Presidency Comprehensive Study Notes (Outline)
A. Establishment
The presidency is provided for in Article II of the Constitution.
B. Qualifications
A President must be:
A natural-born citizen
At least 35 years of age
A resident of the U.S. for at least 14 years
C. Term
The term is 4 years. Presidential elections are held in November of years evenly divisible by 4. The term starts on January 20 of the following year.
Under the 22nd Amendment (1951):
No person shall be elected President more than twice.
And no person who served more than 2 years of his or her predecessor’s term shall be elected more than once.
D. Salary
The salary is set by Congress. It is currently 400{,}000 per year.
E. Party Nomination Process
National Party Conventions:
A national party convention selects a party’s presidential and vice-presidential nominees and writes a party platform.
Nominees are chosen by a majority of the delegates at a convention.
Conventions are held in the summer of a presidential election year, usually in August.
Primaries, Caucuses, and Delegates:
From February through June of a presidential election year, state parties choose their delegates to their national party conventions through primaries or caucuses.
By voting for a candidate in a primary election or caucus, voters in effect choose delegates pledged to support that candidate at a national party convention.
F. The General Election: The Electoral College
Why do we have an Electoral College?
The framers considered popular election of the President but feared that voters in a time of limited mass media would know too little about candidates from states other than their own.
They also considered having Congress choose the President but decided that would give Congress too much power over the President.
They decided to let states choose electors who would then vote for President and Vice President.
G. How It Works
Each state is allocated a number of electors equal to its number of U.S. Representatives and U.S. Senators combined.
The District of Columbia gets 3 electors under the 23rd Amendment, so there total is 538.
States choose electors “in such manner as the Legislature thereof may direct” (Art. II, sec. 1).
Since the 1800s, states have held presidential elections to let voters choose electors.
Each party in each state nominates a slate of electors pledged to support their party’s nominees for President and Vice President.
Members of Congress and federal employees are bound to support their party’s electors.
H. Ballot and Allocation Rules by State
In presidential elections, voters in each state cast ballots for the party slate of electors representing their choice for President.
In 48 states, whichever slate wins the most votes is elected to be the state’s electors. In effect, the presidential ticket with the most votes in a state gets all of that state’s electoral votes.
In Maine and Nebraska, 2 electors are chosen by statewide popular vote and the rest by popular vote in each congressional district.
On the Mon. following the second Wed. of December, electors meet in their respective state capitals and cast their electoral votes, one for President and one for Vice President.
The votes are sealed and sent to the President of the Senate who, on January 6, opens and reads them before both houses of Congress.
I. Majority and Contingent Election
A candidate needs a majority of electoral votes (one more than half, or 270) to win the presidency or vice presidency.
If no candidate wins a majority, the House chooses the President from the top 3 candidates, with one vote per state delegation. A majority of state votes is required to elect.
If no VP candidate wins a majority, the Senate chooses the VP from the top 2 candidates, with a majority of votes required to elect.
The President-elect and Vice President-elect are sworn into office on January 20 at noon.
Public Opinion on the Electoral College: Polls show that most Americans (about 60%) favor abolishing the electoral college.
J. Pros and Cons of the Electoral College
Pros:
Preserves the federal system by giving the states a role in the election of the President.
Gives small states a say in the election by giving them a share of electors that is larger than their share of the population.
Cons:
Five Presidents have been elected despite losing the popular vote: John Quincy Adams (1824), Rutherford B. Hayes (1876), Benjamin Harrison (1888), George W. Bush (2000), and Donald Trump (2016).
It is undemocratic to give the small states a disproportionate share of electors.
“Faithless electors” can vote for someone other than the candidate they are pledged to.
K. Proposals for Reform
Abolish the Electoral College:
Requires a constitutional amendment (two-thirds vote by the House and Senate and ratification by ¾ of the states).
Small states can block such an amendment in the Senate where they have equal representation with larger states.
National Popular Vote (Compact):
States enter a compact to award their electoral votes to the winner of the national popular vote (instead of the state popular vote).
Does not require a constitutional amendment; becomes effective if states with a total of 270 electoral votes agree.
The winner of the national popular vote would then always win the election.
L. Status of the National Popular Vote Compact
As of the material, 15 states and the District of Columbia have entered the compact, including California.
They have 196 electoral votes among them, or 73 rac{}{100} ext{ of the }270 ext{ votes needed to make the compact effective.}
M. Domestic and Foreign Powers of the President
A. Powers and Duties in Domestic Affairs:
Federal executive power
The duty to faithfully execute the law
The duty to report to Congress on the state of the Union
The power to recommend legislation to Congress
The power to sign or veto bills
The power to grant pardons and reprieves
The power to nominate federal executive officials and federal judges (appointment requires Senate confirmation)
B. Powers and Duties in Foreign Affairs:
The power to serve as commander-in-chief
The power to nominate ambassadors (Senate confirmation needed)
The power to receive foreign ambassadors
The power to make treaties (which require Senate ratification by a rac{2}{3} vote)
N. Roles of the President
The President plays a number of roles:
As national leader, develops policy initiatives and persuades Congress to adopt them.
As head of state, represents the U.S. in international relations, negotiates treaties, conducts diplomacy.
As chief executive, oversees the executive branch and appoints heads of federal departments and agencies.
As commander in chief, head of the armed forces and responsible for national security.
O. The Modern Presidency and Theory
A. The Changing Conception of the Presidency:
Whig Theory: President’s powers limited to those expressly granted in the Constitution.
Stewardship Theory (Inherent Power Theory): Modern Presidents can do whatever the needs of the people demand unless forbidden by law or the Constitution.
B. Growth in the President’s Responsibilities:
Domestic Affairs: Pre-New Deal, fewer responsibilities; New Deal era expanded federal programs and agencies.
Foreign Affairs: Emerged as a world leader post-World War II; U.S. becomes a military and economic superpower.
C. War Powers:
Historically, Presidents could act without congressional authorization only to repel invasions or for reprisal.
In modern practice, presidents have used military force abroad without congressional approval (e.g., Korea, early Vietnam).
War Powers Resolution (1973): requires the President to report to Congress within 48 hours of initiating hostilities; military action limited to 60 days unless Congress approves further action.
Presidents have largely ignored it (e.g., Reagan in Grenada, Clinton airstrikes).
P. The “Imperial Presidency”
Term used by critics who argue modern Presidents exceed their powers and act as though above the law.
First applied to Nixon after Watergate remark; applied to others as well (including Trump in contemporary discussions).
Concern: checks and balances weakened; power concentrated in the White House.
Q. Checks and Balances
Theoretical: Congress can check the President (e.g., cut off funding for wars; impeachment and removal).
Reality: Congress often avoids checks when the President’s actions are popular; reelection concerns influence behavior.
Supreme Court may decline to hear disputes between Congress and the President (political question doctrine).
R. The Force of Circumstance and The Stage of the President’s Term
Force of Circumstance: A President’s position with Congress is strengthened by compelling national problems, decisive electoral victory, and personal political skill.
Honeymoon Period: First year in office often features favorable press, public, and Congressional reception; presidents may be most powerful when they are least knowledgeable.
S. The Nature of the Issue and Public Support
Foreign vs Domestic issues: Congress gives more deference to the President on foreign policy (troops, ambassadors, daily briefings).
Public Support: Popular presidents tend to receive more deference from Congress; threats abroad can increase public support for presidential initiatives.
T. Impeachment and Removal of the President
Impeachment and removal is a two-stage process:
House can impeach a President with a simple majority vote on impeachable offenses (Treason, Bribery, and other High Crimes and Misdemeanors).
If impeached, Senate holds a trial and can convict and remove the President with a rac{2}{3} vote.
U. Impeachment Process (Detailed)
Begins when the House calls for an investigation of the President by a simple majority vote.
The House Judiciary Committee conducts the investigation and reports to the full House.
The House can then vote on whether to impeach the President on one or more charges (simple majority).
Removal Process:
If impeached by the House, the Senate holds a trial with the Chief Justice presiding.
Senators hear evidence from House prosecutors and the President’s defense; the Senate can convict and remove by a rac{2}{3} vote.
V. Presidents Who Have Been Impeached
Andrew Johnson (1868), Bill Clinton (1998), Donald Trump (2019, 2021).
Richard Nixon resigned in 1974 to avoid impeachment.
No President has been removed from office through impeachment.
W. Presidential Immunity from Criminal Prosecution
The question of immunity has been debated for many years; Article II is silent on this issue.
Arguments:
Some say presidents are not above the law and may be prosecuted for crimes.
Others claim impeachment/removal replaces criminal prosecutions.
Some say presidents should be immune from prosecution for official acts but not for unofficial acts.
Supreme Court decision: Trump v. United States (2024) ruled 6-3 that presidents are immune from prosecution for official acts but have no immunity for unofficial acts.
Official act: taken pursuant to constitutional or statutory authority; core powers (pardon, command of the military, execution of laws) grant absolute immunity from prosecution for crimes.
For other official acts, immunity is presumed unless laws show risk to executive powers.
Critics argue the decision lacks constitutional grounding.
X. The Executive Office of the President (EOP)
The EOP includes offices and advisory councils to the President.
White House Office: closest advisors, hired for policy/political expertise and loyalty.
Councils in the EOP include the National Security Council and the Council of Economic Advisers.
Y. Cabinet, Subcabinet, and Agency Appointees
The heads of the 15 executive departments (State, Treasury, etc.) constitute the President’s cabinet.
They are appointed by the President and subject to Senate confirmation.
They are called Secretaries, except for the head of the Justice Department, who is the Attorney General.
Subcabinet officials include Under Secretaries and Assistant Secretaries, also appointed with Senate consent.
The President also appoints heads of federal agencies (e.g., FBI, SSA, FDA).
Z. The Vice President
A. Selection:
Vice presidential nominees are selected by delegates at national party conventions; in modern times, delegates ratify the presidential nominee.
A Vice President is elected to office by the Electoral College. Each elector gets two votes: one for President and one for Vice President.
B. Duties:
To take over as President in case of death, resignation, or removal of the President.
To serve as President of the Senate and cast tie-breaking votes in the Senate.
C. Removal:
The Vice President is subject to impeachment and removal by the House and Senate.
D. Replacement:
If the office becomes vacant, the 25th Amendment (1967) allows the President to appoint a Vice President with the approval of both Houses of Congress.
XI. The Line of Succession
If the Office of the President becomes vacant, the Vice President becomes President.
Congress has established a line of succession beyond the VP:
Speaker of the House
President Pro Tempore of the Senate
Secretary of State
Then the rest of the Cabinet in the order in which their departments were created
XII. Summary
The presidency is provided for in Article II.
The President is elected by the Electoral College for a four-year term and is limited to two terms.
A state’s number of electors equals its number of Representatives and Senators combined; small states are overrepresented in the Electoral College.
The President’s constitutional powers include federal executive power, signing/vetoing legislation, appointing executive officials and federal judges, and serving as commander in chief.
XIII. Review Questions
Which article of the Constitution provides for the presidency? \text{Article II}
What are the constitutional qualifications for President? ext{Natural-born citizen, at least } 35, ext{ and } 14\text{ years residency}
The President serves a term of 4 years and is elected by the electoral college.
How is a state’s number of electors determined? \text{Equal to the sum of its Representatives and Senators}
Is a state’s share of electors proportional to its share of the population? Explain. \text{No. Small states are overrepresented because all states have two Senators}
If no presidential candidate wins a majority of electoral votes, how is the President chosen? \text{By the House, with each state delegation casting one vote; majority of state votes required}
Describe the Whig theory and the stewardship theory of the presidency.
Identify five constitutional powers or duties of the President.
Identify three factors that can affect a President’s success with Congress.
Describe the process by which a President can be impeached and removed from office.
Are presidents immune from prosecution for crimes?
The content above reflects key topics and figures from the provided material.
The U.S. Presidency, established in Article II of the Constitution, requires a natural-born citizen, at least 35 years old, and a 14-year U.S. resident. The term is 4 years, with elections held in November of years evenly divisible by 4. The 22nd Amendment limits presidents to two terms, or up to 10 years if serving more than two years of a predecessor's term. The current annual salary is 400{,}000.
Presidential and vice-presidential nominees are selected at national party conventions after delegates are chosen via state primaries or caucuses.
Presidents are elected by the Electoral College. Each state receives electors equal to its number of U.S. Representatives and Senators combined, plus 3 for D.C., totaling 538 electors. Most states operate under a winner-take-all system where the ticket winning the popular vote receives all of the state's electoral votes. A candidate needs 270 electoral votes to win. If no candidate reaches this majority, the House chooses the President (one vote per state) and the Senate chooses the Vice President. Public opinion largely favors abolishing the Electoral College.
Critics highlight the Electoral College's undemocratic nature, citing five instances where the popular vote winner lost the election, the disproportionate power given to small states, and the possibility of "faithless electors." Proposals for reform include a constitutional amendment to abolish it or the National Popular Vote Compact, which becomes effective if states with a total of 270 electoral votes agree to award their votes to the national popular vote winner. Currently, 15 states and D.C. have joined, totaling 196 electoral votes.
The President possesses significant constitutional powers in domestic affairs (e.g., faithfully executing laws, signing/vetoing legislation, granting pardons, nominating federal officials and judges with Senate confirmation) and foreign affairs (e.g., serving as commander-in-chief, nominating ambassadors, making treaties requiring Senate ratification by a 2/3 vote). The President also serves as national leader, head of state, chief executive, and commander-in-chief.
The modern presidency has evolved from the Whig Theory, which limited powers to those expressly granted, to the Stewardship Theory, which allows presidents to act on behalf of the people unless forbidden by law. Presidential responsibilities have expanded in domestic affairs post-New Deal and in foreign affairs post-World War II. While presidents often use military force abroad without prior congressional approval, the War Powers Resolution of 1973 attempts to limit such actions, though it is frequently ignored.
The term "Imperial Presidency" refers to criticisms that modern presidents exceed their powers, potentially weakening checks and balances. Congress theoretically checks presidential power, but practical considerations like reelection concerns can influence their actions. A president's success is often strengthened by compelling national problems, decisive electoral victories, personal political skill, and public support, especially during the "honeymoon period" and on foreign policy issues.
Impeachment and removal is a two-stage process: the House can impeach a President with a simple majority vote for "Treason, Bribery, and other High Crimes and Misdemeanors." If impeached, the Senate then holds a trial, presided over by the Chief Justice, and can convict and remove the President with a 2/3 vote. Andrew Johnson, Bill Clinton, and Donald Trump (twice) have been impeached, but none removed. Richard Nixon resigned to avoid impeachment. The Supreme Court (Trump v. United States, 2024) ruled that presidents are immune from prosecution for official acts, particularly core presidential powers, but have no immunity for unofficial acts.
The Executive Office of the President (EOP) includes offices and advisory councils such as the White House Office (closest advisors), National Security Council, and Council of Economic Advisers. The Cabinet comprises the heads of the 15 executive departments (Secretaries, Attorney General), who are appointed by the President and confirmed by the Senate.
The Vice President, also elected by the Electoral College, serves primarily to take over as President in case of death, resignation, or removal, and to serve as President of the Senate, casting tie-breaking votes. The Vice President is subject to impeachment and removal. If the office becomes vacant, the 25th Amendment allows the President to appoint a new Vice President with the approval of both Houses of Congress. The line of succession after the Vice President includes the Speaker of the House, President Pro Tempore of the Senate, and then Cabinet secretaries in order of department creation.