uscong final

what does constitution say about presidency

-at least 35 years

-a u.s. born citizen

-have lived in US for min of 14 years

more on presidency

4 year terms

-22nd amendment say no more than 2(or more than 10 years if came to office via death, resignation, impeachment)

how can presidents be removed

impeachment for "treason, bribery, or other high crimes and misdemeanors"

impeachment method

-house vote to impeach by simple majority vote

-senate "tries" president-needs 2/3 vote to remove

when congress passes a bill, pres can

-sign into law

-veto

-do nothing(bill becomes law)

-pocket veto(pres does nothing but congress not in session)

line-item veto

allows president to reject parts of bill without vetoing the entire bill

veto threat affect policy how

It has a negative power to stop unwanted legislation

duties of president

-veto legislation

-act as administrative head of nation

-appoint top officials(some subject to senate consent)

-make treaties

-convene congress

-commander in chief

types of presidential powers

explicit and inherent powers

explicit powers

spelled out in constitution(parallel to enumerated powers for congress)

inherent powers

inferred from constitution-up to congress and courts to repudiate this or it become a precedent

executive order

a rule or regulation issued by president that has effect of law without congressional approval

recess appointments

pres can make temporary appointments while congress in recess

executive agreements

formal international agreements entered into by the president that do not require advice and consent from senate

executive privilege

An implied power that allows the president to refuse to disclose information regarding confidential conversations or national security to Congress or the judiciary.

signing statement

a proclamation issued by president to accompany a bill he has signed into law

presidential power to persuade

-importance of political skill

-pres must pick their battles

-have to garner support from other political actors

Neustadt "The Power to Persuade"

"presidential power is the power to pursue"

pres power in practice: "going public"

direct presidential appeals to electorate

-president goes over the heads of MCs to gain support from people who can pressure the MCs

importance of presidential popularity

presidents have more bargaining power w gov officials when they have high popularity

-can claim public behind them so if Congress goes the other way, they can look unresponsive

same party control effect on pres

-easier for the president to get what he wants if there is one party controlling

what does divided control do

leads to gridlock meaning not much gets done

partnership model

president consult regularly w lawmakers and involve them directly in policy and political affairs of white house

independent model

presidents minimize their involvement w congress and strive on their own to accomplish their top priorities

rally around the flag effect

the boost in popularity a president gains during a war or international crisis

categories of staff

white house office(personal staffers and aids)

chief of staff

national security advisor

communications director

executive office of president

-extended white house staff

-office of management and budget

-council of economic advisors

the cabinet

heads of the major departments in the executive branch and other key officials

reality of cabinet

-meetings may not be that important to pres

-pres do not often know cabinet secretaries well

-growth of WH staff and executive office or pres has eroded power of cabinet

bureaucracy

the organization and structure of complex organizations

public bureaucracy

an organization within the executive branch of gov whether at federal, state, or local level

federal bureaucracy

the departments and agencies within the executive branch of federal government that implement the nations law

how are bureaucracies structured

hierarchical-clear chain of command

bureaucratic units

1. departments

2. independent agencies

3. government corporations

departments unit

-largest units of the executive branch

-secretaries of departments form the presidents cabinet

independent agencies

-units that are not part of a cabinet department

-some are controlled by the WH

-others are regulatory commissions

government corporations

-perform services that could be handled by private sector, but Congress thinks the public is better served if these corporations are linked to government

patrongae/spoils systems

-jobs in bureaucracy are given to those who support the party in power

civil service system

-jobs in the bureaucracy given on the basis of merit, and workers can't be fired for political reasons

advantages civil service system

-expertise, fairness, continuity

what can't bureaucrats do under most merit-based systems?

partisan political activity

-bureaucrats can behave as they want politically in their private lives

-can't lead fundraising efforts, make speeches, work for the party, hold party office

-labor: can, organize but are generally not allowed to strike

what system does the U.S. use?

1. top administrators chosen by president

2. everyone else by civil service rules

what do departments/agencies do?

1. Provide services (health services, registering people to vote)

2. regulate

-economic competition(prevent monopolies, unfair business practices)

-safety, welfare, and morals (prescription drugs, content of media)

-licensing(of communications, businesses)

bureaucracy typical procedures

-congress passes a law about something, now it is the bureaucracy's to implement, and it has some leeway in deciding how to do

administrators affect the making of policies and laws

1. development of administrative rules/regulations(more specific rules for implementing general policies)

2. use of administrative discretion(over when to enforce policies and when to ignore)

3. bureaucratic drift(over time, discretion, broad policies can lead bureaucracies to slowly shift policy)

legislation is vague

not all agency regulations originate directly from statutes

chevron deference

the courts tend to defer to agencies - stemming from the Chevron U.S.A., Inc. v. Natural Resources Defense Council

-dictates that federal courts should defer to an agency's interpretation of a statute it administers, especially when the statute is ambiguous, unless the agency's interpretation is unreasonable.

Statutes

written laws enacted by legislatures

chevron reversal

-roll back of chevron(last few years)

-reversal of chevron(2024)

cheveron deference

-2 steps:

is the state ambiguous?

is the agency's interpretation of the ambiguous reasonable?

-if yes to both, court must defer to agency's interpertation

loper bright problem with 2nd chevron deference step

there is always one best reading of a statute

procedural politicking

-how rules are written

-timing of procedures

-strategically limiting/expanding consultation(participation)

the administrative procedure act of 1946

requires agencies to provide public notice of their intention to take action by publishing a proposed rule in the federal register(notice of proposed rulemaking)

notice and comment process

APA requires agencies to offer interested parties the opportunity to comment on proposals

notice and comment

-proposed rules must be published in the federal register

-public can comment on rule(30 days)

OMB's office of information and regulatory affairs

-reviews economically significant regulations

-can reject require revision, or approve these rules based on whether they are in line w pres policies and cost

guidance documents

statements agencies produce to flesh out their stances on particular issues

-use to make policy in place of formal rules

-allow agencies to evade APA procedures and oversight by Congress and OMB

-no full force of law

president control agencies

1. unilateral action (executive orders + pres memoranda)

2. OMB/OIRA

3. appointees

2 ways pres use appointees:

-to control agency

-for patronage

thickening the bureaucracy

-creating layers around appointees that require senate confirmation

how does pres use administrative power

-politicization of bureaucracy using political appointees

-thickening the bureaucracy

-transferring civil servants

-rulemaking

-executive orders

congressional review act

congressional review act

-requires agencies to submit all major proposed rules and regulations

-members then have 60 days from time regulation published in federal register to reject it via a joint resolution of disapproval

how can congress rein in administrators

-CRA

-oversight and investigations

-write very specific legislation to begin with

-write additional legislation after the fact

-power of the purse

-maintain informal contacts

-galvanizing public pressure against an agency(bills as threats)

police patrols

MCs search for bureaucratic actions that fail to conform to congressional expectations

fire-alarm

citizens and organized interests monitor the bureaucracy and alert MCs to abuses or neglect

what is principal-agent theory

-an approach to understand origins and implications of delegated authority

principal: pres or congress

agent: agencies or bureacracies

principle of principal agent theory

-an actor who enters into a construal relationship with another actor who is entrusted to take actions that lead to outcomes specified by the principal

-self-interest motivates both

-both face different incentives so self-interest of agents may not give outcome wanted by principals

delegation

granting of authority by a principal to an agent

discretion

delegated authority or leeway given to agencies

salience

when issues are high in salience, politicians are most likely to delegate less authority to bureaucracy

complexity

politicians delegate more authority to bureaucracy

legislative professionalism

delegate less to agencies

divided government

delegation becomes less likely

constitution establish weak judiciary

1. one supreme court, left it up to congress to decide structure

2. supreme court did not have a lot of power

judiciary act of 1789

set up system of federal courts independent of state courts but coexisted w them

judicial review in supreme court activity

led to increase in SC power

-established in marbury v. madison

judicial review

-power of courts to review acts of other branches of gov and states

-power of SC to declare congressional acts invalid because they conflict w constitution

marbury v madison

-SC became an institution on par w congress and pres

-judiciary now an important check

-gave SC the final word on the meaning of the constitution

constitutional interpertation

-interpretation of constitution to strike down fed, state, and local laws and actions

-congress can respond by amending constitution

statutory interpertation

-interpretation of bills passed by congress, signed by pres

-congress can respond to statutory interpretation it disagrees w by passing new legislation

levels of courts

federal courts

1. supreme court

2. appellate court- US court of appeals

3. trial court- US district courts

district courts

1st stop

-cover federal criminal cases, civil cases against national gov, between citizens of diff states

-94, each state has at least one and no district cross state boundaries

-each case heard by 1 judge + maybe jury

courts of appeal

2nd stop

-decisions by district courts + fed agencies may be appealed for review

-13, 12 cover circuits, 1 cover patents, fed contracts

-each case heard by panel of 3 judges-decide whether lower courts used right procedures, no jurors/witness,

-can uphold or overturn decision, if overturned another trial must be held

how does court of appeals effect decisions

-go beyond particular case at hand and can set policy

-can set precedent for later cases

precedent

a decision in one case that provides a reason for deciding a similar case in same way

-important because of bias in favor of pre-existing decisions

types of jurisdiction

original

appellate

original jurisdiction

-SC 1st stop for a case so it begins and ends there

-very limited

-cases "affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party"

appellate jurisdiction

-where most cases come from

-appealed for US court or final wrung of state court system

-must raise federal question dealing w constitution or federal law/treaty

how to become a federal judge

1. president makes nominations

2. confirmation

norm of senatorial courtesy holds for district and appeals court vacancies

-means that nominee must be acceptable to senior senator of president's party from the state where the vacancy arises

-if not, then the Senate Judiciary Committee does not schedule confirmation hearing

-effect is that senators and the president share nominating power

ABA renders assesement of qualifications of candidates

confirmation for federal judge

-senate judiciary committee holds a hearing

-senate votes-majority vote needed to approve

norms and procedures specific to SC

-no senatorial courtesy

-most have prior judicial experience in state/fed courts

-hard-fought invisible campaigns for seats on the court

how to become chief justice

-can be promoted from within

-can be appointed to the post

does politics matter in appointments?

yes

-ideological "litmus test"

-strategic retirements from bench

does politics matter in judicial decision-making

-judges personal political preferences clearly factor in, most believe in lawlessness of what they decide

-interest groups can try to pressure

strict constructionists

supports interpreting the Constitution as it was written and intended by the framers

judicial activists

judges should use their power broadly to further justice

judicial policymaking

-when judicial decisions in effect make law

-occurs when judges interpret prior judicial decisions, when interpert legislation or constitution

what power do judges have to make decisions binding

1. ability to appeal

2. enforcement ability

3. specificity of vases

ways congress can limit courts to achieve its policy goals

-withdrawal of jursdiction(can alter jurisdiction of fed courts)

-impeachment of judges

-increase/decrease SC size

-threaten to institute procedures SC might not want

-pass new law/amend constitution

-cannot lower salaries