CONGRESS

• what are the 5 things congress does

-appropriate money- power of the purse

-make laws

-impeach and remove officials

-approve appointments- senate

• the house

-initiates revenue bills

-brings charges if impeachment against the president and all civil officers

-chooses the president when the electoral college does not- no majority

• the senate

-ratifies treaties negotiated by the president- 2/3

-possesses the sole power to try or judge impeachment cases

-confirms judicial appointments

-confirms executive appointments

• determining apportionment of the house

-census- every 10 years

-reapportionment- divide the 435 seats between the states- every state gets one and the rest are distributed by population

• redistricting

-the states draw the new lines for districts

-lines must be equal in population and contiguous

• gerrymandering- strategic redistrciting to benefit a group- political party, incumbent, racial gerrymandering

INCUMBENCY

• incumbents win elections

-90% of house incumbents win reelection

-75% of senate incumbents win reelection

• why do they win?

-raise more money

-visibility- ppl know who they are and their record- have been seen more than others

-they serve constituents with casework and pork barrel

-franking privilege- ability to send mail by their signature rather than postage

-gerrymandered safe districts

• consequences of the incumbency advantage

-leadership positions are not often transferred to new ppl

-too close of ties w interest groups and big money

-no incentive to fix flawed campaign laws bc incumbents benefit

• the majority party has the advantage of…

-holds committee chairs

-chooses the speaker of the house

-assigns bills to committees

-holds the majority on each committee

-controls the house rules committee

-it sets the legislative agenda

• the house is much more formal that the senate

-the senate has the filibuster- the house is limited on debate

-germaneness rule in the house- all amendments to bills must be relevant

-house has a rules committee to create formal rules for hearing bills

• committees

-joint- both houses of congress. debate and report on matters concerning the congress rather than issues of public policy

-standing- permanently established legislative committees that consider and are responsible fore legislation within a certain subject area

-conference- temporary, house and senate, reconciling differences in legislation that has passed both chambers. usually convened to resolve bicameral differences on major or controversial legislation

• house rules committee

-makes the rules

-they vote as a committee on every single bill in the house

• house ways and means committee

-jurisdiction on all taxation, tariffs, and revenue

-members cannot serve on other committees

• know the bill passage system

-bill is discussed in a senate committee

-reported to the senate floor to be voted on

-senators vote by voice

-if there is a majority, the bill passes in the US senate and is ready to go to the president

• delegate model- members of congress cast votes that reflect the preferences of the majority of their constituents

• trustee model- members of congress use their best judgment to make policy in the interest of the ppl

• oversight

-congress watching over the bureaucracy

-senate has special oversight by confirming cabinet heads and presidential appointments

• types of oversight

-setting guidelines for new agencies

-holding hearings and conducting investigations

-using budget control

-reorganizing an agency

-evaluating an agency’s programs

• understanding the relationships between congress, the president, the bureaucracy, the courts, interest groups, and the ppl is imperative

HOW YOUR CONGRESSPERSON VOTES

• trustee model- attitudinal view

-decisions made by elected official using their own personal views

-decisions made by the elected official based on the public good and not on the basis of constituents’ views

• why use the trustee model?

-information access

-reliance on expertise

-divided constituency

-importance of issue

-vote his or her conscience

-difficulty determining what voters want

• delegate model- representational view

-decision made by the elected official mirror the constituents’ views, represent constituents’ views, or do what voters tell them to do

• why use the delegate model

-popular issue to voters

-controversial issue for voters

-close to election time

-involved in competitive election

-shares beliefs w majority of constituents

• politico model- combo of the first 2- sometimes trustee and sometimes delegate

REDISTRICTING COURT CASES

baker v Carr 1961

• constitutional question- can the court rule on redistricting issues?

• opinion/ decision- yes, the court can make decisions on constitutional issues dealing w redistricting

• significance

-groups can now go to the court to question the constitutionality of redistricting lines

-the concept of “one person, one vote” was created in this case. establishing that districts must be equal in population

• impact- the court (fed gov) now has a check on the states over redistricting. states has to consider the constitutionality of the maps they create and determine if the court will uphold the maps they draw on constitutional grounds

• applicable constitutional clauses/ parts

-14th amendment’s equal protection clause

-why?- all ppl in the US must be equally protected under the law. since the districts had vastly different populations, everyone was not equal under the law

shaw v reno- 1993

• constitutional question- can a state draw districts solely based on race? (regardless of intention or benefit to minority representation)

• opinion/ decision- no, a stare cannot draw a district solely based on race. the unusual district, while perhaps created by noble intentions, seemed to exceed what was reasonably necessary to avoid racial imbalanced in representation

• significance- districts cannot be draw solely based on race regardless of intention

• impact

- map drawers can consider race in the disgn of districts

-they can draw districts to create minority representation

-however, districts cannot be solely drawn by race

-creases an additional consideration when drawing maps and an additional potential challenge to maps that can be adjudicated by the court

• applicable constitutional clauses/ parts

-14th amendment’s equal protection clause

-why?- citizens were not being equally drawn into districts in a racially neutral way

THE PRESIDENT

THE PRESIDENT 1

• the electoral college

-picks the president by winner take all w states getting electoral votes

-the house pick the president if one person does not get a majority of electoral votes

• executive office of the president- White House staff

-includes key presidential aids

-the press secretary and White House chief of staff

-can be appointed and dismissed without senate approval

-works w the president on policy implementation

-more involve w recent policy

• office of management and budget- assists the president in overseeing the preparation of the federal budget

• national security council NCS- the principal foreign policy and military advisers

PRESIDENT 2

president’s relationship w congress

• president needs senate approval of cabinet members, judges, important positions like ambassadors and bureaucratic chairs

• congress can impeach

• congress can override presidential vetoes

• congress has oversight power of the bureaucracy and executive agencies

• president can issue executive orders to sidestep congress

• president has become more reliant on White House staff to create policy

• president proposes legislation but needs congress members to help introduce

• president creates a budget but congress must approve

• president is commander in chief but congress declares war

PRESIDENT 3

war powers resolution

• president is commander in chief and can deploy troops

• congress passed the WPR by a presidential veto

• provisions

-”whenever possible” -president must consult w congress BEFORE sending in armed forces

-consult w congress regularly while force are in action

-president must remove troops after 60 days w an additional 30 days to withdraw troops if congress has not declared war or given authorization to proceed

• congress does not enforce the WPR (generally)

• congress approves the use of military force usually

• all presidents have claimed the WPR is unconstitutional

• the supreme court has not ruled on the WPR

PRESIDENT 4- POWERS

formal powers

• commander in chief

• appoints all ambassadors

• negotiates treaties- subject to senate ratification- 2/3

• president recognizes nations

• receives ambassadors and other public ministers

• can grant pardons and reprieves

informal powers

• negotiate executive agreements w other nations

• has executive privilege

• can issue executive orders

• can use a signing statement

• bully pulpit- a public office or position of authority that provides its occupant w an outstanding opportunity to speak out on any issue

ROLES OF THE PRESIDENT

• commander in chief- leader of the military

• chief legislator- participant in crating legislation

• chief diplomat- works w foreign nations

• head of state- face of the nation

• chief executive- enforcer of laws

• chief administrator- leader of bureaucratic agencies

• party chief- face of their party

• chief citizen- representative of the ppl

• crisis manager- deals w unforeseen emergencies

• economic planner- creates the nation’s budget

THE JUDICIARY

courts

• consti only mentions Supreme Court

-congress has power to create all other federal courts

• appeals process- the losing part in a decision by a trial court in the federal system normally is entitled to appeal the decision to a federal court of appeals. similarly, a litigant who is not satisfied w a decision made by a federal administrative agency usually may file a petition for review of the agency decision by a court of appeals

• the SC is the last court of appeals

• writ of certiorari

-the order by the SC directing a lower court to send up the record in a case for review

-granting certiorari- courts deciding to hear the case

• [[rule of 4 [[

-in order to grant certiorari 4 out of 9 SC justices have to agree to hear the case

-this is an unwritten rule

-opinions- present the issues, establish precedents, and set guidelines for lower courts

-majority opinion- the formal written decision by the court’s majority on a particular case (the senior justices determines who writes the opinion)

-concurring opinion- supports the majority opinion but stresses different constitutional or legal reasons for reaching the judgment (written by a justice that votes in the majority but differs slightly from the writer of the majority opinion)

-dissenting opinion- expresses a POV that disagrees w the majority opinion. have no legal standing. written by a justice in the majority to show their dissatisfaction and constitutional issues w the majority

• precedent/ stare decisis

-courts decisions are the guidelines for future cases

-majority of court decisions are based on precedents established in earlier cases

-precedents are occasionally overturned like in brown v board of ed

• judicial restraint

-the SC should use precedent and the framers original intent to decide cases

-court should most often defer to the elected institution of gov

• judicial activism

-court should correct injustices when other branches of gov or the states refuse to do so

-court should be proactive in deciding cases (deciding based on current beliefs)

court insulation

• the court does not face direct public pressure

-court picks own agenda

-judges are appointed to life terms

COURT CASE VOCAB

• constitutional question- what is the court looking at? does this violate the constitution or not?

• opinion

-the decision made by the court (will often be split bc these cases are controversial).

-this is a written opinion by a member of the majority

-holds the weight of law

• dissent- a written opinion by the losing side in the decision

• concurrence- a written opinion by a justice in the majority by they agree for slightly different reasons from the author of the majority opinion

• [[significance [[

-a statement of why this case is a required case

-why is the decision important for gov in general

• impact

-how will the decision change the way gov functions

-think about what can now happen bc of the decision

BUREAUCRACY AND PUBLIC POLICY

BUREAUCRACY

• large and complex organization of appointed and hired officials

• features of bureaucracy

-hierarchical authority

-job specialization

-formal rules

-hired and promoted through the merit system

• federal and state bureaucracy has grown dramatically

• 15 cabinet departments of the executive branch

-cabinet secretaries have close ties to their departments that the president

-the president is still in charge of the departments

INDEPENDENT REGULATORY AGENCIES

• SEC, FCC, FEC, are all common regulatory agencies

• regulatory agencies are led by small commissions appointed by the president and confirmed by the senate

• the commissioners cannot be removed by the president during their team

• federal reserve board is an important independent agency

-sets monetary policy (the rules concerning the flow of money- interest rates)

-the FED has a lot of independence and can develop monetary policy with our interference from interest groups, politicians, and political parties

-fiscal policy- taxing and spending

-monetary policy- money supply and interest rates

• gov corporations

-designed to function as a for profit company

-USPS and AMTRAK are the best EXs

• executive agency- non cabinet and non regulatory agencies- EPA, NASA, and GSA

RELATIONSHIP W THE PRESIDENT AND CONGRESS

• president appoints senior agency heads and subheads

• senate has the power to approve appointments

• president can issue an executive order that the bureaucracy must follow

• president can reduce or increase the budget of an agency (can ask)

• congress can pass budget increases or restrictions

• congress has oversight over bureaucratic actions

-budget

-hearings and investigations

-setting new guidelines

• congress can make new legislation

• agencies are so large, complex, and specialized it is difficult for congress and the preside to “watch” the agencies creating bureaucratic discretion

relationship w the court

• deem actions unconstitutional or constitutional

• iron triangles

-bureaucratic agency, an interest group, and a congressional committee

-work together to benefit one another in policy making

• issue networks- include a wide range of ppl from media to congressional staff and policy experts

• red tape- excessive regulation on rigid conformity to federal rules that is considered redundant or bureaucratic and hinders or prevents action or decision making

• bureaucratic discretion

-bureaucrats have the ability to shape implementation of public policy

-make, enforce, and adjudicate policy relating to their policy arena

• a complaint about bureaucracy- bureaucratic agencies often fulfill the role of all three branches of gov (this is a potential problem bc they are unelected and not beholden to the ppl)

-quasi legislative- make their own bureaucratic regulations

-quasi executive- they enforce the rules- can fine ppl

-quasi judicial- can adjudicate issues dealing w their area of expertise

PUBLIC POLICY 1- GENERAL

• policy

-differs from rules or law

-whole law can compel or prohibit behaviors (a law requiting the payment of taxes on income), policy merely guides actions toward those that are most likely to achieve a desired outcome

• policy making- the creation, by gov, of guidelines designed to protect and improve the country for its citizens

PUBLIC POLICY 2- ECONOMIC POLICY

• the fed (federal reserve system)- makes monetary policy by regulating lending practices of banks thus regulating the supply money

• monetary policy- the manipulation of supply of money (regulations with increase of decrease the amount of money in circulation)

• fiscal policy- the regulations associated w the federal budget (taxing, spending, and borrowing)

-determined by congress and the president

PUBLIC POLICY 3- SOCIAL WELFARE POLICY

• entitlement programs- benefits that certain qualified individuals are entitled by law, regardless of need (not controversial)

-ppl pay into entitlement programs and get money later

-social security and medicare

-do not gave to be poor and being rich does not qualify

• means tested programs- programs available only to individuals under the poverty line (controversial)

-medicaid- medial hospital aid

-food stamps- coupons that can be used to buy food

-TANF (temporary assistance for needy families)- payment

taxation

• progressive tax- a tax by which the gov takes a greater share of the income of the rich than the poor (30% rich/ 5% poor)

-US uses a type of this

• proportional tax- gov takes the same share of income from everyone (20% from all)

• regressive tax- the opposite of progressive tax

PUBLIC POLICY 4- HEALTHCARE POLICY

• gov and the American ppl spend A LOT on healthcare (many times more than western countries)

• health insurance- Americans (60%) buy insurance through their employer

• medicare- gov funded (partially) insurance for older Americans

• medicaid- gov funded insurance for poor Americans

• gov (national, state, local) pays for 46% of the US “health bill”

-other countries 77%

-Americans are told/ believe we have a private healthcare system

-reality- we have a split system which is largely ineffective

PUBLIC POLICY 5- ENVIRONMENTAL POLICY

• EPA- agency charged w administering all of the gov’s environmental policies. federal independent executive agency that regulates the environment

• clean air act of 1970- law that shared the department of transportation w the responsibility to reduce automobile emissions

• water pollution control act of 1972- a law that intended to clean lakes and rivers. it required industries, municipalities, and other polluters to pollute less

• gov creates policy to protect waterways, endangered species, farmland, the air, and to reduce pollution in general. -created to help ppl then other reasons

PUBLIC POLICY 6- NATIONAL SECURITY

• foreign policy- laws, regulations, and decisions made that impact the rest of the world

• 3 instruments of foreign policy

-military- the threat of war

-economic- the threat of economic sanctions or the positive of economic relations

-diplomacy- policies, economically and otherwise, use to improve relations

• [[policy makers [[

-the president- main policymaker as the chief diplomat/ commander in chief (president has most contact w rest of the world)

-diplomats- those selected to work w foreign Govs

-the national security establishment- the CIA, joint chiefs of staff, secretary of defense, NSA, and FBI are all involved in the protection of the country

-congress- has the power of oversight and appropriation of funds