American Politics 4 (SG)

Enumerated Powers

Powers that are Written (Listed in Constitution)

• Includes collecting taxes, pay debts, borrowing money, regulate commerce, coin money, establish post offices, protect patent and copyrights, establish lower courts, declare war, raise and support an army and navy. 

Elastic Powers 

Powers of Congress not listed in Constitution  

• Constitution allows Congress to make all laws “necessary and proper” to carry out enumerated powers

• called neccessary and proper clause

• Much of the debate over what is constitutional or unconstitutional is about the clause. 

Congress 

Powers added by amendments 

• Powers: Must certify presidential elections, picks president if no majority in electoral college, levy income taxes, determine person to be acting president

House

• Elected in districts within state 

• 2 year term 

• always elected by the people

• Larger (435)

• Rules are more formal 

• Debate limited (by time) 

• members less known

Senate

• Elected by entire state

• 6 year term 

• Until 1913 by State Legislatures 

• Smaller (100)

• Fewer Rules 

• Unlimited Debate Time (Filibuster) → extended 

• more known members 

Filibuster

Prolonged action (speech or speaking)

• Only in Senate 

• Started with the idea that senators should be allowed to speak as long as they like 

• Filibuster used as blocking tactic for bills 

Cloture

Added by Senate as way to shut off discussion (filibuster) on a bill

Rule 22

Debate stops if 16 senators sign a petition

• Then after two days 3/5th of senate vote in cloture 

• This is why 60 is an important threshold in the senate to get thing passed

Reconciliation

Does not allow filibuster

• only works on budgetary matters 

Senate Powers that House doesn’t have :

Ratification of treaties, Accept or reject presidential nominations, Supreme Court justices, all federal judges, ambassadors 

Congressional Perks and Privileges

• Salary : $174,000

• Personal staff : Average size of staff around 30 

• House, Staff, and Traveling allowance 

• Power of incumbency 

• Immunities : Not libel for speech or debate talk in Congress 

• Once in position difficult to change 

The Committee Structure

Both House and Senate have committees

• Why Committees ? - Created to better handle the legislature process, provide specialization on bills, committees concentrate on particular topic areas 

“Little Legislatures” 

Committee Reference to having powers over bills 

• Committees can decide the fate of bill before it reaches the full floor 

Sub-Commitee 

A subdivision of a committee for a specific purpose 

• Bills are referred to a committee, and the committee refers the bill to one of their subcommittees 

Chairperson of Committee

Controls timetable of bills, schedules hearings, schedules formal actions including voting on a bill in committee, for a bill to be voting by full chamber it must be first voted on by committee, refusal to act-table. “power to let a bill die”.

Discharge Petition 

Difficult and Rare event of the removal of bill from committee (allows bill to be pulled out of committee). 

Standing Committees 

Most important (permanent) 

Select Committee 

Limited time and specific purpose (but some around long and almost seem permanent). 

Joint Committee

Consist of members of both Chambers

Conference Committee

Joint committee to bring different versions of bills passed in each chamber together 

*****Lawyers write most bills 

• Bills goes off to committee after it is first introduced to house and senate 

• There is no Senate rules committee, only house rules committee 

How is Congress organized ?

By political parties

• Political parties are not mentioned in the Constitution 

• Constitution says the house and senate shall make own rules — so the majority rules 

• Majority party holds every important position of power 

Speaker of House

Position in technically nonpartisan (leadership in the house) 

• Reality - leader of majority party since the full house votes 

• speaker organizes party positions on bills 

• appoints members to committees 

• Presides over the house 

Selection Process for Committees (Steering Committee) 

• in each party 

• Select members of committees 

Committee Chairperson

Each and every committee chair is in majority party 

• Chairperson is usually the person on the committee with most seniority (longest)

• The number of people in each committee is determined by the ratio the majority has in the full chamber 

• - Current Speaker (Mike Johnson) schedule legislation for a floor debate and vote 

• Confers with rule committee on how debate and vote should proceed 

• The majority leader of house works with speaker (currently Steve Scalise). 

The Minority Leader 

Organizes his party position on bills 

• Currently Hakeem Jefferries 

• Whips - Assissts leadership in managing party’s legislative program 

• Current democratic whip Katherine Clark 

• Current Republican whip is Tom Emmer

How a Bill becomes a Law

Bill can be drafted by anyone, bills must be introduced by member of Congress 

• Sponsor - Congressman who introduces Bill 

• Budget- Bills- Fiscal- Money Revenue- Taxes (must be introduced in House of R)

• Bills are referred to a full committee 

• Full committee determines how likely to become a law 

How a Bill Becomes a Law pt.2 ***

Sub-Committee - work, study, hearings, revision, approval 

• Back to full committee- after sub finishes work-more hearings and revisions 

• Full committee votes for approval or lets the bill die 

•  If I approved by full committee, bills in the house goes to rules committee (floor) 

• Full floor vote- senate bills do not go to a rules committee 

• Senate leadership informally schedules actions for a bill 

How a Bill becomes a Law ** Pt.3

• Finally a vote - Bill is either approved or defeated

• If house and senate bills are different then must go to conference committee member of both chambers - words to match

• Then back to the floor of both houses to be voted on again

• If approved by both houses then presidential actions is now needed

• President signs becomes a law (act)

• Veto bill does not become a law

• Unless Congress overrides to veto with 2/3rds majority of both chambers

Pocket Veto

President does not sign or veto a bill- no signature 

1. If Congress goes out of session within 10 days the bill dies- does not become law 

• If Congress is in session after 10 days the bill becomes law without president’s signature 

House (Apportionment)

Equal population based on district getting as close to possible the same number of people in each district 

District 

Geographic area of state 

Reapportionment

Happens after a census and changes are made to districts based on a new population 

GerryMandering

Sometimes happens (shape of district altered in favor of political party in power). 

Redistricting 

Redrawing the lines (District Shape) by the state legistatures in each of the states 

• 2,000 congressional district map of Louisiana had seven districts 

• Every ten years the census determines new districts (2010 map of Louisiana) 

• Louisiana lost a congressman because of redistricting - reappointment

• Population of Louisiana grew, too slow compared to other states 

• Since the number of representatives in the house fixed at 435, the number are adjusted based on appointment

President 

First ever elected head of state 

• Salary $400,000

• expense income 169,000

• Free house, car, and jet 

• Presidents #47 ( men 45) ( women 0) 

• Lawyers (28), average age take office (54) 

• Christians (45), Protestants (43), Catholic (2) 

• White (44), African American (1)

Head of State ( Roles of President)

Term used to designate an official who holds the highest ranked position in state

• Power to act as the chief public representative of a sovereign state

• Presidential governments make no distinction between the positions of head of state and head of government

• Both positions are held by president

• In some countries are monarchs like UK

• Ceremonial - represent the nation

Ex. Attends foreign funerals or throws first pitch at baseball game.

Chief Executive (role of president)

Head of government

• Power role within government power to execute the laws

• Power of appointment and power of removal

• In charge of the cabinet departments, and various government agencies

• Power of pardon, grant reprives, court of last resort

Commander in Chief (Role of President)

Most important power of President 

• Civilian military control- developed in the constitution 

• a doctrine that places control of military in hands of elected official rather than professional military officers 

• war can only be declared by congress

• president has war time powers

• last word on military decisions 

• Ability to remove and replace military generals 

Football

Nuclear codes at all times with President

• ability to send troops to locations around without approval of Congress

National Guard

Government in control but the president can “federalize”

• President may also use military for peace within the U.S in enforcing law

War Powers Act (1973)

After Vietnam War

• Limit’s the presidents military action

• president must inform congress within 48 hours of military deployment

• If troops still in position within 60 days, congress can remove troops if they want

Chief Diplomat (role of president)

President shapes foreign policy of U.S 

• Selects secretary of state, ambassadors 

• diplomacy- the art and practice of conducting international relations 

• Negotiating alliances, treaties, and agreements 

• Bilaterally (between U.S and another nation) 

• Multilaterally (between U.S and several nations) 

• Sometimes the U.S executive branch enters agreements with international organizations 

Diplomatic Recognition

Gives president ability to recognize or not recognize the legitimacy of a foreign nation

• President has power to send and receive diplomas

• Foreign treaty must be approved by Senate with 2/3rd vote

Chief Legislator (role of president)

Laws are made by Congress

• President signs the bill in order to become law (in most cases)

• President may suggest, request, insist that Congress enact laws the president believes is needed

• President attempts to influence Congress through promises of patronage, favors, ad sometimes threats

Veto

President stops bill form becoming law

Veto Threat

Public or Private Threat to influence passage of bill or language in bill

• Congress can override a veto with 2/3rd vote in both houses

Today's Congress differs from the Congress of the 19th century in that it:

N/A

The highest priority for most members of Congress is:

Reelection and serving local constituents

Legislation whose tangible benefits are targeted solely at a particular legislator's constituency is known as:

Pork-barrel legislation

The authority of a legislature to make the laws necessary to carry out the government's powers is referred to as:

Necessary and proper clause

Use of personal staff by members of Congress to perform services for constituents in order to gain their support in future elections is called:

Casework

Congressional elections typically:

N/A 

The leader of the majority party in the House of Representatives, who schedules bills for debate and appoints committee chairs, is the:

Speaker of the House

The policy area in which a particular congressional committee is authorized to act is its:

Jurisdiction

A supervisory activity of Congress that centers on its constitutional responsibility to see that the executive carries out the laws faithfully is:

Oversight

The process by which a bill is introduced, referred to committee, debated, and voted on in both chambers before becoming law is described in the section on:

How a Bill Becomes Law ****

Power in Congress is widely dispersed due to:

The fragmented nature of Congress

A member's consecutive years of service on a particular committee is known as:

Seniority

The congressional election that occurs midway through the president's term of office is a:

 Mid-term or Off-year election

A proposed law (legislative act) within Congress or another legislature is a:

Bill

Even on low-stakes issues, lawmakers often exploit negotiation and floor debate to:

Attack opponents and promote their party's image

The Speaker of the U.S. House of Representatives is:

Chosen by the majority party in the House

Service in Congress was not seen as a lifetime career for most members until:

The early 20th century

Congress's oversight function is primarily conducted through:

The committee system

The Constitution was designed to foster compromise in Congress, but the framers did not anticipate:

Such intense partisanship

The U.S. Constitution vests the executive power of the federal government in:

The President

The president's role as the ceremonial head of the government is referred to as:

Head of state

The president's authority to negotiate treaties and conduct foreign policy is part of their role as:

Chief diplomat

The president's power to veto legislation passed by Congress is an example of their role as:

Chief Legislator (ROLE)

The constitutional requirement that the president must be a natural-born U.S. citizen, at least 35 years old, and a resident for at least 14 years is found in:

Article II

The president's ability to issue executive orders is an example of:

Statutory power

The term used to describe the president's ability to influence public opinion and set the national agenda is:

Bully pulpit

The president's role as commander in chief grants them authority over:

The armed forces

The War Powers Resolution of 1973 was enacted to:

Limit the president's ability to deploy troops without congressional approval

The president's power to appoint federal judges and executive officials is subject to:

Senate confirmation

The concept of executive privilege allows the president to:

Withhold information from Congress or the courts

The president's State of the Union address is an example of their role as:

Chief legislator

The 22nd Amendment to the Constitution limits the president to:

Two terms in office

The president's ability to shape policy through appointments to the Cabinet and federal agencies is part of their role as:

(Control over executive branch)

Chief executive

The term "imperial presidency" refers to:

A president who exercises excessive executive power

The president's role in overseeing the federal bureaucracy is most closely associated with their power as:

Chief bureaucrat

The National Security Council (NSC) advises the president primarily on:

Foreign policy and national security

The president's power to grant pardons and reprieves is an example of their:

Administrative power

The president's ability to influence legislation through persuasion and negotiation with Congress is known as:

Veto bargaining

The primary challenge for modern presidents in leading the nation is:

Balancing national priorities with partisan and public expectations

Chief of Party 

Helps party get elected 

• High public opinion and job approval rating the more effective the president is with the legislative agenda 

• President’s popularity extends to entire political field 

Coat Tail Effect (Freeloader)

Presidential elections- help other people of party get elected

Constitutional Power (Expressed power and Power of President)

In the Constitution

Statutory Power (Expressed power and Power of President)

Laws made over time- law- that grant president power

Inherent Power (Expressed power and Power of President)

Not expressed, powers that the job requires 

Emergency Power (Expressed power and Power of President)

National Emergencies Act 1976

• special presidential action because of emergency crisis

• Unordinary circumstances allow for actions normally not permitted

• President allowed to set aside law '

• Power to take control

• Supreme Court “emergency does not create power”

Executive Orders

Can be undone by the next president (force of law)

• President must fill in the holes of other laws-enforcement of law or treaties

• Establish rules or practices

• Must be published Federal Register

Abuses of Executive Power

Impeachment (Treason, Bribery, or other high crimes and misdemeanors)

• Impeachment accusation done by house vote (simple majority)

• After Vote of impeachment- trial in the senate (2/3rd) vote ← hardest

• No president has ever been removed from office

• Three presidents (A.Johnson, Clinton, Trump) have been impeached

• Nixon resigned before impeachment

Cabinet

President’s counsel consisting of heads (secretaries) of the most important departments in Executive Branch

• Originally 4, today it is 15 members (plus Vice President)

• Others can be cabinet level depending on president at the time

• Cabinet room at White House, uses the discretion of the president

Kitchen Cabinet

Informal counsel to the president

• Term established during Andrew Jackson’s presidency because they gather in the White House kitchen

• Friends, Family, and other the president happen to trust

The White House Office (Chief of Staff → White House Staff) 

Position evolved from early role of private secretary 

• Most powerful, president’s daily schedule, gate keeper, highest ranking employee, does not need congressional approval, president does not have to fill job (they can be their own staff) 

Executive Office of President

Created by Congress in 1939

• Staff assistance and support for executive bureaucracy/ president

• Several agencies and councils within office

• Includes most of the personal and political advisors to the president

Vice President

Constitution gives them 1 job to preside over Senate (they don’t do that job)

• Allowed to cast-tie breaking vote

• Presides over impeachment trials of federal officials- except for president

• Vice presidency has changed dramatically

• Vice president now important member of administration

• Member of national security council

• Usually picked by president and his campaign to balance ticket

Aide- Advisors 

Vice President is First 

• Eight Vp has become President after something happened to the president 

• **Constitution unclear if VP actually becomes president after assuming president’s role (VP assume they are)

• Incapacitated president (25th amendment)- must inform congress in writing to relinquish duties)

• If unable to communicate, a majority of cabinet & VP, votes (VP takes over) 

• If Dispute, 2/3rds vote from Congress is needed to allow VP to continue presidential duties 

The Presidential Succession Act (1947)

• Laws created for possible, unlikely events

• Upon death of president and vice president

• Other forms of removal- resignation

• Second in line - Speaker of House

• Third in Line- Senate president pro temp

• Fourth in Line - Secretary of State