POS TEST 2

executive agreement

A formal agreement between the U.S. president and the leaders of other nations that does not require Senate approval.

The president's appointment power applies to all of the following EXCEPT Federal judges The Speaker of the House The Attorney General Supreme Court justice

The Speaker of the House

What are the key court cases within each Supreme Court era?

The Supreme Court has had four distinct eras based on the kinds of issues the Court decided during the era: the Founding Era (1790-1865); the Development Era (1865-1937); During the Founding Era the Court issued major rulings explaining how the new system of government worked. Its federalism rulings broadly interpreted the powers of the national government. The Marshall Court (1801-1835) established the power of judicial review in Marbury v. Madison (1803). It ruled that Congress had complete power over interstate commerce in Gibbons v. Ogden (1824). And it broadly interpreted Congress's power under the Necessary and Proper Clause in McCulloch v. Maryland (1819). •The Taney Court (1836-1864) was less concerned about establishing the new powers of the national government, so it issued a number of rulings upholding the powers of the states using the doctrine of dual federalism. Dual federalism is the idea that both levels of government are supreme in their respective fields. •Dred Scot v. Sanford. issued a number of rulings upholding the powers of the states using the doctrine of dual federalism. Dual federalism is the idea that both levels of government are supreme in their respective fields. The national government is supreme in matters of foreign affairs and interstate commerce. The states are supreme in intrastate policies such as commerce, education, the regulation of morality, and criminal justice. 2nd era DEVELOPMENTAL ERA AND THEN THE DEVELOPMENTAL ERA TO LIBERAL NATIONALISM: During this era, the Court decided cases challenging the government's power to regulate the economy. Government regulation of the economy increased during the Progressive Era (roughly 1890 to WWI) and the New Deal Era (1930s) in order to ease some of the problems created by the Industrial Revolution. However, the Court saw its role as protecting business from government regulation so it used its power of judicial review to strike down many of these laws. •Ex. In 1934 and 1935 it declare unconstitutional many of the major provisions of the Roosevelt Administration's New Deal. The government regulations included anti- trust laws, child labor laws, minimum wage and maximum hour laws, and workplace safety regulations. However, the Court saw its role as protecting business from government regulation so it used its power of judicial review to strike down many of these laws. They became increasingly frustrated with Supreme Court rulings where a conservative majority (often by 6-3 or 5-4 margins) struck down major New Deal programs in 1935 and 1936. Roosevelt eventually proposed legislation to add another member to the Court for every sitting justice over the age of seventy, up to a maximum of six more members—which would have increased the size of the Court from nine to 15 members. This proposal was very controversial because it was a presidential plan to "pack" the Court with new Justices who would support his New Deal policies. Although the Court's rulings striking down New Deal policies were unpopular, President Roosevelt's court packing plan was considered an inappropriate attempt to exert political control over the Court. The proposal died in Congress. But in 1937 the Court seemed to get the political message. It abruptly changed its rulings on economic regulation and began to uphold New Deal legislation. The Court announced that it would no longer be interested in hearing cases challenging the government's power to regulate the economy. In effect, the Court announced that it would use judicial restraint when laws affected economic liberties but judicial activism when laws affected political liberties. The Court further explained that it was especially interested in protecting the rights of "discrete and insular" minorities. This 1937 change is called the constitutional revolution of 1937 because it was such an abrupt, major change in the Court's reading of the Constitutional and it's understanding of its role in the system of government and politics. 3rd era: Liberal nationalism The third era of the Supreme Court's development is the middle years of the 20th century where the court participated in debates about civil liberties and civil rights by assuming the role of protector of individual liberties and supporter of equality. The beginning of this era is marked by the court's interest in civil liberties. An example of a court remembered for its judicial activism on behalf of civil liberties was the Warren Court (1953-1969) where the court took on cases supporting individual freedom and equality in both civil and criminal law. The Warren Court's civil law rulings included the landmark right to privacy cases such as Griswold v. Connecticut. and the school desegregation case Brown v. Board of Education. Gideon v. Wainwright held that anyone charged with a felony who can not afford an attorney will be appointed one and Mapp v. Ohio held that the Exclusionary Rule (using evidence seized unconstitutionally to convict someone) applied to state courts. Miranda v. Arizona required police officers to state the constitutional rights of a suspect before questioning them. The Supreme Court was placed in the middle of the "culture wars" (political conflicts over value as opposed to economics) because of the Warren Court rulings and the ruling in Roe v. Wade that gave individuals the right to privacy which included the right to an abortion. An indication that we are currently past that era in government today is the fact that today's Court has a different agenda than the Warren Court. As a result of President Nixon being elected in 1968, there has been a rightward change in the country's political direction because he appointed four Justices who were right-leaning These Warren Court rulings, and the Burger Court's ruling in Roe v. Wade (1973) that the right to privacy included the right to an abortion, put the Court in the middle of "the culture wars"—the political conflicts over value as opposed to economics. Judicial decisions about state laws defining marriage continue the tradition of judicial participation in the leading controversies of the day.. 4th ERA: CONSERVATIVE REVOLUTION •The election of conservative Republican presidents (Nixon, Ford, Reagan, Bush 41 and Bush 43)—and even the election of Democratic Presidents Carter and Clinton who came from the conservative wing of the Democratic Party—solidified the Court's rightward movement .•Ex. US v. Lopez

The Constitution originally provided that the vice-president

would be candidate who received the second-most electoral college votes.

What is a caucus?

A caucus is "a meeting of party leaders or party members to select candidates, elect convention delegates, and establish the party's policy position on specific issues." The word can also be a verb for meeting in this way (e.g., the Republicans caucused).

joint committee

A committee composed of members of both the House of Representatives and the Senate; such committees oversee the Library of Congress and conduct investigations. legislative committee composed of members of both houses

What is the definition, and what are the characteristics, of bureaucracy?

Set of structures and procedures used by government or other organizations to administer policies and programs. Characteristics of the bureaucracy: -Rules Division of Labor Hierarchy Merit

power problem in judicial branch, why does it exist?

power problem of legitimacy Judges have policymaking power yet are unelected and serve life terms for good behavior INCREASED power of Court Two key characteristics of the Supreme Court —its practice of judicial review, and its justices' life tenure—can lead to a debate over the legitimacy of the Court's power, as well as attempts by the other branches to challenge and limit that power.

what is the democratic national convention and the republican national convention

the Democratic National Convention is to officially nominate a candidate for president and vice president, adopt a comprehensive party platform and unify the party. Pledged delegates from all fifty U.S. states and from American dependencies and territories such as Puerto Rico and the Virgin Islands, and superdelegateswhich are unpledged delegates representing the Democratic establishment, attend the convention and cast their votes to choose the Party's presidential candidate. Like the Republican National Convention, the Democratic National Convention marks the formal end of the primary election period and the start of the general election season. In 2020 all parties replaced the usual conventions with short online programs.

power problem

the need to grant government enough power to effectively address the problems that people expect government to address, while also limiting power enough so that government can be held accountable

Which of the following is an example of Congress' implied powers?

the power to create the Federal Reserve System

Confirmation hearings on presidential nominations (such as Supreme Court Justices) are held in fulfillment of which of the Senate's constitutional roles?

to advise and consent

Congress can override a presidential veto of a bill by

two-thirds vote in both house.

Judicial Restraint vs. Judicial Activism

•Judicial Restraint •Narrow/ Limited role of courts in federal government •Use judicial review sparingly •Uphold precedent•No legislating from bench •Judicial Activism •Broad role of courts in federal government •Use of judicial review •Create new precedents to "bring constitution up to date." •Use courts for social change

What is the nature of the debate concerning judicial restraint vs. judicial activism?

•Judicial Restraint •Narrow/ Limited role of courts in the federal government •Use judicial review sparingly •Uphold precedent•No legislating from the bench •Judicial Activism •Broad role of courts in the federal government •Use of judicial review •Create new precedents to "bring the constitution up to date." •Use courts for social change

The "Necessary and Proper" clause in Article I, Section 8 of the Constitution is called the

"elastic" clause because it can be stretched to mean almost anything.

select committee

A temporary legislative committee established for a limited time period and for a special purpose.

What is the electoral connection according to Mayhew? What does Mayhew argue about Congress and the focus on reelection? What activities does he see members of Congress engaging in? Can you connect this to the power problem and institutional roles of Congress?

1. Whether they are safe or marginal, cautious or audacious, congressmen must constantly engage in activities related to reelection. There will be differences in emphasis, but all members share the root need to do things—indeed, to do things day in and day out during their terms. The next step here is to present a typology, a short list of the kinds of activities congressmen find it electorally useful to engage in. The case will be that there are three basic kinds of activities. It will be important to lay them out with some care, for arguments in part 2 will be built on them. 2. There are some differences between House and Senate members in the ways they go about getting their names across. House members are free to blanket their constituencies with mailings for all box holders; senators are not. But senators find it easier to appear on national television—for example, in short reaction statements on the nightly news shows. Advertising is a staple congressional activity, and there is no end to it. For each member, there are always new voters to be apprised of his worthiness and old voters to be reminded of it. 3.In credit claiming t becomes necessary for each congressman to try to peel off pieces of governmental accomplishment for which he can believably generate a sense of responsibility. For the average congressman, the staple way of doing this is to traffic in what may be called "particularized benefits."88 Particularized governmental benefits, as the term will be used here, have two properties: (1) Each benefit is given out to a specific individual, group, or geographical constituency, the recipient unit being of a scale that allows a single congressman to be recognized (by relevant political actors and other congressmen) as the claimant for the benefit (other congressmen being perceived as indifferent or hostile). (2) Each benefit is given out in apparently ad hoc fashion (unlike, say, social security checks) with a congressman apparently having a hand in the allocation. A particularized benefit can normally be regarded as a member of a class. That is, a benefit given out to an individual, group, or constituency can normally be looked upon by congressmen as one of a class of similar benefits given out to sizable numbers of individuals, groups, or constituencies. Hence the impression can arise that a congressman is getting "his share" of whatever it is the government is offering. One activity is advertising, defined here as any effort to disseminate one's name among constituents in such a fashion as to create a favorable image but in messages having little or no issue content. A successful congressman builds what amounts to a brand name, which may have a generalized electoral value for other politicians in the same family. The personal qualities to emphasize are experience, knowledge, responsiveness, concern, sincerity, independence, and the like. Just getting one's name across is difficult enough; only about half the electorate, if asked, can supply their House members' names. It helps a congressman to be known. A second activity may be called credit claiming, defined here as acting so as to generate a belief in a relevant political actor (or actors) that one is personally responsible for causing the government, or some unit thereof, to do something that the actor (or actors) considers desirable. The political logic of this, from the congressman's point of view, is that an actor who believes that a member can make pleasing things happen will no doubt wish to keep him in office so that he can make pleasing things happen in the future. The emphasis here is on individual accomplishment (rather than, say, party or governmental accomplishment) and on the congressman as doer (rather than as, say, expounder of constituency views). Credit claiming is highly important to congressmen, with the consequence that much of congressional life is a relentless search for opportunities to engage in it. The third activity congressmen engage in maybe called position-taking, defined here as the public enunciation of a judgmental statement on anything likely to be of interest to political actors. The statement may take the form of a roll call vote. The most important classes of judgmental statements are those prescribing American governmental ends (a vote cast against the war; a statement that "the war should be ended immediately") or governmental means (a statement that "the way to end the war is to take it to the United Nations"). The judgments may be implicit rather than explicit, as in: "I will support the president on this matter." But judgments may range far beyond these classes to take in implicit or explicit statements on what almost anybody should do or how he should do it: "The great Polish scientist Copernicus has been unjustly neglected;" "The way for Israel to achieve peace is to give up the Sinai."102 The congressman as position taker is a speaker rather than a doer. The electoral requirement is not that he make pleasing things happen but that he make pleasing judgmental statements. The position itself is the political commodity. Especially on matters where governmental responsibility is widely diffused it is not surprising that political actors should fall back on positions as tests of incumbent virtue. 4. Mayhew's argument connects to the power problem in congress which is effectiveness because Congress is considered the broken branch of government which is related to congressmen ensuring their place in Congress because their efforts seem to be either very effective in ensuring their place, removing them, or doing not much at all. Mayhew's argument relates to the constitutional roles of congress because congressmen have to take a stance on policy (1) which relates to congress's role of law and policy making for the nation because their stance indicates the US's future if they are elected, they have to or should claim credit in order to establish the stance they take on certain issues and proclaim what they did for the people, national gov, etc., which relates to representation and legislative oversight because credit claiming shows the people what they have done in terms of laws and whom they represent, and lastly congress members advertise (3) which relates to constituency service because when congressmen advertise how good of people they are, their quality of their character, and state the issues they would address and resolve in office which relates to constituency service because by congressmen advertising the people understand what problems they will address/solve for them.

how is the bureaucracy organized?

A bureaucracy is a particular government unit established to accomplish a specific set of goals and objectives as authorized by a legislative body. ... In the U.S. government, there are five general types: Executive Departments/ Cabinet (15 Heads) Independent Agencies Independent Regulatory Agencies Government Commissions Government Corporations

Filibuster

A procedural practice in the Senate whereby a senator refuses to relinquish the floor and thereby delays proceedings and prevents a vote on a controversial issue.

Bureaucracy and Policy Making (Executive Branch) Administrative Discretion

Authority given by Congress to the Federal bureaucracy to use reasonable judgment in implementing the laws. •Administrative Discretion-"the authority to make specific rules when implementing general laws"-ex. Leocal v. Ashcroft (2004) •According to Immigration and Nationality Act any alien that committed a violent crime could be eligible for deportation and it was up to Attorney General (head of Justice Department) to order removal

Which of the following is an example of the Supreme Court's original jurisdiction (power to hear a case for the first time)?

CASES WITH STATES AS PARTIES

What are the two functions of the U.S. courts?:

Dispute resolution and law interpretation.

Which is the newest of the fifteen executive departments?

DOHS

What are the delegated powers of Congress?

Delegated (Enumerated) (Article 1, Section 8) Examples Tax Provide for Common Defense and General Welfare Coin Money Regulate Interstate and International Commerce Declare War Create Tribunals Inferior to the Supreme Court Raise Armies)

Regarding Supreme Court decisions related to presidential power, the Court has generally narrowly read presidential powers. T OR F?

F

The term "the administrative state" refers to the large federal bureaucracy. T OR F?

T

How did the Founding Fathers intend the judicial branch to function?

Founding Fathers saw Judiciary as the "least dangerous branch" because it did not have the power of the purse or the sword; did not want the judicial branch to have the power it does today through life sentences and judicial review In the constitution used vague language in order to keep this branch the least powerful

How was Congress' role in the Founding Era of the nation's history different from its role today?

It was the "first branch" of the federal government and, therefore, the most powerful and dangerous of the branches.

Institutional Roles of Congress: Representation

Recall: U.S. is an INDIRECT democracy Congressmen are elected representatives of districts, individuals, and organized interests: In the House, there are 435 districts (435 representatives) 6 non-voting members (can vote in committees according to House rules) In the Senate, the districts are 50 states (100 senators) Total: 535 voting members Representatives increase feeling of political efficacy

Institutional Roles of Congress: Constituency Service

Related to Representation Constituency service is helping constituents solve problems they may have with the government -note representatives have offices in their home districts -This "casework" helps individuals cut through "red tape"

Discuss the order of presidential succession. What if the President is removed from office?

Removal of President from Office Circumstances: -Impeachment -Resignation -Death According to the Constitution Presidential Line of Succession: Vice President Constitution, however, did not specifically designate who would take over if both president and vice-president died: Presidential Succession Act (1947): If V.P. dies: -Speaker of the House -President Pro Tempore of the Senate -Every member of Cabinet in set order starting with the Secretary of State

The majority of the day-to-day work in Congress occurs in

Standing committees

Process of hearing a case in Supreme Court

Step 1: Petition of certiorari ("cert") •Will hear case if reason is compelling •For example: •Resolving lower court conflict •Correcting departure from current judicial proceedings •To correct an important issue of law •Step 2: Once court accepts petition (issues a writ of certiorari): •Each side present briefs •Amici curae can also file briefs step 3: Oral Arguments •http://www.supremecourthistory.org/03_how/subs_how/03_a07.html •Step 4: Case sent for decision: •Decided by majority of judges •Majority Opinion •Concurring opinion •Dissenting opinion

What is Skowronek's main argument? What does he mean by political time and what effect does political time have on a president's abilities/ power? What are the three categories of president's he discusses and what are the examples he gives? How can this article shed light on the power of and power problem with the presidency?

Skowronek's main arguments were that all presidents and presidencies are not created equal and people should not restrict themselves to just examining the Presidents's presidential term. Skowronek's approach to analyzing the Presidencies is by breaking presidential history into regime segments; he compares the leadership problems and presidential performances at similar stages in regime development across historical periods. Political time in this article means systemic effects of action done by President's or the historical pattern of the American Presidency that has repeated itself over the last 200 years. The six presidents are Andrew Jackson, FDR, James K. Polk, John F. Kennedy, Franklin Pierce, and Jimmy Carter. Skowronek chose these presidents because Jackson, Polk, and Pierce experienced Reconstruction, articulation, and disjunction in the 1800s and he compares them to a more modern version of handling these in the Presidencies of FDR, JFK, and Carter in the 1900s. Jackson and FDR were presidents during reconstruction; presidents during these terms are opposed to standing regime and they have the ability to create orders, shatter orders, and maintenance of orders. Polk and JFK were Presidents during articulation; presidents during these terms are orthodox innovators who operate within the standing regime, during a time of regime strength. Pierce and Carter were Presidents during disjunction; presidents during these terms are affiliated with the regime party even though it is weak. A weakness of his argument may be that the four categories of presidencies does not accurately describe and categorize all presidencies, what about the outliers? Another weakness is it ignores global politics/ global perspective which can influence a presidential term. Lastly, another weakness is the inability to define when one category of Presidency ends and another begins, it can be up for debate. Advantages of this argument include that the Presidential terms are not created equal and presidents are not created because it emphasizes that there could shortcomings or advantages entering/ exiting the Presidency and Presidents have different affiliates, backgrounds, and supporters. Another advantage of his article is that Presidential terms can indicate the success/failure of a Presidency but one should look into their previous experiences in government and their track record as a whole.

How, and why, has bureaucracy evolved over time?

The federal bureaucracy began with the three cabinet departments established by George Washington in 1789. Since that time, not only have the number of departments in the cabinet more than tripled, but now there are also myriad agencies, bureaus, government corporations, authorities, and administrations that take care of the government's business.For the purposes of this book, the term civil service refers to the civilian employees of the federal government. Wealthy men dominated the bureaucracy through the 1820s. This changed with the election of President Andrew Jackson (1828), who opened government jobs to the common people. He inaugurated the spoils system, under which party loyalty — not experience or talent — became the criterion for a federal job. This was the beginning of patronage, and it continued through the late 19th century. Congress passed the Pendleton Act in 1883, which created a system for hiring federal workers based on qualifications rather than political allegiance; employees were also protected from losing their jobs when the administration changed. To encourage a nonpartisan bureaucracy, the Hatch Act (1939) prohibited federal workers from running for office or actively campaigning for other candidates. Such limitations on civil liberties are considered by many the price that has to be paid for a professional, nonpolitical bureaucracy.During the 1930s, the size of the federal bureaucracy mushroomed due to President Franklin Roosevelt's New Deal agencies. Although many were short-lived, others continue to play a role in the lives of Americans: the Social Security Administration (SSA), the Securities and Exchange Commission (SEC), the Tennessee Valley Authority (TVA), the Federal Trade Commission (FTC), and the Federal Deposit Insurance Corporation (FDIC). Out of these agencies' programs grew the concept of the welfare state, under which the federal government (rather than individuals, municipalities, or the states) assumes the major responsibility for the well-being of the people.President Lyndon Johnson's Great Society during the 1960s expanded the welfare state with such programs as Medicare, Head Start, the Job Corps, and the Office of Economic Opportunity (OEO). As with the New Deal, many Great Society programs became a permanent part of the federal bureaucracy. The idea of the government seeing to the needs of its citizens carried on into the 1970s: The Environmental Protection Agency (EPA) was created by the Nixon administration. The federal bureaucracy deals with more than social and economic policies. A large number of agencies are responsible for protecting the American people from both foreign and domestic dangers.Responding to late 20th-century public concern about violent crime, drugs, and illegal immigration into the United States, agencies such as the Bureau of Alcohol have increased in size. In the wake of events of September 11, the national security bureaucracy was reorganized and expanded. In October 2001, the Office of Homeland Security was established within the Executive Office of the President. Due to pressure from Congress, however, the office became a cabinet department in 2003.

What factors have led to the growth of the federal bureaucracy?

The federal bureaucracy has grown in size and changed in nature over the past 2 centuries, mostly because of increasing demands by the public and changing conditions in American society. The transition from a patronage-based bureaucracy to a merit-based system has increased the bureaucracy's professionalism and expertise. The bureaucracy is nonpartisan and career civil servants tend to span many presidential administrations, allowing for continuity in the public sector.

the trustee theory of representation refers to

The idea that members of Congress should do what they think is in the best interest of the people they represent.

How representative is Congress in terms of gender? What is the breakdown between males and females currently in Congress? What should the breakdown look like if Congress was actually representative of the population?

The number of women in Congress is at an all-time high; there are 127 women in the legislature, accounting for 24% of voting lawmakers across both chambers. There are more women in the Senate than ever and in six states both senators are women. Women, as stated before, make up 24% of both chambers and the remaining 76% belong to the men. The share of women in Congress is still far lower than the number of women in the country as a whole (24% vs. 51%).

why are there primaries?

The origins of primary elections can be traced to the progressive movement in the United States, which aimed to take the power of candidate nomination from party leaders to the people.[1] However, political parties control the method of nomination of candidates for office in the name of the party. Other methods of selecting candidates include caucuses, conventions and nomination meetings.

executive privilege

The power to keep executive communications confidential, especially if they relate to national security. An implied presidential power that allows the president to refuse to disclose information regarding confidential conversations or national security to Congress or the judiciary.

What are the various steps/components of presidential elections?

The pre-primary season Primaries and Caucuses -Primary: Open v. closed primary (also modified closed and modified open) http://en.wikipedia.org/wiki/Primary_election -Party caucus -----Local nature of politics The Convention -----Democratic National Convention -----Republican National Convention The General Election Campaign Voting for President and the Electoral College

Bicameralism

The principle of a two-house legislature. house of reps & senate

What are the differences between the Senate and the House of Representatives?

U.S. is an INDIRECT democracy Congressmen are elected representatives of districts, individuals, and organized interests: In the House, there are 435 districts (435 representatives)6 non-voting members (can vote in committees according to House rules) In the Senate, the districts are 50 states (100 senators)Total: 535 voting members representatives increase the feeling of political efficacy

constituency service

a legislator directly helping a constituent in dealing with government bureaucracy

standing committee

a permanent committee that meets regularly.

executive order

a rule or order issued by the president to an executive branch of the government and having the force of law.

The terms of Congress are

divided into two sessions, one for each year

power problem in congress, why does it exist?

effectiveness; congress is considered the broken branch of government because of how it operates and is organized. -power is dynamic -congress role has changed over time from legislative governance and legislative supremacy (intentions of the founders) to today Congress uses executive governance Executive governance: power flows to where it is most effective (national government or states/ particular branch) separation of powers: not strict, separate institutions sharing powers (ex. president and Supreme Court can "make laws"

The rule of law is the principle that

government actions are legitimate only if authorized by duly enacted laws.

The term coined to refer to a presidency that has grown too strong is

imperial presidency

Tax bills must originate in the House of Representatives because

the Founders wanted taxes to originate in the government body closest to the people.

what are the implied powers (think Necessary and Proper Clause)?

Implied (not specifically mentioned, but logically flow from enumerated powers) -The "Necessary and Proper Clause" (Elastic Clause) -The Supreme Court case, McCullough v. Maryland (1819) established precedent for broadly interpreting this clause

How are the Federal Courts Organized?

•United States district courts (94) •Trial courts: hear testimony (facts): who did what to whom?•Appointed by president with consent of the Senate •Bankruptcy courts (separate unit of district courts •Two special trial courts (nationwide jurisdiction in specific cases:) •Court of International trade •United States Court of Federal Claims •United States Court of Appeals (11, plus) •District of Columbia Court of Appeals (so 12 regional and,) •Court of Appeals for Federal Circuit (nationwide jurisdiction in specific cases) •Appeals involving patents and international trade•Supreme Court (1) •Other Federal Courts •Military courts (Trial and Appellate) •Court of Veterans Appeals •United States Tax Court

Law or Policy Making for the Nation - Congress Constitutional Powers

-Constitution delegates all legislative power to Congressonly branch of government that can technically "make laws" •Even though House and Senate both must pass law for it to become a law, they have different roles in law-making process: ex. Tax bills must originate in House (closer to the people) ex. House-2 year terms elected by people ex. Senate-6 year terms, originally elected by state legislatures •Examples of Public Policies/ Statutes: -Criminal justice policy -Economic (fiscal) Policy •Congress passes the Federal Government's budget •By law president must propose a budget by first Monday in February -National Security Policy -Environmental Policy

Plessy v. Ferguson

-Louisiana Supreme Court; April 13 1896 - May 18, 1896 Louisiana enacted the Separate Car Act, which required separate railway cars for blacks and whites. In 1892, Homer Plessy - who was seven-eighths Caucasian - agreed to participate in a test to challenge the Act. He was solicited by the Comite des Citoyens (Committee of Citizens), a group of New Orleans residents who sought to repeal the Act. They asked Plessy, who was technically black under Louisiana law, to sit in a "whites only" car of a Louisiana train. The railroad cooperated because it thought the Act imposed unnecessary costs via the purchase of additional railroad cars. When Plessy was told to vacate the whites-only car, he refused and was arrested. At trial, Plessy's lawyers argued that the Separate Car Act violated the Thirteenth and Fourteenth Amendments. The judge found that Louisiana could enforce this law insofar as it affected railroads within its boundaries. Plessy was convicted. Question: Does the Separate Car Act violate the Fourteenth Amendment? Conclusion: Sort: by seniority by ideology 7-1 DECISION FOR FERGUSON MAJORITY OPINION BY HENRY B. BROWN The Court held that the state law was constitutional. In an opinion authored by Justice Henry Billings Brown, the majority upheld state-imposed racial segregation. Justice Brown conceded that the 14th Amendment intended to establish absolute equality for the races before the law, but held that separate treatment did not imply the inferiority of African Americans. The Court noted that there was not a meaningful difference in quality between the white and black railway cars. In short, segregation did not in itself constitute unlawful discrimination. In dissent, John Marshall Harlan argued that the Constitution was color-blind and that the United States had no class system. Accordingly, all citizens should have equal access to civil rights.

Brown v. Board of Education

-unanimous decision for Brown Et Al. Majority opinion by Earl Warren. Separate but equal educational facilities for racial minorities is inherently unequal violating the Equal Protection Clause of the Fourteenth Amendment This case was the consolidation of cases arising in Kansas, South Carolina, Virginia, Delaware, and Washington D.C. relating to the segregation of public schools on the basis of race. In each of the cases, African American students had been denied admittance to certain public schools based on laws allowing public education to be segregated by race. They argued that such segregation violated the Equal Protection Clause of the Fourteenth Amendment. The plaintiffs were denied relief in the lower courts based on Plessy v. Ferguson, which held that racially segregated public facilities were legal so long as the facilities for blacks and whites were equal. (This was known as the "separate but equal" doctrine.) Question: Does the segregation of public education based solely on race violate the Equal Protection Clause of the Fourteenth Amendment? CONCLUSION: Separate but equal educational facilities for racial minorities is inherently unequal, violating the Equal Protection Clause of the Fourteenth Amendment. Chief Justice Earl Warren delivered the opinion of the unanimous Court. The Supreme Court held that "separate but equal" facilities are inherently unequal and violate the protections of the Equal Protection Clause of the Fourteenth Amendment. The Court reasoned that the segregation of public education based on race instilled a sense of inferiority that had a hugely detrimental effect on the education and personal growth of African American children. Warren based much of his opinion on information from social science studies rather than court precedent. The decision also used language that was relatively accessible to non-lawyers because Warren felt it was necessary for all Americans to understand its logic.

How does federalism complicate the court system? How is the state of Florida court system organized?

1. 51 court systems •Two separate court systems: •Federal •State •Each state can establish its own court system Jurisdiction •Defined: court's authority to hear particular cases •How to determine what court has jurisdiction: •1. Involvement of the federal government or constitution •2. Parties to case •3. Where the case arose •4. How serious an offense it involves •Types of jurisdiction •Original. •appellate 2. --FL uses a merit plan Florida --Supreme Court Justices and Judges of the District Courts of Appeals are selected by the governor and based upon the recommendation of states judicial nominating commission and subject to retention elections (serve 6-year terms) ---Circuit and County Court Judges (trial courts) are elected ---Merit retention: One year after being appointed to the Florida Supreme Court or the District Court of Appeals, a judge's name is placed on the ballot and citizens get to vote Yes or No to keep the judge. Thereafter, the judge must have his/her name placed on the ballot every six years and receive a majority Yes vote to stay on the bench. SC in FL: The highest court in Florida. It has 7 justices appointed by the Governor. It is an appellate court.

How are federal judges selected? State judges? Florida judges?

1. They are appointed by the president and confirmed by the Senate. 2. Differs by state •Three main ways: •1. Appointment by governor •2.Merit plan (Missouri Plan) •Judge selected by the governor based upon the recommendation of states judicial nominating commission •Periodically reviewed by voters: say yes or no to whether judge should be allowed to stay in office •3. Elections (elective office) •Competitive elections •Partisan or non-partisan 3.Florida Supreme Court Justices and Judges of the District Courts of Appeals are selected by the governor and based upon the recommendation of states judicial nominating commission and subject to retention elections (serve 6 year terms) •Circuit and County Court Judges (trial courts) are elected by non-partisan election and serve 6-year terms They apply or are nominated, then a committee of 9 choose up to 6 nominees, and the Governor selects 1 of the 6

Internal organization of congress

3 Important Aspects of Organization1. Bicameralism,. Committee System, & Party System Bicameralism Bicameral legislature: legislature with two chambers Houses as checks on each other Powers of House v. Senate Constitutional differences: Term length, age, apportionment, treaties, appointments, etc .Organizational differences: Size, number of committees, Rules Committee, limits on debate Electoral differences. -campaign spending Committee system: ~~~Division of Labor -All modern organizations (public and private) use division of labor/ expertise to organize individuals to perform functions •Types of Committees-Standing-Joint-Select-Conference •Numbers. -Senate: 16 standing committees. -House: 20 standing committees ~~~Policy impact -Formation of Issue networks (or Iron Triangles) •Mutual relationship among Congressional committees/ subcommittees, executive agencies, and interest groups -Responsiveness to special interests/ pork-barrel spending/ projects -Pork barrel spending occurs when Congressional representatives spend a lot of money in their local voting districts to encourage voters to re-elect them at the next election. -So, the money allocated to the representative's district would arguably benefit the lives of the local constituents, and hopefully help them secure their support and votes. -Ex contributions to the next election -Ex. Citizens Against Government Waste The Party System Organization-Each congress reorganizes itself every two years -112th Congress was organized by the Majority Party (republican) in the House and Senate (democratic) after 2010 mid-term elections -Majority party decides: what committees to have, the committee members and chairs, and the institutional leadership •Are parties efficient or divisive? -Public opinion: divisive -Political scientists: efficient (centripetal force in a centrifugal institution)

What are the three theories of representations?

3 Theories of Representation: 1. Trustee: act in best interest of voters 2. Delegate: act according to public opinion 3. Politico: representatives are rational actors whose voting behavior reflects the delegate or trustee theory of representation depending on the situation. Congressmen are expected to represent their districts Individuals organized constituents i.e. business or economic interests

How has the court evolved over time?

4. •The first three years the courts barely saw any cases and Chief Justice John Marshall set forth goals to establish institutional legitimacy. 1787-1861→getting close to the civil war. McCulloch v. Maryland (1819) upheld the supremacy of the federal government in a conflict with a state over a matter not clearly assigned to federal authority by the Constitution Dred Scott v. Sandford (1857), in which federal law (the Missouri Compromise) prohibiting slavery in northern territories was ruled unconstitutional. This decision, moreover, was only the second time that a federal law was declared unconstitutional by the Supreme Court Civil war to 1937→ dominant issue was the relationship between government and the economy. The Court acted to support property rights and held that the due process clause of the Fourteenth Amendment protected commercial enterprises from some forms of regulation was not blind to the injustices of capitalism and upheld state regulations in over 80% of such cases between 1887 and 1910. When they started to attempt to balance the public interest against private property rights their decisions became inconsistent between reasonable and unreasonable 1938 to present→ Switched their focus to the protection of personal liberties. This was prompted by FDR unsuccessful attempt to pack the supreme court with people favorable to the new deal economic package. Courts allowed the government to have a freer hand on economic regulations

what is primary? one vs closed primaries?

A primary is "a preliminary election in which voters of each party nominate candidates for office." A voter goes to polls and casts their ballot for who they want to be the candidate for their party in the general election. The word ultimately comes from the Latin primus, meaning "first," a reference to the order it takes in the election process—it comes first, before the general. open: a primary election in which voters are not required to declare a party affiliation. closed:only registered party members can vote

Cloture

A procedure for terminating debate, especially filibusters, in the Senate. A procedure used in the Senate to limit debate on a bill

conference committee

A special joint committee appointed to reconcile differences when bills pass the two chambers of Congress in different forms.

What are the constitutional qualifications for president? Are there other unofficial qualifications?

According to Article II of the Constitution, Presidents must be: -Natural born citizens -Resident of United States for at least 14 years -35 years old -Amendment XXII: disqualification -limits term to two Note: Political Qualifications (NOT REQUIRED BY CONSTITUTION) -Prior experience in federal government and/ or U.S. military -Backing of political party

What do Rosen and Rosenberg respectively argue about the power of the judiciary and the ability to make policy?

According to Rosen the relationship between public opinion and the Supreme Court's decisions is that the courts exist to protect ordinary people from the tyranny of the majority (maybe the elite), courts are out of tune with what the majority of America desires or courts are rather closely in touch with and follow public opinion. Rosen argues that the Supreme Court generally follows public opinion and insists that they should follow it because if not they engage in judicial unilateralism, defined as "a court's decision to strike down federal or state laws in the name of a constitutional principle that is being actively and intensely contested by a majority if the American people". Rosen favors judicial restraint because it upholds a "challenged federal or state law unless it is confident that the constitutional arguments for striking down are not being actively contested by a majority of the American people". Call raises several criticisms of Rosen which is he makes broad generalizations in order to keep the article concise, characterizes cases as unilateral but does not explain why, and he is selective as to the evidence he uses to find national consensus or near-consensus for a law or constitutional principle or give much attention to opposing views.

•Delgardo, "A Comment on Rosenberg's New Edition of the Hollow Hope," •Drawing on the review article of Rosenberg's Hollow Hope, according to Rosenberg, does the Supreme Court legislate social reform from the bench? How does Delgado (the reviewer of the book) support Rosenberg's argument? What evidence does he provide? 19

According to Rosenberg in Hollow Hope, the Supreme Court can enact change through law such as rulings in Roe v. Wade and Brown v. Board of Education but these rulings have proved to yield unimpressive results in sparking social progress not already underway. As a result of this one could say that the Supreme Court legislates social change from the bench because the legal rulings in these cases fail to spark social progress that has already started. Delegado supports Rosenberg's argument by stating that judicial rulings and legislation make a difference in everyday experiences, that the reconstructive paradox holds that the greater a social evil the more massive the social effort required to eradicate it, to secure real gains in politicals/legislation they will need to explore other avenues, and disposed groups may win symbolic victories from the legal profession but little more. I agree and disagree with Rosen because he believes that little comes from supreme court rulings besides the symbol of victory and I disagree; I agree with Rosen that groups that are underrepresented or disposed need to do other things like literature, electoral politics, self-help, and resistance to illegitimate authority.

McCulloch v. Maryland (1819) the Supreme Court ruled that Congress had the implied power to charter a national bank to carry out its enumerated power to regulate commerce. Congress did not have the power to charter a national bank because the Constitution did not specifically grant that power. The Necessary and Proper Clause must be interpreted narrowly. Congress has only the powers specifically mentioned/granted in the Constitution.

Congress had the implied power to charter a national bank to carry out its enumerated power to regulate commerce.

Bureaucracy and Policy Making (Executive Branch) Legislative Delegation

Congress passes broad laws and relies on Bureaucracy (departments, agencies, commissions) to implement laws by adding specific rules or measures

What are the sources of power for the president?

Constitutional -Delegated -Implied -Inherent -in office? Statutory Legislation Case Law Political Parties Personal Skills Circumstances/ Crises --Role of public opinion Constitutional: Constitutional Powers obtained from Article II of the Constitution Article II of the Constitution states that "Executive Power shall be vested in a President of the United States of America." Delegated Powers :Appointment PardonVetoTreaty making Chief Executive Commander in Chief (CIC) Implied Powers: Firing Political appointees?Executive Agreements Executive Privilege Executive Orders Ex. Emancipation Proclamation Inherent Powers? "to take care that the laws be faithfully executed." Many presidents such as Theodore Roosevelt have argued for a broad interpretation of executive constitutional powers claiming that a president could do whatever is necessary so long as it was not prohibited by the Constitution Ex. Thomas Jefferson Louisiana Purchase Statutory Legislation Congress has delegated power to President in areas of domestic, foreign and national security policy through statutory legislation Modern President as Chief Legislature? Indicative of shift from Congress' role as a legislature to more oversight and legislation Examples: Hostage Rescue Act (1868), Economic Stabilization Act (1970), Authorization for Use of Military Force in Afghanistan and Iraq (1998-2002), Military Commissions Act of 2006 Case Law: Supreme Court established precedents that have increased presidential power For Example U.S. v. Curtiss-Wright Export Corporation (1936). Sole Organ Theory: President is the sole organ of the nation in foreign affairs Political parties/personal skills: President as leader of party Issue of loyalty to party over loyalty to a branch of government (i.e. Congress) Does this impact separation of powers and system of checks and balances? Should president's "go public" or take their policies to the people and go over the heads of Washington? Or should presents use the power of persuasion and negotiate/ bargain with Washington? Personal Skills: Experience Character Creation of presidential style Leadership Management Styles Role of Events and Circumstances in Determining Presidential Power: Presidential power affected by the situation surrounding his presidency such as: Crises: -----Ex. EconomicDepression and FDR's New Deal --Created conditions for extraordinary action --Legacy of the new deal: people expect the president to regulate the economy, solve social problems, and provide political inspiration --Creation of comprehensive policy programs: Ex. Truman's Fair Deal Ex. Kennedy's New Frontier Ex. Johnson's Great Society Ex. Wars and other threats to national security: ex. President Bush and War on Terror

Dred Scott v. Sanford

Feb 11-18, 1856 - Mar 6, 1857 Dred Scott was a slave in Missouri. From 1833 to 1843, he resided in Illinois (a free state) and in the Louisiana Territory, where slavery was forbidden by the Missouri Compromise of 1820. After returning to Missouri, Scott filed suit in Missouri court for his freedom, claiming that his residence in free territory made him a free man. After losing, Scott brought a new suit in federal court. Scott's master maintained that no "negro" or descendant of slaves could be a citizen in the sense of Article III of the Constitution. Question: Was Dred Scott free or a slave? Conclusion: by seniority by ideology. 7 - 2 decision for Sanford. Majority opinion by Roger B. Taney. The majority held that "a negro, whose ancestors were imported into [the U.S.], and sold as slaves," whether enslaved or free, could not be an American citizen and therefore did not have standing to sue in federal court. Because the Court lacked jurisdiction, Taney dismissed the case on procedural grounds.Taney further held that the Missouri Compromise of 1820 was unconstitutional and foreclose Congress from freeing slaves within Federal territories. The opinion showed deference to the Missouri courts, which held that moving to a free state did not render Scott emancipated. Finally, Taney ruled that slaves were property under the Fifth Amendment, and that any law that would deprive a slave owner of that property was unconstitutional.

McCulloch v. Maryland

In 1816, Congress chartered The Second Bank of the United States. In 1818, the state of Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax. The state appeals court held that the Second Bank was unconstitutional because the Constitution did not provide a textual commitment for the federal government to charter a bank. Question: Did Congress have the authority to establish the bank? Did the Maryland law unconstitutionally interfere with congressional powers? Conclusion: Sort: by seniority by ideology. Unanimous decision for McCulloch and majority opinion by John Marshall. In a unanimous decision, the Court held that Congress had the power to incorporate the bank and that Maryland could not tax instruments of the national government employed in the execution of constitutional powers. Pursuant to the Necessary and Proper Clause (Art. I, Section 8), Chief Justice Marshall noted that Congress possessed powers not explicitly outlined in the U.S. Constitution. Marshall redefined "necessary" to mean "appropriate and legitimate," covering all methods for furthering objectives covered by the enumerated powers. Marshall also held that while the states retained the power of taxation, the Constitution and the laws made in pursuance thereof are supreme and cannot be controlled by the states.

Briefly describe Marbury v. Madison? How did Marbury v. Madison establish the principle of judicial review?

In the Presidential Election of 1800, Thomas Jefferson won over John Adams. Although, before Jefferson took office, Adams and Congress passed the Judiciary Act of 1801; this significant act created new courts, added judges, and gave the president more control over the appointment of judges. Adam's appointed 16 new circuit judges and 42 new justices of the peace as a result of this act which was intentionally passed to anger his successor, Thomas Jefferson. Adams appointees were approved by the senate, but their positions were not actually valid until their commissions were delivered by the Secretary of State. An appointee for Justice of the Peace in the District of Columbia, Willaim Marbury, never had his commission delivered. William Marbury petitioned the Supreme Court to compel the Secretary of State, James Madison, to deliver the documents. Three situated appointees and Marbury petitioned for a write of mandamus compelling the delivery of the commissions. Although rightfully Marbury deserved a writ of mandamus compelling the delivery of the commissions, the Supreme Court could not grant this request because Section 13 of the Judiciary Act of 1789 conflicted with Article III Section 2 of the U.S. Constitution and was therefore null and void. It was illegal for Madison to not deliver the commissions but the court did not order Madison to hand over Marbury's commission via a writ of mandamus. The Court held that the provision of the Judiciary Act of 1789 enabling Marbury to bring forth his claim to the Supreme Court was unconstitutional because it extended the Court's jurisdiction beyond Article III, Section 2 in the Constitution. The writ of mandamus was not issued by the Court even though insisted upon by Marshall. Marshall reasoned with the Supreme Court stating that the Judiciary Acr of 1789 directly conflicts with the constitution because congress did not have the power to change or modify the Constitution through regular legislation due to the Supremacy Clause (Consitution before laws). As a result, Marshall established the principle of judicial review; judicial review is the power to declare a law unconstitutional which will be beneficial in the future and make making laws unconstitutional much easier.

Which of the following best describes the congressional committee system?

It is a form of division of labor based on expertise and specialization.

power problem for the courts

Judicial policymaking or legislating from the bench is considered inappropriate in a political system where the elected branches of government are expected to have the primary policymaking power. The power problem for the courts is about the boundaries between the political system and the legal system, the separation of politics and law. Keeping law and politics separate is complicated by the fact that the judiciary is expected to have some degree of independence from the political system so that courts can perform one of their most important roles: enforcing basic rule of law values in a constitutional democracy.

What are the four roles of Congress, and how could these responsibilities lend themselves to a power problem?

Law or policymaking for the nation -passing laws for the nation -making public policy -statues Representation -Congress and parliament are representative assemblies -geography and interest Constituency Service -solve problems of constituents Legislative oversight -congress made laws, but executive branch carries them out -thus, congress has legislative oversight of the Administration (president and bureaucracy

Which of the following is not one of Congress' four main roles? Lawmaking for the representatives' local districts. Legislative oversight. Constituency service. Lawmaking for the nation.

Lawmaking for the representatives' local districts.

Policy making in the bureaucracy

Legislative Delegation -Congress passes broad laws and relies on Bureaucracy (departments, agencies, commissions) to implement laws by adding specific rules or measures•Administrative Discretion -"the authority to make specific rules when implementing general laws"-ex. Leocal v. Ashcroft (2004) •According to Immigration and Nationality Act any alien that committed a violent crime could be eligible for deportation and it was up to Attorney General (head of Justice Department) to order removal.

Institutional role of congress: Congressional Oversight

Legislative Oversight has two primary functions: 1. Oversight of Laws 2. Investigation of Scandals 1. Oversight of Lawsoverseeing laws administered by President and bureaucracy While Congress passes the laws, it is the Executive branch that carries them out. Congress conducts hearings to determine how public policy is being implemented or to determine if changes are needed Are the laws being implemented according to legislative intent?Confirmation hearings on presidential nominations are held in fulfillment of the Senate's constitutional role to "advise and consent." Senate committees hold confirmation hearings on presidential nominations to executive and judicial positions within their jurisdiction. While most of the Senate-related clauses of the Constitution are included in Article I, which creates the legislative branch of the federal government, it is Article II, section 2 that gives the Senate the exclusive right to provide advice and consent to the president on treaties and nominations. 2. Investigation of Scandals To investigate scandals on the part of public officials or private citizens whose activities may warrant a legislative remedy. Ex. Watergate (1970) Ex. Monicagate (Clinton's impeachment) Ex. Trump and Russia

What are criticisms of the electoral college?

Many people argue that the electoral college is outdated and no longer serves a purpose while others assert that it's a timeless institution that has protected our democracy so far and will continue to do so. The founding fathers worried that because, in their time, the public was uneducated, they could be swayed by radical and dangerous candidates and they could vote for a candidate just because they know them/state candidates. The educated electorates would know all the candidates well enough they could agree in a majority preventing a dangerous candidate from being elected. People argue that the electoral benefits state's rights because the public chooses which slate of electors will vote. A counter-argument against states' rights is that states are meant to be represented in Congress, not in the executive branch. A rebuttal to this claim is that congresspeople and senators are voted in on by the people, so state governments don't have a direct say in electing people to congress. A second counter-argument to protecting the state's rights is the method of choosing electors because electors will represent the interests of the party even if those interests conflict with the public's interest. The electoral college gives unfair advantages to certain states such as California, with a larger population than Alaska, receives 55 electoral votes versus the 3 electoral votes Alaska gets. Criticisms of the winner take all system include that millions of votes count for nothing, it skews who gets attention in the election. The winner take all system is argued to benefit states by boosting the voting power of the state party coalitions by amplifying their representation in the electoral college; although this does not counter the millions of votes of people not having their votes represented, especially minorities in states. Smaller states are argued to also be dangerous in the electoral college because rather than winning every single vote in those states, they need just half plus one because of the winner take all system, drastically decreasing the number of votes needed. The issue of faithless electors is a lot less common today than in the 1800s but back then that would have been a sound argument against the electoral college because faithless electors could change the election and not represent their state's votes. The Electoral College is an asset to small states and a burden to big states. Well, republicans happen to do better in smaller states (with more rural areas) WHILE Democrats do better in bigger states (with more urban areas). That is not a hard rule; this is why the last two times the electoral college produced a result different from the popular vote, Republicans were elected. The truth is the electoral college seems to preserve some aspects of our democracy while ignoring others.

Prescriptive vs. Descriptive

Merriam-Webster is a descriptive dictionary in that it aims to describe and indicate how words are actually used by English speakers and writers. Generally, the descriptive approach to lexicography does not dictate how words should be used or set forth rules of "correctness," unlike the prescriptive approach. pre - ex: Bureacrucy: "Red Tape"/simply what it represents des - ex: bureaucracy defined: a way of organizing individuals to perform an organization's missions and functions

How did the Founding Fathers view Congress? Did they intend on legislative or executive governance?

Power is dynamic -Congress' role has changed over time •Intentions of Founders: -Legislative Governance and Legislative Supremacy •How federal government works today: -executive governance -Power flows to where it is most effective (national government or states/ particular branch)

What explanation is given for the shift of power from the legislative branch to the executive branch? Citizens have lost confidence in Congress over the course of the twentieth century and deposited that confidence in the chief executive. The President has used the courts to slowly encroach on the power of the Congress. Power is dynamic, not static, and thus more effectively used by the President than by the slow-moving, deliberative Congress. None of the above.

Power is dynamic, not static, and thus more effectively used by the President than by the slow-moving, deliberative Congress.

Which Senate official holds a largely honorary or ceremonial leadership role as the most senior senator of the majority party?

President Pro Tempore

Congress' inaction and inefficiency in the face of a need for action has led it to be referred to as:

The Broken Branch of Government.

US v. Curtiss-Wright Export Corp. (sole organ theory)

The Curtiss-Wright Export Corporation, a weapons manufacturer, sold fighter planes and bombers to Bolivia during the Chaco War, during which Paraguay and Bolivia contested control of a semi-arid region. This violated a Joint Resolution of Congress and a proclamation issued by President Roosevelt, which banned U.S. weapons manufacturers from aiding either side of the war. Challenging its indictment, Curtiss-Wright argued that Congress had violated the non-delegation doctrine in allowing the executive branch to make decisions that were properly left to the legislature. Question In the Joint Resolution, did Congress unconstitutionally delegate legislative power to the President? In an opinion written by Justice Sutherland, the majority upheld the Joint Resolution. The Court reasoned that the federal government could not exceed its enumerated powers regarding internal issues but had a much broader scope of discretion in foreign affairs. Because "the President alone has the power to speak or listen as a representative of the nation," Congress may provide the President with a special degree of discretion in external matters which would not be afforded domestically. Roosevelt thus had the discretion to determine what impact a certain policy might have on foreign affairs and make decisions accordingly, even had Congress not authorized him. Justice McReynolds authored a dissenting opinion.

Which is the oldest of the fifteen executive departments?

The Department of State

How does a bill become a law? (make sure you know all the steps)

The constitution delegates all legislative power to Congress as the only branch of government that can make laws from bills. Even though the House and Senate both must pass a law for it to become a law, they have different roles in the law-making process. Tax bills must begin in the House of Representatives because it is closer to the people. Congress passes the Federal Government's budget and the President must propose a budget by the first Monday in February. Members of the House or Senate draft and introduce bills for consideration by Congress. A committee is assigned to study the bill and then the bill will be referred to subcommittees. The subcommittees may request reports from government agencies to mark up or revise the bill. The committee will decide to either revise, pass, or lay the bill aside. The bill is returned to the full House or Senate for further debate and approval, amendments may be proposed or the bill can be altered. House and Senate members vote on their respective versions of the bill. A bill must be approved by both chambers of Congress. When the chambers go to a conference committee, the House and Senate send representatives to negotiate. The final compromise is embodied in a Conference Report that must be agreed to by both chambers before it is cleared for presidential consideration. After the bill is passed by both Chambers it is sent to the President for his approval or his signature, which if granted creates a Public Law. If the President refuses to sign the bill, it is vetoed.

How does the electoral college work?

The first thing that needs to happen is the nomination of electors by the states for each party. The democratic and republican parties in each state elect representatives (Florida 29 democratic electors and 29 republican electors). Then on election day, each state votes for their presidential electors either republican or democratic (29 in total either republican or democratic after the election). Therefore if a majority of voters vote for the republican candidate for president the republican slate of electors goes to congress to vote on the President. The state's vote for a Presidential candidate and either the republican or democratic slate counts toward the votes for the state in terms of electing a president. Therefore, Florida for example has 27 members of the House of Representatives and two State Senators, if the slate is democratic or the majority of the people vote for the democratic candidate, the 29 votes are all of the Democratic slate. This winner take all system applies to all states except Maine and Nebraska which follow the proportional system/district plurality and awards one electoral vote per congressional district and two for overall state vote; in other words this type of system the need is plurality (most votes, not necessarily majority). So each state has a number of representatives and 2 senators which totals 538 (plus D.C. which has 3 voting members) members voting by states for the president and the presidential candidate only needs 270 electoral votes to win the Presidency. In the event that no one candidate receives the majority of the electoral college, the Constitution calls for the House of Representatives to pick the President and the Senate to pick the Vice President.

how has the power of the president evolved? And again, how does this connect to the power problem of Congress?

The founders envisioned the presidency as: Legislative Governance & Limited Executive Article II of the Constitution states that "Executive Power shall be vested in a President of the United States of America." However, the modern Presidency is much more and includes an extensive bureaucracy. Overall the power of the President has increased over time. One of 3 branches of the Federal Government: Executive Branch Recall experience of Founders: Under King George III Under the Articles of the Confederation

power problem in bureaucracy? why does it exist?

The power problem in the Bureaucracy is legitimacy. The Bureaucracy is considered illegitimate is because it is made up of unelected officials with policy-making power. As a result of the Bureaucracy being not elected by the People brings into question how legitimate is their power. The Bureaucracy has also expanded in today's presidency therefore bringing legitimacy into question even more.

All of the following presidential nominees must be confirmed by the Senate EXCEPT the Secretary of State Secretary of Defense Chief Justice of the Supreme Court Vice President

VP

How is the executive branch organized?

[[cabinet departments, independent agencies, government corporations, independent regulatory commissions]] Component 1: Office of the President of the United States (the Individual) The White House Office (Personal Staff) The Vice President The First Lady Component 2: Executive Office of the Presidency (Policy Advisors) http://en.wikipedia.org/wiki/Executive_Office_of_the_President_of_the_United_States Ex. National Security Council Ex. Office of Management and Budget: The Office of Management and Budget (OMB) is the largest office within the Executive Office of the President of the United States (EOP). OMB's most prominent function is to produce the President's Budget,[2] but OMB also measures the quality of agency programs, policies, and procedures to see if they comply with the president's policies and coordinates inter-agency policy initiatives. Component 3: Bureaucracy 5 types of Organizations that are not always mutually exclusive President appoints many of the heads of the bureaucracy with the advise and consent of the Senate 1. Executive Departments/ Cabinet (15 Heads)Established by Congress ----Ex. Department of State, Department of Justice, Department of Education and most recently department of Homeland Security 2. Independent Agencies -----ex. CIA or NASA -----Established by Congress 3. Independent Regulatory Agencies ----Established by Congress ----Make regulations for various industries, businesses and sectors of the economy ----Ex. SEC, FCC, FDA 4. Government Commissions Task force ordained by president to complete research/ investigation 5. Government Corporations ----ex. Amtrak or U.S. Postal Service

What is the electoral college? and why does it exist?

a body of people representing the states of the US, who formally cast votes for the election of the president and vice president. Recall Founding Father's fear of direct democracy-question of the extent to which citizenry is informed -Believed the general population was too uneducated to make decisions about the president and they might just vote for someone they know, many possibilities -Compromise: the electoral college

power problem in the presidency? how does it connect to the power problem of Congress?

accountability The Rule of Law: Thomas Paine had written in Common Sense: In America Law is King (in terms of a monarchy), and there ought to be no other. Increase in Power from legislative to executive supremacy It connects to the power problem of congress which is effectiveness because the power to create laws has shifted from legislative supremacy to executive governance; so it has shifted from just the power of the courts to the President. The power to make laws is vested in the court/judges and the president establishing an issue of being accountable when the law should be effective and the ruler of the United States; therefore the power is vested in the people whom we elect into power and they create laws (representatives, senators, judges, the president) without the vote of the ppl but just by representatives/President the people elect which means the people have to hope the people making laws/decisions for the country act in the interest of the people and in favor if their parties policies.

sources of power for the judicial branch: Statues and Case Law

•1. Article III of Constitution •Vague and brief language •Supreme Court only court established by the Constitution •size of Court not determined •Gives Congress power to determine number and types of lower-courts •Places no requirements on federal judicial offices •Established Supreme Court's Jurisdiction or its authority to hear cases •Original (limited) •"In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the Supreme Court shall have original Jurisdiction." •Appellate •Justices must be nominated by the president and confirmed by senate•Role of Senate Judiciary Committee in modern appointments 2. Statutes •Congress can create lower courts •Congress determines number of justices •Circuit Judges Act of 1869 •Set number of Supreme Court judges to 9. •3. Case Law •Growth of power of judicial branch with Marshall court's decision in Marbury v. Madison and the concept of Judicial Review •Judicial Review: Power of courts to review the actions (i.e. laws) of government officials to determine whether they are constitutional •"It is emphatically the province of the judicial department to say what the law is."-John Marshall •Marbury v. Madison

political history of the Supreme Court: what are the four eras?

•1. Founding Era (1790-1865); •2. Development Era (1865-1937) •3. Liberal Nationalism Era (1937-1970) •4. Conservative Counter-revolution (1970-).

The Founding Era of the Supreme Court

•During the Founding Era the Court issued major rulings explaining how the new system of government worked. Its federalism rulings broadly interpreted the powers of the national government. •Marshall v. Taney Court •The Marshall Court •Marbury v. Madison •McCollough v. Maryland •The Taney Court (1836-1864) was less concerned about establishing the new powers of the national government, so it issued a number of rulings upholding the powers of the states using the doctrine of dual federalism. Dual federalism is the idea that both levels of government are supreme in their respective fields. •Dred Scot v. Sanford

State Court System

•Generally fall into three levels: •State trial courts •Note: division of labor •State intermediate appellate courts •State Supreme Court •The Florida State Court System is described at: •http://www.flcourts.org/courts/bin/Jurisdiction_chart.pdf•http://www.ncsconline.org/D_Research/Ct_Struct/state_inc.asp?STATE=FL •Florida Court System: 1 Supreme Court (7 members; six year terms) ↑ 5 District Courts of Appeal (six year terms) ↑ 20 Circuit Courts (Major trial court) and 67 County Courts (Minor trial court) (six year terms)