AP Government Unit 2

House rules comiteee

- Gate keeper for all legislation very powerful - if they don't let a bill through for debate it dies - decided when votes take place and assign bills to various committees for debate and revision

SCOTUS

- Has the bragging rights of being the only court officially established by constition in article 3 - judges of Supreme Court are appointed by the president and confirmed by the senate who hold lifetime appointments on good behavior - has both original and appellate jurisdiction but the scope of the original jurisdiction of Supreme Court is narrow - has original jurisdiction in cases between two states or involving an ambassador or other public official - majority of cases appearing before the Supreme Court r appeals and thus the court makes use of appellate jurisdiction

How congress gets its work done: the house

- House rules mandate limited debate among members cuz its size so the limit is an hour - deciding which bills make it to the floor for debate is decided my the house rules comitteee as well as the comittee of the whole and discharge petitions

Precedents

- Whenever the court rules in a case it creates a precedent - the decision in question will act like a template for future decisions

Factors that determine if a precedent will be overturned

- Whether the justices consider the constitution a living involving document aka loose constructionism or whether they interpret the constition in the words r literally written aka strict constructionism - ideological makeup of the court: liberal or conservative Justice majority

Basic process of how a bill becomes a law

- bill can be sponsored by w member from either the house or the senate - as that bill is considered and debated it often changes in the legislative process - once the bill is assigned to a committee, it can be further debated and changed - once it comes out of the comitteee it goes to the floor for a vote - if bill passes both houses, it goes to the president

Court cases leading to people questioning court legitimacy

- dred scott v Sanford: in the compromise or 1820 which established slavery could not exist in any territory above a certain line besides Missouri and thst compromise kept the slavery debate. He was an enslaved man who was taken to live in Illinois and Wisconsin territories where slavery was not permitted therefore Scott sued for his freedom on the grounds that his enslavement was invalidated by living in free territory while the Taney court decided that since enslaved people were not technically citizens then Scott had no right to sue in federal court and then furthermore the court struck down the compromise of 1820 as unconstitional on the reasoning that since enslaved people were considered property and 5 amendment protects persons property then any law that would deprive a person of his property was unconstitonal and striking it down opened up entire nation to slavery which would be a case of judicial activism cuz as one of the dissenting justices pointed out scott had no standing in court as a citizen had no relationship to striking down compromise of 1820. Outcome was massive to keep the slavery issue balanced so none had more influence over another. This was a huge win for southern states and abolitionists mad cuz unelected Court people j made a decision to confine slavery to the south. Northerners worried political economical power of slave states would consume them after. - korematsu v us: after Japan bombed Pearl Harbor bringing them into the war, president Roosevelt ordered executive orde 9066 ordering Americans of Japanese descent to be gathered into internment camps on the reasoning that they might be involved in espionage for Japanese's gov. They were lots Americans citizens so by executive order he removed American citizens from their homes to internment camps. One of them named korematsu saying no. Supreme Court upheld the forced interment as an example of judicial restraint. They ruled before in a similar case called hitabayashi v the us and that decision they argued relocation of jap American citizens and immigrants was constitional cuz in time of war residents having ethnic affiliations w in invading enemy may be a greater source of danger than other ancestries - roe v wade

Branch responsibilities

- legislative passes laws - Judical interprets laws - executive ensures people abide by laws

Checks on the presidents power by checks and balances (2)

- president trump impeached twice during 4 years in office joining bill Clinton and Johnson as impeached. He wasn't removed but serves as a reminder that he is not all powerful - after Roosevelt 4 terms in office, the 22nd amendment was ratified limited the president to two terms

How can a bill change

- sometimes non Germaine riders r added which r provisions to bill that have nothing to do w the subject of the bill thst benefit w certain reps district or state - addition of pork barrel spending which r funds earmarked for a particular reps district

Two kinds of spending to consider

1. Mandatory spending; money they have to allocate by law -ex. Medicare and Medicaid r healthcare programs which by law have to be paid for thus they r examples of mandatory spending but after all of this is accounted for everything left over is discretionary 2. Discretionary spending: committees is a debate hard over how to allocate these funds w the biggest category for discretionary spending being - ex. Human Resources which is to say paying federal employees who run the government

5 enumerated powers of congress

1. Pass a federal budget aka power of the purse: complex process which can take months of negotiations to settle 2. Power to raise revenue by taxing: biggest portion of revenue comes from income taxes and tarrifs 3. Power to coin money: good cuz creates u uniformed currency throughout nation and saves us from different currency in each state 4. Power to declare war: important to framers that the branch repping the people be the one responsible for sending those people to war 5. Power to raise and maintain the armed forces: important belonging to the peoples rep instead of the president

How other branches check SCOTIS

1. Passing laws thst modify the impact of prior decisions - ex. Us v Lopez where Court struck down congress gun free school zones act deeming it unconstitional and law banning gun on school property based on commerce clause of the constition and congresses power to regulate interstate commerce. Court struck down the law. In the same year they amended it to uphold principle of keeping guns out of school but made it clearer how it related to commerce clause 2. Constituonal amendments Ex. In response to dred scott which opened all states to slavery congress passed the 13 amendment which banned slavery. 13 amendment reversed dred scott decision 3. Passing legislation impacting courts jurisdiction (scope of its power to hear cases the Supreme Court has original and appellate jurisdiction so they can't touch the courts og jurisdiction but can alter appellate by restricting kinds of cases Court can here ) 4. Judicial appointments by president -ex. If a court hands down an unfavorable decision then the president can appoint justices thst r likely to hand down different decisions when the ocassion arises 5. President not enforcing the decision handed down -ex. When court ruled removal of Cherokee Indians from Georgia was not constituonal and Jackson who was in favor of removal said Marshall has made the decision let him enforce it and then removed it

Powers the president has to appoint

1. Power to appoint ambassadors to other nations: U.S. diplomats signed to various foreign countries organizing U.S. relations and presence there so when president appoints an ambassador a senate usually sends them in their way 2. White House staff; need no approval by the senate. President appoints all kinds to work in the executive offices and they're usually people who ran the presidents campaign or r friendly w the president 3. Members of the presidential cabinet: represents the heads of all the main executive departments. Positions r up for senate approval usually approved without much of a fight cuz if the president won the election he should be able to choose he or she wants in the cabinet. There have been times when it's caused tension between executive and senate. When cabinet appointees r contested they're usually approved by the senate. - ex. The last time a cabinet appointee was rejected was in George bush's appointment for secretary of defense wasnt allowed in account of being a womanizer and drunk -ex. Another time was trump appointing Betsy Devos as education secretary. Cuz of her beliefs on printing education she made lots of enemies in the senate and came to a tie on her confirmation before she was allowed and the vp broke the tie and said yes 4. Appointments to federal courts and especially the Supreme Court: justices which the president appoints do have to be confirmed by the senate and the fighting can be dirty cuz stakes r so high like when a president appoints a federal judge, he or she holds thet position for life and that means court appts r one way a pres can ensure his ideals r upheld even after leaving. Sometimes judges rule in way not favorable to policy agenda to president but in general they do - ex. Ronald Reagan's nomination of Justice Robert Bork who had the right qualifications to be a court judge but said he would rule in ways to roll back the liberal civil rights decisions in the previous decades so senate took Bork to take and said no - ex. Donald trumps nomination of Brett kabanaugh to Supreme Court. Had all right qualifications but pounded him for his alleged indiscretions of abusing women, they approved him eventually but still borked him

Leadership structure of the senate

1. President of the senate: vp of the us who is a non voting member of the senate and only votes to break a tie rarely present at the senate 2. President pro tempore: constitution says chosen by senate members meaning it'll be member of majority party leading the senate when the vp isn't present 3. Majority and minority leaders; majority leader has great deal of power cuz they set the legislative agenda by determining which bills r on the floor for debate by controlling calander assignments of bills

3 tier hierarchy to federal courts

1. SCOTUS 2. Courts of appeals 3. District courts

Leadership structure of the House

1. Speaker of the house: position chosen by the house members vote so they will always be a member of the majority party cuz if a party holds the majority in the house their not gonna vote for a leader ina nother party - one who makes committee assignments since everyone in the house will be in some comittees w some more desirable than others, u wanna be on speakers good side to get better comittee assignments 2. Majority and minority leaders: not positions given to house by constition but - folks that guide their own party members in how to vote and other policy making issues and help direct debates - want to make sure their members r working together to achieve policy outcomes favorable to their party 3. Majority and minority whips; responsible for render party discipline and making sure party members work in line w party goals - if recalcintry members r not towing the party line or if reps aren't showing up for votes, whips step in to get them in line

types of comittees

1. Standing committee: remains from congressional session to session always there cuz they deal w issues always present - ex in the senate is the appropriations comittee which is the largest and most powerful comittee in the senate debating and making decisions on where federal money is going to be spent. -ex. In the house is the ways and means comittees which is most powerful and prestigious comittees in the house responsible for taxation bills 2. Joint comittee: groups that involve members from both the house and the senate together jointly - ex. Joint committee on the library dealing with issues relating to library of congress - ex. Joint committee on printing: deals with the publishing arms of the federal gov, both being examples of joint committees thst persist over time but can be formed in short term too 3. Select committee: opposite of standing comittee being a temporary comittee formed for w specific purpose -ex. Select comittee on Missouri compromise which existed for a week and was disbanded after purpose accomplished 4. Conference comitteee: in order for w bill to become a law, identical versions must be passed by both houses of congress and if they can't agree on an identical version then w conference comittee is formed to solve differences

Constitutional principle at stake

14 amendment in equal protection clause. Which says hi state shall make or enforce any law which can deny to any person equal protection of the law dealing w state infringements on liberty

District courts

94 of these scattered in the nation having only original jurisdiction. If a case is here it'll be heard by a judge and jury and - each state has at least one federal district court but many states have more than one

Iron triangle

A close relationship between an agency, a congressional committee, and an interest group relying on one another strength to make policy. Bureaucratic offer expertise to congressional committees with whom they r eager to cooperate since it's congress who approves funding for their departments. Committee members wanna pay attention to interest groups cuz they have policy experts who can inform them of the implications of certain policies and interest groups can provide funding for congressional races. If interest groups help these congress people get elected then they will likely provide funding for a bureaucratic agency that will address interests of the interest group

Cloture rule

A rule heard by senate to move to bring the bill to a vote and end a filibuster by means of a 3/5 vote aka 60 senators which isn't easy

Effects

After Marshall declared it not constitional he invested the Supreme Court w the power of judical review. He'd written abt this in federalist 78 but it wasn't explicitly mentioned in the constition. W this case, the judicial branch became final interpreter of constition to either yes or no to upholding laws passed by congress

Filibuster

An attempt to stall or kill a bill by talking for a very long time and the award for longest filibuster goes to storm Thurmond who talked for 24 hrs to kill an civil rights bill

Issue network iron triangle ex

An iron triangle thst formed around tobacco interest could be severely disrupted by an issue network which is a conglomeration or a bunch of folks who sometimes disagree abt a lot of things coming together around one specific issue seeking to affect change. If one of them is alarmed that so many Americans r using tobacco then they have influence to break the triangle

Unanimous consent

Applied to lots of different situations but basically a call for agreement by all senators to restrict certain privileges for the sake of getting work done faster so if everyone agrees to no filibustering for example then the senate can proceed without fear of getting bogged down

Taft interpretation of the power

Argued a much more restrictive understanding of executive power. Do nothing unless explicitly granted in the constition

Constitional principle at stake

Argued on the equal protection clause on the 14 amendment. Shaws group argued that the equal protection clause was violated cuz districts were drawn only w the race in mind. Reno group argued for the equal protection clause was not violated cuz districts were drawn w the intention of helping bland residents who had been the object of historic discrimination

Where did other federal courts come from if not mentioned in the constition

Article 3 section 1 says thst judicial powers of the us shall be invested in one Supreme Court and in such inferior courts as the congress may from time to time ordain and establish so the Supreme Court is established by the constiton and gives congress the power to establish lower courts as necessary

Abraham Lincoln conception of executive power

Assumed executive powers to save u ion and emancipate enslaved pop of the confederacy and additionally suspended the constitutional right of habeas corpus so people could be arrested without a proper trial. Expanded the power the president had

Informal powers ex of president

Bargaining and persuasion - the president has the ear of the nation in a way that no other politician does and as such the president can talk to the people and try to persuade them to put pressure on their reps to pass legislation in line w the presidential policy agenda but the president can also bargain w congress to get favorable legislation passed. Usually their ability to bargain is through presidential approval ratings -ex. In LBJs first term he had an 80 percent approval raising giving him lots of leverage to get congress to pass his great society legislation but decades later when Clinton was trying to get healthcare legislature passed his 40 percent approval rating meant congress didn't listen to him Executive order - directive from the president that had the rice of federal law but isn't actually a law - as the executive the president is the head of the entire bureaucracy of the executive department like agriculture defense dedication. All them answer directly to the president but do depend on congress from funding - executive branch exists to execute laws passed by congress so an order is a way for presidents to direct bureaucracy or move money around to accomplish his or her policy agenda -ex. Trump couldn't persuade congress to pass legislation to build a walk on the us Mexican border so he rerouted funds by executive order between his executive apartments to get it done -ex. most famous example of executive order was Lincoln's emancipation proclamation freeing enslaved people in confederacy. As president he didn't have power to make slaves into citizens but he did this as a military strategy in concert w his formal powers as commander in chief Signing statement - the president can offer this which is a additional statement that the president can offer when singing a bill into a law that informs the nation how he or she interprets the law and thus how he or she intends to execute it - presidential interpretation will often be different from congressional intent of the law -ex. Franklin Roosevelt signed a statement signing a law during world war 2 mentioning he disagreed w one of the sections thinking it was Not constitional but had no choice to sign the law since a veto would delay us efforts on the war front. He said in the statement if the law came before the courts his lawyers would attack the section not uphold it and that's what happened so the court ruled the section was not constitional Executive agreement - agreement between president and another head of the state - not a formal treaty rather an agreement that president makes on his or her own authority -ex. Obama entered the paris accord on climate change by executive agreement not treatment which was impossible since senate was against the move - exists only as long as that president is in power which is why trump stopped the involvement of that agreement and then Biden got us back in - more politically binding then legally

Why do people debate legitimacy of the court

Because of role of precedence in decision making process

Andrew Jackson conception of executive power

Believed to be the rep of the people and needed to carry out their will (instead of congress). In return in did lots of vetoes compared to the other presidents. Did 12 compared to Washington 2 Jefferson and Adams 0

US congress is what type of legislature

Bicameral- contains 2 houses

When a senate goes after a court appointee like Bork it's referred to as

Borking

How laws r made from bills

Both houses of congress have to agree by vote in identical versions of the bill and if they do it gets passed to the president for signing

Comittees: how the house gets the legislature done

Both the senate and the house use these to get their work done not cuz it's mandated in the constitution but cuz it's more like a practical necessity. They're smaller groups of legislators who debate and draft precise legislation thst would otherwise be impossible in the large group setting of the house or the senate

Warren court accused of judicial activism

Brown v board of education decision leading to integration of schools overturning precedent of legal segregation leading many southern Americans to question legitimacy of supremes court

Ex. Of precedents

Brown v board of education establish precedent that racial segregation in school so now if there's a similar case that comes before a court they probs won't here the case cuz of precedent

Precedents can be overturned but usually rare and big deal

Brown v board of education was overturning precedent established in plessy v ferguson which upheld racial segregation

How president gets policy agenda passed into laws

By formal and informal Powers

Arguments

By refusing to redraw the districts and reapportion representatives all citizens in Tennessee weren't equally protected under the law so the question was justiciable

Structure of bureaucracy

Cabinet departments - 15 - department of defense, education - presidents cabinet r the heads of cabinet departments Agencies - work together to accomplish goals of the department - ex. department of treasury mission is to maintain a strong economy and in order to do this there r several agencies within the department thst work to achieve that end like the Internal Revenue Service responsible for collecting taxes and deciding how and when thst occurs and u have the us mint which coins and prints all money Independent regulatory commissions - operate apart from the presidents authority but r still associated w executive branch - created to regulate some aspect of society -ex. Federal Communications Commission responsible for making sure bad language isn't on tv Government corporation - hybrid between gov agency and private business - when there r services the gov wants to offer to the public but the free market is the best way to do it then a gov corporation is created or acquired -ex. Us postal service

Roberts court accused of judicial activism

Citizens United v FEC: dealt w campaign finance giving Republican candidates an edge

The biggest culprit for bureaucratic slow down

Compliance monitoring

Two ways congress checks bureaucracy: committee hearings

Congress has many committees that correspond to different government agencies and will call directors of those agencies to testify and give reports on their progress in carrying out the law -ex. There is a judiciary committee hearing involving the FBI with reference to an abusive scandal among Olympic gymnast several gymnast reported their abuse to FBI agents and the FBI waited for over a year to do anything about it. Many dozens more abused cuz of this inaction. Judiciary committee is hearing testimony from the gymnast and is going to take the FBI to task because they so horribly bungled the implementation of the law

Two ways congress checks bureaucracy: power of purse

Congress is responsible for funding these bureaucratic agencies and an agency cannot spend any taxpayer money until they receive authorization of spending measures from Congress. Congress is the entity responsible for the federal budget and so when the time comes around to fund certain agencies if those agencies are executing the law the way Congress thinks is appropriate they can decrease the funding available to those agencies - budget and impoundment control act: gave Congress a lot more power over budgetary decisions at the expense of the presidents power

What bureaucracy does

Congress passes a law alike the clean air act which says vague terms thst businesses need to change the way they operate to keep air clean from pollutants but the folks in congress aren't biologists so they don't know details so they Give a clear outcome but the details r vague. The environmental protection agency listens to them and follow what to do based on how they know they can do it

Roberts court has conservative attention

Conservative court to overturn roe v wade which they end up doing

Main beef is usually between president and senate cuz

Constitutionally the senate is given the power of advice and consent w power to approve treaties

Article 1 section 8 of congress

Contains enumerated power where constition makes a list of exactly what powers belong to congress which enables them to do the work of passing legislation

Decision

Court Ruled against Reno and the Justice department cuz while the districts may have been drawn w noble intentions, districts drawn only based on race were j constitutional cuz it set a dangerous precedent so the equal protection clause of the 14 amendment was violated by the districts

How Supreme Court checks other branches

Court checks other branches can strike down laws passed by legislative branch or rules on the constitutionality of executive actions.

Power of the supreme courts : Judicial review

Court has the power to rule on the constitionalith of laws. Not explicitly granted to the court by the constition by federalist 78 and Marbury v Madison

Policy making and how the structures of congress affect it

Cuz both the senate and the house of different structure and powers so policy making is accomplished differently depending on which house

How the senate gets its work done

Cuz of its smaller size the rules for debate r a lot more relaxed and senators enjoy the priv ledge of unlimited debate tjme presenting the ocassion for the filibuster of unanimous consent

Decision

Decided issues of reapportionment were justiciable and Supreme Court said they had the authority to rule on questions of legislative reapportionment

Models of representation

Delegate model - believes he or she must vote w the will of the people even if going against the reps own judgement - believes he or she is there to represent the peoples belief and desires not their own - especially see this model in the house cuz every two years they have to answer to the people in another election Trustee model - believes he or she has been entrusted w the peoples faith and therefore must vote according to his or her conscience - can vote against the will of the people if he or she believes it to be the right thing to do -ex. Impeachment hearings of trump: republicanism senator mitt Romney cited for trumps removal from office even tho the majority of his Utah constitneucy didn't support it Politico model - a hybrid of the other two models - acts like a delegate when it's clear that his or her constituents feel strongly about an issue but if not it'll act more like a trustee

The bureaucracy departments

Department of homeland security - protects Americans from terrorism and maintain control of borders. Which immigrants r admitted and which can seek asylum Department of transportation - manages all kinds of transportation like highway or air travel having rules governing how many hours a flight attendant can work and how much rest they need Department of veteran affairs - manage general welfare of nations veterans . Rules of how veteran hospitals created and staffed and education and home loans going to vets Department of education - manages states and implementation of standards. How schools get federal grants and qualifications Environmental protection agency - protects environment and human health through environment regulations. No dumping nuclear waste into rivers Federal elections committee: - enforces administers campaign finance laws. Rules on how a person becomes official political candidate and rules on how much money they can raise and from whom they can do w it Securities and exchange commission: regulates stock market and prevents frauds. Selling bunch of stocks one day and the company tanks by insider trading then that means they broke SCC rule against

Jurisdiction of Supreme Court

Describes the extent of the power of the court Two kinds Original and or appellate jurisdiction

Senate calendar

Determines what bills and resolutions r awaiting debate and voting

Gerrymandering

Districts r drawn in such a way to benefit one party or group over another. Suppose u had 50 people divided into 5 districts and 40 percent republicans and 60 percent democrats. Drawing them in certain ways the republicans will always win these and the democrats those but if u draw them differently democrats will win in every district but sometimes republicans can hold majorities and now democrats have two

partisan gerrymandering

Districts r redrawn to favor one party over another

Overal summary

During the ratification debates of anti federalists ere deeply distressed by the thought of investing exec power into one guy cuz that could result in monarchy and tyranny. They wanted 7 presidents like a council of exec so no one of them could exert power too much. Hamilton says no saying a single exec is the best arrangement for a republic of freedom - said the executive must be defined by energy which is a leading character in the def of good gov meaning a single exec should be able to act quickly and decisively instead of legislative branch being made up of so many reps that they must debate and compromise which is deliberate and slow - a feeble executive implies feeble execution of gov - energy means unity and responsibility. Unity means the more exec u have the less energy of the office and their ability to Carry our demands of the office. Mentions every case of a civilization relying on multiple executives had bigger division and bad effects. - Compares the legislature to the executive saying it's chief virtue is multiple reps having them debate issues and deliberate before legislation is passed. Those r good for legislative branch but counteract qualifies in exec which r most necessary in its composition and vigor. Unity and energy and decisiveness it provides is the first argument for single exec - second argument is abt responsibility of exec. A plan for multiple execs will conceal faults and destroy responsibility. If power is abused by exec branch and there's 7 execs it may be impossible to decide which execs is at fault and who should be responsible, if one acts like tyranny they know who to blame - despite dangers of monarchal power that may happen it's a single exec who will be able to best discharge duties of the office w energy and decisiveness. If it's corrupt there's no doubt who to replace

Parliamentary Procedure def

Elaborate system of rules for who can speak when and how the speaker has the power to recognize who can speak and not

Franklin Roosevelt expansion of exec power

Elected during Great Depression he made broad use of his executive powers to pass his new deal legislation aimed at rescuing Americans from their economic suffering to which he was able to get lots of new deal policies passed and new agencies and spent lots of money to put people to work and made use of veto 635 times. Elected no less than 4 times breaking the two term traditions set by Washington. Tried to push out Supreme Court justices who disagreed w him to replace them w his own judges as well as expand their number of seats on the Supreme Court.

Why it matters

Established foundation of the one person one vote doctrine which states were required to apportion their representatives in a way that equally represented all the people so that no votes counted any more than any other votes fundamentally altering the nature of political representation across the USA . Many states had to redraw their districts after to make sure rural votes weren't more powerful than urban . Got supreme court involved in political questioning like redistricting which meant a whole new set of questions potentially being raise before Supreme Court and as a result of the decision. The court was going to get involved in every political question. They established a 6 part test to help future justices decide when an issue before the court was only political in nature and avoided and when an issue was justiciable and should be considered

Marbury v. Madison (1803) summary

Established precedent for judical review of Supreme Court serving as the most potent checking power of other branches the court possesses

Judiciary Act of 1789

Established structure and jurisdiction of lower federal courts

Redistricting

Every 10 years based on the info gathered by the census, congressional districts r redrawn to reflect the most current population numbers which can be a highly contentious issue and things can get even crazier when districts aren't reapportioned properly

2.12 the federal bureaucracy

Explain how bureaucracy carried out the responsibilities of the federal gov

2.3 topic congressional behavior

Explain how congressional behavior is influenced by election processes partisanship and divided gov

2.102.11 Supreme Court in action and how it can be checked

Explain how exercise of judicial review in conj w life tenure can lead to debate abt legit schools of courts powers and explain how branches of gov can limit court power

2.12 discretionary and rule making authority

Explain how federal burwxesxy uses delegated discretionary authority for rule making and implementation

2.6 expansion of federal power

Explain how presidents have interpreted and justified their use of formal and informal powers

2.4 the roles and powers of the president

Explain how the president can implement a policy agenda

2.5 checks on the presidency

Explain how the presidents agenda can create tension and frequent confrontations w congress

2.2 structure powers and function of congress

Explain how the structure powers and functions of both houses of congress affect the policy making process

2.8 judicial branch

Explain the principle of judical review and how it checks the power of other institutions and state govs

During the ratification debates anti federalist were worried about lifetime appointments of federal judges

Federal judges aren't elected but appointed by the president for life on good behavior. Thought this arrangement was bad beleving if judges were insulated from the people then they be tempted to go to tyranny. Say they don't have constituon Al power to create or enforce it but by power of judicial review and ideological makeup of its justices, decisions handed down can have far reaching effects leading some of them to question legitimacy of court

Facts

Federalists and democratic republicans fought on lots of issues and federalist president John Adams lost election of 1800 to democratic Republican candidate Thomas Jefferson which was a bitter loss for feds. Adams had a plan to dilute power and influence of democratic republicans once Jefferson took office. Federalist dominated congress created a slew of new courts and judgeships which was the president who's constitinallyy responsible for appointing federal judges . In his last days president Adams packed the federal judiciary full of federal judges who would likely frustrate Jefferson's political agenda. When Jefferson took office he ordered the Secretary of State to leave the under delivered commissions undelivered which made Marbury who was one of the judges who had been appointment but not received commission. He sued Madison using a writ of mandamus which is a court order to require an official to do what they're legally required to do

Two ways president can check bureaucracy: formal and informal powers to put their agenda through

Formal power - appointment: if the bureaucracy isn't behaving like the president would like and the president can appoint new heads of agencies and usually those are going to be so sympathetic to the presidents policy agenda. However he cannot fire regulatory commission heads without reason but the president can fire and hire other bureaucratic positions at Will —— ex. Donald Trump fired James Comey who was the Director of the FBI because Trump believed Comey was not handling the investigation into Russia's interference with the 2016 election in a manner that aligned with trumps agenda. Informal powers - executive order: brings the bureaucracy into line with the presidential policy agenda - ex. Civil rights ; LBJ had agenda item with the civil rights act and he signed the civil rights act into law which prohibited employment discrimination based on race gender or religion. If the discrimination did occur the agency is responsible for enforcing it would only know after the fact but Johnson decided to sign executive order 11246 which took civil rights and employment one step further this executive order mandated that any contractors hired by the federal government had to take affirmative action not only to avoid discrimination but also to populate their organizations with women and minorities and other discriminated groups.

Divided government

Gov in which the opposing parties hold majorities in both houses or when the president is from one party and congress has a majority opposing from the other party which slows things down -ex. President Obama had chance to appt new Supreme Court Justice which happened in 2016 to be the last of his 8 year term so Obama was not up for reelection which is a lame duck president cuz since there's no chance he was gonna be president again congress didn't have much incentive to work w him on agenda items. Supreme court Justice Antonio Scalia died during obamas lame duck stretch but still being pres appointed another judge w liberal ideals. Problem is there was divided gov cuz the senate whose job was to confirm presidential appts held a Republican majority so senate majority leader McConnell said it wasn't good form to allow a president to appt a Justice in the final months of his tenure. Senate refused to hold confirmation hearings slowing down things. 4 years later republicans Donald trump in election year has oppurtunity to appt a new Justice in the waning months of his presidency and republicans still held a majority in the senate and instead of adhering to the principle they laid down w Obama that it wasn't good form they moved to hold confirmation hearings for a conservative Justice to be out on bench

Deficit spending

Government practice of spending more than it takes in from taxes. As mandatory spending increases it makes sense that the discretionary spending decreases but it is not the case usually to which to get extra money congress borrows it or raise taxes

The congress under the articles of confederation only

Had one house in congress and each state was represented equally which was not effective

Federalist 78 summary

Hamilton argued the judicial branch of the new federal branch in the constition by acknowledging that since there's no federal court system under articles or confed, no one disagreed that they need new judical instituting but how long or how and what kind of power was debated. - how judges appointed: they are appointed by the president according to article 3 of the constition and the length of the term all judges who r appointed can be there forever as long as good behavior there (anti federalists don't like that cuz they're arguing against constition and saying people do elect these judges or replace them in elections cuz of life tenure) Hamilton said lifetime appointments necessary to keep the branch of gov independent as possible. Similar to Madison's argument in federalist 51 talking about in order for new gov to work each branch of gov need to operate independently which is what he is arguing. Lifetime appts making it possible for judges to rule w impartiality an pleasing people for reflection. Life time spots r practical, Hamilton says think abt the whole mountain of precedence that w federal judge is responsible for knowing, if u change judges out at any span of time, the amount of learning that has to be done will make the office itself prohibited. - what kind of power; duty of federal judges must be to declare all acts contrary to the manifest tenor of the constitution void through judical review. Court is responsible for considering laws passed by congress making sure they're in line w the constition. If the court finds out no then the offending laws r null and void. Opposers said this would make judicial branch more powerful than legislative branch. He says if the legislature passes the law thst violates the constition it's already null and void cuz no Unconstitional law can be binding on a people government by the constition so courts r an intermediate body beteeen people and legislature to keep it in their limits - why it doesn't give judical too much power: supposes the power of the people is superior to both .

Federalist 78 summary

Hamilton argues Independence of the judicial branch erected a protective wall around its power , achieve in large part by the lifetime appointments of its judges - said the lifetime appointments insulated the judges from political pressure so they could thus focus exclusively on constitutional interpretation of laws. - Additionally Hamilton argued the nature of the courts power is its exercise or judicial review - court said he should be able to consider the laws passed by the legislature and decide w there those laws align w the constitution or not and if not strike them down

Delegated discretionary authority and rule making procedures

How The bureaucracy has a great deal of power over how laws are implemented and how they're executed

2.7 presidential communication

How communication tech has changed the presidents relationship w the national constituency and other branches

2.14 2.15 holding bureaucracy accountable

How congress uses oversight power in relationship w executive branch and how president ensures exec branch agencies and departments carry out responsibilities in concert w goals of administration

2.9 legitimacy of judical branch

How the exercise or judical review in conjunction w life tenure can lead to debate abt the legitimacy of the supreme courts power

Everybody knows the president is and if they're keeping track of politics they have an eye on the president

Huge advantage for exec branch cuz among the informal powers of the president is persuasion so they have a whole chunk of policies to be enacted but can't pass them in the laws of the presidents own authority so they must rely on congress to enact that legislation in line w the presidential policy agenda.

Factors thst can facilitate law making process or slow it down (4)

Ideological divisions, divided government l, the way reps understand their role, redistributing

How a case travels through the court system

If a guy breaks the federal law he first stands trial before a judge and jury in a district court. If he's not happy w thst decision thinking there's a reason for appeal the case is heard by the 3 judges of thst regions court of appeals. If there's a further appeal it'll end up before the Supreme Court.

How efficieny of bureaucracy changed overtime aka how people come to work there

In Jackson days, getting a job in bureaucracy was through the spoils system which is when a president wins an election he had 100s of bureaucratic jobs to fulfil so he'd give those jobs to his supporters not necessarily those fit. In 1881 assassination of President Garfield hearing from many applicants people who had helped him get elected and there were way more applying than jobs to give so someone got mad and killed him - civil service reform created through Pendleton civil service act creating merit based system for applicants seeking jobs in bureaucracy so jobs went to qualified people helping increasing effectiveness of bursxecy making it more professional and neutral

Baker v. Care (1962) redistricting

In Tennessee the work of redrawing districts wasn't drawn properly so rural voters had a lot more power than Urbans which argued that the situation violated the equal protection clause of the 14 amendment and the court agreed it did resulting in a one person one vote principle so redirecting had to be done in such a way that every persons vote was equally powerful

Discharge petition

In order to get their work done if a bill gets stuck in comittee, the house can muster w majority vote to bring the bill out of the committee and to the floor to vote.

How FDR proves Hamilton 70

In the 1930s the nation was in crisis and fdr came into get to work to handle it. Now since his presidency, it's power has expanded and contracted but never got back to the smaller scope of power thst we had in a president like Washington which is funny how today republicans today argue how or small the gov should be cuz after FDR the gov was big. What they're really arguing abt is whether it should be a smaller big gov or a bigger big gov

Alexander argues in federalist 78

It actually protected liberty of the people instead ofsquashing it

If someone threatens a filibuster

It basically accomplishes the same thing Thurmond did to stall a bill

Arguments

John Marshall said does Marbury have a right to commission if yes is the court ordered writ or mandamhs the proper way to get the commission and if yes does the court have authority to grant the writ

Constitutional principle

Jurisdiction clauses in article 3 of the constition . Article 3 is abt the judical branch and how it gets its power and what kinds of cases it can hear. Jurisdiction means the scope of power the court exercises over the different cases. Article 3 states Supreme Court has both original jurisdiction and appellate. According to article 3, only a narrow set of circumstances were Supreme Court has original jurisdiction in all cases affecting ambassadors, other public minsters counsels, and those in which a state shall be party. They only have it in cases involving states or foreign ambassadors or counsels.

Judicial restraint

Justices adhering to this believe judges aren't appointed to make policy thats the job of legislature so a law should be struck down only if it violates the actual written word of the constition. Those who fall into this category out a huge emphasis on precedent and stare decisis principle

MAjn reason

Justifying the need for a single executive or president

Federalist 70

Laid down by Alexander Hamilton which argues for a single executive . Anti federalists were arguing back that executive power needed to be divided among a few presidents so the executive branch didn't become in their own words: the fetus or monarchy. Worries if there was only one president tyranny could occur. Hamilton says a single executive is necessary cuz a - single person can act more decisively when required - single executive will actually be a protection against expansion of executive power cuz if the president tries to grab at power then everyone knows exactly who to blame So it'd be more inclined to be careful cuz they'd be watched so closely

Coalition def

Legislators thst work together for a common goal

Stare decises

Let the decision stand so the court always considered past precedents bound by the principle of state decises when making their rulings

Ideological divisions

Liberals and conservatives rep two different assumptions and principles over the last 30 years there's a trend where conservatives and democrats have become more liberal which has severe implications cuz the further from the middle each one gets the less the ideas abt what's good fro the nation overlap resulting in difficulties to negotiate and compromise which is what our gov requires . Bills come up and instead of healthy debate we get policy gridlock and partisan fighting which can impede the processs of getting laws passed so in an environment like this the best way to get work done quickly is to have the same party as the majority in both the house and senate. That way they can always pass legislation which aligns w their ideology without having to consider the ideological position of the minority party. When one party dominates both house of congress. Things get done quickly -ex. This is how fdr got so many of his new deal programs passed in his 100 days of office and president obamas healthcare passed

Full summary

Lifetime appointments r necessary for judicial branch for federal judges to keep them independent and i reliant on popular will and the judicial branches power of judicial review doesn't make the court system more powerful than the legislature but rather balances and checks it

To call a court activist is usually a complaint cuz

Like saying the court is going beyond constition to establish idealogical will of the majority

How bills get passed house vs senate

Lots of debate from houses and have different rules for debate depending on their structures. Cuz the senate is smaller, their rules provide for unlimited debate on bills but the house has so many members they have rules that restrict debate to an hour per member - senate debates more relaxed and informal cuz of size and structure - house r more structured and governoed by rules cuz of size and structure

federal bureaucracy

Made up of millions of people Who work for all the agencies and departments that fall under the authority of the executive branch. Many bureaucractic departments and agencies whose jobs is to make the finer more concrete rules and regulations to enforce the law.

Advice and consent

Many pres appointments have to first be approved by the senate

Bureaucracy

Millions of people who r employed to carry out the responsibilities of the federal gov falling under authority of executive branch (enforce laws passed by congress so in order to enforce it requires lots of people)

Rehnquist court decisions

More conservative - Planned parenthood v Casey: restricted abortion rights instead of under heree access to abortion they require parental consent for minors wanting abortion and 24 hr waiting period - District of Columbia v heller: court expanded gun ownership

Burger court decisions

Named after Chief Justice warren burger and very liberal. - roe v wade : repealed all state laws prohibiting abortion in the first trimester of pregnancy - us v Nixon: ruled against him when he invoked executive privilege refusing to turn in evidence thst implicated him in watergate. Ruled while he had executive privilege it didn't extend that far

Courts of appeals (appellate jurisdiction)

Nation is divided into 12 regions with each one having a court of appeals which hears appeals from the lower courts and their job is to make sure the law was applied correctly in those cases where they have 3 judges and no jury

According the the constituon the president has

No authority to pass laws job of congress so how do they get policy agenda passed into law?

Facts

None of North Carolina's reps were black which was a problem cuz 20 percent of the states population was black so when it was time for reinforcement after the 1990 census, nc drew one district which was majority black and submitted it to the Justice department for review and then upon that review, the Justice department said that they thought they could get a second majority black district if they tried real hard which is what they did. Example of Gerrymandein

Informal powers

Not explicitly said in the constitution but that the president exercises anyways - bargaining and persuasion - executive agreements

Informal powers of president

Not mentioned in the constitution but exist cuz of the nature of executive power

Iron triangles aren't prevalent as much now cuz

Number or competing interest groups have multiplied and issue networks which work to weaken iron triangles

Original vs appellate jurisdiction

Original: - court can hear a case for the first time Appellate: - can only hear appeals from the lower court

Most complex legislation congress has to consider

Passing of federal budget

Formal powers of president

Power explicitly given to the executive in article 2 of the constitution

Formal powers

Powers granted to the president explicitly said in article 2 of the constitution - power of the veto - power to appoint federal judges

Implied Powers of Congress

Powers not specifically written in the Constitution. Gotten from the necessary and proper clause at the end of article 1 section 8 saying congress has the power to pass any laws which may be deemed necessary and proper to the carrying out of the enumerated powers. They've used this for years to pass wide range of legislation on economic and environmental and social issues

Bureaucracy officially falls under the authority of

President

Pocket veto

President has 10 days to sign a bill but if congress adjourns before that 10 day period is up and he doesn't sign it it's veto

How does president decide which bills to pass and veto

President will veto a law if not in line w the presidential policy agenda. Usually not a surprise to anyone cuz the pres knows what kind of legislation is being worked on in congress and congress wants to avoid that veto at all costs cuz if legislation is vetoed it starts right back over in congress. In many cases all he has to do is threaten to veto a bill which motivates congressional reps to fashion the bill into something the president will sign.

Committee of the whole

Procedural move that relaxes some of the rules for debate so thst the amendments for bills can be debated quicker. Doesn't require all 435 members to be present but a minimum quorum or 100 reps

Decision

Said yes he has the right legally entitled to the commission so the writ of mandamus is the right way to get his commission how ever the court did not have authority to grant the writ of mandamus cuz article 3 says there's now where that allowed court to issue that'. Marbury thought the court would do well cuz of judiciary act of 1989 article 13 saying Supreme Court has authority to issue written mandamus in original jurisdiction cases. His case being heard before the Supreme Court for the first time means it's within original jurisdiction therefore according to the judiciary's act, the court has authority to issue the writ. Marshall said article 13 of judiciary act conflicted w article 3 of the constition . Marbury and Madison r neither states or ambassadors Marbury is a judge and Marion is cabinet secretary. While the writ would be legal under the judiciary act because it expanded the scope of courts og jurisdiction, Marshall said that's not what condition says about court authority so ARTICLE 13 of judiciary act is not constitional and null and void

Presidential power expands overtime due to how president understands the role which is illustrated in two opposing interpretations of the executive role especially from teddy Roosevelt

Says the president ought to act on behalf of the people in every conceivable manner unless explicitly restricted by the constitution.

Congress power is divided into two houses

Senate: - each state represented equally - each state has two reps and therefore two votes - considered the more mature body in congress cuz members have to be older than in the house 30 years old - hold 6 year terms which is longer than house cuz the framers of the constition wanted this house to be insulated from public pressure - have more constition responsibility than house members - each state only has two senators so they represent the entire state so they're less connected to the people they represent - deal more w big issues and generalities House of Representatives - each stared represented by population - more populous states have more reps and less populous have less - every state is guaranteed at least one representative - federal law caps the number of reps at 43 - a representative only has to be 25 to run for a seat - hold two year terms cuz reps face re-election not too long after getting it, they have to be more responsive to people who elected them - closer to the issues thst people In their districts care abt since they don't rep a whole state j the portion of the state - less likely to form bipartisan coalitions to pursue various legislation goals

Why it matters

Set a precedent for future cases involving racial gerrymandering and to this day districts can't be drawn only w the intent to gather those of the same race into voting districts which had been challenged on 7 occasions ocer the years w the decision still standing

Purpose of congress

Since congress embodies the legislative branch of the gov they're unique purpose is to make laws

Presidents would love if the bureaucracy would operate entirely within the presidential well but

Since the bureaucracy is responsible to Congress to that does not happen

How judicial branch checks power of bureaucracy

Since the rules and regulations being implemented by the bureaucracy directly affect the lives of Americans with the force of law, that means that people can appeal to the courts when one of those rules or regulations is deemed unconstitutional and this would be the court exercising judicial review over the bureaucracy. Most cases the court rules in favor of the agency unless there's a blatant violation of the constitution

Facts about the case

Some residents complain that these districts were drawn for the purpose of electing black reps to the legislature which is wrong cuz constituon is colorblind and the Justice department agrees that they were drawn to favor one race for another which is okay when the race had been marginalized so they're not arguing w their interpretation, w a strict colorblind reading this is wrong. But the argument goes the constituon ought not me colorblind and favor the marginalized when we can to create a more equitable socity

Facts

State of Tennessee and redrawn legislative districts in over 60 years which is urban pops grown more than rural so since districts hadn't been redrawn ina while rural voters had more power than urban voters. Tennessee groups had been negligent in redistriicting cuz the supreme court had already decided that questions of redistricting weren't just justifiable which means the court had no business ruling on such things, arguing it was a political question not a Justice question

The only constitutionally required constition communication from the president

State of the union address: required from time to time in order to reccomend to congresses consideration such measures as he should judge necessary and expedient. Happens at the beginning of every yesr making all kinds of policy reccomendation to congress while the nation listens. No other politician has that platform - ex. George Washington gave his state of the union addresses in person but subsequent presidents threw that precedent out until Woodrow Wilson took it back up

Congress is concerned that

The bureaucratic agencies actually implement the laws as Congress intended when they passed the law so in order to exercise oversight there's two ways for congress to check bureaucracy

delegated discretionary authority

The bureaucratic have no constitutional authority of their own so the power they have is delegated to them to enforce the law and since they r filled w experts in the given field they have discretion to decide exactly how and when to implement the law

President appointments justices to Supreme Court w advice and consent from

The senate (one of the most important things president does). President picks ones that align w their political idealogical. Conservatives appoint conservatives and liberals appt liberals usually

Plessy v Ferguson and judicial restraint

The virtues of judicial restraint and its emphasis on the letter of the law created the occasion for a violation of civil rights as in the seperste but equal doctrine established by plessy v ferguson. When justices operate under judicial restraint it could sometimes keep them from overturning precedents that need to be overturned

Rule making authority

They're the ones who make the specific rules for how laws will be carried out -ex. 16 amendment in 1913 establishes income tax saying congress can tax or collect so people have to pay taxes which happens through bureaucratic agency called the Internal Revenue Service steps in that makes the rules for how taxes r collected like what day and how they're layer in what form. Implement the broad law thst we must pay our income taxes

How do u figure out how many reps each states gets in the house

Through a census which happens every 10 years measuring how many people live in the us and where so seats in the house r reapportioned to reflect the current pop

How president gets the persuasion done

Through his communication w the nation and other branches of gov

Shaw v. Reno (1993) racial gerrymandering

Two nc districts drawn in very weird shapes to create majority black districts to be fair nc was only doing what the Justice department told them to do on account of the voting rights act of 1965. So even tho districts were drawn in order to boost the power of the black vote the court ruled drawing districts only made on race was a dangerous practice there could be used to disenfrsnce minority voters so un constitutional

Civil service reform act

Under carter 1978 upholding merit based system in place expanding oppurtinity for women to work there and increase efficiency of departments

Over time the president has

Used more and more of both powers w the end result being a much more powerful executive than we had when the republic began. This growth was one of the chief fears that had anti feds scared during ratifying constitution debates

What is a policy agenda

Very president has certain policies that they campaign on as a informal contract between them and the people who vote them in. If u elect me here's the laws I'll work to put in place.

George Washington conception of executive power

Was basically to defer to congress which was the peoples branch. (

How presidential communication has changed through time as new tech emerged

Washington state of union address along w many presidents after him were published in the newspapers and additionally any speeches given by the president were necessarily filtered through newspaper journalists. Overtime, new tech enables the presidents bully pulpit better. - ex. Franklin Roosevelt: many Americans had radios in the 1930 to gather around for entertainment and news. Rooselevt used it for his benefits making promises abt the mountain of legislation he'd do in his first 100 days in office but knew he needed the people on his sound to get it done quickly. Hosted fireside chats through the radio explaining in common language the outlines of the major proposals and their impact on Americans like banking crisis and different agencies part of his new deal program. It worked and he was able to get a lot passed -ex. Television came where a president could speak directly to the people visually making it necessary for president to look good and sound good. During debates beteeen Nixon and Kennedy, people could listen or watch them and those who listened liked Nixon thinking he won debates. Those watching tv thought Kennedy won the debate. Kennedy won the presidency hosting televised press conferences to answer questions and speak to American people about his policy agenda - ex. Rise of social media stopped from the filtering third party journalists that the presidents communication had been going through in the bully pullouts to the transformation by social media. Sights like Facebook and twitter had president speak directly to American people without third party mediators and the speed at which president couldd comment on public issues was much faster —-ex. Obamas used this to keep his constituency informed of policy proposals especially trump who got bully pulpit string where twitter was his platform and in the 4 years of his presidency he is 20000 tweets averaging about 35 tweets w day using the bully pulpit to praise and attack those he likes and disliked urging American public to support his policy agenda Even tho presidents can speak as freely as they want through social media and mostly without any kind of filtering, trump was able to find the limit of that where twitter banned his account cuz he apparently played a direct role inciting an insurrection in the capital building on January 6 2021 so his bully pulpit was shot down

Bully pulpit def

What teddy Roosevelt called the presidency. It's where a preacher stands to communicate to a congregation. Bully is excellent so the office of president is a bully pulpit to get the policy agenda passed and he's right when the president speaks the nation listens. They may disagree but they listen

Judicial activism

When a court acts to establish policy and in its deliberative work considers the broad effects of a decision on society

Compliance Monitoring

When a regulatory agency imposes rules on an industry they must go through the laborious process of following up with the players in those industries and making sure they are complying which takes lots of time and work slowing down implementation of policies. Not necessarily a bad thing since the alternative would be for bureaucratic agencies to create rules and then never follow up to see if those under the rules are following them

What the entities do to carry out executive branch will : bureaucratic organization

Write and enforce regulations - ex. Closed captions on vids FCC made it a rule closed captions be included for those w disabilities. If u don't include it the FCC get mad Issue fines for non compliance: compliance monitoring - ex. It u decide to not submit April 15 deadlines for filing taxes doesn't appeal to u then the IRS will fine u - ex. If businesses don't abide by provisions of clean air act and pollute the environment then the environmental protection agency will fine Interact with congress - department heads r experts in field going to congressional comittes testifying in behalf of the dealings of that agency or department. These bureaucratic agencies work closely w congressional comittes and interest groups and when they do so it's called an iron triangle

Federalist papers

Written to argue for the ratification of the newly drafted constition.

Vast majority of checks on bureaucracy comes from president

and although Supreme Court joins the fun now and the

Formal power of the president ex (2)

power of the veto: - he can veto any bill that comes across the presidential desk and if that happens it won't become a law unless congress overrides it w a 2/3 vote of each house - president had 10 days to sign a bill once it arrives on desk - executive power given to the president by the constition commander in chief of the us armed forces - even tho he's the leader it's congress w the power to declare war according to article 1 section 8 - can use power to implement presidential policy agenda - ex. Joe Biden campaigned on the promise to end the way in Afghanistan and remove all American troops and as the commander in chief he has the authority to do that which was part of his policy agenda using his formal powers to get it done

Enumerated Powers of Congress

powers granted by the constitution

Even tho both houses use comittee to get work done,

the different constitionAl responsiblities of the house and senate effect policymaking process in committees

How the voting process can be effected by log rolling

when one rep says to another that they'll vote for their bill if they vote for theirs