Honors Government Test 2
Threats to Checks and Balances
It can be argued that some practices in US Politics have taken steps to undermine the established Checks and Balances.
Nuclear "Football" Briefcase
Launch codes for our nuclear weapons and launch procedures
Judicial
Reviews lower court decisions, decides constitutionality of laws, decides cases involving disputes between states
Facts About Impeachment
The Constitution gives the House of Representatives the sole power to impeach an official. The Senate is the sole court for impeachment trials. The power of impeachment is limited to removal from office. A removed officer may be disqualified from holding future office. Fines and potential jail time for crimes committed while in office are left to civil courts.
Concurrent Powers
• "Concurrent" Powers are where the authority of the federal (U.S.) and state governments overlap. • Enforce the laws • Establish courts • Collect taxes • Borrow money • Provide for the general welfare
Presidential powers (THE CONSTITUTION LISTS CERTAIN POWERS THAT ARE SET ASIDE FOR THE PRESIDENT (EXPRESSED POWERS) IN ARTICLE II DUE TO SEPARATION OF POWERS).
1. "Veto", or reject, bills passed by Congress. 2. Call Congress into special session. 3. Serve as "commander-in-chief" of the armed forces. 4. Receive/make agreements with foreign leaders or dignitaries. (With Senate Approval) 5. Make treaties with other nations (With Senate Approval) 6. Appoint heads of executive agencies (With senate approval) 7. Pardon, forgive or reduce the penalties against people convicted of federal crimes. 8. Required to give 'State of the Union' Address to Congress
How a bill becomes a law overview
1. Idea 2. Introduced 3. Committee 4. Subcommittee 5. Committee 6. Full House or Senate Debate 7. Full House or Senate Vote 8. Presidential Action
6 Fundamental Principles
1. Popular Sovereignty 2. Rule of Law 3. Federalism 4. Separation of Powers 5. Checks & Balances 6. Limited Government
War Powers Resolution of 1973
1. Within 48 hours of sending troops into combat, President must report to Congress explain the purpose and scope of this action 2. Combat commitment must in within 60 days unless Congress authorizes an extension 3. Congress may end the combat commitment at any time, by passing a concurrent resolution (passed by both House and Senate) • The constitutionality of this law remains in dispute • Must wait a situation in which Congress demands that its provisions be obeyed and the President refuses to do so • Supreme Court would then determine if the War Powers Resolution was constitutional or not
Electoral college system
A body of people representing the states of the US , who formally cast votes for the election of the president and vice president.
Qualifications for president
Article II, Section 1, Clause 5, of the Constitution says that the President must: 1. Be "a natural born citizen." A person must be born a citizen of the US to be able to become president 2. Be at least 35 years of age. JFK was 43 and youngest to be elected 3. Have lived in the US for minimum 14 years 4. Informal qualifications, such as intelligence and character, are also important considerations
Chief legislator
Chief Legislator • The President is the chief legislator, the main architect of the nation's public policies. • Duties: • Initiates legislation • Uses power of the media • State of the Union • Signs bills into law • Power check! • Congress • doesn't have to pass legislation • can override veto (2/3 majority) • State of the Union Address • Convene both houses of Congress • Influence of laws: • Veto • Pocket Veto • Line-item Veto • Signing into law
Executive
Enforces laws, commander in chief of armed forces, makes foreign treaties, proposes laws, appoints Supreme Court justices and federal court judges, pardons those convicted in federal court
Impeachment Process
Grounds: treason, bribery, and other high crimes and misdemeanors Phase 1: the house formally accuses an official. The phase is called "articles of impeachment" Phase 2: the senate formally tries the accused. A two-thirds vote is necessary for conviction Penalty: removal from office and disqualification from future public office
Key differences between the house and the senate
House:• Initiate revenue bills • Two-year term • 438 • Formal • Specialist • Tax policy Senate:• Advise and consent • Six-year term • 100 • Relaxed • Generalist • Foreign policy
Congress Leadership
House:• the Speaker of the House • majority leader of the House (wields real power) • minority leader of the House • whips (assistants who aid the majority or minority leaders) Senate:• presided by the Vice-President • president pro tempore • majority floor leader • minority floor leader
Legislative
Passes federal laws, controls federal appropriations, approves treaties and presidential appointments, regulates interstate commerce, establishes lower court system
Checks on Congress
The power of Congress is checked by both the Executive Branch and the Judicial Branch. Executive: Recommendation of legislation • During the Bush administration he recommended significant Education Reform in the form of the No Child Left Behind reform program. Also: Presidential Veto (Pocket & Official) • In 2015 Obama vetoed the Keystone XL Pipeline Bill. Judicial: Judicial Review • The Supreme Court has struck down 176 pieces of Congressional Legislation
Checks on the Executive
The power of the Executive is checked by both the Judicial Branch and the Legislative Branch. Congress: Amend/Delay/Reject Legislation • President Clinton's Healthcare reforms were derailed by Congress Veto Override • In 2008, Congress overrode Bush's veto of the Medicare legislation Power of the Purse •Congress defunded the Vietnam War War Declarations • Congress has the power to declare war, and the last war declared was the Second World War. Ratification of Treaties • In 1996, the US Senate did not ratify the Comprehensive Test Ban Treaty Confirmation of Appointments • In 1986, Congress voted down Reagan's nominee for the Supreme Court: Robert Bork Congressional Committee Investigations • Congress can investigate actions of the Executive such as the Benghazi Committee investigations in 2013-today Impeachment • In 1998, the House of Representatives instigated impeachment proceedings against Bill Clinton, but was acquitted by the Senate Supreme Court: Judicial Review • In 1974 in US v Nixon, the Supreme Court ruled over breaches in the practice of Executive Privilege
Checks on the Judiciary
The power of the judiciary is checked by both the Executive Branch and the Legislative Branch. Executive:Executive Appointments • President Obama's nomination of Merrick Garland for the Supreme Court in 2016. Pardon • Gerald Ford pardoned Richard Nixon over the Watergate affair Congress: Impeachment • In 2014 the House of Representatives attempted to impeach Federal Judge Mark Fuller Amend the Constitution • In 1913, Congress passed an amendment to allow for the collection of a federal income tax
Checks and Balances
The theory that each branch of government exercises power and control over the others. Supports the idea of limited government. • Powers each branch has that allows them to check up on the other branches • Prevents branches from abusing their powers • Preserves the separation of powers • Requires cooperation between the branches of government
Expressed Powers
• "Expressed" ("enumerated") Powers are specifically granted to the federal (U.S.) government only! • "Necessary & Proper" laws • Regulating all trade • Conducting foreign affairs • Raise & support armies • Coin or print money • Create postal system • Govern U.S. territories • Regulate immigration
Federalism
• "Federalism" states that power within the United States is shared by the federal (U.S.) and state governments. • Each has independent authority over the people at the same time (must obey both laws).
Reserved Powers
• "Reserved" Powers are kept by the state governments. • These are powers that are NOT specifically mentioned in the Constitution. • Provide for public safety, health, welfare within state • Regulate trade within state • Create local governments • Conduct elections • Establish public school systems.
Impeachment
• "The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors." — U.S. Constitution, Article II, section 4
10th Amendment
• "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people"
How a bill becomes a law: step 3
• After it is introduced, each "bill" is then sent to the committee that seems most qualified to handle it. • A bill about standardized testing would be sent to the Education Committees in the House and the Senate.
The Constitution and the Legislative Branch of Government
• Article I creates a bicameral legislative branch of government. • The upper house is called the Senate in which each state receives two representatives. • Name NY's two Senators. • The lower house is called the House of Representatives which is apportioned by population. • Name your Representative: • The Senate has a six-year term with 1/3 of the seats up for reelection every two years. • Name which of our State's senators just won re-election. • House members serve two-year terms.
Role #2: Chief Diplomat/foreign policy leader
• As Chief Diplomat, the President directs the foreign policy of the United States. • This is done by negotiating treaties with leaders of other nations and securing relationships with other nations - this is also called foreign affairs. • The President utilizes his Secretary of State and ambassadors/diplomats (people that work for the government who are assigned to a foreign nation) to create better relations and build diplomacy with other countries.
Chief diplomat
• As the nation's chief diplomat, the President is the main architect of American foreign policy and chief spokesperson to the rest of the world. • Duties: • Oversees all foreign policy • Appoints and receives ambassadors • Negotiates treaties • Executive agreements • Gives diplomatic recognition • Power check! • Power of the purse • Senate may reject ambassadors or treaties • Powers of Making Treaties: formal agreements between two nations • Convers with Secretary of State • Senate Approval: 2/3 approval • Executive Agreements: agreement between President and head of nation • Recognition Powers: Acknowledges legal existence of country • Recognizing Nations • Receive Ambassadors • Spokesperson for U.S.
Threats to Checks and Balances: Executive Orders
• Can create law without Congress • Obama has issued 226 executive orders since 2009
Chief administrator
• Chief Administrator • The President is the chief administrator, or director, of the United States government. • Duties: • Directs entire executive branch ("CEO" of law enforcement) • Hires heads of bureaucracy • Power Check! • Congress doesn't have to agree to fund agencies • Senate can reject presidential appointments •Appointment Power •Federal Judges •Heads of Agencies • Ambassadors
Chief executive
• Chief Executive • The Constitution gives the President the executive power of the United States. • Duties: • Enforces laws, treaties, court decisions, etc. • Issues executive orders • Power check! • Power of impeachment • Congress can remove the president • The Ordinance Powers: Power to issue orders • Executive order • May issue "commands" or "orders" • Used to run Executive Branch • "Faithfully execute" the laws • Appointment Power • Federal Judges • Heads of Agencies • Ambassadors • The Removal Power • No approval needed • Only applies to appointees within Executive Branch • No elected officials
Military Powers
• Commander in Chief of the U.S. military • Commission military officers • Only the President has the authority to order the use Nuclear Weapons • The "Football" (brief case = nuclear launch codes) • President has the power to make undeclared war • Article I (only Congress has the power to officially declare war against another country) • Last officially declared war? (1941: World War II) • Conflict: Article I (Congress declares war) Article II (President is the Commander in Chief of military) ?
Committee Membership
• Committee System - The real work of Congress is done in committees. • Based on party affiliation • Seniority • Chairman-most seniority & power • There are 4 types of committees: 1.Standing 2. Special 3. Joint 4. Conference • Standing - always exist • Select - special purpose, limited time • Joint - members of both houses, investigate something • Conference - members of both houses, work out differences in legislation
How a bill becomes a law: step 4
• Committees receive hundreds of "bills" and they decide the life or death of these bills • Those that the committee feels are valuable are then sent to a subcommittee to be researched (public hearings may be held) • In a public hearing about standardized testing, the subcommittee would hear from principals, teachers, parents, etc.
Congressional Oversight of the Executive Branch
• Congress has the power to review the actions of the Executive Branch • Congressional oversight is used to ensure that the bureaucracy is enforcing and interpreting laws the way Congress intended.
The Members of Congress
• Congress is older, better educated, whiter, and richer than most of us. • However, great strides have been made. • Points to ponder: • Can a man represent a woman? • Can a white person adequately represent the views of a black person?
War Powers Act of 1973
• Direct result of the Vietnam War (1964-1973) • Congress reducing the Presidents military powers • President Nixon vetoed the resolution declaring it was unconstitutional (illegal) • Congress overrode the veto by a 2/3 vote, thus the resolution passed in 1973
Separation of Powers
• Dividing different powers among three branches of government • Prevents one branch from gaining too much power • Legislative, Judicial, and Executive branches have their own unique powers
How a bill becomes a law: step 1
• Each "bill" starts out as an idea from the White House (i.e. The President) • Special Interest Groups (groups of individuals who try to influence Congress) may also present ideas to Congress that may become bills. • National Rifle Association (N.R.A.) • Federal Assault Weapons Ban (idea came from the President and opposed by the NRA - did not pass (or become law)) • Protection of Lawful Commerce in Arms Act (signed by President Bush in 2005; supported by the NRA - is a Federal Law today.)
Role #6: Economic Leader
• Each President hopes to help the country's economy prosper. • The most important way to do this is to have a sound plan for the federal budget.
Congress and the President
• Especially since the 1930s, the president has seemed to be more powerful than Congress. • However, Congress retains several key powers vis-à-vis the president: • funding powers • oversight • impeachment/removal
How a bill becomes a law: step 2
• Every "bill" must start out and be introduced by a Congressman/ Senator - either a Senator or a House Member. • Every "bill" is given a title and number when it is introduced - H.R.1 or S.1
How Congress is Organized
• Every two years, a new Congress is seated. • Which number will be assigned the Congress sworn in on Jan. 4, 2020? • The first order of business is the election of leaders and adoption of new rules. • Both houses of Congress are organized on the basis of party for both leadership and committee purposes. • Which party controls both houses of Congress?
The Representational Role of Members of Congress
• How should an elected official represent his/her constituents? • Trustee - representatives use their own best judgment • Delegate - representatives vote the way their constituents want them to • Politico - representatives act as trustee or delegate depending on the issue
How a bill becomes a law: step 6
• If a "bill" is approved by the committee, then it is ready to be heard and voted on by the full House of Representatives or the full Senate. • When a bill reaches the floor of the House or Senate, the members argue their pros and cons • The Senate (only) can add riders (a completely unrelated item to the bill) • The Senate also allows filibusters (when a Senator tries to "talk a bill to death") • A filibuster can only be stopped by a 3/5ths vote for cloture, meaning to end the filibuster and take a vote.
Federalist #51
• If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. •Ambition must be made to counteract ambition.
Other Presidential Powers
• Implied powers (generally not found in the U.S. Constitution) • Executive Privilege • Impoundment of funds
Constitutional government
• In the United States, we have a constitutional government. This is a government that is based on the written plan of government that is stated in the constitution. • Where in the Constitution can we find out about the roles and powers of President of the US?
Executive Privilege
• Is the President required to divulge private communications between himself and his advisors? • Separation of powers • United States v. Nixon (1974) • Can the President be sued? • President Clinton was sued in 1997 and 1998 by a private person (Paula Jones) who claimed he had solicited sex from her. • Courts ruled that YES, the President may be sued and his associates cannot claim Executive Privilege
How Members Make Decisions
• It is rare for a legislator to disregard strong wishes of constituents, particularly on hot-button issues or those contentious issues that get a lot of media attention. • Deciding how the voters feel is not possible. • The perceptions of the representative are important since he/she cannot really know how all the constituents feel about an issue. • If constituents have little knowledge or interest in an issue, the legislator often makes an autonomous decision. (Caucuses, interest groups, colleagues, party, staff, political action committees and constituents influence the representative)
Presidential Disability
• It was not until the 25th Amendment that we had a procedure for the VP to take over • Sections 3 and 4 of the 25th Amendment provide procedures to follow when the President is disabled. • The Vice President is to become acting President if (1) the President informs Congress, in writing, "that he is unable to discharge the powers and duties of his office," or (2) the Vice President and a majority of the members of the Cabinet inform Congress, in writing, that the President is thus incapacitated.
Chief economist
• Keeps a close eye on the nation's economy to ensure it runs smoothly and prospers • Duties: • Manages America's trade relationships • Lowers or removes trade restrictions and tarrifs on goods imported into the U.S • Balances conflicting demands of consumers, labor unions, and manufacturers • Power check! • Congress has power to "lay and collect" taxes, establish tariffs, and regulate international trade • But, Congress has given more power to President regarding trade agreements over the years through trade laws/acts
Undeclared Wars and Conflicts
• Korean War (1950-1953) • Vietnam War (1964-1973) • Invasion of Grenada (1983) • Invasion of Panama (1989) • Gulf War (1991) • Somalia Conflict (1993) • Bosnia (1995) • Kosovo (1999) • Afghanistan (2001-Present) • Iraq War (2002-Present)
Threats to Checks and Balances: Executive Agreements
• Makes agreements with other countries • Do not require Senate ratification
Role #4: Legislative leader
• Many bills that Congress considers each year come from the President or "Executive Branch". The President cannot make laws, but he can encourage Congress to pass laws that he supports and veto bills that he is not in favor of. • Every President creates a "legislative program", or a list of laws they want passed. • A special staff is created to work with Congress on these bills. • The President represents the entire nation, while members of Congress represent their own constituents. • This causes conflicts from time to time... • Time is a major issue as the President can only serve two terms, but members of Congress have no term limits.
How can the Executive Branch (President) check and balance the power of the Congress (Legislature)?
• May adjourn Congress in certain situations • May veto bills that have been passed by Congress
How can the Supreme Court (Judicial) check and balance the power of the President (Executive)?
• May declare Executive actions unconstitutional • If they contradict the Constitution
How can the Judicial Branch (Supreme Court) check and balance the power of the Congress (Legislature)?
• May declare laws of Congress Unconstitutional if they contradict the Constitution • This power is called Judicial Review
How can the Legislative Branch (Congress) check and balance the power of the Judicial Branch (Supreme Court )?
• May propose Constitutional Amendments to add to override previous judicial decisions • May impeach Supreme Court Justices for serious crimes
How can the Legislative Branch (Congress) check and balance the Executive Branch (President)?
• May reject presidential appointments (Senate) • May withhold funding • May impeach President for serious crimes (House) • May override Presidential Veto with 2/3rds
The Law-Making Function of Congress
• Only a member of the House or Senate may introduce a bill but anyone can write a bill. • Over 9,000 bills are proposed and fewer than 5 to 10% are enacted. • Most bills originate in the Executive Branch. • Who is the Chief Executive? • A bill must survive three stages to become a law: committees, the floor, and the conference committee. A bill can die at any stage.
Role #7: Party Leader
• Our current President is the top of the Democratic party. The president is also considered the leader of their political party. • They often help with party member's elections: • Give speeches on behalf of candidates • Raise money for elections • Get people in the spotlight at big events
Pay and benefits (congress determines the presidents salary, and this salary cannot be changed during a presidential term)
• Pay: $400,000/year • Expense Allowance: $50,000 • A 132-room mansion (the White House) • Air Force One • Offices and staffing • Other fringe benefits: Presidential Pension, secret service protection, etc.
Congressional Checks on Presidential Power
• Power of the Purse (Do not appropriate funds) • Refuse to pass legislation • Reject Presidential Appointments (Senate) • Reject Treaties (Senate) • Legislative Veto
Impoundment of Funds
• President refuses to spend money that has been appropriated by Congress • U.S. Constitution: only states that the President cannot spend money that Congress has not appropriated • Budget Reform Act of 1974 Requires President to spend all appropriated funds May inform Congress of funds he does not want to spend Congress has 45 days to agree to delete the appropriation or the President must spend the money President may delay spending but Congress may force him to spend the money by passing a concurrent resolution
How a bill becomes a law: step 8
• Presidential Action is the final step in the process. • To help us remember the possible Presidential actions on a bill, we will use the mnemonic device (SVD(P^2)) •S stands for Sign It! The President can sign the bill into law! •V stands for Veto - which means to refuse to sign. • As a limit on the President's power to veto, Congress can override the veto with a 2/3rds vote in each house - very unlikely •D stands for "Do Nothing" ... The President can avoid acting on a bill by just leaving it on his desk. He is given 10 Days to "do nothing"... after 10 Days, • If Congress is still in session - the Bill becomes a Law, it automatically PASSES! • If Congress' session ends before the 10 Days are up, the bill dies and this is called a POCKET VETO!
The Constitution and Succession
• Presidential succession is the plan by which a presidential vacancy is filled. • 25th Amendment (1967): Clarified that VP will become President if President is removed from office. • Presidential Succession Act of 1947: Set succession order (post-VP). • The constitution sets no provisions to sucession
Different types of congressional committees
• Standing Committee: continues from one Congress to the next. • Joint Committee: set up to expedite business between the two houses. • Conference committee: special joint committees that resolve differences in bills passed by either house. • Ad hoc, special, or select committees: temporary committees designed for a specific purpose.
State of the Union
• The "State of the Union" address is the President's way of keeping the Congress informed about the nation and government. • This "informing" is required by the Constitution
Commander in chief
• The Constitution makes the President the commander in chief, giving him or her complete control of the nation's armed forces. • Duties: • Leader/head of the armed forces • Power check! • Congress can choose not to declare war or defund wars • War Powers Act (1974) • Commander in Chief: Chief of Army, Navy, Air Force, Marines • Formal Declaration of War: Comes from Congress • State Militias: Ability to call when needed • War Powers Resolution: 1973 Vietnam War • Resolution's Provisions: • Within 48 hours after committing forces to combat, Prez. Must report to Congress • Forces in combat must end in 60 days (unless agreed to longer) • Congress can end session at any time
The Vice Presidency
• The Constitution only gives the Vice President two duties besides becoming President if the President is removed from office: 1) to preside over the Senate, and 2) to help decide the question of presidential disability. • If the office of Vice President becomes vacant, the President nominates a new Vice President subject to the approval of Congress. • Today, the Vice President often performs diplomatic and political chores for the President.
Apportionment and Redistricting
• The Constitution requires that all Americans be counted every ten years by a census. • The census determines the representation in the House of Representatives. • Redistricting (the redrawing of congressional districts to reflect changes in seats allocated to the states from population shifts) is done by state legislatures and, of course, always has political overtones. • When the process is outrageously political, it is called gerrymandering and is often struck down by the courts.
Chief of party
• The President acts as the chief of party, the leader of the political party that controls the executive branch. • Duties • Influences and leads political party • Helps members of his party get elected to office • Spoils system????????
How can the Executive Branch (President) check and balance the power of the Judicial Branch (Supreme Court )?
• The President appoints justices (judges) to the Supreme Court • With congressional approval • Advice and consent of the Senate • They serve for life, so long as they are not impeached for serious crimes
Roles of the President
• The President has several roles that they play as the leader of the United States.
Role #3: Commander-in-chief
• The President is given complete control of the armed forces as "Commander-in-Chief" • However, as a part of "checks & balances" only Congress can declare war (this has only happened 5 times - the last official declaration of war was Dec. 7, 1941 (World War II) • The President has the authority to send troops into action. • Since 1789, the presidents have sent troops into action over 150 times. • For example, during the conflicts in both Korea and Vietnam, the President got involved in these conflicts and sent troops into battle without a declaration of war from our Congress. • After the Vietnam War, in 1973, Congress passed the "War Powers Resolution" which forced the President to notify Congress within 48 hours of sending troops into action. • The President can only send troops into action for 60 days unless Congress approves and extension or war is declared.
Role #5: Head of State
• The President is the "living symbol" of the United States. • Their role is to carry out the ceremonial (traditional) functions for the American citizens. • As well, the President is interested in domestic affairs - all things social, political and government related to the US.
Role of the President
• The President is the most powerful public official in the United States. • The Constitution tells us that his/her main task is to "execute" or carry out laws that are passed by Congress. • The president has several jobs to fulfill. • If at any time, the President (or other government official) commits a crime or some unlawful activity - it is the power of Congress to impeach that official - accusing them of misconduct in office.
Organization of Congress
• The Speaker of the House is the official leader of the House of Representatives. • He/She is 3rd in line for the Presidency. • The speaker controls the selection of Committee members in the House. • The Majority leader is second in power behind the Speaker. • He/She presents the official position of the party on issues and tries to keep party members loyal to that position • The President of the Senate is the Vice-President of the U.S. • In cases of a tie, (50 - 50) the Vice-President will cast the tie breaking vote. • For day to day operations, a president pro tempore is elected. • This person is usually party of the majority party and senior member of the Senate
Growth in Presidential Power
• The expressed powers of the President have not changed over time but the President's powers have greatly increased • The Presidential View 1. Strict Constructionists 2. Liberal Constructionists • "Stewardship theory" or "Imperial Presidency"
Constitutional Powers of Congress
• The most important constitutional power of Congress is the power to make laws. • This power is shared by the House and the Senate. • In order to become a law, a bill must be passed by both the House and the Senate. -spend money, regulate commerce, create courts, declare war, make all laws necessary and proper to carrying out the enumerated powers, lawmaking, taxation
How a bill becomes a law: step 7
• The next step is for the members of the House of Representatives or the Senate to vote. • There are three different ways that a vote can be taken: 1. Voice Vote (Senate only) 2. Standing Vote (Senate only) 3. Roll-call or today's Computerized Vote • A simple majority vote is all that is needed to pass a "bill". If either house refuses to pass it, the bill dies. • The "bill" must be passed in identical formats in both houses - conference committees may be needed
How a bill becomes a law: step 5
• The subcommittee will report back to the committee who will decide if the "bill" should: 1. Pass without changes 2. Have changes and be passed along 3. Be replaced with a new/better bill 4. Die - the bill is killed and has no chance of becoming a law that session of Congress.
Role #1: Chief Executive
• This is the President's most important job. As Chief Executive the President must carry out laws that are passed by Congress. • The President's "Cabinet" was created to help the president with this task. • As Chief Executive the President can issue an "executive order", or a rule or command that has the force of law. • What current event has to do with this particular role? • In 1948, President Truman issued an order to integrate the U.S. Armed Forces. Executive orders: • Executive Order #9066 was issued by President F D Roosevelt during WWII that forced many Japanese Americans into internment camps as a result of the bombing of Pearl Harbor. • Now, therefore, by virtue of the authority vested in me as President of the United States, and Commander in Chief of the Army and Navy, I hereby authorize and direct the Secretary of War, and the Military Commanders... deems such action necessary or desirable, to prescribe military areas in such places and of such extent as he or the appropriate Military Commander may determine, from which any or all persons may be excluded,..., the right of any person to enter, remain in, or leave shall be subject to whatever restrictions the Secretary of War or the appropriate Military Commander may impose in his discretion. (1942, Executive Order 9066) • Forced Internment is the act of making people relocate for a certain amount of time. The President also has the power to appoint federal judges to Federal Courts and justices to the U.S. Supreme Court (but must receive approval from the Senate). •Not all appointees are approved... • Finally, Presidents can issue or grant • "pardons" (or declarations of forgiveness) • "reprieves" (or orders to delay punishment until heard by a higher court • "amnesty" (or a pardon toward a group of people)
Impeached Presidents
• Three Presidents have been impeached • 1) Andrew Johnson in 1868 • 2) William Jefferson (Bill) Clinton in 1998 • 3) Donald J. Trump in 2019 and 2021 No presidents have been REMOVED from office. *** President Richard Nixon was never impeached, he resigned before then.
Longest filibuster ever
• U.S. Sen. Strom Thurmond • The record for the longest filibuster goes to U.S. Sen. Strom ThurmondThe record for the longest filibuster goes to U.S. Sen. Strom Thurmond of South Carolina, who spoke for 24 hours and 18 minutes against the Civil Rights Act of 1957, according to U.S. Senate records. • Thurmond began speaking at 8:54 p.m. on Aug. 28 and continued until 9:12 p.m. the following evening, reciting the Declaration of IndependenceThurmond began speaking at 8:54 p.m. on Aug. 28 and continued until 9:12 p.m. the following evening, reciting the Declaration of Independence, Bill of RightsThurmond began speaking at 8:54 p.m. on Aug. 28 and continued until 9:12 p.m. the following evening, reciting the Declaration of Independence, Bill of Rights, President George Washington's farewell address and other historical documents along the way. • Thurmond was not the only lawmaker to filibuster
Reasons for Growth of Power
• Unity of President: one man "chief executive" • Personality of the man • The nation's increasing social and economic problems • Need for immediate and decisive action during times of crisis • Commander in Chief of military forces (undeclared war) • The mass media focus on the President
Reasons for Growth in Power
• Unity of President: one man "chief executive" • Personality of the man • The nation's increasing social and economic problems • Need for immediate and decisive action during times of crisis • Commander in Chief of military forces (undeclared war) • The mass media focus on the President
The President's Term
• Until 1951, the Constitution placed no limit on the number of terms a President could serve. • Traditionally, Presidents limited the number of terms served to two. • Franklin D. Roosevelt was elected for a 3rd term in 1940—then a 4th in 1944! • The 22nd Amendment placed limits on presidential terms—limited to two terms of office.
Threats to Checks and Balances: Signing Statements
• Written pronouncement on legislation by the President • Can alter the meaning or intention of legislation passed
Formal Powers of the President
•Formal Powers = those that are found in Article II of the Constitution • Examples: •Commander and chief •Veto laws •Negotiate treaties
Informal Powers of the President
•Informal Powers = powers that are not explicitly written in the constitution - Occurred due to custom/tradition or historical circumstance - Informal powers EXPAND the power of our Presidency - Example: - Enact legislative agenda - Send out troops without a declaration of war - Media
Powers of clemency: mercy or leniency powers
•Reprieve: To delay the punishment/sentence of convicted •Pardon: To forgive crime and cancel penalty (EXCEPT IMPEACHMENT) •Commutation: To reduce penalties (sentences) •Amnesty: Pardon/forgiveness for offense, especially political
Chief of state
•The President is chief of state. This means he is the symbol of all the people of the nation. • Duties: • Ceremonial head of the nation • Bestows honors on citizens, addresses the nation in time of crisis, etc.
Chief citizen
•The President is expected to be "the representative of all the people." • Duties: • Leads by example • Gains and keeps the public trust • Puts nation's interests above himself
Issues with electoral college system
1) Winner-Take-All is unfair • Makes it possible for someone to lose the popular vote but still win the electoral vote 2) Third Party Candidates Can change or prevent majority 3) Election by the House All states counted equally (1 vote)
Presidents cabinet
Dept of state, treasury, defense, justice, interior, agriculture, commerce, labor, health&human services, houseing&urban dev, transportation, energy, education, veterans affairs, homeland security
Benefits of the electoral college system
• 1) Candidate must have broad appeal • Not simply regional or local appeal • If directly elected by popular vote, where do you think candidates would spend most of their time campaigning? • 2) Promotes federalism • Keeping states involved! • 3) Discourages voter fraud • No benefit to it- same amount of electoral votes regardless
States and their electors
• Electors: members of a party chosen in each state who officially elect the President • Each state: * 2 Senators + # Representatives = Electoral Votes * State legislatures decide how electors are chosen 538 & 270 to win What's the total number of electors in the Electoral College? (Hint: There are 3 extra for D.C.!)
"Winner-Take-All" System
• Majority of popular vote = ALL of electoral votes! • Party whose candidate wins the largest amount of popular votes wins all of the electoral votes for that state • (EXCEPT Maine and Nebraska- divide proportionally!) If no clear majority... the House decides the election
Election timeline
• Presidential Election every 4 years November: voters cast ballots December: electors meet in state capitals to vote (Send tallies to Congress) January: Congress counts electoral votes Jan 20: Candidate who won majority is "sworn in"
