The Electoral CollegeThe Electoral College• Each state has number of Each state has number of

electors equal to its electors equal to its congressional representativescongressional representatives– 2323rdrd Amendment: DC voting rights Amendment: DC voting rights

• Winner take all systemWinner take all system– ““Plus two”: Maine and NebraskaPlus two”: Maine and Nebraska

• No majority: House of No majority: House of Representatives elects POTUS Representatives elects POTUS from top three candidates, from top three candidates, Senate selects VPSenate selects VP– 1212thth Amendment: Separate ballots Amendment: Separate ballots

Term and SalaryTerm and Salary • Salary determined by Salary determined by

congress - $400,000 a congress - $400,000 a year; $100,000 for travelyear; $100,000 for travel

• President is elected to President is elected to serve a 4 year termserve a 4 year term

• Washington precedent – Washington precedent – 2 terms 2 terms

• Franklin Roosevelt – Franklin Roosevelt – Elected to 4 terms (’32, Elected to 4 terms (’32, ’36, ’40, ’44)’36, ’40, ’44)

• 22nd Amendment (1951) 22nd Amendment (1951) – two term limit – two term limit

Formal QualificationsFormal Qualifications • Constitutional Requirements:Constitutional Requirements:

– Natural born citizenNatural born citizen– 35 years old35 years old– Resident of the U.S. for 14 yearsResident of the U.S. for 14 years

Duties Duties • Described in Article II of the Described in Article II of the

Constitution Constitution – Make sure laws are ExecutedMake sure laws are Executed– Commander in Chief of the Commander in Chief of the

MilitaryMilitary– Appoint heads of executive Appoint heads of executive

offices, federal judges, and offices, federal judges, and ambassadorsambassadors

– Meet with heads of foreign Meet with heads of foreign governments, make treaties, governments, make treaties, and executive agreements and executive agreements

– Political leadershipPolitical leadership

RolesRoles• Head of StateHead of State

– Symbolic/ceremonial leaderSymbolic/ceremonial leader• Chief ExecutiveChief Executive

– Enforce laws, make Enforce laws, make appointments, granting appointments, granting pardonspardons

• Commander and ChiefCommander and Chief– War powers, “protect and War powers, “protect and

defend”defend”• Chief DiplomatChief Diplomat

– Recognition, Treaties, and Recognition, Treaties, and executive agreementsexecutive agreements

• Chief LegislatorChief Legislator– Proposing agenda and laws, Proposing agenda and laws,

veto powerveto power

Presidential PowersPresidential Powers • The Founders recognized need for strong executive branchThe Founders recognized need for strong executive branch

– the weaknesses of the Confederation government the weaknesses of the Confederation government – hold the Congress in check.hold the Congress in check.

• Formal powersFormal powers– Constitutional PowersConstitutional Powers– Statutory PowerStatutory Power

• Informal powersInformal powers– Inherent powersInherent powers– Emergency powersEmergency powers– MandateMandate

• ““High Crimes and MisdemeanorsHigh Crimes and Misdemeanors””

Role of the Vice President Role of the Vice President • Constitutional duties: Constitutional duties:

– President of the Senate – President of the Senate – casts tie-breaking votecasts tie-breaking vote

– Assume presidency upon Assume presidency upon death or disability of the death or disability of the presidentpresident

• Informal duties:Informal duties:– Member of the National Member of the National

Security CouncilSecurity Council– Modern VPs have been Modern VPs have been

given role in policy making given role in policy making at Presidents discretionat Presidents discretion

Succession – Replacing the presidentSuccession – Replacing the president• Tyler first VP to become Tyler first VP to become

president following death of president following death of Harrison in 1841Harrison in 1841

• 7 other presidents died in office 7 other presidents died in office elevating VP to Presidentelevating VP to President

• 25th Amendment (1967): 25th Amendment (1967): formally added succession to the formally added succession to the ConstitutionConstitution– Order: VP, Speaker of House, Order: VP, Speaker of House,

Senate Pres. Senate Pres. Pro TempPro Temp, Sec. of , Sec. of StateState

– Includes procedures for when Includes procedures for when the president is disabledthe president is disabled

Executive Office of the President• White House OfficeWhite House Office

– Chief of StaffChief of Staff– ““Kitchen Cabinet”Kitchen Cabinet”

• Office of Budget and ManagementOffice of Budget and Management– clearinghouse for legislative clearinghouse for legislative

proposals from exec. agenciesproposals from exec. agencies• National Security CouncilNational Security Council

– National Security advisor, VP, Sec. of National Security advisor, VP, Sec. of State, Treasury, Defense, and the State, Treasury, Defense, and the Assistant to the President for Assistant to the President for National Security Affairs. The National Security Affairs. The Chairman of the Joint Chiefs of Staff, Chairman of the Joint Chiefs of Staff, Dir. of National IntelDir. of National Intel

• Council of Economic AdvisorsCouncil of Economic Advisors– assists with the development and assists with the development and

implementation of economic policyimplementation of economic policy

WHO Org ChartWHO Org Chart

Executive-Level DepartmentExecutive-Level Department

• The CabinetThe Cabinet– 15 executive departments15 executive departments– Headed by Political appointeesHeaded by Political appointees

• Regulatory agenciesRegulatory agencies– Quasi legislative and judicialQuasi legislative and judicial– ICC, FTC, FDA, SEC, OSHAICC, FTC, FDA, SEC, OSHA

• Government corporationsGovernment corporations– Created for various purposesCreated for various purposes– TVA, Post Office.TVA, Post Office.

• Independent agenciesIndependent agencies– Specific responsibilities, facilitate Specific responsibilities, facilitate

day to day operationsday to day operations– NASA, CIA.NASA, CIA.

The Appointment ProcessThe Appointment Process• ““Executive” AgenciesExecutive” Agencies

– No confirmation No confirmation requiredrequired

– Serve at the pleasure Serve at the pleasure of the presidentof the president

• ““Independent” Independent” Agencies and JudgesAgencies and Judges– Require Senate Require Senate

confirmationconfirmation– Recess appointmentsRecess appointments

Checks and BalancesChecks and BalancesPresidential checksPresidential checks

• Executive OrdersExecutive Orders– Enforce statutes, constitution and Enforce statutes, constitution and

foreign treaties, direct executive foreign treaties, direct executive agenciesagencies

• Executive PrivilegeExecutive Privilege– Withholding information and refusal to Withholding information and refusal to

appearappear

• ImpoundmentImpoundment– Congressional Budget and Congressional Budget and

Impoundment Control Act of 1974 Impoundment Control Act of 1974 – Train v. City of NY (1975)Train v. City of NY (1975)

• The Veto ProcessThe Veto Process– Line-item vetoLine-item veto– Signing statementsSigning statements

Congressional checksCongressional checks• ImpeachmentImpeachment

– Roles of the 3 branchesRoles of the 3 branches– Johnson and ClintonJohnson and Clinton

• Veto OverrideVeto Override– 2/3 vote2/3 vote

• AppropriationsAppropriations– Congress can refuse to fund Congress can refuse to fund

executive initiativesexecutive initiatives

• War Powers Act (1973)War Powers Act (1973)– Congressional notification within 48 Congressional notification within 48

hrs, 60 – 90 days for approvalhrs, 60 – 90 days for approval– Constitutional? Constitutional? INS v Chadha (1983)INS v Chadha (1983)