The Presidency PDF

Three Formal Requirements Be at least 35 years old Reside for at least fourteen years in the United Sates Natural born citizen Informal Requirements Experience in government Moderate political views Leadership skills Strong financial support Communi...

Three Formal Requirements Be at least 35 years old Reside for at least fourteen years in the United Sates Natural born citizen Informal Requirements Experience in government Moderate political views Leadership skills Strong financial support Communication skills An understanding of people Ability to compromise Political courage Electoral College Votes The Framers devised the Electoral College because he did not trust the average person’s judgment Candidates often begin by forming a political action committee (PAC) for fundraising. A candidacy is official when it is registered with the Federal Election Commission (FEC). After the primaries, each party nominates its candidates at the party nominating convention The candidates engage in a flurry of expensive campaigning before the general election. Electoral College Issues As a winner-take-all all system, a candidate could lose the popular vote yet win the electoral vote. A strong third-party candidate could prevent anyone from receiving a majority of the votes. If the election falls to the House, these are more issues of concern. Several ideas have been suggested for reforming or eliminating the Electoral College system. Many Roles of The President The Constitution speaks briefly about the duties and obligations of the president. Based on a brief list of powers and the precedents of history, the presidency has grown into a very complicated job that requires balancing at least 5 constitutional roles. It is worth noting that one person who plays all of these roles may at times come into conflict  1. Chief of State — ceremonial head of state — as chief of state, the president engages in a number of activities that are largely symbolic or ceremonial, such as the following: Decorating war heroes Throwing out the first pitch to open the baseball season Dedicating parks and post offices Receiving visiting chiefs of state at the White House Going on official state visits to other countries Making personal telephone calls to astronauts Representing the nation at times of national mourning Being chief of state gives the president tremendous public exposure, which can be an important asset in the campaign for reelection When that exposure is positive, it helps the president deal with Congress over proposed legislation and increases the chances of being re-elected — or getting the candidates of the president’s party elected. The Power of Appointment and Removal The president only nominally runs the executive bureaucracy, for most government positions are filled by civil service employees. Even though the president has appointment power, it is not very extensive, being limited to cabinet and sub-cabinet jobs, federal judgeships, agency heads, and about 2000 lesser jobs. Chief Executive: the president is constitutionally bound to enforce the acts of Congress, the judgments of federal courts, and treaties signed by the United States To assist in the various tasks of the chief executive, the president has a federal bureaucracy. 1. Commander in Chief: according to the Constitution, the president is the commander in Chief of the army and navy. In other words, the armed forces are under civilian, rather than military, control The president is the ultimate decision-maker in military matters. Only the president has the power to order the use of nuclear force. Constitutionally, Congress has the sole power to declare war, but the president can send the armed forces into a country in situations that are certainly equivalent of war. In an attempt to gain more control over such military activities, in 1973 Congress passed the War Powers Resolution — over President Nixon’s veto — requiring that the president consult with Congress when sending American forces into action. Once they are sent, the president must report to Congress within 48 hours. Unless Congress approves the use of troops within 60 days or extends the 60-day time limit, the forces must be withdrawn. In spite of the War Powers Resolution, the powers of the president as commander-in-chief are more extensive today than they were in the past.  These powers are linked closely to the president’s powers as chief diplomat, or chief crafter of foreign policy. The Power to Grant Reprieves and Pardons—Section 2 of Article II of the Constitution gives the president the power to grant Reprieves (a delay or temporary suspension of punishment) and pardons (government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction) for offenses against the United States except in cases of impeachment. All pardons are administered by the Office of the Pardon Attorney in the Department of Justice. In principle, pardons are granted to remedy a mistake made in a conviction The Supreme Court upheld the president’s power to grant reprieves and pardons in a 1925 case concerning the pardon granted by the president to an individual convicted of contempt of court. The Supreme Court stated that the president could grant reprieves or pardons for all offenses, either before trial during trial, or after trial by individuals, or by classes, conditionally or absolutely, and this without modification or regulation by Congress. 1. Chief Diplomat: the Constitution gives the president the power to recognize foreign governments; to make treaties of the Senate; and to make special agreements with other heads of state that do not require congressional approval. In addition, the president nominates ambassadors As chief diplomat, the president dominates American foreign policy, a role that has been supported numerous times by the Supreme Court. Diplomatic Recognition or the power to recognize—or refuse to recognize—foreign governments. In the role of ceremonial head of state, the president has always received foreign diplomats. In modern times the simple act of receiving a foreign diplomat has been equivalent to accrediting the diplomat and officially recognizing his or her government Such recognition of the legitimacy of another country’s government is a prerequisite to diplomatic relations or negotiations between that country and the United States. Deciding when to recognize a foreign power is not always simple. People’s Republic of China. Proposal and Ratification of Treaties: the president has the sole power to negotiate treaties with other nations. These treaties must be presented to the Senate, where they may be modified and must be approved by a 2/3 vote. After ratification, the President can approve the senatorial version of the treaty. The president may decide to withdraw a treaty if senatorial changes are too extensive. Executive Agreements: presidential power in foreign affairs is enhanced greatly by the use of executive agreements made between the president and other heads of sales. Such agreements do not require Senate approval, although the House and Senate may refuse to appropriate the funds necessary to implement them. Whereas treaties are binding on all succeeding administrations, executive agreements are not binding without each new president’s consent. Among the advantage of executive agreements are speed and secrecy. The former is essential during a crisis, the latter is important when the administration fears that open senatorial debate may be detrimental to the best interests of the United States or the interest of the president. There have been more executive agreements (about 9000) than treaties (about 1300). 1. Chief Legislator: Constitutionally, presidents must recommend to Congress legislation that they judge necessary and expedient In modern times, the president has played a dominant role in dealing with the congressional agenda State of the Union Message which is required by the Constitution and is usually given in late January shortly after Congress reconvenes. Getting Legislation Passed: the president can propose legislation, but Congress is not required to pass any of the administration’s bills. How, then does the president get those proposals made into law? One way is by exercising the power of persuasion—the president writes to, telephones, and meets with various congressional leaders; makes public announcements to force the weight of public opinions onto Congress in favor of a legislative program, and as head of the party, exercises legislative leadership through the congressperson of the president’s party. Saying No to Legislation: the president has the power to say no to legislation through the use of the veto, by which the White House returns a bill unsigned to Congress with a veto message attached. Because the Constitution requires that every bill passed by the House and the Senate be sent to the president before it becomes law, the president must act on each bill. Sign it, veto it, allow it to pass, or pocket veto. Congress’s Power to Override Presidential Vetoes a veto is a clear-cut indication of the president’s dissatisfaction with congressional legislation. Congress can override a presidential veto—2/3 of the members of both houses who are present can vote to override the president’s veto in a roll-call vote. Measuring the Success or Failure of a President’s Legislative Program  One way of determining a president’s strength is to evaluate that president’s success as a chief legislator. A strong president may be one who has achieved much in the administration’s legislative program; a weak president has achieved little. Other Presidential Powers The powers of the president are called constitutional powers because their basis lies in the Constitution. Congress has established by law, or statute, numerous other presidential powers — such as the ability to declare national emergencies. These are called statutory powers. Both constitutional and statutory powers have been labeled the expressed powers of the president because they are expressly written in the Constitution or into law. Presidents also have inherent powers. These depend on the loosely worded statement in the Constitution that “the executive power shall be vested in a president” and that the president should “take care that the laws be faithfully executed.” The most common example of inherent powers is those emergency powers invoked by the president during wartime. The President as Party Chief and Superpolitican As a party leader, the president chooses the national committee chairperson and can try to discipline party members who fail to support presidential policies. One way of exerting political power within the party is by patronage—appointing individuals to government or public jobs. The most important role that the president played for his party in the late 1990s and early 2000 was that of fund-raiser. Because of he ability of political parties to accept unregulated contributions in the form of “soft money,” the president is able to raise large amounts of money for the political party through appearances at dinners, speaking engagements, and other social occasions. The president may agree to campaign for a particular program or for a particular candidate. Presidents also reward loyal supporters in Congress with funding for local projects, tax breaks for regional industries, and other forms of “pork.” Special Uses of Presidential Power Presidents have at their disposal a variety of special powers and privileges not available in other branches of the U.S. government. Emergency Powers: an inherent power exercised by the president during a period of national crisis, particularly in foreign affairs. The Supreme Court has indicated that an “emergency does not create power.” Executive Orders: a rule or regulation issued by the president that has the effect of law. These executive orders can do the following: - Enforce legislative statutes - Enforce the Constitution or treaties with foreign nations - Establish or modify rules and practices of executive administrative agencies - An executive order represents the president’s legislative power. The only requirement is that under the Administrative Procedure Act of 1946, all executive orders must be published in the Federal Register, a daily publication of the U.S. government - Executive orders have been used to establish some procedures for appointing non-career administrators to implement national affirmative action regulations, to restructure the White House bureaucracy, to ration consumer goods and to administer wage and price controls under emergency conditions, to classify government information as secret, and to regulate the export of restricted items. Executive Privilege: another inherent executive power that has been claimed by the presidents. Concerns the ability of the president and the president’s executive officials to refuse to appear before, or to withhold information from Congress or the courts. It relies on the constitutional separation of powers for its basis. Abuses of Executive Power and Impeachment Articles I and II of the Constitution authorize the House and Senate to remove the president, vice president, or other civil officers of the United States for crimes of “treason, bribery, or other high crimes and misdemeanors.” The impeachment process begins in the House, which impeaches (accuses) the federal officer involved. If the House votes to impeach the officer, it draws up articles of impeachment and submits to the Senate, which conducts the actual trial. If a president is impeached, the Supreme Court Justice hears the case. In the history of the U.S. no president has been impeached and also convicted. The Cabinet: Although the Consitution does not include the word cabinet, it does state that the president “may require the opinion, wiritng, of the principal officer in each of the executive departments.” - Originally the cabinet consisted of only four officials – the secretaries of state treasury, and war, and the attorney general.  - Because neither the Constitution nor statutory law requires the president to consult with the cabinet, its use is purely discretionary. Some presidents have relied on the counsel of their cabinets more than others. - In general, few presidents have relied heavily on the advice of their cabinet members. - Often, a president will use a “kitchen cabinet” to replace the formal cabinet as a major source of advice. A kitchen cabinet is a very informal group of advisors, who usually are the friends of the president with whom the president worked before being elected. - Often, the department heads are more responsible to the wishes of their own staff or to their own political ambitions than they are to the president. The Vice Presidency The Consitution does not give much power to the vice president. The only formal duty is to preside over the Senate – which is rarely necessary. The Vice President’s Job Vice presidents have traditionally been chosen by presidential nominees to balance the ticket to attract groups of voters or to appease party factions In recent presidential elections, vice presidents have been selected for other reasons. Vice presidents infrequently have been presidents in their own light.