AP Gov Chapter 13

Who can become President?

Natural born citizen of the United States, at least 35 years old, and a resident of the US for at least 14 years.

What is the average age for inauguration?

The average age for inauguration is approximately 55 years old, reflecting the typical career and life experiences of presidential candidates.

How are candidates nominated?

Candidates are nominated through a combination of primary elections, caucuses, and party conventions, where delegates select a party's official nominee for the presidency.

Electoral college

The Electoral College is a body of representatives established by the Constitution to formally elect the President and Vice President of the United States, where each state has a number of electors based on its congressional representation. Tennessee has 11.

Is it possible to become President without having the plurality of the popular vote?

Yes, a candidate can win the presidency without receiving the majority of the popular vote, as the Electoral College determines the outcome of the election based on electoral votes. No President has won majority of votes from the entire voting age population.

What happens when the electoral college fails to give any candidate the majority?

When the Electoral College fails to yield a majority, the responsibility for selecting the President falls to the House of Representatives, where each state delegation casts one vote to determine the winner from the top three candidates. Only twice has this happened, 1800 and 1824.

When was it clarified that the president and vice president be chosen separately?

In 1804, the 12th Amendment clarified this.

Chief of State

He participates in symbolic activities such as decorating war heroes, throwing the first ball to open baseball season, representing the nation in times of mourning, etc

Chief Executive

The president is constitutionally bound to enforce the acts of congress, the judgement of federal courts, and treaties signed by the United States. To assist with these tasks the President has the federal bureaucracy which currently consists of 2.8 million employees.

Does the president run the executive bureaucracy?

Only nominally positions are filled civil service employees.

Do most of the 2.8 million employees owe political allegiance to the government?

No they more likely to owe loyalty to Congressional committees and interest groups that support them.

What are the 10 agencies whose directors the president can remove at any time?

The Arms Control and Disarmament Agency, The Commission on Civil Rights, The Environmental Protection Agency, The General Services Administration, The Postal Service, The Small Business Administration, All heads of cabinet departments, All people in executive office, All political appointees.

Section Two of Article Two of the Constitution

Gives the President the power to grant reprieves and pardons for offenses except for impeachment. All pardons are administered by the pardon attorney in the department of justice. The 1925 Supreme Court case concerning the pardon ruled that the president can pardon without regulation from Congress.

Commander in Chief

Over the army and Navy because the armed forces are under civilian control. Only the President has the power to order the use of nuclear force. He can send the armed forces into other countries without a declaration of war. In 1973 however Congress bypassed Nixon’s veto and passed the War Powers Resolution requiring the president consult with Congress when sending forces into action. The president must report to Congress within 48 hrs and congress must approve the use of troops within 60 days or they must be withdrawn.

Chief Diplomat

The power to recognize foreign governments, make treaties (with advice and consent), and make special agreements with other heads of state that do not require congressional approval. He can nominate ambassadors, dominate American Foreign Policy, recognizing the legitimacy of a foreign countries government.

Executive Agreements

Do not require senate approval (Congress can refuse to give funds though), they are not binding when next president comes into office, many executive agreements call for secret military assistance or other support.

Chief Legislator

They recommend to Congress legislation that they judge necessary. They give the State of the Union Address required by Article 2 Section 3 creates congressional agenda. The impact on public opinion determines how congress responds.

The president can propose legislation

Congress is not required to pass any bills by the president.

Congress can override a veto

With a 2/3 vote in both houses

How do you determine a presidents strength?

If they are a good chief Legislator.

Constitutional powers

Their basis lies in the Constitution

Statutory powers

Congress has established these powers by law. Constitutional and statutory powers are Expressed powers.

Inherent Powers

These depend on the “the executive power shall be vested in a president” an example of these are the emergency powers of the president in wartime.

The President as Chief of Party

They choose the national committee chairperson and can try to discipline members who fail to support presidential policies. He may make it known that a congresspersons choices will not be listened too if they do not support the presidents legislative program. He can reward loyal supporters in Congress with funding, tax breaks for regional industries, and other forms of pork.

Patronage

Is one way of exerting power over the party because it is where they can appoint individuals to government or public jobs.

The Presidents ability to raise funds

The president is able to raise funds for his political party through appearances at dinners, speaking engagements, and other social occasions. He may agree to campaign for a particular program or candidate.

Constituencies and Public approval

The president is beholden to their parties voters because they put them in office. The constituencies also include the opposing party because the president needs their cooperation. The presidential preoccupation with public opinion changes the balance of national politics.

Washington Community

Individuals who are intimately familiar with the inner workings of government, thrive, gossip, and measure on a daily basis the political power of the president.

Going Public

Is where the president goes over the heads of Congress and take their cases directly to the people manipulating the public opinion. Trump does this with his social media to covey his political priorities and views with the people.

Emergency Powers

An inherent power exercised by the president during a period of national crisis particularly in foreign affairs. The Supreme Court has ruled that an emergency does not create power.

Executive Orders

A rule or regulation issued by the president that has the effect of a law. It can enforce legislative statutes, enforce the constitution or treaties with foreign nations, establish or modify rules and practices of executive administrative agencies.

Administrative Procedure Act of 1946

All executive orders must be published in the federal register ( a daily publication of the U.S. government )

What are some of the things some executive orders have done?

Establish procedures for appointing non-career administrators, implement national affirmative action regulations, to restructure the white house bureaucracy, to ration consumer foods and to administer wage and price controls under emergency conditions, to classify government information as secret, and to regulate the export of restricted items.

Executive Privlege

Inherent executive power that concerns the ability of the president and the presidents executive officials to refuse to appear before, or withhold information from, congress or the courts. It relies on the separation of powers as its basis.

Cons of executive privilege

It can be used to shield from public scrutiny the actions of the executive branch.

United States v. Nixon (1974)

The Supreme Court unanimously ruled that Nixon could not claim executive privilege in handing over the tapes. The Court held that executive privilege could not be used to prevent evidence from being heard in criminal proceedings.

Impoundment of funds

By law the president proposes a budget, and Congress approves it. but their is no provision in the Constitution that requires the President, as Chief Executive, to spend all of the funds appropriated by Congress, and many presidents prior to the 1970’s did not do so.

Nixon and the impoundment of funds

He vetoed appropriations bills, Congress often overrode his veto. In retaliation, Nixon refused to spend the appropriated funds, claiming he wanted to reduce overall federal spending. In 1975 SCOTUS ruled that the president had to spend money appropriated by Congress because if his constitutional obligation to “take care that the laws be faithfully executed”

Impeachment

Articles 1 and 2 authorize Congress to remove the president and vice president or other civil officers of the US for crimes of “treason, bribery, or other high crimes and misdemeanors.” The process begins in the house which impeaches (accuses) the federal officer involved. If the house votes to impeach it draws up articles of impeachment and submits it to the senate which conducts the trial if the president is impeached the Supreme Court Chief justice hears the case.

Impeachment of presidents

No president has been impeached and also convicted. Andrew Jackson was impeached by the house but not convicted by the senate. Nixon was going to be impeached but then he resigned. Clinton was impeached but not convicted. Trump was impeached twice during his first term both times he was acquitted on all accounts by the Senate.