ch12 presidentppt

Chapter 12 – The President

Section 1 – Who Can Become President?

Who Can Become President?

Article II, Section 1 1. must be a natural born citizen 2. at least 35 yrs old 3. been a resident of the U.S. for at

least 14 years Most common job before becoming

president has been the legal profession

Who Can Become President?

Avg age is 55 yrs old at the time of inauguration Youngest – JFK 43 yrs old at time of

inauguration Oldest – Reagan 69 yrs old

Youngest to serve as president was Theodore Roosevelt (42 yrs old)

JFK was first Catholic to win presidency

Section 2 – The President’s Many Roles

Chief Executive and Commander in Chief

Table 12-1 pg 259 Chief Executive

The head of the executive branch Handle national emergencies (riots or natural

disasters) Appoint/remove federal officials w/ approval from

Senate Commander in Chief

Commander in chief of the U.S. military War powers divided b/w the president and Congress Congress declares war President can send troops wherever he wants

Head of State

Head of State Serves as the ceremonial head of a

country’s govt and represents that country to the rest of the world▪ Throwing out first pitch at a baseball game,

lighting the Christmas tree, giving out awards, dedicating parks, etc.

Some feel this leaves no time for “real work”

Chief Diplomat

Diplomat Person who represents one country in

dealing w/ representatives of another country

President handles this duty as Chief Diplomat

Constitution does not explicitly give him this power Has power to recognize foreign govts,

appoint ambassadors Lead foreign policy

Chief Legislator

President has become a leader in creating legislation 19th C. – presidents let Congress lead the

wayHas to address Congress from

“time to time” State of the Union Address

Congress and the president have shared legislative powers

Political Party Leader

De facto leader of his political party not mentioned in Constitution Implement the party’s platform

President chooses the chairperson for the party’s national committee Appoint and remove people from positions

Practice patronage Giving govt jobs to individuals belonging to the

winning party People who helped the president win

“Fund-raiser in chief”

Section 3 – Presidential Powers

The President’s Constitutional Powers

Article II of the Constitution lists the powers

Granted enough powers to balance Congress Broad but vaguely listed powers

1. Serve as commander in chief of the armed forces and the state militias

2. appoint, w/ Senate’s consent, the heads of exec depts, ambassadors, justices of the Supreme Court, and other top officials


3. To grant reprieves and pardons, except in cases of impeachment

4. Deliver the annual State of the Union address to Congress and to send other messages to Congress from time to time

5. To call either house or both houses of Congress into special sessions

6. To make treaties w/ advice and consent of Senate


7. To receive ambassadors and other representatives from foreign countries

8. To commission all officers of the United States

9. To ensure that the laws passed by Congress “be faithfully executed”

Proposal and Ratification of Treaties

Treaty Formal agreement b/w 2 or more nations

President has the power to sign and negotiate treaties Senate approves a treaty by a 2/3

vote of the members present Senate did not approve Treaty of

Versailles after WWI Senate approved Carter giving back

the Panama Canal

The Power to Grant Reprieves and Pardons

Pardon A release from punishment or the legal

consequences of a crime Restores a person to full rights and

privileges of citizenship Check on judicial power Can’t grant a pardon for someone who

has been impeached

The Power to Grant Reprieves and Pardons

Most controversial Ford pardoning Nixon after Watergate

before any charges were brought to court

Carter granted a pardon for tens of thousands people that avoided the draft during Vietnam War

Clinton pardoned 140 people before he left office

The President’s Veto Power

Veto Latin word for “I forbid” Refusal by a president or state governor

to sign a bill into law 2/3 vote of both chambers of

Congress can override a veto President has 10 days to sign Pocket veto

The President’s Veto Power

Andrew Johnson only vetoed 21 billsFDR

372 regular vetoes, 9 were overridden 263 pocket vetoes

The Veto in Recent Administration

G.W. Bush used his veto power sparingly First 6 yrs of presidency, vetoed 1 bill

(expanding stem cell research) Democrats took over Congress, vetoed

11 bills (4 overridden)Obama has rarely vetoed bills in

his first 2 yrs

The Line-Item Veto

Presidents have complained about “pork-barrel” legislation Federal spending tacked onto bills in order to

bring $$ to a congressmen’s district▪ Ex – expenditures for a sports stadium might be added

to a bill about crime President would have to veto entire bill

to eliminate the pork Line-Item veto

Veto one part of the bill, not whole thing Clinton did it in 1996, Supreme Court said it was

unconstitutional in 1998

The President’s Inherent Powers

Inherent Powers Powers that are necessary to carry out

the specific responsibilities of the president given by the Constitution

Some rights given to the president have been implied Constitution is very vague as to how

to carry out the expressed powers in the Constitution

The Expansion of Presidential Powers

Constitution uses general language, each president interprets it differently

Washington set precedents Removed officials from office Met regularly w/ members from each

branch for political advice Chief Legislator

The Expansion of Presidential Powers

Lincoln (during Civil War) Suspended certain constitutional liberties Spent funds that Congress did not appropriated Blockaded southern ports Banned “treasonable correspondence” from

the US mail Did all this under the Commander in

Chief power and constitutional responsibility to “take Care that the Laws be faithfully executed”

The President’s Expanded Legislative Powers

President sends special messages to Congress Call on Congress to enact laws that the

president thinks are necessary Persuade Congress to support certain

legislation Send aids to lobby on Capitol Hill

The Power to Persuade

Persuading others plays a large role in determining presidents success

Richard Neustadt “Presidential power is the power to

persuade.” President needs cooperation from

others in order to get things done Important b/c of our divided govt

President must overcome opposition of Congress if it belongs to the opposite party

Going Public

Going Public Using press conferences, public appearances,

and televised events to gain public support of certain legislation

Public can pressure their legislators to go along w/ the president Support of the public plays a huge role in the

legislative process Public opinion of the president has

been known to follow whether or not our economy is doing well

The Power to Influence the Economy

FDR had some the greatest expansion of presidential power Regulated the economy during the Great

Depression Since then, we expect the president to be

involved in economic and social issues Economic Report of the President

Budget suggestion from the president to Congress

State of the nation’s economy and ways to improve it

The Legislative Success of Various Presidents

Figure 12-1 p 268Success is defined as how often

a president got his legislation passed

“Honeymoon Period” Success very high in the beginning of

the termMedia looks at the first “100

days” to see how well a president is doing

Obama had the most successful first year in the last 50 years

The Increasing Use of Executive Orders

Inherent power to issue Executive Orders Presidential orders to carry out policies described

in laws that have been passed by Congress Have the force of law Examples▪ Restructure White House bureaucracy, ration consumer

goods and set wage and price controls during emergencies, regulate export of certain goods, etc.

Issued frequently, some presidents issue around 100 in a year

An Unprecedented Use of Signing Statements

Signing Statement Written statement issued by a president

at the time they sign a bill into law James Monroe was first to write one Praise the legislation, criticize the

opposition, note constitutional problems, provide details on how the exec branch will interpret the law

An Unprecedented Use of Signing Statements

Reagan issued 249 signing statements Most contained constitutional issues Published in the U.S. Code Congressional and

Administrative News G.W. Bush’s 161 signing statements

challenged 1100 clauses of federal law Some felt this was a constitutional crisis Thought he was trying to reinstate the line

item veto Rejected Congress’s authority to ban torture and

affirmed that the president could open anyone’s mail

Evolving Presidential Power in Foreign Affairs

Only Congress can declare war, Senate approves treaties

Washington Ignored an alliance w/ France when war

broke out b/w them and Great Britain Wanted to remain neutral Led the way for presidents to decide

whether or not to engage in military action or not

Executive Agreements

Executive Agreements Pacts b/w a president and other heads of

state Same legal status as a treaty Do not require Senate approval▪ Congress can refuse to fund the executive

agreement


Can involve trade or assistance to other countries

FDR Formed an agreement w/ Churchill in

1940 U.S. would lend destroyers to Britain to

help protect that nation and its shipping during WWII

U.S. was given permission to use military bases on British territories in Western Hemisphere


Congress passed a law in 1972 that requires the president to inform Congress w/in 60 days of making any executive agreement

Didn’t actually limit the # of executive agreements

Military Actions

U.S. has been involved in more than 200 military activities Congress has only declared war 5

times FDR ordered the Navy to “shoot on

sight” any German submarine that entered the W. Hemisphere security zone

Truman sent troops to Korea in 1950

Military Actions

Entered Vietnam w/o a declaration of war

1970, Nixon invaded Cambodia Reagan invaded Lebanon and

Grenada in 1983 Ordered fighter jets to attack Libya in

1986 in retaliation for terrorist attacks on U.S. soldiers

War Powers Resolution

Congress members became angry at the lengthy involvement in Vietnam in 1970s

War Powers Resolution of 1973 Passed over Nixon’s veto Requires the president to notify Congress w/in 48

hrs of deploying troops Prevents the president from sending troops

abroad for more than 60 days (90 days if more time is needed)

Congress must approve a longer time period, if not, troops must return home

The War on Terrorism

Congress passed a joint resolution Authorized the president to use “all necessary and

appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001.”

2002 – joint resolution authorizing invasion of Iraq

Executive orders Created military tribunals for trying terrorist suspects Could hold American citizens as “enemy

combatants” denying them an attorney

Nuclear Weapons

President has the power to decide whether or not to use nuclear weapons Truman made the decision in 1945, also,

picked the locations himselfPresident travels at all times w/

the “football” Briefcase containing the codes used to

launch a nuclear attack

Section 4 – Congressional and Presidential Relations

Advantage: Congress

Congress has advantage in areas of legislative authorization, regulation of foreign and interstate commerce, and some budgetary matters Congress passes legislation and appropriates $$ President can only veto a bill

Presidents pay attention to approval ratings of the public and meets w/ the press Tries to gain leverage in Congress

Divided Government

At least one chamber of Congress is controlled by a separate party than the White House Difficult to get things passed

Clinton, after Republicans took over in 1995, had his success rate drop from 86.4% to 36.2%

Bush had same problem in 2007

Different Constituencies

Congressmen have a regional focus (state or district) Legislative success of their own (bases that

remain operative, public-works programs that create jobs, trade rules that benefit a big employer)

President focuses on whole nation Natl defense, homeland security, natl

economy Puts president at odds w/ own party members

sometimes

Different Constituencies

Different term limits and years per term make the president and Congress have a sense of urgency Try and get legislation passed as fast as

possible First year of the presidents term

Advantage: President

Dealing w/ natl crisis, setting foreign policy, and in influencing public opinion President can make quick and

decisive decisions when a crisis happens

Some feel the president becomes too powerful during a crisis and others feel it is necessary

Executive Privilege

Public and Congress agree that the president is allowed some secrecy in order to protect natl security

Executive Privilege An inherent power President can w/hold info from, or refuse

to appear before, Congress or the courts Also pass along the privilege to other

exec members

Executive Privilege

Nixon invoked exec privilege when trying to keep the tapes of conversations being given to Congress

Watergate Scandal An illegal break in at the Democratic

National Committees office in 1972 by Nixon’s reelection staff

Clinton used it to keep details of his sexual relations w/ Monica Lewinsky

Executive Privilege

Bush used it after Democrats started investigating some of his actions Blocked people from testifying and

stopped Congress from seeing different documents dealing w/ firings of attorneys

Section 5 – The Organization of the Executive Branch

The President’s Cabinet

Constitution doesn’t mention assistants or advisers for the president “may require the Opinion, in writing, of the

principal Officer in each of the executive Departments”

Cabinet An advisory group selected by the president to

assist w/ making decisions Heads of the exec depts and other officers the

president can appoint Original 4 were secretaries of state,

treasury, and war and the attorney general

The President’s Cabinet

14 cabinet members today Table 12-2 pg 273

Additional members can be added depending on the president Vice President is usually a member Clinton added 10 officials, Bush added 5 Obama added various members

Use of the Cabinet

Use is up to the presidentKitchen Cabinets

Very informal group of persons to whom the president turns for advice

Cabinet members sometimes more worried about their own offices and own political ambitions Trying to better their depts than helping

the president

Obama’s Cabinet

Appointed a large number of “czars” Each have responsibility for a certain

policy areaCritics feel that the czars

undercut the authority of cabinet members Czars don’t have to be confirmed by

Senate like the cabinet members do▪ Congress loses leverage

The Executive Office of the President

The Executive Office of the President (EOP) Group of staff agencies that assist the

president in carrying out major duties FDR set it up during Great Depression to

help w/ increasing responsibilities Expanded more w/ growing govt and

expanding economy and society

The Executive Office of the President

EOP has changed over the years depending on the president

Table 12-3 pg 274All of the offices w/in the EOP

are subject to change Add or get rid of certain offices

The White House Office

White House Office Personal office of the president Personnel handle political needs and manage

the media Direct contact w/ the president

Chief of Staff is the head of the White House Office Advises president on important matters and

directs operations Aid president w/ natl security, economy, or

political affairs


Press Secretary Meets w/ reporters and makes public

statements for the president Has a counsel that serves as the

White House lawyer and handles legal matters

White House Office has over 400 members


Investigates and analyzes problems that require the presidents attention Gather info and advise the president

Screen questions and issues in order to decide if someone other than the president can handle it

Handle public relations (media and press corps)

Staff ensures that the president’s initiatives reach the right people some work directly with a congressmen

The Office of Management and Budget

Office of Management and Budget (OMB) Agency in the EOP that assists the

president in preparing and supervising the administration of the federal budget

Budget lists the revenues and the spending of the federal govt

President can influence the direction and policies of the govt w/ changes in the budget

The Office of Management and Budget

Head of the OMB is appointed by the president and confirmed by the Senate Gives the budget to Congress and is

involved in persuading Congress to pass it

Once approved, OMB enforces the budget

OMB also checks legislation to make sure the president’s position is represented

The National Security Council

The National Security Council (NSC) 1947 Council that advises the president on

domestic and foreign matters concerning the safety and defense of the nation

President, VP, and the secretaries of state and defense are the members

President’s link to his foreign and military advisers Special assistant for natl security heads

the NSC

The Vice Presidency and Presidential Succession

President will pick someone to balance out the ticket President from the South might choose

someone from the West to be their VP▪ Bush picked Cheney for his experience on the

natl level▪ McCain chose Palin to get female votes▪ Obama chose Biden for his 35 yrs of

experience in Congress

The Role of the Vice PresidentAlmost no responsibilities

Still can become president (9 VP’s have become president b/c of death or resignation)

One of the most important advisers to the president Carter relied heavily on VP Walter Mondale Clinton relied on Gore

Cheney Placed important party members throughout

govt so Bush could have influence everywhere

Presidential Succession

25th Amendment When the president believes he is incapable of

performing the duties of the office, he must inform Congress in writing

VP then serves as acting president until the president can resume his normal duties

If president can’t communicate then a majority of the cabinet and the VP tell Congress

No timeline of when the president will come back, 2/3 of both chambers of Congress vote to see if VP stays in


If VP becomes vacant, president chooses another 2/3 of both chambers of Congress

approve or deny Ford was picked as VP after Agnew

resignedNixon then resigned, Ford

became president and he chose Rockefeller as his VP First time in U.S. history neither the

president nor the VP were elected by the people


President and Vp both die, resign, or are disabled; Speaker of the House takes presidency

Senate Pro Tempore is after Speaker of the House

Succession table 12-2 pg 273

ch12 presidentppt

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