Judiciary and Legislative Overview

Judiciary & Oversight

• Judicial Review

  • Court’s ability to invalidate laws or executive actions deemed unconstitutional.
  • Established in the landmark case Marbury v. Madison.

• Judicial Activism vs. Restraint

  • Judicial Activism:
  • Courts take an active role in shaping policy and may overturn legislation.
  • Judicial Restraint:
  • Courts defer to the other branches of government, limiting interference in policy matters.

• Tenure on “Good Behavior”

  • Federal judges are appointed for life, ensuring independence unless impeached.

• Senatorial Courtesy

  • Tradition where Senators (particularly those of the president's political party) influence judicial nominations within their states.

• Impeachment Process:

  • The House can impeach federal officials; the Senate conducts trials.
  • Applies to the President, Vice President, judges, and civil officers.

• Federal Judiciary Structure:

  • District Courts: Trial courts for federal cases.
  • Circuit Courts: Appellate courts hearing appeals from district courts.
  • Supreme Court: Final authority on legal issues.

• Civil Service System:

  • A merit-based hiring approach to prevent the spoils system in federal employment.

• Hatch Act (1939):

  • Restricts federal employees' political activities while on duty to maintain neutrality.

• Oversight of Bureaucracy:

  • Congress monitors federal agencies through hearings, budget controls, and reporting.

• Iron Triangle:

  • The relationship between Congress, Bureaucracy, and Interest Groups, often exchanging favors and influence.

• Inspectors General:

  • Internal watchdogs responsible for investigating waste and fraud within agencies, reporting directly to Congress.

Political Parties & Leadership

• Party Behavior:

  • Political parties play a key role in organizing Congress, guiding votes, and forming coalitions.

• Party Committees:

  • Responsible for member assignments to committees, fundraising efforts, and setting the party's agenda.

• Caucus:

  • A gathering of all members from the same party within a chamber to elect leaders and coordinate policies.

• Leadership Positions:

  • House:
  • Speaker of the House, Majority and Minority Leaders and Whips.
  • Senate:
  • Majority and Minority Leaders, Whips, and President Pro Tempore.
  • Positions elected by party caucuses.

Committees & Legislative Process

• Committee Types:

  • Standing Committees: Permanent committees handling specific issues.
  • Select Committees: Temporary committees established for particular purposes.
  • Joint Committees: Composed of both House and Senate members.
  • Conference Committees: Resolve differences between House and Senate versions of a bill.

• Committee Member/Chair Selection:

  • Based on party loyalty, seniority, and leadership discretion.

• House vs. Senate Rules:

  • House:
  • Enforced strict rules, guided by the Rules Committee, which benefit the majority.
  • Senate:
  • More lenient rules, often relying on Unanimous Consent Agreements (UCAs).

• Open Rule vs. Closed Rule:

  • Open Rule: Amendments to bills are permitted.
  • Closed Rule: No amendments allowed.

• The Floor:

  • Area where full chamber debates bills after committee approval.

• Filibuster:

  • A tactic used in the Senate for unlimited debate to block legislation unless cloture (60 votes required) is invoked.
  • After invoking cloture, there are 30 hours left for further debate before a vote.

• Omnibus Bills:

  • Large bills encompassing multiple policies, making them difficult to oppose.

• Rules Power:

  • The majority party controls debate parameters and can block amendments through committee rules in the House or UCAs in the Senate.

Congressional Participation & Policy Making

• Ways MCs (Members of Congress) Participate:

  • Sponsoring legislation, offering amendments, speaking on the floor, voting, and serving on committees.
  • Engaging in logrolling/bargaining with other members.

• Policy Entrepreneurs:

  • Members of Congress who advocate for particular policy ideas, leveraging their expertise and timing to influence legislation.

• Voting with or against the President:

  • With the President: Support presidentially-backed bills and confirm nominations.
  • Against the President: Reject proposals, override vetoes, and oppose appointees.
  • Decisions influenced by party alignment, constituents' views, personal ideology, and external pressures.