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THE PRESIDENCY. AKA THE EXECUTIVE BRANCH. FORMAL QUALIFICATIONS. Natural born citizen of the United States. 35 years of age. Lived in the country at least 14 years (doesn ’ t have to be immediately prior to election--Eisenhower example). TERM. Elected to a 4-year term.
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THE PRESIDENCY AKA THE EXECUTIVE BRANCH
FORMAL QUALIFICATIONS • Natural born citizen of the United States. • 35 years of age. • Lived in the country at least 14 years (doesn’t have to be immediately prior to election--Eisenhower example)
TERM • Elected to a 4-year term. • 22nd amendment limits President to two full terms in office. However, a President who has succeeded to the office beyond the midpoint to which another person was originally elected could serve more than eight years (10 year maximum).
COMPENSATION • The President’s salary is $400,000 per year (taxable) as of 1/20/01 plus expenses and is fixed by Congress. It cannot be increased or decreased during that President’s term. • The President receives many fringe benefits, including use of the White House, Camp David, and Air Force One.
SUCCESSION • If a President dies, resigns, or is removed from office, the Vice-President succeeds to the office and becomes President.
Then, the other 13 cabinet members in order of precedence. (Treasury, Defense, Attorney General…) • The 25th Amendment provides for the succession of the President by the Vice-President. • The Presidential Succession Act of 1947 established the line of succession following the Veep.
PRESIDENTIAL DISABILITY • If the President is disabled, the Vice President may temporarily assume the duties of the office. The Vice President and a majority of the members of the cabinet must inform Congress, in writing, that the President is incapacitated. • The President may resume duties by informing Congress that no inability exists. Though this can be challenged, and if there is one, then Congress has 21 days to decide the answer.
Of course, the Vice President has to know what is going on. When Woodrow Wilson suffers a stroke in 1919, he and his new wife, Edith, conspire to keep it a secret from Vice President Thomas Marshall. This will underscore the need for the 25th Amendment.
THE VICE PRESIDENCY • The constitutional duties of the Vice President are twofold--to preside over the Senate, and to help decide presidential disability. • Historically, the office has been largely ceremonial and unimportant. • Though, the Vice President must be ready to assume the presidency at a moment’s notice. • If the office of Vice President is vacated, then the President nominates, and the both houses confirm by majority vote, the choice.
The two major parties try to “balance the ticket”. • Regardless of the circumstances, the Vice President cannot be removed from office by the President.
PRESIDENTIAL SELECTION • The framers created the electoral college as an alternative to either popular election or congressional election of the President. • The electoral vote was State by State, with each elector casting votes for two candidates. • Originally, the candidate with the most votes became President and the runner-up became Vice President. • In case of a tie, the House of Representatives was charged with electing a President.
RISE OF PARTIES • Parties arose during the administrations of Washington and Adams, and each put up its own in the election of 1800. • This development led to a tie between Jefferson and Burr and, with Hamilton’s support, the House finally chose Jefferson. Fatal consequences. • The 12th Amendment required electors to specify which person they wanted for Prez and Veep so that the tie would not be repeated.
In recent years the Vice President has become more instrumental in policy decisions and is not just window dressing. • This allows a president (and the party) to better prepare a potential successor.
Electors are chosen by popular vote and make up the electoral college. They are chosen in each State and the District of Columbia by each party every four years, and they make the formal selection of the President. • The number of votes each state has is equal to its number of members in BOTH houses of Congress (CA has 55 votes= 2 senators + 53 representatives).
The party that wins the majority of the popular vote in each State gets all of that State’s electoral votes, and is known as “Winner take all”. • Electors meet at a time set by law to elect the President, and their votes are sent by registered mail to Washington D.C., where they are counted on January 6th.
Of course, we usually know the result already the day after the first Tuesday after the first Monday in November. Usually. • In case of a tie, Congress decides.
MAINE METHOD • Used by both Maine and Nebraska, this method employs a formula to determine its choice. The votes for each congressional district are summed and the party winning each district elects one Presidential elector. • Then, the party that wins statewide elects two presidential electors.
So then, what is the total number of electoral votes available in any given presidential election? • And, what is the majority number needed to win?
ELECTORAL COLLEGE FLAWS • The first major defect--because electoral votes are not distributed in exact proportion to the population, the winner of the popular vote may not win the electoral vote. • The second--electors are not bound by the Constitution or by any federal law to vote for the candidate favored by the people of their State. • The third--elections may be thrown into the House of Representatives, where voting is State by State (1 vote apiece).
