Unit 2: MEGA NOTES FLASHCARD VERSION!! CLICK ME!!!

What are the 3 kinds of power that Congress holds?

What are the 3 kinds of power that Congress holds?

Expressed – directly written in the Constitution

Implied – reasonably assumed based on the expressed powers

Inherent – nowhere in the Constitution, but always held by national governments

What are powers of both the House and Senate?

• Powers of Money and Commerce

  • Power to “lay and collect taxes”

    • Two kinds of taxes: Direct Tax (paid by person; income, property) and Indirect Tax (imposed by one, paid by another; cigarette, gas taxes)

      • Cannot tax for private benefit

      • Cannot tax exports

      • Federal tax rates must be the same in all states

What are powers of both chambers that they use in tandem?

• Power to “borrow money on the credit of the United States”

  • Deficit – money spent exceeding tax revenue, must be borrowed this year to pay our bills ($1.17 trillion in 2010)

    • Debt – total of all deficits yet to be paid back, plus interest owed ($14,829,463,500,000 or about $14.8 trillion)

• Power to “regulate commerce . . . among the several states”

  • Power is often extended to do seemingly unrelated implied powers

    • Build interstate highways

    • Ban racial discrimination

• Power to “coin money and regulate the value thereof”

• Power to “establish uniform laws on the subject of bankruptcies”

  • Bankruptcy – person declared incapable of repaying debt, debts are cleared

How many Senators are there in the United States?

The United States Senate consists of 100 Senators, with each of the 50 states represented by 2 Senators.

What are Congress’s Expressed Powers?

Foreign Relations

• Congress has the power to declare war— However, they have abdicated the power to wage war to the president

  • Congress passed the Gulf of Tonkin Resolution, allowing the Pres. to use troops without Congress’ permission

  • Tried to take power back with War Powers Resolution (1973)

    • President can send troops into conflict without a declaration of war as long as he gives 48 hours notification after the fact.

    • President can use troops for 60 days but then must ask for an extension in 30 day increments.  If Congress doesn’t grant extension it will grant a resolution. If they do the 30 day increments can be granted indefinitely 

    • Resolution means President must remove  troops within 60-90 days. 

Other expressed powers

• Naturalization – setting the rules to become a citizen

• Postal Power – Congress sets up the Post Office

• Copyrights and Patents

• Weights and Measures – making sure they mean the same thing nationwide

• Power over territories – Congress controls territories, and decides whether they become states or not

• Eminent Domain – Congress can take private property for public use

• Judicial Power – Congress sets up the court system

What are the Senate’s “executive” powers?

• Appointment – President appoints officials with majority approval of Senate

• Treaties – President makes treaties, but Senate must approve with 2/3 vote

Acts of Congress that aren’t bills?

• Simple resolution –  An expression of opinion either in the House or Senate to settle procedural matters 

• Concurrent resolution – An expression of opinion without the force of law that requires the approval of both houses but not the president.

• Joint resolution – An expression of opinion that must be approved by both houses of Congress and by the President

What’s the House Leadership hierarchy, and what each position does?

• Speaker of the House

  • Presides over House session

  • Refers bills to relevant committee

  • Appoints members of the Rules committee

• House Majority Leader

  • Helps Speaker to plan party strategy 

• House Majority Whip

  • Right hand of Maj. Leader

  • Link between leadership and “rank and file”

  • Check who plans to vote and how

  • Persuade “defectors” to vote with the party

• House Minority Leader

  • Plans minority party strategy to take power back

  • Expected to become Speaker if they win

• House Minority Whip

What’s the Senate Leadership hierarchy, and what each position does?

• President of the Senate

  • Vice President of the U.S.

  • Presides over the Senate

  • Powerless and thankless job

  • V.P. has better things to do

  • Can only vote to break a tie

• President Pro-Tempore of the Senate

  • Presides in place of the VP

  • Longest serving member of the majority party

  • Also doesn’t want to do it, passes the job off on junior members

• Senate Majority Leader

  • Plans party strategy

  • Places bills on the calendar for voting

  • May speak first on any bill

  • Refers bill to relevant committee

• Senate Majority Whip

• Senate Minority Leader

• Senate Minority Whip

How does the party in power influence legislation?

• The party in power can influence legislation in the following ways:

  • Assignment of members to committees

  • Scheduling

  • Agenda-setting (rules committee)

  • Party discipline

  • Use of media

  • Recognition on floor

  • Control of electoral support

What are the three models of Congressional behavior?

• Representational (delegate model) – members vote to please their constituents so the members can get reelected

• Organizational (Partisan Model) – members vote to please their fellow members of Congress because constituents don’t generally pay that much attention to how members of Congress vote

• Attitudinal (Trustee model) – members vote based on their own beliefs, there are too many pressures on members than for any one to take precedence 

What is a committee, and the three committee types?

• Committee – expert groups of Congressmen who decide what bills will go to the whole house for a vote
  

• Types of Committees

  • Standing Committee – permanent committees that remain from session to session

  • Select or Special Committees – Temporary committee to investigate wrongdoing or research a special matter

    • Examples: Senate Watergate Committee, Select Committee on Aging

  • Joint Committees – have members of both the House and Senate

    • Conference Committees – compromise different versions of bills between House and Senate

What are the two REALLY special committees, one of them in both houses and the other in the House?

• Rules Committee – sets the procedures under which a bill will be considered in the house

  • Closed rule – strict time limits, no amendments

  • Open rule – permits amendments

  • Restrictive rule – allows some amendments

• Ways and Means Committee – has jurisdiction over taxation and other revenue raising measures

  • Very powerful committee because all bills regarding taxation must originate in the House and therefore, in this committee

What can Congress create and control?

Congress can create executive branch agencies and oversee their effectiveness, such as FEMA and the FAA.

What is LOGROLLING and SPECIALIZATION?

Logrolling is the practice of trading votes among legislators to gain mutual support for their respective bills, facilitating the passage of legislation. Can lead to Pork Barrel spending. Specialization refers to members of Congress developing expertise in specific policy areas through long-term committee assignments, enhancing the quality of legislation. Helps members get reelected.

Staff Agency examples?

• Congressional Research Service (CRS) – Provides research at the request of members of Congress

• General Accountability Office (GAO) – Audits federal spending of the executive branch and conducts investigations at the request of Congress

• Congressional Budget Office (CBO) – Examines proposed budget measures and offers opinions about their impacts

Explain Pork Barrel spending and how it benefits Congressmen?

Riders are amendments that don’t have to do with a bill, and facilitate pork barrel spending. It generally occurs through earmarking, which is setting aside money in an appropriations bill for a specific purpose. These funds don’t go through the typical authorization procedures.

Pork barrel spending benefits congressmen by showing constituents that their congressman gets “stuff” for their district or state. also helps with reelection.

What is divided government and its consequences?

• Divided government: Either Congress is controlled by a different party from the President or the House and Senate are controlled by different parties

  • makes it harder to pass legislation. Congress may pass a bill but the President could veto it. 

  • Causes gridlock

  • Frustration with government

  • Confirmation process is slowed

  • Forces more compromise

What are all of the roles of the President?

• Chief of State –

  symbol of all the

  people of the United

  States

• Chief Executive – The

  Constitution grants the

  president “executive

  power”

• Chief Administrator-

  Head of the Executive

  Branch

• Chief Diplomat –

  the nation’s chief

  spokesperson to

  the rest of the

  world

• Commander in

  Chief – leader of

  the armed forces

• Chief Legislator –

  main architect of

  public policy, sets

  congressional

  agenda

• Chief of Party –

  leader of the political

  party that controls

  the executive branch

• Chief Citizen – the

  President is

  expected to be “the

  representative of all

  the people.” The

  president is

  expected to work for

  the public interest

What are the first 4 roles of presidential succession?

1. Vice President

2. Speaker of the House

3. President pro tempore of the Senate

4. Secretary of State

Why has the power of the Presidency been expanded?

The power of the Presidency has been expanded due to factors such as national crises, increased responsibilities in foreign affairs, legislative delegation, and the need for decisive leadership in times of emergency, which have all contributed to a broader interpretation of presidential authority.

What is the Ordinance Power of the President, and is it informal or formal?

Informal

Just as Congress has implied powers, so does the President. In order to exercise powers expressed in the Constitution the President must have the power to issue orders.

Executive order – a directive, rule, or regulation that has the effect of law

What is the Appointment Power of the President, and is it informal or formal?

Formal

Gives the President the power to appoint:

• Ambassadors and diplomats

• Cabinet members (ie Sec of

  Defense)

• Heads of agencies (ie

  Director of the FBI)

• Judges and U.S. Attorneys

• Officers in the armed forces

What is the Removal Power of the President, and is it informal or formal?

Informal

Implied from President’s Appointment Power

• Gives him power to dismiss anyone

  he appointed

  • But not judges!

What is the Treaty Making Power of the President, and is it informal or formal?

Formal

• Treaty – a formal agreement between two or more sovereign states

• The President (or the Secretary of State)

  negotiates the treaty

• Senate must approve by a 2/3 vote

What is the Executive Agreements Power of the President, and is it informal or formal?

Informal

• A pact between the President and the head of a

  foreign state, or between their subordinates.

• Does not require Senate approval-you only need 51% of Congress to approve

What is the Power of Recognition of the President, and is it informal or formal?

Informal

• By receiving a foreign

  diplomat (which is a

  formal power), The

  President, acting for

  the United States,

  acknowledges the

  legal existence of the

  country and its

  government.

What is the Commander in Chief power of the President, and is it informal or formal?

Formal

• The President is in charge of the Armed

  Forces

• The founders wanted to avoid allowing the

  military to become too powerful so they

  placed an elected official in control.

• While the power to declare war belongs to

  Congress, many Presidents have deployed

  troops for other purposes

What is the legislative power of the President “Recommending Legislation”? Informal or formal?

Formal

• The President “shall from time to time give to Congress Information on the State of the Union, and recommend to the Consideration such Measures as he shall judge necessary and expedient...”

What is the legislative power of the President “Veto Power”? Informal or formal?

Formal

• Two types of vetoes:

  • Regular Veto – refuses to sign the bill and

    sends it back to Congress; used as a

    bargaining tool

    • Can be overridden by a 2/3 vote of both houses

      only 4% have been overridden

  • Pocket Veto – if Congress adjourns within 10

    days and the President does not sign the bill,

    the bill fails; if Congress is in session-the bill

    becomes law

What are signing statements?

Written declarations by the President when signing a bill into law, outlining their interpretation or intended implementation of the legislation.

What are the President’s Judicial powers?

• Reprieve – postponement of the execution of a

  sentence

• Pardon – a legal forgiveness of a crime

• These two powers of clemency (mercy) may

  only be used in cases involving a federal offence

  • Commutation – reduce the length of a sentence

  • Amnesty – a blanket pardon on a group of law

    violators

• The president is not immune from judicial process (US Vs. Nixon)

Describe the duties of the Department of State.

• Originally called Foreign Affairs

• conduct of the nation's foreign affairs and diplomatic initiatives

• Advise on foreign policy issues

• coordinate conferences with foreign leaders

• hammer out treaties and other agreements with foreign governments

• protect the safety of US citizens traveling abroad

Describe the duties of the Department of the Treasury.

printing the nation's money

sets domestic financial, economic and tax policy

manages the public debt and collects taxes

Describe the duties of the Department of Defense.

responsible for supplying military hardware, administering personnel pay and benefits, providing information to the public and military, managing military education programs and attempting to locate missing personnel or prisoners of war.

Describe the duties of the Department of Justice.

makes sure that federal laws aimed at protecting the public and promoting competitive business practices are implemented

The FBI falls under the Justice Department's authority.

Describe the duties of the Department of the Interior.

managing natural resources, national parks, and public lands, as well as overseeing Native American affairs.

Describe the duties of the Department of Agriculture.

oversees farming, forestry, and food production policies, ensuring food safety and nutrition standards.

Describe the duties of the Department of Commerce.

responsible for promoting economic growth, job creation, and sustainable development, while also overseeing trade, technology, and census data.

Describe the duties of the Department of Labor.

administers and enforces laws and regulations that ensure safe working conditions, minimum hourly pay and overtime

provides job banks, unemployment benefits and workplace health regulations

Describe the duties of the Department of Housing and Urban Development.

• responsible for ensuring that American families have access to decent, safe and affordable housing

• enforcing fair housing and equal housing access laws.

• insuring mortgages for homes and loans for home improvement

Describe the duties of the Department of Transportation.

responsible for overseeing the nation's transportation systems, including highways, railroads, aviation, and public transit, while ensuring safety and efficiency in the movement of people and goods.

Describe the duties of the Department of Energy.

oversees national energy policy, promotes energy efficiency, and supports renewable energy initiatives while ensuring the safety of nuclear energy and managing the country's nuclear arsenal.

Describe the duties of the Department of Health and Human Services.

responsible for enhancing the health and well-being of Americans by administering health programs, conducting medical research, and providing health insurance through Medicare and Medicaid. The department also focuses on public health, disease prevention, and health education.

Describe the duties of the Department of Education.

responsible for establishing policies related to federal financial aid for education, promoting educational excellence, and ensuring equal access to education for all students. The department also oversees programs that support teachers and improve educational outcomes.

Describe the duties of the Department of Veterans Affairs.

responsible for providing services to veterans, including healthcare, benefits, and rehabilitation services. The department also manages national cemeteries and supports veterans' education and employment initiatives.

Describe the duties of the Department of Homeland Security.

responsible for protecting the United States from threats, including terrorism and natural disasters. The department coordinates emergency response, secures borders, and manages immigration and customs.

Government Corporations?

• Amtrak: Provides intercity passenger rail service across the United States

• United States Postal Service (USPS): Delivers mail and packages to every address in the country

Independent establishments?

• Agencies

  • CIA

  • FBI

  • NASA

  • EPA

Regulatory commissions?

• Regulatory Commissions

  • FCC

  • FTC

What positions can the President appoint with the advice and consent of the Senate?

The President can appoint federal judges, ambassadors, public ministers/consuls, and heads of executive departments.

List the constraints on the Bureaucracy.

• Congress creates the rules which the bureaucracy must follow (see pages 415 & 416)

• Congress controls the money supply

• Congress (Senate) can reject appointments

• Congress can impeach members of the bureaucracy

• The courts can declare bureaucratic actions unconstitutional 

• Interest groups can lobby and protest

• Interest groups can influence legislation that affects the bureaucracy

Describe bureaucratic independence.

• The bureaucracy is able to act independently due its the structure and complexity.

• Congress and the President can’t deal with everything so they delegate authority (discretionary authority)

• Congress often creates general requirements and leaves the details up to the bureaucracy.  They enforce laws that Congress creates and then creates rules and regulations (administrative law) states must follow

• The bureaucracy is large and therefore hard to control

• Hiring is based on merit and it is hard to fire its members

What is the link between the Presidency and the Bureaucracy?

The Presidents don’t want to try to increase the bureaucracy, they try to reduce the work force and reorganize its structure. Bureaucrats have an advantage over the President because agency individuals last longer than he does. Despite attempts, the bureaucracy has grown due to the growing number of indirect government workers.

Criticisms of the Bureaucracy?

• Red Tape – complex rules and procedures that must be followed

• Conflict – some agencies work at cross-purposes

• Duplication – some agencies do the same thing

• Imperialism – tendency of agencies to grow without regard to the benefits or costs of growth

• Waste – spending more than is necessary