wilson 14 review.ppt - crawford · – john quincy adams (31%) vs andrew jackson (41%) • 1876 –...

Chapter Fourteen

The Presidency

CHAPTER 14

Article II

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The Presidency

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The President• The intent of the Framers:

– Delegates feared both anarchy and monarchy

• needed a strong, independent executive without the excessive powers of a monarch.

– Principal concern was to balance power of

legislative and executive branches

– Expected Congress to be the dominant

institution

• but indirect election by congress would give too much power to legislature

• direct election would lead to mob rule

CHAPTER 14

Article II

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The Electoral College

The Electoral College• Even though the national popular vote is

calculated by media organizations, the national

popular vote is not the basis for electing a

President or Vice President.

• Although ballots list the names of the presidential

candidates, voters within the 50 states actually

choose electors when they vote. These

presidential electors in turn cast electoral votes

for those two offices.

• Presidential electors are selected on a state-by-

state basis, as determined by the laws of each

state

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Section I:

Each state appoints a number of electors equivalent to?

Each state gets number of electors equal to representation in congress

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The Electoral College

• The size of the Electoral College is equal to the total membership of both Houses of Congress (435

Representatives and 100 Senators) plus the three electors allocated to Washington, D.C., totaling 538 electors.

• Almost all states use a winner-take-all system

• A candidate must receive an absolute majority of electoral votes (currently 270) to win the Presidency.

• A faithless elector is one who casts an electoral vote for someone other than whom they have pledged to elect.

– There are laws to punish faithless electors in 24 states.

• If no candidate receives a majority in the election for President, or Vice President, that election is determined

by Congress.

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Electoral College Reallocation, 2010

Marco Rubio is a US Senator from Florida. Can he be an elector? Why or why not?

No. No Senator or Representative, or Person holding an Office in the United States government shall be appointed an Elector.

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Under the original wording of the constitution, how

would the president and vice president be

chosen?

The Person having the majority of Electoral

Votes is President, the person with the

second most votes is vice-president.

The Electoral College ultimately worked differently

than expected, because the Founders did not

anticipate the role of political parties and the

concept of running on a ticket . . .

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What would happen in the case of a tie in the

electoral college?

If no one has a Majority, then The House of

Representatives chooses with each State

having one Vote.

A quorum for this purpose is two thirds of the

States.

A Majority of all the States is necessary to

select the president.

If there is a tie for second, the Senate chooses

the Vice President.

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Election of 1804

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•The election was thrown to the House of Representatives, with 9

states out of 16 needed to win

•After 2 months and 35 ballots the vote was still split along party lines:

•Jefferson won the 8 Democratic states

•Burr won the 8 Federalist states

•On the 36th ballot, Alexander Hamilton, the leader of the Federalists,

threw New York’s vote to Jefferson, saying:

“I would rather have a man with the wrong principles

than a man with no principles at all”

12th Amendment, 1804

Section 3. The Electors shall meet in their respective states, and vote by ballot for President and Vice-President; they

shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and all persons voted for as Vice-President and of the number of votes for each

The person having the greatest Number of votes for President, shall be the President.

The person having the greatest number of votes as Vice-President, shall be the Vice-President.

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Election of 1824

John Quincy AdamsFederalist

Massachusetts

113,122 votes

31%

Electoral Votes 84

13 states in House

Copyright © Houghton Mifflin 14 | 14

Andrew Jackson

Democrat

Tennessee

151,271 votes

41%

Electoral Votes 99

7 states in House

William H. CrawfordWhig

Georgia

40,856 votes

12%

Electoral Votes 41

4 states in House

Henry ClayDemocrat

Kentucky

47,531 votes

16%

Electoral Votes 37

0 states in House

131 electoral votes needed to win

Elections where the popular vote winner

lost the electoral college vote:

• 1824

– John Quincy Adams (31%) vs Andrew Jackson (41%)

• 1876

– Rutherford Hayes (47%) vs Samuel Tilden (51%)

• 1888

– Benjamin Harrison (47%) vs Grover Cleveland (48%)

• 2000

– George W. Bush (47%) vs Al Gore (49%)


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http://www.neuronicgames.com/votestar/

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CHAPTER 14

Article II

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Qualifications to be President

Lincoln Diaz Balart, District 12 Representative from Florida, was born in Cuba to Cuban parents. He is interested in running for president in 2012. Is this constitutionally

possible? Why or why not? What criteria must be met

before a person can be president?

No, he must be a natural born Citizen, or a Citizen of the United States at the time of the Adoption of the Constitution, or a constitutional amendment must be passed.

A natural born citizen (born in the US or US territories, or born to US Citizens), must be thirty five years old, and a resident of the US for 14 years.

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Is Barak Obama Constitutionally Qualified to be President?

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The Facts of the Case:

• Barak Obama, Jr., was born August 4, 1961 in Honolulu, Hawaii to Ann Dunham from Witchita, KS, and Barack Obama, Sr. from Kigala, Kenya.

• Ann Dunham and Barak Obama, Sr., were divorced in 1964.

• Ann remarried Lolo Soetaro, an Indonesian citizen, in 1967 and moved with Barak, Jr., to Jakarta, Indonesia.

• Obama returned to the US in 1971; his mother passed away from cancer in 1977.

• Obama graduated from Punahou Prep School in 1979, and Columbia University in 1983.

• Obama worked for the Catholic Church’s Developing Communities Project in Chicago, Illinois, from 1983 until 1988.

• Obama graduated from Harvard Law school in 1991, and taught Constitutional Law at the University of Chicago from 1991 to 1996.

• Obama served in the Illinois State Senate from 1996 to 2004.

• Obama served in the US Senate from 2004 until 2008.


Berg v. ObamaU.S. Court of Appeals for the District of Columbia, Case No. 09-5362

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• Natural Born citizen

• Yes, Obama was born to

a US citizen on US soil.

• 35 years old

• He was 47 at the time of

his inauguration

• Resident for 14 years

• He has been a resident on

US soil since 1971; 37

consecutive years

Are those the only qualifications?

• Can George Bush, Sr. run again?

• Can George W. Bush run again?

• Can Bill Clinton run again?

• Can Jimmy Carter run again?

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22nd Amendment, 1951Section 1. 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.

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CHAPTER 14

Article II

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Presidential Succession


Presidential Transition

• Only fifteen of forty-four presidents have served two full terms

• Eight vice presidents have taken office upon the president’s death

Under the original wording of the Constitution, what would occur if the President could no longer fulfill his duty? What if the President and Vice-President were both

incapacitated?

In Case of the Death, Resignation, Removal, or Inability to discharge the Powers and Duties of the President, these powers shall devolve on the Vice President

Congress decides what Officer shall act as President in the Case of Removal, Death, Resignation, or Inability of both the President and Vice President.


Presidential Succession Act of 1792

In the event of the removal, resignation, or death of both the President and Vice President,

• the President pro tempore of the Senate was next in line

• followed by the Speaker of the House.


Presidential Succession, 1841On the death of President Harrison in 1841, some argued that the framers'

intent was that the Vice President would remain Vice President while executing the powers and duties of the presidency.

Article II, Section 1 of the United States Constitution provides that:

In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President … until the disability be removed, or a President elected.

Article I, section 3 of the Constitution reads:

The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the office of President of the United States.

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Presidential Succession, 1841

John Tyler was from Virginia and had served as President Pro Tempore of the Senate before being elected Vice President

on the Whig (Republican) ticket.

Tyler insisted that he was President, not merely Acting

President

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Tyler insisted on being sworn in using the Presidential oath of office.

Tyler even returned mail sent to the “Vice President” or "Acting President of the United States".

Tyler was the first President to have

his veto overridden by Congress


In 1886, the Vice President and the President pro tempore of the Senate both died while Congress was not in session, so

there was no Speaker of the House

As soon as Congress convened, they replaced the Speakerand President Pro Tempore, with a list of the members of the Cabinet in the order in which each cabinet department had been created:

• Secretary of State

• Secretary of the Treasury

• Secretary of War (Defense)

• Attorney General

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20th Amendment, 1933

Section 3. If the President elect shall have died, the Vice President elect shall become President.

If the President elect shall have failed to qualify, then the Vice

President elect shall act as President until a President shall have qualified;

and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President.

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Presidential Succession Act of 1947President Truman requested that Congress return the

Speaker and President Pro Tempore to the list of

Presidential successors as they were elected and so the

President could not appoint his own successor:

• Vice President

• Speaker of the House

• President Pro Tempore

• Secretary of State

• Secretary of the Treasury

• Secretary of War (Defense)

• Attorney General

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Article I, Section 6

• No Senator or Representative shall, during the

Time for which he was elected, be appointed to

any Civil Office under the Authority of the United

States; and no Person holding any Office

under the United States, shall be a Member of

either House during his time in Office.

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Is it Constitutional?

Incapacitation of the President• On October 2, 1919, President Woodrow Wilson suffered

a serious stroke that left him paralyzed on his left side and

blind in his left eye

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• Wilson did not meet with his

Vice President, his cabinet, or any Congressmen for the remainder of his term.

• He was confined to bed and isolated from everyone but his wife, Edith.

• Edith selected issues for his attention and directed the cabinet heads.

• The first woman President?

25th Amendment, 1967• Section 1. In case of the removal of the President from

office or of his death or resignation, the Vice President

shall become President.

• Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

• Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, such powers and duties shall be discharged by the Vice President as Acting President.

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25th Amendment, 1973-1974

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November 4,1972

President Richard Nixon

and Vice President Spiro

Agnew are re-elected in

a

landslide, 520 electoral

votes to 17

July, 1973

Charges of extortion, tax

fraud, conspiracy and

bribery against the VP

are reported out

October 12, 1973

Vice President Spiro Agnew

resigns

President Nixon nominates House

Minority Leader Gerald Ford of

Michigan as Vice President.

December 6, 1973

The House and Senate confirm

Ford and he is sworn in the

same day

August 9, 1974

President Nixon resigns

Vice President Gerald Ford

is sworn in as President

August 20, 1974

President Ford nominates

New York Governor

Nelson Rockefeller as

Vice President.

Rockefeller is confirmed

and sworn into office.

CHAPTER 14

Article II

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Powers of the President

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Presidential and Parliamentary Systems

• Presidents may be outsiders; prime ministers are

always insiders, chosen by the members of the

majority party in parliament

• Presidents have no guaranteed majority in the

legislature; prime ministers always have a

majority

– Divided government: one party controls the White House and another controls one or both houses of Congress

• Prime Ministers control the legislature and

executive; the President may influence legislation

but has no real control except the power of veto

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Year President Senate House

1969-1971 R D D

1971-1973 R D D

1973-1975 R D D

1975-1977 R D D

1977-1979 D D D

1979-1981 D D D

1981-1983 R R D

1983-1985 R R D

1985-1987 R R D

1987-1989 R D D

1989-1991 R D D

1991-1993 R D D

1993-1995 D D D

1995-1997 D R R

1997-1999 D R R

1999-2001 D R R

2001-2003 R D R

2003-2005 R R R

2005-2007 R R R

2007-2009 R D D

2009-2011 D D D

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The President

The Constitution gives only five specific powers:

• the Veto power

– Congress can over-ride veto

• Power of Appointment

– Senate must confirm appointments

• Treaty-making power

– Senate must ratify treaties

• Commander in chief of the armed forces

– Congress has power to declare war

• Power to Pardon

– Except in cases of Impeachment

Section II:

Name the three powers specifically given to the President under the first paragraph of Section II.

Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when

called into the actual Service of the United States

Require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices

Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of

Impeachment.

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List the ways that the president’s power is checked

in Section II. Mention the power that he is given

and how that power is checked.

To make Treaties

-provided two thirds of the Senators present concur

Appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States

-by and with the Advice and Consent of a majority of the Senate

Grant pardons

-except in cases of congressional impeachment

The last paragraph of section II gives the president the power to make recess appointments. What is meant by a recess appointment?

The President can fill vacancies while the Senate is away, but only until they return.

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CHAPTER 14

Article II


Power of Veto

Article I, Section 7Every Bill which shall have passed the House of Representatives and

the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law.

If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

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The Veto Power• President does not hold line-item veto power, he

can either

• Sign the legislation; the bill then becomes law.

• Veto the legislation; the bill does not become

law, unless both Houses of Congress vote to

override the veto by a two-thirds vote.

• Take no action. In this instance, the president

neither signs nor vetoes the legislation. After 10

days, not counting Sundays:

– If Congress is still convened, the bill becomes law.

– If Congress has adjourned the bill does not become

law. This latter outcome is known as the pocket veto.

CHAPTER 14

Article II

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Presidential Appointments

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The Cabinet

• Not explicitly mentioned in Constitution

• Presidents have many appointments to make:– Cabinet

– Federal Judiciary

– Ambassadors

– Military Officers

• Positions that can be filled in a given presidential term: 6,478

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The Cabinet

Departments

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White House Office

• Rule of propinquity: power is wielded by people who are in the room when a decision is made

• Political Power is held by those closest to the President

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White House Office

• Pyramid structure: assistants report through

hierarchy to Chief of Staff, who then reports to

President

– Eisenhower, Nixon, Reagan, Bush

• Circular structure: cabinet secretaries and

assistants report directly to the President

– Carter, Kennedy, Clinton

• Ad hoc structure: task forces, committees, and

informal groups deal directly with president

– Clinton (early in his administration)

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White House Office

• Pyramid structure: assistants report through a

clear chain of command to Chief of Staff, who

then reports to President

– Eisenhower, Nixon, Reagan, Bush

• A pyramid structure provides for an orderly flow

of information and decisions, but does so at the

risk of isolating or misinforming the president.


White House Office

• Circular structure: cabinet secretaries and

assistants report directly to the President

– Carter, Kennedy, Clinton

• The circular method has the virtue of giving the

President a great deal of information, but at the

price of isolating information to specific groups or

individuals.


White House Office

• Ad hoc structure: Subordinates, cabinet officers,

and informal committees report directly to the

President.

– Clinton (early in his administration)

• An ad hoc structure allows flexibility and

generates many ideas, but at the price of

confusion and conflict among cabinet secretaries

and assistants.

CHAPTER 14

Article II

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Presidential Character

Section III:

List the responsibilities that the president receives from Section III.

• Give a State of the Union to Congress recommending

to Congress Measures he judges necessary

• Convene either or both Houses in times of emergency

• Dismiss Congress in Case of Disagreement between the Houses about the time of adjournment

• Receive Ambassadors and other public Ministers

• Faithfully execute and enforce the Laws of the United States

• Commission all the Officers of the United States military

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Powers of the President

• Potential for power found in ambiguous clauses of the Constitution—e.g., power as commander in chief, duty to “take care that laws be faithfully executed” (executive power)

• Greatest source of power lies in politics and public opinion

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The First Presidents

• The office was legitimated by men active in independence and Founding politics

• Minimal activism of early government contributed to lessening the fear of the presidency

• Relations with Congress were reserved: few vetoes; no advice from Congress to the president

ANDREW JACKSON

• APPOINTMENT POWER

– PARTY PATRONAGE

– SPOILS SYSTEM

• VETO POWER

– POLICY VETOS

• COMMANDER-IN-CHIEF

– NULLIFICATION CRISIS

– INDIAN REMOVAL

• POWER TO PERSUADE

– POPULAR TRIBUNE

– PRESIDENTIAL PROGRAM

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• Kennedy: bold, articulate, amusing leader; improviser who bypassed traditional lines of authority

• Nixon: expertise in foreign policy; disliked personal confrontation; tried to centralize power in the White House

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• Reagan: set policy priorities and then gave staff wide latitude; leader of public opinion

• Clinton: good communicator; pursued liberal/centrist policies

• George W. Bush: tightly run White House; agenda became dominated by foreign affairs following the September 11th attacks

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The President’s Program

• Resources in developing a program include interest groups, aides and campaign advisers, federal departments and agencies, and various specialists

• Constraints include public and congressional reactions, limited time and attention, and unexpected crises

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The Power to Persuade

• Presidents try to transform popularity into congressional support for their programs

• Presidential coattails have had a declining effect for years

• Popularity is affected by factors beyond anyone’s control – consider Bush’s approval ratings following the September 11th attacks

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Figure 14.2: Presidential Popularity

Thomas E.Cronin, The State of the Presidency (Boston: Little, Brown, 1975), 110-111. Copyright © 1975 by Little, Brown and Company, Inc. Reprinted by permission. Updated with Gallup poll data, 1976-2004. Reprinted by permission of the

Gallup Poll News Service.

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Figure 14.2: Presidential Popularity

Thomas E.Cronin, The State of the Presidency (Boston: Little, Brown, 1975), 110-111. Copyright © 1975 by Little, Brown and Company, Inc. Reprinted by permission. Updated with Gallup poll data, 1976-2004. Reprinted by permission of the

Gallup Poll News Service.

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Figure 14.3: Presidential Victories on Votes in Congress, 1953-2002

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Constraints on the President

• Both the president and the Congress are more constrained today due to:

– Complexity of issues

– Scrutiny of the media

– Greater number and power of interest groups

CHAPTER 14

Article II

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Impeachment

Section IV:

For what offenses can a president be removed from office?

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

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Impeachment

• Indictment by the House, conviction by the Senate

• Presidential examples:

– Andrew Johnson,

– Richard Nixon (pre-empted by resignation),

– Bill Clinton

• Neither Johnson nor Clinton was convicted by the Senate

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wilson 14 review.ppt - crawford · – john quincy adams (31%) vs andrew jackson (41%) • 1876 –...

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