USH Article 2

What provisions had the Articles of Confederation made for an Executive Branch?

What provisions had the Articles of Confederation made for an Executive Branch?

There was a president but acted as the chairman of congress

Why did the Convention decide to have one person as president instead of setting up a three person executive?

Believed that one person would be more decisive while the 3 people would be slow to act. The executive could be checked by the power of Congress. Wanted effective leadership

What decisions did the Convention make about the President’s term of office and eligibility for re-election? Why did the delegates prefer these decisions to the alternatives they rejected?

4 year terms with no restrictions on re-election
Believed eligibility for re-election would cause the President to have good motives and act well. No restrictions because they believed impeachment could get rid of a bad president. Didn’t want long terms because they didn’t want a hereditary monarchy.

Why did the Convention decide against electing the President on the basis of direct universal suffrage?

Believed that the poeple wouldn’t be aware of the characters of the candidates and would pick someone unworthy of office.

Qualifications for office

35 years old, citizen of 14yrs/citizen at the time of constitution, natural born citizen

Term length and limits

Originally no term limits, 4 year terms

22nd Amendment

10years max, two terms of 4

Who has the power to elect the President?

States

Why electoral college and not universal suffrage?

Filters of democracy, didn’t think the people would choose the right person. People choose electors who choose Presidents.

Why couldn’t Congress act as the filter of democracy?

Separation of Powers

How many electors are there?

538, minimum 3 per state because of senators + representatives. Washington DC has 3.

Qualifications for electors

Not a senator, representative, or in a high ranking government position

How are electors chosen?

In most states, vote for party that you want to win → party gets all electors for that state. Vote for candidate but actually vote for electors. Maine + Nebraska - winner of each district gets 1 elector, winner of state gets 2.

Originally, who were the people on the ballots?

2 people per ballot that weren’t from the same state. Winner is Prez second is VP

Election of 1796

President Adams and Jefferson of different parties

Election of 1800

Tie in electoral college between Jefferson and Burr. Jefferson should’ve won. Hamilton in the house chose Jefferson even though he hated both.

Twelfth Amendment 1804

Separated ballots for Prez and VP

How many electoral votes to win

270

What happens if there is a tie in the electoral college over the president

names of the top 3 go to the house to be chosen

what happens if there is a tie in the electoral college over the vice president

top 3 go to senate

Small state advantage

Each elector in a small state represents a smaller amount of people per elector

large state advantage

you only need 11 states to win the election

Why is the electoral college not likely to be changed?

Constitution needs ¾ of states for amendments → never enough states to approve
States dominated by one party wouldn’t want to give power to other parties

50/50 states that are benefitted by the election season won’t be visited as much because the netgain of like 5/4 electors isn’t worth it

Important election days

“Congress may determine time of choosing” by federal statute

• held on 1st Tuesday after 1st Monday in November every 4 years

• electoral college meets the first Monday after the 2nd Wednesday in December

• Ballots opened January 6th in the House

1841 - Tyler replaces W.H. Harrison

Harrison gave inaugural address and got pneumonia and died

Presidential Succession Act 1947

Established line of succession. Speaker would only be promoted if president and vice president both die. Prez - VP - speaker of the house - president pro tempore - cabinet secretaries: secretary of state, defence, treasury, attorney general

Why did they pass the 25th Amendment

After Kennedy died, people were worried that the whole government could be wiped out. More permanent succession

25th Amendment Section One

Presidential line of succession reiterated

25th Amendment Section Two

Provides a way to replace VP. Prez appoints new VP for approval by House and Senate

25th Amendment Section Three

President writes letter to the Speaker of the House and President Pro Tempore to transfer power to VP temporarily, like if surgery

25th Amendment Section Four

What happens if the Prez can’t write the letter outlined in Section three. VP + Cabinet sign letter to Senate pro temp and speaker of house requesting power transfer to VP. If Prez not in sound mind and body - 2/3 House and Senate will vote and transfer power to VP.

Unelected Administration of 1974

Nixon forced to resign after Watergate scandal. Agnew his VP forced to resign after being charged with bribery and other not so good things. New administration was totally unelected

Who said, “So help me God”

George Washington

The Prez is the Commander and Chief of what

army, navy, militia

Why is the Prez commander and chief

wanted to ensure civilian control

What are the Emergency Powers

President takes abnormal measures in times of crisis.

Who has the most power in a Nuclear War

President

War Powers Act 1973

President can act however they want in emergency, but if they send troops for more than 60 days they need Congress approval

What does the President do as the Cabinet Chief

Run executive departments. President picks the presidents of each department

Why is the United States unique in that the President is the Head of state and diplomacy

most other countries have two positions

What does the President do as the Head of state/diplomacy

Acts as the face of the country, goes to dinners, travels. Can form treaties with approval of 2/3 the senate

What are executive agreements

not as strong as a treaty but still needs congress approval

Who can the President appointment and who approves them?

• Justices - senate approval

• Ambassadors - senate approval

• Cabinet - senate approval

What are Presidential commissions

President can choose military people, officials. Signed commission to give the job and is hand delivered

Reprieve

not take away punishment but takes away penalty

Pardon

legal forgiveness from crime, away from records, can’t pardon impeachment

Commutation

Lessen sentence

Amnesty

pardon a group

What is the State of the Union Address?

Once a year, 3rd week of January, goes to Congress and gives a speech. Talks about what happened the past year and what to do the new year.

Joint Session of Congress

Again, like the State of the Union Address, congress goes to the House chamber. Solemn and formal. Usually called during times of crisis. Other people can talk not just the President

Take Care Clause

President has to enforce the law and has to make executive orders that Cabinets give to carry out the law. Executive orders can be overridden by Congress.

Why did the framers of the Constitution want to both grant and limit executive power?

They were afraid of a monarchy, but didn’t want a weak government like the Confederation.

What are three of the most significant presidential powers

• Veto legislation

• Commander in Chief

• Treaties and foreign policies

What are three of the more significant checks on the President’s power

• Can’t declare war and limits on military spending

• 2/3 house and senate override

• Senate confirms all appointments and treaties

Why did the framers of the Constitution include a provision for impeachment?

Franklin feared a bad president that they couldn’t get rid of

Who can be impeached?

Justices, VP, President. Can’t appeal or overturn impeachment

For what reasons can someone be impeached?

treason, bribery, high crimes and misdemeanors