America and its Presidents Proseminar WS 2006/07 Instructor: Steve Maksymiuk

Official information Office: R12 R03 A30 Office hours: Tuesdays 12:30-13:30 and by appointment Phone: TBA

Course Aims Introduction to the history and function of the office of President of the United States Survey of U.S. Presidents with later 20th century emphasis: Modules III and V

Course Requirements PS Landeskunde Regular attendance (2 unexcused absences maximum) Oral presentation (20 minutes) Final exam 60% + (final class)

The First U.S. Government colonies (Georgia refused) set up Continental Congress: united stand against Britain 1781 Articles of Confederation created confederation of 13 colonies Congress renamed: Congress of the Confederation

Congress of the Confederation Confederation: power at state level Ran matters of war & peace, Post office, minting coins, Native affairs (when states didn‘t want to) But: No power to tax, Create national army, or Make states listen to its authority

Problems No taxes to finance large military (Russians, British, Spanish still in America) War bonds not redeemed Trade restrictions between states

Drawing up a Constitution Philadelphia 1787: Constitutional Convention Goal: strong, united country Abolished Articles of Confederation New document: Constitution of the United States

U.S. Constitution Creation of federal republic – states and federal govt. share powers Bicameral Congress – House of Representatives and Senate President, elected every 4 years by Electoral College Supreme Court nominated by president and ratified by Senate

Presidential Powers (I) Commander in chief of armed forces Grant reprieves and pardons (exception: impeachment) Make treaties Appoint Supreme Court Justices and ambassadors

Presidential Powers (II) Convene Congress in emergencies Receive ambassadors Ensure that laws are faithfully executed (interpreted today as power to make policies) Sign or veto legislation passed by Congress

Checks and Balances (I) Congress can override President‘s veto with 2/3 majority (both houses) Senate can refuse to confirm presidential appointments Senate can refuse to ratify treaties (2/3 majority needed) Supreme Court can declare executive acts unconstitutional Congress can impeach and remove federal judges Congress can impeach and remove president

Checks and Balances (II) How to get impeached Article 2, Section 4 of the U.S. Constitution gives Congress power to impeach president for „Treason, Bribery, or other High Crimes and Misdemeanors“ House of Representatives recommend impeachment by a simple majority vote Senate tries the case and has power to impeach and remove president with a 2/3 majority vote

Checks and Balances (III) War Powers Act (1973) President must inform Congress in writing 48 hours after he commits troops into a hostile situation 60 days later Congress has to declare war or authorize continued commitment Congress can at any time pass a concurrent resolution (passed by both houses) to recall troops. President cannot veto this resolution

Checks and Balances (IV) Budget Act (1974) Presidents could refuse to spend money appropriated by Congress for certain programs (Back to Thomas Jefferson) Now president has to inform Congress if he does so Congress can pass resolution forcing president to spend this money.

Succession (if president removed, ill or dies) 1) Vice President 2) Speaker of the House 3) President pro tempore of Senate 4) Sec. of State 5) Sec. of Treasury 6) Sec. of Defense 7) Attorney General 8) Sec. of Interior 9) Sec. of Agriculture 10) Sec. of Comm. 11) Sec. of Labor 12) Sec. of Health 13) Sec. of Housing 14) Sec. of Transport 15) Sec. of Energy 16) Sec. of Ed.

Influence of Presidents on the Presidency – Some Examples (I) Early U.S. history, Congress dominated politics, presidents: caretakers implementing policies passed by Congress Andrew Jackson ( ) „Guardian of the people“ mission to protect them from excesses of Congress. Actively policy- maker; vetoed more legislation than all predecessors combined.

Influence of Presidents on the Presidency – Some Examples (II) Abraham Lincoln ( ) „presidential prerogative“ in emergencies (Civil War) executive can assume additional powers for good of the country Franklin Roosevelt ( ) „imperial presidency“ New Deal programs with large federal bureaucracy headed by President Richard Nixon ( ) Watergate scandal weakened presidency and gave Congress opportunity to pass War Powers Act (1973) and Budget Act (1974)

The Role of the President Today Head of State Commander in Chief Chief Foreign Policy Maker Chief Executive Chief Legislator Crisis Manager Party Leader