U. S. Government Class

 

 

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The Presidency

 

Qualifications (Article II Section 1 U.S. Constitution)

Natural born citizen

At least 35 years old

Resided in USA at least 14 years

Job Description (Article II Section 2)

Commander in Chief of the Armed Forces (Article II Section 2)

Makes treaties with advise and consent of Senate

Appoints ambassadors, consuls and Judges of Supreme Court

Grants pardons (except for impeachment)

Term in office:

4 years (Article II Section 1)

May serve only two terms ( 22nd Amendment)

Vice President becomes acting President

If President becomes disabled

Must have VP and President's cabinet determine disability (25th Amendment)

Upon death, resignation or removal of President

Vice President becomes President

If Vice President can not serve

Speaker of the House becomes President

The President can be impeached for treason, bribery or other high crimes and misdemeanors

Article II Section 4

Impeachment:

The equivalent of being indicted for a crime

Accomplished by the House of Representatives By majority vote

After vote for impeachment by House the case against the President goes to the Senate

Senate holds a trial with Chief Justice as Judge

Senate sits as jury

A 2/3 vote in the Senate required to remove the President from office

Constitutional Powers

Few listed in the Constitution

(Article II Section 1, 2 and 3)

National Security:

Commander and Chief

Treaties with 2/3 of Senate

Nominates ambassadors with the majority of the Senate

Administrative:

"Take care that laws be faithfully executed"

Nominates officials with consent of majority of the Senate

Requests written opinions of admin officials

Fills administrative vacancies during Congressional recesses

Judicial:

Nominates federal judges, who are confirmed by a majority of the Senate

Appoints Supreme Court Justices who are onfirmed by the Senate

Grants reprieves and pardons for federal offenses (except impeachment)

The Cabinet:

Presidential advisors

Not mentioned in Constitution

Executive Office:

National Security Council

Pres., Vice Pres. and Sec of State and Defense

Council of Economic Advisors

Three members appointed by President

Advise on matters of the economy

Office of Management and Budget

Managerial and Budgetary functions

Veto Power of the President:

Constitutional Power

Send bill back to Congress with reasons why rejected

Congress can override veto

Takes a 2/3 vote

By House of Representatives

By Senate

Commander and Chief:

Article II Section 2

War Powers Resolution

Reaction to Vet Nam

Pres. must consult with Congress if conflict lasts more than 60 days

Congress may declare war or grant an extension

Legislative veto - probably unconstitutional violation of separation of power

Presidential Power not found in Constitution:

Political influence

Presidential coattails

Casting votes for others due to Pres. support

Party leadership

"bully pulpit"

Many others

Legislative:

State of the Union

Recommends legislation to Congress

Convenes Congress on extraordinary events

Adjourns Congress if they can't

Vetoes legislation (But, Congress can overrule by 2/3 vote in each house)