Politics Exam 2

Civil liberties

protections from improper government action

• either guaranteed explicitly by constitution (3rd amendment)

• or determined by courts to be implied by constitution (right to privacy)

civil liberties vs civil rights

civil rights—> right to participate/do something for you individually ie. vote

• equal treatment BY the government

civil liberties—>protects you from government inflicting harm on you

• protection FROM the gov

hamiltons views towards BOR

hamilton said constitution didn’t need to say what the government can’t do because it should already be implied that if constitution doesnt say the government can do something its not allowed

• he was wrong

Barron v Baltimore (1833)

• debate on whether BOR applies to staets

• property dispute, 5th amendment says that private property can’t be taken for public use without just compensation

• SCOTUS ruled that BOR only limits what congress can do, not state governments

• 14th amendment—>no state can make or enforce law that shortens privileges or immunities of citizens

• baltimore won

Griswold v connecticut

• rights explicitly expressed in BOR also implicitly carry a right to privacy

• increased civil liberties

trustee model

representative should vote for national interest even if it disagrees with majority in their district

delegate model

representative should reflect preferences of district even if it votes against broader national interest

• house of representatives is more of a delegate model because the terms are only two years—>reelected more frequently—>have to pursuade people in area to vote for them

• sociological and agency representation

principal -agent relationship

when one person (agent) acts on behalf of another (principal)

• when principal wants something done, they delegate it to agent

  • voters=principal

  • voters delegate authority to officials, senators, etc.

• question of how doest the principal make sure the agent does the thing they want them to do

  • sociological representation and agency representation (both delegate)

sociological representation (descriptive representation)

question: how do we best ensure that agents (reps and senators in congress) will do what principals (voters) want?

first theory (delegate model): sociological rep

• someone who is like you is better at representing you

• theory that agents (congressmen) are more likely to represent thier principals (constituents) if the agents are more like thier principals when it comes to socioeconomic status, religion, ethnicity, etc.

  • hard for congress to be representative of everyone

  • lots of congress dont want to truly state religious affiliations to relate better to constituents

agency representation

second thoery for question of how congress will do waht voter want

• substantive representation

• theory that what makes you an effective agent is that you can be fired

• congress person being fired=losing reelection

• DELEGATE MODEL OF REP

constitutional powers of congress

• necessary and proper clause

  • congress has implied powers to carry out explicit powers

• legislative process is mostly not explicitly stated in constitution

gerrymandering

strategic manipulation of electoral district boundaries to give political party/group unfair advantage

• state legislatures draw boundaries

symbolic representation

when representatives represent their constituents values/beliefs/backgrounds

pocket veto

• president did not officially veto, but president never signed and congress adjourned so it didn't get passed

logrolling

legislator agreeing to vote/support each others preferred bills or amendments for mutual benefit

differences between house and senate

House:

• rep based on population

• elections every 2 years

  • thus directly and rapidly reflects citizens’ preferences

• centralized power

• procedures governed overwhelmingly by formal rules

• limitations on debates

• majority party generally gets what it wants

House:

• two senators per state

• elections every 6 years (staggered)

  • less subjected to rapid shifts in public opinion

• power evenly distributed

• formal rules are important but personal relationships also are crucial to passing legislation

• no required limitations on debate (need cloture vote of 60)

• minority party very powerful

expressed powers

• explicit powers given to federal gov by US constitution

implied powers

delegated powers

the powers given to the executive by congress

• ex.. creating new federal agency

  • department of homeland security in 2002

most open: congress grants broad powers to acheive some outcome w/o guidance

partially open: relatively precise laws, agencies fill in details by making rules

closed: law is precise and complete (ie. income tax laws/tax brackets)

inherent/implicit powers

a power not derived from another power, either due to sovereignty or a loose interpretation of the constitution

merti based civil servants

bureaucrats—>hired based on performance and qualifications rather than spoils system

mccolloch vs maryland

• congress has implied powers to carry out explicitly stated powers

  • necessary and proper clause—>cognress possess powers not explicitly written in constitution

• mccolloch: cashier of baltimore branch of national bank

• Maryland: passed law to tax any bank operating in state not chartered by maryland

• mccolloch refused to pay tax

• MCCOLLOCH WON

marbury vs madison

• beginning of judicial review

  • adams (presdient) appoints a bunch of justices in final days in office

  • the appointments aren’t delivered by Marshall

  • marbury wants his appointment to become a judge, but new president, jefferson, doesnt want to do it

• If marshall sides with marbury, jefferson will ignore it

• if marshall sides with jefferson, it will look like he is sucking up

  • ruling for either side will hurt the legitimacy of supreme court

• marshall rules with jeffereson, saying that judiciary act of 1789 that gave courts power to make officials do their job was unconstitutional because congress doesnt have authority to give courts that power

• savage

amicus brief

“friend of the court”

• argues the court should or shouldnt take up a case from someone unrelated to the case

• can also give input on how they should rule

effects on supreme court ruling

stare decisis

legal principle of deferring to the precedents established by past decisions

executive order

a directive to a federal agency establishing new policies or indicating how an existing policy is to be carried out

red tape

writ of mandamus

14th amendment

says no state can make or enforce a law that shortens priveledges or immunities of citizens

• applying BOR into state and local governments by incorporating rights into 14th amendment

habeas corpus

• you cannot hold poeple wihtout reasonable suspicion, except in cases of rebellion or invasion

• article 1, section 9

9th amendment

rights shall not be construed to deny or disparage other rights retained by the people

no ex de facto law shall be passed

article 1, section 9

• cant be punished for an action you did before it was illegal

steps of a bill to law

1. introduced to congress and assigned to a committee

2. usually then referred to subcommittee

3. bill goes through “markup”/amendment process

4. repeat step three in the larger committee

5. in the house it goes to rules committee, in senate directly to the floor

   1. this usually means the majority party in the house gets to decide whether a bill is voted on at all

6. conference committee to reconcile differences in house and senate versions of bill

7. president signs or vetoes

agenda control

control over set of choices available to others

Bias against action

• wayyy easier to kill a bill that to pass one

• caused by large number of veto players and veto points and agenda control ( speaker of house party affiliations)

• two step process in each chamber

  • committee with jurisdiction authorizes spending

  • appropriations committee appropriates the spending

  • each of these must pass in house and senate

President head of

government and head of state

• this is different from other countries

• parliamentary systems: ex. UK head of gov is prime minister and head of state is royal famliy

Presidential powers

• commander in chief

• pardon power

  • forgives or reduces punishment for criminals

• appointments of ambassadors, secretaries of federal agencies, and supreme court justices

• take care that laws be executed

• convene and adjourn congress

• sign or veto bills

Modern presidency

• executive branch expanded as bureaucracy grew since there were more policies to be administered

• president has become the dominant legislative actor

bureaucracy

a complex structure of positions, tasks, and rules in which individuals have specific responsibilities and work within a hierarchy of authority

• bureaucracies implement laws or policies, and are part of the delegated powers

  
  

1. hierarchy

2. specialization

3. impartiality

4. explicit rules

5. merit

regulation

1. written by an agency

2. inspired by finding ambiguity in the law

3. interest groups submit comments seeking changes

4. can be blocked or changed by an interest group or by a resolution passed by congress

5. has the binding force of law

bureaucracy relationship with congress and president

• bureaucracy is agent, congress and president are principals

• funding (and existence) depends on congress

  • may be changing due to dismantling of USAID

  • for now they largely report to congressional committees are are audited by congress

• president controls bureaucracy mainly through appointments

  • and through exec orders

Bureaucrats incentives

1. greater authority and autonomy

2. to do good

3. job security ( and advancement)

   1. unlikely to boost personally from increasing efficiency or effectiveness

   2. would be punished if an innovation created problems, so they dont try new things

merit based civil servants

• created by pendleton act

• beneftis:

  • no spoil system

  • expertise is developed

• drawbacks

  • long-serving civil servants absorb culture of agency

  • lack of turnover decreases responsiveness to citizens and elected officials

    • long serving civil servants are better at hiding information

agency capture

when the industry that an agency regulates gains control of agency

POV someone working for an oil company gets a job in EPA

Iron triangle

existing between agency, industry, and congress

1. congress wants interest group support so they can be reelected

2. bureaucracy wants continued funding (and existence) from congress

3. interest groups (generally) want less regulations

Result: bureaucracy often turns to interest groups to save them

supremacy clause

federal law is superior to state law if it is constitutional, the constitution is the supreme law of land

6 tools for ruling (scalia and breyer discussion)

1. text

2. history of writing that text

3. tradition (what the text meant at the time)

4. precendent (past decisions)

5. purpose of the law

6. consequences

• breyer: you should focus on 5 and 6 and conservatives only use the first four

• Scalia: limitations in the text matter and that assuming the purpose ignores the limitations

legislation

• written/introduced by senate or congressperson

• inspired by anything, not violating constitution

• altered in committee

• many players in congress who can veto or influence it

• has binding force of law, often too vague for “binding force” to be enforceable