posc150 exam 3

Government Insututions

A system of separated and checked powers

Congress

legislative power

President

executive power (carries out laws)

Courts

Judicial power (interprets laws)

Federalist papers on government

You are out of luck if you are hoping for angels, we are not angels and we selfish and will fight for ourselves, will debate and argue

Founders answer to the problem

ambition must be made to counteract ambition

Founder’s answer to the problem keys:

• Create the separation of powers

• Keep ambition in check and balances

• the only way to rein us in was to force us to police each other

• does not mean all branches are equal in the founder’s eyes

Who has the power?

Congress

Which is the only one elected by the people?

Congress

For the founders their vision was:

Congress would be at the center, most power, and most beloved and connected to the people

In reality, Congress is extremely hated

What are Congress’ consisitional jobs?

Make laws for the whole nation and represent local constituents

Making laws for the whole nation example:

Article I: gives a long list of powers to Congress (plus any power that’s “necessary and proper” to do their job)

Representing local consisitents example:

Policy representation (voting for laws constituents want),
Allocative representation (getting funds for the constituency), and Symbolic representation (standing for constituents identities and values)

Partisanship

Lawmaking controlled by the majority party

Lawmaking is controlled by the majority party, which decides

Who runs the whole House and Senate, the agenda for what laws get worked on, who sits on which committee, and how to oversee the other branches

The rules are:

Winner takes all - whatever party has a majority in the House of the Senate controls the House or Senate

Trade Act of 1974

Congress gave their power away for tariffs

Almost all proposed laws die because:

To become law, house, senate, and president must approve and has to pass every step before a new congress is elected

Passing the house:

Bill sent to committee, chair decides whether to work on it or let it die, committee debates and votes, majority vote to move bill forward (or it dies), whole house debates the bill and votes

Passing the senate:

Bill sent to committee, Committee debates bill and votes, Whole Senate debates bill and votes

Passing both houses again:

The Conference committee resolves differences between house and senate versions, both houses debate and vote

To the president’s desk 

Signs into law or vetos

The President's limited constitutional power:

Formal executive powers, Inherent executive powers, Formal legislative powers, and Formal judicial powers

Formal Executive Powers:

The president can carry out laws (but only whatever laws congress writes), command military (but can’t declare war or control funding), and can make international treaties (if the senate approves)

Inherent Executive Powers:

Powers that presidents say are implied the power to wage “war”, make foreign policy, and choose how to carry out laws

Formal Legislative Powers 

The President can recommend laws to congress (but congress free to ignore) and veto bills (but congress can override that veto)

Formal Judicial Powers 

The President can nominate judges (but senate votes to appoint them) and pardon those accused of crimes (except impeachment)

Presidents figure out who has formal powers in the constitution, and try to influence them...

personally or through the public

Executive orders:

instructions for rest of executive branch

Going it alone with executive orders:

The interpretation of those powers is up to the courts and the next President might reverse all your orders

When the same party controls all branches:

not much separation or checking

When different parties control different branches:

lots of separation and checks

What happens if the supreme court rules that a law is unconstitutional?

It is immediately overturned

Who decides what issues come up for a vote in the senate?

The senate majority party leader

Assume the majority party wants to work on an issue. Where's the first place the issue is discussed and voted on?

The committee in charge of that policy area

Judicial review:

The courts power to decide whether a law or government action is constitutional (Claimed by the supreme court itself in Marbury v. Madison (1803)

The Politics of appointing judges:

Stakes are high: power of judicial review, and a job for life

Who nominates Supreme Court Justices?

The President nominates and the senate approves

Only approved by the Senate if:

If the majority party leader puts the nomination up for a vote, the committee has hearings and a votes, and 50% majority vote in the full senate 

How a case becomes a precedent:

Appealing up to the supreme court, The supreme court grants "cert", The justices decide, What affects justices' decisions?

9 justices on the supreme court - how many must vote to sign onto a case

4

How long does each side get in front of the Supreme Court?

30 minutes

How a case becomes a precedent:

Common law system: precedent guides judges decisions
(Supreme court cases set precedent for whole system)

When the supreme court grants “cert”, that means

Petition for a writ of certiorari

When the justices decide on a precedent:

Both sides file written briefs explaining their position, Oral arguments, and Justices privately cast votes

What affects the justices' decisions?

Philosophy on how to read the constitution and law, Philosophy on how active/political the court should be, and Partisanship and ideology

Philosophy on how to read the constitution and law:

Strict constructionist (Read text literally, think what authors wanted) OR Judicial interpretivism (Interpret text according to our times and values)

Philosophy on how active/political the court should be:

Judicial restraint (Don't make laws stick to precedents) OR
Judicial activism (Court can overturn precedent, make laws)

Selective incentives are necessary for some interest groups because

collective benefits cannot be kept from those who do not join the group

Social protests are used by groups that

are shut out of more traditional avenues of political action

Political action committees, or PACs, are

the fund-raising arm for interest groups

Interest groups often provide selective incentives, which are

benefits available only to group members

The activity of persuading policymakers to support an interest group's policy position is known as

lobbying

Many interest groups face the ______ when recruiting members who can gain the benefits of their activities whether or not they join.

free rider problem

Which of these is an example of an economic interest group?

agricultural interest groups

Billy is interested in lowering the speed limit on a major road near his house. A citizens' group has formed to lobby the city council to take this step, but Billy decides not to join it because he knows he can benefit from the group's work if it is successful without contributing to its effort. In this instance, Billy is ______.

behaving like a free rider

Lobbyists seem to employ direct lobbying strategies most often when trying to influence the ______.

Congress

One can generally distinguish between interest groups and other social or political clubs and associations because interest groups ______.

seek to influence public policy

Which of these would count as a collective good?

clean and unpolluted air

American democracy features challenging "gaps" between

Between voters and representatives and between separated government institutions

Groups form to lobby for some collective good:

a public benefit that can't be denied to anyone who wants it

Free rider problem:

if everyone is going to get the benefit, why would anyone pay the costs of starting/joining a group?

Solving the free-rider problem 

Groups offer selective incentives (benefits you only get if you join)

What benefits do they offer?

Material benefits (tangible rewards)
Solidary benefits (social interactions)
Expressive benefits (opportunities to express your values)

A benefit from an interest group that you only get if you join up

selective incentive

The interest group got more meetings with policymakers when they described themselves as

active political donors

Interest group lobbying

persuading policymakers to back the group's position

Interest group strategy of direct lobbying:

Influence policy by interacting directly with government officials  

What is the challenge of direct lobbying?

how to access

How to direct lobby:

Hire a professional lobbyist to set up meetings OR donate to policymaker's campaigns via PACs

Interest group strategy of indirect lobbying:

Influence policy by mobilizing public to pressure government

How to indirect lobby:

Get your members to contact policy makers OR share public opinion with ads and protests