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ComplimentaryDidgeridoo

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US presidency US politics government American politics

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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