The Constitution and the Presidency

For the write-up, answer one of the discussion questions at the end of the chapter 2. (Again, 250 words max)

For Monday:

• Washington's Farewell Address

• The Monroe Doctrine, explanation and excerpt at https://www.archives.gov/milestone-documents/monroe-doctrine

• Lincoln letter to Albert Hodges on presidential prerogative

• David Donald, "Getting Right With Lincoln," The Atlantic, September 1956,  https://www.theatlantic.com/past/issues/95nov/lincoln/lincrite.htm

In appraising presidents, consider not only what they did but what they refrained from doing.  (See Ike, for instance)

ARTICLE II

Section 1

The Vesting Clause (Edwards 20-21): "The executive Power shall be vested in a President of the United States of America."

Why only one president?  Why not a troika or a board?   Do US states have a form of plural executive power?

Federalist 70 and plurality in the executive:

But one of the weightiest objections to a plurality in the Executive, and which lies as much against the last as the first plan, is, that it tends to conceal faults and destroy responsibility. Responsibility is of two kinds -- to censure and to punishment. The first is the more important of the two, especially in an elective office. Man, in public trust, will much oftener act in such a manner as to render him unworthy of being any longer trusted, than in such a manner as to make him obnoxious to legal punishment. But the multiplication of the Executive adds to the difficulty of detection in either case. It often becomes impossible, amidst mutual accusations, to determine on whom the blame or the punishment of a pernicious measure, or series of pernicious measures, ought really to fall. It is shifted from one to another with so much dexterity, and under such plausible appearances, that the public opinion is left in suspense about the real author. The circumstances which may have led to any national miscarriage or misfortune are sometimes so complicated that, where there are a number of actors who may have had different degrees and kinds of agency, though we may clearly see upon the whole that there has been mismanagement, yet it may be impracticable to pronounce to whose account the evil which may have been incurred is truly chargeable.

Unitary Theory of the Executive -- the most extreme form

"Natural born citizen" -- Why?

Election of the president -- for Feb 16, 18.

Vacancies -- see also 25th Amendment and Presidential Succession Act.  The problem with Designated Survivor

The oath (keep in mind next week when we discuss Lincoln).  

What he actually swore on:

Roberts screwed up:

Section 2

"The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States" (Edwards 47-49).

"[He] shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment."

"He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States..." 

Section 3

"He] shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States."