Institutions of Government

Congress

• 535 members of congress; 435 in HoR, 100 in the senate

Bicameral Congress

• the framers of constitution created this consisting of the HoR and Senate

• Why?

  • history- British parliament had 2 houses and most colonial legislatures were bicameral

  • Connecticut compromise- large states wanted proportional representation and small states wanted equal rep. house is proportional, senate is equal

  • federalism-house represented the interest of the people, the senate represents the interest of the state

    • the bicameral legislature also fragmented power and checked majority interests

    • slows the legislative process, encouraging careful deliberation and compromise (theoretically)

Differences Between the House and the Senate

House

• 435 members

• 2 year term (no limit)

• a rep must be 25 years old, and American citizen for 7 years, and a resident from the state from which her or she is elected

• always been elected by people

Senate

• 100 members

• 6 year terms (continuous body/limit)

• a senator must be 30 years old, an American citizen for 9 years and a resident from the state from which he or she is elected

• originally chosen by state legislators until the 17th amendment allowed for the direct election of senators

Special Powers

House of Representatives

• initiates revenue bills

• brings charges of impeachment against the pres, vp, and all civil officers of the US

• chooses the pres when the electoral college is deadlock

Senate

• ratifies treaties negotiated by the pres

• possesses the sole power to try or judge impeachment cases

• confirms judicial appointments

• confirms executive appointments

House of Representatives

• constitution does not set the exact size of the house. only says that its size shall be apportioned or distributed among the states based on their respective populations

• each state shall have at least 1 rep (6 states are this small) regardless of its population

• congress must reapportion house seats after a census is taken every 10 years

• the house is started w/ 65 seats and by 1929 it had grown to 435 members, which is the permanent size. each person in the House represents an average of 435 people

• reapportionment is important bc as a states

Districts and Gerrymandering

• the constitution doesn’t define or discuss congressional districts, but in 1842 the only things congress changes is that each district needs to be single member districts

• 1842, each state was also given the responsibility for drawing boundary lines of its congressional districts, which gave way to the practice of gerrymandering

• gerrymandering is when the majority party in each state legislature redraws congressional districts to ensure the maximum number of seats for its own candidates

  • protects incumbents and discourages challengers

  • strengthens the majority party

  • decreases minority representation (in rare cases can increase minority rep. See Shaw v Reno)

    • majority minority districts* (editorial idea: should congress represent and mirror our people demographically)

The Supreme Court and Redistricting

• rural areas dominated many state legislatures, so districts often favored less populated rural areas of a state

• baker v. carr and wesburry v. sanders set the principle of “on person, one vote” in drawing congressional districts

• according to the supreme court":

  • districts must be equally populated

  • districts must be compact; lines must be contiguous

  • redistricting cannot dilute minority voting strength

  • district lines cant be drawn based solely on race

  • SC hasn’t eliminated gerrymandering for partisan political purposes

How Congress is Organized: The role of parties

• political parties play a key role in the organization of both houses of congress

• the majority party is the party in each chamber w/ the most votes

  • it holds committee chairs

  • chooses the speaker of the house

  • assigns bills to committee

  • holds majority on each committee

  • controls the house rules committee

  • sets legislative agenda

Organization of Congress

House:

• more formal and stricter rules

• speaker of the house

  • presides over the house and oversee all business

  • 2nd line for presidential succession

• other leaders

  • majority leader, minority leader, and party whips

Senate

• more freedom w/ debate and less formal

• VP

  • head of the senate and casts the tiebreaking cote

• other leaders

  • the majority leader and minority leader

The Committee System

• importance

  • both the house and senate are divided into committees

  • play a dominant role in policymaking

• standing committees

  • permanent bodies that continue from one congress to the next

  • focus on legislation in a particular area such as foreign relations or agriculture

• other committees

  • select committees are formed for a specific purpose for a limited time. usually formed to investigate a current matter of great public concern

  • join committees includes members of both houses and often focus on a major issue

  • conference committees are temporary bodies that are formed to resolve differences between house and senate versions of a bill

The House Rules Committee and ways and means

• rules committee is controlled by the speaker called the “traffic cop” or speakers “right arm”

• sets guidelines for floor debates; gives each bill a rule that puts the bill on the calendar, limits the time for debates and determines the type of amendments that will be allowed

• closed rule sets strict time limits on debates and forbids amendments from the floor

• open rule has less strict time limits and permits amendments from the floor

• the ways and means committee has jurisdiction on all taxation, tariffs, and other revenue sharing measures

  • exclusive committee

Committee Chairs and the Seniority System

• committee chairs exercise great power and enjoy considerable prestige

  • call meetings, schedule hearings, hire staff, recommend majority members to sit on conference committees and select all subcommittee chairs

• historically, the chairs were chosen by a seniority system where the majority party member with the most continuous service automatically became the chair; now the speaker has more control as they are elected position

Legislative Process

• approximately 5,000 bills are introduced each year

• only about 125, 2.5% are made into laws

• bicameral congress and its complex committee system present a formidable series of legislative obstacles that defeat most bills

• the legislative process is lengthy, deliberate, fragmented, and characterized by negotiation, and compromise

Creating Bills

• anyone can write a bill

• most bills are not written by Congress

• most bills originate in the executive branch

• business, labor, agriculture, and other interest groups often draft bills

• only members of congress can introduce bills. they do so by dropping them into the “hopper”, a box hanging on the edge of the clerks desk

How Members Vote

delegate model

• vote is cast to reflect the majority of their constituents

trustee model

• members use their best judgement to make policy in the best interests of people

politico model

• members waver between the delegate and trustee depending on the issue

Congressional Oversight

• oversight refers to the congressional review of the activities of an executive agency department or office

• senate exercises special oversight functions by confirming cabinet heads and presidential appts to federal courts

• methods include:

  • set guidelines for new agencies

  • hold hearings and conduct investigations

  • use budget control

  • reorganize an agency

  • evaluating and agencies program

Foreign Policy

• constitutional division of power

  • congress has power to declare war, the senate has the power to ratify treaties

  • pres has the power to wage war and the power to negotiate treaties

• the war powers resolution

  • passed in 1973, designed to make sure congress can check the pres war waging power as commander in chief

  • pres must notify congress within 48 hours

• necessary improper clause

Reducing Power and Perks

• term limits?

• new ethics laws (usually tied to money and gifts)

• organizational changes

• pork-barrel legislation ( i give you something you want, I’ll give you my vote)

• franking privilege ( free mail for members of congress)

The Presidency

How Things Work

qualifications

• natural born citizen

• 35 years old

• resident of the US for 14 years

benefits

• nice house

• salary of $400,000 per year (taxable)

• expense account of $50,000 per year (tax free)

• travel expenses $100,000

• secret service protection even after presidency

• pension

• camp David

• personal airplane

• personal chef

• white house staff of 400-500

The Presidents Term

• until 1951, the constitution placed no limit on the number of terms a president might serve

• traditionally, pres are limited to terms are 2 years. this was broken by FDR in 1940 when he ran for and won on to be elected to a fourth term in 1944

• 22nd ammendment placed limits on pres terms; pres now may not be elected more than twice or only if they became pres due to succession

The President as Chief Executive

executive power

• constitution says “executive power shall be vested in a pres of the US

• pres enforces federal laws and administers the bureaucracy

appointment power

• pres had power to appoint:

  • cabinent members

  • heads of ind agencies

  • ambassadors/diplomats

  • all federal judges

  • senatorial courtesy

removal power

• pres. have the power to remove most officials w/o senate approval

• pres. can’t dismiss federal judges or commissioners of ind regulatory agencies

The Cabinet

• includes 15 executive departments and employ nearly 2/3 of federal gov’t civilian employees

• often have divided loyalties: loyalties to pres. and institution goals of their own departments

• pres. has difficult time controlling it because:

  • interest groups often form close ties w/ cabinet departments

  • the careers of many civil servants extend beyond a single pres. administration, so they develop strong loyalty to their department

  • congress competes w/the pres. for influence over the cabinet departments

Executive Office of the President

• office of management and budget

  • OMB is the largest office in executive office

  • staff of 500 and its primary responsibility is to assist the pres. in overseeing preparation of federal budget

• national security council

  • NSC composed of pres. principal foreign and military advisors

  • vp, secretary of state, secretary of treasury, secretary of defense, sat security advisor, and others as necessary

  • main function is the advise and assist the pres. on national security and foreign policy

• council of economic advisors

  • CEA is a group of 3 leading economists who advise the pres. on economic policy

The White House Staff

• key presidential aides such as the chief of staff and the press secretary

• chief of staff is the highest-ranking person in the executive office of the president

  • his or her duties include selecting and supervising key white house staff and managing the flow of ppl and info into the oval office

• staff must be personally loyal to the pres.

• pres. can appoint and dismiss members of his staff w/o senate approval

• staff’s primary responsibility is to present the president w/ policy options and analysis

The President as Chief Legislator

Legislative Power

the constitution doesn’t actually call the pres. the chief legislator, but it gives him the power to:

• give state of the union address to congress each year

• bring issues to the attention of congress “from time to time”

• can veto congressional legislation

presidents use their role as national leader and head of the party to set the policy agenda

• pres. initiates much of the legislation that congress considers

The Veto Power

presidential options

• pres. can sign a bill into a law

• can veto a bill (congress may override with a 2/3 vote)

• pres. can wait 10 full days and if congress is still in session, the bill we become a law w/o the pres. signature

• pres. can exercise a pocket veto waiting 10 days; if congress adjourns before the 10 days are up, the bill will die

using the veto

• congress is usually unable to override a pres. veto; less than 10% have been overridden

• pres. often use the threat of a veto to persuade congress to modify a bill

the line item veto

• pres. must accept or reject an entire bill; can’t veto a part

• many state governors have the power of a line-item veto

Working with Congress

• most pres. prefer to establish a cooperative bipartisan relationship w/congress

• strategies they use:

  • assign legislative liaisons from the EOP to lobby legislators

  • work w/ majority and minority leaders

  • use media to focus public attn on important issues

  • use high pres. approval ratings to persuade legislators to support pres. programs

  • bargain w/ wavering legislators by offering concessions and pork that will benefit a members district

The Ordinance Power

• the pres. has the power to issue executive orders.

  • a directive, rule or regulation that has the effect of the law

• the power is to issue these orders, the ordinance power, arises from two sources: constitution and acts of Congress

• the ordinance power is clearly intended (an implied power stemming from the “take care clause)

• size of govt has caused Congress to delegate more and more discretion to the Pres and presidential subordinates

Divided Government’

• happens when the presidency and congress are controlled by diff parties or when the 2 chambers of congress are controlled by diff parties

• has been frequent over the past 50-60 years

• pattern of divided govt has important consequences

  • makes it harder to compromise

  • slows legislative process/creates gridlock

  • caused continued decline of the publics trust and confidence in govt

• posed problems for pres. in making federal appts

• pres. attempts to overcome these problems

  • using media to generate public support

  • threatening to veto objectionable legislation

  • making deals w/ key congressional leaders

  • building coalitions w/ key interest groups

  • increasing reliance on white house staff

The President and National Security

Formal Constitutional Powers

• the pres. is commander in chief and has power to deploy troops

• appoints all ambassadors subject to senate confirmation

• has power to appoint justices to the supreme court and all other federal judges

• has sole power to recognize nations

• receives ambassadors and other public ministers

• power to grant reprieves and pardons

Informal Powers

• pres. can negotiate executive agreements with the heads of foreign govts

• pres. is recognized global leader who meets w/ world leaders to build international coalitions

• pres. is expected to manage international crises

• pres. has access to confidential info not available to Congress or the public

The President as Chief Diplomat

• congress typically defers to the pres. when it comes to foreign affairs

• pres. can both extend and terminate diplomatic relations w/ foreign nations

• has the power to negotiate treaties w/ other nations and 2/3 of senate needs to ratify it

• pres. rely more on executive agreements than formal treaties bc they don’t need congressional approval

  • not binding on future presidents

The President as Commander in Chief

• constitution names pres. commander in chief but also gives congress power to declare war

• there’s several occasions where pres. have committed troops to battle w/o a formal declaration of war and this leads to great controversy

  • Korean war, Vietnam war, and this leads to great controversy between the executive

The Importance of Public Support and Approval Ratings

• public support is crucial to presidential success

• data from the Gallup Poll and other pub opinion surveys show the following increase approval:

  • brief “honeymoon periods” at beginning of a new administrations

  • positive media coverage of presidential activities and decisions

  • foreign policy success

  • foreign crises that produce the “rally around the flag effect”

  • strong economic growth and low unemployment

• these things decrease approval:

  • scandals that involve the pres. and/or top aides

  • gap between high expectations and low job performance

  • foreign wars that go badly over a protracted period of time

  • weak economic growth and high unemployment

The Federal Bureaucracy

What is the Bureaucracy?

• a large, complex organization of appointed officials

• includes al agencies, people, and procedures through which the federal gov’t operates

  • there are about 2.7 million civilians and 1.4 million military federal gov’t employees

  • half of the civilian employees work for the Department of Defense and an additional 28% work for the postal service

• key features:

  • hierarchal authority- chain of command in which authority flows from the top down

  • job specialization- each employee has defined duties and responsibilities

  • formal rules- all employees must follow established procedures and regulations

The Growth of the Federal Bureaucracy

• spoils system

  • originally group of rich upper class whit males

  • Andrew Jackson* awarded federal posts to party loyalist

• civil service

  • Pendleton Act (1883) created the federal Civil Service; workers hired based on merit not party loyalty

  • Office of Personnel Management administers all civil service laws and regulations and hires for most federal agencies

• Federal and State Employees

  • number of federal employees has remained constant since about 1950

  • block grants have shifted resources from the federal to the state gov’t, thus increasing the number of state employees

  • federal mandates have also shifted responsibilities to the states, so it increases the need for state employees

Independent Regulatory Agencies

• created to protect the public by regulatins key sectors of the society

• interstate commerce commision (ICC), Securities and Exchange Commison (SEC), National Labor Relations Board (NLRB), and the Federal Reserve Board (FRB) are amoung the best-known

• these agencies are led by small

Other PArts of the Bureaucracy

government corporations

• provide a service that could be provided by the private sector

• the Corp. for Public Broadcasting, Amtrak, and the US Postal Service are best known

ind executive agencies

• most of all

Implementing Gov’t Laws

the more authority you have hte more powerful you are

the authority to figure out how to implement a law gives them more power

• this process can break down : conflicting goals, faulty program design, lack of financial resources

  • prior to creation of dept. of homeland security in 2001, 46 federal agencies were ino

Congress and the Bureaucracy

• serious checks and balances and congress is giving up their authority to these other agencies

Interest Groups and the Bureaucracy

• iron triangles

  • alliance among an administrative agency, an interest group, and a congressional committee

  • so persuasive and powerful that they are often called subgovernments

• issue networks

  • includes policy experts, media pundits, congressional staffs, and interest groups who regularly debate an issue

  • pres. often fills agency positions w/ ppl from an issue network who shares their views

How Things Work

• it’s very hard to fire a bureaucrat

• have to give them a 30 days notice

  • explaining reason and why their unacceptable performance

• they have the right to reply (attorney) and appeal to MSPB, then they must grant them a hearing, and then an appeal to the us court

The Federal Court System

Characteristics of the Federal Courts

Adversarial

• a court provides an arena for 2 parties to bring their conflicts before an impartial arbiter or judge. one must have STANDING

• the plaintiff brings the charge, and the defendant is one being charged

Passive

• federal judges are constrained by the constitution to the deciding actual disputes rather than hypothetical ones

• it’s a passive branch of gov’t that depends on others to take the initiative

Jurisdiction- the courts authority to hear a case

• original- court in which a case is first heard

• appellate- courts that hear cases brought to them on appeal for a lower court

• exclusive- cases can only be heard in certain courts

• concurrent- cases that can be heard in either a federal or a state court

The Federal Court System

• constitution only creates the supreme court and it gives congress power to create all lower federal courts

• judiciary act of 1789 stablished the basic 3 tiered structure

  • district courts

    • 94 district courts staffed by about 700 judges

  • courts of appeals

    • can review all district court decisions. can also rule on decisions from federal regulatory agencies

    • appeals courts don’t hold trials or hear testimony

  • supreme court

    • Americas court of “last resort”. it hears

Marbury v. Madisen (1803)

Background:

just had election of 1800

John Adams (fed)

• makes a lot of last minute judicial appts. that are federalist judges

• Marshall delivers most of the appts. but not Marbury’s

v.

Thomas Jefferson (R)

• James Madison

  • decide not to deliver the remaining appts.

Marbury decides to sue Madison for a writ of mandamus to get his appt.

• letter to get what is rightfully his

• court order

Issue:

the jurisdiction of the s.c.

1. original- article 3

   1. article 3 of the constitution limits the original jurisdiction of the s.c. to dispute between states dealing w/ foreign ministries

      1. judiciary act of 1789- article 13 expands the original juris of the s.c. to include writ of mandamus

2. appellate

   1. the

Constitutional Questions:

1. does Marbury have the right to the position? yes

2. is asking for a writ of mandamus the way to get it? yes

3. does the s.c. have the right to issue the writ? no

Courts Decisions:

judiciary act of 1789 was in conflict w/ article 3 in constitution. you can’t change the original jurisdiction and they can’t without an amendment

Significance:

very first time the s.c. uses the judicial review and declares an act of congress unconstitutional

Types of Federal Courts

• article 3 of constitution creates supreme court; congress creates everything else

• special courts have exclusive jurisdiction

The Selection of Judges

lower courts

• all federal judges are appointed by the pres. and confirmed by a majority vote of the Senate

• senatorial courtesy

the supreme court

• nomination criteria include competence, ideology, and policy preferences, and race, ethnicity, and gender

the confirmation process

• an FBI investigation and a rating from the American Bar Association begins the process

• interests groups are playing an increasing role w/ their use of public protest demonstrations, media advertisements, editorials, and emails to senators

• the Senate Judiciary Committee holds public hearing and then makes a recommendation to the full senate to vote

How the Supreme Court Selects Cases

• S.C. has original jurisdiction in cases involving 2+ states, the US and a state gov’t and US and foreign ambassadors

• writs of certiorari (Latin for “to make certain”

  • most cases heard by the S.C. are on appeal

  • writ of cert is an order by the Court to send up the record n a given case for review

  • cases are only granted cert, if the involve a serious constitutional issue or need help interpreting a federal statute, action, or treaty

• The rule of four

  • clerks screen 9,000 cases that come tp the court each term. justices hold weekly meeting where they discuss petitions prepared by their clerks. at least 4/9 have to agree

• the solicitor general

  • 4th ranking mem. of dept. of justice handles all appeals on behalf of us gov’t. he/she plays an important role in influencing the court’s decision on which cases to hear

Filing Briefs and Oral arguments

• each party is required to file a brief arguing one side of a case. the brief will cite relevant facts, legal principles, and precedents that support their arguments

• interested persons and groups that aren’t actually parties to the case may file amicus curiae (friend of the court) briefs

• oral arguments to the public

The Decision

• justices discuss each case in a closed meeting held on Friday. The Chief Justice presides over the meeting.

• the justices will vote and then must write a formal opinion

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

  • majority opinion- opinion of the court and is the law of the land

  • concurring opinion- supports majority but stresses different constitutional and legal reasons for reaching the judgement

  • dissenting opinion- the minority view that disagrees w/ the opinion of the court. these have no legal standing

Precedent

• stare decisis- Latin for “let the decision stand”

• most cases are based on precedents established i earlier cases

• precedents help make supreme court decisions more uniform, predictable, and efficient

• examples

  • marbury v. Madison- the court established the principle of judicial review as applied to Congress and the pres.

  • martin v. hunter’s lesse- the court extended the power of judicial review to overrule state courts

  • baker v. carr- supreme court established “one person one vote”

  • wesburry v. sanders”- “one person one vote” was applied

• Exceptions

  • brown v. board overturns Plessey v. Ferguson

Judicial Philosophy

judicial restraint

• advocates of this approach argue that precedent and the Founders original intent should decide cases

• advocates also believe that the court should defer to the elected institutions of gov’t

judicial activism

• advocates of this approach argue that the courts must correct injustices when other branches of gov’t or the states refuse to do so

• advocates also argue that the constitution should be read through a modern lens

Public Opinion

• the constitution insulated the S.C justices from direct political pressures

  • justices are appointed to serve life terms subject only to good behavior

  • the salaries of justices cannot be reduced

  • the certiorari process allows the court to set its own agenda

  • public has limited access to court proceedings

• the S.C justices are aware of and sensitive to public opinion

  • the appointment and confirmation process keeps the court from deviating too far from public opinion

  • congress and state legislatures can amend the constitution

  • congress can change the courts appellate jurisdiction

  • congress has the power to change the number of justices on the court

  • justices can be impeached

The Importance of Media

• media has a crucial role

• pres. has an advantage over congress

  • pres. represents nation, congress represents district or state