2. Who can be President?
Article II, Section I of the
Constitution.
U. S. Citizen
Minimum age 35
14 year minimum
residence requirement
Average age has been 54
and most are white
wealthy males.
4. Electoral College
Article 2, Section 1 of the U. S.
Constitution created the
Electoral College. Each state
receives as many electoral
votes as it has senators and
representatives. Electoral
college participants may not be
members of Congress.
Therefore, each state, including
the District of Columbia, will
have at least three electors.
5. Electoral College
4 times in US history presidential
candidates have won the popular vote
and lost the electoral college.
1824 John Quincy Adams picked by the
House when Andrew Jackson won both, but
not by a clear majority.
1876 Rutherford B. Hayes over Samuel J.
Tilden.
1888 Benjamin Harrison over Grover
Cleveland
2008 George W. Bush over Al Gore (a case
that went to the Supreme Court).
6. Electoral College
If there’s no clear
majority the constitution
requires the House of
Representatives to decide
(has happened twice).
In 1800 Thomas Jefferson
and Aaron Burr tied.
In 1824 there was a three-
way tie among William H.
Crawford, Andrew
Jackson, and John Quincy
Adams
7. Electoral College – The 12th Amendment
―… if no person have such
majority, then from the persons having
the highest numbers not exceeding three
on the list of those voted for as
President, the House of Representatives
shall choose immediately, by ballot, the
President. But in choosing the
President, the votes shall be taken by
states, the representation from each state
having one vote; a quorum for this
purpose shall consist of a member or
members from two-thirds of the
states, and a majority of all the states
shall be necessary to a choice . . .‖
8. The President’s Roles
Head of State –
ceremonial
Decorating war
heroes
Throwing out the first
pitch at games
Represents the U.S.
internationally
visiting other
countries
9. The President’s Roles
Chief Executive
The president is
constitutionally bound
to enforce acts of
Congress, the
judgments of federal
courts, and the
treaties signed by the
United States as well
as issue statements.
10. The President’s Roles
Civil Servant Power
Civil Service - A collective term for the
body of employees working for the
government.
Appointment Power - Authority to fill a
government office or position. Positions
filled by presidential appointment include:
the executive branch and the federal
judiciary, commissioned officers in the
armed forces, and members of the
independent regulatory commissions.
Removal Power - Can remove all heads of
cabinet departments, individuals within the
EOP, and political appointees
11. Presidential Executive Departments
DEPT YEAR S NOTES 2009 BUDGET EMPLOYEES
Initially "Department of Foreign
State 1781 $ 16.39 18,900
4 Affairs"
Treasury 1789 5 $ 19.56 115,897
Interior 1849 8 $ 90.00 71,436
Agriculture 1862 9 $ 134.12 109,832
Justice 1870 7 AG 1789, but no dept until 1870 $ 46.20 112,557
Commerce 1903 10 Originally Commerce and Labor $ 15.77 43880
Labor 1913 11 $ 137.97 17,347
Initially "National Military
Defense 1947 $ 651.16 3,000,000
6 Establishment" 1947-49
Originally Health, Education, &
Health & Human Services 1953 $ 879.20 67,000
12 Welfare
Housing & Urban Development 1965 13 $ 40.53 10,600
Transportation 1966 14 $ 73.20 58,622
Energy 1977 15 $ 24.10 109,094
Education 1980 16 $ 45.40 4,487
Initially "Veterans
Veterans Affairs 1989 $ 97.70 235,000
17 Administration"
Homeland Security 2002 18 $ 40.00 208,000
Totals $3,997.80B 4,193,144
13. Presidential Pardons & Reprieves
Reprieves - Formal President Ford pardoned
postponement of the former President Richard
execution of a sentence Nixon (1974) which led to his
loss in the next election.
imposed by a court of
law. Andrew Johnson pardoned
former Confederate officials
Pardon - Release from after the Civil War.
the punishment for, or George H. W. Bush pardoned
legal consequences of, a members of the Reagan
crime. A pardon can be administration for Iran-Contra
granted by the president President Clinton pardoned
before or after a 140 people on his last day in
conviction. office.
14. Commander in Chief
The president ―shall be
Commander in Chief of
the Army and Navy of
the United States, and of
the Militia of the several
States, when called into
the actual Service of the
United States‖. (Article
2 of the U.S.
Constitution)
Civilian control of the
military
15. Chief
Wartime Powers
Presidents have exercised more
authority in their capacity as
commander in chief than in any
other role, and can send the
armed forces into a country in
situations that are the equivalent
of war.
Congress passed the War Powers
Act in 1973 spelling out when
the President can act without
Congressional approval.
16. Chief Diplomat
Advice and Consent -
Terms in the Constitution
describing the U.S.
Senate’s power to review
and approve treaties and
presidential appointments.
Chief Diplomat - The role
of the president in
recognizing foreign
governments, making
treaties, and effecting
executive agreements.
17. Chief Diplomat
Diplomatic recognition is the
power to recognize or refuse to
recognize foreign
governments.
Proposal and ratification of
treaties.
Recent treaty efforts include S.
Korean trade, Russian Arms
Reduction.
Executive Agreements -
International agreement made
without senatorial ratification,
18. Chief Legislator
The president is responsible
for recommending to
Congress legislation judged
necessary and expedient and
creating a congressional
agenda.
State of the Union - Annual
message to Congress in
which the president proposes
a legislative program
addressed to Congress, the
American people and the
world.
19. Chief Legislator
The president can propose
legislation, but Congress is not
required to pass or even
introduce any of the
administration’s bills.
The president attempts to use
persuasion, calling, writing, an
d meeting with congressional
leaders; influences public
opinion; and as head of the
party, exercises legislative
leadership through the
congresspersons of that party.
20. Chief Legislator – Veto Power
Veto Message - Formal explanation of a
veto.
Pocket Veto - Special veto exercised by the
chief executive after a legislative body has
adjourned. Bills not signed by the chief
executive die after a specified period of time.
If Congress wishes to reconsider such a
bill, it must be reintroduced in the following
session of Congress.
Line-Item Veto - Power of an executive to
veto individual lines or items within a piece
of legislation without vetoing the entire bill.
Congress has the power to override the
president’s veto by a super majority in each
chamber.
21. Presidential Power
Constitutional Power - Power vested in the
president by Article II of the Constitution.
Statutory Power - Power created for the
president through laws enacted by Congress.
Expressed Power - Power of the president
that is expressly written into the Constitution
or into statutory law.
Inherent Power - Power of the president
derived from the statements in the
Constitution that ―the executive power shall be
vested in a president‖ and that the president
should ―take care that the laws be faithfully
executed‖; defined through practice rather
than through law.
22. Presidential Power
Emergency Powers - The Jimmy Carter froze
president can use emergency Iranian assets during the
powers during crises in domestic hostage crisis.
and foreign affairs.
Lincoln suspended ―habeas
corpus and issued military
funds during succession.
FDR stopped people from
withdrawing from banks and
exporting of gold and silver.
Woodrow Wilson seized the
steel mills.
1976 National Emergencies Act
23. Presidential Power
Executive Orders -
Congress allows the
president to issue executive
orders that have the force
of law.
They can enforce legislative
status
Enforce the Constitution or
treaties with foreign nations
All executive orders must
be published in the daily
Federal Register
http://www.archives.gov/federal-register/executive-orders/2011.html
24. Presidential Power
Executive Privilege - The
ability of the president and
president’s executive officials to
withhold information from or
refuse to appear before Congress
or the courts.
Limiting executive privilege
(United States v. Nixon,1974)
- The Supreme court ruled
executive privilege could not
be used to prevent evidence
from bring heard in criminal
proceedings.
25. Abuse of Presidential Power
The Twenty-second
Amendment (1951) prevents
the president from serving a
third term in office.
Impeachment - an action by
the House of Representatives
to accuse the president, vice
president, or other civil
officers of the United States
of committing
―Treason, Bribery, or other
high Crimes and
Misdemeanors.‖
AP Photo/Bob Daughtery
26. Abuse of Presidential Power
The House votes to impeach
the officer, it draws up
articles of impeachments and
submits them to the Senate,
which conducts the actual
trial.
Andrew Johnson was
impeached by the House,
but acquitted by the Senate.
President Bill Clinton was
impeached by the House
but not convicted by the
Senate.
27. Political Party Chief
Presidents extend political
power to disciplined party
members who support
presidential policies through
rewarding faithful party workers
and followers with government
employment and contacts (or
contracts). As lead fundraiser,
the president is able to draw
large crowds of donors for the
party through appearances at
dinners, speaking engagements,
President Bush with former
FEMA Director Michael Brown and other social occasions.
29. Presidents “Going Public”
Presidents go over the heads
of congress by ―going
public‖ which makes
compromises with Congress
much more difficult and
weakens legislators’
positions. The social media
capabilities are endless as
new forms like
Tweeter, Facebook, YouTube
, and phone applications
make it easier to reach out
directly to the public
attempting to influence
society.
31. Executive Organization
The Cabinet - Includes
the heads of fifteen executive
departments and others
named by the president.
Originally, the cabinet
consisted of only four
officials—secretaries of
state, treasury, and war, and
the attorney general.
Today, the cabinet numbers
fourteen department
secretaries and the attorney
general.
32. Executive Organization
President Obama added
seven additional members
to the cabinet.
Vice president
Chair of the Council of
Economic Advisers (CEA)
Administrator of the EPA
United States Trade
Representative (USTR)
U.S. Ambassador to the
U.N.
White House Chief of Staff
33. Executive Organization
3 Key Offices for the
Executive Office of
the President (EOP)
The White House
Office of
Management and
Budget
National Security
Council
34. Executive Organization
Key White House Staff
Legal council, secretary,
press secretary, and
appointments secretary
Chief of Staff - The person
who is named to direct the
White House Office and
advise the president
(formerly Chicago Mayor
Rohm Emanuel and
currently Bill Daley).
http://www.whitehouse.gov/
35. Executive Organization
The Office of
Management and Budget
(OMB)
Has broad fiscal powers
in planning and estimating
various parts of the
federal budget
Is a clearinghouse for
legislative proposals
initiative in the executive
agencies
http://www.whitehouse.gov/omb/
36. Executive Management
National Security Council (NSC) - Its regular attendees
(both statutory and non-statutory) are:
the Vice President,
the Secretary of State,
the Secretary of the Treasury,
the Secretary of Defense, and the Assistant to the President for
National Security Affairs.
The Chairman of the Joint Chiefs of Staff is the statutory
military advisor to the Council, and the Director of National
Intelligence is the intelligence advisor.
The Chief of Staff to the President, Counsel to the President,
and the Assistant to the President for Economic Policy are
invited to attend any NSC meeting.
37. Vice President
The formal duty of the VP is to
preside over the senate.
The VP is expected to participate
when there is a tie vote.
Cannot be from the same state as
the president.
Traditionally chosen by
presidential nominees to balance
the ticket both by location and
politically ideology.
Eight vice presidents have become
president because of the death of
Chris Klwponis/AFP/Getty Images
the president.
38. Vice President
Originally, there was no
formal language for vacancies
due to death.
In 1967, the Twenty-fifth
Amendment was passed,
establishing procedures in the
event of presidential
incapacity.
When a president believes that
AP Photo/White House, Cecil Stoughton
he or she is incapable of
performing the duties of
office, the president must
inform Congress in writing.
39. Succession
The Twenty-fifth Amendment
states in Section Two,
―Whenever there is a vacancy in
the office of the Vice President,
the President shall nominate a
Vice President who shall be
confirmed by a majority in both
Houses of Congress.‖
President Nixon’s first VP
resigned because of alleged
receipt of construction contract
kickbacks as governor of
Maryland, so Nixon chose
Gerald Ford as VP.
40. Succession
If the president and vice president die, resign, or are disabled, the
Speaker of the House will become president, after resigning from
Congress.
Next in line is the president pro tem of the Senate
Up until 1804, Electoral college members cast votes for two candidates, and the second place candidate became Vice-President. In 1804 the 12th Amendment to the constitution required the separate election of the President and Vice-President.
Once they are sent, the president must report to Congress within 48 hours.Unless Congress approves the use of troops within sixty days or extends the sixty-day time limit, the forces must be withdrawn.
President Obama with Russian Prime Minister Vladimir Putin
President Obama and Russian President Medvedev after Nuclear Start Treaty.
To correct this situation, Congress in 1976 passed the National Emergencies Act, which declared that any and all existing states of emergency would be terminated two years from the bill's enactment and that future presidential declarations would be subject to congressional review every six months.Read more: http://www.answers.com/topic/presidential-emergency-powers#ixzz1f7F5xDmI
President George W. Bush claimed executive privilege to prevent the disclosure to Congress of confidential communications or materials.President Bush also claimed executive privilege to prevent the White House and Justice Department staffers from testifying before Congress about the firing of several U.S. attorneys for political reasons. President Obama has also claimed executive privilege on several occasions.
Johnson was impeached for removing Edwin Stanton as Secretary of War and replacing him with Ulysses S. Grant.
Before joining the DHS/FEMA, Brown was the Judges and Stewards Commissioner for the International Arabian Horse Association (IAHA), from 1989-2001. After numerous lawsuits were filed against the organization over disciplinary actions that Brown took against members violating the Association's code of ethics, Brown resigned and negotiated a buy-out of his contract.