Part 1: Qualifications and the Electoral College

Qualifications:

• Age = 35

• Residency = lived in the U.S for 14 years

• Citizenship = “Natural-Born Citizens”

  • Aka “Foregein Born Clause”

• The Framers Intent

  • Not Worried about immigrants…

    • Feared outside noblemen from Europe

  • Topic for Political Debate today…

    • Does it align with the idea of a nation built on immigrants?

The Electoral College

• The total # of Electors is 538

  • -435 Reps + 100 senators

  • The 23rd Amendment gives 3 Electoral Votes to DC

• State’s electoral votes are = to the # of Senators + Representatives

  • Ex. CT = 7(5 reps + 2 senators)

• 270 to win… The House Breaks Electoral Deadlock

• Framers Intent

  • Did not trust the public to elect the president directly

    • States would vote for their favorite sons

    • The House decides on elections

  • Beliefs of the Framers were flawed…

    • Role of Parties

Part 2

Changes to the office

• Election of the President

  • 12th Amendment = created separate ballots for the Presidential and Vice Presidential candidates.

  • 23rd Amendment = increased the electoral votes in the Electoral College to 538 by giving Washington D.C 3 electoral votes.

• The Lame Duck Period = Time in office of the outgoing president

  • When a new president has been elected but before the exit of the old one

    • Usually reserved for unpopular presidents

  • 20th Amendment (1933) = Moved inauguration from March 5th to Jan. 20th

• 25th Amendment (1967)

  • Provides for the VP to assume presidential duties

  • The president can also pass temporary authority over to the VP

  • Provides for the creation of a group of executive officers to declare the president fit for duty

• Succession = Who takes over —how, why, when— when there is a presidential vacancy

  • 1947 Presidential Succession Act = assigns a succession order to 18 positions beyond the president

• Duration = A presidential term is 4 years

  • 22nd Amendment (1951)

    • Limits presidents to two terms or a total of 10 years in office.

      • The last part affects VPs filling a vacancy

      • EX. Lyndon Johnson, Gerald Ford

Part 3: Powers of the President

Formal vs. Informal

• Formal Powers are those enumerated in Article 2 of the Constitution

• Informal Powers are not written in the Constitution but rather construed from other powers given.

  • Sometimes called Implied Powers

• Informal Powers are those that allow the President to carry out agenda

  • Domestic and Foreign Policy Initiatives

Chief Legislator

• Signing a bill into Law

  • It is the job of the Executive Branch to carry out the law

    • President can add signing statements to a bill when signing it into law.

• Veto Power

  • 10 days to sign it into law or veto it — otherwise the bill goes into effect, becoming a law

    • Congressional Check: Congress can override a presidential veto by a 2/3 majority of both houses.

• Pocket Veto

  • Done in the last 10 days of a Congressional session… only a president can call them back into session

  • The Bill dies and must start the whole process of becoming a law in Congress over again

• The Line Item Veto

  • The president plays a role in the nation’s budget process.

  • Allowed presidents to eliminate a line of spending in the final budget appropriations bill from Congress

    • Vetoing parts but not all…

    • Declared unconstitutional in 1997 with Clinton vs. New York City

Chief Administrator

• Signing Statements

  • The president cannot change the wording of a bill

  • Used upon signing a bill… explains the President’s interpretation of the bill and how they understand to carry it out…

• Executive Order

  • It carries the same effect as law and allows the President to go around Congress

  • Cannot address matters that are exclusive to Congress (tax codes, currency, etc)

    • Judicial Check — Can be struck down by SCOTUS

      • Youngstown Steel And Tube Co. vs Sawyer (1952)

• Executive Privilege

  • The right to withhold information from another branch, usually Congress

  • The concept of Separation of Powers doesn’t force a President to reveal their decision-making process

    • Judicial Check — can be struck down by SCOTUS

      • US vs. Nixon (1974)

• Appointment Power

  • Judges, Scotus Justices, Ambassadors, Cabinet Secretaries, and certain Agency heads

  • Certain bureaucratic agency heads do not need Senate approval

  • Except for Judicial appointments, can fire at will

    • Congressional Check -- Advice/Consent of ⅔ of the Senate

• Granting Pardons

  • Can grant them for any offense except impeachment

• Convening Congress

  • Only the president can call Congress back into session

• State of the Union

• Required to give to Congress...has become much more

Commander-In-Chief

• Oversees all branches of the Military

• Responsible for the direction and disposition of the military

  • Day to Day operations goes largely to the Department of Defense

    • Congressional Check -- War declaration made by Congress w/ ⅔ approval by both houses.

• The president has the power to act quickly in military operations

  • Especially true with operations for defense / national security purposes

  • Limitations do exist...ex. 1973 War Powers Act

Chief Diplomat

• President represents the US 

  • Receive ambassadors from other countries

  • Make treaties and executive agreements with other countries

  • Modern-day --- done mostly by the Secretary of State

• Treaties can be used for... 

  • Facilitate trade = NAFTA

  • provide mutual defense = NATO

  • set global environmental policies = Kyoto Accords

    • Congressional Check -- Must have ⅔ of Senate Approval

      • Treaty of Versailles

• Executive Agreements = simple contracts between heads of state

  • Ex. Atlantic Charter (1941)

  • Only as binding as each side is willing to keep the promise

  • allows for speed, secrecy & avoidance of Congress

    • DOES NOT need ⅔ approval from the Senate