Unit 4 Questions

How does landmark legislation differ from ordinary legislation?

Ordinary legislation refers to the subsequent amendments that protect individual rights and extend rights to those deprived of them in the past. Landmark legislation not only gives support to these amendments but also has established rights not explicitly contained in the amendments.

Has Congress relinquished too much power to the prez? Explain your view.

The one thing I see as problematic is the use of authority in terms of war, however it can be an argument that with growing technology and the changing tactics of war consolidated power will be better to act quickly in the event of a military strike.

How would you define the term bureaucracy?

governmental departments and agencies and their staffs, principally civil service members and political appointees used in all large scale institutions, and they have the purpose of ensuring that anything going through it is fully and properly reviewed

What are local governments? Why do state governments create them?

state constitutions give legislatures power to create locale governments, which receive charters, or grants of authority, to carry out a wide range of governmental responsibilities. local government officials are elected: - counties which record keep, administer elections and voter registration, construction and maintenance of roads, collection of taxes, and maintenance of jails. - municipalities which provide services such as police and fire protection, water and sewer systems, zoning enforcement, hospitals, libraries, and parks. special districts - special districts operate independently and are created to provide only one or a few services within the specific geographic area.

What factors explain the growth of presidential power during our nation's history?

- Americans have always expected their chief executives to act vigorously and address the nation's problems. People want strong, activist presidents, but they also fear activist presidents so expect other branches to keep it presidents in check. - the constitutional powers of the president are stated in broad terms. It is possible to interpret them in ways that permit the president to expand influence - president's role in recommending legislation to Congress. President's propose bills that Congress considers. Enforcing laws enacted by Congress also led to a more central role for the executive. They have also played an increasing role in the development of federal regulations. - the use of executive orders has greatly increased in recent years as a result of the tendency of legislative bodies to leave the details of laws they pass to be filled in by the executive branch. - power has increased as the federal government has assumed responsibilities that were formerly seen as the responsibilities of individuals or of local and state governments.

Describe the responsibilities of the House, the Senate and the Prez in the law making process.

- committee assignment: bills are given to either or both the house and senate. The constitution requires revenue bills, to originate in the House. it is assigned to a committee that focuses on that field. - hearings: representatives and outside experts present testimony in front of the public. - deliberations: "mark up" sessions in which committee members review the bill, modify, and then proposed to the full senate or house. - report: if the bill wins a favorable committee vote in its original form a report accompanies the bill to explain the committees actions. - floor vote: voted on by the house or the senate - referral to the other chamber: bills are sent to the other chamber and the process begins again. - conference committee: when versions of the bill differ between the house and the senate a committee is formed to try to reach a compromise - referral to president: bills approved by both chambers are then sent to the president, who signs it and then it becomes a law. If the president vetoes the law it can be passed by a vote of 2/3 majority of those present and voting of each chamber.

How do committees, rules, and political parties help Congress organize to do its work?

- committees: both the house and the senate have standing committees that has jurisdiction over particular subjects and appoints subcommittees to examine proposals within specific areas. Also select committees and task forces have specific assignments and exist for a limited time - rules: house rules specify the jurisdiction of committees (the kinds of draft proposals for legislation). They place limits on the number of members on a committee, how many committees a member can serve on, and term limits for the chairpersons of the committees. They also govern the form and structure of debates on the floor of the House. - political parties: organizations and leaders within Congress that encourage members to adhere to party policies and platforms. Under political party control, committee chairs are are appointed according to seniority and party loyalty.

How would you explain the following the terms: -Enumerated powers -Implied powers -Enforcement powers -Inherent powers

- enumerated powers: powers listed in the Constitution - implied powers: "necessary and proper clause" any power is granted to them if it is necessary to fulfilling their duties - enforcement powers: the power to enforce laws - inherent powers: powers so deeply ingrained in an institution that they need not be stated

How is the system of checks and balances designed to limit the exercise of prez power?

- president is limited to two elected terms in office - congress can reject the president's legislative agenda or modify it in ways that make it unacceptable to the president - congress can assert its constitutional authority which requires the president to consult with congress before initiating anything - congress can refuse to ratify treaties - congress can refuse to confirm presidential nominees to the judiciary or top administrative posts - congress can refuse to fund the president's programs - congress can remove the president from office through impeachment - the Supreme Court has also passed many cases that limit the president

Describe checks on the power of the Supreme Court and provide an example of each.

- self imposed limits: the court avoids partisan politics by refusing political questions, and they only decide in cases of controversy. They do not issue an advisory opinion (how a law should be interpreted). The court will decide cases by interpreting statutes not the constitution if possible. - presidential appointments: presidents seek to influence future Supreme Court decisions with their nominees to the court. - Executive enforcement: presidents and administrative agencies are responsible for enforcing the Court's decisions. Occasionally presidents have threatened to refuse Supreme Court decisions. - Congressional Powers: Congress determines the supreme court's appellate jurisdiction and budget. Congress can also alter the size of the court as well as when the court meets and suspend the court if needed. Congress can initiate constitutional amendments in response to unpopular court decisions. - Federalism: states are responsible for implementing Supreme Court decisions

Identify four approaches to interpreting the Constitution. Which approach do you think is best? Why?

- textualism, literalism, or strict construction: looking at the meaning of words in the Constitution and giving each word, phrase, or clause its ordinary meaning. - original intent or original history: similar to one above except it addresses the question of how to interpret words, phrases, or clauses that are unclear. try to understand what the Founders meant when they wrote these words and their intention - fundamental principles: looks to principles such as natural rights, republican government, or limited government to interpret the meaning of words phrases or clauses that may be unclear. - Modernism or instrumentalism: starts from the premise that the Constitution should be interpreted and interpretation should adapt to changing circumstances and contemporary needs.

Explain the difference between original and appellate jurisdiction. What is the role of Congress in determining the Supreme Court's appellate jurisdiction?

-original jurisdiction: the power of a court to pass judgement on both the facts of a case and the law. When the Supreme Court hears a case in its original jurisdiction, it is the only court to hear the case. Congress cannot add or subtract from the Court's original jurisdiction. - appellate jurisdiction: the power of a superior, or higher, court to review and revise the decision of an inferior, or lower, court. When a new hearing is asked in hopes that the higher court will overturn or modify the lower court's decision. The Supreme Court has appellate jurisdiction in all cases not in its original jurisdiction. Congress created a three tiered system of national courts and trial courts in each state and thirteen courts of appeal. Congress frequently debates whether to limit appellate jurisdiction in certain areas such as school prayer.

How and why do Congress and the prez rely on administrative agencies?

3 types of administrative agencies - executive departments: Congress directs each department to administer particular laws, the president appoints the secretaries who serve in the president's cabinet (which advises the president) - Executive Office of the President (EOP): helps the President with matters such as budgeting, personal management, and natural resources planning - Independent Agencies: implement congressional statutes, decides whether the rates that state imposed on interstate commerce are reasonable and can order the states to stop imposing unreasonable charges, they also can go to court to enforce its orders Congress and the president are forced to rely on administrative agencies to properly execute laws. Laws are often written in such general terms that problems often arise when they are applied to specific circumstances. Administrative agencies exercise quasi legislative and quasi judicial powers

How can public opinion affect prez power?

A president who lacks public support is handcuffed in his efforts to carry out his policy agendas at home and abroad

Congress uses its power to investigate to assess blame for gov acts in the past and to acquire information to help it enact laws. Is one use of the power to investigate more justifiable than the other? why or why not?

Both are very important in a functioning society. One helps to prevent a tyrannical leader from getting into power through the process of impeachment while the other allows for the investigation of events in order to create laws that will protect citizens. Both protect citizens and their rights and are therefor equally important.

How would you define a "feeble" executive? In what ways might a feeble executive be as dangerous as an overly "energetic" executive?

Both of these terms describe a president's willingness to strongly oppose, support, or pass new legislation. If you have an overly energetic executive they may forcibly pass laws that undeniably have a negative impact on the country. Whearase if they do not have any strong opinions, they cannot fix any of the problems facing the country. Either way, they either take actions that negatively impact the country, or do nothing regarding problems facing the country, which is equally as detrimental.

What values are served by using seniority to determine committee leadership positions in Congress? What values are served by using party loyalty to determine leadership positions? Is one method more consistent with constitutional ideals? Why?

By using seniority, which is based on the length of time in service, there is a sense of natural leadership from a person who has had experience in that field and should there for lead. Party loyalty emphasizes beliefs over experience. Being strong the platform of ones party is important in making decisions that will effect that party. Party loyalty seems closer tied to constitutional ideals because the Founder's emphasized representation and having strong beliefs to make good decisions for their people rather than how long someone has held a position for. Experience doesn't necessarily mean that knowledge is just.

Describe ways that members of Congress try to maintain positive connections with their constituents.

Congress uses 3 strategies to maintain positive connections with their constituents - communications: members and their staff actively communicate through letters, newsletters, media appearances, town hall meetings, and other personal appearances in their districts - casework: members of congress elect staff members in D.C. and local districts to help constituents solve problems the they have encountered with the national government. They also respond to personal favors. - serving constituents' interests and concerns: they introduce legislation and sponsoring amendments to legislation that serve constituents' interests and by working to have federal projects located in their district or state.

Why does each state have its own constitution?

Each state has its own constitution because under the Articles of Confederation states had sole authority. Thus state constitutions were needed to protect and guarantee individual rights and provide some sort of a governmental structure. State constitutions persisted as way to ensure there was not complete dominance of the federal government and that the country could be successfully organized.

What are the differences between a prez and a prime minister?

In the US the legislative, executive, and judicial branches are not integrated (legislative and executive powers are integrated in Parliamentary systems). The country as a whole chooses the president (Parliament approves the prime minister). The Constitution does not require a president to have prior experience in the national government (prime ministers must have served in Parliament before elected). The Constitution does not require Congress to adopt legislation that the president proposes (because the prime minister is so close with Parliament they can assume that any list of measures suggested will be accepted by Parliament). Unlike a prime minister, the president serves a fixed four-year term and does not lose office merely because of low public opinion or failure to persuade Congress to enact proposed legislation.

Should representatives be "delegates" of their constituents and mirror their views or should they be "trustees" who exercise their own policy? Explain your answer.

It is difficult to make this distinction because delegates will mirror the exact wishes of their constituents while the trustees will make decisions based on what they think is the most beneficial for the group. If they are delegates this eliminates the possibility of them proposing ideas for personal gain. But if they are trustees they can ignore the wishes of uneducated voters who were manipulated by other factors. I think the representatives should be delegates to do what they said they would do: represent their people.

How well does the system of checks and balances work? Why?

It works well in some cases and poorly in others, one of the best examples of the limitation on executive power are the ways that Congress can override executive action. First, legislative propositions from the president first have to go through congress before they are passed. Additionally, congress can pass legislation overturning an executive order. Despite these checks, in times of crisis rarely have these mechanisms been used as presidents have deployed troops many times without consent of congress. One good examples of overrides working in state of emergency is when President Truman tried to operate steel mills while workers were on strike during Korean War. Congress shut down many of these actions from the president.

Explain the roles of interest groups in making laws.

Many interest groups influence members of Congress and legislation through lobbying. which is the practice fo trying to affect legislation on behalf of organizations, industries, or interest groups through contact with legislators.

Why has the creation of congressional districts been controversial throughout American history? Why did the "one person, one vote" rule fail to end the controversy?

No matter where the lines are drawn, some groups and interests are benefited while others are harmed. For example after the WWI farms shifted to cities, and district lines were drawn to favor rural areas over urban ones. The "one person, one vote" rule stated that these lines must be drawn on the basis of population. This didn't solve the problem because lines could still be drawn to favor a political party (Gerrymandering).

Why are there ongoing debates about whether the bureaucracy should be staffed by civil service employees or by political appointees?

The argument for civil service employees starts with the fact that President James Garfield was killed by a disappointed office seeker who thought that his political alliance guaranteed him an office. This system is also meant to insulate administrative employees from politics, and assist new leaders and their cabinets to implement their policies (whereas most political appointees lose their jobs when new administrators take over). Political appointees, on the other hand, serve at the pleasure of the president allowing them considerable control over the federal bureaucracy to further their policy, priorities, and agenda. The argument for political appointees also brings up the point that the attempts to insulate administrative employees from politics takes away their right to participate in political activity.

Describe the sources of limits on the exercise of administrative power.

Those who exercise checks on administrative power include: - the president: use their appointment power to reward political loyalists and advance their policy agendas. presidential appointees usually are required to pursue the president's policies in administering government programs, thereby checking the power of civil service career employees. They also use executive orders which direct agency heads and cabinet member to take particular actions - Congress: responsible for the creation, consolidation, and elimination of agencies. many statutes direct agencies to undertake certain actions and refrain from others. appropriates money required for agencies' actions. congressional committees are responsible for overseeing the actions of them. - Courts: decide whether agency operations follow the 14th amendment requirements of due process and equal protection. also determine whether congress has delegated too much legislative authority. - Federalism: if a state policy differs from national policy, national bureaucrats can encounter resistance or refusal to comply with national standards. - Citizens, interest groups, and the media: public policy through report complaints and watching closely over various administrative agencies. Media investigators Also can alert the public and elected officials of problems with justice.

How, if at all, does the complex system of separated powers and checks and balances inhibit majority rule? Explain your position.

Through the system of separated powers and majority rule, no one group or individual can become too powerful. It requires support from multiple groups and doesn't allow for just one perspective to make all major decisions. Checks and balances allow for each branch to "check" the other and the separation of powers ensure that the minority's rights are respected too.

In what ways does the US Congress differ from the Brit Parliament?

US Congress differs from the British Parliament in 4 ways - representation: in the 18th century, each chamber of the British Parliament represented a specific order of society. The Framers of the Constitution wanted Congress to represent all people, not particular to class. So we have created a system that represents the state as a whole (with the senate) and different districts (the House of Representatives). - separation of powers: In Parliamentary government there is a close link between executive and legislative functions.In the U.S. no member of Congress can hold any other office position in the federal government. Congress is one of the three coequal branches of government. - length of terms: In the Parliamentary system there is no fixed schedule for reelections. They must occur every 5 years but they can be sooner. In the U.S. The Constitution specifies times (House of Representatives is every 2 years, Senate is every 6 but with staggered elections). - federalism: In Great Britain there are local governments that are administrative units of the central government. In the U.S. power is split between the national and state/local governments through federalism.

What are initiative, referendum, and recall? How do they reflect principles of popular sovereignty? How do they undermine the concept of government?

initiative, referendum, and recall describe discrete actions that are related to the direct involvement of citizens - initiative can be direct or indirect. direct is an individual or group that proposes and drafts a law or a state Constitutional amendment. then they get a certain amount of signatures to place the proposal on the ballot for approval or rejection by voters. indirect goes first to the legislature. if the legislature rejects then the proposal goes on the ballot. - referendum involves placing a measure that has been approved by a legislature on the ballot for popular vote - recall is the process of removing elected officials from office

How does the national bureaucracy affect your everyday life and the lives of Americans?

the national bureaucracy was created and is added to in order to address the problems raised by citizens. Thus, monumental times such as the industrial revolution, the Great Depressions, and the Cold War have spawned the creation of many new administrative agencies to better protect Americans at the time (responding to natural resources with the Department of Agriculture, to the economic crisis with programs, and to safety concerns with the Department of Defense and National Security Council). Along with this, national agencies have also been created to govern the desires of the people that evolve with new lifestyles, such as increased need for regulation of sanitation or highways.