Ch.+8+The+Presidency+-+Definitions,+Text+Notes,+Class+Notes+&+Connecting+Theory+to+Reality

=Definitions (Write the definitions in your own words & try to insert or link a picture with each definition.)=

of Congress. By doing this, the President prohibits them from becoming law and no additional Congressional action is required. LINK WITH DEFINITION: http://www.worldnewsstand.net/2002/article/EdLewis/6.htm__// president or vice president, the vacant position of president or VP would be filled in the order stated in the Presidential Succession Act. According to this act, which was passed in 1947, the position of president would first be given to the vice president, then speaker of the house, president pro tempore of the Senate, and lastly the Sec. of State, Treasury, & Defense, and other cabinet leaders in order of the establishment of their department. This amendment also provided a process for managing a case in which the president became disabled. LINK WITH DEFINITION: http://www.doctorzebra.com/prez/a_amendment25.htm//
 * Veto Power: Job of the President to turn down bills that get approved by both houses
 * 25th Amendment: Amendment that ensured that, if anything ever happened to a
 * __Taftian Theory:__ The Idea that the president is limited to the powers given to the executive branch in the constitution and cannot do anything else. [[image:http://www.enchantedlearning.com/books/us/constitution/4small.GIF width="96" height="129"]]
 * [[image:file:moz-screenshot.jpg]]
 * __22nd Amendment__: Prevents a president from holding more than 2 terms or 10 years in office (if he replaces a death or impeached president) This amendment was enacted by the Republican Party. This was used to prevent a person from holding the presidency as long as Franklin D. Roosevelt had during the 1930's and 1940's when he died during his fourth term in office. [[image:http://www.eere.energy.gov/news/images/04_02_03_bush_cabinet.jpg width="70" height="75" align="center"]]
 * __Cabinet:__ A group of people who are the formal advisers to the President. These people head the 15 executive departments.
 * __Cabinet:__ A group of people who are the formal advisers to the President. These people head the 15 executive departments.


 * __Impeachment__: The process of removing the president, vice president, or other office holders from their position(s): the House of Representatives must have 2/3 vote to make decision to remove the official and the trial and final decision is held and made by the Senate.


 * __New Deal__ - In the 1930’s the US was in the middle of a great economic depression. President Franklin D. Roosevelt at this time created the New Deal to help Americans recover from their existing economy, get some relief, and help build the financial system for the future. The New Deal was influenced by British economist John Maynard Keynes who advocated deficit spending by the government in terms of high unemployment in order to stimulate demand for goods and services. There was some debate that this gave the president too much power; costs were too high to maintain these programs. They stopped building the programs in 1937 and many were cutback and abolished in 1943. There are two main programs still in effect today from the New Deal. They are: Social Security and Securities Exchange Commission.



[|Justice Department Office of Pardons.]
 * __Pardon:__ The President can forgive the crimes of any individual as long as the crime committed was a federal crime. Any one person seeking a pardon must obtain an application and turn it in to the Office of Pardons which then considers all cases and decides which would be most suitable for a pardon. The only exception to this was during President Clintons final day in office when he secretly pardoned people ranging from drug dealers to fraudulent businessmen who all had financial connections to the Democratic Party.


 * __Patronage:__ Special favors that the President does for allies and supporters as a reward. Ex. Giving jobs. [[image:warpoweract..jpg width="67" height="68" align="center"]]
 * __War Powers Act__- This act was developed in 1973 to help limit the powers of the president who is also the Commander in Chief of the military in the US. What this act says is that Congress is the only one who can declare war but the president can deploy the military (wage war) without Congress’s permission for up to sixty days. The president can send military overseas without any explanation up to 48 hours. At that time, he/she must provide in writing an explanation of their action. Congress, working with the president, then has up to sixty days to decide if the action is needed. If both have not come to an understanding, the time period can extend another 30 days.
 * __The National Security Council__: was established in 1947 to advise the President on foreign policy and the affairs of the American Military.


 * __Inherent Powers:__ Powers of the president not specified, but can be inferred from powers listed in the Constitution. EX: Washington's claim that the president can proclaim policy of neutrality regarding the French and British being at war with each other, although at the time it was not formally described in the Constitution.


 * __Executive Order__: A rule or regulation issued by the presidet that has the same effect as a law. many are issued to help clarify or implement legislation from Congress or can sometimes have the effect of making new policy. EX. Harry Truman's prdering an end to segregation in the military through Executive Order.


 * __Executive Agreement__: Secret and highly senistive agreements between the President and foreign countries. They do not require Senate approval. Executive agreements do not carry over between administrations.
 * __Executive Office of the President:__ An office established in 1939 to help the President oversee the bureaucracy of the Executive branch.


 * __Line-Item Veto__: Authority given to the President to delete an individual part of a bill passed by the Legislative Branch that involves taxing or spending. It allows a President to get rid of any outrageous pork barrel legislation or programs that are not consistent with his policy goals.

> http://www.whitehouse.gov/omb/
 * __Stewardship Theory__: Theodore Roosevelt followed this theory, believing that Article II of the Constitution conferred on the President not only the power, but the duty to take whatever actions necessary to National Interest as long as such actions awere not prohibited by the Constitution, or by law itself.
 * __Executive privilege__: power that the president/executive staff members have allowing them to refuse to make conversations or national security issues open to the public, limited but reaffirmed by US vs. Nixon in 1974.
 * __Office of Management and Budget (OMB)__: integral role in the president’s role in the budgetary process – the office is responsible for preparing the annual budget proposal and researching/communicating all necessary information required for this report to the president.

=Text Notes & Class Notes=

Qualifications & Terms in Office
The Constitution of the US has set three main rules for someone to be qualified to run for Presdient of the country. They are: 1) The Candidate must be at the age of 35 years or above. 2) The Candidate must be a natural citizen which means that he must have been born in the US. 3) The Candidate must have lived in the US for a minimum of 14 years. This refers to people like Diplomats and people in the army who tend to stay away from the US a lot. Most presidents have held elected office, and no female or racial minority has been elected president yet. A two-term limit has been followed by most presidents due to the precedent set by George Washington. FDR is the only president who has been elected to more than two terms - the 22nd Amendment was passed in 1951 to prevent anyone from holding the office for more than two full terms (or ten years if they came to the office due to the death or impeachment of their predecessor).

Rule of Succession
Twenty Fifth Amendment was created to basically fill vacancies in office and deal with disabilities of a president.

1. Vice President 2. Speaker of the House of Representatives 3. President pro tempore of the Senate 4. Secretaries of state, treasury, and defense as well as other Cabinet heads in order of the creation of their department
 * If a president dies in office or resigns/is impeached the order of succession is as follows:
 * If a vacancy occurs in the position of Vice President then the president has the authority to choose another Vice President as long as its approved by the majority of Congress.
 * 25th amendment also allows Vice president and majority of the Cabinet to say a president is unable to fulfill his duties

Constitutional Powers
-The president is "Commander in Chief of the Army and Navy of the United States" -although do have to have Congress to declare war, presidents can use the executive's duty "take Care that the Laws be faithfully executed to wage war" -War Powers Act=limited the presidents authority to introduce American troops into hostile foreign lands without congressional approval
 * The Appointment Power
 * Can appoint Ambassadors, Ministers, Consuls, Supreme Court Justices, and all other Officers of the U.S.
 * authority to make more than 6,000 appointments
 * appoints more than 75,000 military personnel
 * Cabinet: an advisory group selectd by the president to help him make decisions and execute laws
 * cabinet members must be approved by the Senate
 * The Power to Convene Congress
 * President must inform Congress on the State of the Union (This has becomce an annual televised address to a joint session of Congress though many earlier presidents sent a written statement to Congress and dispensed with speechmaking altogether.
 * Can convene or assemble either or both houses of Congress on "extraordinary Occasions"
 * Today, Congress is virtually full-time and is in session almost year round, so the power is not as important as it once was.
 * Military Powers

-authority of a president to reject any congressional legislation -usually influences Congress to bring up something that the president WILL support -a way to keep with the checks and balances- Congress can also override a veto with a 2/3 vote line item veto occurs often
 * Power To Veto

The main Presidential Powers can be remembered with the mnemonic "TV CAMP" T- Treaties * (makes pacts and agreements with other countries) V- Veto (can decline to sign a bill into law) C- Convene Congress (can call congress into session for special emergencies) A- Appointment * (chooses people to serve in government positions) M- Military Powers ("power of the sword") P- Pardon (can excuse a person of any federal crime)


 * requires the consent of the senate

Development & Expansion of Presidential Power
An 'executive order' is a rule or regulation issued by thepresident that has the effect of law. Some executive orders have the effect of making new policy. Significance: Executive orders show how easily a president can thwart the wishes of Congress and substitute his own policy preferences into effect.
 * Proposing legislation and using the budget to advance policy priorities are not the only ways that presidents can affect the policy process
 * Washington, Adams, and Jefferson: Establishing Presidents' Authority**

The first three presidents set the tone for those who came after them. George Washington, John Adams, and Thomas Jefferson had a variety of impacts on the office. Washington chose to step down after two terms hoping to set a precedent (which stood until the 1930s and FDR). John Adams had poor leadership skills and probably hastened the development of political parties, and Jefferson expanded the role of the president in Congress and expanded the idea of inherent powers through the Louisiana Purchase.

Throughout the course of history, several presidents have set precedents regarding executive power:
 * Washington: established primacy of national government, taxes, cabinet, cheif exec. of foregin affairs
 * Adams: development of political parties
 * Jefferson: increased ties with Congress, claiming it to be a duty of the legislative procress
 * Jackson: first to end Congress' power over president
 * Lincoln: suspended the writ of habeus corpus, expanded the US Army size, instituted a blockade of southern ports
 * FDR: started trend of president's decisions supreme over Congress' (with New Deal "Relief, recovery, reform" program)

Presidential Establishment

 * U.S. vs. Nixon Trial** - The Supreme Court ruled that there was no overriding //executive privilege// (an implied presidential power that allows the president to refuse disclosed information regarding confidential conversations or national security to Congress or the judiciary) that sanctioned the president's refusal to comply with a court order to produce information needed in a criminal trial.

The establishment is comprised of the Vice President and his staff, the cabinet, the first lady and her staff, the executive office of the president, and the white house staff. The Cabinet is not mentioned anywhere in the Constitution – it is an informal institution made up of advisers in various areas appointed by the president. The number of departments in the cabinet has been increasing every term, sometimes by interest group pressure on the Congress.

President as Policy Maker
From Franklin D. Roosevelt's presidency up until the Republican controlled 104th Congress, the public looked to the President to create legislation to propose to Congress, which would then adopt, modify, or reject the President's plan. However, in 1994, it appeared that the public wanted Congress to be more asserive in the legislative process. Even so, Congress' failure to pass many items of the Contract with America has allowed Presidents Bill Clinton and George W. Bush to continue to have a presence in the lawmaking process.

The President & Public Opinion

 * "Going Public" is the President going over the heads of members of Congress to gain support from the electorate, who can put pressure on their elected officials in D.C.
 * To gain support for programs or a proposed budget the President uses a variety of skills: Personal Leadership; Patronage; Persuasion; Direct Appeals to the Public.
 * Statistics show that presidents have the highest public approval rating at the beginning of their term.
 * Many events, such as Watergate, Vietnam, the Iraq warm and the Iran-Contra scandal, have caused the public opinion on the president to decline as he leaves office, as only four presidents have achieved an approval rating of 50 percent of hire at the end of their term since Lyndon B. Johnson.
 * Since the 1970's, the public has become more concerned with the president's actions, causing very few presidents to enjoy a high approval rating.

=Connecting Theory to Reality= President Eisenhower ordered US National Guard troops to enforce the integration of public schools in Arkansas after Brown v. Board of Education. This shows the president's power to use the military to support judicial rulings.

One of the most famous, or infamous, examples of a presidential pardon is the pardon of Richard Nixon by Gerald Ford. This was not truly a statement that Nixon should be let free so much as an attempt by Ford to put the situation behind him and move on with the presidency.

Reality=Gerald R. Ford pardoned Richard Nixon after he got into office saying "for any offenses against the United States, which he, Richard Nixon, has committed or may have committed while in office" so Nixon got away with the Watergate Scandal clean. It is thought of that Ford lost his next election because of the pardon.

Reality= Carter granted a general amnesty to 10,000 men who had fled the United States or gone into hiding to avoid being drafted for military service in the Vietnam War

Reality=Vietnam War was conducted without a congressional declaration of war, 58,000 American soldiers killed and 300,000 wounded LBJ proposed the Gulf of Tonkin Resolution allowing more troops to Vietnam- LBJ and Nixon lied about the casuality numbers and distorted facts to the Congress, this was later revealed in the Pentagon Papers so therefore as a result the War Powers Act was created

Reality= Clinton vs. City of New York- city of New York challenged Clintons line item vetos when Clinton used it to stop payment of some congressionaly authorized funds to the city-ruled it unconstitutional


 * The Power to Preside over the Military as Commander in Chief** (pg 288)

Stated in Article II of the Constitution, “the Pres. is the Commander in Chief of the Army and Navy of the U.S.”


 * The Pentagon Papers 1971 revealed that former President L.B.J. systematically altered casualty figures and changed serious key facts to make the war seem less violent and downward spiraling.
 * __War Powers Act__ (1973) limits authority of the President to wage war. The President needs Congressional approval
 * Reflects the will of the American people
 * Is an attempt of Congress to control military power through the executive
 * Somewhat hinders quick action of military
 * Congress doesn’t know foreign affair conditions as well as the President


 * The Pardoning Power** (pg 289)

__Pardon__ (Reprieve) = An executive grant restoring rights/privileges of convict
 * Also known as a check on judicial power through constitutional authority
 * Cannot be used to override impeachment
 * not just directed at one individual, can be offered to general amnesties
 * Amnesties to groups of people are carried out more often than individual pardons
 * can create a lot of public hysteria

Reality=Gerald R. Ford pardoned Richard Nixon after he got into office saying "for any offenses against the United States, which he, Richard Nixon, has committed or may have committed while in office" so Nixon got away with the Watergate Scandal clean. It is thought of that Ford lost his next election because of the pardon.

Reality= Carter granted a general amnesty to 10,000 men who had fled the United States or gone into hiding to avoid being drafted for military service in the Vietnam War

The 25th Amendment The 25th Amendment, in addition to listing the succession of leaders if the president dies, (1. Vice President, 2. Speaker of House, 2. President pro tempore of Senate, 4. Secretaries of state, treasury, defense; in order of creation of department), also contains a section that enables to President himself or members of the cabinet to claim that the President is not fit to rule. So, when Reagan had colon surgery he made Vice President Bush the acting president temporarily through the 25th amendment.