Government Section 3 Notes

3.1- The Three Most Important Things

3 most Important things to Members of congress
. Get re-elected., 2.-Get re-elected. 3.-Get re-elected
– Most of congress wants to go and serve, and the only way to do that is to
get reelected. Some are nefarious with their intuitions though
– Home Style [ Richard ], - “ Im one of you” “ Im not one of you, but I can
represent you”
3.2- Redistricting
Congressional Seats
– Census- Every 10 years
– Apportionment [malapportionment] - deciding hoe many
congressional seats a state gets [ splitting up the pie]
– Redistricting- redrawing new state district boundaries, Ohio +5%, only
occurs in states that have a change within congressional districts like
Ohio
– Gerrymandering- Any time those who draw districts, does so in the
advantage or disadvantage of the other party..” Cracking and packing”
the map for a huge advantage or disadvantage to either party side.
3.3- Two Hats
Ohio’s Redistricting policy, passed in Nov 2018
– New Map Must be approved by 2/3rds of legislator including 1/2 of the
minority.
– The laws was struck don by Ohio republicans and the prices never
changed
Role Of congress
– Role of balance-of-power [zero sum equation]
– Representational roles: Trustee- someone you give power to to act In
your behalf, lMmebers bank on people not keeping track of wha they
actually do in congress, most people don’t play close attention to votes.
Delegate- I am delegating this to you,, I want this done do it for me, they
are the “mouthpieces”
– Congress tend to be more of a delegate and senators tend to assume the
role of trustees,, this is due to term lengths
3.4- Powers/ impeachment
Powers of Congress
– Taxation, Issue Patents, Coin Money, Postal Matters, Set Weights and
1
Measures, Create courts, declare war
Key Differences
– Senate- advice and consent, 6 year term, there is 100 of them, foreign
–
policy
– House- initiate revenue bills, 2 year term, there is 435 of them since
1911,
Congressional Oversight of The Executive Branch
– Foreign Affairs, Confirmation of appointees, impeachment process
impeachment process
– House- Power to impeach [bring charges]- against majority vote
– Senate- power to try a two-thirds vote to contact
– Judiciary- Supreme Court Chief Justice Presides but does not vote.
– Three Presidents impeached- Andre Johnson, Bill Clinton, Donald Trump
[x2]: none convicted
3.5- The (congressional) management
Organization of Congress- Party Leadership ( Whip is a disciplinarian of
“party”)
– House: Speaker of the House> Majority Leader> Minority Leader>
Majority Whip > Minority whip
– Senate- President Pro tempore ( more of a figure head ) > Majority
Leader ( where the power lays) > Minority Leader> Majority Whip >
Minority whip
Congress at Work - The Committee System
– Standing committee- doesn’t have other be reauthorized or reconvined,
are permanent have ! Member assigned to each
– Joint Committees- Made of members of both chambers
– Conference committee- one that is both chambers for the purpose of
approving bills
– Adhoc, special or select— temporary for one issue
– Sub-Committee— serve as the workhorse off standing committees.
3.6- Leg Process (house)
How A Bill Becomes Law- House
– Introduced - Committee— subcommittee— committee—rules committee,
— full house committee of the whole
– Tabling the bill at intro is a polite way to shove it in the trash can
3.7-Leg Process (Senate)
How A Bill Becomes Law- Senate
– Introduced⸺ committee⸻— subcommittee⸺ committee⸺ Full
senate [“hold-- from a single senator” ” Filibuster--to monopolize
conversation, stops the senate”
– Cloture: Magic 60 “ — majority of votes needed to shut down the
filibuster
– Courtesy & reciprocity”— go along to get along, scratch mine ill scratch
yours
How a bill becomes Law — final actions
– Conference Committee “ Final Version” ⸺ House + Senate [x2 for
appropriation bills.. now with “earmarks”] ⸻ Presidential Sign or veto
—
– Congress can override presidential veto with supermajority of both
houses
– Pocket veto- President can “pocket” it for 10 days, and if congress is not
in session it is “automatically vetoed”
3.8 Influences
Influences On Decisions — [Best way to get reelected is to do a good job]
– Constituents
– Colleagues
– Political Parties
– Interest groups
– Staff
Incumbency
– Incumbency Advantage- The electoral edge afforded to those already in
office… gained via… [- Edge In Visibility, - experience, - Organization,
-Fundraising ability, - franking privileges [ members can send free mail]
3.9-Throw the Buns Out
Reasons Why Incumbents Loose
– Redistricting, Scandals, coattails { you ride in or out of popularity on
president] , Midterm elections
3.10- The Other Branch
US Presidents
Attributes of historical presidents
– Military Service, former senator, former governors, former vice
presidents, held advanced degrees ( lawyers)
3.11- The Fickle American Public
– We want the right balance of Socratic and decisive
– The Ideal American President: Straight, god-fearing, educated, telegenic,
personable, experienced, middle-aged [?], Family Man [?]
3.12- To serve
The Office of President
– Qualifications: natural-born citizen of the US, 35 years old, Resident if
the US for at least 14 years, Head of state and head of government.
– Term of Office : 4 years; 2x⸻ 22nd amendment, Washington
precedent
3.13- Executive Power
Power executives
– Wartime presidents
– Therefore, the presidency gains power most during times of national
crisis.
Presidental Power
– Formal— constitutional power, automatically conferred.
– Professional reputation — ability to convince and convey those around
you, ability to make things happen , ability to persuade ,
– Prestige—
3.15- Hx Prez Power
Development of Presidential Power
– Washington- defining powers
– Jackson- national leader, spoils system , a populist
– Lincoln: war/emergency actions
– Roseveselts And Wilson— Budgetary/ bureaucratic
Powers Of the President- commander in chief, Veto, convene congress, make
treaties, pardon, appointment
More Power?
— Signing statements— where a president agrees to sign a bill but states they
have no intention of enforcing it
— Executive order— isn’t a law, only came from the exec “ like a short term law,
being used increasingly recently”
3.16- Czars
– Direct Advisors to President , czar means head of something, not subject
to confirmation since they work. Directly for the president/ white house
– Trickery: Peral harbor— people suggested ppl knew about both it. Gulf of
Tonkin— they shout US, leading to congress giving Johnsons the
authority he needed. To prosecute the war.
War Powers Act, 1973
– 30 days to respond to hot-spot
– So days for congress to debate and approve or disapprove after 1st 30
days
– After this, 30 days to withdraw troops
– Reality— president has 90 days to conduct a war… who has the power,
congress or the president? — no president has actually ever used it-
SCOTUS suggested it could be unconstitutional.
3.17- kings? [NOT]
Constraints
– Constitution: balance of power/ Federalism
– Elections —[ Cycles]
– Global events
– Public Opinion
– Bureaucracy
– First Lady?
3.18- Veeps
Succession to the Presidency
– Eight Presidents have died in office
– Presidential Succession act of 1947
– 25th Amendment 1967— Requires VP to replace president if that office is
vacated.
– Vice President— Presides over senate, stand in case of presidental death
or emergency
– Geographic balance some parings: John Kennedy and Lyndon Johnson
— using one person form part of country to help you get “across the
finish line”
3.19- The bureaucrats
Bureaucracy
– A set of complex hierarchical departments, agencies, commissions, and
their staffs that help the president enforce federal laws\
Development of the Bureaucracy
– 1789— State, War, and Treasury departments
– Jackson-spoils system
– Civil war- expansion/ patronage
– Civil Service- Merit system (pendelton Act 1883)\
– Hatch Act 1939, rev 1993.— Civ service can’t do political functions, and
camping efforts
– 1978- Office of personnel management
– 1980s; Vetrans administration
– 2003: department of homeland security
Who are the Bureaucrats
– Career gov employees who work in executive branch
– 3.1 million [1.4 military]
– Appointees - 2000 schedule Cs— needs to be confirmed by senate
– Wide diversity of jobs, divided into 4 categories: Cabinet, Indy-agencies ;
Quasi- Gov; Regulatory
3.20- Bureaucractic Categories
Federal Cabinet Departments
– Major administrative units responsible for broad areas of Gov Operations,
subdivided into offices and Bureaus
Independent Agencies
– Federal Org similar to cabinet
– Agency head is someone appointed by and can be removed by president
– Ex— Nasa, Epa
Quasi-governmental Corporations
– Business created by congress to preform private-sector type work,,—
charge for services,,— Ex, USP, Amtrak
Regulatory Agencies/ Commissions
– Created to exist outside of cabinet, regulates specific economic interest.
–
Ex- NLRB, FCC, SEC, OHSA
– 3 branch characteristics
3.21- Webberianism
Roots of The federal Bureaucracy- Max Webers Model
– Chain of command, Specified authority, division of labor , impersonality,
productivity, sense of satisfaction??
3.22 Bureaucratic reforms
– Perceived Problems; size, scope, Iron triangles, accountability,
– Terminate— just get rid of it
– Devolution- moving it from the federal level to state or local— one level
of government to another
– Privatization — esp the military , prisons
3.23- Big Question
What Should Government Do ?
– Laissez faire ?- less government , hands off, open capital open trade
– Night Watchmen Model? - gov only role should be defense
– Rogger Barons? Corp became the thing gov was preenstning, steel and
rail trusts
– New Deal ? Working man needs voice at table as well, SSDI and minimum
wage\
– War on poverty? Iidv pop as a gov problem, its systemic
– “The big government era is Over”- Bill Clinton
– Compassionate Conservatism, GWB private sector can play an increasing
role, goodness of heart not gov
– The Wrecking - ball - Trump adminsitration
–
3.24 The 3rd branch
Criminal Law
– Regulates peoples individual conduct and is enforced by government
– Assumes society is victim; therefore government prosecutes
– Traditionally state concern, only 5 percent ofcases in us are at fed level
Civil Law
– Regulates conduct and relationship between individuals or companies
– Involves lawsuits filed by private parties to recover something of value
The Courts Authority
– Hamilton referred to it as the “ toothless: branch of gov
– Judicial Review— Marbury v Madison, 1803 — authority to interpret
the constitution
The Federal Court System
– US District Courts— Trial courts of original jurisdiction, 812 judges,
every sate has at least 1 court , Involves federal government, or federal
question , or citizens of different states
– Circuit Court of Appeals: — Hear appeals from district courts or
administrative agencies, 167 Active and 78 senior judges, no original
jurisdiction, last resort fro almost all federal cases
3.25- Top of their class
SCOTUS
– * associate justices and 1 chief justice
– Reviews cases from courts of appeals and state supreme courts
– Only court that heats both original and appellate cases
Federal Selection Process
– President> Dept of Justice.> Senators> American Bar Association>
Interest groups > Senate Judiciary committee> senate
Appointment Considerations
– No constitutional qualifications, competence { best of the best},
Ideology/political preferences, rewards , pursuit political support ,
religion, race and gender,
3.26, GET BORKED
– Robert Bork , in 1987 nominated by Regan for empty SCOTUS seat, goes
for s senate consideration and confirmation , was rejected is solely base
off his idealogical position he was “ too conservative” — became
associated with the idea that the senate would be partisan with SCOTUS
confirmations , Justice Kennedy was appointed instead. His name
became a verb, if you get rejected because of an ideological purpose or
polics you get “ BORKED”, merrick garland— appointed by Obama , got
BORKED no hearing or vote bc of Mitch mcconell
3.27
3.28 Get your day in court[ if you can ]
Get your case Heard
– 800 annual applications to Supreme Court
– Standing and Politics
– Ripeness and Mootness
– Reviewed by clerks
– Reviewed by “cert” pool
– Rule of Four writ of certiorari —4 of 9 justice to call up case
– 80 cases accepted ( about 1 percent make I too the court and get heard)
3.29. Hearing Cases
Supreme Court Decision Making
Parties briefs “ Amicus curiae” > Oral Argument.>> Conference: discussion and
vote>>> opinion drafting>>>.Opinion announced
Types of Opinions
– Majority— the popular opinion
– Concurring, I support the decision but cam to the conclusion another
way
– Dissenting, I disagree and this is why
– Read in public record to set precdent
Judicial Police Making
– Juridical Activism (ladvocate for society) vs Juridical Restraint —
( conservative backpedal)
– Following Precedent ( Stare decisis) or rejecting precedent
– Policy is made by interpreting statutes and the constitution
– Declaring laws unconstitutional makes policy
Waren, Activist
– Earl Warren Court, Shifting away from lockean construct — went from
shield to a sword
– Brown v Board of education ( One and two)
– One Man, One Vote ( Baker v Carr)
– Mapp v Ohio— serch was not warrantedm pole can not ransack people
stuff,
– Miranda v Arizona— Miranda warnings , need not to self incriminate
– Gideon V Wainright— right to counsel
– A body of work that suggest the court saw injustices, and wen not
progressive activism for the court from 1952-1969,
Burger, neutral
– Roe V Wade
– Pentagon Papers— 1st amendment and free press
– Restriction of Capital Punishment
– Localization of Obscenity
Rehnquist, constructionist
– “Each state is a sovereign entity”
– Restraint is the anti majoritarian nature of the court
The Roberts Court
– Constructionists- the constitution should solely be inteperpetred not
built upon
– Affordable Acess to healthcare
– Abortion
– Gay Marriage
– Executive Power
Effective Implementation of a judicial decision
– Decision is well written and easily understood
– Decision is popular
Implementation/ enforcement
– How and whether judicial decisions are translated into actual public
polices depends on how effective the court is in compelling the Executive
Branch to enforce it; which gives the Bureaucracy a great deal of political
power and discretion.