PRESIDENCY IN THE UNITED STATES, VOLUME 4

PRESIDENCY IN THE UNITED STATES, VOLUME 4

CONTENTS

PREFACE

Chapter 1 PRESIDENTIAL SIGNING STATEMENTS: CONSTITUTIONAL AND INSTITUTIONAL IMPLICATIONS

ABSTRACT

INTRODUCTION

HISTORICAL USAGE AND CONSTITUTIONAL BASIS

A. Signing Statements in the Reagan Administration

B. Signing Statements in the George H.W. Bush Administration

C. Signing Statements in the Clinton Administration

D. Signing Statements in the George W. Bush Administration

E. Signing Statements in the Barack Obama Administration

LEGAL AND CONSTITUTIONAL IMPLICATIONS OF SIGNING STATEMENTS

SUBSTANTIALITY OF CONSTITUTIONAL OBJECTIONS

Foreign Affairs Power

Executive Privilege

Direct Reporting Requirements

Legislative Veto Provisions

INSTITUTIONAL IMPLICATIONS OF SIGNING STATEMENTS

Statutory Construction and the Courts

Impact on Congress

Legislative Proposals

CONCLUSION

End Notes

Chapter 2 THE EXECUTIVE BUDGET PROCESS: AN OVERVIEW

SUMMARY

INTRODUCTION

DEVELOPMENT OF THE PRESIDENT’S BUDGET

Initial Preparation of Agency Budget Requests

OMB Review of Agency Budget Requests

SUBMISSION AND JUSTIFICATION OF THE PRESIDENT’S BUDGET

Composition of the President’s Budget Submission to Congress

Supplements and Revisions to the President’s Budget Request

Agency Budget Requests and Justifications

Statements of Administration Policy and Other Presidential Actions

EXECUTION OF APPROPRIATIONS AND OTHER ENACTED BUDGETARY LEGISLATION

Apportionment and Allocation of Budget Authority

Reallocation of Budget Authority: Transfers and Reprogramming

Transfers

Reprogramming

Congressional Notification and Holds

Impoundment of Appropriated Funds: Rescissions and Deferrals

Rescissions

Deferrals

OCCASIONAL PROCEDURES DURING BUDGET EXECUTION

Budget Execution during Federal Funding Gaps and Government Shutdowns

Budget Execution in the Event of Sequestration

End Notes

Chapter 3 SUBMISSION OF THE PRESIDENT’S BUDGET IN TRANSITION YEARS

SUMMARY

INTRODUCTION

IS THE OUTGOING OR INCOMING PRESIDENT REQUIRED TO SUBMIT THE BUDGET?

TRANSITION BUDGETS IN RECENT YEARS

Statutory Deadlines

Special Messages to Congress

Outgoing “Transition” Budgets

End Notes

Chapter 4 THE ELECTORAL COLLEGE: HOW IT WORKS IN CONTEMPORARY PRESIDENTIAL ELECTIONS

SUMMARY

INTRODUCTION

CONSTITUTIONAL ORIGINS

The Original Constitutional System

The 12th Amendment Repairs Flaws in the Original System

THE ELECTORAL COLLEGE TODAY

Who Are the Electors?

Nominating Elector-Candidates: Diverse State Procedures

How Are Electoral Votes Allocated Among the States?

How Are the Electors Chosen?

The Electors’ Task: Ratifying the Voters’ Choice

Disregarding the Voters’ Choice: Faithless Electors

General Election Ballots

Winner Take All: How the General Ticket System Awards the Electoral Vote in Most States

General Election Day

The Electors Convene

Congress Counts, Ascertains, and Declares the Vote

Objections to State Electoral Vote Returns

A Tie or Failure to Win a Majority in the Electoral College: Contingent Election by Congress

2012 PRESIDENTIAL ELECTION: AN ELECTORAL COLLEGE TIMELINE

RED STATES, BLUE STATES, BATTLEGROUND STATES

ALLEGED BIASES AND ADVANTAGES OF THE ELECTORAL COLLEGE SYSTEM

Small State Arithmetic Advantage

Large State Voting Power Advantage

Large State Ethnic/Minority Voter Advantage

“MEND IT” ― REFORMING THE ELECTORAL COLLEGE

The District Plan

The Proportional Plan

The Automatic Plan

Reform Through State or Non-Governmental Alternatives

“END IT” ― REPLACING THE ELECTORAL COLLEGE WITH DIRECT POPULAR ELECTION

CONCLUSION

APPENDIX. ELECTORAL VOTE ALLOCATION BY STATES AND THE DISTRICT OF COLUMBIA

End Notes

Chapter 5 COUNTING ELECTORAL VOTES: AN OVERVIEW OF PROCEDURES AT THE JOINT SESSION, INCLUDING OBJECTIONS BY MEMBERS OF CONGRESS

SUMMARY

INTRODUCTION

ACTIONS LEADING UP TO THE JOINT SESSION

Appointment of Electors: Election

Final State Determination of Election Contests and Controversies

Certification by the Governor

Duplicate Certificates to Electors

Meetings of Electors to Cast Votes

Electors’ Certifications of Votes

Congressional Demand for Certificates

Archivist’s Transmittal of Certificates to Congress

Date for Counting Electoral Votes

PROVIDING FOR THE JOINT SESSION

Venue for Counting Electoral Votes

Opening of the Votes

Reading of the Votes by House and Senate Tellers

Counting the Votes and Announcing the Result

Expediting the Process of Opening and Reading Votes

The Majority Required for Election

PROCEDURES FOR CONDUCTING THE JOINT SESSION

Objecting to the Counting of One or More Electoral Votes

Disposing of Objections

Procedures for Considering Objections

Basis for Objections

Receipt of Two Certificates from the Same State

ELECTORAL VOTE TIMETABLE AND SUBSEQUENT ACTION

End Notes

Chapter 6 PRESIDENTIAL APPOINTEE POSITIONS REQUIRING SENATE CONFIRMATION AND COMMITTEES HANDLING NOMINATIONS

SUMMARY

INTRODUCTION

Referral of Nominations to Senate Committees

112th Congress Standing Order on Nominations

Organization of the Report

SENATE COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY

SENATE COMMITTEE ON ARMED SERVICES

SENATE COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS

SENATE COMMITTEE ON THE BUDGET

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES

SENATE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

SENATE COMMITTEE ON FINANCE

SENATE COMMITTEE ON FOREIGN RELATIONS

SENATE COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS

SENATE COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

SENATE COMMITTEE ON INDIAN AFFAIRS

SENATE SELECT COMMITTEE ON INTELLIGENCE

SENATE COMMITTEE ON THE JUDICIARY

SENATE COMMITTEE ON RULES AND ADMINISTRATION

SENATE COMMITTEE ON SMALL BUSINESS AND ENTREPRENEURSHIP

SENATE COMMITTEE ON VETERANS’ AFFAIRS

APPENDIX. PRESIDENTIAL APPOINTEE POSITIONS THAT NO LONGER REQUIRE SENATE CONFIRMATION PER P.L. 112-166, THE PRESIDENTIAL APPOINTMENT EFFICIENCY AND STREAMLINING ACT OF 2011

End Notes

INDEX

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