The Executive 5.5 The President

Qualifications Listed in Article II of the Constitution Natural Born Citizen At least 35 years old Resident of the US for 14 years prior to election

Historical Characteristics Political or Military experience Political acceptability Married White male Protestant Northern European ancestry

Term and Tenure Popularly elected American concept Federalist #70 explains reasons for Single executive Elected indirectly through the electoral college Four year terms Number of terms was unlimited until 1951 and the 22nd amendment

Succession and Disability Constitution says If president can no longer serve in office the Vice President will carry out the powers and duties of the office Does not state he will become the president Tradition started with the death of WH Harrison

25th Amendment VP becomes President New president nominates a new VP with approval of both houses of Congress If the president is unable to perform the duties of his office VP may become “acting” president under 1 of these conditions

Disability conditions of the 25th amendment The president informs congress of the inability to perform the duties of his office The VP and a majority of the cabinet inform Congress in writing that the president is disabled and unable to perform those duties The president may resume his duties upon informing congress no disability exists IF VP and cabinet disagree, congress has 21 days to decide the issue by a 2/3rd vote of both houses

Impeachment and Removal Allows for charges of wrongdoing against a governmental official House of Reps, brings charges Treason, bribery or other high crimes and misdemeanors Once charges have been levied by the House, the senate sits in judgement If found guilty the official MAY be removed from office Conviction requires a 2/3 vote of the senate

The Vice President Used to bury politicians Constitutional has 2 duties Preside over the Senate, casting tie votes if necessary. Help determine presidential disability under the 25th amendment and take over if necessary Formal qualifications are the same as for the president Does not have a limit on the number of terms he can serve, but must be able to take the presidency

The Vice President Selection occurs at the National Convention Often based on desire to “balance the ticket” To improve the candidates chances of winning the election Choosing someone from a different faction within the party Or a different geographic location in the country

The Vice President Today VP given more of a role Takes part in cabinet meetings Serves on the National Security Council Acts as Presidents representative on diplomatic missions Today more attention is given to the background, health, and other qualifications of Vice Presidents

Presidential powers Article II of the constitution The executive power of the government shall be invested in the President of the United States Power of the Modern President Comes from the men who have held the office and shaped the use of those powers

The Imperial Presidency After the 1960’s political scientists argued that the presidency had become so powerful that a form of imperial presidency existed Prior to the 1960’s the executive branch was small, with few staff, With the great depression the powers and executive agencies expanded, effectively bringing more power to the presidency After 9-11 Bush and VP Cheney argued for greatly expanded powers of the presidency in both domestic and foreign affairs to “combat terrorism”

Formal Constitutional Powers Commander-in-chief and thus has the power to deploy troops Appoints all necessary ambassadors subject to Senate confirmation Negotiates treaties, which are then subject to Senate Ratification Sole power to recognize nations Receives ambassadors and other public ministers

Informal Powers Party powers Leader of the party Choses the vice-presidential nominee Strengthens the party by helping members get elected (coattails) Appoints party members to government positions (patronage) Influences policies and platform of the party

Informal Powers cont. Recognized as global leader who meats with world leaders to build international coalitions Expected to manage international crisis Has access to confidential information that is not available to Congress or the public

*****Policy Agenda***** ???? How might the president use the powers of his office to influence it?

Executive agreements. A pact between the president and the head of a foreign states. Do not have to be approved by the senate Do not have the power of law Are not binding on future president

Executive Orders Have the same effect as law Bypass congress Not mentioned in the constitution Used as part of the enforcement powers of the president 1946 in Korematsu SCOTUS upheld relocation of Japanese Americans, today seen as a violation of civil liberties May be rescinded by future presidents.

Executive privilege Power of the president to refuse to disclose confidential information US v Nixon SCOTUS ruled in US v Nixon there is no guarantee of executive privilege In prior cases had ruled that there is an executive privilege if the president can make a case for national security

Federalist #70 Federalist #70 explains reasons for Single executive Elected indirectly through the electoral college Four year terms

***Modern debate*** How is the debate about the role of president, between a limited executive to a more expansive interpretation and use of power, reflected in modern events?