Hail to the Chief The Power of the American Presidency

Describe the following political cartoon. Jumpstart Assignment Describe the following political cartoon. Describe What’s Happening in the Cartoon

Executive Branch: Inception The Articles of Confederation: combined executive and legislative branches The Virginia Plan: proposed separate executive and legislative branches Some feared a strong executive branch could lead to tyranny or monarchy Checks on executive power The Articles of Confederation, which in 1777 formally established America’s first national government, instituted a unicameral (one house) legislature that exercised both legislative and executive powers. However, the weakness and ineffectiveness of the national government in dealing with the new nation’s political and economic problems led many to call for revisions to the Articles. Although the state delegates who met in Philadelphia in 1787 were only supposed to fix the Articles’ defects, they soon adopted a motion by Edmund Randolph of Virginia to create an entirely new government. Randolph then introduced a proposal that became known as the “Virginia Plan.” Written largely by James Madison, the Virginia Plan called for a government with three branches: executive, legislative, and judicial. A debate ensued as to how powerful the new executive branch should be. Some (most notably James Wilson of Pennsylvania) advocated a strong executive who would be independent of both the national legislature and the states. Others feared that a strong executive could lead to tyranny or even an American monarchy. After much argument, the framers of the Constitution settled on having a strong executive branch, but instituted checks on executive power designed to prevent possible abuses. Pennsylvania delegate James Wilson

Demographic Characteristics of U.S. Presidents 70% politicians 63% lawyers >50% from the top 3% wealth and social class 0.5% born into poverty 69% elected from large states 100% male 97% Caucasian 97% Protestant 82% of British ancestry 77% college educated http://www.presidentsusa.net

Constitutional Qualifications Must be at least 35 years old Must have lived in the United States for 14 years Must be a natural born citizen And that’s it!!!

The President’s Term Until 1951, the Constitution placed no limit on the number of terms a President might serve. Presidents limited the number of terms served to two. This tradition was broken by Franklin D. Roosevelt in 1940 when he ran for and won a third term in office. He then went on to be elected to a fourth term in 1944. The 22nd Amendment placed limits on presidential terms. A President now may not be elected more than twice or only once if they became President due to succession. Chapter 13, Section 1

Presidential Term of Office The two-term precedent The 22nd Amendment The Constitution originally had no limits on how many terms a president could serve. However, George Washington, America’s first president, chose to serve only two terms because he felt that serving longer would set a bad precedent and make the office become too powerful or king-like. Until the 1940s, all presidents followed Washington’s unofficial example and no two-term president tried to run for a third term. In 1940, President Franklin Roosevelt broke the two-term precedent and ran for a third term; he not only won that year but went on to win a fourth term in 1944. In 1951, the 22nd Amendment was ratified: it stipulated that no one can be elected president more than twice. FDR remains the only person to be elected president more than twice. President Franklin D. Roosevelt was elected to four terms George Washington set the two-term precedent

Presidential Benefits $400,000 taxable salary $50,000/year expense account $100,000/year travel expenses The White House Secret Service protection Camp David country estate Air Force One personal airplane Staff of 400-500 Christmas at the White House, 2004

Presidential Roles

Head of State Chief Diplomat; Symbol of the US

Head of State Queen Elizabeth and President Reagan, 1983 President Kennedy speaks at Berlin Wall, 1963

Chief Executive Administrator of the federal government Chinese Presidents Visit to the US

Chief Executive President Clinton with Janet Reno, the first female Attorney General, February, 1993 President Bush holds cabinet meeting in October, 2005

Civilian commander of the US Armed Forces Commander in Chief Civilian commander of the US Armed Forces

Commander-in-Chief President Johnson decorates a soldier in Vietnam, October, 1966 President Bush aboard U.S.S. Lincoln, May, 2003

Chief Legislator National agenda setter; proposes bills for consideration in Congress

Chief Legislator President Clinton delivers the State of the Union Address, 1997 President Roosevelt signs into law the Social Security Act, 1935

Political Party Leader Head of the party who assists in member’s elections or appointment to office Barack Obama delivers his Inaugural address in front millions in Washington and millions more on worldwide TV.

Political Party Leader President Reagan & Vice-President Bush accepting their party’s nomination in 1980

Crisis Manager Lead country through disasters, both natural and man-made President Barack Obama wipes away a tear during his speech at the event "Together We Thrive: Tucson and America" honoring the January 8, 2011 shooting victims

Crisis Manager President Bush at Ground Zero after 9-11 Vice-President Johnson sworn in aboard Air Force One after President Kennedy’s assassination, 1963

Moral Persuader The White House as a bully pulpit (From President T. Roosevelt, meaning a platform from which to persuasively advocate and agenda. Word “bully” means superior.”

Moral Persuader President Roosevelt and the “Bully Pulpit,” 1910 President Lincoln during the Civil War, 1862

Role of the Vice President

Role of the Vice President ____ 1. The vice president is also the president of the Senate. _____2. The vice president is also head of the judicial branch and presides over the Supreme Court. ____ 3. The vice president and cabinet are part of the legislative branch. ____ 4. The vice president is first in the line of succession to the presidency. ____ 5. The Constitution notes only one official role for the vice president. ____ 6. The qualifications for the vice presidency are not the same as those for the presidency. ____ 7. The vice president administers the oath of office to the president.

Presidential Disability Sections 3 and 4 of the 25th Amendment provide procedures to follow when the President is disabled. The Vice President is to become acting President if: (1) the President informs Congress, in writing, “that he is unable to discharge the powers and duties of his office,” or (2) the VP and a majority of the members of the Cabinet inform Congress, in writing, that the President is thus incapacitated. Chapter 13, Section 2

The 25th Amendment Deals with instances in which the president dies or becomes disabled Established an order of succession Set rules for choosing a new vice-president When President Kennedy was killed in November of 1963, it highlighted the fact that the Constitution had no set procedure in place to determine who would assume the office if a sitting president died. The 25th Amendment was designed to remedy this oversight. The amendment established an order of succession if the President dies: (1) Vice President; (2) Speaker of the House; (3) President pro tempore of the Senate; (4) Secretary of State; (5) the rest of the Cabinet members in the order that their office was created by Congress It also set a procedure for occasions where a new vice-president needs to be selected: the president nominates someone, then the person has to be confirmed by both houses of Congress. The 25th Amendment also outlines what needs to happen in cases where a president becomes disabled. When a president knows he will be “unable to discharge the duties of his office” (usually due to a medical condition or operation), he can temporarily transfer power, allowing the vice-president to serve in his place until he recovers. In cases where a president unexpectedly becomes incapacitated, the amendment allows for the vice-president to become acting president only after he and the “principal officers of the executive departments” (i.e., members of the cabinet) attest to the president’s incapacitation in a written declaration they send to the president pro tempore of the Senate and to the Speaker of the House. Lyndon Johnson takes the presidential oath of office after the assassination of JFK

Presidential Succession Act of 1947 Provides an official line of succession should something happen to the President or Vice President. Non-Natural-Born citizens are ineligible Must have been confirmed by Senate 14 VP’s have went on to become President. 5 of our last 11 Presidents were once VP.

Vice President Joe Biden-D

Speaker of the House John Boehner - R

President Pro Tempore of the Senate Patrick Leahy-D

Secretary of State John Kerry-D

Secretary of the Treasury Jacob Lew-Ind

Presidential Powers of the United States

Constitutional Powers Powers/duties are very limited “executive power” – enact/enforce law Military Power Diplomatic Power Appointment Power Veto Power

Formal Powers of the President Constitutional or enumerated powers of the presidency Found primarily in Article II of the Constitution

Formal Powers: Commander-in-Chief (National Security Powers) Commander in Chief of the Army & Navy Commander in Chief of the state militias (now the National Guard) Commission all officers

Formal Powers: Commander-in-Chief - Examples Abraham Lincoln as Commander in Chief during Civil War FDR during WWII Eisenhower sends army to segregate HS in Little Rock, AR (1957) George W. Bush deploys National Guard reservists in Iraq

Formal Powers: Chief Executive (Administrative Powers) “Faithfully execute” the laws Require the opinion of heads of executive departments Grant pardons for federal offenses except for cases of impeachment Nominate judges of the Supreme Court and all other officers of the U.S. with consent of the Senate Fill vacancies that may happen during recess of the Senate

Formal Powers: Chief Executive - Examples Washington created the first cabinet (1789) President Ford pardoned Richard Nixon (1974) President Reagan appoints first female Supreme Court Justice (1981)

Formal Powers: Foreign Affairs (National Security Powers) Appoint ambassadors, ministers and consuls Make treaties subject to Senate confirmation Receive ambassadors

Formal Powers: Foreign Affairs - Examples President Kennedy negotiates the Nuclear Test Ban Treaty with the USSR

Formal Powers: Chief Legislator (Legislative Powers) Give State of the Union address to Congress Recommend “measures” (legislation) to the Congress Upon “extraordinary occasions” convene both houses of Congress Adjourn Congress if House and Senate can not agree on adjournment

Formal Powers: Chief Legislator (cont.) Presidential Veto Veto Message within 10 days of passing the House of origin Pocket Veto - President does not sign within 10 days Congress can override with 2/3 majority from both Houses Veto Politics Congressional override is difficult (only 4%) Threat of veto can cause Congress to make changes in legislation

Formal Powers: Chief Legislator - Examples George Washington gave the first State of the Union address FDR and the New Deal Obama and Stimulus Plan

JUDICIAL POWERS Grant reprieves and pardons for federal offenses (except impeachment) Nominate federal judges (including Supreme Court Justices), who are confirmed by the Senate

Informal Powers Those powers not explicitly written in the Constitution Similar to “necessary and proper” powers of Congress In the modern era (since 1933), the President’s informal powers may be significantly more powerful than his formal powers

Executive Orders Orders issued by the President that carry the force of law Clinton’s “Don’t ask don’t tell” gays in the military policy FDR’s internment of Japanese Americans GWB trying suspected terrorists in military tribunals Notice for Japanese “relocation,” 1942

Executive Agreements International agreements, usually related to trade, made by a president that has the force of a treaty; does NOT need Senate approval Jefferson’s purchase of Louisiana in 1803 GWB announced cuts in the nuclear arsenal, but not in a treaty; usually trade agreements between US and other nations

Executive Privilege Claim by a president that he has the right to decide that the national interest will be better served if certain information is withheld from the public, including the Courts and Congress United States v. Nixon (1973) – presidents do NOT have unqualified executive privilege (Nixon Watergate tapes)

Questions for Discussion Why are informal powers more important than formal powers, particularly to modern presidents? Identify several advantages and disadvantages of the use of the president’s informal powers. Has the use and perhaps abuse of the informal powers created an “Imperial Presidency?” Defend your answer.

War & Peace - Whose Power Is It? The War Powers Struggle Between the President and Congress

Constitutionally Speaking: War Powers

War Powers - President Commander in Chief of the Army & Navy Commander in Chief of the state militias (now the National Guard) Commission all officers Appoint ambassadors, ministers and consuls Make treaties subject to senate confirmation Receive ambassadors

Indirect War Powers – President “Faithfully execute” the laws Require the opinion of heads of executive departments Recommend “measures” to the congress Upon “extraordinary occasions” convene both houses of congress

War Powers - Congress Declare war Raise & support army & navy Ratify treaties (Senate) Advise & consent of ambassadors (Senate) Make rules concerning captures on land & water Organize, arm, train & provide for the militia Suppress insurrections & repel invasions

Indirect War Powers-Congress Make all laws necessary and proper for carrying out the expressed powers of the Constitution Regulate commerce with foreign nations Originate tax bill (House) Collect taxes, duties, excises (both Borrow (both) Define and punish offenses against the law of nations

War Powers Resolution - Purpose Full intent of the framers Insure “collective judgment” between Congress and the President occurs when US armed forces are introduced into hostilities Cites necessary and proper clause to grant Congress authority in WPR

The War Powers Resolution President must consult w/ Congress before introducing armed forces into hostilities Consult with Congress regularly until troops removed If war not declared, President must submit report to Congress within 48 hours of troop deployment President must remove troops after 60 days (+30 days for withdrawal) if Congress has not declared war