The presidency


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POSC 101

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  • 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Congress approves the use of troops within sixty days or extends the sixty-day time limit, the forces must be withdrawn.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:
  • 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.
  • The presidency

    1. The PresidencyGraphic Source
    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.
    3. Electoral College - 2012
    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 suchmajority, then from the persons havingthe highest numbers not exceeding threeon the list of those voted for asPresident, the House of Representativesshall choose immediately, by ballot, thePresident. But in choosing thePresident, the votes shall be taken bystates, the representation from each statehaving one vote; a quorum for thispurpose shall consist of a member ormembers from two-thirds of thestates, and a majority of all the statesshall 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 WelfareHousing & 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
    12. Presidential Appointments
    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
    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 formerFEMA Director Michael Brown and other social occasions.
    28. Presidential ConstituentsThe president has 3 constituencies The American public The members of his party The Washington community (Beltway insiders).
    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.
    30. Presidential Popularity
    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).
    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
    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
    41. The White House