We The People - Section 3 Study Guide-5 (1)

What is an Executive Order

What is an Executive Order

An order or directive issued by the head of the executive branch of government (President), which becomes law
 Executive orders can be overridden if the Senate does not pass funding for
the order or passes legislation, which conflicts with the order
 President can still veto the legislation, but Senate can override the veto with a
2/3 vote

Treaties

Diplomatic Power: Article II, Clause II: He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur;

• President takes the lead in Treaty Making, but Senate must approve treaties with 2/3 vote. Presidents often bypass the Senate by reformulating treaties into Executive Orders.

• This is because President is Head of Office and Chief Representative in relationis with other nations.

Veto and Pardons (amnesty)

Military power in the Domestic Sphere: Judicial
Constitution, Article II, Section 2: . . ., he (President) shall have
Power to Grant Reprieves and Pardons for Offences against the United States,
except in Cases of Impeachment
~Pardons and Reprieves (Amnesty)
1. Ford pardoned Nixon – 1974 (Nixon was not impeached, he
resigned)
2. Johnson gave amnesty to all southerners after the Civil War in 1868
(forgave them and allowed them to become American citizens again)

Three types of presidents

Hero President, Imperiled President, and Imperial President

What is a Hero President,

-Example of president

FDR was certainly seen by Americans as a hero for taking the Great Depression
head on as well the Empire of Japan and Nazi Germany.

What is an Imperiled President

-Example of president

President thats in trouble:

Richard Nixon became an imperiled (troubled / in trouble) President when the
Watergate Scandal became public and it became obvious that he engaged in
bribery, payoffs, domestic wiretapping and spying, break-ins and robbery.
m. The agencies who were supposed to be making sure this type of behavior did
not happen or at least make sure they did not engage in it were also
compromised (FBI and CIA).

What is an Imperial Presidnet

-Example of president

Assumes much power in the realm of foreign policy
- Can assume much power in the realm of domestic policy, but usually leaves
much domestic power with Congres

• Ronald Reagan (1980-1988) assumed great foreign policy power during the Cold
  War.

  • Started missile race again, began massive weapons buildup, increased foreign
    assistance to allies and friends; all done in competition with Soviet Union

What is the Presidential Cabinet

-What are some positions?

1. Sixteen Departments
2. All Department heads referred to as ‘Secretaries’ except the Attorney General
3. Example:

• Department = Department of State

• Head of Department = Secretary of State

  • Cabinet Positions

  • Vice President

  • Head of State, Defense, Treasury, Commerece, Agriculture, Energy, Education, etc.

What is the Executive Office of the President

-What are some positions?

White house staff. Made up of Analysts and Advisors- known as EOP

• Preforms specific tasks for the president

• National Security Council NSC

• Office of Manigment and Budget

Constitutional Clauses of Concern for Presidential power?

1. Necessary and Proper Clause – Article I, Section 8, Clause 18

2. Faithfully Executed Clause – Article II, Section 3

• Presidents have used the Necessary and Proper clause to their own advantage without
  consulting Congress by combining it with the Faithfully Executed Clause

  • Expressed powers must be faithfully executed. Expressed powers can only be
    utilized / faithfully executed by using implied powers.

3. Commander-in-Chief Clause – Article II, Clause I

• Presidents increasingly lead nation to war without being “called into actual service” by Congress.

• Military operations are rarely called wars and Congress rarely ever declares war

Positives and negatives associated with rationalization and irrationalization in bureaucracy.

-Max Weber and the Bureacratic life cycle

Bureaucratic Rationalization:

webbers description
a. Thinking clearly and neutrally (no emotion)
b. Weighing the costs and benefits of decisions
c. Goal oriented
d. Objective and un-affected by politics and religion

• Essentially, bureaucracy is,
  o Not charismatic
  o Not politically partisan (divided)
  o Not emotionally charged
  o Not religiously directed
  o Not irrational, it is not Congress!!!
  o Bureaucracy should not operate according to the whims of the masses.
  This could be dangerous

The Problem with Bureaucratic Rationalization
o Weber began to fear that too much rationalization would lead to a
“polar night of icy darkness”
o Polar Night of Icy Darkness: Government becomes an unreligious,
unemotional, completely rational, rule based entity, which simply wouldn’t
be any fun and would deny the human race its. . . . . humanity
o Essentially, the human race becomes trapped in an "iron cage”
 Another way to look at the problem
o Analysis Paralysis: Too much rationalization can lead to too much
political correctness, which can lead to the over-analyzing of situations
that lead to decisions, which are never made
o Bureaucracy can be so steeped in rules, procedures and endless chains of
command that nothing ever gets done as paperwork is shuffled to the
next bureaucrat and so on
o This is dangerous as bureaucracy can break down and become useless
 Let’s look at the Cycle below
o The Bureaucratic Life Cycle: Departments and agencies start strong, but
become weak. This is a cycle going from strong to weak and so on.

President Carer and the Bureaucracy

1. Is the most noted of post-WWII Presidents for changing the bureaucracy the most Civil Service Reform Act 1978 Merit Systems Production Board Federal Labor Relations Board Office of Personnel Management Senior Executive Service Zero-Based Budgeting 

President Clinton and the Bureaucracy

 -President William Clinton National Performance Review Top Down Approach

President W. Bush and the Bureaucracy

1. -President (George W.) Bush Dismantled NPR Privatization of Bureaucracy *More Efficiency and Cost-Savings

President Ronald Reagan and the Bureaucracy

1. President Ronald Reagan Reduced the size of bureaucracy the most Top Down Approach

What are the Three Categories of Law

criminal, civil, and administrative

Law Term: Original Jurisdiction

Authority ot initially consider a case

• Cases involving federal laws, income tax evasion, treaties

• Cases which concern the meaning of the Constitution

• Cases which are appealed

Law term: Plea Bargain

Admittance of some or all guilt for less harsh penalty

Law term: Appeal

• When a case is transfered from a lower to a higher court for a new hearing. The appealer is resorting to a higher authority hoping for reason, rationality or sympathy

Law Term: Writ of Habeas Corpus

Forces the lower court to show in an opentrial the reason or cause for dentention of defendant.

Law Term: Stare Decisis

Courts respect precedents set by previous cased. Essentially, it is defined as “let the decisioin stand”.

Law Term: Amicus Curiae

Defined as “friend of the court.” Written brief submitted by Solicitor General to Supreme Court justices with additional information on a case. SG may submit on his/her own or be asked by justices to submit. SG may ask citizens, interest groups corporations to help on amicus curiae. They may also submit to SG on their own. A case may have many Amicus Curiae briefs.

Law Term: Writ of Certiorari

Document used in appeal process to convince the Supreme Court to grant a hearing. Document explains why a case deserves to be heard by the Supreme Court

• The approval of 4 of the 9 justices on the court are needed for the acceptance of a Writ. Remember, only 70-80 are taken

• The accepted Writ is then analyzed by the justices and their staffs

Supreme Court Case Opinions/ Decisions (know three)

• Marbury v. Madison in 1803 established the concept of judicial review, defining the powers of the Supreme Court itself and setting the precedent for the court to declare acts of Congress unconstitutIonal.

• Brown v. Board of Education in 1954 abolished racial segregation in public schools. This overturned an 1896 Supreme Court decision,

• Plessy v. Ferguson, which formalized the long-held practice known as "separate but equal."

How does a case work its way up through the state and federal court system and what is the end result?

a federal court case: U.S District Court, if appeal, to US Appeals Court, then finally, U.S Supreme Court

A state court case: State Court, if appealed ,to State Appalete Court, then State Supreme Court, then finally U.S Supreme Court

Contributory Programs

Americans directly contribute through their paycheck Example A – Social Security Act, 1935: Financial aid for those in old age, survivors and who are disabled. Financed by taxation (forced or mandatory savings)  The idea of President Franklin Roosevelt  Example B – Medicare, 1965: Medical Insurance for old and disabled  The idea of President Lyndon Johnson as part of his Great Society (social policies) 

Non- Contributory Programs

 Americans do not contribute through paychecks, but through sales taxes and other types of taxes

3 of the five acts used to better education for children

•  No Child Left Behind Act 200

• Every Student Succeeds Act 2015

• National Defense Education Act NDEA 1958

Control of the public is key to producing and maintaining successful policy.

-What three techniques does the government use to control the public and the states?

a. Promotional Techniques
 Subsidies
 Contracting
b. Regulatory Techniques
 Police Regulations
 Administrative Regulations
 Regulatory Taxation
 Expropriation

c. Redistributive Techniques
Macroeconomic policies which manipulate the national economy in order to control the
public
 Fiscal (financial) Policies
 Tax Policies
 Monetary Policies
 Spending Policies

How has the conduct of foreign policy by President changed since WWII?

-Discussion of security and the major goals of the US foreing polocy

First security was obtained through Isolationism, then Deterrence,

Other officials in the US government did not like deterrence, but desired a policy
based on Appeasement or Preventive War

• major goals:

  • Security, Prosperity, Creation of a Better World

Security Policy: Isolationism

 US isolated itself by not becoming involved in alliances, treaties and wars with other major powers, especially in Europe, and focused on itself and its own continent – first, North America (Manifest Destiny) and later, Latin America

Three Goals of Foreign Policy

1. Security
2. Prosperity
3. Creation of a Better Worl

Security Policy: Deterrence

The development and maintenance of military strength to discourage attack

Appeasement: One nation will show peaceful intentions and give in or placate (give in / be nice) their competitor or enemy

Security Policy: Appeasement

One nation will show peaceful intentions and give in or placate (give in / be nice) their competitor or enemy

Security Policy: Detente

Detente is a period of improved relations between countries, typically involving a reduction in tension and hostility.

Security Policy: Preventive War

Preventive War is a military action taken to prevent an attack or threat from an adversary before it occurs.

Security Policy: Preemption

The US must strike first in order to prevent possible enemy attack

Supreme Court Case: Brown vs. Topeka Board of Education

Oliver Brown’s daughter Linda walked six blocks to catch a segregated school bus to her thirdgrade class at a segregated school while a white school was much closer. Oliver led 13 other African American parents in forcing the integration of the schools through the Supreme Court.
Decision of the Supreme Court:
Separate but Equal = Unconstitutional
Separate but Equal violates the Equal Protection Clause of the 14th Amendment
14th Amendment, Section 1:
All persons born or naturalized in the United States and subject to the jurisdiction
thereof, are citizens of the United States and of the State wherein they reside. No
State shall make or enforce any law which shall abridge the privileges or immunities of
citizens of the United States; nor shall any State deprive any person of life, liberty, or
property, without due process of law; nor deny to any person within its jurisdiction
the equal protection of the laws.
- The school board, city of Topeka and the state of Kansas was denying African
Americans full privileges, life and liberty through Separate but Equal (segregation)
- How can a state provide equal protection of the laws if that state does not provide
equal educational opportunities toward the attainment of knowledge?

Supreme Court Case: Miranda vs. Arizona

Ernesto Miranda was arrested on circumstantial evidence linking him to the kidnapping and rape of a woman
ten days earlier. Miranda signed a pre-written confession after two hours of interrogation. The confession included his own words and the words of interrogators

Issues:

• Miranda was never told of his right to counsel

• Miranda was not advised of his right to remain silent

• Miranda was never told that his statements would be used against him during the interrogation and on the confession he had already given orally

• The confession was not voluntary
  

The Ruling:
1. Coercive confessions (non-voluntary) are not admissible under the Fifth Amendment self-
incrimination clause and Sixth Amendment right to an attorney – unless a suspect had been made
aware of his/her rights and the suspect had then waived them
- Fifth Amendment: “No person shall be held to answer for a capital, or otherwise infamous
crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use,
without just compensation”
- Sixth Amendment: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of
Counsel for his defence”
2. Prior to interrogation, a person of interest must be clearly informed of the right to remain
silent
- Anything he/she says will be used against him/her in court
- He/she must be clearly informed that he/she has the right to consult with a lawyer and
to have the lawyer with him during interrogation, and that, if he is indigent, a lawyer will
be appointed to represent him.
3. Miranda's conviction was overturned