Executive Branch – The Presidency Unit III - Part 1

Constitutional Provisions Qualifications Natural born citizen 35 or older 14 year residency in US Election Electoral College Created by article II of the Constitution State’s electors = senators + representatives

Constitutional Provisions 23rd Amendment Addition of three electors from D.C. Choice of Electors Determined by state legislatures (1789-1828) Determined by popular vote (1832-present) S. Carolina state leg until 1864

Constitutional Provisions Distribution of a state’s electoral votes to candidates Determined by state legislatures Winner-take-all – all votes to winner Except in Maine and Nebraska – congressional districts Tallying of Votes Meetings in state capitals in December Mailing of Votes to D.C. Clarification in 12th Amendment (1804) One vote for president and one for VP

Constitutional Provisions Decision of the Electoral College Selection of President by a majority vote Procedure with no majority vote Selection by House of Reps with one vote per state If state’s reps tie then no vote Problems with current situation Distribution of votes not in line with popular vote with winner-take-all system No binding rule on electors to vote for the party candidate

Historical controversies 1796 election Selection of John Adams from Federalist Party as president Selection of Th. Jefferson from Democratic-Republican Party as VP 1800 election Nomination of electors by the two political parties Tie vote between D-R’s Th Jefferson (pres) and Aaron Burr (VP) Selection by House of Jefferson as Pres and Burr as VP Result – passage of 12th amendment Separate elections for president and VP

Election of 1824 Election of 1888 Only a plurality of popular and electoral votes for Andrew Jackson Selection of John Quincy Adams as pres by House Belief by Jackson of a “corrupt bargain” between JQA and Henry Clay Election of 1888 Plurality of popular vote for Grover Cleveland Selection of Benjamin Harrison as president by the electoral college – 233 to 168

Election of 2000 Plurality of vote for Al Gore Selection of George W. Bush as pres by electoral college 271 to 267 Bush v. Gore, 2000

Constitutional Provisions Term of office 4 year term with no limit on the number of terms Precedent of 2 terms by Geo. Washington until FDR’s election to a third and fourth term Limitation on terms in the 22nd amendment (1951) 2 consecutive elected terms with a maximum of 10 years in office if succeeded to office

Constitutional Provisions Succession Reasons for accession of the VP to Pres Death, Resignation, Impeachment Temporary or permanent inability of the pres to perform executive duty Outline of steps in decision in 25th amendment (1967) Notification by the pres or by VP and majority of Cabinet in writing to Congress Vote of 2/3 of Congress

Constitutional Provisions Presidential Succession Act (1947) Succession beyond the VP Speaker of the House President pro tempore of the Senate Secretary of State Rest of Cabinet Appointment by president with Senate approval of new VP when office is vacant 25th Amendment (1967)

Congressional Provisions Compensation Salary $400,000 per year since 2001 %50,000 per year expense account Housing White House Camp David

Transportation Fringe benefits Pensions Air Force One Helicopters Cars Health Care Travel and Entertainment Secret Service Protection Pensions $151,800 per year (2001), plus up to $150,000 for office and staff Former First Lady - $20,000 per year (2001)