Unit 2 Overview

• Focus: Three branches of government and their interactions.

• Branches Covered: Legislative, Executive, Judicial, and Bureaucracy.

Legislative Branch (Congress)

Structure

• Bicameral: Congress is divided into two houses: House of Representatives & Senate.

• House of Representatives: 435 members, apportioned by state's population.

  • Term: 2 years, encourages representatives to be responsive to their constituents.

• Senate: 100 members, 2 from each state.

  • Term: 6 years, senators represent entire states, leading to less direct connection with constituents.

Legislative Process

• Both houses must agree on identical versions of a bill before it can go to the President.

• Coalitions: Formed to facilitate the legislative process; more durable in the Senate due to longer terms.

Powers of Congress

• Enumerated Powers: Explicitly defined in Article 1, Section 8 of the Constitution (e.g., taxing, declaring war, etc.).

• Implied Powers: Powers not specifically listed but necessary for carrying out enumerated powers; based on the Necessary and Proper Clause.

  • Example: Establishing a national bank (Hamilton's justification).

Leadership Structure

• House: Speaker of the House, Majority/Minority Leaders, Whips.

• Senate: Vice President as President of the Senate, President pro tempore, Senate Majority Leader.

Legislative Work

• Majority of work is done in committees: Standing, Joint, Select, and Conference Committees.

• House Rules: Limited debate (1 hour), with a Rules Committee that controls bill advancement.

• Senate Rules: Unlimited debate time; filibusters can occur but can be ended with cloture (60 votes required).

Bill to Law Process

1. Bill introduced by members of either house.

2. Assigned to committee, possibly amended.

3. Voted on by the whole house.

4. If passed, sent to the President.

5. Funding and Budget: Most crucial legislative activity, distinguishing between mandatory and discretionary spending.

Factors Affecting Legislative Efficiency

• Political Polarization: Increasing ideological divisions between parties lead to gridlock.

• Models of Representation: Trustee, Delegate, and Politico models affect how representatives vote.

• Redistricting and Gerrymandering: Influence representation and electoral outcomes, with key cases like Baker v. Carr and Shaw v. Reno shaping the context.

Executive Branch

Presidential Powers

• Formal Powers (Article 2): Veto, command of the military, treaty negotiations (with Senate), appointments.

  • Veto Power: Options for Congress after a veto: revise and return or attempt to override (difficult).

  • Executive Orders: Presidential directives that have the force of law.

Informal Powers

• Bargaining and Persuasion: Presidents using their platform to influence public and legislative opinion.

• Signing Statements: Interpretations of laws as they are signed, guiding future implementation.

Tension Between Executive and Legislative Branch

• Appointments requiring Senate confirmation can lead to controversial nominations (e.g., Supreme Court justices).

• Historical expansion of executive power through various presidents:

  • George Washington: Set precedent for limited executive power.

  • Andrew Jackson: Asserted the president's role as a direct representative of the people.

  • FDR: Expanded executive power significantly through the New Deal.

Presidential Communication

• Bully Pulpit: The President's ability to communicate directly with the public and shape policy discussions through media.

Judicial Branch

Structure of Federal Courts

• U.S. District Courts: 94 courts with original jurisdiction.

• U.S. Circuit Court of Appeals: 12 courts with appellate jurisdiction.

• Supreme Court: The highest court with both original and appellate jurisdiction.

  • Significant case: Marbury v. Madison established the principle of judicial review.

Judicial Philosophy

• Stare Decisis: Legal principle of determining points in litigation according to precedent.

• Court decisions can be affected by Judicial Activism (active role in establishing policy) vs. Judicial Restraint (defer to legislative intent).

The Bureaucracy

Structure

• Composed of multiple departments, agencies, and commissions functioning under executive authority.

  • Cabinet Secretaries: Heads of executive departments.

  • Regulatory Commissions: Operate with a degree of independence (e.g., FCC).

  • Government Corporations: Hybrid entities providing public goods (e.g., PBS).

Bureaucratic Functions

• Implementing laws through writing regulations and compliance monitoring.

• Interactions with Congress and interest groups create strong relationships (iron triangles).

Congressional Oversight

• Congress uses the power of the purse to regulate agency funding and can hold hearings for accountability.

• Historical context: Transition from patronage to merit-based systems post-1883 Pendleton Act due to corruption concerns.

Conclusion

• Understanding how the branches of government function and interact is crucial for navigating the complexities of the American political system.