Amar Chapter 4 Americas First Officer -The Articles of Confederations President was simply a presiding delegate, honorary, no powers

rs of appointment or veto, no military command/executive departments, no authority to negotiate treaties, etc. The Constitutions: Why the term president? -was generally associated with weaker state executives during the late 1700s cloaked the President in an unthreatening and republican light -George Washington was the President of the Philadelphia Convention; fitting to keep title -wanted to ensure title was simple, not grand (i.e. no Highness/Protector of Liberties, etc.) to avoid any hint of monarchy/pacify concerns of kingly government Powers: -The President never sleeps the Constitution ensured the continuity of presidential power -Article II provides for immediate substitution of a vice president if anything happens to the president -Executive power: the right and duty to protect the U.S. -unilateral emergency measures - ex: Lincoln suppressed Southern insurrectionists -veto any bill; pick cabinet dept. heads; four years; perpetual reelection -control military force; authority over treaties -one-man executive key to the unified command structure for effectiveness of military -too short of a term would hurt the ability to maintain long-term Intl strategies -Pen as a shield prevent unwise measures that might hurt foreign relations -Pen as a sword add signature to legislative measures in exchange for Congressional yes votes on treaties key to nat security -benefits of short terms: -any potential damage can be mitigated -creates incentives to choose presidents with strong military and diplomatic credentials so they can step up to the job quickly -such power given to attract qualified people; to check Congress; to check foreign powers Election: -move away from annual elections showed consolidation of democracy by focusing public attention during energized election seasons -spilled over to states bandwagon for executive power/longer terms at state level -Washingtons refusal to stand for reelection set a standard that a republic should be bigger than any one man set a model to avoid possibility of tyranny 2 term tradition -ex-presidents role: Washington set a model for the exprez to help the sitting president when asked, but also be a private citizen too -The electoral-college, initially, sought to balance large and small states by allowing a second round of votes to be decided by the House -small states not really protected because goal was to balance geographies (North and South)

-12th Amendment facilitated national parties and mass participation in presidential politics -Article II invited men of all classes to serve as electors/seek presidency, but excluded federal officeholders/congressman from first-round voting 2 Benefits: -avoided corruption and self-dealing by allowing one-shot electors -freed the president from undue dependence on Congress No Direct Elections because of 3 reasons: -Information barriers voters might not know enough about a candidate from a far-off state -federalism no sturdy national administrative apparatus slavery southern slaves would not count in a direct election; but cold be factored into an electoral-college system Southern backing of the college Effects on South: -interstate electoral-college inflation -intrastate slaver-skewed state legislators had more discretion in giving slaveholding regions within a state more than their fair share of electoral-college clout Qualifications Why 35 years of age? 1) It makes people prove themselves shows that they have good merit over a long term 2) Prevents dynastic tendencies/inheritance the offspring of leaders have to prove that they are competent before they have the potential to be elected -Why not prevent all presidential offspring from gaining office? -It would potentially prevent the best candidate from being picked, like John Quincy Adams Why a natural born citizen? Prevents foreign aristocrats from gaining power (which is what happened in England with the German House of Hanover) What other qualifications? Not many it shows a commitment to democracy no religious or property qualifications Death, Resignation or Inability -Initially, presidential elections occurred via double-ballots you could vote for your states candidate, but you also had to vote for a candidate out-of-state person who took second place became Vice President -Formation of political parties led to political problems the second place candidate could be of the opposite party 12th amendment separate vote for president and vice president -Article II did not define what inability was, or even who would determine it but Article Is Necessary and Proper Clause invited Congress to be the ones to determine -Transferring of Power in these cases is essential for 2 reasons 1) Republicanism If the president could no longer do his job, it should go to someone who could

2) National Security disabled president was an infinitely greater risk than a disabled governor What if the President AND Vice President are out of commission? -Article II allowed a special off-year national election to fill in the remainder of the presidents term, and also allowed for an interim president -interim president would be Senate President Pro Tempore (the Senate President designated after the VP) or if unavailable, the Speaker of the House -this would make the interim president give up his previous legislative position, or else risk encroaching on the Separation of Powers -Hamilton thought first in line should be an position (i.e. Secretary of State or Treasury Secretary) 1947 Statute made first in line the speaker of the House, followed by the Senate President), with no special elections