The Presidency in ActionUnit 3

Article II of the Constitution

• “the executive power shall be vested in the President of the United States of America”

The President: Some Facts• Elected to a four-year term

by the people who elect electors.

• The Slate of electors make up the Electoral College

• The 22nd Amendment places a term limit on the Presidency.

• Must be 35, 14 year resident and a natural born citizen.

The Two Term Precedent• FDR was the only president to win more than two

terms.• He led the US through the Depression and WW II.• George Washington set the precedent for the limit

of two terms until the 22nd Amendment made law in 1951

Franklin D. Roosevelt (1933-1945)

Main Job: Chief of Main Job: Chief of StateState

Acts as example for and symbol of the Acts as example for and symbol of the United StatesUnited States

Represents America at special Represents America at special occasions and ceremonies.occasions and ceremonies.

Kings and Queens are heads of state.Kings and Queens are heads of state. Awarding medals and speechmaking Awarding medals and speechmaking

are examples of this role.are examples of this role.

Chief ExecutiveChief Executive Acts as boss of federal Acts as boss of federal

government workers in 15 government workers in 15 executive departments.executive departments.

These departments help the These departments help the President carry out, enforce, or President carry out, enforce, or execute the law.execute the law.

The president chooses cabinet The president chooses cabinet members to advise and assist members to advise and assist him.him.

Example: Holding cabinet Example: Holding cabinet meetings and appointing federal meetings and appointing federal officials.officials.

CHIEF DIPLOMATCHIEF DIPLOMAT

Conducts foreign policy by directing Conducts foreign policy by directing the actions of American the actions of American ambassadors.ambassadors.

Signs treaties and trade agreements Signs treaties and trade agreements with leaders of other nations.with leaders of other nations.

In charge of US Armed Forces.In charge of US Armed Forces. President decides where armed President decides where armed

forces are to be stationed, forces are to be stationed, weapons to be used.weapons to be used.

Secretary of Defense under Secretary of Defense under President.President.

Chairman of the Joint Chiefs is Chairman of the Joint Chiefs is the top military commander the top military commander under President.under President.

COMMANDER-IN-CHIEFCOMMANDER-IN-CHIEF

CHIEF LEGISLATORCHIEF LEGISLATOR

Congress has the power to make laws.Congress has the power to make laws. President can propose bills and must President can propose bills and must

sign bills into law.sign bills into law. He often calls members of Congress He often calls members of Congress

to lobby for his agenda.to lobby for his agenda. Presents his agenda to Congress in Presents his agenda to Congress in

the annual State of the Union address.the annual State of the Union address.

CHIEF OF THE PARTYCHIEF OF THE PARTY

Presidents help Presidents help members of their members of their party get elected or party get elected or appointed to office.appointed to office.

They make They make campaign speeches campaign speeches needed for re-needed for re-election.election.

Head of fund-raising Head of fund-raising for the party.for the party.

Roles v. PowersRoles v. Powers

Commander-in-Commander-in-ChiefChief

Chief ExecutiveChief Executive Chief LegislatorChief Legislator Head of StateHead of State Chief DiplomatChief Diplomat Head of Political Head of Political

PartyParty

Judicial PowersJudicial Powers Legislative PowersLegislative Powers Executive PowersExecutive Powers Diplomatic PowersDiplomatic Powers Military PowersMilitary Powers

Presidential Power

Stewardship Theory: The president has the right to do anything necessary to meet the demands of the people….unless the Constitution forbid that action

– Theodore Roosevelt

“My judgment is that the view of Mr. Roosevelt, ascribing an undefined residuum of power to the President, is an unsafe doctrine”

- William Howard Taft

Presidential Power

The president’s executive powers

• Thomas Jefferson stated “The execution of the laws is more important than the making of them.”

What do you think?

• Executes, enforces, administers, and carries out the provisions of federal law

The president’s executive powers

• Covers all federal laws such as…Armed forcesSocial securityCivil rightsHousingTaxesEnvironmental pollutionPublic HealthImmigration

The president’s executive powers

• Executive order: a rule or regulation that has the effect of law.

example = Abraham Lincoln’s 1862 Emancipation Proclamation

The president’s executive powers

The president’s executive powersAppointing

Power

• President appoints only a handful of the 3 million federal civilian employees

These include…top ranking officials such as:• Ambassadors• Diplomats• Cabinet members • Heads of agencies (NASA/EPA)

*MUST be approved by the Senate for confirmation

The president’s executive powers

Executive privilege: The power of the president and the executive branch to resist certain search warrants and other encroachments.

George W. Bush invoked this regarding Dick Cheney’s involvement with energy executives (Former CEO of Halliburton)

The president’s executive powers

The president’s foreign policy powers

“I could not realize-nor could any man who does not bear the burdens of this office-how heavy and constant would be those burdens” (of the presidency)

- JFK

The power to make treaties: The President negotiates international agreements that must be approved by a 2/3 Senate vote before the treaty can become effective.

The president’s foreign policy powers

The president’s foreign policy powers

Executive agreements: pacts between the President and the heads of foreign nations.

- Do not require Senate approval like treaties do.

• Recognition: the President’s acknowledgement of the legal existence of a country and its government.

The president’s foreign policy powers

Examples of Recognition:• Republic of Panama in 1903 (Roosevelt)

-recognized Panama as an independent nation in exchange for control of the Panama Canal Area.

• Israel in 1948 (Truman)

-Currently Iran’s President (Ahmadinejad) does not recognize Israel as an independent nation.

The president’s judicial powers

• Reprieve: postponement of the execution of a sentence

• Commutation: power to reduce the length of a sentence or a fine imposed by a court

The president’s judicial powers

• Pardon: legal forgiveness of a crime

• Amnesty: a general pardon offered to a group of law violators

-example-Bush proposed to grant amnesty to illegal immigrants

The president’s judicial powers• The president can appoint federal judges

and supreme court judges

The president’s legislative powers

The Constitution states that the President..

“shall, from time to time, give to the Congress information of the stat of the Union, and recommend to their consideration such measures as he shall judge necessary”

The president’s legislative powers• Recommending Legislation:

president is given the “message power” by the constitution

1. State of the Union

2. Budget

3. Economic Report

• Veto power: The power of the president to reject a bill

-From 1981-1997 only 12 out of 106 vetoes (11 %) were overridden by a 2/3 vote of Congress

• Line item veto: the power to cancel specific dollar amounts (line items) in spending bills enacted by Congress

The president’s legislative powers

VICE-PRESIDENT • John Adams once said,

“I am Vice President. In this I am nothing, but I may be everything”.

• What did he mean by this?

VICE-PRESIDENT OF THE UNITED STATES• Has two formal duties:• 1. Preside over the

Senate and votes in case of a tie.

• 2. Help decide if whether the president is disabled and acts as president if that happens.

Overview of the Vice Presidency:The First 150 Years

• Minimal Constitutional authority• Marginalized by the Senate• Often perceived by Presidents as rivals

Analyzing the VP’s Role• VP’s engagement brings

prestige• Preparation for the

Presidency• VP may not have necessary

staff• VP may not have time• Can establish a VP’s

reputation, but can also harm it

VP OF THE U.S. • Of the thirteen presidential

elections from 1956 to 2004, nine featured the incumbent president; the other four (1960, 1968, 1988, 2000) all featured the incumbent Vice President. The first presidential election to include neither the incumbent president nor the incumbent Vice President on a major party ticket since 1952 came in 2008 when President George W. Bush had already served two terms and Vice President Cheney chose not to run.

PERKS• VP makes a salary of

$227,300 per year.• The Vice President does not

automatically receive a pension based on that office, but instead receives the same pension as other members of Congress based on his position as president of the Senate. The Vice President must serve a minimum of five years to qualify for a pension.

• Lives at Number One Observatory Circle on U.S. Naval Observatory in D.C.

VP VACANCY• Before the Twenty-fifth

Amendment in 1967, no provision existed for filling a vacancy in the office of Vice President. so the Vice Presidency was left vacant 16 times, sometimes for nearly four years.

• After 25th, only one VP resigned (Agnew – 1973)