Bell Work 3113 What are the 2 formal

Bell Work: 3/1/13 �What are the 2 formal duties of the Vice President?

The Executive Branch: 13. 1 “The President’s Job Description”

The President’s Roles: �Whoever holds the office of President must fill a number of different roles. 1. Chief of State- Ceremonial head of the U. S. government. 2. Chief Executive- Enforcer of laws. 3. Chief Administrator- Director of the executive branch of the Federal Government. 4. Chief Diplomat- Makes foreign policy and spokesperson to the rest of the world.

5. Commander in Chief- Head of the armed forces. 6. Chief Legislator- Main architect of it public policies. ex: ) President’s shape the overall agenda of Congress - initiates, requests, suggests, and demands legislation from Congress. 7. Chief of Party- Head of their party 8. Chief Citizen- Expected to be the representative of the American people.

Formal Qualifications: 1. Natural born citizen: -Born on U. S. soil -Born abroad, but to parents that are American citizens. 2. 35 years old. 3. 14 years a resident of the U. S.

President’s Term: �The Framers considered a number of different limits on the length of presidential terms. �It was agreed that the each term would be 4 years. �After 2 terms, George Washington refused to seek a third. -No third term became an unwritten rule -F. D. R broke the tradition. (elected to 4 terms) -22 nd Amendment set a limit of 2 terms.

Compensation: �Congress determines the President’s salary. -Can’t be increased or decreased during a presidential term. �Currently $400, 000 per year. -$50, 000 per year expense allowance -White house -Transportation -Camp David -Health and Dental

Presidential Succession and the Vice President: 13. 2

The Constitution and Succession: �Presidential Succession: The scheme by which a presidential vacancy is filled. �Originally, the Constitution did not provide for succession of the Vice President. -Powers and duties would transfer, but not the office itself. -In practice, the V. P did succeed to the office when it became vacant. (John Tyler 1841)

� What had been practiced became part of the Constitution with the 25 th Amendment. “In case of the removal of the President from office or of death or resignation, the Vice President shall become President. ” � Congress also fixes the order of succession. � This was determined by the Presidential Succession Act of 1947 1. Vice President 2. Speaker of the House 3. President pro tempore of the senate 4. Secretary of State …and then followed by the cabinet heads in the order in which the offices were created.

Presidential Disability: �Neither the Constitution nor Congress had made any provision for deciding when a President was disabled. �There was also nothing to indicate who would make such a decision. (ex: ) Eisenhower, Garfield, Wilson

�Sections 3 and 4 of the 25 th Amendment fill the disability gap. �The Vice President is to become Acting President if: 1) The President informs Congress in writing, “that he is unable to do his job”. or The Vice President and the majority of the cabinet members inform Congress, in writing, that the President is incapacitated. *(Has only come into play twice) 2)

The Vice Presidency: �“I am the Vice President. In this I am nothing, but I may be everything. ” -John Adams �Not a very important job. �Often the Vice President is the butt of late night jokes.

Importance of the Office: �The Constitution pays little attention to the office of Vice President. �Two formal duties: Preside over the Senate 2. Help decide the question of Presidential disability. Usually the Presidential candidate will pick a V. P. that helps to balance the ticket. Balance the Ticket: Strengthen their chance of winning/ 1.

Vice Presidential Vacancy: �The Vice Presidency has been vacated 18 times -9 times by succession to the Presidency. -2 time by resignation -7 times by death. �It was until 1967 when the 25 th Amendment acknowledged this.

�If the Vice Presidency is open, the President will nominate a new V. P. �That nomination must be approved by a majority in both houses of Congress �Provision was first implemented in 1973. �Nixon selected Gerald R. Ford to succeed Spiro Agnew as V. P. �It came into play again when Nixon resigned and Gerald Ford became President.

Bell Work: 3/4/13 �In case the President is disabled, the way the Vice President becomes President is determined by the: a. Article II of the Constitution. b. Presidential Succession Act. c. 25 th Amendment. d. Congress.

Presidential Selection: “The Framers’ Plan: 13. 3

Original Provisions: �The Framers gave more time to the method for selecting the President than any other matter. �It became difficult because most of the Framers were against selecting the President by either of the most obvious ways. 1. Congress- Congress would decide. 2. Direct vote- People vote to decide �After weeks of debate, the Framers finally agreed on a plan put forward by Alexander Hamilton.

�Under the plan: - President and Vice President were to be chosen by a special group of presidential electors. - Each elector would cast 2 electoral votes for different candidates. -Candidate that receives the most votes would become the President. -Person who received the second most would become Vice President.

The Rise of Parties: �The Electoral college: the group of people chosen from each state, and the District of Columbia to formally select the President and Vice President. -This plan worked fine as long as George Washington was willing to seek and hold the Presidency. �However, flaws began to appear in 1796 with the rise of political parties. - John Adams (Federalist) beat Thomas Jefferson (Democratic-Republican) by three votes. - These men were archrivals, and now they had to work together.

Election of 1800: �During the election of 1800 there were 2 well- defined parties. -Federalist nominated John Adams for President and Charles Pinckney for Vice Presidential Candidate -Democratic-Republicans nominated Thomas Jefferson and Aaron Burr for Vice Presidential candidate. �The parties also elected candidates to serve as presidential electors in several States. - If elected, it was understood they would vote for their parties Presidential and Vice Presidential candidate.

So…What Happened? ? ? �Each of the 73 Democratic-Republicans who won post as electors voted for their party during the election of 1800. -Remember that each elector must cast 2 votes. -So, the 73 Democratic-Republican electors cast 73 votes for both Thomas Jefferson, and 73 votes for Aaron Burr. -For the first time the presidential election ended in a tie. �To determine the winner the election, the vote went to the House of Representatives. -They had to vote 36 times before Thomas Jefferson was declared the winner.

ADAMS Jefferson becomes President PINCKNEY 36 VOTES LATER JEFFERSON Burr Becomes V. P. BURR

�The election of 1800 marked the introduction of three new elements into the process of electing a President. 1. ) Party Nominations for President and Vice President 2. ) Nomination of candidates for presidential electors pledged to vote for their parties presidential ticket 3. ) Automatic casting of electoral votes in line with those pledges � 12 Amendment was added to the Constitution in 1804 to make sure that this fiasco never happened again. -called for a separate election for President

Bell Work: �Tuesday: 3/5/13 - What is the electoral college? �Wednesday: 3/6/13 - If there is a tie for President, how is the election decided?

Bell Work: 3 -7 -13 �According to the Presidential Succession Act of 1947, who follows the Vice President in the line of presidential succession?

Bell Work: 3/8/13 �The President may decide to resume duties after an illness by informing Congress that no inability exists, but that decision can be challenged by:

The Election: 13. 5

The Electoral College Today: �The Electoral College is one of the most misunderstood parts of the American political process. �Each State has a certain number of electoral votes. �The number of electoral votes each State has is determined by the number of members they have in congress. (Senate + House= electoral votes) �There is total of 538 electoral votes available in the U. S. (How can this be? )

• On Election Day, most American’s believe they are voting directly for the President. -actually, they are voting for who they want the electors in their State to vote for. (ex: )Whoever receives the majority of the votes in Michigan will receive all of Michigan's electoral votes. • On election day, people find out who won the election. (November) - However, the presidential electors don’t official cast their vote until almost a month later (December)

Counting the Electoral Votes: �Whoever receives the majority of the electoral votes, will be the next President of the United States. -Minimum electoral votes needed is 270. �If no candidate receives the minimum amount of electoral votes, the election is then decided by the House of Representatives. -Each State gets 1 vote. -Winner must receive a minimum of 26 votes. -This happened twice (1800 and 1824)

Flaws in the Electoral College: 1. Winner of the popular vote may not win the presidency.

2. ) Electors are not required to vote in accord with the popular vote. �Most States have laws that require an elector to vote for the candidate favored by the popular vote. - These laws are never enforced! �To this point it has happened 11 times in our nation’s history. �This has never affected the outcome of an election, but the potential is still there.

3. ) Any election may have to be decided by the House of Representatives. - Has happened only twice in our nation’s history. - Elections of 1800 and 1824 - Almost happened during the 1912, 1924, 1948, and 1968 election.

Proposed Reforms: �District Plan- 2 electors would vote along with the popular vote, the rest of the electors would votes along with the popular vote in their district. �Proportional Plan- each candidate would receive same share of State’s electoral votes as they received in a State’s popular vote. (ex: ) Obama gets 40% of the popular vote in a State that has 20 electoral votes means Obama would get 8 of that State’s electoral votes.

�Direct Popular Vote- Candidate that receives the most popular votes, would win. -This would completely get rid of the electoral college. �National Popular Vote Plan- The candidate that receives the majority of the popular votes, would receive all of the electoral votes. (ex: ) Obama gets more popular votes, thus he receives all of the 538 electoral votes.

Bell Work: 3/11/13 �List the 3 flaws of the Electoral College.

The Growth of Presidential Power: 14. 1

Article II: �Article II of the Constitution is the Executive Article, which discusses the powers of the executive office. �Formal Powers include: - executive power (power to enforce and carryout laws) - power to command the armed forces. - make treaties - approve or veto acts of Congress -send and receive diplomatic representatives -grant pardons and reprieves - faithfully execute laws.

�The Constitution deals with the powers of the Presidency in a very sketchy manner. - reads almost as an outline. - Article II has been called “the most loosely drawn chapter”. �In our history, there has been many arguments over the extent of presidential power. -some argue for a weaker presidency - others argue for a stronger, independent and co-equal.

Why Presidential Power Has Grown: � Although the Constitution’s formal grants of power has not changed, presidential power has grown remarkably over the past 200 years. � Reasons why: - Presidents: strong Presidents have helped to shape the office. - Industrialization and technology: Has required the growth of the Federal Government. *transportation, communication, health, welfare, education, and civil rights. -Times of Crisis: Actions by the president have done a lot to strengthen executive power. -Congress: passed many laws which the President has executed.

- Mass Media: A President has the ability to attract attention and build support for policies and actions. �Even with the growth of the Executive office, remember that the President is not all powerful. ex: -Youngstown Sheet & Tube Co. v. Sawyer (1952) -Military Tribunals: (Bush, 2006)

The Presidential View: �Over time Presidents themselves have taken one of two views on the office of the Presidency and its powers -Broad Approach (stewardship theory) -Limited Approach �In recent decades, critics of strong presidential power have condemned what is called the imperial presidency. -President taking a strong actions without consulting congress.

Executing the Law: (14. 2) �As chief executive, the President executes (enforces, administers, carries out) the provisions of Federal Law. �Power to do so is granted in the Constitution. 1. ) Oath of Office 2. ) Constitutional Command, “ He shall take care that the laws be faithfully executed”. �The President’s power to execute the law covers all federal laws. - Number and subject matter is enormous. (ex: ) armed forces, social security, gun control, minimum wage etc…

The Ordinance Power: �The President has the power to issue executive orders. - Executive Order: is a directive, rule, or regulation that has the effect of law. �The power to issue these orders, the ordinance power, arises from two sources: 1. ) The Constitution- not mentioned, but intended. 2. ) Congress - has become necessary for Congress to delegate more power to the President.

Appointment Power: �The President cannot hope to succeed without loyal subordinates who support the policies of the President’s administration. �Appointees: With Senate consent, the President names most of the top-ranking officers of the Federal Government. 1. ) ambassadors/diplomats 2. ) cabinet members and their top aides 3. ) heads of independent agencies 4. ) All Federal judges, U. S. Marshals 5. ) All officers of the Armed forces. �Senatorial Courtesy is closely followed when it comes to a Presidential appointment.

� Recess Appointments: - Power to make appointments (to fill a vacancy) during a recess in the Senate. - This appointment automatically expires at the end of the congressional term. - This bypasses the Senates approval. � Removal Power: - At first Congress gave the President the power to remove any officer he appointed. (federal judges excluded) - Later Congress passed the “Tenure of Office Act” (repealed) - Law now states that removal can only be based on: 1. inefficiency 2. neglect of duty 3. malfeasance in office

Homework Assignment: �Research and write a summary on the following court cases. �REMOVAL POWER: 1. Myers v. United States (1926) 2. Humphrey’s Executor v. Unites States (1935)

Bell Work: 2/28/12 �What is an executive order?

Diplomatic and Military Powers: 14. 3

The Power to Make Treaties: �A Treaty is a formal agreement between two or more sovereign states. - The President, usually acting through the secretary of state, negotiates these international agreements. - Senate must give approval by 2/3 vote �Treaties have the same legal standing as acts passed by Congress. -Congress may repeal a treaty by passing a law that goes against the treaty’s provisions.

Executive Agreements: �An executive agreement is a pact between the President and the head of a foreign state. -Most executive agreements come from legislation already passed by Congress. - Remember, the President can make executive agreements without approval of the Senate. �Famous Executive Agreement: -Destroyers-for-bases deal of 1940

The Power of Recognition: �When the President receives the diplomatic representatives of another nation, the President exercises the power of recognition. - Meaning that the President acknowledges the legal existence of that country and its government. - The President indicates that country as an equal. �Power of recognition can also be used as a weapon in foreign relations. - If the President recognizes a new nation, it is seen as a form of protection. ex: ) -T. Roosevelt and Panama (1903) -H. Truman and Israel (1948)

-A president may also show displeasure with the conduct of another country by recall of that nation’s ambassador or other diplomatic representatives. -The official being recalled is declared to be persona non grata, an unwelcomed person. grata ex: ) U. S. recalled it’s ambassador in Libya (2009)

Commander and Chief: �As you know the President is the commander and chief of the nation’s armed forces. - Most Presidents delegate much of their command authority to the generals and other high ranking officials. �However, President Washington actually took command of federal troops led them into Pennsylvania during the Whiskey Rebellion of 1794. �Making undeclared wars: -Recall the President can send troops into combat with a formal declaration of war.

�The last time actually declared war was WWII. �Since then, Congress has used congressional resolutions to deal with conflicts involving foreign nations. �Congressional Resolutions: When congress authorizes the President to meet certain international crises with military force. -Cuban missile crisis -Gulf War (1991) -Iraq (2001)

War Powers Resolution: �Today, most people agree that the President must be able to respond rapidly and effectively to threats to national security. �Still, many people have long warned of the dangers inherent in the President’s power to involve the nation in undeclared wars. �After the nations growing frustration over the war in Vietnam, Congress passed the War Powers Resolution of 1973 -Nixon tried to vetoed, but was overridden.

�Provisions of the War Powers Resolution Act: 1. ) With 48 hours, the President report to Congress, detailing the circumstances and scope of his actions. 2. ) Commitment of American forces must end after 60 days, unless Congress agrees to a longer period. 3. ) Congress may end the combat commitment at any time, by passing a concurrent resolution. � The Constitutionality of the war powers resolution remains in dispute.

Bell Work: 3/2/12 �What is a Congressional Resolution?

Legislative and Judicial Powers: 14. 4

Legislative Powers: � Recommending Legislation: -The President regularly sends three major messages to Congress each year. 1. State of the Union 2. President’s budget message 3. Annual economic report �The President often send lawmakers (Congress) a number of other messages on a wide range of topics. �In each, recommends laws he thinks are necessary to the welfare of the country.

The Veto Power: �The President has four different options when present with a Bill or Act from Congress. 1. ) Sign the bill, making it law. 2. ) Veto it, and send it back to Congress. (can be overridden) 3. ) Allow the bill to become a law by not signing it, or vetoing it within 10 days. 4. ) (Pocket Veto) If Congress adjourns within 10 days after the bill is sent to the President, and no action is taken, the bill dies.

�The Line-Item Veto: - If a President decides to veto a bill, he must reject the entire bill. - Presidents have often favored expanding the veto power to include a line-item veto. �A line-item veto would allow the President to cancel specific dollar amounts (line-items) in spending bills enacted by Congress. - Some argue that this would shift too much power to the President. -Congress did pass a Line-Item veto Act in 1996, but it was struck down by the Supreme Court.

�Other Legislative Powers: - President can call Congress into a special session. * Truman after WWII - President can prorogue (adjourn) Congress when they cannot agree on a date.

Judicial Powers: �The Constitution gives the President the power to… 1. ) Grant Reprieves- Postponement of the execution of a sentence. 2. ) Pardon- Legal forgiveness for a crime. �These powers of clemency (mercy or leniency) may be used only in cases involving federal offenses. - Usually granted after a person has been convicted. - The person who is being pardoned, must accept the pardon. - If accepted, it is usually seen as an admission of guilt.

�The pardoning power includes the power to grant conditional pardons, provided the conditions are reasonable. �Also includes the power of commutation, meaning to reduce the length of a sentence or fine. �As well as a amnesty, or a blanket pardon offered to a group of law violators. ex: ) B. Harrison = Mormons that violated antipolygamy laws. J. Carter = Pardoned Vietnam War draft evaders