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What provisions had the Articles of Confederation made for an Executive Branch?
There was a president but acted as the chairman of congress
Why did the Convention decide to have one person as president instead of setting up a three person executive?
Believed that one person would be more decisive while the 3 people would be slow to act. The executive could be checked by the power of Congress. Wanted effective leadership
What decisions did the Convention make about the President’s term of office and eligibility for re-election? Why did the delegates prefer these decisions to the alternatives they rejected?
4 year terms with no restrictions on re-election
Believed eligibility for re-election would cause the President to have good motives and act well. No restrictions because they believed impeachment could get rid of a bad president. Didn’t want long terms because they didn’t want a hereditary monarchy.
Why did the Convention decide against electing the President on the basis of direct universal suffrage?
Believed that the poeple wouldn’t be aware of the characters of the candidates and would pick someone unworthy of office.
Qualifications for office
35 years old, citizen of 14yrs/citizen at the time of constitution, natural born citizen
Term length and limits
Originally no term limits, 4 year terms
22nd Amendment
10years max, two terms of 4
Who has the power to elect the President?
States
Why electoral college and not universal suffrage?
Filters of democracy, didn’t think the people would choose the right person. People choose electors who choose Presidents.
Why couldn’t Congress act as the filter of democracy?
Separation of Powers
How many electors are there?
538, minimum 3 per state because of senators + representatives. Washington DC has 3.
Qualifications for electors
Not a senator, representative, or in a high ranking government position
How are electors chosen?
In most states, vote for party that you want to win → party gets all electors for that state. Vote for candidate but actually vote for electors. Maine + Nebraska - winner of each district gets 1 elector, winner of state gets 2.
Originally, who were the people on the ballots?
2 people per ballot that weren’t from the same state. Winner is Prez second is VP
Election of 1796
President Adams and Jefferson of different parties
Election of 1800
Tie in electoral college between Jefferson and Burr. Jefferson should’ve won. Hamilton in the house chose Jefferson even though he hated both.
Twelfth Amendment 1804
Separated ballots for Prez and VP
How many electoral votes to win
270
What happens if there is a tie in the electoral college over the president
names of the top 3 go to the house to be chosen
what happens if there is a tie in the electoral college over the vice president
top 3 go to senate
Small state advantage
Each elector in a small state represents a smaller amount of people per elector
large state advantage
you only need 11 states to win the election
Why is the electoral college not likely to be changed?
Constitution needs ¾ of states for amendments → never enough states to approve
States dominated by one party wouldn’t want to give power to other parties
50/50 states that are benefitted by the election season won’t be visited as much because the netgain of like 5/4 electors isn’t worth it
Important election days
“Congress may determine time of choosing” by federal statute
held on 1st Tuesday after 1st Monday in November every 4 years
electoral college meets the first Monday after the 2nd Wednesday in December
Ballots opened January 6th in the House
1841 - Tyler replaces W.H. Harrison
Harrison gave inaugural address and got pneumonia and died
Presidential Succession Act 1947
Established line of succession. Speaker would only be promoted if president and vice president both die. Prez - VP - speaker of the house - president pro tempore - cabinet secretaries: secretary of state, defence, treasury, attorney general
Why did they pass the 25th Amendment
After Kennedy died, people were worried that the whole government could be wiped out. More permanent succession
25th Amendment Section One
Presidential line of succession reiterated
25th Amendment Section Two
Provides a way to replace VP. Prez appoints new VP for approval by House and Senate
25th Amendment Section Three
President writes letter to the Speaker of the House and President Pro Tempore to transfer power to VP temporarily, like if surgery
25th Amendment Section Four
What happens if the Prez can’t write the letter outlined in Section three. VP + Cabinet sign letter to Senate pro temp and speaker of house requesting power transfer to VP. If Prez not in sound mind and body - 2/3 House and Senate will vote and transfer power to VP.
Unelected Administration of 1974
Nixon forced to resign after Watergate scandal. Agnew his VP forced to resign after being charged with bribery and other not so good things. New administration was totally unelected
Who said, “So help me God”
George Washington
The Prez is the Commander and Chief of what
army, navy, militia
Why is the Prez commander and chief
wanted to ensure civilian control
What are the Emergency Powers
President takes abnormal measures in times of crisis.
Who has the most power in a Nuclear War
President
War Powers Act 1973
President can act however they want in emergency, but if they send troops for more than 60 days they need Congress approval
What does the President do as the Cabinet Chief
Run executive departments. President picks the presidents of each department
Why is the United States unique in that the President is the Head of state and diplomacy
most other countries have two positions
What does the President do as the Head of state/diplomacy
Acts as the face of the country, goes to dinners, travels. Can form treaties with approval of 2/3 the senate
What are executive agreements
not as strong as a treaty but still needs congress approval
Who can the President appointment and who approves them?
Justices - senate approval
Ambassadors - senate approval
Cabinet - senate approval
What are Presidential commissions
President can choose military people, officials. Signed commission to give the job and is hand delivered
Reprieve
not take away punishment but takes away penalty
Pardon
legal forgiveness from crime, away from records, can’t pardon impeachment
Commutation
Lessen sentence
Amnesty
pardon a group
What is the State of the Union Address?
Once a year, 3rd week of January, goes to Congress and gives a speech. Talks about what happened the past year and what to do the new year.
Joint Session of Congress
Again, like the State of the Union Address, congress goes to the House chamber. Solemn and formal. Usually called during times of crisis. Other people can talk not just the President
Take Care Clause
President has to enforce the law and has to make executive orders that Cabinets give to carry out the law. Executive orders can be overridden by Congress.
Why did the framers of the Constitution want to both grant and limit executive power?
They were afraid of a monarchy, but didn’t want a weak government like the Confederation.
What are three of the most significant presidential powers
Veto legislation
Commander in Chief
Treaties and foreign policies
What are three of the more significant checks on the President’s power
Can’t declare war and limits on military spending
2/3 house and senate override
Senate confirms all appointments and treaties
Why did the framers of the Constitution include a provision for impeachment?
Franklin feared a bad president that they couldn’t get rid of
Who can be impeached?
Justices, VP, President. Can’t appeal or overturn impeachment
For what reasons can someone be impeached?
treason, bribery, high crimes and misdemeanors