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The Presidency. Magruder Chapter 13. The President’s Roles. Chief of State Rules and reigns Chief Executive Vested with immensely broad powers in both domestic and foreign affairs. Chief Administrator Head of one of the largest government machines in the world Chief Diplomat

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The presidency

The Presidency

Magruder Chapter 13


The president s roles
The President’s Roles

  • Chief of State

    • Rules and reigns

  • Chief Executive

    • Vested with immensely broad powers in both domestic and foreign affairs


  • Chief Administrator

    • Head of one of the largest government machines in the world

  • Chief Diplomat

    • Speaks for the nation around the world


  • Commander-in-Chief

    • Head of the American military

  • Chief Legislator

    • Main architect of public policies

  • Chief of Party

    • Leader of his respective party


  • Chief Citizen

    • Representative of the people

  • Each role is played simultaneously and is inseparable from the others


Formal qualifications
Formal Qualifications

  • The President must be:

    • Article II, Section 1, Clause 5

    • 35 years of age

    • Has lived in the United States for at least 14 years

    • Is a natural-born citizen, or a citizen at the time of the adoption of the US Constitution


The president s term of office
The President’s Term of Office

  • The President is elected for a four-year term

    • Article II, Section 1, Clause 1

  • Originally could serve as long as the Electoral College would elect him

  • Today, can only be elected to two full terms

    • Twenty-Second Amendment


Pay and benefits
Pay and Benefits

  • The pay of the President

  • $400,000 per year

  • Fixed by Congress

  • Washington paid $25,000 per year

  • $50,000 taxable expense account

  • Pension of $181,100 per year

  • Many other perks.



The constitution and succession
The Constitution and Succession

  • If the President dies, resigns, or is removed from office, the Vice President succeeds to the office


The constitution and succession1
The Constitution and Succession

  • The Constitution states: “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 upon the Vice President.”

  • Article II, Section 1, Clause 6


The constitution and succession2
The Constitution and Succession

  • John Tyler took the office in 1841 instead of becoming acting president

  • 25th Amendment

  • “In case of the removal of the President from office or his death or resignation, the Vice President shall become President”


The constitution and succession3
The Constitution and Succession

  • Presidential Succession Act of 1792

  • President, Vice President, President pro tempore, Speaker of the House

  • Special Election to fill the Vacancy


The constitution and succession4
The Constitution and Succession

  • Presidential Succession Act of 1886

  • President, Vice President, Secretary of State, Secretary of the Treasury, etc.


The constitution and succession5
The Constitution and Succession

  • Presidential Succession Act of 1947

  • President, Vice President, Speaker of the House, President pro tempore, Secretary of State, etc.



Disability
Disability

  • The Constitution made no provision for the disability of the President

  • Dwight David Eisenhower had three serious illnesses

  • James Garfield

  • Woodrow Wilson


Disability1
Disability

  • 25th Amendment meets this problem

  • Vice President will become acting President

    • If the President informs Congress in writing that he cannot discharge the powers

    • The Vice President and a majority of Cabinet inform Congress that the President is incapacitated



The importance of the office
The Importance of the Office

  • The Constitution pays little attention to the office itself

  • Vice President has only two formal duties

    • Preside over the US Senate

      • Article I, Section 3, Clause 4

    • Help decide presidential disability

      • 25th Amendment, Section 3 & 4


The importance of the office1
The Importance of the Office

  • The Vice President is only a heartbeat away from the Presidency

  • Eight presidents have died in office

  • One president resigned

  • Vice Presidency has been vacant 18 times

    • 9 times by succession to President

    • 2 by resignation, 7 by death


The importance of the office2
The Importance of the Office

  • 25th Amendment changes this

  • When a vacancy occurs, the President will nominate someone who will take the office upon a majority confirmation vote of both houses of Congress

    • 1973 – Gerald Ford

    • 1974 – Nelson Rockefeller


The importance of the office3
The Importance of the Office

  • President has made the Vice President more important of late

  • Sits in on Cabinet meetings

  • Head of NASA

  • National Security Council

  • Special Ambassador of President

  • Still not an assistant President


The importance of the office4
The Importance of the Office

  • Basic bottom line is that the President of the United States cannot fire the Vice President



The electoral college1
The Electoral College

  • Created in Article II of the US Constitution

  • Not well understood by most people

  • Combination of the Constitution, a few State and federal laws, and a number of practices born of the nation’s political parties


Original provisions
Original Provisions

  • Many debated this plan

  • James Wilson (PA) “this was the most difficult of all on which we had to decide”

  • Most favored selection by Congress

  • A few by the people

  • This would lead to tumult and disorder


Original provisions1
Original Provisions

  • George Mason: “The extent of the country renders it impossible that the people can have the requisite capacity to judge the respective contentions of the candidates.”

  • Plan that was approved was originally put forward by Alexander Hamilton

  • The President would be chosen by electors


The college
The College

  • Each State would have as many presidential electors as it has representatives and senators in Congress

  • These electors would be chosen in each State in a manner the State legislature directed


The college1
The College

  • The electors, meeting in each State, would each cast two votes – each for a different person for President

  • The electoral votes would be opened before a joint session of Congress and counted

  • The person receiving the largest number of votes (if a majority) would become President


The college2
The College

  • The person with the second largest number would become Vice President

  • If a tie occurred, the President would be elected by the House of Representatives, voting by States

  • If a tie occurred for the second spot, the Vice President would be chosen by the Senate


The college3
The College

  • The Framers intended the electors to be the “Most enlightened and respectable citizens from each State”

  • They were to be “free agents” who would be “deliberate freely” in selecting the person’s best qualified to fill the nation’s top two offices.


The rise of parties
The Rise of Parties

  • System works only as long as Washington was President

    • Only President elected unanimously

  • In 1796, political parties began to play a role.

    • John Adams is elected President

    • Thomas Jefferson is elected Vice President


The election of 1800
The Election of 1800

  • Each party nominates a presidential and vice presidential candidate

  • Each party also nominates candidates to serve as electors (would vote for party)

  • Each of the 73 electors elected voted for Thomas Jefferson and Aaron Burr

  • House took 36 ballots to decide on Jefferson


The election of 18001
The Election of 1800

  • Election marked the introduction of three elements in the nomination of the president

  • Party nominations for president

  • Party nominations for electors pledged to vote for the candidate

  • Automatic casting of electoral votes in line with those pledges


The 12 th amendment
The 12th Amendment

  • Added in 1804

  • Separates election of President and Vice President

  • The fiasco of 1800 will never happen again



Nominations
Nominations

  • First method devised to nominate candidates was the Congressional Caucus

  • Used from 1800 to 1824

  • Both parties turned to the nominating convention in 1832 and used it ever since


The nominating convention
The Nominating Convention

  • Largely a creation of the political parties

  • Constitution is silent on this and have few federal or state laws controlling it

  • The national committee makes the arrangements for the national convention

  • Will set the time and date of the convention


The nominating convention1
The Nominating Convention

  • Will select the city for the convention

  • Must have facilities

  • Gain support of a swing state

  • Many larger cities bid on a convention

  • Will make a bundle of money


Apportionment of delegates
Apportionment of Delegates

  • The national committee issues a call for the convention

  • Tells each state’s party organization how many delegates it is allowed to send.

  • 1996

    • Republicans – 1,990 delegates

    • Democrats – 4,320 delegates


  • Really are two campaigns for president

    • Primaries and election

  • State laws and/or party rules fix the procedures for picking delegates in each State

  • Can use primaries, conventions, and caucuses




The electoral college today
The Electoral College Today

  • One of the least understood parts of the American political process

  • Constitution provides for the election of the President by the Electoral College

  • Each State has the same number of electors that it has members of Congress

  • Founders expected the electors would use their own judgment


The electoral college today1
The Electoral College Today

  • Today, the electors are really just a rubber stamp of the popular vote.

  • They are expected to vote for their party’s candidates.

  • They go through the form

  • It is a far cry from the original intent


The electoral college today2
The Electoral College Today

  • Electors are chosen by popular vote in every State on the same day

  • Electors are chosen at large except for Maine and Nebraska (district)

  • Electors are chosen on a winner-take-all basis

  • Names of the electors are found on less than one-fourth of the ballots in the US


The electoral college today3
The Electoral College Today

  • The electors meet in their respective State capitals on the Monday following the second Wednesday in December

  • They cast their ballots for President and Vice President

  • The ballots are signed, sealed, and sent to the President of the Senate


The electoral college today4
The Electoral College Today

  • Formal election of the President does not take place until January 6th

  • Ballots are opened by the President of the Senate and counted before a joint session of Congress

  • The candidate who receives a majority of Electoral College votes will be the President


The electoral college today5
The Electoral College Today

  • The candidate who receives a majority of the Electoral College votes in the vice presidential race will be the vice president.

  • If no one receives a majority of votes (270 out of 538), the election is thrown into the House of Representatives

  • House chooses from the top three candidates


The electoral college today6
The Electoral College Today

  • Each State delegation has one vote

  • 26 votes necessary to win

    • 1800 – Thomas Jefferson/Aaron Burr

    • 1824 – John Quincy Adams, Andrew Jackson, William Crawford, Henry Clay



Flaws in the electoral college

Flaws in the Electoral College presidential race, the Senate chooses from among the top two


The first major defect
The First Major Defect presidential race, the Senate chooses from among the top two

  • The winner of the popular vote does not become President

  • Winner-take-all in the voting

  • 1992 – Clinton won 50% of the vote in New York and all 33 electoral votes

    • Bush won 2.2 million votes

    • Perot won 1.1 million votes


The first major defect1
The First Major Defect presidential race, the Senate chooses from among the top two

  • Way that electoral votes are distributed

  • California – 55 electoral votes

    • 1 for every 652,614.5 persons

  • Alaska – 3 electoral votes

    • 1 for every 218,478 persons


The first major defect2
The First Major Defect presidential race, the Senate chooses from among the top two

  • Popular vote winner has failed to win the presidency four times

    • 1824

    • 1876

    • 1888

    • 2000


The second major defect
The Second Major Defect presidential race, the Senate chooses from among the top two

  • Nothing in any federal statute or the Constitution requires an elector to vote for the person who wins the state popular vote

  • States can and do require this

  • Not sure of the constitutionality of states laws

  • Virginia and Tennessee do require this


The third major defect
The Third Major Defect presidential race, the Senate chooses from among the top two

  • Contest will be decided in the House of Representatives

  • Voting is by state, not by individuals

  • If the state is so divided that it cannot decide, it loses its vote

  • If strong third-party candidate, then might not have a winner by inauguration day


Proposed reforms

Proposed Reforms presidential race, the Senate chooses from among the top two


The district plan
The District Plan presidential race, the Senate chooses from among the top two

  • Choose electors as one would do members of Congress

  • Two for the senators, and one per congressional district

  • Much more accurate reflection of popular returns

  • Would not eliminate possibility of winner of popular vote losing presidency


The district plan1
The District Plan presidential race, the Senate chooses from among the top two

  • 1960 – Richard Nixon wins

  • Gives another reason for Gerrymandering


The proportional plan
The Proportional Plan presidential race, the Senate chooses from among the top two

  • Each candidate would receive the same share of the electoral vote as he won of the popular vote

  • 40% of popular vote, 40% of electoral vote

  • Cure winner-take-all problem

  • Remove faithless electors

  • Yield a more accurate count with states


The proportional plan1
The Proportional Plan presidential race, the Senate chooses from among the top two

  • Would not necessarily produce the same idea nationally

  • 1896 – William Jennings Bryan wins

  • 1880 – Winfield Scott Hancock wins

  • 1876 – Samuel J. Tilden wins

  • 1888 – Grover Cleveland wins


The national bonus plan
The National Bonus Plan presidential race, the Senate chooses from among the top two

  • Keep the electoral college as it now is

  • A pool of 102 electoral votes would be added to the total of the popular vote winner

  • Need 321 electoral votes to win

  • If no received 321, a national run-off election between the top two candidates


Direct popular election
Direct Popular Election presidential race, the Senate chooses from among the top two

  • Remove the electoral college altogether




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