Summary

This presentation covers various aspects of the US presidency, including the qualifications needed to become president, presidential powers (enumerated and implied), legislative checks(veto, line-item veto, pocket veto), judicial checks (clemency, pardon, commutation), executive orders, executive agencies, and the electoral college.

Full Transcript

Unit 2 Content Terms Insuring Domestic Tranquility Qualifications to be president ○ 35 years old ○ Born in the US ○ Has lived in the US for at least 14 years Presidential Powers Expressed/Enumerated Implied/Informal/Inherent /Formal ○ Powers not explici...

Unit 2 Content Terms Insuring Domestic Tranquility Qualifications to be president ○ 35 years old ○ Born in the US ○ Has lived in the US for at least 14 years Presidential Powers Expressed/Enumerated Implied/Informal/Inherent /Formal ○ Powers not explicitly ○ Those that are stated but have explicitly stated in emerged over time due the Constitution to needs of office/country ○ Raises questions of constitutionality* Enumerated Powers of the President ○ Chief Executive (Controls EB) ○ Diplomatic Powers ○ Negotiate Treaties with Foreign Governments/Receives Ambassadors ○ With Senate Approval ○ Military Powers ○ Commander-in-Chief of the Armed Forces ○ Legislative Powers ○ Pass/Veto Laws (Art. I)Call Congress into session (Override Veto?) ○ Deliver “State of the Union” to Congress ○ Power of Recommendation ○ Judicial Powers (Federal) ○ Clemency-Grants Reprieves/Pardons/Commutations ○ Nominate Judges (including SC), Ambassadors, and other Federal Officers ○ Appointed by Senate Implied Powers of the President ○ War Powers ○ Chief of Party- Guide Party and be figurehead/fundraiser ○ Chief of State-Awards/Greet Teams/Speeches ○ Emergency Powers ○ Executive Privilege ○ Executive Orders (Take care that the laws be faithfully executed) ○ Power of Recognition ○ Guardian of Economy Latin derivation- “I Forbid” Legislative Checks Veto Line Item Veto ○ President may reject legislation (10 days), ○ Executive has authority returning it to Congress for to adopt certain portions changes of proposed legislation, ○ BUT, President must approve or veto legislation and reject others completely, and exactly as ○ Clinton v. City of New York it is written by Congress (1998) ruled this ○ Usually used as a threat to unconstitutional for guide legislation President Pocket Veto ○ When Congress is in session, President has 10 days (excluding Sundays) to sign or veto a bill. If she/he does nothing, bill becomes law ○ HOWEVER , If Congress is not in session at end of 10 day period, bill is vetoed (Pocket Veto) ○ BUT When would this be used? ○ Lame Duck Congress ○ Last, Clinton, Dec 2000 Judicial Checks Clemency-leniency regarding a punishment Commutations/Reprieve Pardons s ○ Power to absolve person of ○ Power to reduce consequences for federal (commute) penalty of a crimes crime to a less harsher one ○ Can occur before or after ○ Cancel/postpone conviction sentence (Capital ○ Does not imply innocence Punishment) ○ Pardon oneself? Executive Order ○ President issues directive/mandate to EB or exercises actions delegated to him/her by Congress ○ Carry the same weight as law but easily repealed ○ Subject to Judicial Review ○ Implied Power ○ “Take care that the laws be faithfully executed” Executive Agencies ○ The “Machinery of Government” ○ Cabinet Departments, and their staffs, responsible for enforcing legislation and advising the president ○ Also write regulations, adjudicate disputes, and issue punishments (and so raise Constitutional questions of separation of powers) Electoral College ○ System by which President is elected ○ If a candidate wins popular vote of state, candidate earns Electoral Votes equal to total number of Congressional representatives the state has (House + Senate) if state follows winner take all (48 states) ○ ME and NE-follow congressional district method ○ A candidate needs 270 Electoral Votes to win ○ Faithless elector? Electoral College Continued ○ Proponents claim it ○ Opponents claim it reduces impact of fraud subverts the will of the ○ Also ensures a role for people - it shouldn’t smaller states in matter where you live selecting President ○ Gives smaller states a ○ People don’t know disproportionate role enough to be the only ones choosing Impeachment ○ The President, like all Federal Officials, may be impeached for “high crimes and misdemeanors” ○ Starts when House of Representatives passes “articles of impeachment” by simple majority ○ Then Senate tries the case w/ SCOTUS Chief Justice presiding ○ 2/3 of Senate must vote to convict ○ Punishment is removal from office, though Senate may vote to forbid person from ever holding office again ***Does not bar further criminal prosecution*** Lame Duck An elected official in the final period of office, after the election of a successor ○ Actions have reduced political implications... Role of Political Parties Organize Voters around common message Voter Registration Fundraise Energize electorate Work to elect party members Educating Voters Train Candidates Presidential Succession ○ Qualifications to be President? ○ What does the Constitution say about succession? ○ Article II, Section I, Clause VI ○ Presidential Succession Act of 1947 ○ Established full list of Cabinet members ○ 25th Amendment explains the process if a President resigns or cannot function as President any longer

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