VIII.The Presidency-The Executive Department-Article II of the Constitution A. Qualifications years of age 2. Natural Born Citizen year resident of the U.S.

B. How is the President Elected. 1. The Electoral College a.Each state has the same number of electors as its number of Representatives and Senators b. DC has 3 electors ( XXIII Amendment) c. If a candidate does not get 270 votes then the House decides who becomes president. Each state has one vote (XII Amendment) d. If a Vice presidential candidate does not get 270 votes then the Senate decides who will be VP

Presidential Elections 1824 John Quincy Adams Andrew Jackson Popular Vote 108,740 votes153,544 votes Electoral College 84 votes99 votes 131 votes needed to win

Presidential Elections 1876 Rutherford B. HayesSamuel Tilden Popular Vote 4,036,298 votes 4,300,590 votes Electoral College 185 votes184 votes

Presidential Elections 1888 Benjamin HarrisonGrover Cleveland Popular Vote 5,439,853 votes 5,540,309 votes Electoral College 233 votes168 votes

Presidential Elections 2000 George W. BushAl Gore Popular Vote 50,456,062 votes 50,996,582 votes Electoral College 271 votes266 votes

c. Presidential Duties 1. Commander in Chief 2. Chief Executive a. Cabinet Department b. Independent Agencies c. Government Corporations d. Regulatory Agencies 3. Chief of State a. only the President may enter into treaties with 2/3 approval of the Senate 4. Chief Legislator

d. Impeachment 1. The president may be impeached only for “Treason, bribery or other high crimes and Misdemeanors” 2. The House impeaches, trial in the Senate. Chief Justice is the Judge if the president is impeached. A 2/3 vote of the Senate is necessary to remove.

e. What happens if there is a vacancy in the Presidency - SUCCESSION 1. Congress has power to set up succession (except VP). Order is as follows: a. VP b. Speaker of the House c. President Pro Temp d. Cabinet in order of SeniorityCabinet in order of Seniority

2.Suppose the President- Elect dies then VP-Elect takes office. XX Amendment

3.Suppose the president becomes disabled. XXV Amendment a. If the president becomes disabled, he writes a letter to the Speaker & President Pro temp. VP becomes acting president until President writes second letter saying he is ok.

July 13, 1985 Dear Mr. President: (Dear Mr. Speaker:) I am about to undergo surgery during which time I will be briefly and temporarily incapable of discharging the Constitutional powers and duties of the Office of the President of the United States. After consultation with my Counsel and the Attorney General, I am mindful of the provisions of Section 3 of the 25th Amendment to the Constitution and of the uncertainties of its application to such brief and temporary periods of incapacity. I do not believe that the drafters of this Amendment intended its application to situations such as the instant one. Nevertheless, consistent with my long-standing arrangement with Vice President George Bush, and not intending to set a precedent binding anyone privileged to hold this Office in the future, I have determined and it is my intention and direction that Vice President George Bush shall discharge those powers and duties in my stead commencing with the administration of anesthesia to me in this instance. I shall advise you and the Vice President when I determine that I am able to resume the discharge of the Constitutional powers and duties of this Office. May God bless this Nation and us all. Sincerely, Ronald Reagan

July 13, 1985 Dear Mr. President: (Dear Mr. Speaker:) Following up on my letter to you of this date, please be advised I am able to resume the discharge of the Constitutional powers and duties of the Office of the President of the United States. I have informed the Vice President of my determination and my resumption of those powers and duties. Sincerely, Ronald Reagan

b.If VP and Majority of Cabinet feel president is disabled they send letter to Speaker & President Pro Temp. Then VP becomes Acting President. 1) If President objects (by second letter to Speaker and President Pro Temp) then he resumes presidency. 2) However if VP and majority of cabinet send third letter (within 4 days of the President’s letter) VP becomes acting president and Congress must assemble within 48 hours and within 21 days decide if removal was ok by 2/3 vote of both houses.

f. What happens if there is a vacancy in the Vice-Presidency? a. The president appoints a new Vice President b. Both Houses of Congress must approve by a majority vote. XXV Amendment

g.What the maximum number of years a president may serve? 1. A president may serve no more than two full terms. 2. However, the president may serve a maximum of 10 years. 3. If a Vice President becomes president, because of succession then that Vice President may be elected for two more complete terms provided the total time does not exceed 10 years. Amendment XXII

h.Presidential Trivia 1.The president is inaugurated January 20. It used to be March 4. This date was changed in 1933 by the XXth Amendment. 2.The Legend of the man who was President for a day – David Rice Atchison. 3.The President and the Vice President may not be from the same state. XII Amendment (otherwise they could lose electoral votes) 4.The president pardons a turkey every year at Thanksgiving 5.The president gives a speech every year to Congress called “The State of the Union”