Unit 2

Interactions Among Branches of Government

Overview

The United States government is structured into three distinct branches that work together to govern the nation:

• Legislative Branch (Congress)

• Executive Branch (President and Bureaucracy)

• Judicial Branch (Courts)

These branches of government have clearly defined powers and responsibilities outlined in the U.S. Constitution. Article I pertains to the Legislative Branch, Article II outlines the Executive Branch, and Article III concerns the Judicial Branch. This framework creates a system of checks and balances designed to prevent any one branch from wielding too much power.

Legislative Branch: Congress

Congress Structure

Congress operates under a bicameral system, which includes two chambers:

1. House of Representatives

   • Composed of 435 members who represent individual districts based on population.

   • Members serve two-year terms, emphasizing the need to remain responsive to their constituents' needs and interests.

   • Primarily responsible for initiating revenue bills, which significantly influence federal funding and budget allocation.

2. Senate

   • Consists of 100 members, with each state represented by two senators, regardless of population size.

   • Senators serve six-year terms, promoting stability and long-term policy considerations.

   • Holds significant responsibilities such as providing advice and consent on treaties and presidential appointments.

Powers of Congress

• Congress is endowed with enumerated powers, which include:

  • The authority to tax, regulate commerce, declare war, and formulate laws that are necessary and proper for executing these powers (often referred to as the Elastic Clause).

  • Notable Supreme Court cases such as Baker v. Shaw (1962) and Shaw v. Reno (1993) illustrate how congressional representation and districting are essential aspects of legislative responsiveness.

Legislative Process

• Bills can be introduced in either the House or the Senate, with the exception that revenue-related bills must begin in the House.

• For a bill to become law, it requires approval from a simple majority in both chambers and must then be signed by the President.

Executive Branch: The Presidency

Presidential Powers

• The President possesses numerous formal powers enumerated in the Constitution:

  • Enforcing laws, negotiating treaties (which require Senate approval), commanding the military, and nominating federal judges.

• Beyond formal powers, Presidents may also exercise informal powers, which stem from their political influence and public standing.

Executive Agreements vs. Treaties

• Executive Agreements are international agreements entered into by the President that do not require Senate ratification.

• Treaties, on the other hand, must receive a two-thirds vote from the Senate to be approved, showcasing a critical difference in how international relations are managed.

Key Issues

• The Veto Power allows the President to reject legislation, thus leading to negotiations with Congress to prevent a veto override.

• The War Powers Act limits the President's ability to engage in military actions without congressional approval within a specified timeframe (60 days for military deployments).

Public Communication

• Modern Presidents utilize media technologies to communicate with citizens effectively. For example, Franklin D. Roosevelt famously used radio for his "fireside chats" to foster a direct connection with the public.

• The rise of social media, particularly during Donald Trump's presidency, has transformed traditional press relations, enabling Presidents to communicate directly with the electorate.

Judicial Branch: The Courts

Supreme Court and Judicial Review

• The concept of judicial review was established in Marbury v. Madison (1803), which granted the Supreme Court the power to declare laws unconstitutional. This crucial mechanism acts as a check on both the legislative and executive branches.

• Supreme Court decisions can reanimate significant conversations about civil rights, individual liberties, and overarching government regulations.

Court Structure

1. U.S. District Courts

   • These courts serve as the lowest level within the federal court system, dealing with trial cases ranging from civil disputes to criminal prosecutions.

2. U.S. Circuit Courts of Appeals

   • These intermediate courts handle appeals from district court decisions, ensuring that proper legal processes were followed.

3. Supreme Court

   • The highest court in the United States, primarily hearing appeals on important legal questions. Decisions made here set binding precedents for lower courts.

Accountability and Checks

• Checks on Presidential Power

  • Congress possesses the authority to impeach the President, pass legislation addressing judicial powers, and control funding for executive branches.

• Checks on Judicial Power

  • Congress can change the number of Supreme Court Justices, redefine jurisdiction, and propose constitutional amendments that could potentially override judicial rulings.

Conclusion

The intricate interplay among the branches of government reflects the framers' intent to establish a balanced government. Each branch possesses mechanisms designed to check the authority of the others, creating a framework that ideally protects against tyranny and ensures a representative governance. This system is fundamental to the United States' political stability and the preservation of democratic principles.

Franking Privilege

Definition: The franking privilege is the ability of members of Congress to send mail to their constituents without having to pay postage.

Key Points:

• It is intended to help elected officials communicate with their constituents more effectively.

• Franked mail includes official correspondence, newsletters, and other communications relevant to their duties as public officials.

• The use of the franking privilege is regulated to prevent misuse of resources for campaign purposes.

• While it provides significant advantages for incumbents in maintaining visibility and communication, it has also been criticized as a means of incumbency advantage in elections.

Government Bureaucracies

Government bureaucracy refers to the administrative system governing any large institution, including the government itself. The U.S. federal bureaucracy implements laws and policies enacted by Congress and the executive branch. Here’s a description and explanation of the main government bureaucracies:

1. Department of State

• Description: Manages international relations, foreign affairs, and diplomacy.

• Responsibilities: Overseeing U.S. foreign policy, issuing passports, and representing the U.S. at the United Nations.

2. Department of Defense (DoD)

• Description: Responsible for national security and overseeing the armed forces.

• Responsibilities: Developing U.S. military strategies, managing military resources, and coordinating defense policies.

3. Department of Justice (DOJ)

• Description: Enforces the law and defends the interests of the U.S. according to the law.

• Responsibilities: Investigating and prosecuting federal crimes, overseeing federal law enforcement agencies like the FBI, and ensuring fair legal practices.

4. Department of the Treasury

• Description: Manages the nation’s finances, including the revenue and expenditures of the federal government.

• Responsibilities: Collecting taxes, producing currency, managing federal debt, and advising on fiscal policy.

5. Department of Homeland Security (DHS)

• Description: Protects the United States from threats and manages national security.

• Responsibilities: Overseeing immigration, emergency management, cybersecurity, and border security.

6. Department of Health and Human Services (HHS)

• Description: Works to enhance the health and well-being of Americans.

• Responsibilities: Managing public health, providing health services, and overseeing programs such as Medicare and Medicaid.

7. Department of Education

• Description: Promotes educational excellence and ensures equal access to education.

• Responsibilities: Setting educational policies, providing federal funding for education, and ensuring compliance with federal education laws.

8. Department of Labor

• Description: Oversees the rights and well-being of workers.

• Responsibilities: Administering labor laws, promoting worker safety, and collecting labor statistics.

9. Department of Agriculture

• Description: Oversees farming, forestry, and food production.

• Responsibilities: Implementing policies on farming and rural development, managing food assistance programs, and ensuring food safety.

10. Department of Commerce

• Description: Promotes economic growth and job creation.

• Responsibilities: Supporting U.S. businesses, conducting the census, and managing trade and economic analysis.

11. Department of Energy (DOE)

• Description: Manages the nation’s energy policies and nuclear material.

• Responsibilities: Overseeing energy production, promoting energy conservation, and ensuring the safety of nuclear facilities.

12. Department of Housing and Urban Development (HUD)

• Description: Focuses on national housing needs.

• Responsibilities: Providing affordable housing, addressing homelessness, and ensuring equal housing opportunities.

13. Department of Transportation (DOT)

• Description: Oversees the nation's transportation systems.

• Responsibilities: Regulating highways, railroads, air travel, and transportation safety.

14. Environmental Protection Agency (EPA)

• Description: Protects human health and the environment.

• Responsibilities: Enforcing environmental laws, regulating pollution, and promoting conservation efforts.

15. Small Business Administration (SBA)

• Description: Supports and protects the interests of small business owners.

• Responsibilities: Providing loans and grants to small businesses, advocating for small business needs, and offering entrepreneurial education.

Conclusion

Each of these bureaucracies plays a vital role in the effective implementation of policies and regulations, ensuring the government runs smoothly and serves the needs of the public. Their functions and responsibilities are fundamental to governance and shaping policy in various sectors of society.

Shaw v. Reno (1993)

Definition: Shaw v. Reno was a landmark Supreme Court case that addressed the issue of racial gerrymandering in congressional district maps. The Court ruled that districts drawn solely to enhance minority representation must be scrutinized under strict scrutiny to ensure they do not violate the Equal Protection Clause of the Fourteenth Amendment.

Marbury v. Madison (1803)

Definition: Marbury v. Madison is a foundational Supreme Court case that established the principle of judicial review in the United States. The Court ruled that it had the authority to nullify an act of Congress that was found to be in conflict with the Constitution, affirming the judiciary's role as a check on legislative and executive power.

Baker v. Carr (1962)

Definition: Baker v. Carr was a significant Supreme Court decision that addressed the issue of legislative apportionment and the concept of "one person, one vote." The Court held that redistricting issues could be heard by federal courts, ruling that the equal protection clause of the Fourteenth Amendment applied to state legislative districts, thus enabling challenges to unequal representation.

Shaw v. Reno (1993)

Definition: Shaw v. Reno was a landmark Supreme Court case that addressed the issue of racial gerrymandering in congressional district maps. The Court ruled that districts drawn solely to enhance minority representation must be scrutinized under strict scrutiny to ensure they do not violate the Equal Protection Clause of the Fourteenth Amendment.

Marbury v. Madison (1803)

Definition: Marbury v. Madison is a foundational Supreme Court case that established the principle of judicial review in the United States. The Court ruled that it had the authority to nullify an act of Congress that was found to be in conflict with the Constitution, affirming the judiciary's role as a check on legislative and executive power.

Baker v. Carr (1962)

Definition: Baker v. Carr was a significant Supreme Court decision that addressed the issue of legislative apportionment and the concept of "one person, one vote." The Court held that redistricting issues could be heard by federal courts, ruling that the equal protection clause of the Fourteenth Amendment applied to state legislative districts, thus enabling challenges to unequal representation.

Shaw v. Reno (1993)

Definition: Shaw v. Reno was a landmark Supreme Court case that addressed the issue of racial gerrymandering in congressional district maps. The Court ruled that districts drawn solely to enhance minority representation must be scrutinized under strict scrutiny to ensure they do not violate the Equal Protection Clause of the Fourteenth Amendment.

Marbury v. Madison (1803)

Definition: Marbury v. Madison is a foundational Supreme Court case that established the principle of judicial review in the United States. The Court ruled that it had the authority to nullify an act of Congress that was found to be in conflict with the Constitution, affirming the judiciary's role as a check on legislative and executive power.

Baker v. Carr (1962)

Definition: Baker v. Carr was a significant Supreme Court decision that addressed the issue of legislative apportionment and the concept of "one person, one vote." The Court held that redistricting issues could be heard by federal courts, ruling that the equal protection clause of the Fourteenth Amendment applied to state legislative districts, thus enabling challenges to unequal representation.

Shaw v. Reno (1993)

Definition: Shaw v. Reno was a landmark Supreme Court case that addressed the issue of racial gerrymandering in congressional district maps. The Court ruled that districts drawn solely to enhance minority representation must be scrutinized under strict scrutiny to ensure they do not violate the Equal Protection Clause of the Fourteenth Amendment.

Marbury v. Madison (1803)

Definition: Marbury v. Madison is a foundational Supreme Court case that established the principle of judicial review in the United States. The Court ruled that it had the authority to nullify an act of Congress that was found to be in conflict with the Constitution, affirming the judiciary's role as a check on legislative and executive power.

Baker v. Carr (1962)

Definition: Baker v. Carr was a significant Supreme Court decision that addressed the issue of legislative apportionment and the concept of "one person, one vote." The Court held that redistricting issues could be heard by federal courts, ruling that the equal protection clause of the Fourteenth Amendment applied to state legislative districts, thus enabling challenges to unequal representation.

Federalist 51

Overview: Federalist No. 51, written by James Madison, addresses the mechanisms of checks and balances within the U.S. government.

• Main Points:

  • It suggests that each branch of government should be independent to ensure that no one branch dominates the others.

  • Madison argues for an internal system of checks and balances to prevent any faction from gaining too much power.

  • The essay emphasizes the importance of separating powers and the necessity of government structure to protect liberty.

Federalist 70

Overview: Federalist No. 70, authored by Alexander Hamilton, discusses the necessity of a strong, energetic executive.

• Main Points:

  • Hamilton argues that a single executive is more effective than a committee or council in executing laws.

  • A strong executive is necessary to ensure accountability and decisive action during emergencies.

  • The essay outlines that the executive should possess vigor and secrecy, which are critical for the effective administration of government.

Federalist 78

Overview: Federalist No. 78, written by Alexander Hamilton, focuses on the role of the judiciary in the new government.

• Main Points:

  • Hamilton argues that the judiciary must be independent and not subject to political pressures.

  • He discusses the power of judicial review, explaining that courts have the authority to invalidate legislative acts that conflict with the Constitution.

  • The essay conveys the importance of an independent judiciary in protecting civil liberties and maintaining the rule of law.

Stare Decisis: Stare decisis is a legal principle that mandates courts to follow precedents established in previous court decisions when making rulings in similar cases. This principle ensures consistency and predictability in the law, as courts are bound to adhere to established interpretations and rulings unless there is a compelling reason to overturn or distinguish from them. Stare decisis promotes the stability of legal interpretations and helps maintain the rule of law.