Omar Bennett
The presidential system of government is one of the most common and popular forms of government in the world. It is a form of democracy that is based on the separation and sharing of powers among three independent and coordinate branches of government: legislative, executive, and judicial. The presidential system was first developed in the United States during the Constitutional Convention in 1787, and it has since been adopted by several other countries, with some modifications. This system of government is characterized by a strong and independent chief executive, typically called the president, who derives their authority and legitimacy from a source separate from the legislative branch. The president is often both the head of state and the head of government, and they are elected directly or indirectly by the citizens. In contrast, the parliamentary system, which is the other basic model of democratic government, places more power in the legislature, which can dismiss the head of government (usually called a prime minister) with a simple majority.
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What You'll Learn
Both are elected by the Electoral College
The US Constitution, in Article II, outlines the process of electing the President of the United States. The Twelfth Amendment, in particular, addresses the role of the Electoral College in selecting the President and Vice President. The Electoral College, as per the original Constitution, is a fundamental mechanism for electing the President.
The process involves each state appointing electors, equal in number to its Senators and Representatives in Congress. These electors then cast their votes for two individuals, at least one of whom must be from another state. The person with the highest number of votes becomes President, provided they have a majority of electoral votes. If no candidate achieves a majority, the House of Representatives selects the President from the three candidates with the highest electoral votes.
The Vice President is typically the person with the second-highest number of electoral votes. However, if there is a tie for the second-highest vote-getter, the Senate chooses the Vice President through a ballot. The Twelfth Amendment also addresses the scenario where the House of Representatives fails to elect a President by the designated date. In such a case, the Vice President assumes the responsibilities of the President until a decision is made.
The Electoral College system has been a subject of debate, with supporters arguing for its constitutional significance and its ability to resolve ties and deadlocks. Opponents, however, favour a popular vote system, believing it to be more democratic and accessible to voters.
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The President must be a natural-born citizen
The requirement that the President must be a natural-born citizen is a common feature of many constitutions around the world. This requirement is often included to protect the nation from foreign influence and ambitious foreigners seeking the office. While the specific definition of "natural-born citizen" may vary between countries, it generally refers to someone who is a citizen by birth or who has resided in the country for an extended period.
In the United States, the Constitution's Article II, Section 1, Clause 5, also known as the Qualifications Clause, explicitly states that only a "natural-born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution" is eligible for the presidency. This clause sets a clear requirement for presidential candidates, ensuring they have a strong connection to the country. The exact meaning of "natural-born Citizen" has been the subject of legal debates, with early 21st-century scholars and case law suggesting it includes those born in the United States and those who meet legal requirements for birthright citizenship.
The natural-born citizen clause has been a topic of discussion in various United States Supreme Court decisions, although the Court has never directly addressed a candidate's eligibility based on this criterion. Lower courts have dismissed several eligibility lawsuits due to the challengers' inability to show legal standing. The precise meaning of the clause may ultimately be decided by Congress rather than the judicial branch.
The requirement for the President to be a natural-born citizen is shared by several other countries. For example, the constitutions of the Philippines, Syria, Albania, Belarus, Finland, Costa Rica, the Dominican Republic, Honduras, Mexico, Kenya, Liberia, Nigeria, Uganda, and Angola all include similar provisions. These clauses typically specify citizenship by birth or a lengthy residency requirement, ensuring that presidential candidates have a strong connection to their respective nations.
In summary, the stipulation that the President must be a natural-born citizen is a common constitutional requirement, aimed at safeguarding national interests and ensuring the leader has a deep-rooted connection to the country they govern. While the exact definition of "natural-born citizen" may vary, it generally refers to citizenship by birth or extended residency. This requirement is in place to protect the integrity and security of the nation and its electoral process.
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The President is Commander-in-Chief of the US Army and Navy
The US Constitution outlines the role of the President as Commander-in-Chief of the US Army and Navy, as well as the Militia of the several States when called into actual service. This role gives the President the power to direct the armed forces for any purpose specified by Congress, including the duty to repel sudden attacks and act in emergencies.
The President's power as Commander-in-Chief has been debated and contested, with some arguing that it should be limited to purely military aspects, such as "supreme command and direction of the Military and naval forces". Hamilton, for example, stated that the office,
> "...would amount to nothing more than the supreme command and direction of the Military and naval forces, as first general and admiral of the confederacy."
However, others have argued that the President, as Chief Executive, has an "aggregate of powers" that includes the authority to take measures necessary to protect the nation, especially during times of war or when war is imminent. This interpretation has been used to justify various actions, such as increasing the Army and Navy during the Civil War, seizing a plant during World War II to prevent labour disturbances from interfering with the war effort, and deploying US forces to Vietnam to counter Communist aggression.
The President's role as Commander-in-Chief is not unique among constitutional governments. Several countries, including Argentina, Australia, Austria, Denmark, Egypt, Finland, and Indonesia, have constitutional provisions designating the president or a similar figure as the Commander-in-Chief of their armed forces. However, the actual exercise of command authority may differ, with some countries vesting de facto executive command in a prime minister or defence minister.
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The President's salary cannot change during their tenure
The President of the United States is entitled to receive compensation for their services, as stipulated in Article II, Section 1, Clause 7 of the US Constitution. This compensation, or salary, is set at $400,000 per year and has remained unchanged since 2001. In addition to their salary, the President also receives an expense allowance of $50,000, a nontaxable travel account of $100,000, and an entertainment account of $19,000.
The US Constitution explicitly states that the President's compensation "shall neither be increased nor diminished during the period for which he shall have been elected". This provision ensures that the President's salary remains fixed throughout their term of office and cannot be altered until the commencement of the next presidential term. This constitutional safeguard is designed to maintain the independence of the presidency and shield it from political manipulation through salary adjustments.
The rationale behind this constitutional provision is to prevent the President's salary from being used as a tool for political influence or manipulation. By prohibiting changes to the President's compensation during their tenure, the Constitution safeguards the office's financial independence and stability. This measure helps to ensure that the President can focus on their duties and responsibilities without being unduly influenced by the prospect of a salary increase or decrease.
The fixed salary of the President during their term is a reflection of the importance and stability of the office. It underscores the principle that the President's role and responsibilities are of paramount significance and should be insulated from external factors, including financial considerations. This constitutional safeguard reinforces the integrity and impartiality of the presidency, fostering trust in the office and the democratic process.
The President's salary, which remains constant during their tenure, is a testament to the stability and continuity of the executive branch. It symbolises the enduring nature of the presidency and the commitment to uphold the duties and responsibilities entrusted to the office. By maintaining a fixed salary, the Constitution ensures that the President's focus remains on governing and serving the nation, unaffected by potential financial incentives or disincentives.
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The President can grant reprieves and pardons
The President of the United States has the power to grant reprieves and pardons for federal offences committed against the United States. This power is granted by the Constitution, which establishes the President's authority to grant clemency, encompassing not only pardons of individuals but several other forms of relief from criminal punishment.
The power to pardon has its roots in early English law and has been interpreted by the Supreme Court as quite broad. The Court has referred to the President's authority to pardon as unlimited, except in cases of impeachment, extending to every offence known to the law. This power can be exercised either before legal proceedings are taken, during their pendency, or after conviction and judgment.
The President's pardon power is not without limitations, however. Firstly, it does not apply to cases of impeachment. Secondly, while the President can pardon federal offences, they cannot pardon violations of state laws. This means that even if a president pardons themselves, as President Trump considered doing, they could still be prosecuted for state-level crimes.
The pardon power also comes with the risk of abuse. For example, President Trump has been criticised for using his pardon power to grant clemency to people convicted of crimes related to his presidential campaign. Nevertheless, the pardon power can be a vital mechanism for reducing prison populations and tempering the harsh, racist, and inequitable effects of the criminal legal system.
In conclusion, the President's power to grant reprieves and pardons is a significant aspect of the presidential office, with historical roots and broad interpretation by the Supreme Court. While it carries the risk of abuse, it can also serve as a tool for mitigating the harsh consequences of the criminal justice system.
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Frequently asked questions
According to the U.S. Constitution, a candidate must be a natural-born citizen, be at least 35 years old, and receive votes from a majority of electors.
The President is the Commander-in-Chief of the Army and Navy, and of the state militias when in active service. They have the power to grant reprieves and pardons for offences against the United States (except in cases of impeachment), and to make treaties with the advice and consent of the Senate. The President also has the power to fill up vacancies during the recess of the Senate, and to convene both Houses of Congress on extraordinary occasions.
Each state appoints electors, who then vote for two persons, at least one of whom must not be an inhabitant of the same state. The person with the highest number of votes becomes President, if they have a majority of the whole number of electors appointed. If no candidate has a majority, the House of Representatives chooses the President from the three candidates with the highest number of votes.
