Presidential Powers and Regulations Regarding Elections and Law

Representative Democracy

Representative Democracy

Representatives and Senators (Congress) are our representatives. They should look out for the local interests. Representation means working on behalf of one’s constituents. They are 4 types of representations

4 types of representation

Policy representation, Allocative representation, Case-Work, and Symbolic Representation

Policy Representation

congressional work for laws that advances the economic and social interests of the constituency and/or the nation

Allocative Representation

voters expect their congressional person to get a certain amount of projects and grants specifically for their district known as pork barrel spending and those projects are paid by all taxpayers for benefit of a few

Case-Work Representation

legislative work on behalf of an individual constituent to solve their problems with the government

Symbolic Representation

the effort of members of congress to stand for American ideals or to identify with the folks back home

chief administrator

(executive powers) the president’s executive role as the head of federal agencies, and the person responsible for the implementation of national policy

the cabinet

(executive powers) a presidential advisory group selected by the president, consisting of the heads of federal executive departments, and other high officials that the president chooses to give cabinet status

Commander in Chief

(executive powers) the president’s executive role as the top officer of the country’s military establishment

Chief Foreign Policy Maker

(executive powers) the president’s executive role as primary shaper of relations with foreign countries

Treaties

(executive powers) formal agreements negotiated by the president’s and ratified by the senate

Executive Agreement

(executive powers) presidents agreement with another country that creates foreign policy without said approval

state of the union

(legislative powers) a speech given annually by the president to a joint session of congress and to the nation announcing the president’s agenda (influencing congress)

presidential veto

(legislative powers) president’s authority to reject a bill passed by Congress (only overridden by 2/3s of both houses)

executive order

(legislative powers) a clarification of congressional policy issued by the president and having the full force of law

nominate judges

(judicial powers) The president nominates judges to federal courts (all of them), and the Senate must confirm every nomination

presidential pardons

(judicial powers) the president’s authority to release or excuse a person from the legal penalties of a crime(s)

Executive Office of the President (EOP)

collection of organizations that help the president with policy and political objective. Serves the president’s interests and provides expert advice to help them achieve those goals (new bureaucracy)

Office Management and Budget

organization within the EOP that oversees the departments of agencies (new bureaucracy)

Counsel of Economic Advisors

organization within the EOP that advises the president on economic matters (new bureaucracy)

National Security Counsel

organization within the EOP that provides foreign policy advice to the president

four factors that affect presidential popularity/approval

cycle effect, honeymoon period, state of the economy, news worthy events

cycle effect

the predictable rise and fall of a president’s popularity at different stages of a term in office (factor of presidential popularity)

honeymoon period

early portion of cycle, when the president’s popularity is high, the president can be very effective with congress (factor of presidential popularity)

state of the economy

every president promises economic prosperity. Clinton was able to win re-election easily despite embarrassing accusations of sexual wrong-doing that would eventually led to his impeachment (factor of presidential popularity)

news worthy events

as a general rule unifying events boost a presidents approval rating while divisive events hurt the approval rating (factor of presidential popularity)

Presidential Succession Act of 1947

The original act of 1792 had placed the senate president protempro and speaker of the house in linear succession. In 1886 congress got rid of the congressional officials in line of succession with cabinet officers in the order of their agencies creation. In 1947 president Truman urged placing the speaker of the house back in line of succession. This set the current line of succession.

Smith v. Allwright (1944)

Between Lonnie Smith, a black dentist from Texas, and Allwright an elected official. In 1923 it was law for only white people to vote in the white primaries which was the conflict. Thurgood Marshall, part of NAACP, argued the case and the court ruled in favor of Smith citing 14 and 15th Amendments that the 1923 law allowed discrimination. (know how this connects to the voting rights act of 1965 and the 19th and 26th)

Gomillion v. Lightfoot (1960)

In Tuseego Alabama, the civil rights act registered tons of new black voters, after all these black voters came in the whites were outnumbered by blacks 4-1. Whites suddenly feared the thought of being ruled by blacks, the whites petitioned the state of Alabama for permission to redraw city boundaries. After the city boundaries changed from a saue to a 28 sided polygon omitting the black neighborhoods SCOTUS found it a violation of the 15th amendment as it prohibited ‘denying anyone the right to vote based on race, color, or previous condition of servitude.

political party

a group of citizens united by ideology and seeking to control the government in order to promote their ideas and policy

Purpose of Political Parties

-provides linkage between voters and elected officials, overcome some of the fragmentation in government that comes from the seperation of powers, provide an articulate opposition to the ideas and policies of those elected to serve in government

Electioneering

the process of getting a person elected to public office. this consists of candidacy recruitment phase, nomination phase, defining the policy agendas, and general election

National Party Organization

national committee members are elected by national convention

interest group

organization of individuals who share common political goal and come together for the purpose of influencing government decisions

representation

bring their members views to all three branches of government making sure that their concerns are adquicently heard

state party organization

state party committees members are elected by party votes or lower level committees

local party organizations

county committees or state senate or judical and congressional district committee’s members are elected by voters

Substantial Law

Law whose content or substance defines what we can or cannot do. Ex. JayWalking, Murder, Arson, Littering, Tax Evasion

Procedural Law

Law that establishes how laws are applied and enforced and how the legal proceedings take place. Ex. How evidence is gathered, How bail is determined, How questioning takes place, jury instruction

Criminal Law

Law prohibiting behavior that the government has determined to be harmful to society, a violation of criminal law is called a crime. Ex. Wreckless driving, Arson, Terro

Constitutional Law

Law stated in the Constitution that the body of judicial decisions about the meaning of the constitution handed down by courts. Ex. Barnette, Tinker, TLO, Fraser, Gideon, Brow, Voting Act of 1965 (civil rights bill)

Jurisdiction

The courts authority to hear particular cases. Most cases fallen under jurisdiction of state courts. Cases go to federal courts only if they qualify by virtue of the kind of question raised or the parties involved. Two system state and federal. Once a case is in a system it almost always stays in that syste,

Federal System

United States district courts: there are 94 courts including 3 territorial. United States Appeals: 12 circuit court. Supreme Courts of the United States: top court.

State System

State Trial Courts: very individual, superior court, domestic relations court, circuit court, probate court, county court, municipal court, justice of the peace, police magistrate. State Intermediate Appellate Courts, State Supreme Court (the court of last resort) After this court it can go to the supreme court if a constitutional question is involved.