Political Sci Dillard (Exam 2).

Expectations gap

Gap between pres. promises and the Pres's limited constitutional powers.

President is the head of Gov. and head of state.

The gap between the

symbolic role as head

of state and the

political role of head of

government

Implied powers

Presidential powers implied but not explicitly states in the Constitution.

executive orders

Clarifications of congressional policy issued by the president and having the full force of the law.

Executive order recourse

Rewrite or amend a previous law, spelling out in detail how the Executive should act.

Executive orders can also be challenged in court.

Power to persuade

A president's ability to convince congress, other political actors, and the public to cooperate with the admiration's agenda.

Going Public

A president's strategy of appealing to the public on an issue, expecting that public pressure will be brought to bear on other political actors (informal power).

Presidential Political capital

Political capital = Popularity

The opinion of the people about the president.

Varies according to

- The president opinion on an issue

Cycle effect

the predictable rise and fall of a president's popularity at different stages of a term in office.

Honeymoon period -> The state of the Eco -> Newsworthy events.

The Cabinet

The most senior appointed officers of the Executive branch

Chosen by the Pres and confirmed by a simple majority in the Senate

Part of Pres line of succession.

divided government

Pol. rule split between two parties: one controlling the White House and the other controlling one or both houses of congress.

Legislative Liaison

executive personnel who work with members of Congress to secure their support in getting a president's legislation passed.

Executive Office of the President

the collection of organizations that help the president with policy and political objectives

Office of Management and Budget

Council of Economic advisors

National security control

Office of Management and Budget

Largest component of the Executive office of the Pres.

Serves the Pres. in implementing his vison across the Executive branch.

Council of Economic Advisors

Offers the President objective economic advice

Bases its recommendations and analysis on economic research and empirical evidence

National Security Council

the President's principal forum for considering national security and foreign policy matters with his senior advisors.

Chief of staff

the person who oversees the operations of all White House staff and controls access to the president.

current:

Vice President

Used to be chosen to balance ticket; had little real power

Recent Vice Presidents have had significant roles

First Spouse

Range of roles, from traditional to political

presidential style

image projected by the president that represents how he would like to be perceived at home and abroad

U.S. House of Representatives

Has 435 members serving 2 year terms

U.S. Senate

Has 100 members serving 6 year terms

17th Amendment

established the popular election of United States Senators.

Article 1 of constitution

describes the legislative branch

constituency

the voters in a state or district

Types of Representation

policy representation,

allocative representation (also Pork barrel spending),

casework,

symbolic representation

policy representation

Congressional work to

advance the issues and ideological preferences

of the constituents

allocative representation (pork barrel spending)

congressional

work to secure projects, services, and funds

for the represented district

Pork Barrel - public works projects and grants for

specific districts paid for by general revenues

casework

Legislative work on behalf of

individual constituents to solve their problems

with government agencies and programs

Symbolic Representation

Efforts of members

of Congress to stand for American ideals or

identify with common constituency values

U.S senator's from Texas

John Cornyn and Ted Cruz Both R.

U.S. Representative from the 27th District (Corpus).

Michael Cloud

US Speaker of the House

Mike Johnson

Law Process (in the House)

Standing Committee -> Rules Committee -> Bill is assigned a "Rule" -> House floor.

Law Process (in the senate)

Standing Committee -> "Open Rule" -> Senate floor (& unlimited debate - filibuster).

Bill becomes a law

If a bill has passed in both the U.S. House of Representatives and the U.S. Senate, goes to conference committee ,then has to be approved by the President.

Legislative powers

The Presentment Clause of the Constitution

requires all bills passed by Congress be presented

to the President

3 options: Sign the legislation, Veto, and take no action

Not an option: Line item Veto.

The Presentment clause

Requires all bills passed by Congress be presented to the President

line-item veto

President does not have this power.

Varys by state and some Governors may have it.

Checking off disliked parts of bill, then passing.

demagogue

a political leader who tries to get support by making false claims and promises and using arguments based on emotion rather than reason

Executive powers

Article II of Constitution; Commander-in-chief, Cheif foreign policy maker, The executice office of the pres, exectuive orders.

cheif administrator

Head of the Executive Branch

Commander in Chief

The commander of all U.S military forces

Cheif Foreign Policy Maker

Through the State Department and Department of defense.

Article ll

Describes the Executive branch

judicial powers

Nomination of Federal judges

Granting pardons

Executive privilege

State secrets Privilege

excutive privilege

Allows the President to

withhold from disclosure any communications

made directly to the president in the performance

of his executive duties

State Secrets Privilege

Allows the president to

withhold information in the name of national

security

Characteristics of the American Legal Tradition

-Based on common law tradition

-Adversarial

-Litigious

Kinds of Law

Substantive laws & Procedural laws;

Substantive Laws

laws whose content, or substance, defines what we can or cannot do

Procedural Laws

laws that establish how laws are applied and enforced (how legal proceedings take place)

Article III of the Constitution

describes the judicial branch

Judiciary Act of 1789

Adopted the first session of the First U.S. Congress

Established the U.S Federal Judiciary

Set the number of supreme court justices at 6 (today it is 9).

Created 13 Judicial districts within the 11 states that had ratified the constitution

Congressional sessions

A session covers two years

• Starts and ends on January 3rd, every two years

(odd numbered)

• 119th U.S. Congress convened on January 3rd, 2025.

Will end January 3rd, 2027

head of state

The apolitical, unifying role of the

president as symbolic representative of the whole

country

head of government

The political role of the

president as leader of a political party and chief

arbiter of who gets what resources

Chief Characteristics of a Populist

Claims to speak for "The People"

• Establishes a common enemy, "The Elite"

• Respect for the "General Will

Qualifications for Office

Chosen by electoral college for a four year term

• Natural born citizen, at least 35 years old, and a

resident for at least 14 years

• Succeeded in office by the vice president

• The President can be removed from office for

treason, bribery, or other high crimes and

misdemeanors

The Impeachment Process

Begins in the House Judiciary Committee

• The Full house debates and votes on the Articles of

Impeachment

• The Articles are sent to the Senate where a trial is

held

• A two-thirds vote will result in conviction

Congressional Committee

A legislative sub-organization in the Congress that handles a specific

duty

Standing Committees

Permanent committees

responsible for legislation in particular policy areas

Speaker of the House

The leader of the

majority party who serves as the presiding

officer of the House of Representatives

(Mike Johnson)

Presiding Officer - (senate)

J.D. Vance

Majority Leader of the Senate

John Thune

President Pro Tempore of the Senate

Chuck Grassley

Minority Leader of the Senate

Chuck Schumer

Cloture

A vote to end a Senate filibuster;

requires a three-fifths majority

Pocket Veto

presidential authority to kill a

bill submitted within ten days of the end of a

legislative session by not signing it

Veto Override

reversal of a presidential veto by a two-thirds vote in both houses of Congress

House Rules Committee

The committee that

determines how and when debate on a bill

will take place

Conference Committee

Temporary

committee formed to reconcile differences in

the House and Senate versions of a bill

Joint Committee

Combined House-Senate

committees formed to coordinate activities

and expedite legislation

Select Committee

A committee appointed to

deal with an issue or a problem not suited to a

standing committee

Policy Entrepreneurship

The practice of

legislators becoming experts and taking

leadership roles in specific policy areas

Pay and Benefits of congress members

174,000 as of 2022

- Travel Allowances

- Staff

- Insurance

- Pension

Reapportionment/Redistricting

A

reallocation of congressional seats among the

states every ten years, following the census

Characteristics of the

American legal tradition

-Based on common law tradition

-Adversarial

-Litigious

Procedural Due Process

procedural laws that protect the rights of individuals who must deal with the legal system

Criminal Laws

laws prohibiting behavior the

government has determined to be harmful to

society

Civil Laws

laws regulating interactions between individuals

Judicial Review

authorizes the federal judiciary to

review laws enacted by Congress and the President

and to invalidate those that violate the Constitution

William Marbury v. James Madison established

judicial review

Hamilton and Federalist No. 78

Least dangerous branch of government

• Court had power of neither the purse nor the sword

• Approved of judicial review because it would check the

momentary passions of the people

The U.S. Supreme Court

Nine justices (very political)

• Appointed by the president, confirmed by the

Senate

• Serve lifetime terms

• Can be impeached

Original Jurisdiction

the power to hear a case for

the first time

Appellate jurisdiction

The power of the Supreme

Court to review decisions and change outcomes of

decisions of lower courts

Court with both original and appellate jurisdiction

U.S. Supreme Court

Choosing which cases to hear

Petitioning the Supreme Court

• Writs of certiorari (10,000 petition per year. Hear only

about 100-150 cases)

• Other influences, including whether U.S. government is

a party in the case (70-80% govt cases heard

Deciding cases

Judicial activism vs. judicial restraint

• External factors

• Public opinion

• Executive branch (Solicitor General)

• Amicus briefs (Friend of the Court)

• Intracourt relationships

Writing opinions

Opinion

• chief justice, if in the majority, will assign this opinion to

someone in the majority

• If chief justice is in the minority, senior-most justice in

the majority assigns the opinion

• Majority opinion

• Concurring opinion

• Dissenting opinion

2005 Supreme Court Case/ Kelo Vs the City of New London

In a 5-4 decision ruled

that private property could be seized by the

government in order to further economic

development in a region.

• SC expanded the notion of eminent domain (public

use)

other kinds of laws

criminal and civil laws , Constitutional law

statutory laws (state or fed legislature)

• Administrative laws (bureaucracy)

• Executive orders (president)

adversarial

Determine Guilt

• instead of inquisitorial (someone is guilty, but who did

it?)

litigious

We can sue to protect rights

• We can sue for compensation

• We expect total justice

common law tradition/ precedent

- It is unfair to treat similar facts differently

on different occasions