Prez vacancy in filled

• 25th Amendment in 1967: if Prez removed from office, VP becomes Prez

• Presidential Succession Act of 1947: set order of succession following VP (Speaker of House, prez pro tempore, secretary of state,…)

Who is our current VP, Speaker of the House, prez pro tempore of Senate, Secretary of State, Secretary of Treasury, and Secretary of Defense?

• VP: JD Vance (R), former Senator for Ohio, 40 yrs old

• SotH: Mike Johnson (R), from Louisiana’s 4th district, elected into House of Reps at 27 yrs old, also an attorney, 53 yrs old

• PPToS: Chuck Grassley (R), from Iowa, senator since 1981 (most senior Republican senator and longest serving Republican in congressional history), 91 yrs old

• SoS: Marco Rubio (R), Cuban-American, former Senator for Florida, studied at Uni of Miami, 54 yrs old

• SoT: Scott Bessent (R), studied at Yale, gay, 62 rs old

• SoD: Pete Hegseth (R), studied at Princeton and Harvard, served in Iraq and Afghanistan, 45 yrs old

Describe the process of presidential disability.

• 25th Amendment, sections 3 and 4 outlines procedure if Prez becomes disabled

• VP becomes acting Prez if Prez informs Congress in writing that he is unable to discharge the power and duties of his office or if VP and majority of cabinet inform Congress in writing that Prez is thus incapacitated

Describe the vice presidency.

• Constitution gives VP 2 duties besides becoming Prez: presiding over Senate and helping decide the question of presidential disability (also diplomatic and political chores of Prez)

• if office of VP vacant, Prez nominates a new VP subject to approval of Congress (ex. Ford)

What was the Framers’ original provisions regarding the Prez?

• Prez and VP chosen by special body of presidential electors

• electors cast two electoral votes, each for a different candidate

• candidate with most votes is Prez, while 2nd most is VP

How did presidential selection chage with the rise of parties?

• electoral college (group of ppl (electors) chosen from each state and the District of Columbia) formally selects the Prez and VP

• rise of parties in 1796, Adams a Fed Prez with Jefferson a Dem-Rep VP showed system’s flaws and election of 1800 broke the system

• 2 parties each nominated Prez, VP, and electors > tie between Jefferson and Burr

• 3 new elements in process of selecting a prez:

  • party noms for the presidency and vice presidency

  • nom of candidates for presidential electors pledge to vote for their party’s presidential ticket

  • automatic casting of electoral votes in line with those pledges

• 12th Amendment in 1804 following Election of 1800 separated the presidential and vice presidential elections

What is the role of conventions?

• conventional system mainly built by 2 major pol parties

• party national committees arrange time and place for their party’s national convention

• parties apporition # of delegates each state will have based on electoral votes and other factors

• delegates are selected thru Presidential primaries and the caucus-convention program

What are presidential primaries?

• election where a party’s voters choose some or all delegates to their party’s national convention

• 1st primary was in early 1900s, NH holds 1st primary

• proportional representation: any candidate who wins at least 15% of the votes cast in a primary gets the number of state Democratic convention delegates that corresponds to their share of that primary vote (40 delegates, win 45%, get 18 delegates)

• primaries are vital, force would-be nominees to test their candidacies in actual pol combat

What is the caucus-convention process?

• in states that do not hold presidential primaries, delegates to national conventions are chosen in a system of caucuses and conventions

• voters meet in local caucuses where they choose delegates to a local or district convention

• Iowa caucus is 1 of first every election yr

Describe the national convention.

• pick presidential and vice presidential candidates

• 3 main goals:

  • name party’s candidates for Prez and VP

  • bring various factions and leading personalities in party together in 1 place for a common purpose

  • adopt party’s platform (formal statement of basic principles, stands on major policy matters, and objectives for the campaign and beyond)

• 1st 2 days: keynote address and other speeches, committee reports, platform writing

• last 2 days: nomination of party’s candidate for presidency and vice presidency

• RNC from July 15-18, 2024 in Milwaukee

• DNC from August 19-22, 2024 in Chicago

What presidential and vice presidential candidates are nominated?

• incumbent seeking reelection usually guaranteed

• pol experience (state govs, exeucutive officers on state level, U.S. senators)

• come from key larger states (CA, NY, OH)

• also usually male, protestant, wealthy and healthy, married with family

Describe the Electoral College.

• voters do not directly vote for Prez, but electors

• all states, except Maine and Nebraska, select electors based on winner of popular vote

• electors are chosen on Tues following first Monday in Nov every fourth year

• electors (Senate members + House of Reps members) meet in state capitols on the Mon after the 2nd Wed in Dec and cast votes for Prez/VP as provided for by the Constitution

• on Jan 6, electoral votes are counted by Prez of Senate before a joint session of Congress, and Prez/VP are formally elected

• if no candidate wins majority (270), House of Reps vote > each state delegation has 1 vote and takes a majority of 26 to elect

  • 100 + 435 + 3 = 538 / 2 = 269 = 270 (simple majority)

  • 50 / 2

What are the flaws of the electoral college?

• winner of popular vote may not win presidency; electoral seats do not match population

• nothing in Constitution or federal statutes require electors to vote for candidate favored by popular vote (“faithless elector,” as of 2020 has occurred 165 times: 90 for Prez and 75 for VP)

• if no candidate wins majority, election given to House of Reps, where each state is given 1 vote (twice in 1800 and 1824, majority of 26 requires but probs arise if there is also a strong 3rd party candidate)

What are proposed reforms concerning the electoral college?

• district plan: electors chosen same way as Congress members: 1 congressional district selects 1 electors like House of Reps, and 2 electors selected based on overall pop vote in state like Senate

• proportional plan: receive same share of state’s electoral vote as received by popular vote

• direct popular election: do away with the electoral college, would require amending the Constitution

• national bonus plan: winner of popular vote gets 102 electoral votes added to ones already one, majority of 321 to win election

What are strengths of the electoral college?

known process, defines winner quickly and certainly

Why is the Constitution considered loosely defined when it comes to executive power?

• Constitution says Prez can command armed forces, make treaties, approve or veto acts of Congress, call special sessions, and receive and send diplomatic reps

• yet, reads like an outline and does not truly define the executive power

• Prez’s power has grown over 200 yrs

Why has presidential power grown?

• champions of a stronger presidency have usually prevailed

• nation’s increasingly complex social and economic life has expanded power

• Congress’ passing of laws and expanding role of fed gov has increased powers

• ability to use mass media

What is the presidential view?

• the nature of the presidency depends on how the Prez view office and exercises powers

• 2 views: broad view of inherited powers (ex. TR) or strict view of inherited powers and belief of powers being granted (Taft)

Describe executing the law.

• as chief executive, Prez executes (enforces, administers, carries out) provisions of federal law

• oath of office instructs to carry out laws of the land

• Constitution commands that laws be faithfully executed

What is ordinance power?

• presidential power to issue executive orders, such as a directive, rule, or regulation, with the effect of a law

• arises from 2 sources: Constitution (intended) and acts of Congress

  • size of gov has led to Congress delegating more power to Prez and presidential subordinates

What is appointment power?

• with the Senate’s consent, Prez names most of top-ranking officers of fed gov: ambassadors and other diplomats, cabinet members and top aids, heads of independent agencies (NASA and EPA), all federal judges attorneys and U.S. Marshalls, and all officers in armed forces

What is removal power?

• historical debate at 1st Congress was whether Prez could remove appointees without Senate’s consent

• view that Prez may do so has prevailed over time

• in general, Prez removes all but federal judges

What is the power to make treaties?

• formal agreements between 2 or more sovereign states

• Prez, thru Secretary of State, negotiates international agreements that must pass approval by 2/3 vote by members present in Senate

What are executive agreements?

• pacts between Prez and head of foreign state or a subordinate

• do not require Senate’s consent

What is the power of recognition?

• exercised when Prez, acting for U.S., acknowledges legal existence of another sovereign state (ex. Vietnam)

• Prez may show American displeasure with conduct of another country by asking for recall of nation’s ambassador/diplomatic reps

• official(s) declared persona non grata, unwelcome person

Describe Prez’s powers when it comes to war.

• Constitution makes Prez commander-in-chief of armed forces

• Prez can use armed forces abroad to push an undeclared war (wartime powers > normal times)

• War Powers Resolution of 1973 limits Prez’s war-making powers

What are the Prez’s legislative powers?

• recommending egislation

  • State of Union address

• veto power

  • can be overturned with 2/3 vote in Congress

What is the line item veto measure?

• would allow Prez to reject specific provisions of a bill, while signing rest of bill into law

• passed in 1996, then struck down by Supreme Court in 1998

Where in the Constitution is the rule concerning the fact that only the Prez can call Congress into special session found?

Article II, Section 3

What are the Prez’s judicial powers?

• Constitution gives power to grant reprieves and pardons for offenses against U.S., except in cases of impeachment

• amnesty: pardon given to large group of individuals

• reprieve: postponement of execution of sentence

• pardon: legal forgiveness for a crime

• clemency powers: used only for federal crimes

• commutation: power to reduce a fine or length of sentence imposed by court