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United States presidential election

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198-567: [REDACTED] [REDACTED] The election of the president and for vice president of the United States is an indirect election in which citizens of the United States who are registered to vote in one of the fifty U.S. states or in Washington, D.C. , cast ballots not directly for those offices, but instead for members of the Electoral College . These electors then cast direct votes, known as electoral votes, for president and for vice president. The candidate who receives an absolute majority of electoral votes (at least 270 out of 538, since

396-517: A Democratic National Committee -commissioned panel led by Senator George McGovern – the McGovern–Fraser Commission – recommended that states adopt new rules to assure wider participation. A large number of states, faced with the need to conform to more detailed rules for the selection of national delegates in 1972, chose a presidential primary as an easier way to come into compliance with the new national Democratic Party rules. The result

594-449: A Democratic National Committee -commissioned panel led by Senator George McGovern – the McGovern–Fraser Commission – recommended that states adopt new rules to assure wider participation. A large number of states, faced with the need to conform to more detailed rules for the selection of national delegates in 1972, chose a presidential primary as an easier way to come into compliance with the new national Democratic Party rules. The result

792-1096: A president of the United States in Congress Assembled to preside over its deliberation as a neutral discussion moderator . Unrelated to and quite dissimilar from the later office of president of the United States, it was a largely ceremonial position without much influence. In 1783, the Treaty of Paris secured independence for each of the former colonies. With peace at hand, the states each turned toward their own internal affairs. By 1786, Americans found their continental borders besieged and weak and their respective economies in crises as neighboring states agitated trade rivalries with one another. They witnessed their hard currency pouring into foreign markets to pay for imports, their Mediterranean commerce preyed upon by North African pirates , and their foreign-financed Revolutionary War debts unpaid and accruing interest. Civil and political unrest loomed. Events such as

990-511: A "disruptive" erosion of his ability to govern. Ford failed to win election to a full term and his successor, Jimmy Carter , failed to win re-election. Ronald Reagan , who had been an actor before beginning his political career, used his talent as a communicator to help reshape the American agenda away from New Deal policies toward more conservative ideology. With the Cold War ending and

1188-512: A Statement of Candidacy with the Federal Election Commission . This has led presidential candidates, especially members from the two major political parties, to officially announce their intentions to run as early as the spring of the previous calendar year so they can start raising or spending the money needed for their nationwide campaign. Potential candidates usually form exploratory committees even earlier to determine

1386-430: A Statement of Candidacy with the Federal Election Commission . This has led presidential candidates, especially members from the two major political parties, to officially announce their intentions to run as early as the spring of the previous calendar year so they can start raising or spending the money needed for their nationwide campaign. Potential candidates usually form exploratory committees even earlier to determine

1584-404: A candidate in a presidential caucus or primary, they may be voting to award delegates "bound" to vote for a candidate at the presidential nominating conventions, or they may simply be expressing an opinion that the state party is not bound to follow in selecting delegates to their respective national convention. Unlike the general election, voters in the U.S. territories can also elect delegates to

1782-475: A combination of both. These primaries and caucuses are staggered generally between January and June before the federal election, with Iowa and New Hampshire traditionally holding the first presidential state caucus and primary, respectively. Like the general election, presidential caucuses or primaries are indirect elections. The major political parties officially vote for their presidential candidate at their respective nominating conventions, usually all held in

1980-573: A delegate for Virginia. When the Constitutional Convention convened in May 1787, the 12 state delegations in attendance ( Rhode Island did not send delegates) brought with them an accumulated experience over a diverse set of institutional arrangements between legislative and executive branches from within their respective state governments. Most states maintained a weak executive without veto or appointment powers, elected annually by

2178-463: A dominant figure in American politics. Historians believe Roosevelt permanently changed the political system by strengthening the presidency, with some key accomplishments including breaking up trusts, conservationism, labor reforms, making personal character as important as the issues, and hand-picking his successor, William Howard Taft . The following decade, Woodrow Wilson led the nation to victory during World War I , although Wilson's proposal for

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2376-450: A federal office must file a Statement of Candidacy with the Federal Election Commission before they can receive contributions aggregating in excess of $ 5,000 or make expenditures aggregating in excess of $ 5,000. Thus, this began a trend of presidential candidates declaring their intentions to run as early as the spring of the preceding calendar year so they can start raising and spending the money needed for their nationwide campaign. There

2574-449: A federal office must file a Statement of Candidacy with the Federal Election Commission before they can receive contributions aggregating in excess of $ 5,000 or make expenditures aggregating in excess of $ 5,000. Thus, this began a trend of presidential candidates declaring their intentions to run as early as the spring of the preceding calendar year so they can start raising and spending the money needed for their nationwide campaign. There

2772-545: A good deal of foreign and domestic policy without aid, interference or consent from Congress". Bill Wilson , board member of Americans for Limited Government , opined that the expanded presidency was "the greatest threat ever to individual freedom and democratic rule". Article I, Section   1 of the Constitution vests all lawmaking power in Congress's hands, and Article 1, Section 6, Clause   2 prevents

2970-571: A long time to count and report ballots, and because of the winner's logistical issues in moving to the capital. With improvements in transportation and the passage of the Twentieth Amendment , presidential inaugurations were moved forward to noon on January 20, thereby allowing presidents to start their duties sooner. The Federal Election Campaign Act of 1971 was enacted to increase disclosure of contributions for federal campaigns . Subsequent amendments to law require that candidates to

3168-500: A long time to count and report ballots, and because of the winner's logistical issues in moving to the capital. With improvements in transportation and the passage of the Twentieth Amendment , presidential inaugurations were moved forward to noon on January 20, thereby allowing presidents to start their duties sooner. The Federal Election Campaign Act of 1971 was enacted to increase disclosure of contributions for federal campaigns . Subsequent amendments to law require that candidates to

3366-452: A majority of votes, having been on the ticket for both Jackson and Adams, there was no need for the Senate to vote for a vice president. Since 1824, aside from the occasional "faithless elector", the popular vote indirectly determines the winner of a presidential election by determining the electoral vote, as each state or district's popular vote determines its electoral college vote. Although

3564-399: A majority of votes, having been on the ticket for both Jackson and Adams, there was no need for the Senate to vote for a vice president. Since 1824, aside from the occasional "faithless elector", the popular vote indirectly determines the winner of a presidential election by determining the electoral vote, as each state or district's popular vote determines its electoral college vote. Although

3762-560: A majority vote in the Electoral College. In the presidential election of 1824 , Andrew Jackson received a plurality , but not a majority, of electoral votes cast. The election was thrown to the House, and John Quincy Adams was elected president. A deep rivalry resulted between Andrew Jackson and House Speaker Henry Clay , who had also been a candidate in the election. Since the vice presidential candidate John Calhoun received

3960-440: A majority vote in the Electoral College. In the presidential election of 1824 , Andrew Jackson received a plurality , but not a majority, of electoral votes cast. The election was thrown to the House, and John Quincy Adams was elected president. A deep rivalry resulted between Andrew Jackson and House Speaker Henry Clay , who had also been a candidate in the election. Since the vice presidential candidate John Calhoun received

4158-466: A month after taking office. Presidents often grant pardons shortly before leaving office, like when Bill Clinton pardoned Patty Hearst on his last day in office; this is often controversial . Two doctrines concerning executive power have developed that enable the president to exercise executive power with a degree of autonomy. The first is executive privilege , which allows the president to withhold from disclosure any communications made directly to

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4356-465: A moot issue later in the 19th century when it became the norm for popular elections to determine a state's Electoral College delegation. Electors chosen this way are pledged to vote for a particular presidential and vice presidential candidate (offered by the same political party). Although the president and vice president are legally elected separately, in practice they are chosen together. The Twelfth Amendment also established rules when no candidate wins

4554-465: A moot issue later in the 19th century when it became the norm for popular elections to determine a state's Electoral College delegation. Electors chosen this way are pledged to vote for a particular presidential and vice presidential candidate (offered by the same political party). Although the president and vice president are legally elected separately, in practice they are chosen together. The Twelfth Amendment also established rules when no candidate wins

4752-970: A number of issues, including representation and voting, and the exact powers to be given the central government. Congress finished work on the Articles of Confederation to establish a perpetual union between the states in November 1777 and sent it to the states for ratification . Under the Articles, which took effect on March 1, 1781, the Congress of the Confederation was a central political authority without any legislative power. It could make its own resolutions, determinations, and regulations, but not any laws, and could not impose any taxes or enforce local commercial regulations upon its citizens. This institutional design reflected how Americans believed

4950-424: A part of the state, to elect their electors.) This movement toward greater democratization coincided with a gradual decrease in property restrictions for the franchise . By 1840 , only one of the 26 states ( South Carolina ) still selected electors by the state legislature. Every other state was electing its electors by general ticket plurality voting state-wide. By 1872 no states elected their electors using

5148-419: A part of the state, to elect their electors.) This movement toward greater democratization coincided with a gradual decrease in property restrictions for the franchise . By 1840 , only one of the 26 states ( South Carolina ) still selected electors by the state legislature. Every other state was electing its electors by general ticket plurality voting state-wide. By 1872 no states elected their electors using

5346-447: A part of their electors by use of district votes within the respective state. Eighteen states also have specific laws that punish electors who vote in opposition to the plurality, known as " faithless " or " unpledged " electors. In modern times, faithless and unpledged electors have not affected the ultimate outcome of an election, so the results can generally be determined based on the state-by-state popular vote. In addition, most of

5544-446: A part of their electors by use of district votes within the respective state. Eighteen states also have specific laws that punish electors who vote in opposition to the plurality, known as " faithless " or " unpledged " electors. In modern times, faithless and unpledged electors have not affected the ultimate outcome of an election, so the results can generally be determined based on the state-by-state popular vote. In addition, most of

5742-654: A popular vote, a number of states used to select presidential electors by a direct vote of the state legislature itself. However, federal law does specify that all electors must be selected on the same day, which is "the Tuesday next after the first Monday in November," i.e., a Tuesday no earlier than November   2 and no later than November   8. Today, the states and the District of Columbia each conduct their own popular elections on Election Day to help determine their respective slate of electors. President of

5940-431: A presidential veto, it requires a two-thirds vote of both houses, which is usually very difficult to achieve except for widely supported bipartisan legislation. The framers of the Constitution feared that Congress would seek to increase its power and enable a "tyranny of the majority", so giving the indirectly elected president a veto was viewed as an important check on the legislative power. While George Washington believed

6138-438: A sexual harassment suit could proceed without delay, even against a sitting president. The 2019 Mueller report on Russian interference in the 2016 presidential election detailed evidence of possible obstruction of justice , but investigators declined to refer Donald Trump for prosecution based on a United States Department of Justice policy against indicting an incumbent president. The report noted that impeachment by Congress

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6336-612: A sitting American president led troops in the field", though James Madison briefly took control of artillery units in defense of Washington, D.C. , during the War of 1812 . Abraham Lincoln was deeply involved in overall strategy and in day-to-day operations during the American Civil War , 1861–1865; historians have given Lincoln high praise for his strategic sense and his ability to select and encourage commanders such as Ulysses S. Grant . The present-day operational command of

6534-550: A state visit by a foreign head of state, the president typically hosts a State Arrival Ceremony held on the South Lawn , a custom begun by John F. Kennedy in 1961. This is followed by a state dinner given by the president which is held in the State Dining Room later in the evening. As a national leader, the president also fulfills many less formal ceremonial duties. For example, William Howard Taft started

6732-432: A third (independent) candidate achieved significant success (although still finishing in third place) was Ross Perot in 1992 , and the last time a third-party candidate received any electoral votes not from faithless electors was George Wallace in 1968 . In the first two presidential elections, the Electoral College handled both the nominations and elections in 1789 and 1792 that selected Washington. Starting with

6930-432: A third (independent) candidate achieved significant success (although still finishing in third place) was Ross Perot in 1992 , and the last time a third-party candidate received any electoral votes not from faithless electors was George Wallace in 1968 . In the first two presidential elections, the Electoral College handled both the nominations and elections in 1789 and 1792 that selected Washington. Starting with

7128-429: A vice presidential running mate to join the ticket, which is either determined by choice of the nominee or by a second round of voting. Because of changes to national campaign finance laws since the 1970s regarding the disclosure of contributions for federal campaigns, presidential candidates from the major political parties usually declare their intentions to run as early as the spring of the previous calendar year before

7326-429: A vice presidential running mate to join the ticket, which is either determined by choice of the nominee or by a second round of voting. Because of changes to national campaign finance laws since the 1970s regarding the disclosure of contributions for federal campaigns, presidential candidates from the major political parties usually declare their intentions to run as early as the spring of the previous calendar year before

7524-512: Is allocated a number of electors equal to the number of its delegates in both houses of Congress, combined. In 1961, the ratification of the Twenty-Third Amendment granted a number of electors to the District of Columbia, an amount equal to the number of electors allocated to the least populous state. However, U.S. territories are not allocated electors, and therefore are not represented in the Electoral College. Constitutionally,

7722-437: Is allocated a number of electors equal to the number of its delegates in both houses of Congress, combined. In 1961, the ratification of the Twenty-Third Amendment granted a number of electors to the District of Columbia, an amount equal to the number of electors allocated to the least populous state. However, U.S. territories are not allocated electors, and therefore are not represented in the Electoral College. Constitutionally,

7920-542: Is confirmed that it is much more effective than contacting potential voters by email or by phone, (Sides et al., pg. 147 para, 2, 3). These are just some of the wide variety of tactics used in campaigns. Under the United States Constitution, the manner of choosing electors for the Electoral College is determined by each state's legislature. Although each state designates electors by popular vote, other methods are allowed. For instance, instead of having

8118-461: Is confirmed that it is much more effective than contacting potential voters by email or by phone, (Sides et al., pg. 147 para, 2, 3). These are just some of the wide variety of tactics used in campaigns. Under the United States Constitution, the manner of choosing electors for the Electoral College is determined by each state's legislature. Although each state designates electors by popular vote, other methods are allowed. For instance, instead of having

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8316-413: Is head of the executive branch of the federal government and is constitutionally obligated to "take care that the laws be faithfully executed". The executive branch has over four million employees, including the military. Presidents make political appointments . An incoming president may make up to 4,000 upon taking office, 1200 of which must be confirmed by the U.S. Senate . Ambassadors , members of

8514-616: Is no provision for the role of political parties in the U.S. Constitution, since the Founding Fathers did not originally intend for American politics to be partisan. Thus, the first president, George Washington , was elected as an independent . Since the emergence of the American two-party system , and the election of Washington's successor, John Adams , in 1796 , all winners of U.S. presidential elections have represented one of two major parties. Third parties have taken second place only twice, in 1860 and 1912 . The last time

8712-548: Is no provision for the role of political parties in the U.S. Constitution, since the Founding Fathers did not originally intend for American politics to be partisan. Thus, the first president, George Washington , was elected as an independent . Since the emergence of the American two-party system , and the election of Washington's successor, John Adams , in 1796 , all winners of U.S. presidential elections have represented one of two major parties. Third parties have taken second place only twice, in 1860 and 1912 . The last time

8910-421: Is significantly shaped by the outcome of presidential elections, with presidents taking an active role in promoting their policy priorities to members of Congress who are often electorally dependent on the president. In recent decades, presidents have also made increasing use of executive orders , agency regulations, and judicial appointments to shape domestic policy. The president is elected indirectly through

9108-407: Is sufficient to elect a general ticket using popular vote. But in the first presidential election in 1789 , for example, some states used "open" list block voting ; Maryland used block voting but had guaranteed seats for different parts of the state; Virginia elected its 12 electors by first-past-the-post voting contest in 12 districts. Other states later used multi-member districts, each covering

9306-407: Is sufficient to elect a general ticket using popular vote. But in the first presidential election in 1789 , for example, some states used "open" list block voting ; Maryland used block voting but had guaranteed seats for different parts of the state; Virginia elected its 12 electors by first-past-the-post voting contest in 12 districts. Other states later used multi-member districts, each covering

9504-721: Is the 46th and current president, having assumed office on January 20, 2021. President-elect Donald Trump is scheduled to be inaugurated as the 47th president on January 20, 2025. During the American Revolutionary War , the Thirteen Colonies , represented by the Second Continental Congress in Philadelphia , declared themselves to be independent sovereign states and no longer under British rule. The affirmation

9702-407: Is the responsibility of state legislatures to regulate voter eligibility and registration. And the specific requirements for voter eligibility and registration also vary by state, e.g. some states ban convicted felons from voting. The modern nominating process of U.S. presidential elections consists of two major parts: a series of presidential primary elections and caucuses held in each state, and

9900-404: Is the utilization of previous election results and survey data that can be used to identify who falls into the categories given in section one. Third, it is not essential, nor possible to get the support of every voter in an election. The campaign focus should be held mostly to keeping the base and using data to determine how to swing the undecided voters. Fourth, now that the campaign has identified

10098-404: Is the utilization of previous election results and survey data that can be used to identify who falls into the categories given in section one. Third, it is not essential, nor possible to get the support of every voter in an election. The campaign focus should be held mostly to keeping the base and using data to determine how to swing the undecided voters. Fourth, now that the campaign has identified

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10296-571: Is to be commander-in-chief of the army and navy of the United States.   ... It would amount to nothing more than the supreme command and direction of the military and naval forces   ... while that [the power] of the British king extends to the DECLARING of war and to the RAISING and REGULATING of fleets and armies, all [of] which   ... would appertain to the legislature. [Emphasis in

10494-477: The 1796 election , congressional party or a state legislature party caucus selected the party's presidential candidates. That system collapsed in 1824, and since 1832 the preferred mechanism for nomination has been a national convention . Delegates to the national convention were usually selected at state conventions whose own delegates were chosen by district conventions. Sometimes they were dominated by intrigue between political bosses who controlled delegates;

10692-475: The 1796 election , congressional party or a state legislature party caucus selected the party's presidential candidates. That system collapsed in 1824, and since 1832 the preferred mechanism for nomination has been a national convention . Delegates to the national convention were usually selected at state conventions whose own delegates were chosen by district conventions. Sometimes they were dominated by intrigue between political bosses who controlled delegates;

10890-497: The 1824 election was the only presidential election under the current system decided by a contingent election in Congress that elected a different president than the candidate with a plurality in both the electoral and popular vote. (The 1800 election and the 1824 election were decided in the House. In 1800 the House winner was the candidate who had won a plurality of the popular vote.) Presidential elections occur every four years on Election Day , which since 1845 has been

11088-491: The 1824 election was the only presidential election under the current system decided by a contingent election in Congress that elected a different president than the candidate with a plurality in both the electoral and popular vote. (The 1800 election and the 1824 election were decided in the House. In 1800 the House winner was the candidate who had won a plurality of the popular vote.) Presidential elections occur every four years on Election Day , which since 1845 has been

11286-543: The Boy Scouts of America . List of United States presidential elections [REDACTED] [REDACTED] The election of the president and for vice president of the United States is an indirect election in which citizens of the United States who are registered to vote in one of the fifty U.S. states or in Washington, D.C. , cast ballots not directly for those offices, but instead for members of

11484-535: The Cabinet , and various officers , are among the positions filled by presidential appointment with Senate confirmation. The power of a president to fire executive officials has long been a contentious political issue. Generally, a president may remove executive officials at will. However, Congress can curtail and constrain a president's authority to fire commissioners of independent regulatory agencies and certain inferior executive officers by statute . To manage

11682-573: The Electoral College to a four-year term, along with the vice president . Under the Twenty-second Amendment , ratified in 1951, no person who has been elected to two presidential terms may be elected to a third. In addition, nine vice presidents have become president by virtue of a president's intra-term death or resignation . In all, 45 individuals have served 46 presidencies spanning 58 four-year terms. Joe Biden

11880-481: The Electoral College . These electors then cast direct votes, known as electoral votes, for president and for vice president. The candidate who receives an absolute majority of electoral votes (at least 270 out of 538, since the Twenty-Third Amendment granted voting rights to citizens of D.C.) is then elected to that office. If no candidate receives an absolute majority of the votes for president,

12078-691: The Electoral Count Act in 1887 in response to the disputed 1876 election , in which several states submitted competing slates of electors. The law established procedures for the counting of electoral votes. It has subsequently been codified into law in Title 3 of the United States Code . It also includes a " safe harbor " deadline where states must finally resolve any controversies over the selection of their electors. Until 1937, presidents were not sworn in until March 4 because it took

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12276-500: The Electoral Count Act in 1887 in response to the disputed 1876 election , in which several states submitted competing slates of electors. The law established procedures for the counting of electoral votes. It has subsequently been codified into law in Title 3 of the United States Code . It also includes a " safe harbor " deadline where states must finally resolve any controversies over the selection of their electors. Until 1937, presidents were not sworn in until March 4 because it took

12474-685: The House of Representatives elects the president; likewise if no one receives an absolute majority of the votes for vice president, then the Senate elects the vice president. United States presidential elections differ from many other republics around the world (operating under either the presidential system or the semi-presidential system ) which use direct elections from the national popular vote ('one person, one vote') of their entire countries to elect their respective presidents. The United States instead uses indirect elections for its president through

12672-710: The League of Nations was rejected by the Senate. Warren Harding , while popular in office, would see his legacy tarnished by scandals, especially Teapot Dome , and Herbert Hoover quickly became very unpopular after failing to alleviate the Great Depression . The ascendancy of Franklin D. Roosevelt in 1933 led further toward what historians now describe as the Imperial presidency . Backed by enormous Democratic majorities in Congress and public support for major change, Roosevelt's New Deal dramatically increased

12870-660: The Newburgh Conspiracy and Shays' Rebellion demonstrated that the Articles of Confederation were not working. Following the successful resolution of commercial and fishing disputes between Virginia and Maryland at the Mount Vernon Conference in 1785, Virginia called for a trade conference between all the states, set for September 1786 in Annapolis, Maryland , with an aim toward resolving further-reaching interstate commercial antagonisms. When

13068-559: The Supreme Court of the United States . However, these nominations require Senate confirmation before they may take office. Securing Senate approval can provide a major obstacle for presidents who wish to orient the federal judiciary toward a particular ideological stance. When nominating judges to U.S. district courts , presidents often respect the long-standing tradition of senatorial courtesy . Presidents may also grant pardons and reprieves . Gerald Ford pardoned Richard Nixon

13266-438: The Twenty-Third Amendment granted voting rights to citizens of D.C.) is then elected to that office. If no candidate receives an absolute majority of the votes for president, the House of Representatives elects the president; likewise if no one receives an absolute majority of the votes for vice president, then the Senate elects the vice president. United States presidential elections differ from many other republics around

13464-588: The U.S. Constitution emerged. As the nation's first president, George Washington established many norms that would come to define the office. His decision to retire after two terms helped address fears that the nation would devolve into monarchy, and established a precedent that would not be broken until 1940 and would eventually be made permanent by the Twenty-Second Amendment . By the end of his presidency, political parties had developed, with John Adams defeating Thomas Jefferson in 1796,

13662-610: The Watergate scandal , Congress enacted a series of reforms intended to reassert itself. These included the War Powers Resolution , enacted over Nixon's veto in 1973, and the Congressional Budget and Impoundment Control Act of 1974 that sought to strengthen congressional fiscal powers. By 1976, Gerald Ford conceded that "the historic pendulum" had swung toward Congress, raising the possibility of

13860-636: The Watergate scandal , the Supreme Court ruled in United States v. Nixon , 418 U.S. 683 (1974), that executive privilege did not apply in cases where a president was attempting to avoid criminal prosecution. When Bill Clinton attempted to use executive privilege regarding the Lewinsky scandal , the Supreme Court ruled in Clinton v. Jones , 520 U.S. 681 (1997), that

14058-490: The convention failed for lack of attendance due to suspicions among most of the other states, Alexander Hamilton of New York led the Annapolis delegates in a call for a convention to offer revisions to the Articles, to be held the next spring in Philadelphia . Prospects for the next convention appeared bleak until James Madison and Edmund Randolph succeeded in securing George Washington 's attendance to Philadelphia as

14256-429: The presidential nominating conventions held by each political party . This process was never included in the Constitution, and thus evolved over time by the political parties to clear the field of candidates. The primary elections are run by state and local governments, while the caucuses are organized directly by the political parties. Some states hold only primary elections, some hold only caucuses, and others use

14454-585: The 1830s and 1840s until debates over slavery began pulling the nation apart in the 1850s. Abraham Lincoln 's leadership during the Civil War has led historians to regard him as one of the nation's greatest presidents. The circumstances of the war and Republican domination of Congress made the office very powerful, and Lincoln's re-election in 1864 was the first time a president had been re-elected since Jackson in 1832. After Lincoln's assassination, his successor Andrew Johnson lost all political support and

14652-447: The 50 states if they want to qualify on each state's ballot, and the requirements for filing vary by state. The eligibility of an individual for voting is set out in the Constitution and regulated at state level. The 15th , 19th and 26th Amendments to the Constitution state that suffrage cannot be denied on grounds of race or color, sex, or age for citizens eighteen years or older, respectively. Beyond these basic qualifications, it

14850-728: The Armed Forces is delegated to the Department of Defense and is normally exercised through the secretary of defense . The chairman of the Joint Chiefs of Staff and the Combatant Commands assist with the operation as outlined in the presidentially approved Unified Command Plan (UCP). The president has the power to nominate federal judges , including members of the United States courts of appeals and

15048-477: The Constitution grants to the president as commander-in-chief has been the subject of much debate throughout history, with Congress at various times granting the president wide authority and at others attempting to restrict that authority. The framers of the Constitution took care to limit the president's powers regarding the military; Alexander Hamilton explained this in Federalist No. 69 : The President

15246-428: The Constitution, and thus evolved over time by the political parties to clear the field of candidates. The primary elections are run by state and local governments, while the caucuses are organized directly by the political parties. Some states hold only primary elections, some hold only caucuses, and others use a combination of both. These primaries and caucuses are staggered generally between January and June before

15444-490: The Democratic and Republican party conventions also include "unpledged" delegates who have a vote. For Republicans, they consist of the three top party officials from each state and territory. Democrats have a more expansive group of unpledged delegates called " superdelegates ", who are party leaders and elected officials. Each party's presidential candidate also chooses a vice presidential nominee to run with him or her on

15642-431: The Democratic and Republican party conventions also include "unpledged" delegates who have a vote. For Republicans, they consist of the three top party officials from each state and territory. Democrats have a more expansive group of unpledged delegates called " superdelegates ", who are party leaders and elected officials. Each party's presidential candidate also chooses a vice presidential nominee to run with him or her on

15840-584: The Democratic candidate in the previous three presidential elections, and the number of electoral votes each state had in the Electoral College. In contrast, the Republicans assigned to each state 10 delegates, plus three delegates per congressional district. Both parties then gave a fixed number of delegates to each territory, and finally bonus delegates to states and territories that passed certain criteria. Along with delegates chosen during primaries and caucuses, state and U.S. territory delegations to both

16038-541: The Electoral College, and the system is highly decentralized like other elections in the United States . The Electoral College and its procedure are established in the U.S. Constitution by Article II, Section 1, Clauses 2 and 4 ; and the Twelfth Amendment (which replaced Clause   3 after its ratification in 1804). Under Clause   2, each state casts as many electoral votes as the total number of its Senators and Representatives in Congress , while (per

16236-485: The House. In response to the 1800 election, the Twelfth Amendment was passed, requiring electors to cast two distinct votes: one for president and another for vice president. While this solved the problem at hand, it reduced the prestige of the vice presidency, as the office was no longer held by the leading challenger for the presidency. The separate ballots for president and vice president became something of

16434-417: The House. In response to the 1800 election, the Twelfth Amendment was passed, requiring electors to cast two distinct votes: one for president and another for vice president. While this solved the problem at hand, it reduced the prestige of the vice presidency, as the office was no longer held by the leading challenger for the presidency. The separate ballots for president and vice president became something of

16632-521: The Senate may vote to disqualify that person from holding any "public office... under the United States" in the future. Section 3 of the Fourteenth Amendment prohibits the election to any federal office of any person who engaged in insurrection after having held any federal or state office, rebellion or treason; this disqualification can be waived if such an individual gains the consent of two-thirds of both houses of Congress. In addition,

16830-449: The Senate may vote to disqualify that person from holding any "public office... under the United States" in the future. Section 3 of the Fourteenth Amendment prohibits the election to any federal office of any person who engaged in insurrection after having held any federal or state office, rebellion or treason; this disqualification can be waived if such an individual gains the consent of two-thirds of both houses of Congress. In addition,

17028-474: The Supreme Court dismissed a case brought by a former Union spy. However, the privilege was not formally recognized by the U.S. Supreme Court until United States v. Reynolds 345 U.S. 1 (1953), where it was held to be a common law evidentiary privilege. Before the September 11 attacks , use of the privilege had been rare, but increasing in frequency. Since 2001, the government has asserted

17226-487: The Twelfth Amendment establishes that the vice-president must meet all the qualifications of being a president. Although not a mandatory requirement, Federal campaign finance laws including the Federal Election Campaign Act state that a candidate who intends to receive contributions aggregating in excess of $ 5,000 or make expenditures aggregating in excess of $ 5,000, among others, must first file

17424-404: The Twelfth Amendment establishes that the vice-president must meet all the qualifications of being a president. Although not a mandatory requirement, Federal campaign finance laws including the Federal Election Campaign Act state that a candidate who intends to receive contributions aggregating in excess of $ 5,000 or make expenditures aggregating in excess of $ 5,000, among others, must first file

17622-464: The Twelfth Amendment, the House must choose the president out of the top three people in the election. Clay had come in fourth, so he threw his support to Adams, who then won. Because Adams later named Clay his Secretary of State, Jackson's supporters claimed that Adams gained the presidency by making a deal with Clay. Charges of a "corrupt bargain" followed Adams through his term. In five presidential elections ( 1824 , 1876 , 1888 , 2000 , and 2016 ),

17820-464: The Twelfth Amendment, the House must choose the president out of the top three people in the election. Clay had come in fourth, so he threw his support to Adams, who then won. Because Adams later named Clay his Secretary of State, Jackson's supporters claimed that Adams gained the presidency by making a deal with Clay. Charges of a "corrupt bargain" followed Adams through his term. In five presidential elections ( 1824 , 1876 , 1888 , 2000 , and 2016 ),

18018-515: The Twenty-third Amendment, ratified in 1961) Washington, D.C., casts the same number of electoral votes as the least-represented state, which is three. Also under Clause   2, the manner for choosing electors is determined by each state legislature , not directly by the federal government. Many state legislatures previously selected their electors directly, but over time all switched to using votes cast by state voters to choose

18216-589: The United States [REDACTED] [REDACTED] The president of the United States ( POTUS ) is the head of state and head of government of the United States of America . The president directs the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces . The power of the presidency has grown substantially since the first president, George Washington , took office in 1789. While presidential power has ebbed and flowed over time,

18414-456: The United States . The Electoral College and its procedure are established in the U.S. Constitution by Article II, Section 1, Clauses 2 and 4 ; and the Twelfth Amendment (which replaced Clause   3 after its ratification in 1804). Under Clause   2, each state casts as many electoral votes as the total number of its Senators and Representatives in Congress , while (per the Twenty-third Amendment, ratified in 1961) Washington, D.C., casts

18612-483: The United States and other countries. Such agreements, upon receiving the advice and consent of the U.S. Senate (by a two-thirds majority vote), become binding with the force of federal law. While foreign affairs has always been a significant element of presidential responsibilities, advances in technology since the Constitution's adoption have increased presidential power. Where formerly ambassadors were vested with significant power to independently negotiate on behalf of

18810-578: The United States becoming the world's undisputed leading power, Bill Clinton , George W. Bush , and Barack Obama each served two terms as president. Meanwhile, Congress and the nation gradually became more politically polarized, especially following the 1994 mid-term elections that saw Republicans control the House for the first time in 40 years, and the rise of routine filibusters in the Senate in recent decades. Recent presidents have thus increasingly focused on executive orders , agency regulations, and judicial appointments to implement major policies, at

19008-423: The United States, presidents now routinely meet directly with leaders of foreign countries. One of the most important of executive powers is the president's role as commander-in-chief of the United States Armed Forces . The power to declare war is constitutionally vested in Congress, but the president has ultimate responsibility for the direction and disposition of the military. The exact degree of authority that

19206-538: The White House". Presidents have been criticized for making signing statements when signing congressional legislation about how they understand a bill or plan to execute it. This practice has been criticized by the American Bar Association as unconstitutional. Conservative commentator George Will wrote of an "increasingly swollen executive branch" and "the eclipse of Congress". To allow

19404-417: The age and residency requirements by Inauguration Day . The Twenty-second Amendment to the Constitution also sets a term limit : a president cannot be elected to more than two terms. The U.S. Constitution also has two provisions that apply to all federal officers appointed by the president, and debatably also to the presidency. When Senator Barack Obama was elected president a legal debate concluded that

19602-416: The age and residency requirements by Inauguration Day . The Twenty-second Amendment to the Constitution also sets a term limit : a president cannot be elected to more than two terms. The U.S. Constitution also has two provisions that apply to all federal officers appointed by the president, and debatably also to the presidency. When Senator Barack Obama was elected president a legal debate concluded that

19800-399: The basic constitutional definition), and the specific details of running each state's electoral college meeting. All elections, including federal, are administered by the individual states. Thus, the presidential election is really an amalgamation of separate state elections instead of a single national election run by the federal government. Candidates must submit separate filings in each of

19998-464: The basic constitutional definition), and the specific details of running each state's electoral college meeting. All elections, including federal, are administered by the individual states. Thus, the presidential election is really an amalgamation of separate state elections instead of a single national election run by the federal government. Candidates must submit separate filings in each of the 50 states if they want to qualify on each state's ballot, and

20196-430: The contested swing states critical to winning an electoral college majority, so they do not try to maximize their popular vote by real or fraudulent vote increases in one-party areas. However, candidates have failed to get the most votes in the nationwide popular vote in a presidential election and still won. In the 1824 election, Jackson won the popular vote, but no one received a majority of electoral votes. According to

20394-429: The contested swing states critical to winning an electoral college majority, so they do not try to maximize their popular vote by real or fraudulent vote increases in one-party areas. However, candidates have failed to get the most votes in the nationwide popular vote in a presidential election and still won. In the 1824 election, Jackson won the popular vote, but no one received a majority of electoral votes. According to

20592-552: The death of William Henry Harrison and subsequent poor relations between John Tyler and Congress led to further weakening of the office. Including Van Buren, in the 24 years between 1837 and 1861, six presidential terms would be filled by eight different men, with none serving two terms. The Senate played an important role during this period, with the Great Triumvirate of Henry Clay , Daniel Webster , and John C. Calhoun playing key roles in shaping national policy in

20790-457: The deposed British system of Crown and Parliament ought to have functioned with respect to the royal dominion : a superintending body for matters that concerned the entire empire. The states were out from under any monarchy and assigned some formerly royal prerogatives (e.g., making war, receiving ambassadors, etc.) to Congress; the remaining prerogatives were lodged within their own respective state governments. The members of Congress elected

20988-468: The election (almost 21 months before Inauguration Day). Article Two of the Constitution originally established the method of presidential elections, including the creation of the Electoral College , the result of a compromise between those constitutional framers who wanted the Congress to choose the president, and those who preferred a national popular vote. As set forth in Article Two, each state

21186-406: The election (almost 21 months before Inauguration Day). Article Two of the Constitution originally established the method of presidential elections, including the creation of the Electoral College , the result of a compromise between those constitutional framers who wanted the Congress to choose the president, and those who preferred a national popular vote. As set forth in Article Two, each state

21384-461: The executive branch may draft legislation and then ask senators or representatives to introduce these drafts into Congress. Additionally, the president may attempt to have Congress alter proposed legislation by threatening to veto that legislation unless requested changes are made. Many laws enacted by Congress do not address every possible detail, and either explicitly or implicitly delegate powers of implementation to an appropriate federal agency. As

21582-407: The expense of legislation and congressional power. Presidential elections in the 21st century have reflected this continuing polarization, with no candidate except Obama in 2008 winning by more than five percent of the popular vote and two, George W. Bush and Donald Trump , winning in the Electoral College while losing the popular vote. The nation's Founding Fathers expected the Congress , which

21780-412: The feasibility of them actually running. The U.S. presidential election process, like all other elections in the United States , is a highly decentralized system. While the U.S. Constitution does set parameters for the election of the president and other federal officials, state law, not federal, regulates most aspects of elections in the U.S., including the primaries, the eligibility of voters (beyond

21978-411: The feasibility of them actually running. The U.S. presidential election process, like all other elections in the United States , is a highly decentralized system. While the U.S. Constitution does set parameters for the election of the president and other federal officials, state law, not federal, regulates most aspects of elections in the U.S., including the primaries, the eligibility of voters (beyond

22176-501: The federal election, with Iowa and New Hampshire traditionally holding the first presidential state caucus and primary, respectively. Like the general election, presidential caucuses or primaries are indirect elections. The major political parties officially vote for their presidential candidate at their respective nominating conventions, usually all held in the summer before the federal election. Depending on each state's law and state's political party rules, when voters cast ballots for

22374-504: The federal government by issuing various types of directives , such as presidential proclamation and executive orders . When the president is lawfully exercising one of the constitutionally conferred presidential responsibilities, the scope of this power is broad. Even so, these directives are subject to judicial review by U.S. federal courts, which can find them to be unconstitutional. Congress can overturn an executive order through legislation. Article II, Section 3, Clause 4 requires

22572-475: The finances. The most expensive form of advertising is running ads on broadcast television and is the best way to reach the largest number of potential voters. This tactic does have its drawback, however, as it is the most expensive form of advertisement. Even though it reaches the largest number of potential voters it is not the most effective way of swaying voters. The most effective way is believed to be through personal contact as many political scientists agree. It

22770-475: The finances. The most expensive form of advertising is running ads on broadcast television and is the best way to reach the largest number of potential voters. This tactic does have its drawback, however, as it is the most expensive form of advertisement. Even though it reaches the largest number of potential voters it is not the most effective way of swaying voters. The most effective way is believed to be through personal contact as many political scientists agree. It

22968-425: The first Tuesday after the first Monday in November. This date coincides with the general elections of various other federal, state, and local races; since local governments are responsible for managing elections, these races typically all appear on one ballot. The Electoral College electors then formally cast their electoral votes on the first Monday after December 12 at their state's capital. Congress then certifies

23166-422: The first Tuesday after the first Monday in November. This date coincides with the general elections of various other federal, state, and local races; since local governments are responsible for managing elections, these races typically all appear on one ballot. The Electoral College electors then formally cast their electoral votes on the first Monday after December 12 at their state's capital. Congress then certifies

23364-539: The first U.S. president, firmly established military subordination under civilian authority . In 1794, Washington used his constitutional powers to assemble 12,000 militia to quell the Whiskey Rebellion , a conflict in Western Pennsylvania involving armed farmers and distillers who refused to pay an excise tax on spirits. According to historian Joseph Ellis , this was the "first and only time

23562-493: The first state to establish a presidential preference primary, which requires delegates to the National Convention to support the winner of the primary at the convention. The impetus for national adoption of the binding primary election was the 1968 Democratic National Convention . Vice President Hubert Humphrey secured the presidential nomination despite not winning a single primary under his own name. After this,

23760-422: The first state to establish a presidential preference primary, which requires delegates to the National Convention to support the winner of the primary at the convention. The impetus for national adoption of the binding primary election was the 1968 Democratic National Convention . Vice President Hubert Humphrey secured the presidential nomination despite not winning a single primary under his own name. After this,

23958-536: The first truly contested presidential election. After Jefferson defeated Adams in 1800, he and his fellow Virginians James Madison and James Monroe would each serve two terms, eventually dominating the nation's politics during the Era of Good Feelings until Adams' son John Quincy Adams won election in 1824 after the Democratic-Republican Party split. The election of Andrew Jackson in 1828

24156-416: The general election in November, while the nominating conventions are held in the summer. Though not codified by law, political parties also follow an indirect election process, where voters in the fifty states, Washington, D.C., and U.S. territories , cast ballots for a slate of delegates to a political party's nominating convention, who then elect their party's presidential nominee. Each party may then choose

24354-416: The general election in November, while the nominating conventions are held in the summer. Though not codified by law, political parties also follow an indirect election process, where voters in the fifty states, Washington, D.C., and U.S. territories , cast ballots for a slate of delegates to a political party's nominating convention, who then elect their party's presidential nominee. Each party may then choose

24552-492: The general election, voters in the U.S. territories can also elect delegates to the national conventions. Furthermore, each political party can determine how many delegates to allocate to each state and territory. In 2012 for example, the Democratic and Republican party conventions each used two different formulas to allocate delegates. The Democrats-based theirs on two main factors: the proportion of votes each state gave to

24750-417: The government to act quickly in case of a major domestic or international crisis arising when Congress is not in session, the president is empowered by Article II, Section   3 of the Constitution to call a special session of one or both houses of Congress. Since John Adams first did so in 1797, the president has called the full Congress to convene for a special session on 27 occasions. Harry S. Truman

24948-661: The growing federal bureaucracy, presidents have gradually surrounded themselves with many layers of staff, who were eventually organized into the Executive Office of the President of the United States . Within the Executive Office, the president's innermost layer of aides, and their assistants, are located in the White House Office . The president also possesses the power to manage operations of

25146-474: The head of the executive branch, presidents control a vast array of agencies that can issue regulations with little oversight from Congress. In the 20th century, critics charged that too many legislative and budgetary powers that should have belonged to Congress had slid into the hands of presidents. One critic charged that presidents could appoint a "virtual army of 'czars'—each wholly unaccountable to Congress yet tasked with spearheading major policy efforts for

25344-459: The highest number of votes (provided it was a majority of the electoral votes) became the president, and the second-place candidate became the vice president. This presented a problem during the presidential election of 1800 when Aaron Burr received the same number of electoral votes as Thomas Jefferson and challenged Jefferson's election to the office. In the end, Jefferson was chosen as the president because of Alexander Hamilton 's influence in

25542-459: The highest number of votes (provided it was a majority of the electoral votes) became the president, and the second-place candidate became the vice president. This presented a problem during the presidential election of 1800 when Aaron Burr received the same number of electoral votes as Thomas Jefferson and challenged Jefferson's election to the office. In the end, Jefferson was chosen as the president because of Alexander Hamilton 's influence in

25740-448: The ideal base strategy, it is now time to allocate resources properly to make sure your strategy is fulfilled to its extent, (Sides et al. pg. 126, para 4, and pg. 127, para 1). Campaign tactics are also an essential part of any strategy and rely mostly on the campaign's resources and the way they use them to advertise. Most candidates draw on a wide variety of tactics in the hopes to flood all forms of media, though they do not always have

25938-447: The ideal base strategy, it is now time to allocate resources properly to make sure your strategy is fulfilled to its extent, (Sides et al. pg. 126, para 4, and pg. 127, para 1). Campaign tactics are also an essential part of any strategy and rely mostly on the campaign's resources and the way they use them to advertise. Most candidates draw on a wide variety of tactics in the hopes to flood all forms of media, though they do not always have

26136-502: The ideas may differ the goal of them all are the same, "...to mobilize supporters and persuade undecided voters..." (Sides et al., pg. 126 para, 2). The goal of any campaign strategy is to create an effective path to victory for the intended candidate. Joel Bradshaw is a political scientist who has four propositions necessary to develop such a strategy. The first one being, the separation of the eligible voters into three groups: Undecided voters, opponent voters, and your voting base. Second,

26334-501: The ideas may differ the goal of them all are the same, "...to mobilize supporters and persuade undecided voters..." (Sides et al., pg. 126 para, 2). The goal of any campaign strategy is to create an effective path to victory for the intended candidate. Joel Bradshaw is a political scientist who has four propositions necessary to develop such a strategy. The first one being, the separation of the eligible voters into three groups: Undecided voters, opponent voters, and your voting base. Second,

26532-417: The late 20th century both the Democratic and Republican parties have favored sports arenas and domed stadiums to accommodate the increasing attendance. One major component of getting elected to any office is running a successful campaign. There are, however, multiple ways to go about creating a successful campaign. Several strategies are employed by candidates from both sides of the political spectrum. Though

26730-417: The late 20th century both the Democratic and Republican parties have favored sports arenas and domed stadiums to accommodate the increasing attendance. One major component of getting elected to any office is running a successful campaign. There are, however, multiple ways to go about creating a successful campaign. Several strategies are employed by candidates from both sides of the political spectrum. Though

26928-466: The leader of the nation with the largest economy by nominal GDP , the president possesses significant domestic and international hard and soft power . For much of the 20th century, especially during the Cold War , the U.S. president was often called "the leader of the free world". Article II of the Constitution establishes the executive branch of the federal government and vests executive power in

27126-495: The legislature of each state determines how its electors are chosen; Article   II, Section   1, Clause   2 states that each state shall appoint electors "in such Manner as the Legislature Thereof May Direct". During the first presidential election in 1789 , in four of the 11 states of the time, the electors were elected directly by voters. In two others, a hybrid system was used where both

27324-409: The legislature of each state determines how its electors are chosen; Article   II, Section   1, Clause   2 states that each state shall appoint electors "in such Manner as the Legislature Thereof May Direct". During the first presidential election in 1789 , in four of the 11 states of the time, the electors were elected directly by voters. In two others, a hybrid system was used where both

27522-422: The legislature to a single term only, sharing power with an executive council, and countered by a strong legislature. New York offered the greatest exception, having a strong, unitary governor with veto and appointment power elected to a three-year term, and eligible for reelection to an indefinite number of terms thereafter. It was through the closed-door negotiations at Philadelphia that the presidency framed in

27720-445: The national convention was far from democratic or transparent. Progressive Era reformers then looked to the primary election as a way to measure popular opinion of candidates, as opposed to the opinion of the bosses. Florida enacted the first presidential primary in 1901. The Wisconsin direct open primary of 1905 was the first to eliminate the caucus and mandate direct selection of national convention delegates. In 1910, Oregon became

27918-445: The national convention was far from democratic or transparent. Progressive Era reformers then looked to the primary election as a way to measure popular opinion of candidates, as opposed to the opinion of the bosses. Florida enacted the first presidential primary in 1901. The Wisconsin direct open primary of 1905 was the first to eliminate the caucus and mandate direct selection of national convention delegates. In 1910, Oregon became

28116-428: The national conventions. Furthermore, each political party can determine how many delegates to allocate to each state and territory. In 2012 for example, the Democratic and Republican party conventions each used two different formulas to allocate delegates. The Democrats-based theirs on two main factors: the proportion of votes each state gave to the Democratic candidate in the previous three presidential elections, and

28314-486: The nationwide popular vote does not directly determine the winner of a presidential election, it does strongly correlate with who is the victor. In 54 of the 59 total elections held so far (about 91 percent), the winner of the national popular vote has also carried the Electoral College vote. The winners of the nationwide popular vote and the Electoral College vote have differed only in close elections. In highly competitive elections, candidates focus on turning out their vote in

28512-486: The nationwide popular vote does not directly determine the winner of a presidential election, it does strongly correlate with who is the victor. In 54 of the 59 total elections held so far (about 91 percent), the winner of the national popular vote has also carried the Electoral College vote. The winners of the nationwide popular vote and the Electoral College vote have differed only in close elections. In highly competitive elections, candidates focus on turning out their vote in

28710-445: The number of electoral votes each state had in the Electoral College. In contrast, the Republicans assigned to each state 10 delegates, plus three delegates per congressional district. Both parties then gave a fixed number of delegates to each territory, and finally bonus delegates to states and territories that passed certain criteria. Along with delegates chosen during primaries and caucuses, state and U.S. territory delegations to both

28908-512: The office as a position of global leadership. His successors, Harry Truman and Dwight D. Eisenhower , each served two terms as the Cold War led the presidency to be viewed as the " leader of the free world ", while John F. Kennedy was a youthful and popular leader who benefited from the rise of television in the 1960s. After Lyndon B. Johnson lost popular support due to the Vietnam War and Richard Nixon 's presidency collapsed in

29106-423: The original.] In the modern era, pursuant to the War Powers Resolution , Congress must authorize any troop deployments longer than 60 days, although that process relies on triggering mechanisms that have never been employed, rendering it ineffectual. Additionally, Congress provides a check to presidential military power through its control over military spending and regulation. Presidents have historically initiated

29304-429: The parameters set in the U.S. Constitution, state law, not federal, regulates most aspects of administering the popular vote, including most of the voter eligibility and registration requirements. Almost all states edict the winner of the plurality of its constituent statewide popular vote ('one person, one vote') shall receive all of that state's electors ("winner-takes-all'). A couple - Nebraska and Maine - determine

29502-412: The presidency has played an increasingly significant role in American political life since the beginning of the 20th century, carrying over into the 21st century with notable expansions during the presidencies of Franklin D. Roosevelt and George W. Bush . In modern times, the president is one of the world's most powerful political figures and the leader of the world's only remaining superpower . As

29700-524: The president (and all other executive branch officers) from simultaneously being a member of Congress. Nevertheless, the modern presidency exerts significant power over legislation, both due to constitutional provisions and historical developments over time. The president's most significant legislative power derives from the Presentment Clause , which gives the president the power to veto any bill passed by Congress . While Congress can override

29898-406: The president believes are needed. Additionally, the president can attempt to shape legislation during the legislative process by exerting influence on individual members of Congress. Presidents possess this power because the Constitution is silent about who can write legislation, but the power is limited because only members of Congress can introduce legislation. The president or other officials of

30096-461: The president in the performance of executive duties. George Washington first claimed the privilege when Congress requested to see Chief Justice John Jay 's notes from an unpopular treaty negotiation with Great Britain . While not enshrined in the Constitution or any other law, Washington's action created the precedent for the privilege. When Nixon tried to use executive privilege as a reason for not turning over subpoenaed evidence to Congress during

30294-504: The president is authorized to adjourn Congress if the House and Senate cannot agree on the time of adjournment; no president has ever had to exercise this power. Suffice it to say that the President is made the sole repository of the executive powers of the United States, and the powers entrusted to him as well as the duties imposed upon him are awesome indeed. Nixon v. General Services Administration , 433 U.S. 425 (1977) ( Rehnquist, J. , dissenting ) The president

30492-422: The president personally has absolute immunity from court cases is contested and has been the subject of several Supreme Court decisions. Nixon v. Fitzgerald (1982) dismissed a civil lawsuit against by-then former president Richard Nixon based on his official actions. Clinton v. Jones (1997) decided that a president has no immunity against civil suits for actions taken before becoming president and ruled that

30690-505: The president to "receive Ambassadors." This clause, known as the Reception Clause, has been interpreted to imply that the president possesses broad power over matters of foreign policy, and to provide support for the president's exclusive authority to grant recognition to a foreign government. The Constitution also empowers the president to appoint United States ambassadors, and to propose and chiefly negotiate agreements between

30888-516: The president to recommend such measures to Congress which the president deems "necessary and expedient". This is done through the constitutionally-based State of the Union address, which usually outlines the president's legislative proposals for the coming year, and through other formal and informal communications with Congress. The president can be involved in crafting legislation by suggesting, requesting, or even insisting that Congress enact laws that

31086-420: The president was not an "office under the United States" for many reasons, but most significantly because Article I, Section 3, Clause 7 would violate the legal principle of surplusage if the president were also a civil officer. There exists no case law to resolve the debate however public opinion seems to favor that the presidency is also bound by the following qualifications: Upon conviction at impeachment,

31284-419: The president was not an "office under the United States" for many reasons, but most significantly because Article I, Section 3, Clause 7 would violate the legal principle of surplusage if the president were also a civil officer. There exists no case law to resolve the debate however public opinion seems to favor that the presidency is also bound by the following qualifications: Upon conviction at impeachment,

31482-494: The president's veto power with the Line Item Veto Act . The legislation empowered the president to sign any spending bill into law while simultaneously striking certain spending items within the bill, particularly any new spending, any amount of discretionary spending, or any new limited tax benefit. Congress could then repass that particular item. If the president then vetoed the new legislation, Congress could override

31680-508: The president. The state secrets privilege allows the president and the executive branch to withhold information or documents from discovery in legal proceedings if such release would harm national security . Precedent for the privilege arose early in the 19th century when Thomas Jefferson refused to release military documents in the treason trial of Aaron Burr and again in Totten v. United States 92 U.S. 105 (1876), when

31878-493: The president. The power includes the execution and enforcement of federal law and the responsibility to appoint federal executive, diplomatic, regulatory, and judicial officers. Based on constitutional provisions empowering the president to appoint and receive ambassadors and conclude treaties with foreign powers, and on subsequent laws enacted by Congress, the modern presidency has primary responsibility for conducting U.S. foreign policy. The role includes responsibility for directing

32076-404: The previous thirty years worked towards "undivided presidential control of the executive branch and its agencies". She criticized proponents of the unitary executive theory for expanding "the many existing uncheckable executive powers—such as executive orders, decrees, memorandums, proclamations, national security directives and legislative signing statements—that already allow presidents to enact

32274-424: The privilege also could not be used in civil suits. These cases established the legal precedent that executive privilege is valid, although the exact extent of the privilege has yet to be clearly defined. Additionally, federal courts have allowed this privilege to radiate outward and protect other executive branch employees but have weakened that protection for those executive branch communications that do not involve

32472-515: The privilege in more cases and at earlier stages of the litigation, thus in some instances causing dismissal of the suits before reaching the merits of the claims, as in the Ninth Circuit 's ruling in Mohamed v. Jeppesen Dataplan, Inc. Critics of the privilege claim its use has become a tool for the government to cover up illegal or embarrassing government actions. The degree to which

32670-500: The process for going to war, but critics have charged that there have been several conflicts in which presidents did not get official declarations, including Theodore Roosevelt 's military move into Panama in 1903, the Korean War , the Vietnam War , and the invasions of Grenada in 1983 and Panama in 1989. The amount of military detail handled personally by the president in wartime has varied greatly. George Washington,

32868-476: The requirements for filing vary by state. The eligibility of an individual for voting is set out in the Constitution and regulated at state level. The 15th , 19th and 26th Amendments to the Constitution state that suffrage cannot be denied on grounds of race or color, sex, or age for citizens eighteen years or older, respectively. Beyond these basic qualifications, it is the responsibility of state legislatures to regulate voter eligibility and registration. And

33066-458: The results in early January, and the presidential term begins on Inauguration Day , which since the passage of the Twentieth Amendment has been set at January 20. The nomination process, consisting of the primary elections and caucuses and the nominating conventions , was not specified in the Constitution, but was developed over time by the states and political parties . These primary elections are generally held between January and June before

33264-458: The results in early January, and the presidential term begins on Inauguration Day , which since the passage of the Twentieth Amendment has been set at January 20. The nomination process, consisting of the primary elections and caucuses and the nominating conventions , was not specified in the Constitution, but was developed over time by the states and political parties . These primary elections are generally held between January and June before

33462-534: The same ticket , and this choice is rubber-stamped by the convention. If no single candidate has secured a majority of delegates (including both pledged and unpledged), then a " brokered convention " results. All pledged delegates are then "released" and can switch their allegiance to a different candidate. Thereafter, the nomination is decided through a process of alternating political horse trading , and additional rounds of re-votes. The conventions have historically been held inside convention centers , but since

33660-530: The same ticket , and this choice is rubber-stamped by the convention. If no single candidate has secured a majority of delegates (including both pledged and unpledged), then a " brokered convention " results. All pledged delegates are then "released" and can switch their allegiance to a different candidate. Thereafter, the nomination is decided through a process of alternating political horse trading , and additional rounds of re-votes. The conventions have historically been held inside convention centers , but since

33858-434: The same number of electoral votes as the least-represented state, which is three. Also under Clause   2, the manner for choosing electors is determined by each state legislature , not directly by the federal government. Many state legislatures previously selected their electors directly, but over time all switched to using votes cast by state voters to choose the state's members of the electoral college (electors). Beyond

34056-493: The size and scope of the federal government, including more executive agencies. The traditionally small presidential staff was greatly expanded, with the Executive Office of the President being created in 1939, none of whom require Senate confirmation. Roosevelt's unprecedented re-election to a third and fourth term, the victory of the United States in World War II , and the nation's growing economy all helped established

34254-418: The specific requirements for voter eligibility and registration also vary by state, e.g. some states ban convicted felons from voting. The modern nominating process of U.S. presidential elections consists of two major parts: a series of presidential primary elections and caucuses held in each state, and the presidential nominating conventions held by each political party . This process was never included in

34452-490: The state legislature - all the states had switched to the general ticket method, Colorado having been the last hold-out. And today only two states - Maine and Nebraska - elect at least some of their electors through a different method than that general ticket method, in their cases it is First-past-the-post voting in districts covering part of the state. Under the original system established by Article Two, electors cast votes for two candidates for president. The candidate with

34650-489: The state legislature - all the states had switched to the general ticket method, Colorado having been the last hold-out. And today only two states - Maine and Nebraska - elect at least some of their electors through a different method than that general ticket method, in their cases it is First-past-the-post voting in districts covering part of the state. Under the original system established by Article Two, electors cast votes for two candidates for president. The candidate with

34848-495: The state's members of the electoral college (electors). Beyond the parameters set in the U.S. Constitution, state law, not federal, regulates most aspects of administering the popular vote, including most of the voter eligibility and registration requirements. Almost all states edict the winner of the plurality of its constituent statewide popular vote ('one person, one vote') shall receive all of that state's electors ("winner-takes-all'). A couple - Nebraska and Maine - determine

35046-457: The summer before the federal election. Depending on each state's law and state's political party rules, when voters cast ballots for a candidate in a presidential caucus or primary, they may be voting to award delegates "bound" to vote for a candidate at the presidential nominating conventions, or they may simply be expressing an opinion that the state party is not bound to follow in selecting delegates to their respective national convention. Unlike

35244-459: The time, the winner as determined by the electoral college also has received the largest part of the national popular vote. There have been four exceptions: 1876 , 1888 , 2000 , and 2016 , in which the Electoral College winner's portion of the popular vote was surpassed by an opponent. Although taking fewer votes, the winner claimed more electoral college seats, due to winning close and narrow pluralities in numerous swing states . In addition,

35442-459: The time, the winner as determined by the electoral college also has received the largest part of the national popular vote. There have been four exceptions: 1876 , 1888 , 2000 , and 2016 , in which the Electoral College winner's portion of the popular vote was surpassed by an opponent. Although taking fewer votes, the winner claimed more electoral college seats, due to winning close and narrow pluralities in numerous swing states . In addition,

35640-622: The tradition of throwing out the ceremonial first pitch in 1910 at Griffith Stadium , Washington, D.C., on the Washington Senators's Opening Day . Every president since Taft, except for Jimmy Carter , threw out at least one ceremonial first ball or pitch for Opening Day, the All-Star Game , or the World Series , usually with much fanfare. Every president since Theodore Roosevelt has served as honorary president of

35838-407: The veto by its ordinary means, a two-thirds vote in both houses. In Clinton v. City of New York , 524 U.S. 417 (1998), the U.S. Supreme Court ruled such a legislative alteration of the veto power to be unconstitutional. For most of American history, candidates for president have sought election on the basis of a promised legislative agenda. Article II, Section 3, Clause 2 requires

36036-528: The veto should only be used in cases where a bill was unconstitutional, it is now routinely used in cases where presidents have policy disagreements with a bill. The veto – or threat of a veto – has thus evolved to make the modern presidency a central part of the American legislative process. Specifically, under the Presentment Clause, once a bill has been presented by Congress, the president has three options: In 1996, Congress attempted to enhance

36234-446: The voters and the state legislatures took part in electing the electors. In five, the state legislatures themselves elected the electors. Gradually more states began conducting popular elections to choose their slate of electors. In 1800, five of the 16 states chose electors by a popular vote; by 1824, after the rise of Jacksonian democracy , 18 of the 24 states chose electors by popular vote. (In most cases simple state-wide plurality

36432-443: The voters and the state legislatures took part in electing the electors. In five, the state legislatures themselves elected the electors. Gradually more states began conducting popular elections to choose their slate of electors. In 1800, five of the 16 states chose electors by a popular vote; by 1824, after the rise of Jacksonian democracy , 18 of the 24 states chose electors by popular vote. (In most cases simple state-wide plurality

36630-537: The winner of the electoral vote lost the popular vote outright. Numerous constitutional amendments have been submitted seeking to replace the Electoral College with a direct popular vote, but none has ever successfully passed both Houses of Congress. Another alternate proposal is the National Popular Vote Interstate Compact , an interstate compact whereby individual participating states agree to allocate their electors based on

36828-437: The winner of the electoral vote lost the popular vote outright. Numerous constitutional amendments have been submitted seeking to replace the Electoral College with a direct popular vote, but none has ever successfully passed both Houses of Congress. Another alternate proposal is the National Popular Vote Interstate Compact , an interstate compact whereby individual participating states agree to allocate their electors based on

37026-618: The winner of the national popular vote instead of just their respective statewide results. The presidential election day was established on a Tuesday in November because of the factors involved (weather, harvests and worship). When voters used to travel to the polls by horse, Tuesday was an ideal day because it allowed people to worship on Sunday, ride to their county seat on Monday, and vote on Tuesday—all before market day, Wednesday. November also fits nicely between harvest time and harsh winter weather, which could be especially challenging for people traveling by horse and buggy . Congress passed

37224-617: The winner of the national popular vote instead of just their respective statewide results. The presidential election day was established on a Tuesday in November because of the factors involved (weather, harvests and worship). When voters used to travel to the polls by horse, Tuesday was an ideal day because it allowed people to worship on Sunday, ride to their county seat on Monday, and vote on Tuesday—all before market day, Wednesday. November also fits nicely between harvest time and harsh winter weather, which could be especially challenging for people traveling by horse and buggy . Congress passed

37422-408: The world (operating under either the presidential system or the semi-presidential system ) which use direct elections from the national popular vote ('one person, one vote') of their entire countries to elect their respective presidents. The United States instead uses indirect elections for its president through the Electoral College, and the system is highly decentralized like other elections in

37620-449: The world's most expensive military , which has the second-largest nuclear arsenal . The president also plays a leading role in federal legislation and domestic policymaking. As part of the system of separation of powers , Article I, Section   7 of the Constitution gives the president the power to sign or veto federal legislation. Since modern presidents are typically viewed as leaders of their political parties, major policymaking

37818-569: Was a significant milestone, as Jackson was not part of the Virginia and Massachusetts elite that had held the presidency for its first 40 years. Jacksonian democracy sought to strengthen the presidency at the expense of Congress, while broadening public participation as the nation rapidly expanded westward. However, his successor, Martin Van Buren , became unpopular after the Panic of 1837 , and

38016-517: Was available as a remedy. As of October 2019, a case was pending in the federal courts regarding access to personal tax returns in a criminal case brought against Donald Trump by the New York County District Attorney alleging violations of New York state law. As head of state , the president represents the United States government to its own people and represents the nation to the rest of the world. For example, during

38214-629: Was made in the Declaration of Independence , which was written predominantly by Thomas Jefferson and adopted unanimously on July 4, 1776, by the Second Continental Congress. Recognizing the necessity of closely coordinating their efforts against the British , the Continental Congress simultaneously began the process of drafting a constitution that would bind the states together. There were long debates on

38412-539: Was nearly removed from office, with Congress remaining powerful during the two-term presidency of Civil War general Ulysses S. Grant . After the end of Reconstruction , Grover Cleveland would eventually become the first Democratic president elected since before the war, running in three consecutive elections (1884, 1888, 1892) and winning twice. In 1900, William McKinley became the first incumbent to win re-election since Grant in 1872. After McKinley's assassination by Leon Czolgosz in 1901, Theodore Roosevelt became

38610-541: Was that many more future delegates would be selected by a state presidential primary. The Republicans also adopted many more state presidential primaries. Article Two of the Constitution stipulates that for a person to serve as president, the individual must be a natural-born citizen of the United States , at least 35 years old, and a resident of the United States for a period of no less than 14 years. A candidate may start running their campaign early before turning 35 years old or completing 14 years of residency, but must meet

38808-541: Was that many more future delegates would be selected by a state presidential primary. The Republicans also adopted many more state presidential primaries. Article Two of the Constitution stipulates that for a person to serve as president, the individual must be a natural-born citizen of the United States , at least 35 years old, and a resident of the United States for a period of no less than 14 years. A candidate may start running their campaign early before turning 35 years old or completing 14 years of residency, but must meet

39006-489: Was the first branch of government described in the Constitution , to be the dominant branch of government; however, they did not expect a strong executive department. However, presidential power has shifted over time, which has resulted in claims that the modern presidency has become too powerful, unchecked, unbalanced, and "monarchist" in nature. In 2008 professor Dana D. Nelson expressed belief that presidents over

39204-682: Was the most recent to do so in July 1948, known as the Turnip Day Session . In addition, prior to ratification of the Twentieth Amendment in 1933, which brought forward the date on which Congress convenes from December to January, newly inaugurated presidents would routinely call the Senate to meet to confirm nominations or ratify treaties. In practice, the power has fallen into disuse in the modern era as Congress now formally remains in session year-round, convening pro forma sessions every three days even when ostensibly in recess. Correspondingly,

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