The Presidency Chapter 8

Executive Checks On Congress On Judiciary Power to Convene Congress Veto Power Carries out laws passed by Congress On Judiciary Appoints federal judges Refuse to implement decision Pardon Power

Checks on the Executive Congress Checks on Executive Impeach the President Refuse to confirm nominees Refuse to approve treaties (2/3 Senate) Override a president’s veto by 2/3 vote “Power of the purse”: Congress can fund Judicial Checks on Executive Declare executive actions unconstitutional Chief Justice presides over impeachment trial

Presidential Qualifications Article II requires president and vice-president to be… At least 35 years old Natural-born citizen Resident of the United States for 14 years Why?

Terms 4 year terms Initially no term limit in the Constitution 2 terms established by George Washington “Constitutional Monarch” feared by Framers Fear was eased when all presidents only served two terms Franklin D. Roosevelt successfully elected to 4 terms (1932-1944) Passage of 22nd Amendment, limiting the president to 2 terms or 10 years

Vice-President Same Constitutional qualifications as the president Two Constitutional duties Take over for the president Be the presiding officer of the Seante

Impeachment Article II “Treason, bribery, and other high crimes and misdemeanors” House may impeach with majority vote Senate may remove an official with 2/3 vote Chief Justice presides over impeachment Andrew Johnson and Bill Clinton – neither man was removed by Senate

Rules of Succession 8 presidents have died in office Article II: VP will take over duties for President Congress passed Presidential Succession Act(1947) lists in order those in line to succeed the president (after the VP): Speaker of the House President pro tempore of the Senate Secretaries by creation (state, treasury, defense…and so on)

Rules of Succession 25th Amendment Should a vacancy occur in the office of the VP, president would appoint a new VP with majority approval of Congress Nixon chose Ford to replace Agnew Ford chose Rockefeller after taking over for Nixon

20th Amendment Moved the ending and beginning of president/vice-president’s terms from March 4th to January 20th. Pushed Congress start date from March 4th to January 3rd. “Lame-duck” Amendment New President-elect chosen in November, doesn’t take office until January “Lame-duck” period: time in which an officeholder’s term is coming to an end Difficult to enact new policy/legislation

Constitutional Powers Administrative head of the nation Commander in Chief Convene Congress Veto legislation Appoint various officials Make Treaties Grant Pardons

Administrative Head of the Nation Article II “The executive power shall be vested in a President of the United States of America” “Laws be faithfully executed”

Commander in Chief Commander in Chief Article II states president is “Commander in Chief of the Army and Navy of the United States” Constitution names the president as the highest-ranking officer in the armed forces War Powers Act

War Powers Resolution an attempt by Congress to take back their power regarding war reaction to the Gulf of Tonkin Resolution 1. President notifies Congress 48 hours in advance of sending US troops into battle. 2. Troops cannot stay longer than 60 days without Congressional approval. 3. If Congress does not OK the action, the President has 30 days to remove the troops

Convene Congress Inform Congress of “the State of the Union” Can call Congress into special session on “extraordinary Occasions” Was important when Congress did not sit in nearly year-round sessions Little more than symbolic significance today

Veto Legislation President can veto any bill or resolution enacted by Congress Famous vetoes: Nixon vetoed War Powers Act (overridden by Congress), FDR vetoed 635 bills Threat of a presidential veto often prompts Congress to create legislation they know will receive presidential compliance Congress can override with a 2/3 vote in House and Senate Last 200 years, there have been 2,500 presidential vetoes and only 100 were overridden

Veto Legislation Veto Power 1873 Uylsses S . Grant proposed amendment giving presidents a line-item veto 1996 Congress enacted legislation giving the president power to veto provisions of bills w/o vetoing whole bill. Clinton v. City of New York: Supreme Court rules line-item veto unconstitutional

Appoint Various Officials President is given authority to appointed federal court judges, ambassadors, cabinet members, and other lesser officials Most are subject to Senate confirmation (majority vote)

Make Treaties President can make treaties with foreign powers Consent of the Senate (2/3) President can enter into an executive agreement, which does not need the consent of Senate Not binding on subsequent administrations

Power to Pardon President can grant pardons to individuals who have committed “offenses against the United States, except in cases of Impeachment” Ford pardoned former President Nixon Cost Ford a reelection Carter pardoned approximately 10,000 men who had fled the U.S. or gone into hiding to avoid draft (a.k.a draft-dodging)

Inherent Powers Derived or inferred from powers in the Constitution Executive orders: presidential directives that carry the force of law Dwight Eisenhower ordered the Arkansas National Guard into Little Rock, Arkansas to enforce court orders to desegregate the schools Jefferson’s Louisiana Purchase Lincoln suspending the writ of habeas corpus Lincoln’s blockade of southern ports

Presidential Establishment Vice President Cabinet First Lady Executive Office of the President (EOP) White House Office

The Vice President "[The Vice Presidency] is the most insignificant office that ever the invention of man contrived or his imagination conceived." - John Adams, 1st Vice President I do not propose to be buried until I am really dead." - Daniel Webster, on not accepting the Vice Presidency

Vice President The VP’s primary job is to assume office if the president dies or is incapacitated. A vice president is chosen for a few reasons: Balance the presidential ticket Geographically or politically

Cabinet Composed of the heads of the departments of the executive branch and a small number of other key officials NO Constitutional basis Membership based by tradition and presidential discretion 15 Positions Heads known as Secretaries (exception is Attorney General) See Page 297

Executive Office of the President Established by FDR in 1939 Created to provide the president w/ a general staff to help him direct the activities of the executive branch National Security Council, Council of Economic Advisors, Office of Management and Budget, Office of the Vice President, and U.S. Trade Representative

Office of Management and Budget (OMB) Located within the Executive Office of the President, works with president, employing budget and policy experts Many responsibilities Preparing president’s budget Designing president’s program Reviewing progress, budget, and program proposals of the executive department

National Security Council Established in 1947 Advises the president on military affairs and foreign policy

White House Staff Personal assistants, senior aides, clerical and administrative aides who are responsible for advising the president Not subject to Senate confirmation. Usually some form of personal relationship with the president.

President’s Role In Legislative Process More difficult with a divided government, creating gridlock Easier when there is a unified (one party controls legislative and executive braches) government Propose key plans during the honeymoon period

Budgetary Process and Legislative Implementation President sets national policy and priorities through his budget proposals Congress’s power of the purse FDR inserted himself into the legislative process after stock market crash

Policy Making Through Regulation Executive Orders Major policy changes Have the effect of making new policy Truman ends segregation Affirmative Action by LBJ

Limits on the Presidents ability to influence domestic policymaking Mandatory Spending: Spending not controlled by annual budget decisions makes it difficult to accomplish his/her policy goals Party Polarization: an increase in interparty differences could lead to the opposing party blocking policy goals Lame-Duck Period: Period where Congress is less responsive to the president’s policies and agenda

Public’s Perception of President Popularity follows a cyclical pattern Highest public approval at beginning Best chance of convincing Congress to follow his policy, known as the honeymoon period Factors that result in an increase in presidential popularity: Use of media positively, economy is good, crises and war Factors that result in a decrease in presidential popularity: scandals, expectations gap, economy is bad, and overall decline over terms