POSC Exam 2

The President

Head of the Executive Branch

Electoral College

A body of people representing the states of the US, who formally cast votes for the election of the president and vice president.

The Founders' Conception of the Presidency

They wanted a leader, but not with too much power because they didn't want a monarchy. Thus why Congress and the Courts were established.

The many Roles of the President

Head of State, Chief Executive, Commander in Chief, Chief Diplomat, Chief Legislator

Head of State

Symbolic representation of the USA that represents the country's unity and integrity

Ceremonial: 9/11 Memorial, State of the Nation Address

Chief Executive

Decides how the laws of the US are to be enforced and choosing officials and advisors to help run the Executive Branch.

Commander in Chief

Has the ultimate decision to deploy the US troops and armies

Chief Diplomat

The President as the main architect of American foreign policy (Trade and Alliances) and the nation's chief spokesperson to other countries

Chief Legislator

The office that has the final say on law-making policies.

Presidential Powers

Can pass executive orders, can veto laws, make appointments, Control nuclear weapons, and has power in the domestic and foreign politics.

Appointments: Surround themselves with people they want/ Can put who they want in the courts

DP: Taxes, Gun Control, Healthcare, Economy, Immigration
FP: Weapons, Trade / Tariffs, Terrorism, Alliances

Presidential Limits

Congress, Judiciary (Courts), Term Limit (4-8 years), Impeachment, Role of the Media and Public

President and Congress

President is responsible for execution and enforcement of laws made by congress (sign or veto). Congress may override a veto with 2/3 vote in both houses

They work together to regulate the state, as well as each other.

President and Supreme Court

The courts have the power to declare something a president does or a law made as constitutional or unconstitutional.

The president can elect people for the supreme courts, Appointments.

2020 Election

A contentious election between Donald Trump and Joe Biden. Joe Biden ends up winning, becoming the 46th U.S President.

This election was the most expensive election in the U.S, costing around 9 billion dollars on midterm congressional elections—it was a new record.

Somewhat of an economic collapse, as well as the Covid-19 pandemic.

Executive Orders

Legislation that bypass Congress.

These are difficult to pass because they are time consuming, a constant negotiation, can be returned by the Courts, and can be easily overturned by the next president.

Limits Congressional powers

Build Back Better Plan

Joe Biden's idea to expand the Social Safety Net and infrastructure; reenergize the American welfare state.

When the Build Back Better project went to Congress, obviously the Republican Party pushed back on this, and the democratic party itself was split on the BBB project. In the end, he was only able to pass a very watered down version of his plan.

Show that the president might have an idea but they have to negotiate that idea to Congress, and even then they might not even let them get it.

Impeachment Process

1. House of Representatives passes articles of impeachment by majority rule.
2. Then passed to the Senate and 2/3 must convict.

Congress

Legislation branch of the U.S federal government (House of Reps + Senate)

Created because of the Connecticut Compromise; the framers wanted to compromise between the New Jersey Plan (small states) and the Virginia Plan (big states),

Limit the power of the president / prevent tyranny

Congressional Powers

Has the power to write and legislate laws, declare war, impeach president, limit the president's power / controls the executive, finalizes and approves the federal budget, and approves / manages taxes.

The president nominates Supreme Court, but Congress has to approve / appoint them

Congressional Limits

Can't give titles of nobility, can't violate the Bill of Rights, and can't override the constitution --> enforces political liberty

Bicameral Structure

The United States Congress is divided into two separate legislative chambers: the House of Representatives and the Senate, where each chamber has distinct powers and functions, allowing for a system of checks and balances within the legislative branch.

Descriptive Representation

A belief that constituents are most effectively represented by legislators who are similar to them in such key demographic characteristics as race, ethnicity, religion, or gender. Even though we have the most diverse Congress, there is still underrepresentation.

Important because need empathy when advocating for the average Americans; More voices, more perspectives.
EX: Minimum wage, Racial Discrimination

Substantive Representation

Opposed to Descriptive Representation, The belief that identity should not matter, your policies and interests should matter.

Only educated elites should be in power.

Electoral Districts

A territorial subdivision for electing members to a legislative body

Redistricting

The redrawing of congressional and other legislative district lines following the census, to accommodate population shifts and keep districts as equal as possible in population.

Gerrymandering

Process of redrawing legislative boundaries for the purpose of benefiting the party in power.

Campaign Finance

Money that political candidates use for funding their expensive campaigns.

This includes Individual Contributors (big business, Elon Musk) PACs, Political Parties, or Candidates (fund themselves with their own money on their campaigns)

Filibuster

Action designed by the Senate to prolong debate and delay or prevent a vote on a bill, resolution, amendment, or other debatable question.

PACs (Political Action Committees)

A committee / organization that's sole purpose is to raise money for or against a particular campaign.

Can represent big business, labor unions, etc.

Super PACs can raised limited money

Citizens United

A 2010 controversial case decision that reversed century-old campaign finance restrictions and enabled corporations and other outside groups to spend unlimited funds on elections.

Congressional Committees and Subcommittees

Allow members of Congress to specialize in specific policy areas, thoroughly investigate legislation related to those areas, and provide detailed recommendations to the full chamber for consideration.

Created because:
1. Too many people to discuss issues with; tremendous efficiency
2. Bring a level of expertise

How a Bill becomes a Law

A bill can be proposed by a Representative, Senator, or executive office...
1. The bill goes to a subcommittee of the opposite chamber
2. If approved, it goes to the House / Senate floor for discussion, debate, amendments, or revision
3. Then, gets voted on and goes to the other chamber
4. Process then gets repeated

When a bill gets passed in both the HOR and Senate, it then goes to the president to be signed into law, vetoed, and sent back, or the bill dies (through pocket veto)

With how divided they are, this is highly unlikely

2022 Midterm Election

Republicans won the House due to their overperformance in the nation's four largest states: Texas, Florida, New York and California. Democrats increased their seats in the Senate by one, as they won races in critical battleground states.

118th Congress

Republicans are in control of the House of Reps. while Democrats are in control of the Senate.

Its the most historically diverse its ever been (25% of congress is not white, which is a lot).

How many in the House of Reps and Senate? How many D, R and I in Senate?

House of Reps: 435 members determined by state population
Senate: 100 members, 2 from each state

Senate has 4 independent swinging democratic, 47 democrats and 49 republicans.

U.S District Courts

94 Courts all around the U.S. Most cases begin and end at this level.

Include Anti Trust Cases (government goes against a corporation), Commercial Disputes (Involves citizens of one or more states), and Criminal cases that violate federal laws (Drug Trafficking and Kidnapping across states)

U.S Court of Appeals

13 total courts, only 11 being circuits of appeals. These courts appeal a prior ruling.

Only about 5,000 cases are heard a year. These cases verdicts are accompanied by opinions (reasoning behind why they ruled the way they did).

These opinions are important because they become precedent (Decisions that may influence or guide the decisions of other courts).

U.S Supreme Court

Final court of Appeal in our U.S courting system.

This court consists of 9 justices that were nominated by the president, but has to be confirmed by the Senate. They serve for life, or up until retirement or death.

Cases get passed from the Court of Appeals or they come straight from the state level (Most of the really important issues that ever faces U.S society)
EX: Burning the flag, Roe V Wade, Civil Rights / Liberties

Powers: Declare something as unconstitutional, decide cases on majority rule, they can pick the cases they want to hear.

The Rule of 4

How the Supreme Court decides whether to hear a case. Requires 4 or more justices to agree to hear an appeal. Supreme Court agrees to hear 140 cases per year.

Judicial Review

The power of the courts to review and determine if the actions of other branches of government are constitutional. It's a key feature of the US constitutional system, and is a check on the legislative and executive branches.

The Supreme Court in Action (Roe V Wade)

Roe V Wade 1973 was originally found constitutional by the Supreme Court pertaining to the right to privacy. Yet, during Dobbs V Jackson in 2022, the court held that the Constitution of the United States does not confer a right to abortion.

This resulted in them leaving it up to the states to make their own abortion laws.

Political Role of the Courts

Interpret the constitution, resolve disputes, limits the power of branches of government, and operates separate from branches but also works with them as the Constitution requires.

Judicial Activism

When the Supreme Court makes decisions that go against established precedent. When they do something new