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THE AMERICAN
PRESIDENCY
UNIT 16
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Constitutional Convention (1787)
Powers of the President: executive, judicial,
legislative, foreign affairs, military
Checks and balances: limitations of
presidential powers
Elections
Impeachment
THE CONSTITUTIONAL
CONVENTION
Philadelphia, May-Sept.1787
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The Founding Fathers had two opposing
fears regarding the office of the Presidency:
1) Making it too powerful might lead to
tyranny
2) Making it too weak might repeat the
mistakes of the Articles of Confederation
Independent executive with definite and
important powers and limitations upon
those powers
THE CONSTITUTION OF THE U.S.
ARTICLE II: THE EXECUTIVE
BRANCH
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1. Term of Office
The executive power shall be vested in a
President of the United States of America.
He shall hold his office during the term of
four years, and, together with the Vice
President, chosen for the same term, be
elected as follows:
2. Number of Presidential
Electors per State
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Each state shall appoint …a number of
electors, equal to the whole number of
Senators and Representatives to which
the state may be entitled in the
Congress (…)
3. Election Procedures of
the Electoral College and
Congress
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(The electors shall meet in their respective
states, and vote by ballot for two persons
(…) And they shall make a list of all the
persons voted for, and of the number of
votes for each; which list they shall sign and
cerify, and transmit sealed to the seat of the
governmnt of the US, directed to the
president of the Senate.
3.Election Procedures of
the Electoral College and
Congress
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The President of the Senate shall, in
the presence of the Senate and House
of Representatives, open all the
certificates, and the votes shall then
be counted. The person having the
greatest number of votes shall be the
President (…)
4. Nationwide Election
Day
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The Congress may determine the time
of choosing the electors, and the day
on which they shall give their votes;
which day shall be the same
throughout the United States
5. Requirements Set for
the President
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No person except a natural-born
citizen shall be eligible to the office of
President; neither shall any person be
eligible to that office who shall not
have attained to the age of thirty-five
years and been fourteen years a
resident within the United States
6. Filling a Presidential
Vacancy
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In case of the removal of the President
from office, or of his death,
resignation, or inability to discharge
the powers and duties of the said
office, the same shall devolve on the
Vice President (…)
7. Salary of the President
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The President shall, at stated times, receive
for his services, a compensation, which shall
neither be increased nor diminished during
the period for which he shall have been
elected, and he shall not receive within that
period any other emolument from the
United States, or any one of them.
8. Presidential Oath of
Office
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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.”
Section 2. Powers of the
President
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1. Military, Executive, and Judicial
Powers.
The President shall be Commander in
chief of the Army and Navy of the
United States (…) and he shall have
power to grant reprieves and pardons
for offenses against the United States,
except in cases of impeachment
2. Treaty Making and
Appointive Powers With
the Consent of the Senate
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He shall have power, by and with the advice and
consent of the Senate, to make treaties, provided
two-thirds of the Senators present concur; and he
shall nominate, with the advice and consent of the
Senate (...) 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
(…)
3. Further Powers of the President:
Legislative, Diplomatic, and
Executive
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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;
3. Further Powers of the President:
Legislative, Diplomatic, and
Executive
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he may, on extraordinary occasions,
convene both houses, or either of
them, and in case of disagreement
between, with respect to the time of
adjournment, he may adjourn them to
such time as he shall think proper;
3. Further Powers of the President:
Legislative, Diplomatic, and
Executive
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He shall receive ambassadors and
other public ministers; he shall take
care that the laws be faithfully
executed, and shall commission all the
officers of the United States
POWERS OF THE PRESIDENT
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Executive
Legislative
Judicial
Foreign Affairs
Military Powers
Executive Powers
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The President enforces the Constitution and
the laws passed by Congress; executive
orders
Appoints all important government officials,
including Cabinet officers and members of
administrative agencies
The head of state, ceremonial head of the
government and symbol of national unity
Appointments
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An incoming president may make up
to 6,000 appointments before he takes
office and 8,000 more during his term.
Ambassadors, members of the
Cabinet, and other federal officers appointed by a president with the
“advice and consent” of a majority of
the Senate
Removal from office
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The President can remove any
executive officer from office if he
thinks this is necessary
Executive order
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A directive issued by the President or the
Administration requiring certain acts to be
carried out in domestic or foreign situations
In other countries, similar edicts are known
as decrees.
Some orders - the force of law when made
in pursuance of certain Acts of Congress,
when those acts give the President
discretionary powers.
Legislative Powers
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Every bill passed by Congress must be
signed by the President
The power of veto
Legislative powers
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If the President vetoes a bill, he must
do so within 10 days otherwise the bill
will automatically become law
Congress can override the President’s
veto by a two-thirds vote of each
house
Legislative powers
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If a bill is presented to the President in
fewer than 10 days before Congress
adjourns, he no longer has the
constitutional 10 days to reflect upon a
bill
Pocket veto
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In this case, if the President remains
silent, the bill cannot become law
This is called the „pocket veto”
If the bill is vetoed in this way,
Congress must begin the whole
procedure again at the new session
Power of veto
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Until recently the President could only
accept or reject a complete bill
Now he has the possibility to veto only
specific parts of a bill without affecting
its other provisions
Legislative powers
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President cannot directly introduce
legislative proposals for consideration
in Congress.
He can take an indirect role in shaping
legislation, esp. if the president's party
has a majority in one or both houses
of Congress.
Legislative powers
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President or other officials of the executive branch
may draft legislation and then ask senators or
representatives to introduce them into Congress.
President can further influence the legislative
branch through constitutionally mandated, periodic
reports to Congress.
These reports may be either written or oral, but
today are given as the State of the Union Address,
which often outlines the president's legislative
proposals for the coming year.
Judicial Powers
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The President may grant pardons in
cases involving federal crimes, except
in cases of impeachment
Appoints all federal judges; however,
it is impossible for the President to
remove a justice from the Supreme
Court – their tenure is guaranteed
„during good behaviour”
Powers Over Foreign Affairs
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Determines the foreign policy of the nation and is
responsible for the conduct of foreign affairs
Appoints the Secretary of State, ambassadors,
consuls and ministers; subject to the Senate’s
approval
Directs diplomatic matters and negotiates treaties
with other countries
Receives foreign ambassadors, may recognize or
refuse to recognize foreign governments
Foreign affairs: Treaties
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Treaties – considered as the supreme
law of the land, together with the
Constitution and federal statutes
Congress exerts control over the
executive because it has to pass
legislation to implement the terms of a
treaty
Treaties are not „self-executing”
Foreign Affairs: Treaties
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The ratification of treaties may take a long
time
Most minor foreign policy matters are
handled in the form of executive
agreements which are easier to negotiate
and can be implemented without
Congressional action
This gives the President a larger sphere of
activity and considerable autonomy
Military Powers
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Commander-in-chief of the armed
forces
Appoints the top military commanders
and may remove them from their
commands
May order the armed forces into action
within the U.S. and in other countries
LIMITATIONS ON
PRESIDENTIAL POWERS:
Executive Powers
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Appointments of important government
officials require approval by a majority of
the Senate
Executive orders may be challenged in the
courts and reviewed as to their
constitutionality
Limitations of Legislative
Powers
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President’s requests for legislation need not
be passed by Congress
His veto may be overriden by a two-thirds
vote of each House of the Congress
His party members may refuse to back up
his programs
Limitations on Judicial Powers
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Appointments of federal judges require the
approval of a majority of the Senate
Federal judges have life tenure and decide
cases independently of Presidential wishes
or judgement
Power to grant pardon does not extend to
cases of impeachment
Foreign Affairs
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Appointments of major foreign affairs
officials require the approval of a
majority of the Senate
Treaties with other countries go into
effect only if ratified by two-thirds
majority of the Senate
His foreign policies may be examined
and criticized by Congress committees
Limitations on Military Powers
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Presidential authority does not extend to
declaring war, for that power resides
exclusively in Congress
Management of the military depends upon
Congressional legislation authorizing
conscription and development of weapons
Funds for military expenditures require
Congressional allocations of funds
Elections
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Article II, Section 1, Clause 5 of the
Constitution sets the requirements to hold
office. A president must:
be a natural-born citizen of the United
States;
be at least thirty-five years old;
have been a permanent resident in the U.S.
for at least 14 years.
Elections
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A general election takes place in
November every 4 years
Other than the President and VicePresident, one third of the Senate, all
members of the House of
Representatives, many governorships
and thousands of public officials are
up for election
Electoral process
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1. Primary elections and State
Caucuses
2. The National Conventions
3. The Electoral Campaign
4. Election Day and the Electoral Vote
The National Conventions
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In July and August before a general
election, delegates to each of the two
major Conventions meet to select their
party nominees
The National
Conventions: functions
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1. Each party selects its nominees for
President and Vice-President
2. Each party attempts to unify
different factions within the party
behind its candidates
3. Each party lays out a program of
action to be followed if their candidate
wins: party platform
The Electoral Campaign
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Runs from early September until
Election Day in November
Candidates visit a maximum number
of states, concentrating their efforts
on the most populous ones having an
important number of electoral votes
Election Day and the
Electoral Vote
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Citizens eligible to vote may go to the
polls the first Tuesday in November
Voters do not vote directly for a
presidential candidate, but rather for
an elector
Totality of electors form the Electoral
College translates the popular vote
into the electoral vote
The key to the Electoral
College
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Each state has a certain number of
electoral votes according to its
population
The candidate who receives a majority
of the popular vote in a state, wins all
the electoral votes of that state
The key to the Electoral
College
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In order to win an election, a
candidate must have a majority of the
electoral vote, or 270 of the 538 votes
in the Electoral College
The key to the Electoral
College
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This number is equal to the
composition of the Congress:
100 Senators
435 Representatives
3 District of Columbia
538
Electoral College map 2012
President Obama won the popular vote in 26 states ( blue) to
capture 332 electoral votes. Former Governor Romney won the
popular vote in 24 states (red) to capture 206 electoral votes
Electoral college
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https://www.youtube.com/watch?v=g
5PbodZMA2M
Inauguration Day
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The President Elect is „sworn into
office” by the Chief Justice of the
Supreme Court on January 20th
1st American President
George Washington
(February 22, 1732 -December 14, 1799)
Impeachment Power of
Congress
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An extreme check upon the President
Formal accusation made by a
legislature against a public official
charging crime or serious misconduct
Impeachment against the
President
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The House of Representatives by majority vote may
bring impeachment charges against the President
for “treason, bribery, or other high crimes and
misdemeanors”
The Senate, with the Chief Justice of the Supreme
Court presiding, acts as the jury and hears the
charges
The Senate requires a two-thirds vote to declare
the President guilty and remove him from office
The Impeachment of Andrew
Johnson (1868)
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Johnson became President following
Lincoln’s assassination (1865)
Retained Lincoln’s Cabinet, including
Secretary of War Edwin Stanton, who
demanded harsh measures against the
South
Johnson favored lenient treatment of
the South
The Impeachment of
Andrew Johnson (1868)
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The Tenure of Office Act (1867) prohibited
the President from discharging any major
government official without consent of the
Senate; in spite of this, Johnson fired
Stanton
Impeached by the House of Representatives
Tried before the Senate, Johnson was
declared not guilty by a one-vote margin
The Resignation of Richard
Nixon (1974)
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Watergate: 1) a series of political scandals,
2) the June 1972 break-in at Democratic
national headquarters in Washington at the
Watergate apartments to steal documents
and “bug” the offices, and the subsequent
efforts to hide involvement of top
administration officials by a cover-up
The Resignation of Richard
Nixon (1974)
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Nixon claimed he had no knowledge of
the Watergate break-in;
refused the prosecutor’s request to
hand in additional tapes on the ground
of executive privilege – the right of the
President to maintain the
confidentiality of his records
The Resignation of Richard
Nixon (1974)
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Two articles of impeachment:
1) obstructing justice in the Watergate
cover-up
2) abuse of Presidential power for
personal purposes
The Impeachment of Bill Clinton
(1998)
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The House of Representatives voted
on four articles of impeachment:
1) obstruction of justice,
2) lying under oath (perjury),
3) witness tampering,
4) abuse of power
The Impeachment of Bill
Clinton (1998)
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The House approved two articles that
accused Clinton of perjury and
obstruction of justice
The Senate rejected both articles of
impeachment in February 1999
Both Senate votes fell considerably
short of the two-thirds majority
required for a conviction
Summary
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Constitutional powers of the President:
Head of state
Chief executive
Commander in chief
Chief diplomat
Legislative powers
Limitations of presidential powers: “checks and balances”
Elections
Impeachment
Legal terms
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A proposed or projected law:
Bill
Accusation of a public official for
misconduct, aiming at his removal
from office
impeachment
Legal terms
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A written accusation that person has committed a
crime
Indictment
A person who institutes an official prosecution
before a court
Prosecutor
To examine or investigate judicially
Try
To find or declare guilty of an offence or crime
convict
Legal terms
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A betraying, treachery, or breach of
faith against the government:
Treason
The taking or giving money for the
performance or non-performance of a
public duty
bribery
Legal terms
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A crime of a serious or aggravated
nature; an offence which the U.S.
Senate deems to constitute adequate
grounds for removal of the president,
vice president, or any civil officer as a
person unfit to hold public office and
deserving of impeachment
High crime
Legal terms
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Misbehaviour or misconduct; otherwise, a
less serious crime that is punishable by a
fine or a prison sentence of short duration
Misdemeanor
Deliberate violation of a rule of law or
standard of behavior, especially by a
government official
misconduct
Fill in the missing words: appoints, chief
Congress, enforces, Executive,
government, orders
,
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___powers. The President___ the
Constitution and the laws passed by___. For
these purposes, he may issue executive___.
He___ all important government officials,
including Cabinet officers and members of
administrative agencies. He is the ___of
state, or ceremonial head of the ____and
symbol of national unity.
Key
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Executive Powers. The President enforces
the Constitution and the laws passed by
Congress. For these purposes, he may issue
executive orders. He appoints all important
government officials, including Cabinet
officers and members of administrative
agencies. He is the chief of state, or
ceremonial head of the government and
symbol of national unity.
Put the verbs in brackets
into appropriate forms
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The legislative powers of the President
____(limit, passive). His requests for
legislation need not __(pass, passive)
by Congress either in regular of special
sessions. His veto may ___(override,
passive) by a two-thirds vote of each
House of Congress. His party members
may ___(refuse) to back his program
Key
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The legislative powers of the President
are limited. His requests for legislation
need not be passed by Congress either
in regular of special sessions. His veto
may be overriden by a two-thirds vote
of each House of Congress. His party
members may refuse to back his
program
appointments, impeachment, judicial,
judgment, pardons, Senate, tenure
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The ___powers of the President are
limited. His___ of federal judges
require the approval of a majority of
the___. Federal judges have life___
and decide cases independently of
Presidential wishes or___. His power
to grant ___for federal offenses does
not extend to cases of___.
Key:
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The judicial powers of the President are
limited. His appointments of federal judges
require the approval of a majority of the
Senate. Federal judges have life tenure and
decide cases independently of Presidential
wishes or judgment. His power to grant
pardons for federal offenses does not
extend to cases of impeachment.