Unit 2 - Interactions Among Branches of Government

Senator Voting + Terms

1. 1/3 of the Senate election every 2 years

2. 6 yr term

3. MUST be @ least 30 y/0, US citizen for 9 yrs, live in district

4. more competitive and expensive

Representative Voting + Terms

1. elections every 2 yrs for everyone

2. 2 yr term

3. MUST live in their district, be a citizen of the state, be @ least 25 y/o

4. not competitive usually (high incumbent election rates)

Congressional Districts

• define number of electoral votes and representatives for a state

Redistricting

• done by each state legislature every 10 yrs w/ census

  • therefore, the political party that is in control of the state controls how the districts are drawn

    • shocker, they are bias

Gerrymandering

• technique to give the majority party an advantage in future elections

Descriptive Representation

• the elected legislature should reflect the demographic characteristic of the constituency

  • but minorities and women always underrepresented

Voting Rights Act of 1965

• encouraged states to take measures to increase minority rep in Congress

  • amended to encourage states to make majority-minority districts (concentrating Black and Hispanic pops) to make it more feasible got minority candidates to get elected

Packing Districts

• isolating minorities

Cracking Districts

• dividing minorities across many districts

Hijacking Districts

• redraws 2 districts in a way that forces 2 incumbents to oppose each other in a single district when redistricting

Kidnapping Districts

• moves an incumbent’s home address into another district when redistricting

Inherent Power in Legislatures

• framers made delegated powers (require both houses) and complementary powers

Power of the Purse

• bc Congress is given so much power over budgetary spending they can influence the pres and bureaucrats by withholding or putting conditions on funds

• check of the executive branch

Unique Powers of the House

• budget must technically originate in the House but this power has been passed to the President to make the budget and then it is edited/approved by the House

• initiate tax laws and spending bills

  • House Ways and Means Committee

Unique Powers of the Senate

• amending powers on revenue bills

• conformation of presidential nominations to the federal courts and ambassadorships to foreign countries

• ratify all treaties signed by the pres

Non Legislative Tasks of Congress

1. oversight

   • review work of fed agents, hearings and subpoena witnesses; Senate approve cabinet and justices

2. public education

   • public awareness of issues in the reform realm

3. representing constituents within the government

   • act on complaints, sponsor, solicit suggestions (do what their people want)

4. constitutional amendments

   • propose

5. electoral duties

   • elect next pres (House) and vice pres (Senate) if 270 not reached

6. impeachment

   • House propose/investigate; Senate convict

7. confirmation duties

   • Senate approve pres appointments and fed positions

8. ratification

   • Senate ratify treaties

9. investigation

   • conducted by standing or select committee to fix a problem

Politicos

• representatives of their electorates

Delegate Model

• members of Congress who view themselves as delegates whose job it is to mirror the views of their home districts

Trustee Model

• members of Congress who see themselves as trustees who consider the constituents views but use their best judgement as they are “experts'“

Legislative Process

• slow and complicated to foster compormise

1. member of Congress must introduce bill = sponsor

2. committees make first basic outline

3. two houses work together to pass the same exact bill

   1. this is RARE so the bill is sent to a conference committee to negotiate

4. voting occurs in each house again and bill is either passed to pres or killed

5. pres can approve, not sign and will become law in 10 days, pocket veto if not 10 days left of Congress, or veto

   1. YAY or Congress can make changes or override veto w/ 2/3 majority or let die

Pocket Veto

• if pres does not sign bill and the congressional session ends within the 10 days then the bill is vetoed and must go through the legislative process again

Senate Bill Voting

debate has fewer rules

• no time limit = filibuster where senator never shuts up and drives them crazy until a cloture stops it w/ 3/5 majority

• no closed bills so amendments always allowed

Rider Amendment

• amendments irrelevant to bill put in by senators

• “pet” project/issue for home state or to prohibit actions of executive agencies

Pork Barrel Amendment

• “pet project” riders designed to bring home MONEY to home state

Earmarks

• provisions within legislation that appropriate money to a specific project

  • appear in appropriation bills and authorization bills

    • not allowed in House and monitored in Congress

House Bill Voting

debate is limited with rules

• Rules Committee for making rules on amending process [time and open (allows amends) or closed (no amends)]

  • powerful committee bc can kill bill w/ delayed voting or by allowing poison “killer” amendments or bring up bills to floor immediately

• ALL CLOSED NOW PRETTY MUCH

Line-Item Veto

• pres can veto only parts of a bill; UNCONSTITUTIONAL by SC

Standing Committee

• permanent, specialized

Joint Committee

• made up of members of both the House and Senate

• used for communicating to public and investigation

Select Committee

• temporary for special purpose

• carry out investigations for the purpose of writing special legislation

Conference Committee

• temporary, include members from the committees of the two houses who were responsible for writing a bill

• try to negotiate compromise bills to be submitted to each house

Pigeonholed Bill

• bill stuck in one of the houses in a committee to keep it from being voted on

  • forced out w/ discharge petition

Speaker

• leader of the House

• chosen by majority party in special election

• power over debate, committee assignments, bills

Majority Leader of the House

• keeps majority party in line and determine party’s agenda

  • whips helps promote agenda and bills

Minority Leader of the House

• keeps minority party in line and determine party’s agenda

  • whips helps promote agenda and bills

President Pro Tempore

• while VP is offical pres of Senate, PPT take over most of the time as presiding officer

  • honorary position given to oldest member of majority party

Majority Leader of the Senate

• holds all the power as they control legislative agenda and act as power broker and policy initiator

Minority Leader of the Senate

• power broker

Why does Congress vote the way they do on issues?

• own party

• opposition

• colleagues w/ logrolling - “I help you, you help me”

• PACs, constituents, interest groups

• personal values

• THEIR PARTY

Formal Powers of the Presidency

• chief of state (look good)

• give state of the union address, forces Congress into session, veto, reprives, pardon, negotiates treaties, executive agreements

• commander in chief (make war)

Informal Powers of the Presidency

• morale builder

• legislative leader and coalition builder

• chief of party

• policy persuader and communicator to Congress and public

Bully Pulpit

• the power of the pres to capture the nation and speak whenever

• conspicuous position that provides an opportunity to speak out and be listened to

Unified Government

• Pres, Senate, and House of same party

Divided Government

• one of Pres, Senate, and House NOT of same party

Executive Office of the President

• helps carry out pres responsibilities

• agencies that help the White House function in the categories: domestic, foreign, and military affairs

Chief of Staff

• powerful and influential as very close to the President

• manages the Executive office and controls access to the pres = controls information to pres

Literalist Doctrine

• pres only has powers that are stated in the Constitution

• limited power

• ended in 1920

Stewardship Doctrine

• pres has power to exercise power in multiple ways in multiple areas

• all powers unless prohibited by Constitution = lots of power

Unitary Executive Theory

• unlimited power

• controversial

The National Security Council

• help pres w/ for foreign and military policy

• national emergencies

• little oversight so pres love

The Domestic Policy Council

• help pres w/ energy, edu, ag, nat resources, econ, health, welfare, drug, crime decisions

The Office Management and Budget

• help pres prepare budget for US

• control and manage executive agencies for pres

• huge power bc of money allocation to cabinet

The Council of Economic Advisors

• help pres make national econ policy

The U.S. Trade Representative

• negotiate complex trade and tariff agreements for pres

The Cabinet

• run by secretaries

  • supposed to rep pres but kinda advocate for their own department now

Department of Homeland Security

1. protect borders

2. support local agencies like police

3. detect chemical, biological, and nuclear weapons

4. analyze intelligence

Impeachment

• remove pres for “reason, bribery, or other high crimes and misdemeanors” — vauge

• House impeach w/ simple majority

• Senate run trial and can remove pres w/ 2/3 majority (never happened)

• ***can happen to SC justices too

American Legal Principles

1. equal justice under the law

   • no hierarchy

2. due process of law

   • fair and fairly applied

3. the adversarial system

   • 2 sides

4. presumption of innocence

   • must PROVE guilt

Substantive Due Process

• deals with the question of whether laws are fair

• look at Constitution, BOR, 14th Amendment

Procedural Due Process

• deals with the question of whether laws are fairly APPLIED

• makes the laws actually applied and useful

Civil Law

Two individuals or groups can’t reach an agreement. Examples include contracts, property, children, and liability.

• govt not involved unless being sued

• plaintiff vs. defendant

• complaint given to civil court, if merit, then case moves forward

  • settlement OR trial

• @ trial plaintiff needs to show a preponderance of the evidence

  • can get money if win (equity)

Criminal Law

An individual accused of breaking the law.

• must be (1) arrested and (2) indicted

  • indictment happens by a grand jury of 24-48 jurors who decide IF A TRIAL SHOULD COMMENCE

  • THEN can plea bargain w/ the prosecution asking for a less serious crime and sentence

• OR go to trial

  • must be beyond a reasonable doubt w/ petit juries of 12 jurors and ALL must agree to convict or not

    • guilt verdict = punishment

    • split/hung jury = mistrial

Federal Courts

1. Federal District Courts

   • original jurisdiction, jury, sometimes judge

2. Federal Circuit Court of Appeals

   • hear cases on appeal, just judges

3. Supreme Court

   • hears appeal cases dealing with constitutional questions and og cases from states and foreign ministers, just judges

Appellate Jurisdiction

• court deciding issues of law, NOT facts of the case

Senatorial Courtesy

• a custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee's state, especially from the senior senator of the president's party from that state.

• senator usually submits a list and pres picks one

Judicial Restraint

• judge who is reluctant to overturn act of legislature

Judicial Activist

• judge who has no qualms about overturning acts of legislature

• Judicial activism refers to the practice of judges making rulings based on their policy views rather than their honest interpretation of the current law.

How do cases reach the SC?

• if 4 judges want to review a case then a writ of certiorari is sent to lower court for the case files

  • must be justiciable and petitioner must have standing

Justiciable

• real and adverse and must involve an actual legal dispute

Judicial Review

• right of the SC to judge the constitutionality of laws given by the SC to itself

How does the SC hear cases?

1. each side submit briefs

2. interest groups submit their opinions; amicus curiae

3. Oct-Apr oral arguments are heard

4. solicitor general argues for the govt

Opinions

1. Unanimous

   • all agree

2. Majority

   • most agree

3. Concurring

   • same opinion as majority but diff reason

4. Dissenting

   • disagree w/ majority

SC Limitations

1. Constitutional amendments

2. confirmations

3. legislation that tells them what to do

4. legislation counteracting SC

5. pres not enforcing

Bureaucracy

• system of govt in which power is divided among departments and officials; considered executive branch

  • administer social programs

  • executing laws; POLICY IMPLEMENTATION

  • providing for defense

• merit system w/ appointment

Government Corporations

• cross of private business corp and govt agency

• freedom of action and flexibility and make revenue to keep running

• ex: US Postal Service

Regulatory Agencies and Commissions

1. independent agencies

   • bureaucracies w/ broad pres oversight

2. regulatory agencies

   • watchdogs of fed govt

What happens when law makers do not have expertise in the area that they are writing laws for?

1. quasi-legislative agencies

   • experts fill in gaps of legislation and write rules

2. quasi-judicial agencies

   • rule enforcement and punishing violators

Iron Triangle

Informal alliance made up of (1) a particular industry and its lobbyists, (2) the congressional committee dealing with that industry, and (3) the agency that is actually affected

Alliance/Issue Network

• more complex iron triangle

Neutrality in Government Jobs

• civil service system (merit)

  • NOT patronage system (political favor/support)

• Hatch Act: bureaucrats cannot actively campaign for candidates