Bicameral Congress: 2 houses are better than 1. Why?

• Historical and Familiarity

  • British parliament since the 1300s

  • All but 2 states in 1787

    • All but Nebraska Now

• Practical

  • Settled NJ Plan vs. VA Plan

  • Connecticut Compromise= one house Proportional and one is Equal

• Theoretical

  • One house can restrain the other

  • Divides legislative power not to overwhelm Executive & Judicial

Terms & Sessions

• Congressional Term

  • Changes every 2 years (117th Congress)

  • Reps only on 2-year terms (unlimited terms)

  • Senate approx. 1/3 up every 2 years

• Session

  • When congress meets

  • The new session starts 1st Mon. in Jan.

  • Recess- break from a session

  • Adjourn- end the session

    • Must have other house approval

  • Special Session

    • Called by Pres. in Emergency

    • Rase and has not occurred since 1948

• Formal

  • At least 25

  • Citizen of the US for 7 years

  • Inhabitants of the State they Represent

• Customary

  • Inhabitant of the district they rep.

• House can Exclude & Expel members

  • Mostly for major crimes

• Trends

  • Greater need to be at home

  • Younger membership

  • Less prestige and publicity

The Senate: Size, Elections, & Terms

• 2 per state = 100 total

• Direct Popular Election

  • The most state citizen votes win election/seat

  • One Senator at a time

• Serve for 6-year terms

  • Continuous Body

    • All seats never face election at the same time

    • 1/3 of the Senate is elected every 2 years

    • 2/3 of it remains the same

The Senate: Trends & Qualifications

• Better job security (retention rate)

• Represent large Constituencies

  • Whole state vs. district

• More publicity & power

• Qualifications stricter than HOR

  • At least 30-years-old

  • US citizen for 9+ years

  • A resident of the state they represent

• Can expel members (2/3 vote)

  • Many resign first

Meet the Congress

• 541 Total (535 able to vote)

  • 100 (Senate), 435 (HOR)

  • 6 non-voting territorial delegates

    • PR, VI, Guam, Am. Samoa, N. Mariana Islands, Washington DC

• On Average

  • White (89 in Senate, 343 HOR)

  • Make (79 in Senate, 359 HOR)

  • In their upper 50s

    • 62.2 for Senate, 56.7 HOR

  • Christian (460 total, 304 Protestant)

  • Most are college-educated (90%+)

  • Primary professions

    • Law, business, service/politics, ed.

• Delegates

  • Base decisions on who they feel elected them

• Partisans

  • Base decisions on party views/platforms

• Trustees

  • Base decisions on the merit of the issue & own judgment

• Politicos

  • Varies opinion based on all possible factors

Compensation

• Salary= $155K/year (can be more)

• Non-Salary Economic Comp

  • Special tax deductions

  • Pay less for insurance

  • Generous retirement

• Job Perks

  • Office & $ to hire staff

  • Free/Reserved parking

  • Franking Privilege = free mail

  • Federal Facilities (i.e. food, gyms, etc.)

• Can’t be sued for official conduct

  • Libel or Slander can’t apply to work

• Why doesn’t congress take more?

  • Voter backlash and Pres. Veto

House Leaders

• Speaker of the House: Nancy Pelosi

  • The Speaker of the House: is elected by the vote of its members

  • 3rd in line - succession, but 2nd most powerful official in the nation

  • Has the right to speak first during House debate on legislation

  • Recognizes members - grants them permission to speak from the floor

• Party Officers

  • Not official position

  • House Majority Leader: Steny Hoyer

  • House Minority Leaders: Kevin McCarthy

    • Spokesmen & carry out party agendas

  • Majority & Minority Whips: James Clayburn & Steve Scalise

    • Assistants to Floor Leaders

Officers of Congress

• President of the Senate: Kamala Harris

  • The President of the Senate is the Vice President

    • Not a member of a Senate

  • Doesn’t direct debate - Senate has a tradition of unlimited debate

  • Pres. Pro-Tempore: Senior majority senator who presides when VP is gone: Patrick Leahy

• Senate Majority Leader: Chuck Schumer

  • Formulates the majority party’s legislative agenda and encourages party members to support it

  • Assisted by Majority Whip

• Senate Minority Leader: Mitch McConnel

  • Assisted by Minority Whip

The Expressed Powers of Congress (Unit 1)

1. Taxation Power

   1. Purpose: Serve the Public

      1. Provide Services

      2. Protect/regulate the industry

      3. Protect/regulate health or safety

   2. Limitations on Taxes

      1. Public, not private use

      2. Cannot tax exports

   3. Types of Taxes

      1. Direct Taxes: paid by the person it is imposed on

         1. ex: property, income, corporate

      2. Indirect Taxes: paid then passed to another

         1. ex: sin taxes, sales taxes

2. Borrowing Power

   1. Regularly uses Deficit Financing

      1. Spending more than it takes in and borrowing to cover the rest

   2. Ultimately grows the Public Debt

      1. $ borrowed by the government and not repaid

3. Commerce Power

   1. Regulate foreign & interstate trade

   2. Allows involvement in business

   3. Cannot tax exports or favor ports

4. Currency Power

   1. To approve the design of money

      1. They DO NOT control the money supply!

5. Bankruptcy Power

   1. Empowered to create laws regarding the distribution of debtor assets

6. Foreign Relations Powers

   1. Primarily held by President

   2. The Senate ratifies treaties with other nations

   3. Deals w/ international

7. War Powers

   1. Only Congress can declare war

   2. Can raise, support, and provide an Army & Navy

8. Naturalization

   1. Sets requirements & processes on how Non-US citizens become citizens

   2. 9+ million naturalized US citizens

9. Territorial Powers

   1. Decides what powers territories and areas do & don’t have

Other Expressed Powers

• Going Postal

  • Est. Post offices and mail routes

  • Handle & est. mail-related crimes

    • certain goods, fraud, and other crimes

• Register & Issue…

  • Copyrights: rights to reproduce, publish, & sell creative works

  • Patents: rights to manufacture, use, or sell machines, art, or matter

• Est. Weights & Measures

  • National Institution of Standards and Tech.

• Judicial Powers

  • Est. Court System below SC

  • Est. Federal Crimes

    • Counterfeit, piracy, treason, and crimes overseas

Necessary & Proper Clause (Art. 1, Sect. 8)

• Implied Powers Clause

  • Can make laws that are “necessary and proper” in carrying out powers of government

• What does this mean?

  • Implied Powers vary based on:

    • Interpretation of Congress

    • Interpretation(s) of Courts

• AKA- The Elastic Clause

  • Most often applied to the expressed powers of

    • Commerce

    • Taxation

Battle over Implied

This has existed nearly as long as the Constitution

• Strict Constructionists

  • Against N&P Clause

  • Congress can only exercise:

    • Expressed and Necessary Implied Power

  • Favor smaller federal government

• Liberal Constructionists

  • For N&P Clause

  • Congress can exercise a broad function of power

  • Favor larger federal government

Impeachment

• Impeachment is not being removed; it is the first step in the removal process

Electoral Duties

1. Electoral Duties (rare)

   1. If there is an electoral tie:

      1. HOR chooses president (happened twice)

      2. Senate chooses V-President (happened once)

   2. When Vice President is vacant

      1. The successor must be approved (happened twice)

2. Impeachment

   1. HOR brings charges against any civil officer (majority)

   2. For crimes like treason, bribery, or other high crimes,

   3. Senate tries/convicts (2/3)

   4. Overseen by Chief Justice

      1. 17 trials & 7 convictions

Non-Legislative Powers

3. Approve Appointments

   1. must be approved by Senate

   2. Cabinet usually confirmed

4. Approve Treaties

   1. Made by President but approved by Senate

5. Oversight

   1. Done by committees

   2. Research issues for laws

   3. Oversee executive agencies

   4. Focus public attention

   5. Expose public officials

   6. Promote particular interests of congressional members

Committees: Where most work occurs

• Customary: Seniority Rule

  • Most years in office = Highest posts

  • Majority Party holds the Chair

Types of Committees

• Standing

  • Permanents Panels

  • Most handle policy and laws

• Select (Special)

  • Temporary or Limited

  • Specific Purpose (investigative)

• Joint

  • Made up of both houses

  • Can be both Standing or Select

• Conference

  • Handles differences in bills before they can be sent to the President

Bill => Law in HOR

A bill can be initiated by the Executive branch, Interest Group, or the people

1. Bill is read to the House

   1. Vote on consideration is taken

2. Referred to a committee

   1. Sort, set aside, reject, select

   2. Subcommittees gather info on it

3. Bill goes to the House floor for a debate

   1. Bill read for the 2nd time = Debated

   2. Vote on Amendments and motions

4. Conference Committee

   1. If 2 versions of the bill exist they get merged here: Compromise Bill

5. Voted on and Read for the 3rd time

   1. Voted on and signed sent to the president

Bill => Law in the Senate

• Same basic steps with some minor differences

  • Propose Committee, Floor, Vote

• Debate Procedures

  • Much less restricted than House due to size difference

  • Fillibuster is allowed

    • Talking a bill to death, stalling to prevent action on it

    • Today, only need to threaten

  • Cloture Rule

    • A way to limit/stop filibusters with a 2/3 majority vote

      • Was lowered to 60 votes in 1975

    • Senate then has 30 hours to debate, negotiate, and vote

      • Only amendments related to the bill can be made

Bill => Law POTUS

Once the President receives the legislation, they can:

1. Sign It = it becomes a law

2. Veto the Bill

   1. Dies

   2. It goes back to Congress and if they can pass it with a 2/3rds vote in both houses

3. Not Sign It

   1. Pocket Veto - if a bill is unsigned and Congress adjourns, after 10 days the bill dies

   2. If POTUS doesn’t sign it while Congress is in session, it becomes law after 10 days

Chapter 11: The Presidency

Hail to the Chief:

• Of the State

  • Face/Symbol of the Nation

• Executive

  • Handle domestic/foreign affairs

• Administrator

  • Of 2.7 million employees

• Diplomat and Commander

  • Head of foreign relations and directs 1.4 million men and women in uniform

• Legislator

  • The most important person in shaping legislation

• To represent his Pary

• Represent Americans and Set an Example

Qualifications, Terms, and Money

• Qualifications: self-explanatory

• Terms: Already know

• Benefits

  • $400K/year, $50K/year in expenses

  • White House, Air Force One

  • Secret Service Protection

  • $190K+/year in retirement

Executive Powers

After taking Oath of Office, executes all federal laws

1. The Ordinance Power

   1. Issue necessary orders to subordinates and agencies/departments

   2. Allows for Executive Orders

2. The Appointment Power

   1. With the consent of the Senate, appoints:

      1. Ambassadors and Diplomats

      2. Cabinet, Agency Head, Federal Judges

   2. The Removal Power (Implied)

      1. From federal positions appointed by them, or are inefficient or neglectful

3. Diplomatic Powers

   1. Treaties and Agreements

      1. Negotiates treaties (Secretary of State)

      2. The Senate must approve it with a 2/3 vote

      3. Executive Agreements don’t

   2. Recognition

      1. Of diplomatic representatives, thus recognizing that nation

      2. Recalling ambassadors or ejecting them shows disfavor

4. Military Powers

   1. Commander in Chief

      1. Power of undeclared war?

         1. Customary for Congress to declare war

            1. Hasn’t declared war since WWII

         2. War Powers Resolution: limits how long POTUS can take military action without further approval of Congress

      2. Other uses of the Military:

         1. Invasion and Protection

            1. Sending troops to the border

         2. Law and Order

            1. Little Rock Nine, Whiskey Rebellion

5. Legislative Powers

   1. Recommending Law/Policy

      1. State of the Union Address

      2. Budget and Economic Report

      3. Working with Congress to write legislation

   2. Veto Power

      1. Signs/doesn’t sign a bill into law

         1. Failure to act in 10 days = law

         2. Pocket: Congress adjourns within 10 days of sending a bill to the President

            1. Thus, killing the bill

6. Judicial Powers

   1. Can Grant:

      1. Reprieve: Postpone sentencing of an individual

      2. Pardon: Forgiveness of crime

      3. Commutation: Reduce sentence

      4. Amnesty: Pardons groups, due to act being forgiven

The President’s Team

The Vice President

• Steps in as President if

  • Dies/Resigns in office (8)

  • Is disabled

    • Can reclaim once able

  • Formal Duties:

    • Preside over the Senate

    • Aid in deciding President's disability

  • Used to Balance the Ticket

    • Strengthens chances of a presidential candidate winning

    • Balances Race, Gender, Age, Ideology, Geography, etc.

  • VP dies/is disabled, but the President is able, the President nominates someone else

    • 25th Amendment (1967)

The Federal Bureaucracy: Chapter 12

Bureaucracy: A structure within an organization that helps to coordinate the work of bureaucrats who carry out government policy

What Created our Bureaucracy?

• The Pendelton Civil Service Act: The law that broke the spoils system by requiring the federal government to hire well-qualified people

• War- Each time our nation went to war, the size and scope of the government grew…as did the need for experts

• Morality- Enforcing moral rules (prohibition) required the creation of sophisticated agencies

• Economics - The government wanted to have more control over economic performance and created new offices and agencies to do that

  • The Great Depression

• Geography - As the nation expanded, so did the need to create agencies to govern it

  • Postal Service, Bureau of Indian Affairs, BLM

• Race - Issues like slavery, immigration, and civil rights necessitated agencies to carry out government regulations

• Hierarchy - The chain of command: a well-defined chain of superiors and subordinates

• Division of Labor - The work of the government is divided up and given to specialized experts

• Routines - Standard Operating Procedure: Each layer of the bureaucracy has established routines to follow

• Qualifications - Bureaucracies utilize experts to lead and make decisions

What Are Bureaucratic Pathologies

These are the problems that tend to develop in bureaucratic systems. They include:

1. Routines - Following standard routines (“just doing my job”) can lead to public avoidance and mistrust

   1. Red Tape: the paperwork and obstacles to getting help from the government

2. Imperialism - Agencies grow large and tend to compete for larger roles and larger budgets

   1. This leads to increased costs over time

   2. Cost of federal bureaucracy = 90% of GDP

3. Turf War - Large agencies compete with each other over who is responsible for what

   1. Contributes to increased cost

4. Lack of Coordination - Turf wars can lead to a lack of coordination because they stop sharing information

5. Clientelism - Agency procedures can favor more powerful interests over less powerful

What do Bureaucracies do?

1. Create Policies - Agencies study the law and create rules for how a program will operate

   1. It has to be approved by the Office of Management and Budget

   2. The rule is published in the Federal Register and takes public feedback

   3. Congress publishes the final rule

2. Implement Policies

The Executive Office of the President

• White House/President’s Staff

  • Over 400 members, dozens of “offices”

  • Chief of Staff, NSA, Press Sec.

• National Security Council

  • Sec. of Defense, CIA, Joint Chiefs

  • Deals with foreign threats

• Office of Management and Budget

  • Prepares Federal Budget

    • Estimated revenue and expenditures

    • Delegates funds to levels, branches, projects, and agencies in the US

The Executive Departments

• 15 Cabinet Departments

  • Cabinet= 14 secretaries of each and Attorney General

    • Run dept. and advise the President

  • States, Treasury, Defense (1789)

• Each dept. has admin. agencies

  • Treasury = IRS and US Mint

  • Justice = DEA and ATF

  • Interior = BIA, NPS, and USGS

• The Civil-Service (non-military)

  • Civilians in government work (2+ million)

Independent Agencies

• Work outside the Cabinet

  • NOT independent of them

  • NOT independent of Executive

• Executive Agencies

  • Most of the Independent Agencies

  • Very similar to Cabinet departments

    • Examples: NASA, EPA, CIA, SSA

• Regulatory Commissions

  • Regulate Econ. within Executive

  • Official Boards, Multi-Party

    • Examples: FED. Reserve, SEC, FTC

• Government Corporations

  • Ran like Business under Exec.

    • Examples: FDIC, USPS, TVA

Critiques and Reforms

• Cost

  • The cost of the federal bureaucracy = 90% of the GDP

  • Hard to cut because it helps many people

• Inertia

  • Routines are hard to change, and don’t keep up with the times

    • Red Tape

• Public Mistrust

  • Because of cost and inertia, the public dislikes the bureaucracy

    • Scandals, mistakes, and negative press fuel the mistrust

Chapter 13: The Judicial Branch Federal Court System

The Purpose of the National Judiciary

• Under A of C…

  • States interpret and enforce federal law

  • Can’t deal with state disputes

• The Constitution…

  • Created a Dual Court System

    • Federal and State Systems

  • Created Supreme Court

    • Established Congress makes Inferior Courts

• Congress created…

  • Constitutional Courts

  • Special (Legislative) Courts

Jurisdiction: the authority of a court to hear a case

• Decided based upon:

  • Subject Matter

  • Parties Involved/Personal

  • Territory

• Those not heard by Federal Courts

  • Reserved by the State Systems

• Types of Jurisdiction

  • Exclusive Jurisdiction: only hear by federal or state

  • Concurrent Jurisdiction: Tried in either federal or state court

  • Original Jurisdiction: Who first hears the cast 1st

  • Appellate Jurisdiction: Higher Court that reviews a decision

    • Uphold, Overrule, or modify the original decision

Federal Court Judges and Officers

• Appointed by the President

  • Confirmed by the Senate

    • Senatorial Courtesy Utilized

      • Custom: Senator from the state in which a lower-court vacancy has arisen should be consulted on the choice if the senator is the same party as the president

• Terms

  • Constitutional Courts = Life

  • Special Courts = 15 years

• Officers

  • District Magistrates (400):

    • Set Bail, Issue Warrants

  • Bankruptcy Judges (350)

  • Marshals act as federal sheriffs

    • Arrest, Detain, Serve, Emergency

Inferior Courts

• District Courts (94)

  • Hear 300K cases/year

  • Hear most cases when:

    • A Federal crime was committed

    • Non-criminal federal matter

• Court of Appeals (12)

  • Established in 1891 to relieve SCOTUS

  • Each SC justice is assigned one of the 12 districts/circuits

  • Hear appealing cases

Review of Supreme Court

• Judicial Review

  • Power to test the constitutionality

  • Provides SC ability to restrain legislative and executive (C&B)

  • Affect law/policy in the way they interpret Constitution

• Supreme Court Justices

  • Appointed by the President, approved by the Senate

  • No term limits

Federal Jurisdiction and Selection of Cases

• Appellate Jurisdiction

  • From lower Federal and State Courts

  • Most cases heard by SC

• Can have Original Jurisdiction

  • Original Jurisdiction: when a State is a party

  • With Federal Officials

    • Both ours and foreign

  • Only a few hundred ever

• Hearing Cases

  • Only about 100 cases hear per year

  • Writ of Certiorari: Lower court sends case transcript of SC review

    • Rule of 4: Four Justices must agree to hear the case

  • Amicus Curiae or Friend of the Court Brief

    • Interested parties attempt to influence the Supreme Court with different legal, economic, or historical arguments

Trial and Decisions

• Oral arguments presented from both sides of a case

• Briefs: written legal arguments submitted

  • Called briefs from both parties/sides

• Judicial Conference

  • Justice meetings closed, talk openly

• Vote => Decision and Opinions

  • Majority: the decision of the court, expresses the rationale

  • Concurring: Agrees. Adds emphasis

  • Dissenting: disagrees with the majority

• Majority set Precedent

  • Stare Decisis: deciding cases based on previous rulings

Judicial Constraints

Judges must make their decisions within the context of the legal process. Their decisions are checked by:

• Constraints of the Facts: the relevant circumstances of the case. These facts determine which law(s) apply

• Constraints of the Law: the specific laws that apply to the case

  • Civil Law: governs relationships between private parties

  • Criminal law: deals with acts the government deems illegal

  • Procedural laws: apply to the legal process

• The Constitution: judges must ensure that Constitutional rights are not violated, which is open to some interpretation

• Statutory laws: written by legislatures and:

  • Administrative laws: rules and regulations set by government agencies

• Legal Precedents: past rulings often shape future decisions, but times change…

Political Influence of Judges

Not all decisions are popular, but they must be seen as fair if they are to be obeyed. Four groups influence their decisions…

1. The General Public: SCOTUS has stayed close enough to public opinion to avoid massive public resistance to its decisions

2. Interest Groups: many feel court rulings are easier to get than favorable legislation

3. Elected Officials: Congress can rewrite laws, and the President can appoint (or not) federal judges of a political leaning. Congress can also delay appointments

4. Personal Politics: Most justices do NOT change their political views over time and generally vote in line with their political beliefs

The Role of the Judiciary

• Judicial Restraint: the doctrine that the judiciary should closely follow the wording of the law, be highly respectful of the precedent, and defer to the judgment of legislatures

  • Judges should only strike down laws if they are obviously unconstitutional

  • Most cases are settled on the principle of stare decisis, meaning that an earlier decision should hold for the case being considered

  • Restraint increases compliance - obey and respect laws

• Judicial Activism: the doctrine that the judiciary should develop new legal principles when judges see a compelling need. Even if it goes against precedent

  • Judges should not hesitate to act when constitutional principles or society’s interests are at issue

• Originalism Theory: a method for interpreting the Constitution that emphasized the meaning of the words at the time they were written. Similar to judicial restraint

• Living Constitution Theory: A method for interpreting the Constitution that emphasizes the principles it embodies and applying them to the changing times. Similar to judicial activism