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The Executive Branch Article II of the Constitution

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1 The Executive Branch Article II of the Constitution
President Donald Trump 45th President of the United States

2 Qualifications to be President
35 Years Old Natural Born Citizen Resident of the United States for 14 years

3 Natural Born Citizen? Currently, Title 8 of the U.S. Code fills in the gaps left by the Constitution. Section 1401 defines the following as people who are "citizens of the United States at birth:“

4 Anyone born inside the United States *
Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person's status as a citizen of the tribe Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S. Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21 Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time) A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S. * There is an exception in the law — the person must be "subject to the jurisdiction" of the United States. This would exempt the child of a diplomat, for example, from this provision. Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example.

5 Voting for the President and VP
First elected President of the United States? John Hanson

6 In November 1781, Hanson became the first President of the Continental Congress to be elected for an annual term as specified in the Articles of Confederation

7 Can you receive a degree from the Electoral College?
No – it’s the process for Electing the President 538 Total Electors today 100 to represent each Senator 435 to represent each Representative 3 to represent the District of Columbia 27 0 is the magic number for election Eliminates direct election of the President Winner takes all!!! (not mandated by the Constitution) But Why???

8 What is Winner take All? When one candidate of a state wins the popular vote, they win all of the electoral votes

9 Why? Fear of mob rule Insurance – the electors could rectify a poor decision Small States vs. Large States Technology Imminent Death

10 First President Under the Constitution
Election of 1788 Each elector had two votes – one for President and one for Vice President – at least one vote was required to be for a person outside of the elector’s State 34 Votes 69 Votes 9 Votes

11 Election of 1792 Washington again elected unanimously
Growth of partisan politics Federalists and the Democratic-Republicans 132 Votes 77 Votes 50 Votes

12 Washington Leaves Washington tired – wanted to retire
Declined a third term (setting an important precedent) Washington’s Farewell Address Avoid political Parties Avoid entangling alliances Maintaining the Union – avoiding discussion of secession

13 Washington’s Popularity and Partisan Politics
"If ever a nation has been debauched by a man, the American nation has been debauched by Washington. If ever a nation has been deceived by a man, the American nation has been deceived by Washington. Let his conduct, then, be an example to future ages. Let it serve to be a warning that no man may be an idol.” Aurora – Philadelphia 1797

14 Election of 1796 Federalists Democratic-Republicans 68 Votes Jefferson
Adams 30 Votes Burr 59 Votes Pinckney

15 Election of 1800 65 Votes 73 votes 73 votes Hamilton 64 Votes

16 How was the election decided?
As per the Constitution, the election decision was thrown into the House Jefferson vs. Burr 36 Ballots over 5 days Federalists (who controlled the lame duck Congress) originally supported Burr to defeat Jefferson Hamilton (powerful in the Federalist Party) convinced members of Congress to back Jefferson

17 The Twelfth Amendment Under the Twelfth Amendment, each elector must cast distinct votes for President and Vice President, instead of two votes for President The Twelfth Amendment explicitly precluded those constitutionally ineligible to be President from being Vice President Ratified on June 15, 1804

18 What if there is not a majority vote? Elections of 1824 and 2000
U.S. House of Representatives

19 Candidates in the Election of 1824
Disintegration of Federalists Prior to this election William Crawford Democratic-Republican Henry Clay Independent John Quincy Adams Independent Andrew Jackson Independent (Dem-Rep)

20 Election of 1824 - Votes John Quincy Adams – 84 electoral votes
113,122 popular vote 30.9% of popular vote Andrew Jackson    99 Electoral Votes 151,271 popular vote 41.3% of popular vote William Crawford 41 Electoral Votes 40,856 pop vote 11.2% of pop vote Henry Clay 37 Electoral Votes 47,531 pop vote 13% of pop vote

21 How did Adams Win? Decision went to the House
Only the top three candidates could be considered This left out Henry Clay who said of Jackson “I cannot believe that killing 2,500 Englishmen at New Orleans qualifies for the various, difficult, and complicated duties of the Chief Magistracy.” Henry Clay threw his support behind Adams and the House of Reps gave the election to Adams Adams then selected Clay as his Secretary of State Jackson called it the “corrupt bargain”

22 House Vote Adams – 13 Electoral Votes Jackson – 7 Electoral Votes
Crawford – 4 Electoral Votes

23 Other Elections where the Candidate who won the popular vote lost the election
1876 – Tilden (Democrat) v. Hayes (Republican) 51% of popular vote vs. 48% Electoral College 184 vs 165 20 votes undecided An unprecedented commission was set up (8 republican and 7 democrats voted on who should receive the disputed votes) Tilden only needed one vote to win; Hayes needed all 20 Hayes won

24 Samuel Tilden "I can retire to public life with the consciousness that I shall receive from posterity the credit of having been elected to the highest position in the gift of the people, without any of the cares and responsibilities of the office.“ After losing the presidency by 889 votes

25 1888 – Harrison vs. Cleveland
Grover Cleveland – 50.8% of popular vote 170 Electoral Votes Benjamin Harrison 49.2% of popular vote 233 electoral votes

26 2000 Election – Bush vs. Gore George W Bush Republican
50,456,002 pop vote 47.9% of pop vote 271 Electoral Votes Al Gore Democrat 50,999,897 pop vote 48.4% of popular vote 266 electoral votes

27 Hanging Chads and Butterfly Ballots
Most of the post-electoral controversy revolved around Gore's request for hand recounts in four counties as provided under Florida state law. Florida, Secretary of State, Katharine Harris announced she would reject any revised totals from those counties if they were not turned in by November 14, the statutory deadline for amended returns. The Florida Supreme Court extended the deadline to November 26, a decision later vacated by the U.S. Supreme Court.

28 Terms and the 22nd Amendment
No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. Franklin Delano Roosevelt Elected 1932, 1936, 1940, 1944


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