1. THE AMERICAN PRESIDENCY UNIT 16

2. Preview Constitutional Convention (1787) Constitutional Convention (1787) Powers of the President: executive, judicial, legislative, foreign affairs, military Powers of the President: executive, judicial, legislative, foreign affairs, military Checks and balances: limitations of presidential powers Checks and balances: limitations of presidential powers Elections Elections Impeachment Impeachment

3. THE CONSTITUTIONAL CONVENTION Philadelphia, May-Sept.1787 The Founding Fathers had two opposing fears regarding the office of the Presidency: The Founding Fathers had two opposing fears regarding the office of the Presidency: 1) Making it too powerful might lead to a tyranny 1) Making it too powerful might lead to a tyranny 2) Making it too weak might repeat the mistakes of the Articles of Confederation 2) Making it too weak might repeat the mistakes of the Articles of Confederation Independent executive with definite and important powers and limitations upon those powers Independent executive with definite and important powers and limitations upon those powers

4. THE CONSTITUTION OF THE U.S. ARTICLE II The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected The President shall be commander in chief of the army and navy of the United States The President shall be commander in chief of the army and navy of the United States

5. THE CONSTITUTION OF THE U.S. ARTICLE II He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, with the advice and consent of the Senate (...) ambassadors, other public ministers and consuls, judges of the Supreme Court and all other officers of the United States, whose appointments are not herein otherwise provided for He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, with the advice and consent of the Senate (...) ambassadors, other public ministers and consuls, judges of the Supreme Court and all other officers of the United States, whose appointments are not herein otherwise provided for

6. POWERS OF THE PRESIDENT Executive Executive Legislative Legislative Judicial Judicial Foreign Affairs Foreign Affairs Military Powers Military Powers

7. Executive Powers The President enforces the Constitution and the laws passed by Congress; executive orders The President enforces the Constitution and the laws passed by Congress; executive orders Appoints all important government officials, including Cabinet officers and members of administrative agencies Appoints all important government officials, including Cabinet officers and members of administrative agencies The head of state, ceremonial head of the government and symbol of national unity The head of state, ceremonial head of the government and symbol of national unity

8. Appointments An incoming president may make up to 6,000 appointments before he takes office and 8,000 more during his term. Ambassadors, members of the Cabinet, and other federal officers - appointed by a president with the “advice and consent” of a majority of the Senate An incoming president may make up to 6,000 appointments before he takes office and 8,000 more during his term. Ambassadors, members of the Cabinet, and other federal officers - appointed by a president with the “advice and consent” of a majority of the Senate “

9. Removal from office The President can remove any executive officer from office if he thinks this is necessary The President can remove any executive officer from office if he thinks this is necessary

10. Executive order A directive issued by the President or the Administration requiring certain acts to be carried out in domestic or foreign situations A directive issued by the President or the Administration requiring certain acts to be carried out in domestic or foreign situations In other countries, similar edicts are known as decrees. In other countries, similar edicts are known as decrees. Some orders - the force of law when made in pursuance of certain Acts of Congress, when those acts give the President discretionary powers. Some orders - the force of law when made in pursuance of certain Acts of Congress, when those acts give the President discretionary powers.

11. Executive order Wars have been fought upon executive order, including the 1999 Kosovo War during Bill Clinton’s second term in office. Wars have been fought upon executive order, including the 1999 Kosovo War during Bill Clinton’s second term in office. All such wars have had authorizing resolutions from Congress. All such wars have had authorizing resolutions from Congress. The extent to which the president may exercise military power independently of Congress and the scope of the War Powers Resolution: unresolved constitutional issues The extent to which the president may exercise military power independently of Congress and the scope of the War Powers Resolution: unresolved constitutional issues All Presidents have complied with the terms of the Resolution while maintaining that they are not constitutionally required to do so. All Presidents have complied with the terms of the Resolution while maintaining that they are not constitutionally required to do so.

12. Legislative Powers Obama signing legislation

13. Legislative Powers Every bill passed by Congress must be signed by the President Every bill passed by Congress must be signed by the President The power of veto The power of veto

14. Legislative powers If the President vetoes a bill, he must do so within 10 days otherwise the bill will automatically become law If the President vetoes a bill, he must do so within 10 days otherwise the bill will automatically become law Congress can override the President’s veto by a two-thirds vote of each house Congress can override the President’s veto by a two-thirds vote of each house

15. Legislative powers If a bill is presented to the President in fewer than 10 days before Congress adjourns, he no longer has the constitutional 10 days to reflect upon a bill If a bill is presented to the President in fewer than 10 days before Congress adjourns, he no longer has the constitutional 10 days to reflect upon a bill

16. Pocket veto In this case, if the President remains silent, the bill cannot become law In this case, if the President remains silent, the bill cannot become law This is called the „pocket veto” This is called the „pocket veto” If the bill is vetoed in this way, Congress must begin the whole procedure again at the new session If the bill is vetoed in this way, Congress must begin the whole procedure again at the new session

17. Power of veto Until recently the President could only accept or reject a complete bill Until recently the President could only accept or reject a complete bill Now he has the possibility to veto only specific parts of a bill without affecting its other provisions Now he has the possibility to veto only specific parts of a bill without affecting its other provisions

18. Legislative powers President cannot directly introduce legislative proposals for consideration in Congress. President cannot directly introduce legislative proposals for consideration in Congress. He can take an indirect role in shaping legislation, esp. if the president's party has a majority in one or both houses of Congress. He can take an indirect role in shaping legislation, esp. if the president's party has a majority in one or both houses of Congress.

19. Legislative powers President or other officials of the executive branch may draft legislation and then ask senators or representatives to introduce them into Congress. President or other officials of the executive branch may draft legislation and then ask senators or representatives to introduce them into Congress. President can further influence the legislative branch through constitutionally mandated, periodic reports to Congress. President can further influence the legislative branch through constitutionally mandated, periodic reports to Congress. These reports may be either written or oral, but today are given as the State of the Union Address, which often outlines the president's legislative proposals for the coming year. These reports may be either written or oral, but today are given as the State of the Union Address, which often outlines the president's legislative proposals for the coming year.

20. Judicial Powers The President may grant pardons in cases involving federal crimes, except in cases of impeachment The President may grant pardons in cases involving federal crimes, except in cases of impeachment Appoints all federal judges; however, it is impossible for the President to remove a justice from the Supreme Court – their tenure is guaranteed „during good behaviour” Appoints all federal judges; however, it is impossible for the President to remove a justice from the Supreme Court – their tenure is guaranteed „during good behaviour”

21. Powers Over Foreign Affairs Determines the foreign policy of the nation and is responsible for the conduct of foreign affairs Determines the foreign policy of the nation and is responsible for the conduct of foreign affairs Appoints the Secretary of State, ambassadors, consuls and ministers; subject to the Senate’s approval Appoints the Secretary of State, ambassadors, consuls and ministers; subject to the Senate’s approval Directs diplomatic matters and negotiates treaties with other countries Directs diplomatic matters and negotiates treaties with other countries Receives foreign ambassadors, may recognize or refuse to recognize foreign governments Receives foreign ambassadors, may recognize or refuse to recognize foreign governments

22. Foreign affairs: Treaties Treaties – considered as the supreme law of the land, together with the Constitution and federal statutes Treaties – considered as the supreme law of the land, together with the Constitution and federal statutes Congress exerts control over the executive because it has to pass legislation to implement the terms of a treaty Congress exerts control over the executive because it has to pass legislation to implement the terms of a treaty Treaties are not „self-executing” Treaties are not „self-executing”

23. Foreign Affairs: Treaties The ratification of treaties may take a long time The ratification of treaties may take a long time Most minor foreign policy matters are handled in the form of executive agreements which are easier to negotiate and can be implemented without Congressional action Most minor foreign policy matters are handled in the form of executive agreements which are easier to negotiate and can be implemented without Congressional action This gives the President a larger sphere of activity and considerable autonomy This gives the President a larger sphere of activity and considerable autonomy

24. Military Powers Commander-in-chief of the armed forces Commander-in-chief of the armed forces Appoints the top military commanders and may remove them from their commands Appoints the top military commanders and may remove them from their commands May order the armed forces into action within the U.S. and in other countries May order the armed forces into action within the U.S. and in other countries

25. LIMITATIONS ON PRESIDENTIAL POWERS: Executive Powers Appointments of important government officials require approval by a majority of the Senate Appointments of important government officials require approval by a majority of the Senate Executive orders may be challenged in the courts and reviewed as to their constitutionality Executive orders may be challenged in the courts and reviewed as to their constitutionality

26. Limitations of Legislative Powers President’s requests for legislation need not be passed by Congress President’s requests for legislation need not be passed by Congress His veto may be overriden by a two-thirds vote of each House of the Congress His veto may be overriden by a two-thirds vote of each House of the Congress His party members may refuse to back up his programs His party members may refuse to back up his programs

27. Limitations on Judicial Powers Appointments of federal judges require the approval of a majority of the Senate Appointments of federal judges require the approval of a majority of the Senate Federal judges have life tenure and decide cases independently of Presidential wishes or judgement Federal judges have life tenure and decide cases independently of Presidential wishes or judgement Power to grant pardon does not extend to cases of impeachment Power to grant pardon does not extend to cases of impeachment

28. Foreign Affairs Appointments of major foreign affairs officials require the approval of a majority of the Senate Appointments of major foreign affairs officials require the approval of a majority of the Senate Treatises with other countries go into effect only if ratified by two-thirds majority of the Senate Treatises with other countries go into effect only if ratified by two-thirds majority of the Senate His foreign policies may be examined and criticized by Congress committees His foreign policies may be examined and criticized by Congress committees

29. Limitations on Military Powers Presidential authority does not extend to declaring war, for that power resides exclusively in Congress Presidential authority does not extend to declaring war, for that power resides exclusively in Congress Management of the military depends upon Congressional legislation authorizing conscription and development of weapons Management of the military depends upon Congressional legislation authorizing conscription and development of weapons Funds for military expenditures require Congressional allocations of funds Funds for military expenditures require Congressional allocations of funds

30. Elections Article II, Section 1, Clause 5 of the Constitution sets the requirements to hold office. A president must: Article II, Section 1, Clause 5 of the Constitution sets the requirements to hold office. A president must: be a natural-born citizen of the United States; be a natural-born citizen of the United States; be at least thirty-five years old; be at least thirty-five years old; have been a permanent resident in the U.S. for at least 14 years. have been a permanent resident in the U.S. for at least 14 years.

31. Elections A general election takes place in November every 4 years A general election takes place in November every 4 years Other than the President and Vice- President, one third of the Senate, all members of the House of Representatives, many governorships and thousands of public officials are up for election Other than the President and Vice- President, one third of the Senate, all members of the House of Representatives, many governorships and thousands of public officials are up for election

32. Electoral process 1. Primary elections and State Caucuses 1. Primary elections and State Caucuses 2. The National Conventions 2. The National Conventions 3. The Electoral Campaign 3. The Electoral Campaign 4. Election Day and the Electoral Vote 4. Election Day and the Electoral Vote

33. Primary Elections and State Caucuses Over a period of 6 months starting in January of every election year, delegates who will attend the National Conventions for each of the two major parties, Democrats and Republicans, are chosen Over a period of 6 months starting in January of every election year, delegates who will attend the National Conventions for each of the two major parties, Democrats and Republicans, are chosen They choose two main candidates or nominees at the National Conventions held in summer They choose two main candidates or nominees at the National Conventions held in summer

34. Primary Elections Other than permitting voters to choose delegates, a Primary may permit them to express their preference for one of the presidential candidates Other than permitting voters to choose delegates, a Primary may permit them to express their preference for one of the presidential candidates

35. Purpose of the Primaries 1. to allow the choice of delegates to the National Conventions 1. to allow the choice of delegates to the National Conventions To permit voters to indicate their choice of a candidate for the Presidency To permit voters to indicate their choice of a candidate for the Presidency

36. Caucuses The other delegates are chosen in closed party meetings called caucuses The other delegates are chosen in closed party meetings called caucuses

37. The National Conventions In July and August before a general election, delegates to each of the two major Conventions meet to select their party nominees In July and August before a general election, delegates to each of the two major Conventions meet to select their party nominees

38. The National Conventions: functions 1. Each party selects its nominees for President and Vice-President 1. Each party selects its nominees for President and Vice-President 2. Each party attempts to unify different factions withing the party behind its candidates 2. Each party attempts to unify different factions withing the party behind its candidates 3. Each party lays out a program of action to be followed if their candidate wins: party platform 3. Each party lays out a program of action to be followed if their candidate wins: party platform

39. The Electoral Campaign Runs from early September until Election Day in November Runs from early September until Election Day in November Candidates visit a maximum number of states, concentrating their efforts on the most populous ones having an important number of electoral votes Candidates visit a maximum number of states, concentrating their efforts on the most populous ones having an important number of electoral votes

40. Election Day and the Electoral Vote Citizens eligible to vote may go to the polls the first Tuesday in November Citizens eligible to vote may go to the polls the first Tuesday in November Voters do not vote directly for a presidential candidate, but rather for an elector Voters do not vote directly for a presidential candidate, but rather for an elector Totality of electors form the Electoral College which translates the popular vote into the electoral vote Totality of electors form the Electoral College which translates the popular vote into the electoral vote

41. The key to the Electoral College Each state has a certain number of electoral votes according to its population Each state has a certain number of electoral votes according to its population The candidate who receives a majority of the popular vote in a state, wins all the electoral votes of that state The candidate who receives a majority of the popular vote in a state, wins all the electoral votes of that state

42. The key to the Electoral College In order to win an election, a candidate must have a majority of the electoral vote, or 270 of the 538 votes in the Electoral College In order to win an election, a candidate must have a majority of the electoral vote, or 270 of the 538 votes in the Electoral College

43. The key to the Electoral College This number is equal to the composition of the Congress: This number is equal to the composition of the Congress: 100 Senators 100 Senators 435 Representatives 435 Representatives 3 District of Columbia 3 District of Columbia 538 538

44. Electoral College map 2012 President Obama won the popular vote in 26 states ( blue) to capture 332 electoral votes. Former Governor Romney won the popular vote in 24 states (red) to capture 206 electoral votes

45. Inauguration Day The President Elect is „sworn into office” by the Chief Justice of the Supreme Court on January 20th The President Elect is „sworn into office” by the Chief Justice of the Supreme Court on January 20th

46. Presidential Oath Before executing the powers of the office, a president is constitutionally required to take the presidential oath: Before executing the powers of the office, a president is constitutionally required to take the presidential oath: “I do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States” “I do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States”

47. 1st American President George Washington (February 22, 1732 -December 14, 1799)

48. Impeachment Power of Congress An extreme check upon the President An extreme check upon the President Formal accusation made by a legislature against a public official charging crime or serious misconduct Formal accusation made by a legislature against a public official charging crime or serious misconduct

49. Impeachment against the President The House of Representatives by majority vote may bring impeachment charges against the President for “treason, bribery, or other high crimes and misdemeanors” The House of Representatives by majority vote may bring impeachment charges against the President for “treason, bribery, or other high crimes and misdemeanors” The Senate, with the Chief Justice of the Supreme Court presiding, acts as the jury and hears the charges The Senate, with the Chief Justice of the Supreme Court presiding, acts as the jury and hears the charges The Senate requires a two-thirds vote to declare the President guilty and remove him from office The Senate requires a two-thirds vote to declare the President guilty and remove him from office

50. The Impeachment of Andrew Johnson (1868) Johnson became President following Lincoln’s assassination (1865) Johnson became President following Lincoln’s assassination (1865) Retained Lincoln’s Cabinet, including Secretary of War Edwin Stanton, who demanded harsh measures against the South Retained Lincoln’s Cabinet, including Secretary of War Edwin Stanton, who demanded harsh measures against the South Johnson favored lenient treatment of the South Johnson favored lenient treatment of the South

51. The Impeachment of Andrew Johnson (1868) The Tenure of Office Act (1867) prohibited the President from discharging any major government official without consent of the Senate; in spite of this, Johnson fired Stanton The Tenure of Office Act (1867) prohibited the President from discharging any major government official without consent of the Senate; in spite of this, Johnson fired Stanton Impeached by the House of Representatives Impeached by the House of Representatives Tried before the Senate, Johnson was declared not guilty by a one-vote margin Tried before the Senate, Johnson was declared not guilty by a one-vote margin

52. The Resignation of Richard Nixon (1974) Watergate: 1) a series of political scandals, Watergate: 1) a series of political scandals, 2) the June 1972 break-in at Democratic national headquarters in Washington at the Watergate apartments to steal documents and “bug” the offices, and the subsequent efforts to hide involvement of top administration officials by a cover-up 2) the June 1972 break-in at Democratic national headquarters in Washington at the Watergate apartments to steal documents and “bug” the offices, and the subsequent efforts to hide involvement of top administration officials by a cover-up

53. The Resignation of Richard Nixon (1974) Nixon claimed he had no knowledge of the Watergate break-in; Nixon claimed he had no knowledge of the Watergate break-in; refused the prosecutor’s request to hand in additional tapes on the ground of executive privilege – the right of the President to maintain the confidentiality of his records refused the prosecutor’s request to hand in additional tapes on the ground of executive privilege – the right of the President to maintain the confidentiality of his records

54. The Resignation of Richard Nixon (1974) Two articles of impeachment: Two articles of impeachment: 1) obstructing justice in the Watergate cover-up 1) obstructing justice in the Watergate cover-up 2) abuse of Presidential power for personal purposes 2) abuse of Presidential power for personal purposes

55. The Impeachment of Bill Clinton (1998) The House of Representatives voted on four articles of impeachment: The House of Representatives voted on four articles of impeachment: 1) obstruction of justice, 1) obstruction of justice, 2) lying under oath (perjury), 2) lying under oath (perjury), 3) witness tampering, 3) witness tampering, 4) abuse of power 4) abuse of power

56. The Impeachment of Bill Clinton (1998) The House approved two articles that accused Clinton of perjury and obstruction of justice The House approved two articles that accused Clinton of perjury and obstruction of justice The Senate rejected both articles of impeachment in February 1999 The Senate rejected both articles of impeachment in February 1999 Both Senate votes fell considerably short of the two-thirds majority required for a conviction Both Senate votes fell considerably short of the two-thirds majority required for a conviction

57. Summary Constitutional powers of the President: Constitutional powers of the President: Head of state Head of state Chief executive Chief executive Commander in chief Commander in chief Chief diplomat Chief diplomat Legislative powers Legislative powers Limitations of presidential powers: “checks and balances” Limitations of presidential powers: “checks and balances” Elections Elections Impeachment Impeachment

58. Legal terms A proposed or projected law: A proposed or projected law: Bill Bill Accusation of a public official for misconduct, aiming at his removal from office Accusation of a public official for misconduct, aiming at his removal from office impeachment impeachment

59. Legal terms A written accusation that person has committed a crime A written accusation that person has committed a crime Indictment Indictment A person who institutes an official prosecution before a court A person who institutes an official prosecution before a court Prosecutor Prosecutor To examine or investigate judicially To examine or investigate judicially Try Try To find or declare guilty of an offence or crime To find or declare guilty of an offence or crime convict convict

60. Legal terms A betraying, treachery, or breach of faith against the government: A betraying, treachery, or breach of faith against the government: Treason Treason The taking or giving money for the performance or non-performance of a public duty The taking or giving money for the performance or non-performance of a public duty bribery bribery

61. Legal terms A crime of a serious or aggravated nature; an offence which the U.S. Senate deems to constitute adequate grounds for removal of the president, vice president, or any civil officer as a person unfit to hold public office and deserving of impeachment A crime of a serious or aggravated nature; an offence which the U.S. Senate deems to constitute adequate grounds for removal of the president, vice president, or any civil officer as a person unfit to hold public office and deserving of impeachment High crime High crime

62. Legal terms Misbehaviour or misconduct; otherwise, a less serious crime that is punishable by a fine or a prison sentence of short duration Misbehaviour or misconduct; otherwise, a less serious crime that is punishable by a fine or a prison sentence of short duration Misdemeanor Misdemeanor Deliberate violation of a rule of law or standard of behavior, especially by a government official Deliberate violation of a rule of law or standard of behavior, especially by a government official misconduct misconduct

63. Fill in the missing words: appoints, chief Congress, enforces, Executive, government, orders, ___powers. The President___ the Constitution and the laws passed by___. For these purposes, he may issue executive___. He___ all important government officials, including Cabinet officers and members of administrative agencies. He is the ___of state, or ceremonial head of the ____and symbol of national unity. ___powers. The President___ the Constitution and the laws passed by___. For these purposes, he may issue executive___. He___ all important government officials, including Cabinet officers and members of administrative agencies. He is the ___of state, or ceremonial head of the ____and symbol of national unity.

64. Key Executive Powers. The President enforces the Constitution and the laws passed by Congress. For these purposes, he may issue executive orders. He appoints all important government officials, including Cabinet officers and members of administrative agencies. He is the chief of state, or ceremonial head of the government and symbol of national unity. Executive Powers. The President enforces the Constitution and the laws passed by Congress. For these purposes, he may issue executive orders. He appoints all important government officials, including Cabinet officers and members of administrative agencies. He is the chief of state, or ceremonial head of the government and symbol of national unity.

65. Put the verbs in brackets into appropriate forms The legislative powers of the President ____(limit, passive). His requests for legislation need not __(pass, passive) by Congress either in regular of special sessions. His veto may ___(override, passive) by a two-thirds vote of each House of Congress. His party members may ___(refuse) to back his program The legislative powers of the President ____(limit, passive). His requests for legislation need not __(pass, passive) by Congress either in regular of special sessions. His veto may ___(override, passive) by a two-thirds vote of each House of Congress. His party members may ___(refuse) to back his program

66. Key The legislative powers of the President are limited. His requests for legislation need not be passed by Congress either in regular of special sessions. His veto may be overriden by a two-thirds vote of each House of Congress. His party members may refuse to back his program The legislative powers of the President are limited. His requests for legislation need not be passed by Congress either in regular of special sessions. His veto may be overriden by a two-thirds vote of each House of Congress. His party members may refuse to back his program

67. appointments, impeachment, judicial, judgment, pardons, Senate, tenure The ___powers of the President are limited. His___ of federal judges require the approval of a majority of the___. Federal judges have life___ and decide cases independently of Presidential wishes or___. His power to grant ___for federal offenses does not extend to cases of___. The ___powers of the President are limited. His___ of federal judges require the approval of a majority of the___. Federal judges have life___ and decide cases independently of Presidential wishes or___. His power to grant ___for federal offenses does not extend to cases of___.

68. Key: The judicial powers of the President are limited. His appointments of federal judges require the approval of a majority of the Senate. Federal judges have life tenure and decide cases independently of Presidential wishes or judgment. His power to grant pardons for federal offenses does not extend to cases of impeachment. The judicial powers of the President are limited. His appointments of federal judges require the approval of a majority of the Senate. Federal judges have life tenure and decide cases independently of Presidential wishes or judgment. His power to grant pardons for federal offenses does not extend to cases of impeachment.