Presidency

Path to the Presidency

Formal Qualifications :

  • Must be 35 years of age

  • Natural-born US citizen

  • US Residency -14 years

  • 4-year term

  • Originally no term limit

  • 1951 - 22nd Amend. set 2 term limit

  • F.D. Roosevelt elected 4 times, served 1932-1945

  • If someone takes over for the president and serves for more than two years, that counts as one term.

Line of Succession :

  • Vice President

  • Speaker of the House

  • President Pro Tempore of the Senate

  • Cabinet Secretaries

    • Secretary of State (4th in line)

    • Rest follow in order of when the department were created (Treasury, Defense, AG, etc.)

No one below Vice President has ever been called upon to serve as President.

  • 14 Vice Presidents

    • 8 because of death

    • 1 because of resignation

  • 31 Prior military service

  • 18 House Reps.

  • 16 Senators

  • 12 Governors

  • White, male, Anglo-Saxon, and Protestant

    • Biden only the 2nd Catholic President

  • Not elected directly by popular vote

    • Elected by Electoral College.

  • Trump 1st elected without military service, elected office or government experience.

    • Would be the 2nd President elected to non-consecutive terms

      • (Grover Cleveland 22nd & 24th )

    • 1st President to be impeached Twice

    • 1st former President charged/convicted of a crime

“Clean Campaigns”

Candidates must raise huge sums of money : Use taxpayer $

Partial Public funding of Primary elections :

  • Only presidential candidates are eligible

  • Voluntary $3 check off - income tax return

  • Matches up $250 of individual contributions

  • Up to ~$31 million (2024) ***

  • Only national party candidates are eligible

  • Must show broad based support

    • Need to raise at least $5,000 in at least 20 states

  • Must limit spending to ~$62 million (‘24).

Full funding of general elections :

  • Capped at ~$125 million (2024)

    • May spend $50k in personal funds

  • May not accept any private contributions

  • Publicly funded campaigns at a disadvantage

    • G.W. Bush – General Election 2000

    • G.W. Bush & J. Kerry – Gen. Election 2004

    • J. McCain – General Election 2008

      • Raised $219 privately in primary election

      • Capped at $84 million public funds in gen. election

    • B. Obama opted out (raised ~$745 combined)

“Primary Election” - Delegates

  • Each Party in each state holds an election to award delegates for presidential nominations.

  • Primary – voters cast anonymous ballot (TX)

  • Caucuses – public meeting, some cast secret ballots, and some do so publicly

  • States with early primaries play disproportionate role in shaping public opinion about candidates. (Also receive lots of $)

  • Super Tuesday – 1st Tuesday in March, largest set of delegates up for grabs, including Texas, make or break point for candidates

  • Closed Primaries – registered party members only (prevent outsiders/Independent Influence)

    vs.

  • Open Primaries – no registration required (Encourages Outsiders)

    vs.

  • Partially Open/Closed

  • Texas? : Open Primary

Majority of party delegates needed to gain the party’s nomination at National Convention.

  • Each party in each state may differ on how delegates are awarded

    • Proportional allocation – split based on results

      • Texas Democrats

      vs.

    • Winner-take-all – candidate receives all

      • Texas Republicans – IF candidate exceeds 50%

  • Pledged Delegates : National Convention → Bound to vote for a specific candidate

    vs.

  • Un-pledged Delegates : Party Leaders → Can Vote for anyone

  • Role of Super Delegates? ~15% (Dems)

    • Un-pledged delegates in the Democratic party have in the past been able to “sway” the nomination to the candidate they prefer

  • Contested Convention – if no candidate gets a majority, anyone can be nominated

General Election – Electoral College

Electoral College cast the deciding votes

  • Each state has # of electors = Senators + # of House Reps.

    • DC has 3 for a total of 538

    • 270 = MAJORITY needed to win Election***

    • TX had 38 Electors in 2020, 40 in 2024

      • Largest Conservative Block

    • Candidate with a plurality of popular votes in a state receives all electoral votes from that state

      • Except Maine and Nebraska

        • Split their votes proportionally

If no candidate receives majority of Electoral College votes, members of the House chooses president from the top 3

  • Each state delegation has 1 vote

    • Since DC is not a state, does not vote

  • Senate Chooses the Vice President

    • Very rare, hasn’t happened since 1824

  • Candidates must devise a strategy to gather the electoral votes they need to win.

  • They must win “base” states

  • Candidates rarely spend time or resources in their opponents’ strongholds •

  • Must pick competitive battleground

    • Only 8-14 Swing States

  • Most states, some of the biggest states ignored

  • Compromise between electing president by popular vote vs. a vote in Congress (parliamentary system)

  • Arguments For:

  • The US is a Republic, not a true democracy.

  • Protects the rights of the rural, less populated states.

  • Eliminates need for national recount or runoff elections.

  • Arguments Against:

  • America is increasingly democratic and the Electoral College is undemocratic.

  • The EC is complicated, suppresses turnout.

  • Most attention is focused on a small number of swing states, many states ignored.

  • Candidate may lose popular vote, but win Electoral College vote (Rare)

  • Each state legislates method of selecting electors.

  • Electors are nominated by state parties.

  • There is no Constitutional or federal law that binds an elector to the state results.

Unfaithful electors — elector who votes against the results in the state or abstains

  • In 2020, the US Supreme court ruled that states are free to enforce binding laws.

Unfaithful presidential electors have never impacted outcome of election.

  • Since 2000, only 12 cases of unfaithful votes

    • 2000: 1 elector in DC abstained

    • 2004: 1 elector “mistakenly” voted wrong

    • 2016: 10 electors voted for other candidates

      • 8 Democrats voted for candidate not Clinton

      • 2 Republicans voted for candidate not Trump

      • 1 Texas delegate resigned and was replaced

2022 Electoral College Reform Act

Passed in response to the events of January 6. •

  • Bipartisan legislation to settle:

    • Which state official is responsible for sending “slate”.

    • How an elector might be qualified or disqualified.

    • Requires states to submit results at least 6 days prior before the electors vote.

    • Clarifies that the Vice President’s role is strictly ministerial and may not change votes.

    • Ensures electors follow state laws on casting votes.

2024 Electoral College Vote

Timeline of events:

  • Nov. 5, 2024 – Election Day

  • Dec. 11, 2024 – deadline for sending list of electors

  • Dec. 17, 2024 – electors vote in each state

  • Dec. 25, 2024 – electors must arrive to Federal officials

  • Jan. 3, 2024 – certificates transferred to Congress

  • Jan. 6, 2024 – Congress counts electoral votes

  • Jan. 20, 2025 – Presidential Inauguration

Presidential Powers

The president has few expressed powers formal powers, written out in Constitution. Article II

  • Power to approve or veto legislation/resolutions.

  • Write checks pursuant to appropriations.

  • Nominate ambassadors, with consent of Congress

  • Serve as Commander-in-Chief

  • Fill vacancies of the Senate will in recess.

  • Advise Congress on the State of the Union.

  • To make treaties with the advice and consent of Congress.

  • Grant reprieves and pardons for offenses against the US, except in the case of impeachment.

  • Power to convene one or both houses of Congress

  • Commission the officers of the United States.

  • Has the duty to receive ambassadors and ministers

  • Has the duty to see the laws faithfully executed.

  • Preserve, protect and defend the Constitution.

  • Presidential power has grown domestically and internationally.

  • Congress delegated more and more administrative power to executive agencies over time.

  • Executive Orders – how presidents direct the actions and policy of executive agencies***

    • Truman – Integration of Armed Forces

    • Obama - Immigration, deferred action.

    • Often criticized as overreach or authority

Nation’s chief executive officer

  • Oversees a vast bureaucracy.

  • Appoints people to run day-to-day operations

  • President must seek Senate approval for appointments

    • Senatorial courtesy – especially for judicial nominees, allows political “horse trading”

  • Congressional Oversight of Executive Agencies

    Vs. Executive Privilege – presidents often refuse to hand over documents or allow testimony to “protect” the trust of their counsel

The president plays a key role in lawmaking

  • President can Veto laws passed by Congress

    • 10 days to sign or veto

    • Two-thirds of both houses to override veto

    • Frequency? Rarely overturned

  • Pocket Veto – only when Congress adjourns (No Override) ***

  • Signing Statements - clarifies how a president interprets the law and how an agency will enforce the law signed by a president

    • Attachment = Exec.Order

Limits on Presidential Power

  • Presidential power limited intentionally, but strength has grown over time.

    • Both nationally and globally

    • Still work within framework of the Constitution/Courts

  • Role of the Courts

    • Interpret the constitutionality

  • Role of Congress

    • Veto

    • Impeachment

    • Most severe limit on presidential power?

  • Role of Public Opinion