The Presidency & Supreme Court

The Presidency & Supreme Court Unit IV

Chapter 13 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 • System of Checks & Balance • Chief Administration • Head of Executive branch

…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

…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 • “Natural born citizen…of the United States” • 35 years of age • Youngest- T. Roosevelt (42) • Youngest Elected- Kennedy (43) • Oldest- Reagan (69) • 14 years a resident

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 • Congress determines • 400,000 annual pay/50,000 in expenses • White House residence • Staff & transportation • Camp David access • Health care, travel, & entertainment benefits

Presidential Succession • Presidential Succession • Presidential Succession Act of 1947 • Est. line • VP, Speaker, 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 • “I am Vice President. In this I am nothing, but I may be everything.” • John Adams • Presides over Senate • Help decide on Presidential disability • “a heartbeat away” • 8 presidents have 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 • Cheney see as the reinventor of the office • Highly influential • VP not subject to presidential firing

Chapter 13, Section III & IV Presidential Selection & Nominations

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 • Framer’s election college worked until Washington did not run for a 3rd term • 1796 election showed problems • President Adams (Federalist) • VP Jefferson (Dem.-Rep.)

…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 • 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 • Delegates pick President of VP candidate • Goals • Name candidate • Bringing together party factions • Adopting party platform • Keynote address, speeches, celebrity appearance, & balloons

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 The Election

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 • 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 • 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 • 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 • Electorate, those eligible to vote, would have more control

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 The President in Action Unit IV, Section 2

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 • 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 • 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 • 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

…Continued • Commander in Chief • Making undeclared war • Barbary pirate conflicts • Korean & Vietnam wars • Congressional Resolution • Congress allows forces to be used in certain crisis

…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 • 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

…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 • 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 The Supreme Court Unit IV, Section 3

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 • 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 • 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

…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

…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

…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

Additional Terms • Docket • A court’s list of cases to be heard • Appeal • apply to a higher court for a reversal of the decision of a lower court • Writ of Certiorari • An order by a higher court direction a lower court to send up the record in a given case for review • Latin for, “to be more certain” • Precedents • Court decision that stands as an example to be followed in future, similar cases

The Presidency & Supreme Court