Presidential Roles and Powers

Official Qualifications Natural-born citizen 14 years U.S. residency 35 or older YOUNGEST ELECTED: JFK (43) YOUNGEST TO SERVE: TR (42) OLDEST: REAGAN (69/73)

Term of Office POTUS serves 4-year terms Max # of terms: 2½ Salary: $400,000/year (set by Congress; cannot be changed during Presidential term) – 2001 increase first raise since 1969 Annual Expense Account: $50,000 (non-taxable) Pension: $143,800/year plus post- POTUS perks: speaking fees, memoirs, corporate boards of directors

Salary History 1789: $25, : $50, : $75, : $100,000 + $50,000 EA 1969: $200,000 + $50,000 EA 2001: $400,000 + $50,000 EA VP: $208,100 + $10,000 EA

Eschewing Presidency Before the end of his/her term, the POTUS can de-President through: Death Resignation Impeachment/Removal Disability In which case, Presidential Succession comes into play

Presidential Succession 1.VPOTUS (who then nominated a successor for Congressional confirmation) 2.Speaker of the House 3.President Pro Tem of Senate 4.Secretary of State 5.Secretary of Treasury 6.Secretary of Defense the rest of the Cabinet secretaries in order of the creation of their offices – Presidential Succession Act of 1947

Presidential Disability Disability is when the POTUS temporarily relinquishes his duties (usually due to illness) Takes effect in one of two ways (25 th Amendment): 1.POTUS informs Congress in writing that he is “unable to discharge powers and duties of office” or 2.VPOTUS and Cabinet majority inform Congress in writing

Presidential Disability (cont.) Disability period ends when POTUS informs Congress in writing that disability no longer exists VPOTUS & Cabinet majority can challenge POTUS return to office, if they do… …then Congress has 21 days to decide whether POTUS will return

Presidential Succession If POTUS leaves office for any reason, the order in which individuals ascend to the Presidency is: 1.VPOTUS 2.Speaker of the House 3.President Pro Tem of U.S. Senate 4. Secretary of State 5., etc: other Cabinet sec’ys

Presidential Roles The President’s functions are subdivided into roles, all of which he/she performs simultaneously

Chief Executive Powers: Implements/Enforces Laws, Treaties, Court Decisions Appoints officials to office and can fire them Issues executive orders (which have force of laws but do not need Congressional approval) to carry out laws (LBJ executive order # 11246: required affirmative action programs for federal contractors) Assisted by: Congress, Chief of Staff, Senior Staff members

Chief Executive (cont.) Checks: Congress passes laws and has “power of the purse” Senate can reject appointments and treaties Impeachment (by House) and removal (by Senate) Supreme Court can strike down executive orders

Chief Legislator Powers: Proposes legislation Vetoes legislation (but lacks line item veto – struck down by Supreme Court due to conflict with separation of powers) Message power Calls special sessions of Congress Makes State of the Union Address to Congress

Chief Legislator Assisted by: Congress, Chief of Staff, Senior Staff members Checks: Suggested legislation will not pass without Congress Congress can override veto with 2/3 majority in each house

Commander in Chief Power: Head of the armed forces (link with civilian supremacy) Assisted by: JCS, Secretary of Defense, Pentagon Checks: Congress appropriates funds for military Congress declares war War Powers Act of 1973

Chief Diplomat Powers: Sets overall foreign policy (confirmed by U.S. v. Curtiss-Wright, 1936) Appoints and receives ambassadors Negotiates treaties and executive agreements (have force of treaties but do not require Senate ratification) Gives diplomatic recognition to foreign governments

Chief Diplomat Assisted by: State Department, National Security Council, Ambassadors, Office of Protocol Checks: Congress appropriates funds for foreign affairs Senate can reject ambassadors and treaties

Head of State Power: Ceremonial leader of nation – tosses out first pitch, bestows medal of honor, visits natural disaster sites Most nations separate Chief Executives and Chief of State roles Assisted by: VPOTUS, First Family, White House staff (Protocol, Kitchens, etc.)

Chief Jurist Power: Appoints federal judges Issues pardons, amnesty, commutations, reprieves (to people convicted of federal crimes) Assisted by: Justice Department, Congress Checks: Senate can reject judicial appointments Senate can place “holds” on appts. Senate can filibuster confirmations

Chief Administrator Power: CEO of federal bureaucracy 3M employees; $1.7T annual budget Assisted by: OMB, Chief of Staff Checks: Congress appropriates funds

Non-Constitutional Roles Head of Political Party: Selects party’s national committee chairman Selects Vice Presidential nominee Midterm election support Primary fundraising force Chief Economist: Responsible for overall economic health Appoints Fed chairman Proposes federal budget