The President

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					The President
        Constitutional Qualifications
Article II, Section 1, Clause 5, of the
Constitution says that the President must:
Be “a natural born citizen” (born a citizen of the
 United States to be able to become President).

Be at least 35 years old
Theodore Roosevelt (41)
  John F. Kennedy (43)
  Ronald Reagan (71)

  Have lived in the United States for at least 14
             The Line of Succession

                                  Speaker of the House
VP Joseph Biden
                                  John Boehner

                  President pro    Secretary of State
                  tem of the       Hillary Clinton
                  Daniel Inouye
                  (D – HI)
     The Means of Obtaining Office
 Elections             Successions
                     death of president

resignation of
        The Electoral College
• Voters do not vote directly for the President.
  Instead, they vote for electors in the
  electoral college.
• All States, except two (Maine and Nebraska),
  select electors based on the winner of the
  popular vote in that State.
• Electors then meet in the State capitals on
  the Monday after the second Wednesday in
  December and cast their votes for President
  and Vice President.
          The Electoral College
• On January 6, the electoral votes cast are
  counted by the president of the Senate, and the
  President and Vice President are formally elected.
• If no candidate wins a majority of electoral votes
  (270), the election is thrown into the House of
            The Electoral College
There are three major defects in the electoral college:
It is possible to win the popular vote in the presidential
    election, but lose the electoral college vote (1824, 1876,
    1888, and 2000).

Nothing in the Constitution, nor in any federal statute,
  requires the electors to vote for the candidate favored by
  the popular vote in their State.

If no candidate gains a majority in the electoral college, the
   election is thrown into the House, a situation that has
   happened twice (1800 and 1824). In this process, each
   State is given one vote, meaning that States with smaller
   populations wield the same power as those with larger
Constitutional Powers of the President
Article II, Section 1 : “The executive
 Power shall be invested in a President
 of the United States of America.”

Section 2: “No person except a natural born
  Citizen …. shall be eligible for the Office of
  the President; neither shall any person be
  eligible to that Office who shall not have
  attained the Age of thirty five Years, and had
  been fourteen Years a resident within the
  United States.”
Constitutional Powers of the President
• Commander in Chief (control of military and the
  “Militia of the several States”
                   “may require the Opinion …of the
                   principal Officer in each of the
                   executive Departments”
      Constitutional Powers of the
Pardons and reprieves
                     negotiate and sign treaties

Appoint ambassadors

                      appoint Justices
                      and judges
        Constitutional Powers of the
Appoint Heads of Departments
                        give the State of the Union address

“recommend to their Consideration
such Measures as he shall
judge necessary and expedient”
       Constitutional Powers of the
Section 4: “The President, Vice President, and all Civil
  Officers of the United States, shall be removed from
  office on Impeachment for, and Conviction of, Treason,
  Bribery, or other high Crimes and Misdemeanors.”
Informal Expansion of Power
 events           public demands

           9/11 CBS   Street Footage   9/11 CNN

          Tower Collapse       Bush Speech
Informal Expansion of Power
  personalities   war and crisis

     the President and Congress
Chief Legislator: recommends and negotiates
 bills with Congress
                       signs or vetoes bills

             Convenes special sessions
   the President and Congress
President must sign legislation within ten
  days of passing Congress
No line-item Veto: must sign or veto bill
  as a whole
“pocket veto” – no override possible if
  bill passed in last ten days of a session
             Executive Orders
A directive to an executive agency, often with the
force of law; no specific authorization in the
Constitution, except that the president “faithfully
execute the laws of Congress.          Called the
“Ordinance Power” in the Constitution, though it
is undefined by the document.
                          Controversial, since it
                          can contradict acts of
                          Congress if President
                          has     conflicting   or
                          different interpretation
                          of the law
       Congress and the Military
• Article 1, Section 8, Clause 11: To declare War, grant Letters
  of Marque and Reprisal, and make Rules concerning Captures
  on Land and Water;
• Clause 12: To raise and support Armies, but no Appropriation
  of Money to that Use shall be for a longer Term than two Years;
• Clause 13: To provide and maintain a Navy;
• Clause 14: To make Rules for the Government and Regulation
  of the land and naval Forces;
• Clause 15: To provide for organizing, arming, and disciplining,
  the Militia, and for governing such Part of them as may be
  employed in the Service of the United States, reserving to the
  States respectively, the Appointment of the Officers, and the
  Authority of training the Militia according to the discipline
  prescribed by Congress;
  The President and the Military
• Article II, Section 2: 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
• Nonconstitutional duties: the use of presidential authority to
  move troops into combat situations without overt
  Congressional approval

                     and the Gulf
                     of Tonkin
        The President and the Military
Making Undeclared War
• Many Presidents have used the
  armed forces abroad without a
  declaration of war.
Wartime Powers
• The    President’s  powers      as
  commander in chief are far greater
  during a war than they are in
  normal times.
The War Powers Resolution
• The War Powers Resolution of
  1973 limits the President’s war-
  making powers.
The President and National Security
The War Powers Act:         Examples of the Act:
The president must notify   1986 – Granada
  Congress 60 days after    1989 – Panama
  moving troops into        1990 – Gulf War
  combat situations.
Also must consult           1993 – Somalia
  Congress whenever         1994 – Haiti
  possible and regularly    1995 – Bosnia
Conflict between            1997 – Kosovo
  Congressional power to    2001 – Afghanistan
  declare war and the       2003 – Iraq
  president as
  Commander in Chief        2011 – Libya!
    The President and the Public
Public Approval and its impact:
                   affects ability to pass leg.

affects ability to mobilize the public
(i.e GHW Bush and the Gulf War)
    The President and the Public
Public approval (cont.):
Mandates                           directive from the
                                    people” to pursue
                                    a particular policy
                                    or course of action
                the New Deal
                               the Square Deal
The Fair Deal
                          What’s the
                                  Big Deal?
The President and the Public
     Use of the media: “the bully pulpit”
TV              Radio             Press

        Roles of the President
Chief Diplomat   Ceremonial    Chief of State

   Commander in Chief         Chief Legislator
  The President as Chief Executive
The Cabinet: Heads of Government Agencies
                 the National Security Council

Council of Economic
                  Chief of
      The President and Foreign Policy
Constitutional powers of      Constitutional powers
  the President:                of Congress:
Receive and appoint
                              “regulate commerce
                                with foreign
Recognize countries
  (acknowledges the legal     “to declare war,make
  existence of another          rules concerning
  sovereign state)              captures on land
  (i.e. Vietnam, 1994)          and water”
                              To ratify treaties made
Negotiate and sign treaties     by the President

Commander-in-chief role
       The Vice President
“The vice-presidency isn't worth a
  pitcher of warm ****.”
        John Nance Garner (1932 – 1940)
          The Vice President
Constitutional duties:
Take over for the president in case of death of
  disability (25th Amendment)
                        Preside over the Senate
     The Vice President
          Informal roles:
Advisor     Ceremonial       Spokesman

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