The President

Chief of State (In Constitution)

Symbolic Leader. They do symbolic things like: A speech on Veterans Day.

Chief Executive (In Constitution)

Enforces the Law. They have to do it-BUT-they get to decide the resources used for it).

Chief Administrator (In Constitution)

Day to Day operations. They do it by appointing people.

1. During can now be a BIG part of this now if President feels like it.

Chief Diplomat (In Constitution)

Forgein Relations (Negotiator with the other Countries).

Commander in Chief (In Constitution)

Head of Military. While Congress can only declare war, there is tension between them because they believe they should be able to.

Chief Legislator (In Constitution)

Responsible for suggesting laws. They canNOT make them though.

Chief of Party (NOT in Constitution)

For them to represent their party they stand for. Like Trump for example, we are not surprised to he represents the Republican party, but if it was reversed we would be surprised.

Chief Citizen (NOT in Constitution)

Started around the Great Depression. There is an expectation for them to look after the average person.

How many roles of President are there?

Eight/8

Formal Qualifications

There are two:

• Qualifications

• Terms and Pay

Qualifications

There are only three things to do to be President

1. At least need to be 35 years or older

2. Born a U.S. Citizen (rule of blood counts)

3. Live here 14 years total

• So basically you need only 1 U.S. Parent and you gotta live here from a young age starting to 14 years (doesn't have to be 14 years continually but 14 in total)

Terms and Pay

2 Terms of 4 years

• Congress can go as long as they want

$400,000 and a $50,000 stippened. Both per year.

Vice President

• Only has 2 jobs according to OG Constitution

1. Head of the Senate - only thing they have to do is vote in case of a tie.

2. Wait for the president to die.

They get $250,000 per year.

Reason for VP Selection

Balance the Ticket

• Based on region (choosing swing States to help)

• Politically on spectrum

• Experience (you have none you choose someone who does and vise versa)

• Age (older → younger, younger → older)

• Religion (can be) religious chooses no religious and vise versa

• Race and Gender (More Recently)

Amendments

12th

22nd

25th

12th Amendment

• Electors vote separately for President and Vice President.

• Prevents ties and confusion in elections.

• Two offices = two votes

22nd Amendment

• A President can serve 2 terms (4 years each).

• Maximum total is 10 years if they finish part of someone else’s term.

• 2 terms, 10-year max

25th Amendment

• Explains what happens if a President dies, resigns, or can’t do the job.

• Key Points:

  • VP becomes President if President dies or resigns

  • President can temporarily give power to VP

  • VP + Cabinet can take power if President is unable

  • New President appoints a new VP

Executive Powers

• Executing the Law

• Executive Orders

Executing the Laws

• President must enforce all laws passed by Congress.

• Congress often writes vague laws.

• President decides how strongly to enforce them and where to put resources.

• Must enforce, but has flexibility.

Executive Orders

• Rules made by the President that have the force of law.

Limits:

• No Congressional approval needed

• Must come from Constitution or Congress

• Can be overturned by courts or future presidents

Administrative Powers

• Appointing Powers

• Removal Powers

Appointing Powers

• President appoints important government officials.

Examples:

• Cabinet members

• Agency heads

• Ambassadors

Important:

• Most need Senate approval.

Removal Powers

• President can fire most people they appoint.

Exceptions:

• Supreme Court Justices

• Independent agencies (ex: FTC)

Can fire most, not all.

Diplomatic Powers

• Treaty-Making Powers

• Executive Agreements

• Persona Non Grata

• Power of Recognition

Treaty-Making Power

• President negotiates treaties with other countries.

Requirement: Needs 2/3 approval of the Senate.

• President makes, Senate approves.

Executive Agreements

• Agreements with other countries that do not need Senate approval.

• Same power as treaties

• Must come from constitutional or congressional authority

Persona Non Grata

• President can declare a foreign diplomat unwelcome.

Result:

• That person must leave the U.S.

Power of Recognition

President decides which countries and governments the U.S. recognizes.

Military Powers

• Undeclared War

• Wartime Powers

Undeclared War

• President can send troops into combat without Congress declaring war.

Why:

• President controls military deployment.

Troops First, Declaration Later

Wartime Powers

• President gains extra authority during war.

Important:

• Public is more accepting during emergencies

• Powers are often temporary

War = More Power

Legislative Powera

• Recommending Legislation

• Regular Veto

• Pocket Veto

• Special Session and Adjournment

Recommending Legislation

• President suggests laws and priorities.

Where:

• State of the Union

• Other speeches

Important:

• Only Congress can write and pass laws.

President suggests, Congress decides

Regular Veto

• President rejects a bill passed by Congress.

Override:

• Congress needs 2/3 vote to override.

Fact:

• Only overridden about 5% of the time.

Pocket Veto

• President ignores a bill when Congress has less than 10 days left.

Result:

• Bill automatically dies.

Special Session and Adjournment

President can:

• Force Congress to meet

• End a session if Congress can’t agree

President controls the meeting schedule

Judicial Powers

• Reprieve

• Pardon

• Commutation

• Amnesty

Reprieve

Temporary delay in punishment.

Pardon

Full legal forgiveness for a crime.

Commutation

Reduces a sentence but does not erase the crime.

Amnesty

Legal forgiveness for a group of people.

Limits on Presidential Power

• Impoundment (1974)

• Executive Privilege

• War Powers Resolution (1973)

Impoundment (1974)

• President cannot refuse to spend money Congress approved.

Exception:

• Needs Congress’s permission.

President can’t block the budget

Executive Privilege

• President can keep some communications secret.

Limits:

• Not allowed in criminal investigations

• Not everyone is covered

War Powers Resolution (1973)

• Limits President’s ability to send troops abroad.

Rules:

1. Notify Congress within 48 hours

2. Can act 60 days without a war declaration

3. Must withdraw troops in 30 more days if no declaration

48 – 60 – 30 rule