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AppreciableTsavorite

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University of Texas at Arlington

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US Presidency US Government Constitutional Law American History

Summary

This lecture covers the Presidency, focusing on constitutional requirements, roles, powers, election processes, and controversies surrounding the US presidency. A critical overview on presidential action and its context.

Full Transcript

# Lecture 6: The Presidency ## Constitutional Requirements - Article II, Section 1: - Must be 35 years old - Must be a natural-born citizen - Must have resided in the US for at least 14 years - Article II, Section 1: - "Before he enter on the Execution of his Office, he shall take...

# Lecture 6: The Presidency ## Constitutional Requirements - Article II, Section 1: - Must be 35 years old - Must be a natural-born citizen - Must have resided in the US for at least 14 years - Article II, Section 1: - "Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: I do solemnly swear (or affirm) 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." ## Constitutional Roles - Commander in Chief - Chief Executive - Chief Diplomat - Legislative Leader ## Constitutional Powers - Commander in Chief - Article II, Section 2: The President shall be 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; he may 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, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. - Chief Executive - Article II, Section 2: He shall have Power... to nominate, and by and with the Advice and Consent of the Senate, shall appoint 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, and which shall be established by Law. - Article II, Section 3: he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States. - Legislative Leader - Article II, Section 3: He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper ## Unique Role of the Presidents - Hamilton outlines the presidency in Federalist 70 - Framers wanted an "energetic" presidency - Only National Elected Office - Maintains Singular Authority ## Selection of the President - Original Selection (1788-1828) - Electoral College - Compromise by Framers - Gives states a role in selection of president - Each state has 1 Elector for each Representative or Senator - Modern total of 538 - Party Convention (1832-1900) - Party Convention, Primary (1904-1968) - Party Primary, Open Caucus (1972-Present) ## Modern Selection Process 1. Candidates announce intention to run 2. Primary/Caucus debates 3. Primaries/Caucus held 4. Nominating Convention 5. Presidential Debates 6. Election Day ## Modern Electoral College - 270 to Win - Party leaders select electors, who almost always vote for their party's candidates. - 48 out of the 50 states have a "winner takes all" method. - 2 states (Nebraska and Maine) split electors ## Does Popular Vote Matter? ## Non-Popular Vote Presidents - Rutherford B. Hayes (1876) - Benjamin Harrison (1888) - George W. Bush (2000) - Donald J. Trump (2016) ## Electoral College Debate - Pros: - The Electoral College protects the interests of minorities. - It gives more power to the states. - It allows for a stable two-party system. - Cons: - The complexity of the system can dissuade people from voting. - The candidate favored by the majority may not win. - Swing states and small states are given more power. - By about 2 to 1, Americans want popular vote, not Electoral College, to decide who is president ## Presidential Change ## Expansion of Power: Jackson - Jackson elected through Populism - Rewarded supporters with governmental appointments - Made common use of the Veto Power - Openly defied the Supreme Court - Demonstrated strength of Federal power over the States ## Retreat of Presidential Power - Whig Theory of Power - Returned to a "weak" presidency - President holds a limited office and is primarily an administrator - Best exemplified by James Buchanan ## Era of the Forgettable Presidents - Andrew Johnson 1865-1869 - Ulysses S. Grant 1869-187 - Rutherford B. Hayes 1877-1881 - James A. Garfield 1881 - Chester Alan Arthur 1881-1885 - Grover Cleveland 1885-1889 - Benjamin Harrison 1889-1893 - Grover Cleveland 1893-1897 - William McKinley 1897-1901 ## Re-Expansion of Presidential Power - Stewardship Theory of Power - Early 1900s saw expansion of presidential power - Presidents are limited only by what is expressly prohibited - Best exemplified by T. Roosevelt

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