Judiciary & Oversight, Political Parties, and Legislative Process

Judiciary & Oversight

• Judicial Review

  • Court’s authority to invalidate laws or executive actions considered unconstitutional.
  • Established in Marbury v. Madison.

• Judicial Activism vs. Restraint

  • Judicial Activism: Courts play an active role in shaping policy and can overturn laws.
  • Judicial Restraint: Courts defer to the decisions of other branches of government and engage in minimal interference.

• Tenure on “Good Behavior”

  • Federal judges are appointed for life unless impeached.
  • This arrangement is designed to protect judicial independence.

• Senatorial Courtesy

  • Senators, particularly from the president’s party, exert influence over judicial appointments in their state.

• Impeachment

  • The House of Representatives has the authority to impeach, while the Senate conducts the trial.
  • Impeachment applies to the President, Vice President, judges, and civil officers.

• Federal Judiciary Structure

  • District Courts: Serve as trial courts.
  • Circuit Courts: Handle appeals from district courts.
  • Supreme Court: Holds the final authority in judicial matters.

• Civil Service System

  • Merit-based hiring practices aimed at preventing the spoils system.

• Hatch Act (1939)

  • Restricts federal employees' political activities during work hours.

• Oversight of Bureaucracy

  • Congress observes and monitors federal agencies through hearings, budgeting, and reports.

• Iron Triangle

  • Interaction between Congress, Bureaucracy, and Interest Groups where favors and influence are exchanged.

• Inspectors General

  • Serve as internal watchdogs within agencies, reporting instances of fraud and waste to Congress.

Political Parties & Leadership

• Party Behavior

  • Political parties organize Congress, steer voting behavior, and form coalitions.

• Party Committees

  • Assist with committee assignments, fundraising, and establishing party agendas.

• Caucus

  • A gathering of all members from a political party in a legislative chamber to elect leaders and coordinate policies.

• Majority/Minority Positions

  • House: Includes Speaker, Majority Leader, Minority Leader, and Whips.
  • Senate: Comprised of Majority Leader, Minority Leader, Whips, and the President Pro Tempore.
  • Positions are chosen by party caucuses.

Committees & Legislative Process

• Committee Types

  • Standing Committees: Permanent panels that address specific issues.
  • Select Committees: Temporary committees formed for specific purposes.
  • Joint Committees: Comprised of members from both the House and Senate.
  • Conference Committees: Resolve differences between House and Senate versions of a bill.

• Committee Member/Chair Selection

  • Based on loyalty to the party, seniority, and discretion of leadership.

• House vs. Senate Rules

  • House: Emphasis on strict rules established by the Rules Committee, favoring the majority.
  • Senate: More relaxed rules, relying on Unanimous Consent Agreements (UCAs).

• Open Rule vs. Closed Rule

  • Open Rule: Allows for amendments to be offered.
  • Closed Rule: Prohibits any amendments to be made during debate.

• The Floor

  • Refers to the full chamber where debate on a bill takes place after committee review.

• Filibuster

  • An unlimited debate method used in the Senate to delay or block legislation unless a cloture vote (requiring 60 votes) is invoked.
  • Following cloture, the chamber can debate for 30 additional hours before voting.

• Omnibus Bills

  • Large bills that bundle multiple policies together, making them difficult to oppose individually.

• Rules Power

  • The majority party influences the legislative debate and can block amendments through established rules in the House or UCAs in the Senate.

Congressional Participation & Policy Making

• Ways Members of Congress (MC) Participate:

  • Sponsoring bills.
  • Offering amendments to legislation.
  • Speaking on the chamber floor.
  • Voting on bills.
  • Serving on committees.
  • Engaging in logrolling and bargaining with fellow members.

• Policy Entrepreneurs

  • Members of Congress who advocate for specific policy proposals, utilizing their expertise and timing to effectively influence laws.

• Voting Alignment with the President

  • With the President: Voting in favor of administration-backed bills or confirming nominees.
  • Against the President: Voting against proposed legislation, overriding vetoes, or rejecting appointments.
  • Voting behavior is shaped by party affiliation, constituent feedback, personal ideology, and external pressures.