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parliament
-executive is called prime minister
-legislative is called parliament
-codependent, share power
-elected by the people, prime minister is elected by parliament from parliament
-more party loyalty
congress
-executive is called president
-legislative is called congress
-separate, independent branches
-elected by the people, president is elected separately from congress
-less party loyalty
objective of the Framer’s
to create a just government and to insure peace, an adequate national defense, and a healthy, free nation
bicameral
a legislative body having two branches or chambers
evolution of congress
overriding question throughout its evolution
article 1 section 8
lists what congress can or cannot do
filibuster
a stalling tactic used to talk a bill to death (only in Senate)
Republican Revolution
election of 1994, took office in 1995; first in 40 years that Republicans took control of BOTH houses in congress
gerrymandering
drawing district lines to help or hurt a specific group of people
House of Representatives
-based on population
-435 members total
-2 year term
average congressman
-white, male, mid 50s~
-studied law, protestant, upper-middle class
-uses gov. statistics
-House of Rep. changes faster than the Senate
leadership (Senate)
-president of the Senate (vice president)
-president pro-tempore
-majority floor leader
-minority floor leader
-majority whip
-minority whip
leadership (House of Representatives)
-speaker of the house
-majority floor leader
-minority floor leader
-majority whip
-minority whip
17th amendement
establishes the direct election of Senators; came due to corruption and public rallying for reform
standing committee
permanent committee in one house of congress that deals with similar bills
sub-committee
small permanent committee made up of members of a standing committee to speed up the legislative process
joint committee
temporary (conference) or permanent (library), more like a category than an actual committee, equal representation
conference committee
temporary joint committee made to iron out the differences between the house and senate versions of the same bill, equal representation
select committee
temporary committees in one house of congress designed to investigate one topic
rules committee
permanent committee in the house of representatives that sets the rules for debate, time limit for debate, and schedules for bills
incumbency
the advantage office holders have over competitors in elections: “I can do more for you.”
election of the president (Founding Father’s Plan)
-electoral college: each state gets votes EQUAL to their representatives in congress
-each member gives one vote; #1 becomes president and #2 becomes the vice president
have to vote for someone qualified
cannot vote for oneself
cannot give votes to the same person
presidential history
Early Presidents (Washington - Jackson)
-very few powers (unstressful) until Jackson
Congressional Domination (Jackson - FDR)
-exception is Abraham Lincoln; 100 yrs. of Framers’ views
Modern (FDR - present)
-started measuring approval ratings during FDR’s 4th term
-George W. Bush: handled 9/11 well = highest approved of modern times (congress gave him freedom)
-Donald Trump: lowest approval rating of modern presidents in the first month of presidency
2 category of presidential powers
powers executed without approval
powers that must have approval before being executed
powers of the president (alone)
serves as the commander in chief of the armed forces
commission officers of the armed forces
grant reprieves and pardons for federal offenses (except impeachment)
convene congress in special sessions
receive ambassadors
monitors laws to be faithfully executed
wield the “executive power”
appoint officials to less officers
powers shared with the senate
makes treaties
appoints ambassadors, judges, and high officials
powers shared with congress as a whole
approving legislation
pyramid method
departments feed into the top
-ONLY chief of staff has access to the president
-chief of staff acts as a filter
-used by Eisenhower, Nixon, and Reagan
Advantage: president saves time and less stress
Disadvantage: information can get lost or misinterpreted, president does not hear from experts (chief of staff can omit information)
circular method
president at the center and everyone has access to him
-used by Carter (switched to pyramid)
Advantage: president hears from experts
Disadvantage: president can be overwhelmed and can be time consuming
Ad Hoc
combination of other methods; multiple pyramids and the department of heads has access to president
-used by Clinton and Obama
Advantage: president hears from experts and is not overwhelmed
Disadvantage: president must be very organized and sharp; often has to mediate debates between dept. heads
president coattails
people vote for the same party as the president, expecting to earn support back
-not used in modern day
22nd amendment (1951)
written in 1947, applied in 1951 (caused by FDR serving 4 terms)
-the president is only elected two times maximum; with mid-term formula, the president can serve a max of 10 years
4 things a president can do with the bill
sign/approve the bill
veto/deny/reject
veto stamp and sign or veto override
sent to congress and reintroduced at step 1
have quorum, roll call vote, and 2/3 vote in each house present
pocket veto: receives and holds for 10 days
congress goes out of session, bill is dead; congress leaves session in December
automatic law: receives and holds for 10 days
congress does not go out of session within the set period, it passes without president signature
executive privilege
right of the president to NOT reveal information to congress or the court
Why? - Nixon trying to cover up Watergate scandal
U.S. vs. Nixon: executive privilege is stopped ONLY if a crime is committed or covering up a crime
bureaucracy
a large organization made up of appointed officials with authority divided among several managers
differences of U.S. bureaucracy
-shares management
-adversarial culture
money needs to be spent in order to have a higher budget
-public waste
wasted positions: multiple people doing the same roles
16th amendment
income tax goes up, bureaucracy goes down; income tax goes down, bureaucracy goes up
merit system vs. patronage system
patronage/spoils system: allows for the nomination of a position if one was helpful or responsible for the election of the president
-negated due to the Pendleton Act (assassination of Garfield): individuals who are qualified based on merit for government positions
constraints on U.S. bureaucracy
administrative procedure act (1946): before adopting a new rule or policy, an agency must give notice, solicit comments, and (often) hold hearings
freedom of information act (1966): citizens have the right to inspect all government records except those containing military, intelligence, trade secrets, or revealing private personnel actions
national environment policy (1969): before undertaking major actions affecting the environment, an agency must issue an environmental impact statement
privacy act (1974): government files about individuals, such social security and tax records, must be kept confidential
every part of the agency must be open to the public unless certain matters (military, secret trade, etc.) are being discussed
constitution regarding the bureaucracy
is NOT mentioned in the constitution of the United States, even though it is considered the fourth branch of government
budget control
if the agency is not following proper procedures, no funds can go into the budget
congressional oversight
congress possessing the ability to to monitor, review, and supervise federal agencies, programs, and policies
British courts
-parliament is supreme and no court may strike down a law that is passed
-weak judicial review
judicial review
-not in the Constitution + strongest in the world (U.S.)
-can overturn executive and legislative branches whereas parliament can only overturn parliament
-Marbury v. Madison: established judicial review
-writ of mandamus
-most important for checks and balances
judicial activism
judges use their personal view when making decisions, sometimes seen as overstepping (open view of constitution)
judicial restraint
judges limit their power, sticking strictly to the constitution (closed view of the constitution)
1781-1865 (founding → civil war)
-national supremacy and slavery
-McCulloch v. Maryland
-Dred Scott v. Sandford
-asserted supremacy of national government
1865-1937 (civil war → Great Depression)
-economic regulation
-14th amendment: private property is protected and states had to follow the Bill of Rights (states originally took property, violating the 5th)
-very narrow interpretations of the 14th and 15th amendments caused the Jim Crow laws
-African Americans were unprotected and were discriminated against
-lawmakers made discrimination based on illiteracy and economic status (lack of specification by the 15th amendment)
-placed important restrictions on the powers of the government
1988-present
-courts defer to legislative branches on economic regulations (letting it decide on economic policies)
-courts become focused on the rights of the accused and Civil Rights
-enlarged the scope of personal freedom and narrowed that of economic freedom
Framer’s view
the judicial branch would be the weakest
court packing
when a president attempts to fill the court with judges that share the same political philosophy
dual court system
-federal and state courts
-supreme in their respective courts of law
sovereign immunity
-cannot sue the government without their consent (only applies to the federal government)
most heard cases nationally
state courts
most heard cases in the federal system
district courts
class action lawsuits
-multiple people can join together to sue
-used in modern times with the encouragement of lawyers (get the most money)
-splits the cost of lawsuits
federal courts and how it is created
-established in article 3
-created by Congress with Supreme Court directly established (congress can create lower federal courts)
Dred Scott v. Sandford
-black people are property (even in free soil, a person is still a slave)
-Dred Scott could not sue because he was not a citizen and classified as property
-overturned by the 14th amendment
senatorial courtesy
(only in district courts) the senate nominates and the president confirms