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The Presidency & Supreme Court. Survey of Chapters 13, 14, &18. Chapter 13, Section I & II. The Job, Succession, & the Vice President. Roles. CONSTITUTIONAL Roles Chief of State Reigns & Rules Symbol of American People Chief Executive Power over domestic & foreign branch

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The Presidency & Supreme Court

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The presidency supreme court

The Presidency & Supreme Court

Survey of Chapters 13, 14, &18


Chapter 13 section i ii

Chapter 13, Section I & II

The Job, Succession, & the Vice President


Roles

Roles

  • CONSTITUTIONAL Roles

    • Chief of State

      • Reigns & Rules

      • Symbol of American People

    • Chief Executive

      • Power over domestic & foreign branch

      • System of Checks & Balance

    • Chief Administration

      • Head of Executive branch


Continued

…Continued

  • Chief Diplomat

    • Architect of foreign policy

    • Watched internationally

  • Commander in Chief

    • Dominant in military field

    • Armed forces and arsenal at his disposal

  • Chief Legislator

    • Initiates legislative actions

    • Public policy maker

    • Works/clashes with Congress


Continued1

…Continued

  • OTHER Roles

    • Chief of Party

      • Leader of political party in executive branch

    • Chief Citizen

      • Representation of all the people

      • Works for public’s interest


Formal qualifications

Formal Qualifications

  • “Natural born citizen…of the United States”

  • 35 years of age

    • Youngest- Kennedy

    • Oldest- Reagan

  • 14 years a resident


Terms

Terms

  • 4 year term

  • Washington set 2 term precedent

  • FDR- Won 4 terms, Served 3 full

  • Until 1951no limit on number of terms

    • 22nd Amendment

    • Called undemocratic

  • No more than 10 years served


Pay benefits

Pay & Benefits

  • Congress determines

  • 400,000 annual pay/50,000 in expensive

  • White House residence

  • Staff & transportation

  • Camp David access

  • Health care, travel, & entertainment benefits


Presidential succession

Presidential Succession

  • Presidential Succession

  • Presidential Succession Act of 1947

    • Est. line

    • VP, Speaker, Pres. of Senate, Pro Tem, then heads of 14 Executive Dept.

  • 25th Amendment outlines line of succession

  • Disability

    • Pres. informs Congress in writing

    • VP & Majority of Cabinet agree

    • Pres. may resume power


Vice president

Vice President

  • “I am Vice President. In this I am nothing, but I may be everything.”

    • John Adams

  • Presides of Senate

  • Help decide on Presidential disability

  • “a heartbeat away”

  • 8 president died in office

  • Vacancy

    • Empty 18 times

    • 9 succession to president, 2 resignations, & 7 died

  • Low status played on party politics

    • VP often picked to “balance the ticket”


Vice president today

Vice President Today

  • Chaney see as the reinventor of the office

    • Highly influential

  • VP not subject to presidential firing


Chapter 13 section iii iv

Chapter 13, Section III & IV

Presidential Selection & Nominations


Original provisions

Original Provisions

  • Early favoritism of Congressional choice

  • Popular vote very unpopular

  • Final Choice

    • Presidential Electors, Electoral College

      • Cast electoral votes

      • 2 votes, 2 different candidates

      • Most votes wins president, 2nd VP

      • Elector of the enlightened and educated


Rise of parties

Rise of Parties

  • Framer’s election college worked until Washington did not run for a 2nd term

  • 1796 election of showed problems

    • President Adams (Federalist)

    • VP Jefferson (Dem.-Rep.)


Continued2

…Continued

  • Election of 1800

    • Electors promised to vote accordingly

    • Presidential tie

    • Jefferson popular favorite

    • 36 House votes to pick Jefferson

    • 12th Amendment

      • 1804

      • Separate vote President & VP Election


Primaries

Primaries

  • Choose some/all State’s party delegation

  • Express preference of various candidates

  • New Hampshire; leads the Nation

  • Many held in early Feb.

  • Used to build candidate popularity

  • Democrats ever changing primary requirements


National convention

National Convention

  • Delegates pick President of VP candidate

  • Goals

    • Name candidate

    • Bringing together party factions

    • Adopting party platform

  • Keynote address, speeches, celebrity appearance, & balloons


Nominations

Nominations

  • If president runs for second term the pick is easy

  • Things that are taken into account

    • Public office record

    • Past controversies

    • Election history (Governor, Senator)

    • Religion (Protestant)

    • State size

    • Appearance & Family life

    • Speaking/Tech. ability

    • Gender, Race/Ethnicity


Chapter 13 section v

Chapter 13, Section V

The Election


The electoral college today

The Electoral College Today

  • Voters don’t directly vote for the President

    • Vote for electors

  • Once meant to make own decision

  • Now they are just “rubber stamps”

    • Vote for party’s candidates

  • Electors picked “at-large”

    • Winner-take-all

    • Electors’ names rarely appear on the ballots


The process

The Process

  • Electors meet in their State’s capital

    • Hold voting in December

    • Vote for the President and Vice President separate

    • Ballots sent to Washington

  • Winner of election known in November

  • January 6, President of the Senate counts votes before a joint Congress

  • Candidate must receive 270 of 538 votes

    • Ties sent to the House

    • Occurred in 1800 and 1824


Flaws

Flaws

  • First Flaw

    • Popular vote winner may not win the Presidency

    • Winner-take-all electoral voting

    • Misrepresentation of voters

  • Second Flaw

    • No law requiring electors to vote with popular majority

    • “Broken pledge”


Proposed changes

Proposed Changes

  • District Plan

    • Similar to Congressional members

  • Proportionate plan

    • Electoral vote based off population percentages

  • Direct Popular Vote

    • Support in 2006, Direct Popular Vote Plan

    • Constitution would remain intact

    • Changes would be made at the State level


Defending the electoral college

Defending the Electoral College

  • Works Well

    • Few issues in the history of the EC

  • Popular winner usually wins EC votes

  • Known process

    • Reform ideas unknown and untested

  • Presidential winner usually known quickly


Survey of chapter 14

Survey of Chapter 14

The President in Action


Background

Background

  • Article II- Executive Article

    • Command armed forces, make treaties, veto powers, etc.

    • Loosely worded Article

    • Definition & question of “executive power”

    • Growth of power due to the use of mass media

      • Radio, television, internet


Executing the law

Executing the Law

  • Outlined in the “Oath of Office”

    “I do solemnly swear 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”

  • Executive Order

    • Directive, rule, or regulation that is in effect law


Appointment powers

Appointment Powers

  • Presidential appointments must meet Senate approval

  • Appointees

    • Ambassadors and Diplomats

    • Cabinet members & top aides

    • Heads of certain agencies

    • Federal judges, marshals, and attorneys

    • Officers of the armed forces

  • Power to remove appointments

    • Has been previously challenged in the Courts


Diplomatic military roles

Diplomatic & Military Roles

  • Makes treaties with foreign countries

    • Treaty: formal agreement between two or more nations

    • Treaties must be approved by the Senate

  • Executive Agreement

    • Pact between the Heads of State of 2 countries

    • No Senate approval required

  • Recognition of foreign countries or leaders


Continued3

…Continued

  • Commander in Chief

    • Making undeclared war

      • Barbary pirate conflicts

      • Korean & Vietnam wars

    • Congressional Resolution

      • Congress allows forces to be used in certain crisis


Continued4

…Continued

  • War Powers Resolution

    • Within 48 hours of forces commitment the Pres. must appear before Congress

    • Commitment of forces lasts for 60 days unless extended

    • Congress may end military commitment

  • Other Commander Examples

    • Overthrowing dictators

    • Ending military coups

    • Prevent mass killings/genocide


Legislative powers

Legislative Powers

  • Recommending Legislation

    • Spreads from platform

    • Ripples from State of the Union Address

  • Bill Powers

    • Sign the Bill

    • Veto the Bill

    • No action for 10 days allows the bill to become law

    • Pocket veto


Continued5

…Continued

  • Line-Item Veto

    • Target wasted spending in a bill

    • Keeps the President involved in monetary aspects while keeping the bill’s idea

  • Call Special Sessions of Congress


Judicial powers

Judicial Powers

  • Below examples may be used except in cases of impeachment

  • Reprieve

    • Postponement of the execution of a sentence

    • Must be accepted

  • Pardon

    • Legal forgiveness of a crime

  • Other Examples

    • Commutation

      • Reduction of the length of a sentence or a fine

    • Amnesty

      • Blanket pardon of a large group


Chapter 18 section iii

Chapter 18, Section III

The Supreme Court


Concepts

Concepts

  • The Supreme Court is the only court created by the Constitution

    • Article III, Section I

  • Court of last resort on questions of federal law

  • The Justices

    • 9 Supreme Court Justices

    • 1 Chief Justice, 8 Associate Justices

    • Appointed for life

      • Resignation, retirement, death, or impeachment

    • No true formal qualifications


Judicial review

Judicial Review

  • Federal & State courts may exercise this right

  • Decide constitutionality of a government action

  • Ultimate power lies with the SC

    • Final authority

  • Judicial Review not outlined in the Constitution

    • Intentional concept


Jurisdiction

Jurisdiction

  • Exclusive Jurisdiction

    • Power of the federal courts alone to hear certain cases

  • Concurrent Jurisdiction

    • Power shared by federal and State courts to hear certain cases

  • Original Jurisdiction

    • The power of a court to hear a case first, before any other court

  • Appellate Jurisdiction

    • The authority of a court to review decisions of inferior courts


Continued6

…Continued

  • Operations

    • Oral Arguments

      • Select times and dates for presentations

      • Lawyers make oral arguments before the justices

        • 30 minute limits

    • Briefs

      • Written documentation

      • Support a single side of an oral argument

        • Relevant facts

        • Cite previous cases


Continued7

…Continued

  • Briefs Continued

    • Brief of Support may appear from groups with an interest in a case

      • Court grants permission

      • “Lobbying”

      • Most court cases are controversial

  • Solicitor General

    • Chief lawyer of the United States

    • Represents the U.S. in court cases

    • Asks the SC for a position of the U.S. government


Continued8

…Continued

  • Conference

    • Closed meetings for discussion

    • Chief Justice presides

      • Speaks first and states his opinion

    • Debate and final vote on the case

      • 1/3 of decisions are unanimous

      • Most are divided decisions

  • Opinions

    • Majority Opinion

      • Announces court’s decision

      • Used in future court cases as precedent

      • Concurring opinion follows/attached

    • Dissenting Opinion

      • Written by justice who does not agree with the decision


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