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Chapter 14: The Presidency
Brown Brothers

Copyright 2010 Cengage Learning

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Copyright 2010 Cengage Learning
© AP/ Wide World Photos

Copyright 2010 Cengage Learning

5
© John Atherton /UPI /Bettmann /Corbis

Copyright 2010 Cengage Learning

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Copyright 2010 Cengage Learning

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© AP/ Wide World Photos
Copyright 2010 Cengage Learning

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11
AP Photo/Doug Mills
© AP/ Wide World Photos

13
© Kevin Lamarque/Reuters/Corbis

14
© 2002 AP/ Wide World Photos

Copyright 2010 Cengage Learning

15
Sec. 1: Election Procedures & Qualifications for Office

Executive: President & V.P.
4-year terms
Electoral College selection method;
each state has a proportional vote
Qualifications:
Natural-born citizen
35 years of age
Resident of U.S. for 14 years
V.P. takes over when POTUS is
removed, dies, resigns, unable to carry
out duties
Compensated for services
Oath: ―preserve, protect, defend
Constitution‖
Sec. 2: Powers
Commander-in-chief of armed forces
Require officers of executive

departments to give opinions on
subjects relating to their duties

Grant reprieves & pardons
Make treaties with advice & consent
of Senate (2/3 in agreement)
Appoint ambassadors, Supreme
Court Justices, other
government officers not
provided for in Constitution
(with Senate majority
confirmation)

Fill vacancies that may occur
during Senate recess
Sec. 3: Duties
Provide information on state of union
Recommend laws
Convene Congress on ―extraordinary‖
occasions

Adjourn Congress when chambers cannot agree
on time of adjournment

Receive ambassadors & other officials
Faithfully execute the laws
Washington: first state of union address, NYC
Jefferson: Discontinued speech; replaced with letter
Wilson: Reestablished speech
Roosevelt:

used phrase "State of the Union"

Calvin Coolidge: first on radio
Harry S. Truman: first on T.V.
Lyndon Johnson: first delivered in evening
Ronald Reagan: Only president to postpone address
Bill Clinton: delivered during impeachment trial
George W. Bush: first live on world wide web
Sec. 4: Impeachment & Removal from Office

All

civil officers, POTUS & VP, can
be removed for
treason, bribery, high crimes &

misdemeanors
President Andrew Johnson
1865 - 1869
Process of
Becoming President
• Nomination by one of two major
parties
• Majority of votes cast in Electoral
College
• If no candidate receives
majority, house elects president.
Each state delegation equals one
Electing the President
Electoral College:
Sec. 1: Election Procedures
• The Choice of Electors
• The Electors‘ Commitment
• Criticisms of the Electoral College

32
CARLSON © 2004 The Washington Post. Reprinted with permission of
Universal Press Syndicate.

33
How EC works:
Need greatest number of electors to win
 Each state’s EC vote total determined by number
of Representatives and Senators
 Each state: 2 senators; representatives
determined by population
 Connecticut: 7 total EC votes

 Minimum number of electors per state: 3
 District of Columbia’s EC votes same as WY
Breaking down numbers nationally…
538 electoral votes:

100 senators, 435 house members,
DC‘s 3 EC-votes
Need at least 270 to win (magic number)
How to Win a State‘s Electoral
Votes:
 Win ‗plurality‘ of popular vote to
win ECVs
 Except Maine and Nebraska:
Proportional plan

congressional districts
popular vote
Reforms: 12th Amendment
 Forces electors to cast separate votes
for Pres. & VP - prevent ties

 Old system:
Electors casted two votes for President.
Runner up V.P.
Could force enemies to work together:
Adams-Jefferson
Or, a tie is possible: Jefferson - Burr
Reforms: 23rd Amendment
 District of Columbia same as least
populous state (WY)
 WY chooses 3 electors, hence District
limited to 3 electors
 District originally envisioned as
center of government, not state

Did not have powers in EC
By 1960 had greater population than 13 of
50 states
United States Presidential
Elections and Electoral College
1789-2004
2004 Election Results
2004 Election County Results
Real Clear Politics: 2008 Electoral
College
Why the Electoral College
First: Prevents Tyranny of the Majority
Demagogues may attract many votes but no
guarantee they‘ll win individual states

Founders did not trust direct vote of
majority
Second:
Individual vote means more with
Electoral College
Instead of one of 120 million votes
nationally…
…yours is one of however many
voted statewide
Third: Preserves Federalism
Gives small states important role.

Lightly populated IA sees candidates
constantly
Without EC candidates promise large cities
what they want, get enough percentage there
to take election
Rural voter‘s concerns and others mean
nothing
EC respects big and small states, rural
areas and cities
WY‘s 3
ELCV‘s
have
more
impact
than
popular
votes of
its
citizens
THE PARADOX OF THE
PRESIDENCY

A Story of Great
Powers and Great
Limits
WHO CAN RUN IS LIMITED

The ―Natural Born Citizen‖
requirement.
What Does it Mean?
103
2008 presidential election:

Sen. McCain: born, Panama Canal
Zone, to two U.S. citizens
Is this considered natural-born?

The Constitution does not specify...
…yet, his birth status wasn‘t
an issue in 2008

Dodged that
bullet!
Sen. Obama:
mother, natural-born
citizen.
Father, Kenyan
national.
Mother age 18 at time
of birth, residing in
Hawaii.
According to laws at time, if only
one parent is a citizen, that parent
had to reside in U.S. for at least
10 years prior to birth; at least
five of which had to be after the
age of 16.
Obama‘s mother too young to meet
this requirement.
Yet Obama was born in U.S.
Question centered on interpretation
of ―natural-born‖ requirement
No naturalized citizen can run for
presidency
OPPONENTS
Repeal clause
Excludes gifted people due to technicalities

Doesn‘t appreciate value of immigrants
Prominent leaders barred from presidency
SUPPORTERS OF CLAUSE…
Requirement "protects" U.S. from foreign
interference
Who has better argument?
Head of State
Ceremonial: decorate war
heroes, dedications, hosting heads
of state, funerals, etc.
Washington assumed this power… like
recognizing nations
Chief Executive

Powers of Appointment, Removal, Grant
Reprieves and Pardons

Naming supreme court justices a great
power.
Why?
Commander-in-Chief

Wartime Powers
Ultimate decision-maker in military
matters
Powers shifted away from Congress
during past century
―President shall be
commander in chief of Army &
Navy of U.S., and militia of
states‖
Vague
Clarifying Confusion
War Powers Act, 1973
1.POTUS informs Congress 48 hours
before sending troops into action
2.Withdraw after 60 days unless
Congress declares war; passes
resolution
Truman sent troops to Korea
Reagan invaded Grenada

Clinton deployed troops to Haiti
All without asking Congress.
But

Congress technically declares
War!

Last ―war‖ was W.W. II
Korean, Vietnam, Iraq not
technically wars
Democracy v. Constitutional Dictatorship
When does Democracy works best?
During time of War or Peace?
Times of peace!

Democracy requires debate and compromise
Weakness is during fast moving crisis:
o President needs to move fast
o Reason POTUS‘s war powers vague
Chief Legislator
Influencing Legislation
Saying No to Legislation
The Line-Item Veto
POTUS proposes legislation
Congress not required to pass it.
POTUS must be persuasive to move
legislation through Congress.
Power of veto is most important tool
to influence legislation
A President can…
1. sign bill into law
2. Veto bill
~ Withhold signature
~ Return bill with explanation by 10 days
~ Measure nullified unless both chambers
override veto by 2/3rds vote
3. Take no action
~ Becomes law in 10 days without
signature
~ Unless congress adjourns by 10 days
Bill dies (pocket veto)
No explanation required
No override possible
POTUS is leader of his party
because:
Most visible

Highest ranking
Great sway over choice of
national committee
chairperson
Chair oversees platform and
supporting party candidates.
Leads National Party and Fifty
State Organizations:
Some presidents campaign hard
Each one different

Popularity ratings vs. party
building
Limitations as Party Leader:
 President of all Americans, not
just party
 Elected officials usually please
constituents before President
© 2004 AP/ Wide World Photos

131
132
Only three presidents —
Eisenhower, Reagan, and
Clinton — left office with
ratings at a level comparable
to that when they entered.
Some great or near great
Some average
Some below average or poor
Presidential
Greatness

135
Greatest source of strength: public
approval
Particularly with legislative
leadership

President Obama’s
Approval Ratings
Should a president‘s decision
making be shaped by public
opinion polls?
Executive order:
Rule issued by POTUS
Has effect of law
Executive Privilege:
Concerns keeping communication between
president and advisers private
Constitution silent on issue
Though widely recognized as legitimate
Element of separation of powers
SCOTUS Limits Executive Privilege
in cases of criminal
investigation:

United States v. Nixon –
(8 – 0 ruling)
No president ever impeached and convicted
Pres. Johnson impeached by
House, acquitted by Senate
Nixon resigned
Clinton, 2 counts of
impeachment, acquitted by Senate
Despite scandals BC
left office with 66%
approval rating.
Investigated, but never
charged for fraudulent
real estate dealings.
Improper relationship
with intern Lewinsky
led to impeachment
charges
Nixon resigned
presidency August
9, 1974.
Later pardoned by
Ford for any
federal crimes
committed while
in office.


The 25th Amendment:

When the Vice Presidency
Becomes Vacant
When the President is
temporarily incapacitated
The Vice President
Called to Duty
Before 1967:
No provision to fill
vacancy - POTUS
dies, VP succeeds,
VP remains vacant.
JFK Assassination:
LBJ sworn in; Air
Force one; 2 hrs. 8
min. after
assassination
Since 1967:
25th Amendment: ―…Whenever there is a vacancy in

office of V.P., President shall nominate a V.P.
who shall take office upon confirmation by
majority vote of both Houses of Congress‖
First Time Used:
V.P. Agnew resigns due to criminal charges

Ford nominated by Nixon for V.P. Oct. 12, 1973
Confirmed by Congress
What if POTUS temporarily disabled?
surgery; mental instability; kidnapped
Amendment also provides for this
situation
President Reagan shot;
incapacitated during
surgery
No presidential
succession took place
Last office
created is
last to
control
Presidency
14 the presidency 2 classes
14 the presidency 2 classes

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14 the presidency 2 classes

  • 1. Chapter 14: The Presidency
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  • 3. Brown Brothers Copyright 2010 Cengage Learning 3
  • 5. © AP/ Wide World Photos Copyright 2010 Cengage Learning 5
  • 6. © John Atherton /UPI /Bettmann /Corbis Copyright 2010 Cengage Learning 6
  • 8. © AP/ Wide World Photos
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  • 13. © AP/ Wide World Photos 13
  • 15. © 2002 AP/ Wide World Photos Copyright 2010 Cengage Learning 15
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  • 18. Sec. 1: Election Procedures & Qualifications for Office Executive: President & V.P. 4-year terms Electoral College selection method; each state has a proportional vote
  • 19. Qualifications: Natural-born citizen 35 years of age Resident of U.S. for 14 years
  • 20. V.P. takes over when POTUS is removed, dies, resigns, unable to carry out duties Compensated for services Oath: ―preserve, protect, defend Constitution‖
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  • 22. Sec. 2: Powers Commander-in-chief of armed forces Require officers of executive departments to give opinions on subjects relating to their duties Grant reprieves & pardons Make treaties with advice & consent of Senate (2/3 in agreement)
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  • 26. Appoint ambassadors, Supreme Court Justices, other government officers not provided for in Constitution (with Senate majority confirmation) Fill vacancies that may occur during Senate recess
  • 27. Sec. 3: Duties Provide information on state of union Recommend laws Convene Congress on ―extraordinary‖ occasions Adjourn Congress when chambers cannot agree on time of adjournment Receive ambassadors & other officials Faithfully execute the laws
  • 28. Washington: first state of union address, NYC Jefferson: Discontinued speech; replaced with letter Wilson: Reestablished speech Roosevelt: used phrase "State of the Union" Calvin Coolidge: first on radio Harry S. Truman: first on T.V. Lyndon Johnson: first delivered in evening Ronald Reagan: Only president to postpone address Bill Clinton: delivered during impeachment trial George W. Bush: first live on world wide web
  • 29. Sec. 4: Impeachment & Removal from Office All civil officers, POTUS & VP, can be removed for treason, bribery, high crimes & misdemeanors
  • 31. Process of Becoming President • Nomination by one of two major parties • Majority of votes cast in Electoral College • If no candidate receives majority, house elects president. Each state delegation equals one
  • 32. Electing the President Electoral College: Sec. 1: Election Procedures • The Choice of Electors • The Electors‘ Commitment • Criticisms of the Electoral College 32
  • 33. CARLSON © 2004 The Washington Post. Reprinted with permission of Universal Press Syndicate. 33
  • 34. How EC works: Need greatest number of electors to win  Each state’s EC vote total determined by number of Representatives and Senators  Each state: 2 senators; representatives determined by population  Connecticut: 7 total EC votes  Minimum number of electors per state: 3  District of Columbia’s EC votes same as WY
  • 35. Breaking down numbers nationally… 538 electoral votes: 100 senators, 435 house members, DC‘s 3 EC-votes Need at least 270 to win (magic number)
  • 36. How to Win a State‘s Electoral Votes:  Win ‗plurality‘ of popular vote to win ECVs  Except Maine and Nebraska: Proportional plan congressional districts popular vote
  • 37. Reforms: 12th Amendment  Forces electors to cast separate votes for Pres. & VP - prevent ties  Old system: Electors casted two votes for President. Runner up V.P. Could force enemies to work together: Adams-Jefferson Or, a tie is possible: Jefferson - Burr
  • 38. Reforms: 23rd Amendment  District of Columbia same as least populous state (WY)  WY chooses 3 electors, hence District limited to 3 electors  District originally envisioned as center of government, not state Did not have powers in EC By 1960 had greater population than 13 of 50 states
  • 39. United States Presidential Elections and Electoral College 1789-2004
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  • 96. Real Clear Politics: 2008 Electoral College
  • 97. Why the Electoral College First: Prevents Tyranny of the Majority Demagogues may attract many votes but no guarantee they‘ll win individual states Founders did not trust direct vote of majority
  • 98. Second: Individual vote means more with Electoral College Instead of one of 120 million votes nationally… …yours is one of however many voted statewide
  • 99. Third: Preserves Federalism Gives small states important role. Lightly populated IA sees candidates constantly Without EC candidates promise large cities what they want, get enough percentage there to take election Rural voter‘s concerns and others mean nothing EC respects big and small states, rural areas and cities
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  • 102. THE PARADOX OF THE PRESIDENCY A Story of Great Powers and Great Limits
  • 103. WHO CAN RUN IS LIMITED The ―Natural Born Citizen‖ requirement. What Does it Mean? 103
  • 104. 2008 presidential election: Sen. McCain: born, Panama Canal Zone, to two U.S. citizens Is this considered natural-born? The Constitution does not specify...
  • 105. …yet, his birth status wasn‘t an issue in 2008 Dodged that bullet!
  • 106. Sen. Obama: mother, natural-born citizen. Father, Kenyan national. Mother age 18 at time of birth, residing in Hawaii.
  • 107. According to laws at time, if only one parent is a citizen, that parent had to reside in U.S. for at least 10 years prior to birth; at least five of which had to be after the age of 16. Obama‘s mother too young to meet this requirement.
  • 108. Yet Obama was born in U.S. Question centered on interpretation of ―natural-born‖ requirement No naturalized citizen can run for presidency
  • 109. OPPONENTS Repeal clause Excludes gifted people due to technicalities Doesn‘t appreciate value of immigrants Prominent leaders barred from presidency
  • 110. SUPPORTERS OF CLAUSE… Requirement "protects" U.S. from foreign interference Who has better argument?
  • 111. Head of State Ceremonial: decorate war heroes, dedications, hosting heads of state, funerals, etc. Washington assumed this power… like recognizing nations
  • 112. Chief Executive Powers of Appointment, Removal, Grant Reprieves and Pardons Naming supreme court justices a great power. Why?
  • 113. Commander-in-Chief Wartime Powers Ultimate decision-maker in military matters Powers shifted away from Congress during past century
  • 114. ―President shall be commander in chief of Army & Navy of U.S., and militia of states‖ Vague
  • 115. Clarifying Confusion War Powers Act, 1973 1.POTUS informs Congress 48 hours before sending troops into action 2.Withdraw after 60 days unless Congress declares war; passes resolution
  • 116. Truman sent troops to Korea Reagan invaded Grenada Clinton deployed troops to Haiti All without asking Congress.
  • 117. But Congress technically declares War! Last ―war‖ was W.W. II Korean, Vietnam, Iraq not technically wars
  • 118. Democracy v. Constitutional Dictatorship When does Democracy works best? During time of War or Peace?
  • 119. Times of peace! Democracy requires debate and compromise Weakness is during fast moving crisis: o President needs to move fast o Reason POTUS‘s war powers vague
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  • 121. Chief Legislator Influencing Legislation Saying No to Legislation The Line-Item Veto
  • 122. POTUS proposes legislation Congress not required to pass it. POTUS must be persuasive to move legislation through Congress.
  • 123. Power of veto is most important tool to influence legislation A President can…
  • 124. 1. sign bill into law
  • 125. 2. Veto bill ~ Withhold signature ~ Return bill with explanation by 10 days ~ Measure nullified unless both chambers override veto by 2/3rds vote
  • 126. 3. Take no action ~ Becomes law in 10 days without signature ~ Unless congress adjourns by 10 days Bill dies (pocket veto) No explanation required No override possible
  • 127. POTUS is leader of his party because: Most visible Highest ranking
  • 128. Great sway over choice of national committee chairperson Chair oversees platform and supporting party candidates.
  • 129. Leads National Party and Fifty State Organizations: Some presidents campaign hard Each one different Popularity ratings vs. party building
  • 130. Limitations as Party Leader:  President of all Americans, not just party  Elected officials usually please constituents before President
  • 131. © 2004 AP/ Wide World Photos 131
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  • 133. Only three presidents — Eisenhower, Reagan, and Clinton — left office with ratings at a level comparable to that when they entered.
  • 134. Some great or near great Some average Some below average or poor
  • 136. Greatest source of strength: public approval Particularly with legislative leadership President Obama’s Approval Ratings
  • 137. Should a president‘s decision making be shaped by public opinion polls?
  • 138. Executive order: Rule issued by POTUS Has effect of law
  • 139. Executive Privilege: Concerns keeping communication between president and advisers private Constitution silent on issue Though widely recognized as legitimate Element of separation of powers
  • 140. SCOTUS Limits Executive Privilege in cases of criminal investigation: United States v. Nixon – (8 – 0 ruling)
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  • 142. No president ever impeached and convicted Pres. Johnson impeached by House, acquitted by Senate Nixon resigned Clinton, 2 counts of impeachment, acquitted by Senate
  • 143. Despite scandals BC left office with 66% approval rating. Investigated, but never charged for fraudulent real estate dealings. Improper relationship with intern Lewinsky led to impeachment charges
  • 144. Nixon resigned presidency August 9, 1974. Later pardoned by Ford for any federal crimes committed while in office.
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  • 148.  The 25th Amendment: When the Vice Presidency Becomes Vacant When the President is temporarily incapacitated
  • 150. Before 1967: No provision to fill vacancy - POTUS dies, VP succeeds, VP remains vacant. JFK Assassination: LBJ sworn in; Air Force one; 2 hrs. 8 min. after assassination
  • 151. Since 1967: 25th Amendment: ―…Whenever there is a vacancy in office of V.P., President shall nominate a V.P. who shall take office upon confirmation by majority vote of both Houses of Congress‖ First Time Used: V.P. Agnew resigns due to criminal charges Ford nominated by Nixon for V.P. Oct. 12, 1973 Confirmed by Congress
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  • 154. What if POTUS temporarily disabled? surgery; mental instability; kidnapped Amendment also provides for this situation
  • 155. President Reagan shot; incapacitated during surgery No presidential succession took place
  • 156. Last office created is last to control Presidency