The Presidency

Balancing--effective, but not dangerous

• Four year term
• Powers shared with Congress
• No change in salary during term
• Removal by Congress

Qualifications

• 35 years old
• 14 years a U.S. resident
• Natural born citizen or citizen at time of adoption of Constitution

Term

• 4 years
• Tradition broken by Roosevelt
• 22nd Amendment (1951) specified
  • Can't be elected more than twice
  • Can only be elected once if served 2+ years of another's term

Succession

• VP takes over on death, resignation, removal, inability
• Replacement of VP--President nominates and Senate confirms
• If neither Pres or VP are available--congress establishes succession
  • Speaker of House
  • President pro tempore of Senate
  • Cabinet officers--Secretary of State is the first
• Who determines inability--25th Amendment (1967)
  • President can send a letter to congress declaring his disability
  • VP and Cabinet can send a letter to congress declaring the President's disability
  • If there is disagreement--congress decides

Constitutional Powers of the President

• Commander in Chief --civilian control of military
• Pardons
• Treaties--with advice and consent of congress
• Nominate ambassadors, judges, other officers
• Recommend measures to congress
• "Take care that all laws be faithfully executed"
• Veto (Article 1, Sec. 7)
  • Bills become law if not signed in 10 days
  • Veto can be overturned by 2/3 of both houses
  • Pocket veto--if not signed and congress adjourns in < 10 days
  • Line item veto--declared unconstitutional

Other Methods of Influence

• Executive Orders
• Personality--Kennedy, Reagan
• Arm twisting--Johnson

• Removal from office
  • For treason, bribery, high crimes and misdemeanors
  • House--power to impeach (means bring to trial) on majority vote
  • Senate--trial and removal from office on 2/3 vote

History

• Andrew Johnson
  • Conflicts with Radical Republicans over treatment of the South
  • Impeached and one vote short of 2/3 for removal in the Senate
  • Established precedent that presidents are not removed for political reasons
• Richard Nixon
  • Charged with Obstruction of Justice in Watergate investigation
  • Discouraged FBI investigation
  • Got rid of evidence
  • Hush money payments
  • THE question--what did the president know, and when did he know it
  • Taped conversations provided the additional evidence necessary
  • House Judiciary Committee voted to impeach
  • Resigned on Aug. 9, 1974
• Bill Clinton
  • Involved in relationship with Monica
  • Information provided to Paul Jones attorneys
  • Gave deposition in Jones case and testified before Grand Jury
  • Charged with perjury and obstruction of justice
  • House voted to impeach on two of four charges--narrow, party line votes
  • Senate
  • Chief Justice presides
  • Acquitted on both charges
  • Issue--what constitutes "high crimes and misdemeanors"?