Mid-Term 2 Exam Review: Congress, Presidency, Bureaucracy & Courts

Paradox of Congress

The public generally disapproves of Congress as an institution (low public opinion), yet they overwhelmingly re-elect their own representatives (incumbency advantage).

Public Opinion (PO)

The collection of individual attitudes about political leaders and issues; it's the foundation of democracy.

Incumbency Advantage (IA)

The benefit an existing officeholder has over a challenger, leading to high re-election rates (often 90%+ in the House). Key factors: Name recognition, proven ability to raise money (from outside relations/donors), and gerrymandering.

Partisan Gerrymandering

The process of drawing electoral district boundaries to give one political party an unfair advantage over another.

Gerrymandering Repercussions

The map is drawn to maximize the voting power of one demographic/party (e.g., 'packing' opponents into a few districts or 'cracking' them across many) and diminish another.

Delegate Representation

The representative acts as a mouthpiece for the wishes of their constituents. They vote the way their voters want, even if it goes against their personal judgment.

Trustee Representation

The representative relies on their own judgment and conscience, believing their constituents elected them to make the right decision for the national good.

Descriptive Representation

The idea that the representative's characteristics (race, ethnicity, gender, occupation, etc.) should mirror those of the people they represent.

Collective Representation

The idea that Congress as a whole represents the American people, and that an individual member's primary focus should be on national interests and the common good.

Qualifications for Office (House)

Age: At least 25 years old. Citizenship: A U.S. citizen for seven years before running. Residency: Must reside in the state he or she represents.

How a Bill Becomes Law

1. Proposal & Introduction: A representative introduces the bill. 2. Committee Review: The bill goes to a standing committee for intense review, debate, and amendment (most bills die here). 3. House Vote: If approved by the committee, the whole House votes (simple majority of 218/435 required). 4. Senate Vote: The bill goes through a similar committee process, debate, and vote (simple majority of 51/100 required, though the filibuster often requires 60 votes to end debate). 5. Reconciliation: If House and Senate versions differ, a Conference Committee (from both chambers) works out the final details. 6. Final Approval: Both the House and Senate vote on the exact final version. 7. Presidential Action: The President has 10 days to sign the bill into law or veto it.

Public Expectations

The public expects the President to deliver on everything—from low grocery costs to national security. These expectations are impossible to meet, fueled by campaign promises.

Constitutional Powers

Powers explicitly granted to the President in Article II of the Constitution.

Commander-in-Chief

Power to grant pardons, power to veto legislation, and power to appoint federal judges (with Senate approval).

Inherent Powers

Powers not explicitly granted by the Constitution but deemed necessary for the President to carry out their duties, often during a crisis. Example: President Lincoln suspending the writ of Habeas Corpus during the Civil War.

Inherent Powers Example

Responding to national crises (like President Bush's response to 9/11).

Delegated Powers

Powers that Congress transfers to the President (or executive agencies) through legislation, allowing the executive branch to carry out specific functions.

Delegated Powers Example

Congress creating a new social program and delegating the President/executive branch the power to establish the specific rules for administering it.

Cabinet

Heads of the 15 executive departments (e.g., Defense, State, Justice). They are nominated by the President and approved by the Senate.

White House Staff

The President's personal aides and assistants (Chief of Staff, press secretary). They are personally selected by the President and do not require Senate approval, making them highly loyal.

"Going Public"

The strategy where the President bypasses Congress and appeals directly to the American people to build support for his policy agenda.

Factors for Presidential Success

1. Public Approval: High approval ratings give the President leverage with Congress.

Bureaucracy

The vast collection of non-elected government departments, agencies, and corporations responsible for implementing federal laws.

Bureaucracy Organization

1. Cabinet Departments: The largest and most visible units (e.g., Department of Defense, Homeland Security, Justice).

What the Bureaucracy Does

1. Implement Laws: Translate broad laws from Congress into specific actions, programs, and procedures.

What the Bureaucracy Does Example

The EPA held Volkswagen accountable for falsifying emission levels in 2015.

Interaction with Congress & President

This is a system of checks and balances and mutual dependence.

Interaction with Congress

Writes the laws, controls the funding (power of the purse), and can create or abolish agencies.

Interaction with President

Is the chief executive (the 'boss'); appoints agency heads and directs overall policy goals.

Interaction with Bureaucracy

Puts the law into action and provides the expertise.

Difficulty Measuring Output

It's hard to measure the success of public services (e.g., how to measure the 'success' of the EPA or Social Security).

Inexperience

High-level appointees are often loyalists selected for political reasons, not always the most experienced experts.

Multiple Supervisors

Agencies report to the President, Congress, and sometimes the courts, violating the organizational principle of unity of command.

Duplication/Poor Coordination

Multiple agencies often have overlapping functions (e.g., DEA, ATF, and FBI), leading to inefficiency (a key finding of the 9/11 Commission).

Termination

The elimination of specific programs (rare due to political resistance).

Devolution

Delegating federal programs to state and local governments (shifting responsibility).

Privatization

Allowing a formerly public service (like garbage collection) to be provided by a private company.

Powers of the Judiciary

The authority comes from the Constitution (Article III) and legal tradition.

Judicial Review

The power to strike down unconstitutional acts (Marbury v. Madison, 1803).

Jurisdiction

The authority to hear cases over federal law, treaties, and disputes between states.

Original Jurisdiction

The power to hear a case first (the Supreme Court has this in rare cases, like state vs. state disputes).

Appellate Jurisdiction

The power to hear a case on appeal from a lower court.

Writ of Certiorari (Cert)

The Supreme Court's power to select which cases it will hear (must have 4/9 Justices agree—the Rule of Four).

Rulemaking

The authority to create the rules of procedure for all federal courts.

Remedies/Injunctions

Issuing court orders (compelling or forbidding actions) and other forms of relief.

District Courts

Trial courts that find facts and apply the law.

Courts of Appeals

Intermediate courts that review the legal record for errors of law (no new facts/trials).

Supreme Court

The highest court that sets national precedent and interprets the Constitution.

Legal Model

Decisions are based strictly on law, text, and precedent (stare decisis).

Attitudinal Model

Decisions are based on the Justice's personal ideology (liberal/conservative).

Strategic Model

Decisions are based on a mix of law and strategic calculations about how other Justices and branches will react.

Public Perceptions of the Court

Public trust has decreased and become highly polarized, particularly following major ideological rulings.

Impact on Law and Society

Courts create stability through precedent, ensuring laws are applied consistently.

Judicial Review Example

The Supreme Court's decisions on affirmative action or voting rights immediately alter the law nationwide.