1、PRESIDENCY,Constitutional Origins,Constitutional Convention,Debate arose over,Qualifications,Formal qualificationsArticle II of the Constitution (Clause5, Section1)“No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be
2、eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”,Historically,many candidates who have run for the office of the president have also shar
3、ed several characteristics:political or military experiencepolitical acceptabilitymarriedwhite maleprotestantnorthern European ancestry,But,In the 2008 presidential election, Barack Obama presented himself as a new type of presidential candidate.,Term and Tenure,a four-year termAfter Franklin D. Roo
4、sevelt won the office an unprecedented four times, the 22ndAmendment was added, limiting the president to two elected terms. Or 10 years.,22nd Amendment in 1951,“Section 1.No person shall be elected to the office of the President more than twice, and no person who has held the office of President, o
5、r acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and
6、shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term.Section 2.This article shall be inoperative unles
7、s it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.”,Succession and Disability,The Constitution provides that if the president can no longer serv
8、e in office, the vice president will carry out the powers and duties of the office.The Constitution does not state that the vice president shall actually become president.,That tradition began with the death of W. H. Harrison.The ninth president.Died on his 32nd day in officeof complications frompne
9、umonia, serving the shortest tenure in United States presidential historyHis successor, then Vice-president, John Tyler,William Henry Harrison(February 9, 1773 April 4, 1841),After the assassination of John F. Kennedy, the 25th Amendment(adopted on February 23, 1967) was added to the Constitution, s
10、tating 1 the vice president becomes president if the office of president becomes vacant. 2 amendment also provides for the new president to nominate a new vice president, with the approval of a majority of both houses of Congress.,The first use of the Twenty-Fifth Amendment occurred when Spiro Agnew
11、 resigned the vice presidency and was replaced by Gerald Ford in 1973. The following year it was used again when President Richard Nixon resigned; Vice President Gerald Ford became president; and Ford nominated, and Congress confirmed, Nelson Rockefeller as his new vice president.,38th president(Aug
12、ust 9, 1974January 20, 1977)preceded by Richard Nixonsucceeded by Jimmy Carter,Presidential disability(the 25th Amendment)If the president is unable to perform the duties of his office, the vice president may become acting president under one of the following conditions:1 The president informs Congr
13、ess of the inability to perform the duties of president.2 The vice president and a majority of the cabinet inform Congress, in writing, that the president is disabled and unable to perform those duties.,The president may resume the duties of office upon informing Congress that no disability exists.
14、If the vice president and a majority of the cabinet disagree, Congress has 21 days to decide the issue of presidential disability by a two-thirds vote of both houses.,Impeachment and Removal,Constitution gives the House of Representatives the authority to impeach the president or vice president for
15、Treason, Bribery or other High Crimes and Misdemeanors.,Impeachment Process,Floor proceedingsof the U.S. Senate during the impeachment trial of PresidentBill Clintonin 1999,Chief Justice William H. Rehnquist presiding. House managers are seated beside the quarter-circular tables on the left and the
16、presidents personal counsel on the right.,The Road to the White House,2 basic methods:Succeed to the office Or win election to the office (*to be talked about in next class),Political Experience is needed,Many nominees seeking the office have gained political experience through elected or appointed
17、officesin Congress (mostly the Senate), as state governors, as vice president, or as a cabinet member. Several nominees gained recognition as military leaders.,The Vice Presidency,The office of the vice president has been seen as one to be avoided by ambitious politicians. Constitutionally, 2 duties
18、:preside over the Senate, casting tie-breaking votes if necessaryhelp determine presidential disability under the 25th Amendment and take over the presidency if necessary,Joe Biden, incumbent Vice-President, since January 20, 2009,Formal qualifications: the same as those for the presidentServes a fo
19、ur-year termNumber of terms: not limitedThe selection of the nominee for vice president: 1 At the national convention 2 Selected as a “running mate” by the presidential nominee,Today, the vice president is often given a larger role in government, taking part in cabinet meetings, serving on the Natio
20、nal Security Council, and acting as the presidents representative on diplomatic missions.,Joe Biden, incumbent Vice-President, since January 20, 2009,Presidential Powers(6 specified),Presidential powers can be categorized as executive, legislative, diplomatic, military, judicial, and party powers.,E
21、xecutive Powersenforces laws, treaties, and court decisionsissuesexecutive ordersto carry out policiesappoints officials, removes officialsassumes emergency powerspresides over the cabinet and executive branch,Legislative PowersGives annual State of the Union message (constitutionally required) iden
22、tifying problems, recommending policies, and submitting specific proposals (presidents legislative agenda). Expectations are that the president will propose a comprehensive legislative program to deal with national problems (the Budget and Accounting Act of 1921 requires the president to prepare and
23、 propose a federal budget).,Barack Obama delivering the2010 State of the Union,Issues annual budget and economic reports.Signs or vetoes bills.Proposes legislation and uses influence to get it passed.Calls for special sessions of Congress.,Diplomatic Powersappoints ambassadors and other diplomatsneg
24、otiates treaties andexecutive agreementsmeets with foreign leaders in international conferencesaccords diplomatic recognition to foreign governmentsreceives foreign dignitaries,Blair House, the official state guest house for the President of the United States.,Military Powersserves as commander-in-c
25、hief of the armed forceshas final decision-making authority in matters of national and foreign defenseprovides for domestic order,President Barack Obama and Vice President Joe Biden, along with members of the national security team, receive an updateon the mission against Osama bin Laden in the Situ
26、ation Room of the White House, May 1, 2011.,Judicial Powersappoints members of the federal judiciarygrants reprieves(缓刑),pardons, and amnesty,The US Supreme Court in 2009.President has the power to nominate judges with the advice and consent of the Senate.,Party Powersis the recognized leader of the
27、 partychooses vice-presidential nomineestrengthens the party by helping members get elected (coattails)appoints party members to government positions (patronage)influences policies and platform of the party* coattails 基于政治声望的竞选实力,强有力的总统候选人有能力带领别人在竞选中取胜,Limitations on Presidential PowersCongressional
28、 checks override presidential vetoes(requires a two-thirds vote of both houses of Congress) power of the purse(agency budgets must be authorized and appropriated by Congress) In 1974 Congress passed the Congressional Budget andImpoundmentControl Act, which denied the president the right to refuse to
29、 spend money appropriated by Congress and gave Congress a greater role in the budget process., power of impeachment. approval powers over appointments. legislation that limits the presidents powers (for example, theWar Powers Actlimited the presidents ability to use military force).Legislative vetoe
30、sto reject the actions of the president or executive agency by a vote of one or both houses of Congress without the consent of the president; declared unconstitutional by the Supreme Court in 1983.,Judicial checksJudicial review of executive actionsPolitical checks public opinion media attention pop
31、ularity,The Bureaucracy,Abureaucracyis a systematic way of organizing a complex and large administrative structure. The bureaucracy is responsible for carrying out the day-to-day tasks of the organization. The bureaucracy of the federal government is the single largest in the United States, with 2.8
32、 million employees.,Bureaucracies generally follow three basic principles:hierarchical authoritysimilar to a pyramid, with those at the top having authority over those belowjob specializationeach worker has defined duties and responsibilities, a division of labor among workersmal rulesestablished re
33、gulations and procedures that must be followed,History and Growthbeginningsstandards for office included qualifications and political acceptabilityspoils systempractice of giving offices and government favors to political supporters and friends(政党分肥制,分赃制)reform movementcompetitive exams were tried b
34、ut failed due to inadequate funding from Congress,Pendleton ActCivil Service Act of 1883, passed after the assassination of Garfield by a disappointed office-seeker; replaced the spoils system with a merit system(考绩制,文官录用制度) as the basis for hiring and promotion,Hatch Actof 1939, amended in 1993proh
35、ibits government employees from engaging in political activities while on duty, running for office or seeking political funding while off duty, or if in sensitive positions, may not be involved with political activities on or off duty,Civil Service Reform Act of 1978created the Office of Personnel M
36、anagement (replaced the Civil Service Commission) to recruit, train and establish classifications and salaries for federal employees,OrganizationThe federal bureaucracy is generally divided into 4 basic types:1 cabinetdepartments15 executive departments created to advise the president and operate a
37、specific policy area of governmental activity (Department of State, Department of Labor, Department of the Interior); each department is headed by a secretary, except the Department of Justice, which is headed by the attorney general,2 independent executive agenciessimilar to departments but without
38、 cabinet status (NASA, Small Business Administration)3 independent regulatory agenciesindependent from the executive; created to regulate or police (Securities and Exchange Commission, Nuclear Regulatory Commission, Federal Reserve Board),4 government corporationscreated by Congress to carry out bus
39、iness-like activities; generally charge for services (Tennessee Valley Authority, National Railroad Passenger Corporation AMTRAK【美国铁路公司】, United States Postal Service),Influences on the Federal Bureaucracyexecutive influencesappointing the right people, issuing executive orders, affecting the agency
40、s budget, reorganization of the agency.Congressional influencesinfluencing appointments, affecting the agencys budget, holding hearings, rewriting legislation or making legislation more detailed.,iron triangles(subgovernments 影子政府)iron triangles are alliances that develop between bureaucratic agenci
41、es, interest groups, and congressional committees or subcommittees. Because of a common goal, these alliances may work to help each other achieve their goals, with Congress and the president often deferring to their influence.,issue networksindividuals in Washingtonlocated within interest groups, Co
42、ngressional staff, think tanks, universities, and the mediawho regularly discuss and advocate public policies. Unlike iron triangles, issue networks continually form and disband according to the policy issues.,The Executive Office of the President (EOP),includes the closest advisors to the president
43、it was established in 1939; every president has reorganized the EOP according to his style of leadershipWithin the executive office are several separate agencies,White House Officepersonal and political staff members who help with the day-to-day management of the executive branch; includes the chief
44、 of staff, counsel to the president, press secretaryNational Security Councilestablished by the National Security Act of 1947; advises the president on matters of domestic and foreign national security,Office of Management and Budgethelps the president prepare the annual federal budgetOffice of Fait
45、h-Based and Community Initiativescreated by George W. Bush to encourage and expand private efforts to deal with social problemsOffice of National Drug Control Policyadvisory and planning agency to combat the nations drug problems,Office of Policy Developmentgives the president domestic policy advice
46、Council of Economic Advisorsinforms the president about economic developments and problemsOffice of U.S. Trade Representativeadvises the president about foreign trade and helps negotiate foreign trade agreements,Office of Administrationprovides administrative services to personnel of the EOC and giv
47、es direct support services to the presidentCouncil on Environmental Qualitycoordinates federal environmental efforts and analyzes environmental policies and initiatives,Office of Science and Technology Policyadvises the president on the effects of science and technology on domestic and international
48、 affairs; it also works with the private sector and state and local governments to implement effective science and technology policiesOffice of the Vice Presidentconsists of the vice presidents staff,Executive Departments,State (1789)advises the president on foreign policy, negotiates treaties, repr
49、esents the United States in international organizationsTreasury (1789)collects federal revenues, pays federal bills, mints coins and prints paper money, enforces alcohol, tobacco and firearm laws,Defense (1789)formed from the Department of War and the Department of the Navy (1789) but changed to the Department of Defense in 1947; manages the armed forces, operates military basesInterior (1849)manages federal lands, refuges, and parks, operates hydroelectric facilities, manages Native American affairs,