THE AMERICAN PRESIDENCY UNIT 16

Preview Constitutional Convention (1787) Powers of the President: executive, judicial, legislative, foreign affairs, military Checks and balances: limitations of presidential powers Elections Impeachment

THE CONSTITUTIONAL CONVENTION Philadelphia, May-Sept.1787 The Founding Fathers had two opposing fears regarding the office of the Presidency: 1) Making it too powerful might lead to tyranny 2) Making it too weak might repeat the mistakes of the Articles of Confederation Independent executive with definite and important powers and limitations upon those powers

THE CONSTITUTION OF THE U.S. ARTICLE II: THE EXECUTIVE BRANCH 1. Term of Office The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected as follows:

2. Number of Presidential Electors per State Each state shall appoint …a number of electors, equal to the whole number of Senators and Representatives to which the state may be entitled in the Congress (…)

3. Election Procedures of the Electoral College and Congress (The electors shall meet in their respective states, and vote by ballot for two persons (…) And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and cerify, and transmit sealed to the seat of the governmnt of the US, directed to the president of the Senate.

3.Election Procedures of the Electoral College and Congress The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President (…)

4. Nationwide Election Day The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States

5. Requirements Set for the President No person except a natural-born citizen shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years and been fourteen years a resident within the United States

6. Filling a Presidential Vacancy In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President (…)

7. Salary of the President The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any one of them.

8. Presidential Oath of Office Before he enter on the execution of his office, he shall take the following oath or affirmation: - „I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States.”

Section 2. Powers of the President 1. Military, Executive, and Judicial Powers. The President shall be Commander in chief of the Army and Navy of the United States (…) and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment

2. Treaty Making and Appointive Powers With the Consent of the Senate He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, with the advice and consent of the Senate (...) ambassadors, other public ministers and consuls, judges of the Supreme Court and all other officers of the United States, whose appointments are not herein otherwise provided for (…)

3. Further Powers of the President: Legislative, Diplomatic, and Executive He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient;

3. Further Powers of the President: Legislative, Diplomatic, and Executive he may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper;

3. Further Powers of the President: Legislative, Diplomatic, and Executive He shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States

POWERS OF THE PRESIDENT Executive Legislative Judicial Foreign Affairs Military Powers

Executive Powers The President enforces the Constitution and the laws passed by Congress; executive orders Appoints all important government officials, including Cabinet officers and members of administrative agencies The head of state, ceremonial head of the government and symbol of national unity

Appointments An incoming president may make up to 6,000 appointments before he takes office and 8,000 more during his term. Ambassadors, members of the Cabinet, and other federal officers - appointed by a president with the “advice and consent” of a majority of the Senate

Removal from office The President can remove any executive officer from office if he thinks this is necessary

Executive order A directive issued by the President or the Administration requiring certain acts to be carried out in domestic or foreign situations In other countries, similar edicts are known as decrees. Some orders - the force of law when made in pursuance of certain Acts of Congress, when those acts give the President discretionary powers.

Legislative Powers Every bill passed by Congress must be signed by the President The power of veto

Legislative powers If the President vetoes a bill, he must do so within 10 days otherwise the bill will automatically become law Congress can override the President’s veto by a two-thirds vote of each house

Legislative powers If a bill is presented to the President in fewer than 10 days before Congress adjourns, he no longer has the constitutional 10 days to reflect upon a bill

Pocket veto In this case, if the President remains silent, the bill cannot become law This is called the „pocket veto” If the bill is vetoed in this way, Congress must begin the whole procedure again at the new session

Power of veto Until recently the President could only accept or reject a complete bill Now he has the possibility to veto only specific parts of a bill without affecting its other provisions

Legislative powers President cannot directly introduce legislative proposals for consideration in Congress. He can take an indirect role in shaping legislation, esp. if the president's party has a majority in one or both houses of Congress.

Legislative powers President or other officials of the executive branch may draft legislation and then ask senators or representatives to introduce them into Congress. President can further influence the legislative branch through constitutionally mandated, periodic reports to Congress. These reports may be either written or oral, but today are given as the State of the Union Address, which often outlines the president's legislative proposals for the coming year.

Judicial Powers The President may grant pardons in cases involving federal crimes, except in cases of impeachment Appoints all federal judges; however, it is impossible for the President to remove a justice from the Supreme Court – their tenure is guaranteed „during good behaviour”

Powers Over Foreign Affairs Determines the foreign policy of the nation and is responsible for the conduct of foreign affairs Appoints the Secretary of State, ambassadors, consuls and ministers; subject to the Senate’s approval Directs diplomatic matters and negotiates treaties with other countries Receives foreign ambassadors, may recognize or refuse to recognize foreign governments

Foreign affairs: Treaties Treaties – considered as the supreme law of the land, together with the Constitution and federal statutes Congress exerts control over the executive because it has to pass legislation to implement the terms of a treaty Treaties are not „self-executing”

Foreign Affairs: Treaties The ratification of treaties may take a long time Most minor foreign policy matters are handled in the form of executive agreements which are easier to negotiate and can be implemented without Congressional action This gives the President a larger sphere of activity and considerable autonomy

Military Powers Commander-in-chief of the armed forces Appoints the top military commanders and may remove them from their commands May order the armed forces into action within the U.S. and in other countries

LIMITATIONS ON PRESIDENTIAL POWERS: Executive Powers Appointments of important government officials require approval by a majority of the Senate Executive orders may be challenged in the courts and reviewed as to their constitutionality

Limitations of Legislative Powers President’s requests for legislation need not be passed by Congress His veto may be overriden by a two-thirds vote of each House of the Congress His party members may refuse to back up his programs

Limitations on Judicial Powers Appointments of federal judges require the approval of a majority of the Senate Federal judges have life tenure and decide cases independently of Presidential wishes or judgement Power to grant pardon does not extend to cases of impeachment

Foreign Affairs Appointments of major foreign affairs officials require the approval of a majority of the Senate Treaties with other countries go into effect only if ratified by two-thirds majority of the Senate His foreign policies may be examined and criticized by Congress committees

Limitations on Military Powers Presidential authority does not extend to declaring war, for that power resides exclusively in Congress Management of the military depends upon Congressional legislation authorizing conscription and development of weapons Funds for military expenditures require Congressional allocations of funds

Elections Article II, Section 1, Clause 5 of the Constitution sets the requirements to hold office. A president must: be a natural-born citizen of the United States; be at least thirty-five years old; have been a permanent resident in the U.S. for at least 14 years.

Elections A general election takes place in November every 4 years Other than the President and Vice-President, one third of the Senate, all members of the House of Representatives, many governorships and thousands of public officials are up for election

Electoral process 1. Primary elections and State Caucuses 2. The National Conventions 3. The Electoral Campaign 4. Election Day and the Electoral Vote

The National Conventions In July and August before a general election, delegates to each of the two major Conventions meet to select their party nominees

The National Conventions: functions 1. Each party selects its nominees for President and Vice-President 2. Each party attempts to unify different factions within the party behind its candidates 3. Each party lays out a program of action to be followed if their candidate wins: party platform

The Electoral Campaign Runs from early September until Election Day in November Candidates visit a maximum number of states, concentrating their efforts on the most populous ones having an important number of electoral votes

Election Day and the Electoral Vote Citizens eligible to vote may go to the polls the first Tuesday in November Voters do not vote directly for a presidential candidate, but rather for an elector Totality of electors form the Electoral College translates the popular vote into the electoral vote

The key to the Electoral College Each state has a certain number of electoral votes according to its population The candidate who receives a majority of the popular vote in a state, wins all the electoral votes of that state

The key to the Electoral College In order to win an election, a candidate must have a majority of the electoral vote, or 270 of the 538 votes in the Electoral College

The key to the Electoral College This number is equal to the composition of the Congress: 100 Senators 435 Representatives 3 District of Columbia 538

Electoral College map 2012 President Obama won the popular vote in 26 states ( blue) to capture 332 electoral votes. Former Governor Romney won the popular vote in 24 states (red) to capture 206 electoral votes

Electoral college https://www.youtube.com/watch?v=g5PbodZMA2M

Inauguration Day The President Elect is „sworn into office” by the Chief Justice of the Supreme Court on January 20th

1st American President George Washington (February 22, 1732 -December 14, 1799)

Impeachment Power of Congress An extreme check upon the President Formal accusation made by a legislature against a public official charging crime or serious misconduct

Impeachment against the President The House of Representatives by majority vote may bring impeachment charges against the President for “treason, bribery, or other high crimes and misdemeanors” The Senate, with the Chief Justice of the Supreme Court presiding, acts as the jury and hears the charges The Senate requires a two-thirds vote to declare the President guilty and remove him from office

The Impeachment of Andrew Johnson (1868) Johnson became President following Lincoln’s assassination (1865) Retained Lincoln’s Cabinet, including Secretary of War Edwin Stanton, who demanded harsh measures against the South Johnson favored lenient treatment of the South

The Impeachment of Andrew Johnson (1868) The Tenure of Office Act (1867) prohibited the President from discharging any major government official without consent of the Senate; in spite of this, Johnson fired Stanton Impeached by the House of Representatives Tried before the Senate, Johnson was declared not guilty by a one-vote margin

The Resignation of Richard Nixon (1974) Watergate: 1) a series of political scandals, 2) the June 1972 break-in at Democratic national headquarters in Washington at the Watergate apartments to steal documents and “bug” the offices, and the subsequent efforts to hide involvement of top administration officials by a cover-up

The Resignation of Richard Nixon (1974) Nixon claimed he had no knowledge of the Watergate break-in; refused the prosecutor’s request to hand in additional tapes on the ground of executive privilege – the right of the President to maintain the confidentiality of his records

The Resignation of Richard Nixon (1974) Two articles of impeachment: 1) obstructing justice in the Watergate cover-up 2) abuse of Presidential power for personal purposes

The Impeachment of Bill Clinton (1998) The House of Representatives voted on four articles of impeachment: 1) obstruction of justice, 2) lying under oath (perjury), 3) witness tampering, 4) abuse of power

The Impeachment of Bill Clinton (1998) The House approved two articles that accused Clinton of perjury and obstruction of justice The Senate rejected both articles of impeachment in February 1999 Both Senate votes fell considerably short of the two-thirds majority required for a conviction

Summary Constitutional powers of the President: Head of state Chief executive Commander in chief Chief diplomat Legislative powers Limitations of presidential powers: “checks and balances” Elections Impeachment

Legal terms A proposed or projected law: Bill Accusation of a public official for misconduct, aiming at his removal from office impeachment

Legal terms A written accusation that person has committed a crime Indictment A person who institutes an official prosecution before a court Prosecutor To examine or investigate judicially Try To find or declare guilty of an offence or crime convict

Legal terms A betraying, treachery, or breach of faith against the government: Treason The taking or giving money for the performance or non-performance of a public duty bribery

Legal terms A crime of a serious or aggravated nature; an offence which the U.S. Senate deems to constitute adequate grounds for removal of the president, vice president, or any civil officer as a person unfit to hold public office and deserving of impeachment High crime

Legal terms Misbehaviour or misconduct; otherwise, a less serious crime that is punishable by a fine or a prison sentence of short duration Misdemeanor Deliberate violation of a rule of law or standard of behavior, especially by a government official misconduct

Fill in the missing words: appoints, chief Congress, enforces, Executive, government, orders , ___powers. The President___ the Constitution and the laws passed by___. For these purposes, he may issue executive___. He___ all important government officials, including Cabinet officers and members of administrative agencies. He is the ___of state, or ceremonial head of the ____and symbol of national unity.

Key Executive Powers. The President enforces the Constitution and the laws passed by Congress. For these purposes, he may issue executive orders. He appoints all important government officials, including Cabinet officers and members of administrative agencies. He is the chief of state, or ceremonial head of the government and symbol of national unity.

Put the verbs in brackets into appropriate forms The legislative powers of the President ____(limit, passive). His requests for legislation need not __(pass, passive) by Congress either in regular of special sessions. His veto may ___(override, passive) by a two-thirds vote of each House of Congress. His party members may ___(refuse) to back his program

Key The legislative powers of the President are limited. His requests for legislation need not be passed by Congress either in regular of special sessions. His veto may be overriden by a two-thirds vote of each House of Congress. His party members may refuse to back his program

appointments, impeachment, judicial, judgment, pardons, Senate, tenure The ___powers of the President are limited. His___ of federal judges require the approval of a majority of the___. Federal judges have life___ and decide cases independently of Presidential wishes or___. His power to grant ___for federal offenses does not extend to cases of___.

Key: The judicial powers of the President are limited. His appointments of federal judges require the approval of a majority of the Senate. Federal judges have life tenure and decide cases independently of Presidential wishes or judgment. His power to grant pardons for federal offenses does not extend to cases of impeachment.