3.  Article II, Section 1
 1. must be a natural born citizen
 2. at least 35 yrs old
 3. been a resident of the U.S. for at least 14
years
 Most common job before becoming
president has been the legal profession

4.  Avg age is 55 yrs old at the time of
inauguration
 Youngest – JFK 43 yrs old at time of
inauguration
 Oldest – Reagan 69 yrs old
 Youngest to serve as president was
Theodore Roosevelt (42 yrs old)
 JFK was first Catholic to win presidency

6.  Table 12-1 pg 259
 Chief Executive
 The head of the executive branch
 Handle national emergencies (riots or natural disasters)
 Appoint/remove federal officials w/ approval from Senate
 Commander in Chief
 Commander in chief of the U.S. military
 War powers divided b/w the president and Congress
 Congress declares war
 President can send troops wherever he wants

7.  Head of State
 Serves as the ceremonial head of a country’s govt
and represents that country to the rest of the
world
▪ Throwing out first pitch at a baseball game, lighting the
Christmas tree, giving out awards, dedicating parks, etc.
 Some feel this leaves no time for “real
work”

8.  Diplomat
 Person who represents one country in dealing w/
representatives of another country
 President handles this duty as Chief Diplomat
 Constitution does not explicitly give him
this power
 Has power to recognize foreign govts, appoint
ambassadors
 Lead foreign policy

9.  President has become a leader in creating
legislation
 19th C. – presidents let Congress lead the way
 Has to address Congress from “time to
time”
 State of the Union Address
 Congress and the president have shared
legislative powers

10.  De facto leader of his political party
 not mentioned in Constitution
 Implement the party’s platform
 President chooses the chairperson for the
party’s national committee
 Appoint and remove people from positions
 Practice patronage
 Giving govt jobs to individuals belonging to the
winning party
 People who helped the president win
 “Fund-raiser in chief”

12.  Article II of the Constitution lists the
powers
 Granted enough powers to balanceCongress
 Broad but vaguely listed powers
 1. Serve as commander in chief of the armed
forces and the state militias
 2. appoint, w/ Senate’s consent, the heads of
exec depts, ambassadors, justices of the
Supreme Court, and other top officials

13.  3. To grant reprieves and pardons, except in
cases of impeachment
 4. Deliver the annual State of the Union
address to Congress and to send other
messages to Congress from time to time
 5. To call either house or both houses of
Congress into special sessions
 6. To make treaties w/ advice and consent of
Senate

14.  7. To receive ambassadors and other
representatives from foreign countries
 8. To commission all officers of the United
States
 9. To ensure that the laws passed by
Congress “be faithfully executed”

15.  Treaty
 Formal agreement b/w 2 or more nations
 President has the power to sign and
negotiate treaties
 Senate approves a treaty by a 2/3 vote of the
members present
 Senate did not approveTreaty ofVersailles
afterWWI
 Senate approved Carter giving back the
PanamaCanal

16.  Pardon
 A release from punishment or the legal
consequences of a crime
 Restores a person to full rights and privileges of
citizenship
 Check on judicial power
 Can’t grant a pardon for someone who has been
impeached

17.  Most controversial
 Ford pardoning Nixon afterWatergate before any
charges were brought to court
 Carter granted a pardon for tens of
thousands people that avoided the draft
duringVietnam War
 Clinton pardoned 140 people before he left
office

18.  Veto
 Latin word for “I forbid”
 Refusal by a president or state governor to sign a
bill into law
 2/3 vote of both chambers of Congress can
override a veto
 President has 10 days to sign
 Pocket veto

19.  Andrew Johnson only vetoed 21 bills
 FDR
 372 regular vetoes, 9 were overridden
 263 pocket vetoes

20.  G.W. Bush used his veto power sparingly
 First 6 yrs of presidency, vetoed 1 bill (expanding
stem cell research)
 Democrats took over Congress, vetoed 11 bills (4
overridden)
 Obama has rarely vetoed bills in his first 2
yrs

21.  Presidents have complained about “pork-
barrel” legislation
 Federal spending tacked onto bills in order to bring $$
to a congressmen’s district
▪ Ex – expenditures for a sports stadium might be added to a
bill about crime
 President would have to veto entire bill to
eliminate the pork
 Line-Item veto
 Veto one part of the bill, not whole thing
 Clinton did it in 1996, Supreme Court said it was
unconstitutional in 1998

22.  Inherent Powers
 Powers that are necessary to carry out the specific
responsibilities of the president given by the
Constitution
 Some rights given to the president have been
implied
 Constitution is very vague as to how to carry
out the expressed powers in the Constitution

23.  Constitution uses general language, each
president interprets it differently
 Washington set precedents
 Removed officials from office
 Met regularly w/ members from each branch for
political advice
 Chief Legislator

24.  Lincoln (during Civil War)
 Suspended certain constitutional liberties
 Spent funds that Congress did not appropriated
 Blockaded southern ports
 Banned “treasonable correspondence” from the
US mail
 Did all this under the Commander in Chief
power and constitutional responsibility to
“take Care that the Laws be faithfully
executed”

25.  President sends special messages to
Congress
 Call on Congress to enact laws that the president
thinks are necessary
 Persuade Congress to support certain legislation
 Send aids to lobby on Capitol Hill

26.  Persuading others plays a large role in
determining presidents success
 Richard Neustadt
 “Presidential power is the power to persuade.”
 President needs cooperation from others in
order to get things done
 Important b/c of our divided govt
 President must overcome opposition of Congress
if it belongs to the opposite party

27.  Going Public
 Using press conferences, public appearances, and
televised events to gain public support of certain
legislation
 Public can pressure their legislators to go
along w/ the president
 Support of the public plays a huge role in the
legislative process
 Public opinion of the president has been
known to follow whether or not our economy
is doing well

28.  FDR had some the greatest expansion of
presidential power
 Regulated the economy during the Great Depression
 Since then, we expect the president to be involved in
economic and social issues
 Economic Report of the President
 Budget suggestion from the president to Congress
 State of the nation’s economy and ways to improve it

29.  Figure 12-1 p 268
 Success is defined as how often a president
got his legislation passed
 “Honeymoon Period”
 Success very high in the beginning of the term
 Media looks at the first “100 days” to see
how well a president is doing
 Obama had the most successful first year in
the last 50 years

30.  Inherent power to issue Executive Orders
 Presidential orders to carry out policies described
in laws that have been passed by Congress
 Have the force of law
 Examples
▪ RestructureWhite House bureaucracy, ration consumer
goods and set wage and price controls during
emergencies, regulate export of certain goods, etc.
 Issued frequently, some presidents issue
around 100 in a year

31.  Signing Statement
 Written statement issued by a president at the
time they sign a bill into law
 James Monroe was first to write one
 Praise the legislation, criticize the opposition,
note constitutional problems, provide details on
how the exec branch will interpret the law

32.  Reagan issued 249 signing statements
 Most contained constitutional issues
 Published in the U.S. Code Congressional and
Administrative News
 G.W. Bush’s 161 signing statements
challenged 1100 clauses of federal law
 Some felt this was a constitutional crisis
 Thought he was trying to reinstate the line item
veto
 RejectedCongress’s authority to ban torture and
affirmed that the president could open anyone’s mail

33.  Only Congress can declare war, Senate
approves treaties
 Washington
 Ignored an alliance w/ France when war broke out
b/w them and Great Britain
 Wanted to remain neutral
 Led the way for presidents to decide whether or
not to engage in military action or not

34.  Executive Agreements
 Pacts b/w a president and other heads of state
 Same legal status as a treaty
 Do not require Senate approval
▪ Congress can refuse to fund the executive agreement

35.  Can involve trade or assistance to other
countries
 FDR
 Formed an agreement w/ Churchill in 1940
 U.S. would lend destroyers to Britain to help
protect that nation and its shipping duringWWII
 U.S. was given permission to use military bases on
British territories inWestern Hemisphere

36.  Congress passed a law in 1972 that requires
the president to inform Congress w/in 60
days of making any executive agreement
 Didn’t actually limit the # of executive
agreements

37.  U.S. has been involved in more than 200
military activities
 Congress has only declared war 5 times
 FDR ordered the Navy to “shoot on sight” any
German submarine that entered theW.
Hemisphere security zone
 Truman sent troops to Korea in 1950

38.  EnteredVietnam w/o a declaration of war
 1970, Nixon invadedCambodia
 Reagan invaded Lebanon and Grenada in
1983
 Ordered fighter jets to attack Libya in 1986 in
retaliation for terrorist attacks on U.S. soldiers

39.  Congress members became angry at the
lengthy involvement inVietnam in 1970s
 War Powers Resolution of 1973
 Passed over Nixon’s veto
 Requires the president to notify Congress w/in 48 hrs
of deploying troops
 Prevents the president from sending troops abroad
for more than 60 days (90 days if more time is
needed)
 Congress must approve a longer time period, if not,
troops must return home

40.  Congress passed a joint resolution
 Authorized the president to use “all necessary and
appropriate force against those nations, organizations,
or persons he determines planned, authorized,
committed, or aided the terrorist attacks that occurred
on September 11, 2001.”
 2002 – joint resolution authorizing invasion of Iraq
 Executive orders
 Created military tribunals for trying terrorist suspects
 Could holdAmerican citizens as “enemy combatants”
denying them an attorney

41.  President has the power to decide whether
or not to use nuclear weapons
 Truman made the decision in 1945, also, picked
the locations himself
 President travels at all times w/ the
“football”
 Briefcase containing the codes used to launch a
nuclear attack

43.  Congress has advantage in areas of legislative
authorization, regulation of foreign and
interstate commerce, and some budgetary
matters
 Congress passes legislation and appropriates $$
 President can only veto a bill
 Presidents pay attention to approval
ratings of the public and meets w/ the press
 Tries to gain leverage in Congress

44.  At least one chamber of Congress is
controlled by a separate party than the
White House
 Difficult to get things passed
 Clinton, after Republicans took over in 1995,
had his success rate drop from 86.4% to
36.2%
 Bush had same problem in 2007

45.  Congressmen have a regional focus (state
or district)
 Legislative success of their own (bases that
remain operative, public-works programs that
create jobs, trade rules that benefit a big
employer)
 President focuses on whole nation
 Natl defense, homeland security, natl economy
 Puts president at odds w/ own party members
sometimes

46.  Different term limits and years per term
make the president and Congress have a
sense of urgency
 Try and get legislation passed as fast as possible
 First year of the presidents term

47.  Dealing w/ natl crisis, setting foreign policy,
and in influencing public opinion
 President can make quick and decisive decisions
when a crisis happens
 Some feel the president becomes too
powerful during a crisis and others feel it is
necessary

48.  Public and Congress agree that the president
is allowed some secrecy in order to protect
natl security
 Executive Privilege
 An inherent power
 President can w/hold info from, or refuse to
appear before, Congress or the courts
 Also pass along the privilege to other exec
members

49.  Nixon invoked exec privilege when trying
to keep the tapes of conversations being
given to Congress
 Watergate Scandal
 An illegal break in at the Democratic National
Committees office in 1972 by Nixon’s reelection
staff
 Clinton used it to keep details of his sexual
relations w/ Monica Lewinsky

50.  Bush used it after Democrats started
investigating some of his actions
 Blocked people from testifying and stopped
Congress from seeing different documents
dealing w/ firings of attorneys

52.  Constitution doesn’t mention assistants or
advisers for the president
 “may require the Opinion, in writing, of the principal
Officer in each of the executive Departments”
 Cabinet
 An advisory group selected by the president to assist
w/ making decisions
 Heads of the exec depts and other officers the
president can appoint
 Original 4 were secretaries of state, treasury, and
war and the attorney general

53.  14 cabinet members today
 Table 12-2 pg 273
 Additional members can be added
depending on the president
 Vice President is usually a member
 Clinton added 10 officials, Bush added 5
 Obama added various members

54.  Use is up to the president
 Kitchen Cabinets
 Very informal group of persons to whom the
president turns for advice
 Cabinet members sometimes more worried
about their own offices and own political
ambitions
 Trying to better their depts than helping the
president

55.  Appointed a large number of “czars”
 Each have responsibility for a certain policy area
 Critics feel that the czars undercut the
authority of cabinet members
 Czars don’t have to be confirmed by Senate like
the cabinet members do
▪ Congress loses leverage

56.  The Executive Office of the President (EOP)
 Group of staff agencies that assist the president in
carrying out major duties
 FDR set it up during Great Depression to help w/
increasing responsibilities
 Expanded more w/ growing govt and expanding
economy and society

57.  EOP has changed over the years depending
on the president
 Table 12-3 pg 274
 All of the offices w/in the EOP are subject
to change
 Add or get rid of certain offices

58.  White House Office
 Personal office of the president
 Personnel handle political needs and manage the
media
 Direct contact w/ the president
 Chief of Staff is the head of theWhite House
Office
 Advises president on important matters and directs
operations
 Aid president w/ natl security, economy, or
political affairs

59.  Press Secretary
 Meets w/ reporters and makes public statements
for the president
 Has a counsel that serves as theWhite House
lawyer and handles legal matters
 White House Office has over 400 members

60.  Investigates and analyzes problems that require
the presidents attention
 Gather info and advise the president
 Screen questions and issues in order to decide if
someone other than the president can handle it
 Handle public relations (media and press corps)
 Staff ensures that the president’s initiatives
reach the right people
 some work directly with a congressmen

61.  Office of Management and Budget (OMB)
 Agency in the EOP that assists the president in
preparing and supervising the administration of
the federal budget
 Budget lists the revenues and the spending of the
federal govt
 President can influence the direction and
policies of the govt w/ changes in the
budget

62.  Head of the OMB is appointed by the
president and confirmed by the Senate
 Gives the budget to Congress and is involved in
persuading Congress to pass it
 Once approved, OMB enforces the budget
 OMB also checks legislation to make sure the
president’s position is represented

63.  The National Security Council (NSC) 1947
 Council that advises the president on domestic
and foreign matters concerning the safety and
defense of the nation
 President,VP, and the secretaries of state and
defense are the members
 President’s link to his foreign and military
advisers
 Special assistant for natl security heads the NSC

64.  President will pick someone to balance out
the ticket
 President from the South might choose someone
from theWest to be theirVP
▪ Bush picked Cheney for his experience on the natl level
▪ McCain chose Palin to get female votes
▪ Obama chose Biden for his 35 yrs of experience in
Congress

65.  Almost no responsibilities
 Still can become president (9VP’s have become
president b/c of death or resignation)
 One of the most important advisers to the
president
 Carter relied heavily onVPWalter Mondale
 Clinton relied on Gore
 Cheney
 Placed important party members throughout govt
so Bush could have influence everywhere

66.  25th Amendment
 When the president believes he is incapable of
performing the duties of the office, he must inform
Congress in writing
 VP then serves as acting president until the president
can resume his normal duties
 If president can’t communicate then a majority of the
cabinet and theVP tell Congress
 No timeline of when the president will come back, 2/3
of both chambers of Congress vote to see ifVP stays
in

67.  IfVP becomes vacant, president chooses
another
 2/3 of both chambers of Congress approve or deny
 Ford was picked asVP afterAgnew resigned
 Nixon then resigned, Ford became
president and he chose Rockefeller as his
VP
 First time in U.S. history neither the president
nor theVP were elected by the people

68.  President andVp both die, resign, or are
disabled; Speaker of the House takes
presidency
 Senate ProTempore is after Speaker of the
House
 Succession table 12-2 pg 273