6. Homework Help
 

6.1. The U. S. Constitution and the President
 

1.  What are the qualifications to be president? How old must you be? [eligibility, requirements, minimum age]

Reply:   It is found in the Constitution of the United States, Article II, Section 1, Clause 5:

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

2. What does it mean in the Constitution when it says "natural born Citizen?"

From Black's Law Dictionary, Sixth Edition:  "Natural born citizen.  Persons who are born within the jurisdiction of a national government, i.e. in its territorial limits, or those born of citizens temporarily residing abroad."

3.  I am in the U.S. Army, a natural born citizen, and my wife is a U.S. Citizen, natural born. If my son is born in Germany (Military hospital or not), and has a U.S. Consular Report of Birth Abroad, and a German birth certificate can he become President of the United States?

Yes, since  your son was born of citizens temporarily residing abroad, as in the military service, then he may become eligible to be president.  Of course he must still "have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States."

Two cases in point:  (1) George Romney of Michigan who ran for president in 1968.  Mr. Romney was born in a Mormon community in Chihuahua, Mexico.  His parents were U.S. citizens so he was a natural born citizen. (2) John McCain of Arizona was a candidate in 2000.  McCain was born in Panama where his father was stationed in the service, so he would also be "natural born."

4. Is there anything that specifies that only the 3rd generation of an immigrant family could be elected as president?

No. The president must only be "natural born," that is born a citizen.  His parents may be born elsewhere.  Both of Andrew Jackson's parents were born in Ireland, for example.

5.  What day does the president take office? [term]

The president takes office on January 20th following the November election. See the 20th Amendment to the Constitution.

6. What is the presidential oath, word for word?

It is found in the Constitution of the United States, Article II, Section 1, Clause 8:

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: -- "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."

Where is the president sworn in?  Weather permitting,  presidents are normally sworn in in front of the U. S. Capitol building. The location can vary.  Sunday ceremonies, for example, are traditionally  conducted in private, with a public ceremony the next day.

Is it important to have the old president present during the swearing in?  The old president does not have to be there.  In the past, some have boycotted their successor's inauguration.

Who swears in the new president? Usually the Chief Justice of the Supreme Court, but this is not required by the Constitution.

What time does the swearing in occur? 12 noon.

Why is the Vice President sworn into office first before the President? Good question.  I don't know the answer, but it is a tradition that has a long history.  Andrew Johnson, for example, was sworn in as vice-president before Abraham Lincoln took the oath in 1865.

7. My daughter would like to know how many years can one person serve as President of the US? Can he or she run for office again after serving two terms but has been out of office for a few years?

The Twenty-Second amendment to the Constitution, ratified in 1951, limits the President to a maximum of two terms.  Anyone who has served two full terms cannot be elected again.  However, if someone becomes president as the result of the death or resignation of another president and serves at most two years of a remaining term, he or she could still be elected for two terms in their own right. So the maximum theoretical service as president is 10 years.

For example, Lyndon Johnson was eligible to run for president in 1968, although he chose not to.  He had served only 14 months of Kennedy's term, and so could have been elected twice in his own right and serve a total of over 9 years.

8. What is the President of the United States ultimately responsible for?

In a nutshell, he is the head of the executive branch of government and  " ... he shall take Care that the Laws be faithfully executed..."

In more detail, the U.S. Constitution says (I am paraphrasing):

Section. 2.  Clause 1: The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the States, when called into the actual Service of the United States. ... He shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.

Clause 2: He shall have Power... to make Treaties.... He  . shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for ...

Clause 3: The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Section. 3. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient. ... He shall receive Ambassadors and other public Ministers. He shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

9. How long does a Supreme Court Judge serve?

The Constitution does not set a limit. A Supreme Court justice serves until he quits, dies or is removed from office by impeachment.

10. You had stated in your trivia question "Who was impeached?" that the answer is Andrew Johnson and Bill Clinton? How could they be impeached but not removed from office? [impeachment resolutions]

The word "impeach" means "to proceed against a public officer for crime or misfeasance [improper performance]" (Black's Law Dictionary, Sixth Edition). It does not necessarily mean removal from office. The House of Representatives voted to impeach President Andrew Johnson (1865-1869). This means that he was charged with "... Treason, Bribery, or other high Crimes and Misdemeanors".  However, in his trial in the Senate, the vote was one short of enough to convict him.  So Andrew Johnson was "impeached," although not removed from office.

Bill Clinton was also impeached but not convicted.

11. Who was named vice president when Kennedy was killed?

No one.  That was before the 25th Amendment which proscribed the appointment of a new vice president when the office is vacant.

12. Who was the first person appointed and approved to fill a vacancy in the office of vice president under the 25th Amendment.

Gerald Ford [apointee] in 1973.

E-mail:  Did Ronald Reagan use the 25th Amendment to transfer presidential authority to Vice-President  George Bush when Reagan underwent colon surgery on July 13, 1985?

Reply:  Apparently not.

The actual letter he wrote [HP285] says in part that he " ... does not believe that the drafters of this [25th] amendment intended its application to situations such as the instant one.  Nevertheless, consistent with my long-standing arrangement with Vice-President Bush, and not intending to see a precedent binding to anyone privileged to hold the office in the future, I have determined, and it is my intention and direction that Vice-President Bush shall discharge these powers and duties in my stead ...  "

This language seems somewhat ambiguous and this source describes Bush as  "... empowered by a letter written before surgery by Reagan and covering the Twenty-fifth Amendment."

The Amendment also requires that the president transmit the letter to the Speaker of the House and president pro tempore of the Senate. That transmission did take place [SO 235-236].

This looks like a case of "it quacks like a duck" (the President wrote a letter saying he would be incapacitated) and "it waddles like a duck" (the letter was transmitted to Congress as required by the Constitution).  However, the president said "it's not a duck."  Historians seem to accept the presidents declaration, without saying exactly what it was, so apparently it was a "goose!"

E-mail:  Is the presence or use of a Bible required by law? If an atheist were elected President of the United States, would he be required to swear on a Bible?

Reply: The Bible is not required by law. Rutherford B. Hayes' private swearing in was conducted without a Bible [BLSWH 42], as was Theodore Roosevelt's first swearing in (see Inaugurals of Presidents of the United States: Some Precedents and Notable Events)

E-mail:  Which President said, "I promise" instead of "I swear" at his Inauguration?

Reply:  Franklin Pierce was the first to "affirm" his oath, which is the constitutional alternative to "swearing." See Item 5 above for the complete oath. Herbert Hoover also "affirmed" rather than "swore."

E-mail: What are the health requirements to run for U.S. president?

Reply: To run, there are no requirements.

E-mail: I just want to ask whether females are eligible for being elected as U.S. president.  I am asking this question because I see no female in the history of the U.S. who has become president.

Reply: Yes, as far as I can tell, women have always been eligible to be elected president--even before they were allowed to vote.  Some women have run, but none have headed a major party ticket. Geraldine Ferraro was nominated by the Democratic party for vice president in 1984.

E-mail: My question is this: with the recent revelation that [George W.] Bush was arrested for driving under the influence in 1976, isn't there some kind of stipulation that the U.S. President could not have a record of any kind?

Reply: No, there is not.

[term limits] [limitation, limitations]

E-mail: Can President Clinton run for office again in eight years?

Reply: Clinton is not eligible to be president again, ever.  Of course he could run for any other public office for which he is qualified.

E-mail: If the President Elect is assassinated before he takes the oath of office, who would become President? If both the President and Vice President Elect were assassinated before taking the oath of office, who would become President?

E-mail: I did find the answer in Amendment 20 section 3 of the Constitution. "If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified."

Presuming that being dead meets the criteria of "failure to qualify". So the answer to the question is:  Congress will declare who will act as President until a President qualifies.

E-mail: What President is believed to have not been eligible to become president under the U.S. Constitution? Why?

Reply: There have been stories about a couple of presidents who were said to not have been born in the U.S.  Some have claimed that Chester Arthur was born in Canada.  Political ememies of Andrew Jackson claimed he was born on a ship on the way to America.  These stories have been  been proved false.