POTUS: President of the United States (Part II)

Campaigns and nomination

The modern presidential campaign begins before the primary elections, which the two major political parties use to clear the field of candidates before their national nominating conventions, where the most successful candidate is made the party's presidential nominee. Typically, the party's presidential candidate chooses a vice presidential nominee, and this choice is rubber-stamped by the convention. The most common previous profession of presidents is lawyer.

Nominees participate in nationally televised debates, and while the debates are usually restricted to the Democratic and Republican nominees, third party candidates may be invited, such as Ross Perot in the 1992 debates. Nominees campaign across the country to explain their views, convince voters and solicit contributions. Much of the modern electoral process is concerned with winning swing states through frequent visits and mass media advertising drives.

Election

The president is elected indirectly by the voters of each state and the District of Columbia through the Electoral College, a body of electors formed every four years for the sole purpose of electing the president and vice president to concurrent four-year terms. As prescribed by Article II, Section 1, Clause 2, each state is entitled to a number of electors equal to the size of its total delegation in both houses of Congress. Additionally, the Twenty-third Amendment provides that the District of Columbia is entitled to the number it would have if it were a state, but in no case more than that of the least populous state. Currently, all states and the District of Columbia select their electors based on a popular election. In all but two states, the party whose presidential–vice presidential ticket receives a plurality of popular votes in the state has its entire slate of elector nominees chosen as the state's electors. Maine and Nebraska deviate from this winner-take-all practice, awarding two electors to the statewide winner and one to the winner in each congressional district.

On the first Monday after the second Wednesday in December, about 6 weeks after the election, the electors convene in their respective state capitals (and in Washington, D.C.) to vote for president and, on a separate ballot, for vice president. They typically vote for the candidates of the party that nominated them. While there is no constitutional mandate or federal law requiring them to do so, the District of Columbia and 32 states have laws requiring that their electors vote for the candidates to whom they are pledged. The constitutionality of these laws was upheld in Chiafalo v. Washington (2020). Following the vote, each state then sends a certified record of their electoral votes to Congress. The votes of the electors are opened and counted during a joint session of Congress, held in the first week of January. If a candidate has received an absolute majority of electoral votes for president (currently 270 of 538), that person is declared the winner. Otherwise, the House of Representatives must meet to elect a president using a contingent election procedure in which representatives, voting by state delegation, with each state casting a single vote, choose between the top three electoral vote-getters for president. For a candidate to win, he or she must receive the votes of an absolute majority of states (currently 26 of 50).

There have been two contingent presidential elections in the nation's history. A 73–73 electoral vote tie between Thomas Jefferson and fellow Democratic-Republican Aaron Burr in the election of 1800 necessitated the first. Conducted under the original procedure established by Article II, Section 1, Clause 3 of the Constitution, which stipulates that if two or three persons received a majority vote and an equal vote, the House of Representatives would choose one of them for president; the runner-up would become vice president. On February 17, 1801, Jefferson was elected president on the 36th ballot, and Burr elected vice president. Afterward, the system was overhauled through the Twelfth Amendment in time to be used in the 1804 election. A quarter-century later, the choice for president again devolved to the House when no candidate won an absolute majority of electoral votes (131 of 261) in the election of 1824. Under the Twelfth Amendment, the House was required to choose a president from among the top three electoral vote recipients: Andrew Jackson, John Quincy Adams, and William H. Crawford. Held February 9, 1825, this second and most recent contingent election resulted in John Quincy Adams being elected president on the first ballot.

Tenure

Inauguration

Pursuant to the Twentieth Amendment, the four-year term of office for both the president and the vice president begins at noon on January 20. The first presidential and vice presidential terms to begin on this date, known as Inauguration Day, were the second terms of President Franklin D. Roosevelt and Vice President John Nance Garner in 1937. Previously, Inauguration Day was on March 4. As a result of the date change, the first term (1933–37) of both men had been shortened by 43 days.

Before executing the powers of the office, a president is required to recite the presidential Oath of Office, found in Article II, Section 1, Clause 8 of the Constitution. This is the only component in the inauguration ceremony mandated by the Constitution:

I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States.

Presidents have traditionally placed one hand upon a Bible while taking the oath, and have added "So help me God" to the end of the oath. Although the oath may be administered by any person authorized by law to administer oaths, presidents are traditionally sworn in by the chief justice of the United States.

Term limit

When the first president, George Washington, announced in his Farewell Address that he was not running for a third term, he established a "two-terms then out" precedent. Precedent became tradition after Thomas Jefferson publicly embraced the principle a decade later during his second term, as did his two immediate successors, James Madison and James Monroe. In spite of the strong two-term tradition, Ulysses S. Grant sought a non-consecutive third term in 1880, as did Theodore Roosevelt in 1912 (though it would have been only his second full term). Both were unsuccessful.

Franklin D. Roosevelt won a record four presidential elections (1932, 1936, 1940 and 1944).

In 1940, after leading the nation through the Great Depression, Franklin Roosevelt was elected to a third term, breaking the self-imposed precedent. Four years later, with the U.S. engaged in World War II, he was re-elected again despite his declining physical health; he died 82 days into his fourth term on April 12, 1945.

In response to the unprecedented length of Roosevelt's presidency, the Twenty-second Amendment was adopted in 1951. The amendment bars anyone from being elected president more than twice, or once if that person served more than two years (24 months) of another president's four-year term. Harry S. Truman, president when this term limit came into force, was exempted from its limitations, and briefly sought a second full term—to which he would have otherwise been ineligible for election, as he had been president for more than two years of Roosevelt's fourth term—before he withdrew from the 1952 election.

Since the amendment's adoption, five presidents have served two full terms: Dwight D. Eisenhower, Ronald Reagan, Bill Clinton, George W. Bush, and Barack Obama. Both Jimmy Carter and George H. W. Bush sought a second term but were defeated. Richard Nixon was elected to a second term, but resigned before completing it. Lyndon B. Johnson, having held the presidency for one full term in addition to only 14 months of John F. Kennedy's unexpired term, was eligible for a second full term in 1968, but he withdrew from the Democratic primary. Additionally, Gerald Ford, who served out the last two years and five months of Nixon's second term, sought a full term but was defeated by Jimmy Carter in the 1976 election.

After the presidency

Until 1958, former presidents had no governmental aid to maintain themselves. Gradually, a small pension was increased, but with the public disaffection with Presidents Johnson and Nixon, some began to question the propriety and the amounts involved. Some ex-presidents were very active, especially in international affairs, most notably Theodore Roosevelt; Herbert Hoover; Richard Nixon; and Jimmy Carter.

Impeachment

Article II, Section 4 of the Constitution allows for the removal of high federal officials, including the president, from office for "treason, bribery, or other high crimes and misdemeanors". Article I, Section 2, Clause 5 authorizes the House of Representatives to serve as a "grand jury" with the power to impeach said officials by a majority vote. Article I, Section 3, Clause 6 authorizes the Senate to serve as a court with the power to remove impeached officials from office, by a two-thirds vote to convict.

Three presidents have been impeached by the House of Representatives: Andrew Johnson in 1868, Bill Clinton in 1998, and Donald Trump in 2019; all three were acquitted by the Senate. Additionally, the House Judiciary Committee conducted an impeachment inquiry against Richard Nixon in 1973–74; however, he resigned from office before the full House voted on the articles of impeachment.

Succession and disability

Vacancies and succession in the office of president may arise under several possible circumstances: death, resignation, and removal from office. Deaths have occurred a number of times, resignation has occurred only once, and removal from office has never occurred.

The Constitution, in Article II, Section 1, Clause 6, stipulates that the vice president takes over the "powers and duties" of the presidency in the event of a president's removal, death, resignation, or inability. Even so, it does not clearly state whether the vice president would become president of the United States or simply act as president in a case of succession. This ambiguity was alleviated in 1967 by Section 1 of the Twenty-fifth Amendment, which unequivocally states that the vice president becomes president upon the removal from office, death, or resignation of the president.

Under Section 3 of the Twenty-fifth Amendment, the president may transfer the presidential powers and duties to the vice president, who then becomes acting president, by transmitting a statement to the speaker of the House and the president pro tempore of the Senate stating the reasons for the transfer. The president resumes the discharge of the presidential powers and duties upon transmitting, to those two officials, a written declaration stating that resumption. Such a transfer of power has occurred on three occasions: Ronald Reagan to George H. W. Bush once, on July 13, 1985, and George W. Bush to Dick Cheney twice, on June 29, 2002, and on July 21, 2007.

Under Section 4 of the Twenty-fifth Amendment, the vice president, in conjunction with a majority of the Cabinet, may transfer the presidential powers and duties from the president to the vice president by transmitting a written declaration to the speaker of the House and the president pro tempore of the Senate that the president is incapacitated—unable to discharge their presidential powers and duties. If this occurs, then the vice president will assume the presidential powers and duties as acting president; however, the president can declare that no such inability exists and resume the discharge of the presidential powers and duties. If the vice president and Cabinet contest this claim, it is up to Congress, which must meet within two days if not already in session, to decide the merit of the claim.

Article II, Section 1, Clause 6 also authorizes Congress to declare who shall become acting president in the "Case of Removal, Death, Resignation or Inability, both of the president and vice president". The Presidential Succession Act of 1947 (codified as 3 U.S.C. § 19) provides that if both the president and vice president have left office or are both otherwise unavailable to serve during their terms of office, the presidential line of succession follows the order of: speaker of the House, then, if necessary, the president pro tempore of the Senate, and then if necessary, the eligible heads of federal executive departments who form the president's cabinet. The cabinet currently has 15 members, of which the secretary of state is first in line; the other Cabinet secretaries follow in the order in which their department (or the department of which their department is the successor) was created. Those department heads who are constitutionally ineligible to be elected to the presidency are also disqualified from assuming the powers and duties of the presidency through succession. No statutory successor has yet been called upon to act as president.

Political affiliation

Political parties have dominated American politics for most of the nation's history. Though the Founding Fathers generally spurned political parties as divisive and disruptive, and their rise had not been anticipated when the U.S. Constitution was drafted in 1787, organized political parties developed in the U.S. in the mid-1790s nonetheless. They evolved from political factions, which began to appear almost immediately after the Federal government came into existence. Those who supported the Washington administration were referred to as "pro-administration" and would eventually form the Federalist Party, while those in opposition joined the emerging Democratic-Republican Party.

Greatly concerned about the very real capacity of political parties to destroy the fragile unity holding the nation together, Washington remained unaffiliated with any political faction or party throughout his eight-year presidency. He was, and remains, the only U.S. president never to be affiliated with a political party. Since Washington, every U.S. president has been affiliated with a political party at the time of assuming office. The number of presidents per political party (at the time of entry into office) are:

Republican, 19: Chester A. Arthur, George H. W. Bush, George W. Bush, Calvin Coolidge, Dwight D. Eisenhower, Gerald Ford, James A. Garfield, Ulysses S. Grant, Warren G. Harding, Benjamin Harrison, Rutherford B. Hayes, Herbert Hoover, Abraham Lincoln, William McKinley, Richard Nixon, Ronald Reagan, Theodore Roosevelt, William Howard Taft, and Donald Trump

Democratic, 14: James Buchanan, Jimmy Carter, Grover Cleveland, Bill Clinton, Andrew Jackson, Lyndon B. Johnson, John F. Kennedy, Barack Obama, Franklin Pierce, James K. Polk, Franklin D. Roosevelt, Harry S. Truman, Martin Van Buren, and Woodrow Wilson

Democratic-Republican, 4: John Quincy Adams, Thomas Jefferson, James Madison, and James Monroe

Whig, 4: Millard Fillmore, William Henry Harrison, Zachary Taylor, and John Tyler

Federalist, 1: John Adams

National Union, 1: Andrew Johnson

None, 1: George Washington

The following graphical timeline depicts the progression of the presidents and their political affiliation at the time of assuming office.

Compensation

1789 $25,000 $709,000

1873 $50,000 $1,080,000

1909 $75,000 $2,140,000

1949 $100,000 $1,050,000

1969 $200,000 $1,370,000

2001 $400,000 $567,000

2018 $400,000 $400,000

Since 2001, the president's annual salary has been $400,000, along with a: $50,000 expense allowance; $100,000 nontaxable travel account, and $19,000 entertainment account. The president's salary is set by Congress, and under Article II, Section 1, Clause 7 of the Constitution, any increase or reduction in presidential salary can not take effect before the next presidential term of office.

Residence

The White House in Washington, D.C. is the official residence of the president. The site was selected by George Washington, and the cornerstone was laid in 1792. Every president since John Adams (in 1800) has lived there. At various times in U.S. history, it has been known as the "President's Palace", the "President's House", and the "Executive Mansion". Theodore Roosevelt officially gave the White House its current name in 1901. Facilities that are available to the president include access to the White House staff, medical care, recreation, housekeeping, and security services. The federal government pays for state dinners and other official functions, but the president pays for personal, family, and guest dry cleaning and food.

Camp David, officially titled Naval Support Facility Thurmont, a mountain-based military camp in Frederick County, Maryland, is the president's country residence. A place of solitude and tranquility, the site has been used extensively to host foreign dignitaries since the 1940s.

President's Guest House, located next to the Eisenhower Executive Office Building at the White House Complex and Lafayette Park, serves as the president's official guest house and as a secondary residence for the president if needed. Four interconnected, 19th-century houses—Blair House, Lee House, and 700 and 704 Jackson Place—with a combined floor space exceeding 70,000 square feet (6,500 m2) comprise the property.

Travel

The primary means of long-distance air travel for the president is one of two identical Boeing VC-25 aircraft, which are extensively modified Boeing 747 airliners and are referred to as Air Force One while the president is on board (although any U.S. Air Force aircraft the president is aboard is designated as "Air Force One" for the duration of the flight). In-country trips are typically handled with just one of the two planes, while overseas trips are handled with both, one primary and one backup. The president also has access to smaller Air Force aircraft, most notably the Boeing C-32, which are used when the president must travel to airports that cannot support a jumbo jet. Any civilian aircraft the president is aboard is designated Executive One for the flight.

For short-distance air travel, the president has access to a fleet of U.S. Marine Corps helicopters of varying models, designated Marine One when the president is aboard any particular one in the fleet. Flights are typically handled with as many as five helicopters all flying together and frequently swapping positions as to disguise which helicopter the president is actually aboard to any would-be threats.

For ground travel, the president uses the presidential state car, which is an armored limousine designed to look like a Cadillac sedan, but built on a truck chassis. The U.S. Secret Service operates and maintains the fleet of several limousines. The president also has access to two armored motorcoaches, which are primarily used for touring trips.

Protection

The U.S. Secret Service is charged with protecting the president and the first family. As part of their protection, presidents, first ladies, their children and other immediate family members, and other prominent persons and locations are assigned Secret Service codenames. The use of such names was originally for security purposes and dates to a time when sensitive electronic communications were not routinely encrypted; today, the names simply serve for purposes of brevity, clarity, and tradition.

Post-presidency

Under the Former Presidents Act, all living former presidents are granted a pension, an office, and a staff. The pension has increased numerous times with congressional approval. Retired presidents now receive a pension based on the salary of the current administration's cabinet secretaries, which was $199,700 each year in 2012. Former presidents who served in Congress may also collect congressional pensions. The act also provides former presidents with travel funds and franking privileges. Prior to 1997, all former presidents, their spouses, and their children until age 16 were protected by the Secret Service until the president's death. In 1997, Congress passed legislation limiting Secret Service protection to no more than 10 years from the date a president leaves office. On January 10, 2013, President Obama signed legislation reinstating lifetime Secret Service protection for him, George W. Bush, and all subsequent presidents. A spouse who remarries is no longer eligible for Secret Service protection.

Some former presidents have had significant careers after leaving office. Prominent examples include William Howard Taft's tenure as chief justice of the United States and Herbert Hoover's work on government reorganization after World War II. Grover Cleveland, whose bid for reelection failed in 1888, was elected president again 4 years later in 1892. Two former presidents served in Congress after leaving the White House: John Quincy Adams was elected to the House of Representatives, serving there for 17 years, and Andrew Johnson returned to the Senate in 1875, though he died soon after.

Presidents may use their predecessors as emissaries to deliver private messages to other nations or as official representatives of the United States to state funerals and other important foreign events. Richard Nixon made multiple foreign trips to countries including China and Russia and was lauded as an elder statesman. Jimmy Carter has become a global human rights campaigner, international arbiter, and election monitor, as well as a recipient of the Nobel Peace Prize. Bill Clinton has also worked as an informal ambassador, most recently in the negotiations that led to the release of two American journalists, Laura Ling and Euna Lee, from North Korea. Clinton has also been active politically since his presidential term ended, working with his wife Hillary on her 2008 and 2016 presidential bids and President Obama on his 2012 reelection campaign.

As of July 2020, there are four living former U.S. presidents. The most recent former president to die was George H. W. Bush (1989–1993), on November 30, 2018. The living former presidents, in order of service, are:

Jimmy Carter (1977–1981) Age 95

Bill Clinton (1993–2001) Age 73

George W. Bush (2001–2009) Age 74

Barack Obama (2009–2017) Age 58

Presidential libraries

Every president since Herbert Hoover has created a repository known as a presidential library for preserving and making available his papers, records, and other documents and materials. Completed libraries are deeded to and maintained by the National Archives and Records Administration (NARA); the initial funding for building and equipping each library must come from private, non-federal sources. There are currently thirteen presidential libraries in the NARA system. There are also presidential libraries maintained by state governments and private foundations and Universities of Higher Education, such as the Abraham Lincoln Presidential Library and Museum, which is run by the State of Illinois; the George W. Bush Presidential Library and Museum, which is run by Southern Methodist University; the George H. W. Bush Presidential Library and Museum, which is run by Texas A&M University; and the Lyndon Baines Johnson Presidential Library and Museum, which is run by the University of Texas at Austin.

A number of presidents have lived for many years after leaving office, and several of them have personally overseen the building and opening of their own presidential libraries. Some have even made arrangements for their own burial at the site. Several presidential libraries contain the graves of the president they document, including the Dwight D. Eisenhower Presidential Library, Museum and Boyhood Home in Abilene, Kansas, Richard Nixon Presidential Library and Museum in Yorba Linda, California, and the Ronald Reagan Presidential Library in Simi Valley, California. These gravesites are open to the general public.

Notes

The informal term POTUS originated in the Phillips Code, a shorthand method created in 1879 by Walter P. Phillips for the rapid transmission of press reports by telegraph.

The nine vice presidents who succeeded to the presidency upon their predecessor's death or resignation and finished-out that unexpired term are: John Tyler (1841); Millard Fillmore (1850); Andrew Johnson (1865); Chester A. Arthur (1881); Theodore Roosevelt (1901); Calvin Coolidge (1923); Harry S. Truman (1945); Lyndon B. Johnson (1963); and Gerald Ford (1974).

Former Democrat John Tyler was elected vice president on the Whig Party ticket with Harrison in 1840. Tyler's policy priorities as president soon proved to be opposed to most of the Whig agenda, and he was expelled from the party in September 1841.

Democrat Andrew Johnson was elected vice president on the National Union Party ticket with Republican Abraham Lincoln in 1864. Later, while president, Johnson tried and failed to build a party of loyalists under the National Union banner. Near the end of his presidency, Johnson rejoined the Democratic Party.