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process by which presidents, when selecting district court judges, defer to the senator in whose state the vacancy occurs
Removal of a President: Impeachment
- •Removal is the ultimate check on the president.
- •The House conducts the investigation and drafts Articles of Impeachment for “treason, bribery, or high crimes and misdemeanors.”
- •The Senate tries the case with the Chief Justice of the Supreme Court presiding.
- •If two-thirds of the Senate votes for the Articles, the president is removed from office.
Assertion of presidential power
The belief that the president can withhold information requested in matters related to his office
U.S. v. Nixon
Supreme Court ruled that there is no constitutional absolute executive privilege that would allow a president to refuse to comply with a court order to produce information needed in a criminal trial
Congress passed the Presidential Succession Act of 1947 that stated the order of succession after the Vice President
- –Speaker of the House
- –President Pro Tempore of the Senate
- –Secretary of State, Treasury, Defense, and other Cabinet heads in order of the creation of their department
The Twenty-Second Amendment
- -limits presidents to two four-year terms or a total of ten years in office
- -Vice president who succeeds is eligible for maximum of 10 years
Twenty-Fifth Amendment adopted in 1967 to set procedures for...
- –filling vacancies in the office of president and vice president, approved by Congress
- –procedures to deal with the disability of a president
The Vice President
- •Primary job: to assume office if the president dies or is incapacitated
- •Only formal duty is to preside over the Senate or to break tie votes in the Senate
- •Historically, the office has had little power and often VPs have low profiles
A vice president is chosen for a number of reasons
- –geographical balance
- –to bring party back together at convention
- –achieve social and cultural balance on the ticket
- –VPs can also be used to overcome candidate shortcomings
The Constitutional Powers of the President
- •Article II; most important grant of power to president but short
- •The president received certain enumerated powers in the Constitution
- •“the executive power shall be vested in a President of the United States of America”
- •The executive power clause
The executive power clause
basis for allowing president to exceed list of enumerated powers in Article II
- •rests primarily on presidents constitutional authority as commander in chief
- •cover issues such as trade, war reparations, nuclear energy
- •published in Treaties and Other International Agreements
- •not binding on subsequent administrations
- –A rule or regulation issued by president that has effect of law
- –All must be published in Federal Register
- –Used by presidents to make and shape policy without legislative approval
Executive Orders (EO) have Two Main Functions
- –Modify how an executive branch dept./agency does its job (rule change)
- –Modify existing law. Can help clarify or implement legislation enacted by Congress
Source of Authority for Executive Orders
- –(Article II, Section 1) grants President “executive powers.”
- –(Article II, Section 3) directs President to “take care that laws are faithfully executed”
Executive Orders regarding Checks/Balances
- –Subject to judicial review; can be declared unconstitutional
- –Congress can override an EO by passing new legislation
Today, president has numerous advisors to help make policy and fulfill the duties of chief executive
- –The Cabinet
- –The Executive Office of President (EOP)
- –White House Staff
- –The First Lady
- •consists of heads of major bureaucratic departments (State, Defense, Treasury, etc.)
- •major function is to help president execute laws and assist him in making decisions
Most presidents now rely on an inner circle of advisors rather than the Cabinet because of...
of congressional oversight of departments and interest group pressures
What are the Presidential Powers?
- •Power to meet with Congress
- •Power to Make Treaties
- •use executive agreements more than treaties but cannot violate Constitutional provisions
- •Veto Power
The power and success of the presidency is dependent upon...
- –Personality of person holding office
- –Leadership abilities
- –Powers of persuasion
- –Ability to mobilize public opinion to support his actions
- –Public perception of his performance
- –timing of events…events often shape a presidency
Who was the first President to issue an executive order?
In recent years, approximately how many executive orders are issued annually?
What is one of the most recent Executive Orders Signed by President Obama?
How did presidential power develop and expand?
Washington: Established power of national government, claimed inherent power of presidency, helped establish Cabinet system
Lincoln: Suspended writ of habeas corpus, expanded size of army above Congress’s mandates
Roosevelt: claimed leadership and agenda-setting power for president, shifted president’s powers into a law
Who was voted Best President in the 2009 C-SPAN Survey?
Lincoln, embody nation’s core values: persistence in pursuit of honorable goals, respect for human rights, etc
Who was voted Worst President in the 2009 C-SPAN Survey?
Buchanan: He refused to challenge either spread of slavery or growing block of states that became the Confederacy
2009 C-SPAN Survey (Best and Worst Presidents)
Grading criteria were abilities of public persuasion, leadership in times of crisis, eye on equality, moral authority
those who collect near bottom are perceived as having failed to uphold those values
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