CHAPTER
13 AND 14
THE
PRESIDENCY
GENERAL INFORMATION
-
QUALIFICATIONS
o
MINIMUM OF 35 YEARS OF AGE
o
14
YEARS A CITIZEN OF THE
o
NATURAL BORN CITIZEN
§ JUS SOLI
§ JUS SANGUINES
-
TERM OF OFFICE – 4 YEARS
ELECTED
BY THE ELECTORAL COLLEGE
THE VICE PRESIDENCY
-
QUALIFICATIONS ARE THE SAME AS THE PRESIDENT
-
DUTIES
o
PRESIDE OVER THE SENATE AND VOTE IN CASE OF A TIE
o
PROVIDE DOCUMENTATION TO CONGRESS IN THE EVENT OF A
PRESIDENTIAL DISABILITY (AMEND 25)
-
AT ONE TIME CONSIDERED AS A POLITICAL GRAVEYARD
o
“MAID IN WAITING”
o
Y – LOSE - LOSE SITUATION
-
TODAY CONSIDERED AS A POLITICAL LAUNCH PAD
-
RATIONALE FOR CHOICE
o
BALANCE THE TICKET – DEF – BRING VOTES TO THE TICKET
§
WAYS IN WHICH A TICKET CAN BE BALANCED
·
GEOGRAPHICALLY
·
IDEOLOGICALLY
·
AGE, EXPERIENCE
·
GENDER
·
RACE, ETHNICITY
AMENDMENTS
THAT AFFECT THE PRESIDENT
12 The Electoral College will cast separate ballots for the
President and Vice President
- a
response to the election of 1800
* 15 Gave
African Americans the Right to Vote
* 19 Gave
Women the Right to Vote
20 Moved the Inauguration Date of the President from March to
January - Referred to as the Lame Duck
Amendment
- a
response to F.D.R.’s 4 elected terms
* 23 Gave
Residents of
24 Outlawed
the Poll Tax (tax to vote)
25
Presidential Succession Formalized
-
Fills the office of President if it becomes vacant
-
Fills the office of Vice President if it becomes vacant
-
In the event of death resignation or disability (physical or mental)
-
V.P. Required to provide Congress with documentation relative to a
presidential disability
* 26 Gave
18 yr olds the Right to Vote
* Suffrage
Amendments
PRIMARIES
-
CHOOSE CANDIDATES TO RUN IN THE GENERAL ELECTION
-
THE DIRECT PRIMARY WAS
INSTITUTED DURING THE PROGRESSIVE ERA
§
THIS DEMOCRCATIZED THE
DELEGATE SELECTION PROCESS
-
TYPES OF PRIMARIES
o
CLOSED
§
YOU ARE REQUIRED TO VOTE FOR A CANDIDATE FROM YOUR
OWN PARTY
o
OPEN
§
YOU CAN VOTE FOR A CANDIDATE FROM ANY PARTY
-
ADVANTAGES
o
ALLOWS THE CANDIDATES TO TEST THE POLITICAL WATERS
o
PROVIDES NATIONAL EXPOSURE
o
ACTS AS A WINNOWING DEVICE
o
ALLOWS VOTERS TO IDENTIFY CANDIDATES WITH SPECIFIC
ISSUES
o
EDUCATES VOTERS
-
DISADVANTAGES
o
NEGATIVE CAMPAIGNING CAN CAUSE
§
VOTER APATHY
§
MORTALLY WOUND A CANDIDATE
·
CAN WIN THE
o
TOO MUCH MONEY IS SPENT
NATIONAL
PARTY CONVENTIONS
-
TAKES PLACE DURING A PRESIDENTIAL YEAR DURING THE
SUMMER
-
FUNCTIONS OF A NATIONAL PARTY CONVENTION
o
CHOOSE STANDARD BEARERS
o
ADOPT THE PARTY PLATFORM
§
A PLATFORM IS THE LEGISLATIVE AGENDA THAT A PRESIDENTIAL CANDIDATE
WILL ADVOCATE IF ELECTED
§
A PLANK IS A SPECIFIC ISSUE WITHIN A PLATFORM
ELECTORAL COLLEGE FACT SHEET
A
COMPROMISE BETWEEN THOSE AT THE CONVENTION WHO FELT THAT CONGRESS SHOULD CHOOSE
THE PRESIDENT AND THOSE WHO FELT THE PEOPLE SHOULD ELECT THE PRESIDENT
-
FAIL SAFE MECHANISM - BASIC DISTRUST
OF THE PEOPLE
o MANY
FELT THAT THE PEOPLE WERE INCAPABLE OF EXERCISING AN INTELLIGENT VOTE
-
NOT A PHYSICAL ENTITY - ELECTORAL
COLLEGE MEMBERS WILL MEET IN THEIR RESPECTIVE STATE CAPITALS AND CAST THEIR
VOTES FOR THE CANDIDATE WHO WON THE
POPULAR VOTE IN THE STATE ON THE MONDAY AFTER THE 2ND WEDNESDAY IN DECEMBER
-
-
WINNER
TAKE ALL CONCEPT - THE CANDIDATE WHO WINS THE POPULAR
VOTE OF A STATE WILL WIN ALL OF THE ELECTORAL VOTES
-
UNIT
RULE - THE ELECTORS OF A STATE DELEGATION WILL
VOTE AS A UNIT WHEN CASTING THEIR VOTES FOR PRESIDENT AND VICE PRESIDENT
o CAN
CAUSE A PROBLEM OF THE UNFAITHFUL
ELECTOR
§
AN ELECTORAL WHO CASTS A VOTE FOR A CANDIDATE
OTHER THAN THE ONE WHO HAS WON THE POPULAR VOTE IN THE STATE
-
THE 12TH AMENDMENT CHANGED THE
PROCEDURE FOR CASTING VOTES FOR THE PRESIDENT - ELECTORAL VOTERS WILL CAST
SEPARATE BALLOTS FOR PRESIDENT AND VICE PRESIDENT
o THE
CONSTITUTION (NEVER ANTICIPATING THE DEVELOPMENT OF POLITICAL PARTIES) STATED
THAT THE CANDIDATE WHO RECEIVED A MAJORITY
OF THE ELECTORAL VOTES WILL BE PRESIDENT AND THE NEXT HIGHEST ELECTORAL
VOTE-GETTER WILL BE VICE PRESIDENT
o THE
ELECTIONS OF 1796 AND 1800 AFFECTED THE PASSAGE OF THIS AMENDMENT
-
A MAJORITY TODAY CONSISTS OF 270
ELECTORAL VOTES
-
COMPOSITION OF THE ELECTORAL COLLEGE
o 435
- WHICH REPRESENTS THE NUMBER OF REPRESENTATIVES
o 100
- WHICH REPRESENTS THE NUMBER OF SENATORS
o 3
- WHICH REPRESENTS THE VOTES AFFORDED
o THIS
NUMBER COULD ONLY CHANGE WITH THE ADMISSION OF AN ADDITIONAL STATE OR STATES
-
THE ELECTORAL COLLEGE HAS ONLY FAILED
TO CAST A MAJORITY VOTE 2 TIMES
o THE
ELECTIONS OF 1800 AND 1824
-
MINORITY
PRESIDENT - A PRESIDENT WHO SECURES A MAJORITY OF
ELECTORAL VOTES BUT FAILS TO ACHIEVE A MAJORITY OF POPULAR VOTES
-
MAJOR
ADVANTAGE - THE ELECTORAL COLLEGE HAS MAINTAINED THE
TWO PARTY SYSTEM
o COALITION
GOVERNMENT WILL NOT RESULT BECAUSE THERE IS ALWAYS A CLEAR CUT MAJORITY
o THIS
PROMOTES POLITICAL STABILITY
- MAJOR DISADVANTAGE - TECHNICALLY THE PEOPLE DO NOT ELECT THE PRESIDENT
-
IF NO CANDIDATE SECURES A MAJORITY OF ELECTORAL VOTES, THE NAMES OF THE
TOP 3 VOTE-GETTERS WILL BE PLACED ON A BALLOT IN THE HOUSE OF REPRESENTATIVES
AND VOTING WILL TAKE PLACE UNTIL A CANDIDATE SECURES A MAJORITY VOTE (26) EACH
STATE REGARDLESS OF SIZE WILL RECEIVE 1 VOTE.
PROPOSED
CHANGES
IN THE
METHOD OF ELECTING THE PRESIDENT
-
DIRECT
NATIONAL ELECTION - ELIMINATES THE ELECTORAL COLLEGE BY
CERTIFYING THAT THE WINNER OF THE GENERAL ELECTION WILL BE THE NEXT PRESIDENT
-
PROPORTIONAL
PLAN - WOULD ALLOCATE ELECTORAL VOTES ACCORDING TO
THE PERCENTAGE OF POPULAR VOTES
WON BY A CANDIDATE IN A
-
DISTRICT
PLAN - WOULD ALLOCATE ELECTORAL VOTES BASED UPON
THE NUMBER OF CONGRESSIONAL DISTRICTS WON BY A CANDIDATE IN A
-
BONUS PLAN - WOULD
ALLOCATE 102 ELECTORAL VOTES TO THE CANDIDATE
WHO SECURES THE POPULAR VOTE THUS ELIMINATING THE POSSIBILITY OF A MINORITY
PRESIDENT
o 538 +
102 = 640 (MAJORITY - 321)
N.B. ALTHOUGH
THE PROPOSALS ALL SEEM TO BE MORE DEMOCRATIC AND EQUITABLE THEY WOULD IN FACT
BE MORE UNDEMOCRATIC IN THAT IT WOULD ALLOW FOR THE DEVELOPMENT OF 3RD PARTIES
WHICH IN TURN WOULD MAKE IT VERY DIFFICULT FOR A CANDIDATE TO GET A MAJORITY
AND CAUSING THE ELECTION TO BE THROWN
INTO THE HOUSE OF REPRESENTATIVES
-
ROLE AS CHIEF EXECUTIVE
o
HE IS CHARGED WITH EXECUTING OR CARRYING OUT THE LAWS
o
EXECUTIVE OFFICE OF THE PRESIDENT
§ WHITE HOUSE STAFF
§ C.I.A.
§ CABINET President Bush's
Cabinet
§ OFFICE OF MANAGEMENT AND
BUDGET
o
THE PRESIDENT IS THE CHIEF ADMINISTRATOR OF THE
§ ORDINANCE POWER – IMPLIED POWER
· HE CAN ISSUE EXECUTIVE
ORDERS WHICH HAVE THE EFFECT OF LAW
§ APPOINTMENT POWER
· AMBASSADORS, CABINET
§ REMOVAL POWER
-
ROLE AS COMMANDER IN CHIEF
o
CIVILIAN SUPREMACY
§ TRUMAN / MAC ARTHUR
o
RESPONSIBLE FOR
§ DEFENSE OF NATION IN TIME OF
PEACE
§ WAGING THE WAR EFFORT IN
TIME OF WAR
o
HE HAS APPOINTMENT AND REMOVAL POWER WITHIN THE DEFENSE DEPARTMENT
o
o
EMERGENCY WAR POWERS – A FORMAL DECLARATION BY CONGRESS IS A
PRE-REQUISITE
§ DECLARE MARTIAL LAW
§ SUSPEND HABEAS CORPUS
§ RATION AND FIX PRICES
§ RELOCATE PEOPLE
§ SUSPEND TAFT-HARTLEY ACT
o
DURING WAR, THE PRESIDENT IS AKIN TO A CONSTITUTIONAL DICTATOR
o
IT IS GENERALLY ACCEPTED THAT THE PRESIDENT HAS THE AUTHORITY TO COMMIT
TROOPS (WITHOUT CONGRESSIONAL APPROVAL) FROM A DEFENSIVE POSTURE TO DEFEND
VITAL INTERESTS
§ THE GULF WAR IS A GOOD
EXAMPLE
§ THE WAR POWERS ACT WAS
IGNORED
-
ROLE AS CHIEF OF STATE
o
HE CAN NEGOTIATE TREATIES AND EXECUTIVE AGREEMENTS
o
HE CAN BECOME INVOLVED IN SUMMITRY
-
ROLE AS LEGISLATOR
o
DIRECT INVOLVEMENT
§ CAN SIGN, VETO, OR POCKET
VETO LEGISLATION
o
INDIRECT INVOLVEMENT
§
STATE OF THE UNION MESSAGE
· OUTLINES HIS AGENDA ON BOTH
DOMESTIC AND FOREIGN AFFAIRS ISSUES
§ BUDGET SPEECH
· HE SUBMITS HIS PROPOSALS FOR
A BUDGET
·
-
ROLE AS LEADER OF HIS PARTY (POLITICIAN)
o
HE ACTIVELY CAMPAIGNS FOR MEMBERS OF HIS PARTY
§ COATTAILS
-
ROLE AS LEADER OF THE NATION
o
HE IS THE # 1 CITIZEN
o
HE USES MORAL SUASION TO INFLUENCE THE ELECTORATE
-
JUDICIAL ROLE OF THE PRESIDENT
o
HE HAS APPOINTMENT POWER IN THE FEDERAL JUDICIARY
o
HE IS RESPONSIBLE FOR ENFORCING FEDERAL LAW
o
HE HAS THE POWERS OF
§ PARDON
§ PAROLE
§ REPRIEVE
§ COMMUTATION
ROADS TO THE PRESIDENCY
-
VICE PRESIDENCY
o
AT ONE TIME THIS WAS CONSIDERED TO BE A POLITICAL GRAVEYARD
o
GEORGE BUSH, GERALD FORD, LYNDON JOHNSON
-
SENATE
o
THIS IS THE ROAD MOST TRAVELED
o
JOHN KENNEDY
-
GOVERNOR
o
RONALD REAGAN, BILL CLINTON, JIMMY CARTER,
GEORGE W. BUSH
o
MOST OF THE 20TH CENTURY PRESIDENTS HAVE TRAVELED THIS ROAD
-
MILITARY
o
DWIGHT EISENHOWER, ULYSSES S. GRANT
-
CABINET
o
HERBERT HOOVER
-
HOUSE OF REPRESENTATIVES
o
ABRAHAM LINCOLN
ANECDOTAL
INFORMATION
NEW
VERSION TO LOOK AT ELECTORAL VOTE BY REGION