Page 169 - DPOL202_COMPARATIVE_POLITICS_AND_GOVERNMENT_ENGLISH

Comparative Politics and Government

Notes death or resignation of the President. (2) On vacancy in the Vice-Presidency, the President shall
nominate a Vice-President who takes office on confirmation of both the houses of Congress. (3) On a
written declaration by the President that he is unable to discharge the duties of his office, the Vice-
President shall become President (Acting) until the President declares his inability ended. (4) On a
written declaration by the Vice-President and a majority of the principal executive officers or any
other body provided by law that the President is unable, the Vice-President becomes Acting President.
The Constitution provides that the President can be removed by the process of impeachment in case
he is guilty of treason, bribery or other high crimes of misdemeanour. The House of Representatives
shall initiate the charges with a majority vote and the Senate act as the tribunal presided over by the
Chief Justice of the Supreme Court. The President shall have every right of defence either in person
or through his nominee. Resolution must be passed by two-thirds majority for conviction which
makes the President liable to removal from office and any other disqualification. He is also liable for
trial under ordinary judicial procedure. The instance of Andrew Johnson is available to show that the
process of impeachment against a President was made use of in 1868. But the President was saved by
one vote. In 1974 Nixon resigned against whom impeachment proceedings were initiated. In 1999
Clinton was impeached but the motion could not be passed by the required majority of votes.
Election: The Constitution lays down three qualifications for the President, namely, that he must be
a natural-born citizen of the United States, that he must be at least 35 years of age, and that he must
have been a resident of the country for at least 14 years. The procedure relating to the election of the
American President (and also of the Vice-President) may be clarified with the help of three stages—
nomination, formation of the electoral college, and his election by absolute majority. A major change
in the mode of election of the President has occurred owing to the rise and growth of a political
drama that has become a concern of the two major parties in which a ‘third’ man has no place at all.
Since 1832 the two parties have been following the practice of choosing their candidates at the national
conventions. The National Committee of each party consisting of one man and one woman elected
from each State and territory plus the District of Columbia (in conformity with the rules and regulations
laid down by its legislature and by party organisation) sets up machinery for the conduct of the
national convention well in advance. The names of many ‘favourite sons’ are discussed, but in the
end two names are chosen - one for the Presidency and the other one for Vice-Presidency. However,
convention requires that the name of the sitting President must be approved, if he wants, to run for a
second term. Usage also required that the team of two candidates must belong to two different States,
even regions, of the country and the running mate (candidate for Vice-Presidency) should come from
a ‘doubtful State’, that is, from a State in which his popularity may swell the votes of party’s Presidential
nominee. This work is over by the summer or monsoon of the election year and then the party sets up
its national and State committees and headquarters for the nation-wide campaign.,
The next stage is the formation of electoral college. Each State elects members for this body according
to its own laws. It chooses as many electors as it has Senators and Representatives in the Congress,
the present strength being 538 (100 Senators, 435 Representatives and 3 others from Washington,
D.C.) in all. A simple majority of 270 is needed to win, otherwise the matter has to be decided by the
House of Representatives in the case of the Presidency and by the Senate in the case of the Vice-
Presidency, each State having one vote irrespective of its physical size or population, or number of
deputies in the Congress. Instances show that such has happened in 1800, 1824 and 1876 in the case
of President and in 1837 in the case of Vice-President.
Polling day for the election of the electors falls on Tuesday after the first Monday in November. The
ballot is secret and direct. Individual votes are counted State-wise and by custom the Presidential
candidate receiving highest number of votes in a State is declared the winner of all the electoral votes
of that State. After this the electors meet in their State capitals as required by the national law of 1934
on Monday after the second Wednesday in December to cast their votes — one for the President and
the other one for the Vice-President. Then the ballot boxes are sealed and sent to the President of the
Senate. Counting of votes takes place on January 6 and the President-elect takes oath of office on 20
January before the Chief Justice of the Supreme Court.
Functions and Powers: The American Presidency represents a curious mixture of the powers and
position enjoyed by an executive potent enough to maintain order and ensure faithful execution of

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