Chapter 7: The Presidency

ROOTS OF THE POTUS

• King of England

  • placed royal governors at all colonies. Would clash with colonial legislature + colonists

• After the Declaration of Independence, States reduced power of governor and some states gave more power to chief executives.

  • Could hold Chief executives accountable if they messed up

    • Could pardon, execute laws, and commander in chief of state militia

• AOC had no president

• The Constitutional Convention created the branches. They selected George Washington as president.

  • Would be chosen by an electoral college and gave him the power of veto

QUALIFICATIONS AND TERMS OF OFFICE

• Natural Born citizen

• 35 years old

• Resident of the U.S for 14+ years

• Wanted to make sure the president spent time inside his own country before being elected

• Term was agreed to be four years with eligibility for reelection

• Washington started the tradition of a two-term limit

  • quelled fears of a “constitutional monarch” by the framers

• 22nd amendment turned it into a law

  • The President must serve only 2 terms

  • VP, if succeeds the president, is eligible for max of 10 years

    • Originally, VP was just a stand in for POTUS, then they allowed the position to break ties in the senate and preside it.

Impeachment

• House impeaches, Senate tries with chief justice of SCOTUS present

• “Treason, bribery, or other high Crimes and Misdemeanors”

• Nixon resigned from office after U.S v Nixon limited a president’s claim to executive privilege.

Rules of Succession

• (1947) Congress passed the Presidential Succession Act, creating the line of succession.

• 25th amendment establishes procedures for filing vacancies in POTUS AND VP.

  • VP and majority of cabinet may deem a president unable to fulfill his duties. May lead to vp becoming acting president if POTUS is incapacitated.

ROLES OF THE PRESIDENT (Presidential “Hats”)

Chief of State

• He is the Symbol of the U.S.

• Will greet other world leaders.

• Awards medals.

Chief Executive

• Acts as boss of federal government wrokers in 14 executive departments (cabinet)

• appoints cabinet

Chief Diplomat

• Conducts foreign policy by directing American ambassadors

• Signs treaties and trade agreements with other world leaders.

Commander in Chief

• The president is the commander in Chief of the Military.

  • Congress can only declare congress

• can control the actions of the military

Chief of Party

• Presidents help members of their party get elected or appointed to office

• They make campaign speeches for reelection

• Head of fundraising for the party

Guardian of the Economy

• Monitors:

  • Unemployment

  • Inflation, taxation, business, and general welfare of the nation

  • He does not control the economy but gets credit if it’s well

CONSTITUTIONAL POWERS OF THE PRESIDENT

Appointment

• President may appoint (with consent and advice of senate) “Ambassadors, publc Ministers and Consuls, judges of the SC, and officers of the U.S who’s appointment are not provided for.”

• This means:

  • President may appoint nearly 3,500 members to his administration.

    • He can remove appointees at will

    • Appoints all military personnel subject to Senate approval

    • These appointments may influence the direction of public policy

  • Senate used to mostly approve the president’s nomination but now it’s not so easy

    • Delays and rejections can:

      • hurt relations between congress and exec.

      • leave a president without first choices

      • Influence public perception of president

Convene Congress

• The president must inform congress periodically of the state of the union.

• The President can convene either one or both houses on “extraordinary Occasions”

Make Treaties

• Treaties may be created by the president but Senate can check it with a 2/3 vote

  • The president may “receive ambassadors”. used to allow POTUS to recognize the existence of other nations

• SENATE RATIFIES 90% of TREATIES SUBMITTED BY THE PRESIDENT

  • 2/3 vote prevented the U.S from joining the League of Nations at the end of WWI

• Senate may require compensation for approving a treaty

  • EX: Senate demanding settlement of several conditions before approving Jimmy Carter’s Panama Canal Treaty. (1977)

• President may try to use executive agreements

  • form secret and highly sensitive arrangements with foreign nations without senate approval

    • Are not binding on subsequent administrations and can be undone immediately by sucessors.

Veto Powers

• Power to forbid bills from passing to laws but only as a “qualified negative.”

• Congress may override a presidential veto with a 2/3 vote in each house

  • Rare

  • Called “Qualified Negative”

• The threat of a veto has a powerful influence over law-making.

  • Will make bills sway towards presidential beliefs. If the government is unified, vetoes are rare.

Pardon

• Check on judicial power through a pardon.

Commander in Chief

• Most important executive power

  War Powers Resolution (1973)

• Controversy over Vietnam war

• President must seek prio approval to use force.