The President’s Job Description List five informal qualifications you think one should have in order to be seriously considered for the presidency. Formal Qualifications: “natural born Citizen” of U.S. 35 years of age 14 years residency in U.S. Born in Hawaii before it was a state Jus sanguinis issue- not place of birth, but parents citizenship What if one parent is Canadian and he’s born in Canada? Ted Cruz What if immigrant and naturalized citizen for 25 years?Is a governor too? Arnold Swartz.

Which Amendment limited the President to two terms and why? 22nd Amendment (1951): “No person shall be elected to the office of the President more than twice….” Maximum of two full terms [ 4 years/term] or 10 years Tradition of two-terms an informal amendment to Constitution- is it arbitrary and undemocratic? After FDR Pros and Cons to a one 6 year term?

Pay and Benefits Congress determines salary It can not be changed during a term $400,000 per year set in 1999, became effective January 20, 2001. Also provided with a $50,000-a-year expense allowance Plus fringe benefits: White House, staff, cars, planes, Camp David, healthcare Is this adequate and fair compensation?

The President’s Roles Six formal roles come directly from the Constitution Other roles have been assumed by Presidents throughout history

1. Chief of State 2. Chief Executive Ceremonial head of government Symbol of the nation’s ideals, principles, traditions “protect and defend the Constitution” (Art. II, s.1) “take care that the laws be faithfully executed” (Art. II, sec. 3) Executive Orders/Executive Privilege Can grant pardons Appointment power “Royal Family” issue and difficulty. Obama brews beer, plays bball, Gives state of the union address 2.Appoints about 1,000 out of 3 million- rest civil service laws dictate Executive order- directives and rules and regs. That have effect of law, given by Const. and Congress Executive privilege- can keep secrets from Congress and the courts Pardons- forgiveness or amnesty or commute sentences of federal criminals (not impeachment though), usually happens on last day in office

3. Chief Administrator Appointment and Removal Power Rule of Senatorial Courtesy – Senate will only approve appointees acceptable to Senators of Prez’s party from that state The Cabinet, White House Staff, federal judges, ambassadors, armed forces Director of Executive Branch/federal bureaucracy Over 2.7 million civilians; more than $2 trillion/year Crisis Manager 4k appts- judges, diplomats, military posts. Rewards supporters and ensures loyalty. Can remove who he appoints (not in Const.) Legacy- Stomayor and Kagen on Supreme Court

4. Chief Diplomat 5. Commander in Chief Chief architect of American foreign policy Appoints ambassadors Negotiates Treaties (with 2/3 Senate approval) Power of Recognition Final responsibility and authority for Armed Forces Delegates authority to Sec. Defense and Joint Chiefs Over 1 million troops subject to the President’s direct control 4. Acknowledge legal existence of a country and government Persona non grata= unwelcome 5. Is the term Comm. In Chief exaggerated? He’s not commander of civilians

The War Powers Resolution (1973) A result of growing frustration over Vietnam Provisions: 1) Within 48 hours after sending American forces abroad, President must report to Congress with details 2) Combat commitment must end within 60 days, unless Congress agrees to a longer period 3) Congress may end combat by passing a resolution to that effect Not yet tested

6. Chief Legislator Main architect of public policies Often shapes the congressional agenda Initiates, suggest, or pressures Congress to enact much major legislation Veto, Pocket Veto Pocket veto- do nothing Line- item veto- power to cancel out some provisions while approving others

Informal Roles Chief of party Leader of Political Party Parties not mentioned in Constitution, but play vital role in govt. Chief citizen Represent highest standards of citizenship Expected to work for and represent the public interest Chief of party- does polling, holds press conferences Chief citizen- morale builder, visits disaster sites, goes on peace trips, comments on police violence against black suspects

Economic Role Stewardship of economy International trade and planning Submits annual budget to Congress Economy seen as President’s job; President’s fault if poor

Succession of Presidency and VP Constitution says “power and duty” of the office transferred to the VP 1947 law – VP, then Speaker of House Question: If VP and majority of Cabinet declare Prez “unable to discharge powers”, what happens if Prez disagrees? Congress decides: 2/3 both houses In 1947 FDR dies in office

25th Amendment (1967) 25th Amendment (1967): New Prez nominates new VP, who is confirmed by majority of Congress If no new VP yet, 1947 law… Succession Problem….. Agnew resigns (1973) Ford voted VP Nixon resigns (1974) Ford becomes President Rockefeller voted VP

25th Amendment Disability Problem: Regan shot (1981) Undergoes emergency surgery Does not transfer authority Confusion! VP Bush in air….Secretary of State Haig criticized for taking charge On July 12, 1985, President Ronald Reagan underwent a colonoscopy, during which a pre-cancerous lesion called a villous adenoma was discovered. Upon being told by his physician (Dr. Edward Cattow) that he could undergo surgery immediately or in two to three weeks, Reagan elected to have it removed immediately.That afternoon, Reagan consulted with White House counsel Fred Fielding by telephone, debating whether or not to invoke the 25th amendment and if so, whether such a transfer would set an undesirable precedent. Fielding and White House Chief of Staff Donald Regan both recommended that Reagan transfer power, and two letters doing so were drafted: the first specifically referencing Section 3 of the 25th amendment, the second not.At 10:32 a.m. on July 13, Reagan signed the second letter and ordered its delivery to the appropriate officers as required under the amendment. Due to some confusing language and Reagan's failure to specifically mention Section 3 of the amendment (see Reagan transfer of power letters) in his letter, some constitutional scholars have claimed that Reagan did not actually transfer his power to Bush.However, in books such as "The President Has Been Shot: Confusion, Disability and the 25th Amendment," by Herbert Abrams, and Reagan's autobiography, "An American Life," Reagan's intent to transfer power to Bush was clear. Fielding himself adds, "I personally know he did intend to invoke the amendment, and he conveyed that to all of his staff and it was conveyed to the VP as well as the President of the Senate. He was also very firm in his wish not to create a precedent binding his successor."

Presidential Transition The Vice President ･ Speaker of the House ･ President pro tempore of the Senate Secretary of State Secretary of the Treasury ･ Secretary of Defense Attorney General ･ Secretary of the Interior Secretary of Agriculture ･ Secretary of Commerce ･ Secretary of Labor ･ 7 more cabinet positions are in the line of succession Students should note the first four successors

Impeachment “Impeachment as provided for in the Constitution can never be wholly divorced from politics” - Chief Justice William Rehnquist Impeachment is the process by which a civil officer of the United States is charged with wrongdoing. Under the Constitution, the House of Representatives has the sole power of impeachment, and the Senate has the responsibility to try the charges and remove guilty parties from office.

Impeachment Article II Section 4 “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

Impeachment procedure Charges drawn House of Representatives votes. Simple majority sends case to House Judiciary Committee for investigation House Judiciary Committee then votes to send the case to full House

Impeachment House votes - Simple majority sends case to Senate House managers appointed…act like prosecutors…present case to Senate Senate vote…need 2/3 vote to impeach

Impeachment Andrew Johnson (1868) Tenure of Office Act William Jefferson Clinton (1998) Impeached of perjury and obstruction of justice by the House, acquitted by the Senate Perjury (Defeated 45-55) Obstruction of Justice (Defeated 50-50) Richard Nixon would have been impeached in 1974 but resigned first The action of President Johnson that led directly to his impeachment was his deliberate violation of the Tenure of Office Act. By discharging Secretary of War Edwin M. Stanton on February 21, 1868, Johnson intentionally defied Congress.The Constitutionality of the Act was a major point of contention during the trial. Harperﾕs Weekly discussed the "obscurity of the law" in an April 17, 1869 editorial, "An Unsettling Settlement", which was printed a month after Johnsonﾕs term ended.The Tenure of Office Act was repealed in 1887. In 1926, the Supreme Court ruled that it was unconstitutional even though it had been repealed almost 40 years before. The ruling came in the Myers v. U.S. case that dealt with the ability of Congress to limit the removal powers of the President with regard to postmasters. he Senate impeachment trial lasted from 7 January, 1999 until 12 February. No witnesses were called during the trial. A two-thirds majority, 67 votes, would have been necessary to remove the President from office. The perjury charge was defeated with 45 votes for conviction and 55 against. The obstruction of justice charge was defeated with 50 for conviction and 50 against. Again, the impeachment effort did not have bipartisan support, though several Republicans voted to acquit.