The Presidency. Qualifications for Presidential Office. President must be: Natural Born Citizen 35 years old 14 years a U.S. Resident Terms of Office (22 nd Amendment) 1951 4 year terms, max 2 terms If VP becomes President due to death of President, 10 years max
President must be:
Natural Born Citizen
35 years old
14 years a U.S. Resident
Terms of Office (22nd Amendment) 1951
4 year terms, max 2 terms
If VP becomes President due to death of President, 10 years max
If VP serves as President more than 2 years only gets one more term
If VP serves as acting President less than 2 years, gets 2 more terms
Congress has the authority to impeach and remove a president from office
House of Reps vote by simple majority (218) to authorize an investigation
House Judiciary Committee decides through hearings if the president should be tried for stated offenses and submits finding to full house
Full House votes by simple majority to indict the president on one or more charges (Impeach President)
President cannot resign after he has been impeach
Holds a trial on the charges
Chief Justice of the Supreme Court would preside over the trial
2/3 majority would convict, causing the president’s removal
Nixon (Resigned before House voted on Impeachment charges)
A. Johnson/Clinton were impeached in the House but both fell short of 2/3 vote in Senate for removal.
Article II of the Constitution
Refer to page 277
Commander in Chief of Armed Forces
To appoint, with the Senate’s consent/approval
Who can the President appoint?
Grant Pardons and Clemencies
Except in cases of impeachment
To make Treaties, advice & consent of Senate by 2/3 vote
Executive Agreements (international agreement does not require senate approval)
Receive ambassadors and other representatives from foreign countries
Recognize the existence of another country’s government
Ensure that laws passed by Congress “be faithfully executed”
Veto- refuse to sign-kills bill sent back to Congress with reasons for veto
Congress can override the veto with 2/3 vote of both Houses- bill becomes Law
Difficult for Congress to Override
If president does not sign or veto within 10 days except Sundays, and Congress in session Bill becomes law
If Congress not in session bill dies if president takes no action (does not respond)
Line-Item Veto-1998 Supreme Court declared Unconstitutional
Presidential Succession Act of 1947
Set up of who should take over should the President not be able to perform duties due to disability, death, resignation
Speaker of House
President Pro Tempore of the Senate
Presidential Cabinet secretaries in order of creation: Secretary of State, Treasury, Defense,..
25th Amendment, 1967 (Page 293)
VP shall become President if Present is removed, dies, or resigns
Allows the President to appoint a new VP if becomes vacant
Requires simple majority in both houses for approval
If president unable to perform duties, he must inform Congress in writing, VP serves as acting president until president can resume duties
When the president is unable to communicate, majority of the cabinet and VP can declare that to Congress, VP is acting president until president resumes duties.
2/3 vote of congress is required to decide whether the VP shall remain acting president or whether president shall resume duties.
Commander in Chief of Military of U.S.
Congressional Check on President
Congress has power to declare war
War Powers Resolution of 1973
Limits presidential authority to introduce troops into hostile foreign land without congressional approval
President must notify Congress within 48 hours of deployment of troops outside the U.S.
Hostilities must end in 60 days unless congress extends troops to 30 more days for president to withdrawal troops from hostile territories or ask congress to declare war.
The Stage of the President’s Term
Rally around the President (War or Crisis)
President focus internationally if not doing well domestically
Indirect system for choosing president
The Group of electors who are chosen in each state to officially elect the President and VP
Article II, Section 1
Electors for each state
Electoral votes for each state based on the number of senators (always 2) plus the number of its U.S. Representatives in the House
(at least 1) determined by census every 10 years
Electors cannot be (senators or House of Representatives) members of Congress
Total number of electoral votes set at 538
435 House of Representatives
3 District of Columbia (Washington DC)
23rd Amendment (1961)
D.C. receives the minimum electoral votes a state could have.
Twelfth Amendment (1804)
Electors must cast one vote for President and one vote for Vice-President, instead of two votes for President.
President and Vice-President must be from 2 different states.
Prevents electors from voting only for “favorite sons” of their own state.
Think of the Electoral College as 51 separate elections.
One election for each state and Washington D.C.
Voters in each state help their state’s electors choose which candidate gets the electoral votes from that state
In 48 states and Washington D.C., Which ever candidates gets the most popular votes wins the electoral votes from that state.
Example CA (55 Electoral Votes as of 2010)
If 50.1% CA voters in November 2008 vote democrat, then 55 CA democratic slate of electors each will have one vote to give to democratic candidate running for President in December 2008.
Maine and Nebraska
Split their electoral votes based on both statewide popular vote and each district’s popular vote.
Example Maine has 4 electoral votes
2 votes are determined based on statewide election
Candidate that wins the statewide election will get 2 votes
2 remaining votes are determined by congressional districts votes
Winner of each Congressional district in those states receiving one electoral vote.
Swing States (Purple States)
States that do not consistently vote democrat or republican every 4 years
As we saw in the 2000 presidential election, Florida, the largest swing state, determined the outcome of the election.