Gov Unit 2

Federalist 51is about

specifically structuring the government to be power VS power, “ambition must be made to contact ambition”

Madison was inspired to write Fed 51 from

Montesquieu “The Spirit of Laws” about GB three branches

House members

435 (non voting from DC, Puerto Rico, U.S. V.I., Guam, northern Mariana islands) dependent on populations of each state with 2 year terms

Senate members

100, 2 each state, 6 year term with ⅓ up for reelection every even year (originally chosen by state legislature) can be different parties (Maine, Wis, Penn, VT) and often vote for party over state

The most powerful person in the house

speaker of the house (3rd in line for POTUS)

The most powerful person in the senate

majority leader

The house speaker

can be anyone: control which bills to the floor, appoints committee chairs, steers rules committee (how long a bill is debated), presides over house debate

To remove house speaker

9 members (of majority party) may ask for a vote to remove

The house majority leader

like speaker VP, maintains order while speaker is working

Minority leader

try to stay united in opposition to majority

Whips

ensure discipline, must know who is voting for what: get ppl to vote for what they want, margins

Senate prez pro tempore

longest serving member of majority party (symbolic but 4th in line for POTUS)

The prez of senate (VEEP)

only votes in tie

Appropriations standing committee

H/S how to spend federal money

Ways & Means standing committee

H tax, tariff, revenue raising

Finance standing committee

S senate ways & means

Rules standing committee

H controls how bills are debate

Logrolling

trading votes

Pork barrel legislation

includes other things so other people vote

Conference committee

house & senate iron out differences because need to pass exact same bill

2 forms of bill passage

1: signature = law, 2: 10 days doesn’t sign = law

How to override a veto

⅔ both chambers

Pocket veto is

10 days unsigned and congress not in session = veto

Signing statement

POTUS & executive branch agree to bill but will not enforce all parts

All bills with money originate in the…

house (Ways & Means)

Committee of the whole allows

just 100 house members to be present to do unofficial business, it is regularly half at 218

Discharge petition

pulls a stalled bill out of committee: needs 218 votes

In the senate, debate is…

less formal, time is not limited, bill can change after committee (unlike house), can attach whatever amendments

Riders are

unrelated amendments (especially in the Senate)

A christmas tree bill

has a lot of riders (especially in the Senate)

The filibuster

allows the minority party to delay passage by ‘talking to death,’ certain things like spending can’t filibuster and only need 51 votes

A filibuster requires what to end?

a cloture vote of 60 votes: that is why (almost) everything in the senate requires far more than simple majority at 60 votes

Why does the filibuster still exist?

conversation between parties and each party likes it when they are the minority

What are appropriations bills?

authorize spending gov funds, 12 bill needed for the 12 accounts that congress funds each year from subcommittees (senate needs 60 votes)

Can’t pass one of the appropriations bills = shutdown, so often what is passed?

continuing resolution (same spending as last year, only a temporary fix)

Mandatory spending is

$ already agreed to be spent, entitlements & interest

Discretionary spending is

what is decided to be spent (military, housing, schools, etc.) & takes 60 votes

Budget deficits are

spend more money than bring in

Budget surpluses are

brining in more money than spending

Congressional oversight is

part of congresses’s implied powers: congressional committees have the power to investigate & examine actions of executive branch agencies to ensure the executive branch is following laws passed by congress

Congress can compel to talk to congress & put under oath in order to

score political points and begin impeachment of executive or judicial branch members (Congressional oversight power)

congress assess executive efficiency by

checking spending & disbursement, and addressing level of funding for executive agencies (Congressional oversight power)

Non justicable means

not the job of courts

Malapportionment means

different number of people in voting districts

Baker V Carr 1962*

SCOTUS ruled apportionment questions are justiciable in courts & not strictly political: based on 14th’s equal protection clause, stated constitutional principle “one person, one vote”

Reynolds V Sims 1964

upheld BvC, SCOTUS ruled state legislative districts must be roughly equal to # of people (14th amendment) & states cant model their senates on U.S. senate (states must have properly portioned senate to people)="legislatures represent people not trees or acres”

Wesberry V Sanders 1964

SCOTUS says U.S. congressional district must be roughly equal in people: based on article 1 of the constitution (same principles of RvS & WvS but U.S. cong districts)

Gerrymandering

altering lines of voting districts to give one group an electoral advantage: originally partisan purpose (SCOTUS says partisan GM non justicable)

Shaw V Reno 1993*

I85 district, SCOTUS prohibited districts so "bizarre" in shape to be solely based on race: SCOTUS applied strict scrutiny standard on 14th equal protection classes (& applied all times with treating people different on race when redistricting)

Strict scrutiny is

assume unconstitutional/skepticism unless compelling state interest

Allen V Milligan 2023

argued AL is packing black voters: SCOTUS says they discriminated & AL needs 2 not 1 African American districts

Louisiana V Callaris 2026

goes against AvM, says just because it seems to discriminate doesn’t mean it is, unless purposeful w/ proof

3 theories of representation

Delegate, Trustee, & Politico models

Representation is complicated by

I owe the people in my district V for the USA V for political party V money from Lobbyists V conscious

Delegate model

“do what I tell you” listen to voters, but only if clear sense of what voters want (politicians like this)

Trustee Model

“IDK, what you think is best” (politicians don’t like)

Politico model

“do what you think is best, unless I don't want you to” What’s important? To whom? When? (worst for politicians)

The POTUS as head of government…

makes sure laws are “faithfully executed,” creates executive orders (make a law within certain areas), appoints judges, justices, & others (senate confirms POTUS nomination)

The POTUS as head of state…

receives ambassadors, creates executive agreements (often on enviroment & trade, foreign policy treaties w/out senate), appoints ambassadors (nominates, senate confirms), makes treaties (⅔ of senate agrees)

The POTUS has the power to say no through

veto, signing statement, impounding of funds (exec branch is supposed to distribute money, can choose not to), executive privilege (POTUS can prevent congress from hearing private conversations [normally military, famously attempted at Watergate])

Federalist 70

by Hamilton, wants 1 individual because can be held accountable and be active (get stuff done, increasingly grown in power) argues need fro strong executive branch & POTUS because : national security & gridlock (cong is designed to be slow)

POTUS who expanded power

Andrew Jackson, Lincoln (civil war), Theodore Roosevelt (bribes for Panama canal, nat park exec order), Woodrow Wilson, Franklin Roosevelt (Great Depression), Lyndon Johnson (Vietnam, although takeback)

Power takeback from exec

Gulf of Tokin Resolution increased >failure of war> War Powers Act gave power back to cong

Amendment 22

2 terms for POTUS

Lame duck phenomenon

greater criticism from own party because last term

POTUS immunity created by

Trump V U.S. 2024 criminal prosecution: since POTUS, if doing POTUS things, whatever doing not criminal [triggered Biden attempt at “no one is above the law amendment]

Bully pulpit

how POTUS get message to public (using platform & position to communicate to public about what they want), ex: state of the union address, social media, fireside chats

Article 3

briefest of all on judicial branch, says SCOTUS exists & congress creates the rest

Federalist 78

wanted independent judicial branch based purely on the law, but other branches put judges on bench, says needs lifetime & can’t decrease pay

Marbury V Madison 1803*

John Marshall delivered letters to prove judge > jefferson & madison not federalists > Marbury never got paper, Madison says won’t give Judiciary Act 1789 said go straight to supreme court & say want command to be given letter, thus Marbury V Madison with John Marshall as head justice used it to add power to the court (doesn’t want to issue order and loose power to courts) says Judiciary Act 1789 is unconstitutional: made decision on that part of Act unconst thus judicial review

SCOTUS by nature a conservative institution, wants to stay consistent through use of…

precedent: all similar cases ruled the same way

Stare decisis =

let the decision stand

SCOTUS does change mind (though makes people lose faith, but often because people on courts change)

Plessy V Fergusion > Brown V Board, Roe V Wade > Dobbs V Jackson Women’s Health (got rid of right to privacy for abortion)

Judicial activism

constitution a “living document,” how reflect the present day and “legislation from the bench” judge does not equal make criticism

Judicial restraint

focuses on “OG intent,” textualism (what are the words & plain meaning) & originalism (OG intent but not apply to how things are in the current day)

Issue of Lifetime tenure

lifetime severance on good behavior on article 3, remedies by: delay implimentation, const amendment, judicial appointments to change ideology, congress legislation & legislation to restrict composition & jurisdiction of court (term limits?)

What does the bureaucracy do

implements policy & creates public policy:

1) writing & enforcing regulations (most important)

2) issuing fines

3) testify before congress (congressional oversight)

4) forming iron triangles

5) creating issues networks (temporary networks that find common ground on some goals, ex: tourism & enviro)