1210 Government Test 3

"The Politics of Advice and Consent: Putting Judges on the Federal Bench" by Sarah Binder and Forrest Maltzman: What is the "nothing new under the sun" theory?

Suggests that ideological conflict over the makeup of the bench has been ever present in shaping the selection of federal judges and justices.

Which political player is often referred to as the "tenth justice"?

The solicitor general, the third-ranking official in the Department of Justice who is responsible for representing the United States in cases before the U.S. Supreme Court.

What does your text mean when it notes that "there are at least two kinds of White House offices"?

The two kinds of White House offices are political and policy. Political offices are designed to help the president run for reelection, control the national party, and shape the president's image through press conferences, television, and radio addresses, polling, and travel. Policy offices are designed to shape the president's foreign and domestic program. Like congressional committees, these offices collect information and often write legislation.

Presidency- power and expectation

-Presidential power has increased exceptionally in the past 70-80 years. -Expectations about presidential achievement have outpaced the power of the office.

How did Theodore Roosevelt change the office of the Presidency?

. Roosevelt saw the Presidency as a more important position. He argued that the "take care" clause ("the President shall take care that the laws be faithfully executed") was an independent grant of power to the Presidency, one that implied other powers (like the necessary and proper clause did for Congress).

Cronin: to understand the White House, we must examine it through a sense of four paradoxes

1. Americans demand a powerful president, yet we are suspicious of concentrated power. 2. Americans want a "common person" in the White House, but yearn for heroic leadership. 3. Americans want a morally decent person as a president, yet also desire a ruthless leader. 4. Americans want a president who will unify us, but who is also unafraid of dividing us. (We give our presidents unrealistic expectations)

Impeachment

A formal accusation against the president or another public official; the first step in removal from office. House of Representatives is responsible for drafting the articles of impeachment that charge the president with treason, bribery, or high crimes and misdemeanors. If the articles are approved with a majority vote in the House, the chief justice of the Supreme Court oversees trial before Senate. Two-thirds of Senate vote to convict. Impeachment charges have been filed nine times but only two were convictions.

Signing statements

A formal document that explains why a president is signing a particular bill into law. These statements may contain objections to the bill and promises not to implement key sections. The rise and fall in the number of signing statements reflects both the numbers of bills passed by Congress, which has declined, and the drift towards larger bills that contain "riders" or unrelated provisions buried in the text.

Writ of certiorari

A formal writ used to bring a case before the Supreme Court; requires payment of Court fees.

Adversary system

A judicial system in which the court of law is neutral arena where two parties argue their differences; guarantees fairness.

Executive Orders

A president's or governor's formal order to a government agency, or agencies, that carries the force of law. They are generally accepted as the law unless they conflict with the Constitution or a federal law. The orders can be reversed by future presidents, however, which make them less enduring than formal laws.

War Powers Resolution

A resolution passed in 1973 requiring the president to give advance warning of military attack or ask specific legislation. Article I of the Constitution gives Congress the power to declare war, but Article II gives the president the power to wage war as commander in chief. The law declares that a president can commit the armed forces only after a declaration of war by Congress, by specific statutory authorization, or in a national emergency created by an attack on the United States or its armed forces (the president is required to report to Congress within 48 hours).

Rally points

A rise in public approval of the president that follows a crisis (domestic or international) Americans "rally round the flag" and the chief executive. Rally points tend to not last long.

"The People v. Presidentialism" by Dana Nelson: What is the unitary executive theory?

A set of strategies to build power for the executive branch. Promotes unilateralism by a unitary executive. This directly challenges the system of checks and balances that the Founders put in place to create a healthy government. It proposes that presidents should control all administrative power with an unchecked right to implement policy. Not bound by the Supreme Court because he in an equal interpreter of the Consitution.

"The Cult of the Presidency" by Gene Healy: What is the thesis of the Terror Presidency?

After 9/11, all eyes were on the executive branch, waiting for him to act and keep the country safe. Everyone knew that all eyes were on him regardless of Congress. Presidents fear responsibility without authority, so the power of the chief executive is growing. "For generations the Terror Presidency will be characterized by an unremitting fear of attack, an obsession with preventing the attack, and a proclivity to act aggressively and preemptively to do so....If anything, the next Democratic President—having digested a few threat matrices, and acutely aware that he or she alone will be wholly responsible when thousands of Americans are killed in the next attack—will be even more anxious than the current President to thwart the threat."

What does Hamilton argue in Federalist 78?

Alexander Hamilton makes the case that the judiciary should have the power to declare statutes and actions unconstitutional because the judiciary is the "least dangerous branch."

"The Political Utility of Empathy in Presidential Leadership" by Colleen Shogan: How is empathy defined by Martin Hoffman?

An effective response more appropriate to another's situation than one's own.

Make sure that you understand the section titled "Judicial Power in a Constitutional Democracy."

An independent judiciary is one of the hallmarks of a constitutional democracy and a free society. As impartial dispensers of equal justice under the law, judges should not depend on the executive, the legislature, parties to a case, or the electorate. But judicial independence is often criticized when judges make unpopular decisions.

Gallagher and Blackstone

CANOE traits impact use of executive order

"Presidential Character and Judgment: Obama's Afghanistan and Health Care Decisions" by Stephen Wayne: Make sure you understand the sections "What is Character?" and "Conclusion."

Character is a basic orientation toward life. It is based on self awareness and unconscious feelings. Personality develops and operates from character. Character development also affects beliefs. Presidents try to convey their beliefs and what they say about their future decisions in office. Style is a derivative of character. It's how we go about doing things. A political style is developed at the time of a person's first political success. Presidents must convey their personality to get elected, but also learn the job and adapt their behavior accordingly in office.

Competitive vs. Collegial vs. Hierarchical Models for running the White House

Competitive approach, "survival of the fittest", the president allows aides to fight each other for access to the Oval Office. (In terms of White House staff members). Collegial, encouraging aides to work together towards a common position, friendlier but has a serious draw back of "groupthink". Hierarchical, the president establishes tight control over who does what in making decisions; president who choose this method often rely on "gatekeepers," or trusted advisors, to monitor the flow of information into the Oval Office.

"The Most Democratic Branch" by Jeffrey Rosen: What does Rosen argue is the Court's relationship with public opinion?

Courts are broadly in sync with public opinion. Courts tend to reflect the views of the majority. When they attempt to act unilaterally against public opinion, they often receive a lot of backlash.

"The People v. Presidentialism" by Dana Nelson: What role does the idea of disagreement play in her thesis?

Democracy gives us a plan for self-rule, but does not give us a way to resolve or get along with others. A lot of disagreement comes into play. Disagreement is heavily portrayed as negative and dangerous, especially in the media. We tend to choose areas in life where people do not disagree with our beliefs. It becomes very insular. The president knows how much we like disagreement, so he plays on this during election time by promising to end conflict and make Congress agree and act upon legislature, and unify the nation.

"The Most Democratic Branch" by Jeffrey Rosen: What is democratic constitutionalism? What is judicial unilateralism?

Democratic constitutionalism: when the courts have deferred to the constitutional views of the country as a whole. Judicial unilateralism: a court's decision to strike down federal or state laws in the name of constitutional principle

Dissenting and concurring opinions

Disserting opinion is an opinion disagreeing with the majority in a Supreme Court ruling; common as justices hope that someday they will command a majority of the court. Concurring opinion is an opinion that agrees with the majority in a Supreme Court ruling but differs in the reasoning. Judicial opinions can be directed at Congress or at the President.

What does denial of a writ of certiorari mean?

Does not mean the justices agree with the decision of the lower court, nor does it establish precedent. Refusal to grant a review can indicate all kinds of possibilities. The justices may wish to avoid a political "hot potato," or they may be so divided on an issue that they are not yet prepared to take a stand, or they may want to let an issue "percolate" in the federal courts so that the Court may benefit from their rulings before it decides.

"The Most Democratic Branch" by Jeffrey Rosen: What does Rosen recommend is the best way to avoid "inspiring political backlashes"?

Don't strike down laws unless they know that they will be upheld

"The Political Utility of Empathy in Presidential Leadership" by Colleen Shogan: Make sure you understand the conclusions drawn in the section titled "The Political Importance of Empathy in the Presidency."

Empathy is important for presidents. Empathy enables presidents to see the whole in a large republic. The more accurately he can perceive emotions of another, the more informed decision he can make. It can serve as a source of information that influences decisions. Second, a sense of empathy can improve communication between the president and the nation. They can use it to formulate effective rhetorical arguments. Finally, it can enhance leadership during national emergency or a time of crisis. He must be able to understand the sadness of the citizens. Empathy also has political value. You can empathize with political adversaries for benefit. One must have a careful balance between empathy and decisive leadership to be truly effective.

"Taking Matters Into Their Own Hands: Presidents' Personality Traits and the Use of Executive Orders" by Maryann E. Gallagher and Bethany Blackstone: What are the five broad factors that are serve as the crucial variables in the widely accepted model of personality in psychology? Make sure that you can provide a one sentence definition for each of the broad factors.

Extraversion: captures where an individual directs his or her energy. Appears to oneself as reflection, and the outside world as action. Outgoing or shy/Agreeableness: Scoring high on agreeableness means someone is altruistic, , sympathetic, willing to trust and help other. Scoring low means they are antagonistic stubborn, and skeptical of others. Conscientiousness: self-control and constraint. How focused someone is, if they follow the rules, think before actingNeuroticism: emotional stability. Represents someone's tendency to experience stress and how they handle it. How rational they are and how they handle distress. Openness to Experience: How open and creative someone is. If they crave stimulating experience or not.

What does your text refer to as "the most common preparation for Supreme Court judges"?

Federal court experience, most are federal lower-court judges at their time of nomination.

What does your text say about the office of the Vice Presidency?

For most of history the vice president was an insignificant officer at best and, at worst, a political rival who sometimes connived against the president. The office was often dismissed as a joke. Their main responsibility is to be ready to take the oath of office in the president cannot discharge his duties.

"The Presidential Spectacle" by Bruce Miroff: What role do facts play in presidential spectacles?

Gestures can be overshadowed by facts, but facts often remain to nurture gestures. They would not be impressive without real events. Some of the facts may discredit the spectacle, therefore, it must be stronger than the facts it draws on to be successful. They must carefully use the good facts and quickly discredit the bad ones.

What does the text say about the nomination of Robert Bork to the Supreme Court?

He adopted a different and ultimately unsuccessful strategy. He had written so many law articles, made so many speeches, and decided so many cases as a circuit court judge, Bork sought to clarify his constitutional views in defending himself before the Judicial Committee.

"Joy of Power..." by Richard Ellis: How did Theodore Roosevelt change the office?

He enjoyed being in office and exercising power, and he set the precedent for future politicians that it is okay to enjoy it and have fun and openly like exercising power.

"The Presidential Spectacle" by Bruce Miroff: Why does the author suggest that presidential activities are akin to professional wrestling?

He refers to this because it seems that the audience (the voters) happy to see the sight of a good guy fighting an overpowering, rich, horrible bad guy in a way that gained public support. The outcome is preodrdained. What matters are the gestures made during the match. The contemporary White House is a series of spectacles with a larger than life main character and supporting team take on immoral and dangerous adversaries.

"The Most Democratic Branch" by Jeffrey Rosen: According to Rosen, what should be the Court's relationship to public opinion?

He thinks that the people could not possibly make the kinds of choices judges have to make, but for courts to keep their legitimacy, they must still side with the majority.

Rule of four

If four justices are sufficiently interested in a petition, it will be granted and the case brought up for review.

"The Most Democratic Branch" by Jeffrey Rosen: How is the Schiavo case related to Rosen's thesis?

In this case, the judges that ruled aligned with the popular views of the people. They ruled to remove the feeding tube from Schiavo, and many thought that it was wrong for Congress and the executive branch to step in on the case.

How have innovations in communication and transportation changed the office of the Presidency?

Innovations in communication and transportation let the President address himself to a much larger audience much more quickly (nearly instantaneously, in fact). This is the heart of Presidential power; if the President can persuade a lot of voters across the country to see things his way, he can use them to pressure Congress to do what he wants.

"The Presidential Spectacle" by Bruce Miroff: What does the author mean when he suggests that Clinton, at least early in his presidency, lacked an important ingredient for presidential spectacles?

It means that Clinton didn't have an enemy. Many of the other presidents had someone they were fighting against to keep the public interested and supportive. He did not have this. He needed this to make the "wrestling match" effective.

"The Presidential Spectacle" by Bruce Miroff: Why does Miroff argue that Bush's landing on the aircraft carrier [Abraham Lincoln] was a "new classic" of presidential spectacles?

It was an event so large and so planned that it reached a whole new level. It showed he was one with the troops and willing to take some risk with them.

"Presidential Character and Judgment: Obama's Afghanistan and Health Care Decisions" by Stephen Wayne: In explaining the necessity of studying character, Wayne discusses the trade off between external validity versus comparability. What does he mean here?

It's a tradeoff because the more detail they include, the more likely the case will reflect the real world, but also the more difficult it will be to generalize from one decision or action to another.

"The People v. Presidentialism" by Dana Nelson: What does Nelson suggest is the relationship between formal institutions and democracy?

It's very hard to institute, and even harder to maintain. People don't trust the representative institutions. They should be a means for democracy, not a democracy themselves.

Judicial activism vs. judicial self restraint

Judicial activism is a philosophy that judges should freely strike down laws enacted by the democratically elected branch if they violate broad norms and values. Judicial restraint is a philosophy proposing that judges should strike down the actions of the elected branches only if they clearly violate the Constitution.

What is judicial review? Which courts in the United States possess this power?

Judicial review is the ability of a court to declare a legislative or executive act null and void1 if it does not comport with the Constitution. In the United States, every court has the power to review legislative and executive acts for their constitutionality, unless the court's statutory charter explicitly forbids it.

Amicus curiae briefs

Literally, a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case; usually a argument specific to their members and of interest to the justices.

"Jimmy Carter and George W. Bush: Faith, Foreign Policy, and an Evangelical Presidential Style" by Jason Berggren and Nicol C Rae: How does the evangelical style conflict with both Neustadtian and Weberian models?

Neustadt believed that presidents should men of experience and political passion. He thought the presidents should be seasoned politicians. In a more evangelical belief, men should be amateur and have strong faith and values to guide them in office. We have had successful presidents that have strong faith that go against Neustadt's characteristics. Neustadt thinks that they will fail because they don't understand the system and institutional limits. Weber said that moral absolutes have no place in politics. He thought that politicians should be made up of a head not a soul, and they must recognize ethical paradoxes. This does not apply to most American presidents, but it goes against the strong spirituality of evangelical beliefs. They say that evangelical presidents don't like bargaining, so they try to make a direct appeal to the people, who they claim to be close with.

Does Article III of the Constitution mention the power of judicial review?

No

Twenty Second Amendment

Number of presidential terms. No one person can be in office for more than two terms.

"The Politics of Advice and Consent: Putting Judges on the Federal Bench" by Sarah Binder and Forrest Maltzman: The authors conclude that the battles over advice and consent might matter to students of American politics in at least three ways. What are these ways?

Performance of the federal courts might suffer. The legitimacy of the court as an institution may be harmed. Partisan battles might be harmful both for the Senate as an institution and for its members.

"Taking Matters Into Their Own Hands: Presidents' Personality Traits and the Use of Executive Orders" by Maryann E. Gallagher and Bethany Blackstone: What do the authors argue in the "discussion" session?

Personality traits affect how much presidents use executive orders. Presidents who have higher excitement seeing scores tend to act more unilaterally to attract more attention. Those who want to carry out their agenda and achieve more are likely to avoid conflict. Presidents with higher achievement striving scores are more likely to issue insignificant policy orders versus their excitement seeking counterparts who are more likely to use risky orders. Deliberative presidents issue fewer policy orders. Presidents with anxiety are also less likely to use important executive orders.

Confirmation process: Abraham

President looks for: 1. Merit, mastery of law 2. Balancing representation on the court (gender and race) 3. Political and ideological compatibility, (most important factor).

Line item veto

Presidential power to strike, or remove, specific items from a spending bill without vetoing the entire package; declared unconstitutional by the Supreme Court. Legal form of impoundment; (president not spending money that Congress has appointed).

Make sure you understand the section titled "Judging Presidents."

Presidents rise and fall in the historical rankings based on a number of factors: domestic and international crisis, distinctive vision on where the country should go on issues such as civil rights, social policy, the economy, how presidents fared as political and moral leaders of the nation. Wars that end in stalemate tend to diminish a president's greatness, whereas wars that end in victory raise a president's ranking.

Confirmation process

Shared process in which president nominates and Senate gives "advise and consent" (not the House).

"The Cult of the Presidency" by Gene Healy: How does Healy characterize the founding view of the presidency?

The Framer's saw the President as a limited role in the government. They did not want national leadership because it too closely resembled the monarchy. The Constitution limited emergency powers and did not think the president was above the law. The president wasn't even supposed to be popular. His main job was to veto Congress to keep them within Constitutional bounds and resist the populous impulsive demands and regulate them.

What do the authors mean when they note that "the framers' most important decision about their presidency was also their first?"

The Framers decided at the Constitutional Convention there would be one single "unitary" executive.

What were some of the steps that the Framers took "to protect the judiciary from shifts in public opinion"?

The Framers rejected direct election; excluded the House, the more representative of the two bodies of Congress, from any role in either selecting or confirming federal judges.

"The Cult of the Presidency" by Gene Healy: How does the Progressive Era tie into his thesis?

The Progressives thought that the Constitution stood in the way of necessary reforms. They were presidential absolutists. They thought that the president should be heroic and move masses. Coming out of the World Wars and other crisis, the Progressives believed in executive power more than ever, and wanted the president to act alone and make changes that would bring relief. During this time, the president started being judged based on how well they served the citizens and got things done. Out of all of this came the image that the president is God-like, and this is where such a large love for the president stemmed from.

"The People v. Presidentialism" by Dana Nelson: What is her definition of democracy?

The art of making possibilities out of disagreements in many avenues of daily life and not just in elections. It's all about self governing instead of waiting to be led. The self-governing sovereignty of the people. When people cn have and use the power of self governance. Making something decent out of what we currently have.

Judiciary Branch

The branch that we pay the least amount of attention to. "Least dangerous branch" as described by the Founders.

How is the term "litmus test" used in the context of the Senate confirmation process?

The committee interviews candidates on various questions, sometimes imposing a litmus test by asking the nominees about their positions on specific issues such as abortion. Nominees almost always refuse to answer such questions, to protect themselves from attack and reserve their judgment for actual future cases. (We discussed in class)

Take Care Clause and Inherent Powers

The constitutional requirement (Article II, Section 3) that presidents take care that the laws are faithfully executed, even if they disagree with the purpose of those laws. (Even after a presidential veto).

"Joy of Power..." by Richard Ellis: What does the author mean when he suggests that the early model of the presidency was a "dutiful, reluctant presidency"?

The early presidents saw it as a burden, and longed to rejoin their families and live life normally as a private citizen. They saw it as oppressive and a lot of work.

"Jimmy Carter and George W. Bush: Faith, Foreign Policy, and an Evangelical Presidential Style" by Jason Berggren and Nicol C Rae: What do the authors conclude?

The evangelical style would be more effective.

"The Presidential Spectacle" by Bruce Miroff: What does the author mean when he suggests that the growth of the spectacle is attributable to larger structural forces? What are these structural forces?

The forces are: the extreme personalization of the presidency, the excessive expectations of the president, and media that is focused on the president and makes American politics look like their adventure. He means that all of these reasons is why the presidents feel a need to continue the spectacle to gain approval. Spectacles are what people expect, and we prefer gesture over accomplishment.

"Joy of Power..." by Richard Ellis: Make sure that you understand the concluding section "From the Dutiful to the Joyful Presidency."

The founding habits of seeing the office as a duty has remained, but it is now layered with the thought that the president can enjoy his job. The modern political system has unleashed the ambition that the early politicians constrained. It has been legitimized and democratized, and made people want the "right kind of person" in office. Someone with an active-positive personality. We want them to be joyful because it's not as scary, or so we think.

"Joy of Power..." by Richard Ellis: What is the debate of "culture versus character" all about?

The job of president is based highly on cultural expectations and norms rather than a person's character.

Presidential reputation

The longer presidents stay in office, the better they get at being president. They learn how Washington works, what powers they can use to influence congressional action, and whom they need to convince to win passage of their top priorities; how to use unilateral powers to accomplish some of their goals.

Presidential support score

The percentage of times a president wins on key votes in Congress. Recent presidents have been persuasive on Capitol Hill as they move through their terms.

Executive Privilege

The power to keep executive communications confidential, (Aka secrets) especially if they relate to national security or confidential White House conversations about public policy. Some experts argue that executive privilege has no constitutional basis. Presidents cannot assert executive privilege in either congressional or judicial proceedings when it means refusing to cooperate in investigations of personal wrongdoing.

Presidential Power

The power to persuade

Vesting clause

The president's constitutional authority to control most executive functions. Article II of the Constitution. Presidents often use the vesting clause to argue that they control everything that happens in the executive branch after a bill becomes a law. The Supreme Court challenges, presidents may control the executive branch, but they do not have ultimate command. Article II addresses foreign threats and the day-to-day operations of government. President plays three main roles: commander in chief, diplomat in chief, and administrator in chief.

Stare decisis

The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented. Promotes certainty, uniformity, and stability in the law. "To stand by that which is decided."

"Jimmy Carter and George W. Bush: Faith, Foreign Policy, and an Evangelical Presidential Style" by Jason Berggren and Nicol C Rae: The authors cite qualities that scholar Fred Greenstein believes are critical to presidential effectiveness. Which two qualities square well with the evangelical style? Be able to explain what the authors mean here.

The two policies are presidential policy vision and emotional intelligence. Evangelical presidents tend to be idealists rather than realists. Because evangelicals tend to see the world as it could be, they have good political vision. They see America's role in the world and how it should be, so their foreign policy is more active. Because they are emotionally intelligent, they can put their pride and reputation on the line to make political moves that nobody before them have dared to. They appear certain and calm in policy areas that are religious or moral. Confidence and composure heightens their emotional intelligence, which is crucial. They tend to be more positive.

"Candidate Character Traits in the 2012 Presidential Election" by David Holian and Charles Prysby: Make sure that you understand the findings in the "Conclusion" section.

The voters perceive the president's character traits by influence of political attitude, mostly part affiliation and handling economic and foreign affairs. This places constraints on how much a candidate can shape perception. Things such as empathy and leadership are character traits that matter to voters.

"The People v. Presidentialism" by Dana Nelson: What is presidentialism?

The way we look to the current president for national strength and unity. We elect someone thinking that we have a say when really we don't. Shapes how citizens unconsciously feel about the president and democratic practice. It conditions how citizens feel towards the president.

"Presidential Character and Judgment: Obama's Afghanistan and Health Care Decisions" by Stephen Wayne: What is Wayne referring to when he notes that "studies of character have their research problems as well"?

There are psychological interferences drawn from observable behavior. It would be completely speculative. Another problem is that the specification of particular psychological facts affects performance. The outcome may be different if the situation and environment isn't the exact same. Researchers also have to be careful when drawing conclusions and using those conclusions for other studies.

"The Politics of Advice and Consent: Putting Judges on the Federal Bench" by Sarah Binder and Forrest Maltzman: What is the "big bang" theory of judicial selection?

There was a breaking point in national politics, after which the norms and submission and restraints fell apart. This resulted in a sea change of appointment policies, like lengthening the confirmation process and the rise of confirmation failure.

Make sure you understand the section "After the Court Decides."

Victory in the Supreme Court does not necessarily mean that winning parties get what they want. Although the Court resolves many issues, it also sometimes remands the case, sending it back to the lower court with instructions to act in accordance with its opinion.

"The Presidential Spectacle" by Bruce Miroff: What does Miroff mean by the idea of the presidency as spectacle?

When the president reaches out to shape active demands via speeches and symbol-filled events, this is what he calls a spectacle.

"The Presidential Spectacle" by Bruce Miroff: How does the story of Grenada tie into the discussion of Reagan and the "triumph of spectacle"?

With the Grenada situation, the Reagan administration made the danger sound way worse than the actual threat. He used it to give the people assurance that the US was still a dominant military force. In actuality, the invasion was not a big deal, but Reagan and his team made it sound like a huge deal and used spectacle tricks to make the people think he had done something amazing. It worked and he was highly acclaimed for it.

"The Politics of Advice and Consent: Putting Judges on the Federal Bench" by Sarah Binder and Forrest Maltzman: Has the amount of time it takes a president to make a nomination for a vacant seat on the bench changed?

Yes. It has gone up significantly.

What is the primary reason for the electoral college?

the Electoral College was meant in large part to make popular democracy somewhat less popular.