Unit 2 Barron's: Interactions Among the Branches of Government

The Federal Bureaucracy

The organization, function, oversight, and policy-making characteristics of the federal bureaucracy make it a powerful arm of the federal government, which has limited accountability - Bureaucracies are defined as large administrative agencies and their names derive from the French word bureau, which refers to the desk of government worker, and the suffix cracy, indicating a form of government - Bureaucracies reflect a hierarchical authority-there is job specialization, and thee are rules and regulations that drive them - Approximately 4 millions U.S. government workers make up today's federal bureaucracy. The number is even greater if you consider the number of state and local government workers. A little more than 10 percent of federal employees actually work in Washington

Pork-Barrel Legislation

"Bringing home the pork" has been condemned by critics as wasteful congressional spending. There has been a rise in pork-barrel legislation; in 1994 there was $8 billion of pork-barrel spending; it rose to more than $17 billion in 2010. Even after Congress imposed a ban on it, there was still $5 billion of pork-barrel spending in 2016. - Pork-barrel legislation refers to projects that representatives and senators attach to appropriation bills that would benefit the constituents of their districts or states - The term "pork barrel" is derived from the post-Civil War practice of plantation owners giving rations of salt pork from wooden barrels to their former former slaves - The "bridges to nowhere" was an example of this type of legislation: Alaskan senator Ted Stevens proposed building a $200 million bridge to an isolated island off the coast of Alaska - The practice was banned by Congress in 2011

Iron Triangle Issue Network

- "iron Triangle" refers to the interrelationship among bureaucracies, the government, and special interest groups - Sometimes Iron Triangles face challenges for control from issue networks that consist of career bureaucracies, policy consultants, and other groups that think about issues in a broader way than do members of the Iron Triangle

Judicial Activism

- A supreme Court that reflects judicial activism is a court that is described as liberal because its decisions are broad in their interpretation of the Constitution - A Court that is described as activist hears more than 100 cases in a term, establishes new precedent, and uses its power to promote social change, increase the rights of the accused, and broaden civil liberties by expanding const. clauses such as the Equal Protection Clause of the 14th Amendment and the Commerce Clause in Article I - The Earl Warren Court is known as one of the most activist courts in Supreme Court history

Elastic Cause

- Also known as the Necessary and Proper Clause - Found in Article I, Section 8, Clause 18 - Gives Congress an implied power to "Make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers" - Enables Congress to expand its powers and makes the Constitution a document that changes with the times

Congressional Oversight

- Congressional oversight, also known as legislative oversight, is the "watchdog" responsibility of congressional committees with the goal of preventing waste and fraud, ensuring civil liberties and civil rights, gathering information in the lawmaking process, and evaluating the executive branch - Oversight is carried out through committee hearings, reports sent to Congress by the president, informal meetings between legislators and members of the executive branch, congressional studies by congressional agencies such as the Congressional Budget Office, and setting appropriation levels for bur. agencies

Deficit Spending

- Deficit spending refers to a budget in which expenditures exceed revenues - As a result of deficit spending, the united States must borrow money to pay interest on the debt - The federal government is the only level of government able to spend more money than it receives. State budgets must be balanced by law

Earl Warren Court

- Earl Warren was governor of California when he was appointed by President Eisenhower as chief justice of the U.S. Supreme Court - Warren was attorney general of California during World War II, he was responsible for carrying out the collection of Japanese Americans in relocation camps. Eisenhower felt that his record as attorney general would make Warren a cons. on the Court. - Warren's Court was best known as an "activist court," creating new precedent and expanding the rights of the accused

House Leadership Structure: Speaker of the House

- Elected member of the majority party - Presides over the House when in session - Heads party leadership conference - Directs legislative agenda and has major input regarding committee chairmanships - Second in line, after the vice president, to be president if the president dies in office

Entitlements

- Entitlements refer to those programs that make up the major component of mandatory spending in the federal budget - Entitlements include Social Security, Medicare, Medicaid, defense, net interest, and other tested programs

Executive Order

- Executive orders are presidential statements that have the force of law and do not need congressional approval unless appropriations are needed to carry out the order - Executive orders often are used as an end around Congress to achieve a policy objective of the president - If Congress opposes a president's executive order, oversight hearings can be held or legislation can be drafted

Federalist Paper #78: The Judiciary Department (1788)

- Federalist #78 was written by Hamilton to explain and justify the structure of the judiciary under the proposed Constitution of the United States - Hamilton argued for an independent judiciary, justices appointed for life, and the judicial power to declare laws unconstitutional - Hamilton said that having life tenure would free justices from political pressures and enable them to act independently - Hamilton also saw the courts as the arbiter between the executive and legislative branches - He felt the judiciary would protect the liberty interests of the people and would be the weakest branch of government

Federalist Paper #70 (1788)

- Hamilton argued for a unitary presidency (only one president) provided for in the US Constitution to ensure accountability in government, enable the president to defend against legislative encroachments on presidential power, and ensure "energy" in the executive - Hamilton argued that a unitary executive structure will best permit purpose, direction, and flexibility in the executive branch - especially necessary during times of emergency and war - Hamilton also makes the argument that one president is best able to protect the people's liberty against factions

Inherent Power of the President

- Inherent power of the president that expands the power of the president - Derived from the delegated authority of the pres. as chief executive and commander in chief - Explained through pres. signing statements that are attached to legislation - Expanded by the use of executive privilege, executive orders, and precedent

Logrolling/Earmarks

- Logrolling refers to the process of a congressman/congresswoman trading his or her vote on a bill for a promise from another member of Congress to support the first member's bill. Most logrolling occurs with pork-barrel projects - Earmarks are amendments attached to appropriation bills proposed by individuals senators and representatives, and which are often called pork-barrel legislation

Mandatory Spending Versus Discretionary Spending

- Mandatory spending is defined as those aspects of the federal budget that must be enacted each year by law and are dependent on annual review by the appropriations committees of Congress. Mandatory programs include entitlement programs such as Social Security and Medicare and make up over 65% of fed. budget - Discretionary spending is defined as those areas of the budget that the Congress can change year to year and includes the 13 appropriation bills that fund the various agencies of the federal government. Discretionary spending is around 35% of the total budget - Mandatory spending has more than doubled from 1962-2018 as a result of the increase in entitlement spending, which includes Social Security, Medicare, and Medicaid

House Leadership Structure: The Majority Party Committee Chairs

- Must be a member of the majority party - Voted on by a majority of the committee (committees are made up of a majority of the majority party) - Usually selected by House majority leadership - Most of committee chairs have served on the committee before they became chairs - Most chairs have longest seniority on committee - There are term limits for House committee chairs to serve in that position

White House Chief of Staff National Security Advisor

- The White House chief of staff is the president's closest advisor - The position of chief of staff does not require Senate confirmation - The chief of staff coordinates the day-to-day schedule of the president and is often called the White House "gatekeeper" - Historically, President Nixon's chief of staff, H.R. Haldeman, is considered one of the strongest chiefs of staff ever to hold that office but also found guilty in the Watergate scandal - The national security advisor provides daily security briefings to the president along with other key security personnel

Congr. Budget and Impoundment Control Act of 1974

- The act created the Congressional Budget Office, a nonpartisan arm of Congress with the responsibility of reporting to Congress on budgetary matters - The act also created a budgetary timeline that outlined the process the federal budget must go through, culminating in the adoption of the 13 appropriation bills by the beginning of the new fiscal year, October 1 - Congress was also given the authority to take away the president's power to rescind funds, called impoundment, that have been budgeted by Congress. This act was passed in response to congressional concerns that President Richard Nixon abused his authority by impounding the funding of programs he disagreed with

Attorney General Secretary of Homeland Security

- The attorney general is the chief enforcer of all the federal laws and heads the Department of Justice. He is called the "nation's lawyer" and works closely with the solicitor general arguing cases before the Supreme Court - Agencies in the Department of Justice include the Civil Rights Division; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms, and Explosives; the FBI; and the U.S. Marshals Service - The secretary of homeland security is the head of the Department of Homeland Security and has the responsibility of protecting the United States from terrorist attacks - Homeland security agencies include Immigration and Naturalization, Customs and Border Control, the Federal Emergency Management Agency (FMEA), the Transportation Security Administration, and the U.S. Coast Guard

Presidential Appointment Process: Advise and Consent

- The president must seek Senate approval of appointments to the cabinet, heads of bureaucratic agencies, and federal judges - Once a president appoints the individual, the Senate holds hearings in the appropriate committee. If the committee approves the appointment, the candidate's name is sent to the full Senate, which must approve the candidate with a majority vote. This is called advise and consent - The committee hearings are often controversial, and the senators grill the nominees in front of a national audience - A recess appointment is made when the president makes a temporary appointment when Congress is not in session

Secretary of Agriculture & Secretary of the Interior

- The secretary of agriculture heads the U.S. Department of Agriculture and is responsible for matters related to agriculture, farming, food, and rural development - The Department of Agriculture also includes the U.S. Forest Service and the U.S. Food Safety and Inspection Service - The Department of Agriculture coordinates the Food Stamp Program and works closely with the nation's farmers - The secretary of the interior heads the U.S. Department of the Interior - The agencies under the secretary of the interior include the Bureau of Indian Affairs, the U.s. Geological Survey, and the National Park Service

Secretary of Commerce Secretary of Transportation

- The secretary of commerce heads the U.S. Department of Commerce and is responsible for matters related to promoting economic growth, trade, and the improvement of bus. and industry - The secretary of commerce, through department agencies, gathers economic and demographic data for business - The National Weather Service and the Bureau of the Census are part of the U.S. Department of Commerce as is the Patent and Trademark Office - The secretary of transportation heads the Transportation Department and is responsible for all matters related to transportation and the nation's infrastructure - Agencies in the Department of Transportation include the Federal Aviation Administration, the Federal Highway Administration, and the National Highway Traffic Safety Administration

Secretary of Labor Secretary of Energy

- The secretary of labor heads the Department of Labor and is responsible for issues related to labor unions and laws involving workplace issues - The agencies in the Department of Labor include the Bureau of Labor Affairs, the Employees Compensation Appeals Board, and the Occupational Safety & Health Adm. (OSHA) - The secretary of energy heads the Department of Energy and is responsible for matters related to energy resources including nuclear energy and energy conservation

Secretary of State Secretary of Defense Secretary of Veterans Affairs

- The secretary of state heads the State Department and is the president's diplomatic representative in foreign affairs, assisting the president in formulating foreign policy - The secretary of defense has the responsibility of overseeing the military and assisting the president in formulating military policy. The secretary of defense works in the Pentagon and supervises the joint chiefs of staff - The secretary of veterans affairs heads the Department of Veterans Affairs and is responsible for all matters related to veterans, incl. benefits

Secretary of the Treasury Secretary of Housing and Urban Development

- The secretary of the treasury heads the Treasury Department and is the principal economic advisor to the president - The treasury secretary is "responsible for formulating and recommending domestic and international financial, economic, and tax policy" and overall fiscal policies that have an impact on the economy - The treasury is chairman of the President's Economic Council and oversees the U.S. Mint - The Secretary of Housing and Urban Development is the head of the U.S. Development of Housing and Urban Development and is the president's chief advisor in matters related to housing and urban development

Bully People

- The term bully pulpit comes Teddy Roosevelt's description of the White House as a platform to promote his agenda - The president uses his bully pulpit as a means of communicating with the American people through media coverage of presidential events - Modern technology and social media have increased the outlets a president has a use the bully pulpit

Federal Budget Expenditures Pie Chart

22%: Medicare/Medicaid/SCHIP 20%: Everything Else 19%: Social Security 19%: Defense & Security 10%: Safety Not Programs 10%: Interest on the Debt

Federal Budget Income Pie Chart

47%: Individual Income Taxes 33%: Social Insurance/Retirement Receipts 12%: Corporation Income Tax 5%: Other 3%: Excise Taxes

Appellate Jurisdiction

A Supreme Court decision i a case that is appealed from a lower court can sustain the lower court, overturn the lower court, or return the case to the lower court. - Appellate jurisdiction is the power of the Supreme Court to hear cases that are on appeal from lower courts - These cases can proceed from state courts if the case deals with a state legal issue or from federal courts if the case deals with federal law or is appealed from a state court to a federal court - Most appellate jurisdiction is based on a party challenging a law - The petitioner in a case always represents the party that is appealing the case from the low court. For example, in Miranda v. Arizona, Miranda is the petitioner because he is appealing the decision that was decided against him at the lower court

President Veto

A president can use a veto threat if Congress intends to include a measure in a bill that the president does not support. If the bill is a priority of Congress, the threat of the veto may stop the amendment from being included. - There are two types of vetoes that the president can exercise-a veto on legislation that is then sent back to Congress and a pocket veto - A regular veto is used by the president when he does not like either an entire piece of legislation or part of a law that is passed. The pres. must veto the entire bill even if he does not approve of part of it - If a president uses a regular veto, Congress must override it by a 2/3 vote of each house. If Congress does not override the president's veto, then the vetoes sustained by Congress because either one or both houses did not have a 2/3 majority vote. The legislation is dead unless it is brought up in the future as a new bill - A pocket veto occurs if the president does not sign a bill within 10 days after Congress adjourns

Senatorial Courtesy

A senator can also place a "hold" on a presidential appointment if the senator wants to send the president a message or if the senator has questions that the appointee has not answered - The practice of senatorial courtesy dates back to George Washington when Washington nominated a person who needed Senate confirmation without consulting with the senators from the state the nominee came from - Senatorial courtesy, the practice of home-state senators being consulted by the president before nominating an individual, is used today mostly for judicial appointments - If one or both of the senators are opposed to the nominee, the nominee could face serious problems getting confirmed

Writ of Certiorari

A writ of certiorari is the written appeal made by a party for a case to be heard by the U.S. Supreme Court Criteria for accepting a writ of certiorari include: - A U.S. Supreme Court of Appeals has made a decision on the same issue that differs significantly from another U.S. Court of Appeals - A U.S. Supreme Court of Appeals has made a dec. that decides a fed. issue differently than the last state court of last resort that heard the case - A state court of last resort has made a decision on the same issue that differs fr/another state court of last resort or U.S. Supreme Court of Appeals - A U.S. Supreme Court of Appeals or a state court of last resort has made a decision that differs from a previous decision of the U.S. Supreme Court

Affordable Care Act of 2010 (2010-)

After a rocky start, the Affordable Care Act registered millions of people who previously did not have health coverage. After the election of 2016, President Donald Trump and the Republican Party made a pledge to "repeal and replace the law." Facing opposition, this effort failed, though many of the law's components were repealed by executive order. In 2010, President Obama signed into law his signature initiative - the Affordable Care Act. The law was passed by only Democratic votes and the Republicans who opposed it referred to it as "Obamacare." The law had the follow. key prov: - Putting inf. for consumers online - Prohibiting denying coverage based on preexisting conditions - Prohobit. insurance comp. from rescinding cov. - Eliminating lifetime limits on insurance coverage - Regulating annual limits on insurance coverage - Ppl w/Medicare can get key prev. services f/free - All Americans will have access to affordable health insurance options

Judicial Conference

After all the justices who agree with the draft of the majority opinion approve the draft, and the minority drafts its dissenting opinion, the opinion is announced before the session ends in June - After oral arguments are completed, the nine Supreme Court justices meet in what is called a "conference" meeting where the chief justice presides over the meeting - The chief justice reviews the case and asks for each justice, beginning with the most senior justice, to give his or her opinion about the case - Once a tentative decision is reached, the chief justice assigns one of the justices representing the majority, which is five+ justices, to draft an opinion that will be circulated among all the justices

Bureaucratic Initiated Policy Process

Although they have independent natures, bureaucracies are linked to the president by appointment and direction and to Congress through oversight. Agency operations are highly publicized through the media when they have an impact on the public. Interest groups and public opinion try to influence the actions of agencies. - Congress gives bureaucratic agencies administrative discretion to make public policy through regulations and applying their quasi-legislative, quasi-judicial authority - These regulations are printed and distributed before they take effect so that interested parties can give input - An example of this process is when the Food and Drug Administration reviews new drugs or makes regulations dealing with drugs

Amicus Curiae Brief

Amicus briefs submitted by groups supporting Brown in the case Brown v. Board of Education and pro-/anti-abortion groups in the case Roe v. Wade - Amicus curiae is Latin for "friend of the court." An amicus brief or Amicus Curiae Brief is "friend of the court" brief submitted to the Court by a special interest group, the government, or a party that wants the Court to hear its positions about the case ill be decided by the Court - Amicus briefs usually are written to give the justices information about other cases that may be relevant to the case they will be hearing - Amicus briefs contain policy statements that apply to the case that is being heard

Stare Decisis

An example of a case precedent that was overturned is when Plessy v. Ferguson (1896) was overturned by Brown v. Board of Education in 1954 - Stare Decisis, when translated into Latin, means "to stand by that which is decided" - Principle of a case precedent der. fr/stare decisis - Case precedents guide Supreme Court justices when they make a ruling on a case before them - If a precedent case is reversed by the Court, then the precedent is overturned, and the new case becomes precedent

Federal and State Court Structure

Any cases appealed from the state courts of last resort can be reviewed for a possible hearing by the U.S. Supreme Court. - There are 94 U.S. District Federal Court, hearing over 300,000 cases - Cases appealed from the U.S. District Court go to one of 13 U.S. Courts of Appeals located by geographic region - Cases appealed from the U.S. Courts of Appeals are reviewed for a possible hearing by the U.S. Supreme Court

Senate Leadership Structure: President Pro Tempore

As a result of the Presidential Succession Act of 1947, the president pro tempore is third in line to become president if there is a vacancy, following the vice president and speaker of the House - Latin for "temporary presiding officer" - According the the Constitution, the official presiding officer of the Senate is the vice president of the United States - When the vice president is not presiding, the president pro tempore becomes the presiding officer - The president pro tempore is elected by a majority of the Senate - Traditionally the president pro tempore has the most seniority in the Senate in the majority party

Gulf of Tonkin Resolution (1964)

As a result of the failure of Congress to get the truth about the alleged attack on American vessels that led to the escalation of the Vietnam War, Congress passed the War Powers Act - The Gulf of Tonkin Resolution was passed by Congress in 1964 in response to an alleged incident in the Gulf of Tonkin when U.S. naval forces reportedly came under attack by North Vietnam - President Johnson asked Congress to pass the resolution to give him authority to take whatever action was necessary to defend American troops fighting in Vietnam. As a result of the resolution, Johnson used it to give him the legal right to escalate the war in Vietnam without a formal declaration of war by Congress - Congressional oversight later revealed that the alleged incident really took place in North Vietnam waters, and Congress repealed the resolution in 1971. However, President Nixon claimed that he had the right to continue the Vietnam War without a formal declaration of war as a result of his power as commander in chief and authority as president

Marbury v. Madison (1803)

As a result of this case, the Supreme Court assumed the power of judicial review that gave the courts the power to rule laws unconstitutional - Essential Facts: William Marbury was appointed as a justice by retiring president John Adams as part of his "midnight appointments"; Marbury never received the appointment because Adams's successor, James Madison, did not sign the appointment papers - Issue: Did the Supreme Court have the power to enforce a writ of mandamus (an order that would direct Madison to make the appointment of Marbury)? Was the Judiciary Act of 1789 correct in sending the case directly to the Supreme Court for review using original jurisdiction? - Decision: Chief Justice John Marshall wrote that even though Marbury should have been appointed, the Supreme Court did not have the power to make that decision because the Judiciary Act of 1789 was deemed unconstitutional

Political Patronage Merit System

Because of abuses in making political appointees based on patronage, there have been reforms made by Congress - Patronage is a practice by which a political party, after winning an election, gives government jobs to its supporters, friends, and relatives as a reward for working toward victory - Political patronage is known as the spoils system, first used after the election of 18128, when saying "to the victor belongs the spoils" was coined - The merit system is the system by which offices are awarded on the basis of some measure of merit, independent of political activity

Standing Committees

Besides marking up bills, standing committees also conduct oversight, and Senate standing committees also approve presidential appointments and send the full Senate treaties the committees have voted to ratify. - Standing committees are perm. committees in the House & Senate that specialize in areas of leg. - Representation on the committees is proportional based on the part makeup of the Senate and the House - There are 15-20 senators on each standing committee and around 40 representatives serving on House committees - Each standing committee has related subcommittees. Subcommittees work on specific policy related to the standing committees

Powers Denied to Congress (How a Bill Becomes Law 1)

Bill introduced in House, Bill assigned to committee, Amendments offered, Bill goes to Rules Committee, Bill brought to floor for debate, Amendments offered, Bill voted on Bill introduced in Senate, Bill assigned to committee, Amendments offered, Bill assigned for debate, Bill brought to floor for debate, Amendments offered, Bill voted on

Committee System

Bills are "marked up," read, & amended in committee before they are either sent to the floor of each House of Congress for debate & vote or "killed" in committee & Congress never votes. - Legislative work starts in congressional committees and subcommittees - Committee assignments are based on expertise and seniority. Congressmen and women are assigned to one standing (permanent) committee and multiple subcommittees - There are 22 House standing committees and 20 Senate standing committees. There are also joint committees of Congress, select committees, and conference committees - Committees hold hearings on legislation as well as oversight hearings dealing with existing laws, bureaucratic agencies, and the executive branch

Clean Air Act Clean Water Act

Both laws are unfolded mandates; they authorize the Environmental Protection Agency to draw up regulations to establish standards and enforce the regulations by brining violators to court - The Clean Air Act was first passed in 1970. It is a comprehensive law that regulates air emissions from area, stationary, and mobile sources - The act was amended in 1977 and 1990 to set new goals and address new problems such as acid rain - The Clean Water Act, passed in 1972, gives the Environmental Protection Agency (EPA) the authority to regulate and enforce water quality and reduce direct pollutant discharges into waterways

Bureaucratic Agenda Setting

Bureaucracies compete with other policy - making bodies to advance their agendas - Public policy is the enactment of laws, executive orders, judicial decisions, or other measures that are influenced by linkage groups - Agenda setting is the process that takes place for the formulation and implem. of public policy - Agenda setting includes the recognition of problems resulting in the development of an agenda, the formation of policy alternatives, the enactment of the policy, the evaluation of the policy, and the review of the policy with consideration for any revisions

Bureaucratic Tasks

Bureaucratic tasks are performed by appointees made by political patronage and through the civil service system based on merit - Federal government bureaucracies such as independent regulatory agencies write and enforce regulations - Bureaucracies such as independent regulatory agencies issue fines - When Congress exercises its oversight function, representatives from bureaucracies testify before it

John Marshall Court

By deciding landmark cases that established long-lasting precedents, Marshall transformed the Court through its decisions and made the Supreme Court a coequal branch of government. - John Marshall = the longest-serving chief justice - Marbury v. Madison (1803) est. jud. review - McCulloch v. Maryland (1819) sup. fed. supremacy - Gibbons v. Odgen (1824) defined the extent to which Congress had the right to regulate interstate commerce

Const. Basis of the Congr. Budgetary Authority (1)

Carrying out the power of the purse is one of Congress's most important responsibilities. There are 13 appropriation bills that Congress must pass to fund the federal government. - Article I, Section 8 gives Congress the power to "lay and collect taxes, to pay the debts, and provide for the common defense and general welfare of the United States" - Article I gives the House of Representatives the power to initiate appropriation bills - Article I gives Congress the authority to impose excise taxes - Congress is given the authority to "borrow money on the credit of the United States" in Article I

Congressional Caucus

Caucuses have regularly scheduled meetings to develop strategies that result in applying political pressure to further their legislative agendas. - Formed by members from both houses of Congress who have the same interests for the purpose of developing and proposing legislation - Other caucuses are formed based on race, ethnicity, and political philosophy. Examples are the Congressional Black Caucus, the Congressional Hispanic Caucus, and the "Blue Dog" coalition

Nat. Fed. of Ind. Bus. et al. v. Sibelius (2010)

Chief Justice John Roberts was the deciding vote and wrote that the mandate was a form of a tax and that Congress had the power to implement the law by imposing a penalty to those who do not buy health insurance. - Essential Fact: In March 2010, President Barack Obama signed into law the Affordable Health Care Act, which required those who did not have health care to purchase it. This was called the individual mandate. Known as "Obamacare" - Issue: Soon after the law was signed over 20 state attorneys general brought the law to the courts challenging the constitution. of the ind. mandate - Decision: The Supreme Court in a 5-4 decision ruled that the ind. mandate was constitutional

Conference Committee

Conferees usually attempt to come up with a compromise version of the bill. After the bill is agreed to, it is reported back to both houses for final passage. - Conference committees are temporary committees set up by the House and Senate to deal with a specific issue that is not covered by a standing committee - An example of a select committee was the Senate select committee that investigated the Watergate scandal - Conference com. are joint com. that are formed to reconcile bills passed by the House and Senate - Members of conference committees are assigned by the chairs of the standing committees where the legislation originated

Legislative Powers

Congress can be viewed as the citizen's direct link to the branch of government that is responsible for public policy. It has a number of functions including, but not limited to, representing the interests of constituents, lawmaking through consensus building, oversight of other governmental agencies, policy clarification, and ratification of public policies Collect taxes, pay debts, borrow money, coin money, make laws dealing with counterfeiting - Regulate interstate and foreign commerce - Establish the army, create national the guard, declare war, and punish privacy - Establish a post office; make copyright laws - Make laws dealing w/immigration/naturalization - All laws are "necessary and proper:" Elastic Cause

Federal Gov. Sources f/Borrowing Money

Congress has the authority to place limits on the amount and extent of the borrowing and established a "debt ceiling," an upper limit set on the amount of money the government may borrow If the federal government needs to borrow to pay for interest on the national debt, it can borrow money from the following sources - Foreign investors and foreign governments - Federal Reserve banks & commercial banks - State & local gov. through the purchase of bonds - Other sources, like trust funds & pension funds

Key Budget Players

Congress has the ultimate authority to pass the budget. Quite often its view of the budget process is that "the pres. prop. & the Congress disposes." - The president submits a budget proposal that was prepares by the Officer of Management and Budget of Congress. If the president is from one party and a congressional majority from the other party, the president's budget may be considered "dead on arrival" - Executive staff and bureaucratic agencies submit their budget requests to the Office of Management & Budget, & the president finalizes the budget proposal before sending it to Congress - Special interest groups weigh in with program requests to the bureaucratic agencies, the president, & Congress; the Veterans of Foreign Wars would lobby the Veterans Department - The media reports the budget proposal, and the public reacts to it

Judicial Restraint

Conservative activist rulings are made because the justices feel Congress has overstepped its lawmaking authority. Other conservative activist rulings reserve previous Supreme Court rulings and give more power to the states. - A Supreme Court that reflects judicial restraint is described as conservative because its decision as conservative because its decision are based on a strict interpretation of the Constitution - A Court that follows a philosophy of judicial restraint accepts fewer than 100 cases in a term, upholds precedent, and uses existing law as a guide to making rulings - Justices who advocate judicial restraint believe the original intent of the Constitution should be reflected in their decisions - Some justices who are described as following a philosophy of judicial restraint are also called "conservative activists" because their rulings overturn laws

Signing Statements

Critics claim that the effect of the statement is to change the interest of the law. Supporters of presidential signing statements claim that these statement are justified because the president has the constitutional authority to carry out leg. - Signing statements are sometimes made by the president at the time the pres. signs a bill into law - These statements give explanatory views about the legislation - For example, Pres. George W. Bush added a signing statement to a bill passed by Congress that outlawed torture, stating that the president has the power to define torture

Social Security Cash Flow

Decreasing Surplus: 2007-2017 Decreasing Deficit: 2019-2035 Increasing Surplus: 2037-2077

Budget Enforcement Act of 1990

Even with this law, the federal budget has continued to run large deficits. There has been an attempt by representatives to force Congress to balance the federal budget by passing a Balanced Budget Amendment to the Constitution. These efforts have failed. - The goal of the law was to revise the budget control process of the federal government through the enforcement of deficit reduction - The law set a cap, or a limit, on annual appropriations and a pay-as-you-go, "Paygo," process for spending and taxes - If a bill provided for an increase in spending, it would have to be offset by revenues either through taxes or cuts in other programs - The law was extended in 2007 and 2010

Executive Office of the President

Executive Office personnel do not need Senate confirmation - The Executive Office of the president consists of key White House staff members who are the president's closest advisors - The Executive Office has the following components: - Office of the Vice President - Office of Management & Budget - Office of Administration - U.S. Trade Representative

Cloture Motion

Filibusters and cloture votes have become the rule rather than the exception for most legislation. It took 57 days to invoke cloture during the debate on the Civil Rights Act of 1964. - A cloture is called for by the Senate majority leader to stop a filibuster - 3/4 of the Senate, or 60 votes, is necessary to achieve cloture - If cloture occurs, the Senate then moves to vote on pending legislation that only needs a majority vote of the Senate to pass - If cloture fails, the filibuster continues. After a number of attempts to invoke cloture fail, the bill that was being debated cannot voted on and the bill fails

Trustee, Delegate, and Politico Repres. Role Models

How a representative is held accountable by their constituents is determined by the model the representative follows. - Under the attitudinal view, the trustee model voters elect their repres. as their own trustees, giving them autonomy to act for the good of the constituents and enabling them to act of out of conscience even if maj. of voters might disagree - Under the representational view, voters elect their representative as their own delegates representing them for the primary purpose of acting exclusively as their voice in Congress - Representatives are the most political under the politco model, utilizing both the trustee model and delegate model to make decisions

Const. Basis of the Congr. Budgetary Authority (2)

If a budget cannot be agreed upon by the end of the fiscal year, Congress must pass a temporary extension, termed a continuing resolution. If a continuing resolution is not passed, then the nonessential services of the federal government would shut down until one is passed. - The federal budget defines the spending authority of the U.S. government in the fiscal year running from Oct. 1-Sept. 30 of the following year - The budget specifically includes the budget outlays, or expenditures, and the budget receipts, or how much money will be collected in taxes & other revenues - Congress must pass 13 annual appropriation bills that make up the federal budget and must establish how much money will be collected - If the federal government spends more than it takes in, then the budget has a deficit. If the government takes in more income than it spends, it has a surplus. President Clinton's administration was the last to have a budget surplus.

The Senate Rules: Hols and Unanimous Consent

If a hold is not released, a nomination or bill may not proceed, and the majority leader would have to convince the senator to stop the hold. If a unanimous consent agreement is not agreed to, Senate business will be disrupted - A senator who wants to slow down a nomination process can tell the majority leader that he or she is placing a hold on that nominee until certain questions get answered - A hold also allows one+ senators to prevent a motion from reaching a vote on the Senate floor - The unanimous consent agreement also can be used to extend the time of a Senate debate

Twenty-fifth Amendment (1967)

If a president is disabled and the vice president and a majority of the cabinet inform the Congress that the president cannot carry out the presidential duties, the vice president assumes the office until the president informs Congress that he or she is ready to resume the office - Called the "presidential disability" amendment - Establishes that the vice president will succeed the president if the president is removed from office, dies in office, or resigns - If there is a vacancy for vice president, the president will nominee a replacement to fill the office of vice president, and a maj. of both houses of Congress must vote to confirm the selection - If a president informs the Senate and House that he or she cannot continue to be president, the vice president becomes president until the president writes to both houses of Congress that he or she is ready to resume the duties - The amendment has been invoked when a president undergoes surgery and is unconscious

Powers Denied to Congress (How Bill Becomes Law 2)

If it fails, no other action until it is introduced again; if it passes and is the same as bill in Senate/House of Representatives, it goes to the president Different versions passed go to a Senate/House of Representatives conference committee, where differences are ironed out Bill goes back to full House/Senate for vote Bill passes and goes to president

Judicial Decisions: Majority, Minority, Dissenting, Concurring

If the Court has a vacancy and there is a 4-4 decision, there is no majority or minority decision. The decision from the lower court prevails. - A majority decision of the Court represents the opinion of five or more of the justices. It takes a majority decision to decide a case that comes before the Supreme Court - A minority decision of the Court represents the opinion of fewer than five of the justices. This is also called a dissenting decision of the Court and it is written by one of the justices repr. the minority - A concurring decision of the Court represents a decision that is written by one+ justices in the majority who want to express a separate opinion from the justice who writes the majority decision

Senate Leadership Structure: The Minority Party Leader

If the minority party becomes the majority party, the Senate minority leader usually will run for the position of Senate majority leader. - Member of the minority party - Carries out minority party's leadership conference's legislative agenda - Liaison with majority leader in the Senate - As leader of the minority party in the Senate, the minority leader often coordinates Senate filibusters led by members of the minority

The Debt Ceiling

In 2011, the Republican majority in the house threatened not to raise the debt ceiling unless President Obama agreed to spending cuts. A compromise was reached that set a 2013 deadline for major cuts to take place, and the debt ceiling was raised. However, as a result of the political bickering, the credit of the US was downgraded. - The U.S. debt ceiling, or debt limit, is a legislative limit on the amount of national debt that can be issued by the U.S. Treasury, thus limiting how much money the federal government may borrow - The debt ceiling is the point at which the federal government will run out of money to pay the interest to the creditors of the United States. The debt of the United States is guaranteed by the Full Faith and Credit Clause in the Constitution - The president asks asks Congress for an extension of the debt ceiling by authorizing the U.S. Treasury to raise it, thus enabling the interest due to be paid. Congress usually increases the debt ceiling without extensive debate

Key Nuclear Test Ban & Arms Treaties

In 2015, the United States, the United Kingdom, Russia, France, China, Germany, and the European Union negotiated a nuclear arms agreement with Iran that provided inspections and safeguards that would prevent Iran from becoming a nuclear power. In return, economic sanctions against Iran were lifted. The agreement was never ratified by Congress but put into effect. After President Trump was elected, he indicated that he wanted the agreement strengthened or he would cancel it. - Nuclear Test Ban Treaty of 1963: banned atmospheric testing - Nuclear Nonproliferation Treaty of 1968: stopped and monitored the spread of nuclear weapons to countries that did not have the bomb - Intermediate Range Nuclear Forces Treaty of 1987: provided for the dismantling of all Soviet and American medium- and short-range missiles and established a site inspection procedure - Strategic Arms Reductions Treaty of 1991 (SALT I, SLAT II): provided for major reductions in U.S. & Russian nuclear arsenals

Bureau of the Census

In 2018, the bureau of the Census was directed to include a controversial question asking people who filled out of the 2020 census to indicate whether they are citizens of the United States - The Census Bureau is a part of the Department of Commerce and has the primary responsibility of organizing and reporting the census every ten years as required by the U.S. Constitution - As a result of the census, state legislatures must reapportion their congressional seats based on population shifts - The Census Bureau also reports demographic information regarding the population, including socioeconomic data, housing projections, poverty statistics, and pol. statistics such as voter turnout

White House Staff

In most cases, staff members are protected by presidential executive privilege in their discussions with the president - The White House staff is made up of the personnel who run the White House and advise the president - Staff members do not need Senate confirmation - Staff members include the chief of staff, the Communications Office including the press secretary, councils of the president, personal aides, and ancillary people such as the White house cook and personal secretaries to the president and First Lady - Most staff members either worked for the president during the election campaign or were associated with the president prior to the president's election

Constituent Services

In providing constituent services a congressman or congresswoman and their staff members solicit information on pending issues from the residents living in the district. Representatives take on different roles in the manner in which they respond to their constituents. - Congressmen and congresswoman provide services on constituents-voters who reside in the district or state that elected the representative or senator. This is also called a representative's casework - Typical constituent services include providing help with federal bureaucracies such as the Social Security Administration and the Veterans Administration - Other services that representatives and senators provide include assistance with federal grants, helping students attend the U.S. military academics by making service academy nominations, arguing for tours of the Capitol, and presenting flags flown over the Capitol to constituents

Key Independent Regulatory Agencies (1)

Independent regulatory agencies are quasi-legislative because they act in a manner that is legislative when issuing regulations, and they are quasi-judicial because they act in a manner that is judicial when enforcing penalties for violations of their regulations - Regulatory agencies are also known as independent regulatory agencies - They are also ref. to as "the alphabet agencies" - The heads of ind. reg. agencies are appointed by the pres. and require Senate confirmation

Impeachment of Bill Clinton (1988)

Instead of gaining seats in the 1998 midterm election, the republicans lost six seats in the House. The loss led to the resignation of the Speaker of the House. - A special prosector, Kenneth Starr, was appointed by the U.S. attorney general to investigate President Clinton's role in the Whitewater land acquisition and other alleged White House abuses - After President Clinton was accused of a sexual affair with a White House intern and was forced to testify before a grand jury investigating accusations made by Paula Jones about sexual misconduct by Clinton while governor of Arkansas, Starr also began investigating charges of perjury and obstruction of justice by Clinton - The House of Representatives voted two articles of impeachment accusing the president of perjury and obstruction of justice - Senate rej. these charges and acquitted the pres.

Constitutional Checks on the Supreme Court

It is very difficult for the Congress or the President to limit the decisions of the Supreme Court. Congress must pass a constitutional amendment to reverse a decision. A president can try to defy a Court ruling like Andrew Jackson did, ordering the ban. of Native Americans in the Trail of Tears case - Congress passing a law that changes the impact of a Supreme Court decision - The passage of a constitutional amendment - President Judicial appointments & confirmations

Joint Committees

Joint congressional committees often work to resolve issues that separate committees in the House and Senate cannot agree on. - Joint committees consist of members of both the House and the Senate - Currently there are four permanent joint committees: the Joint Committee on Printing, the Joint Economic Committee, the Joint Committee on the Library, and the Joint Committee on Taxation - Joint committees conduct oversight in specific areas; for example, the Joint Committee on Taxation reviews tax policies - These committees generally do not develop legislative proposals

Oral Arguments

Justices asking questions sometimes signal the position they may be taking on the case itself. Some questions posed by the justices can take the form of playing devil's advocate. Other questions can challenge or support the positions taken by the attorneys - After a writ of certiorari is accepted for review, lawyers f/petitioner & respondent are given a date when oral arguments will be heard by the Court - Attorneys are given 30 minutes for each side to present its case to 9 justices sitting on the Court - Any justice can ask a question or interrupt an attorney at any time during the oral arguments

Original Intent

Justices who believe in original intent feel that only those guarantees intended by the framers and set forth in the text of the Constitution are valid. - Original intent, also called originalism, is used by justices in making decisions based on what the authors of the Federalist Papers and the Constitution meant - For example, it was the original intent of the 14th Amendment to free slaves - Cons. just. rely on orig. intent in deciding cases

Twenty-second Amendment (1951)

Lyndon Johnson could have run for a second term because he became president with less than two year remaining in Kennedy's term but instead decided he did not want to run - Adopted in response to the four terms served by Franklin Roosevelt and the fact that Roosevelt died early in his last term - The amendment limits the number of terms a pres. can serve to too - If a vice president becomes president as a result of the president's death and has not served for more than two years of the term of the person he or she replaced, the vice president can run for president for two terms

Family and Medical Leave Act (1993)

Many Republicans opposed this legislation on the grounds that it would hurt small businesses. Critics of the act have suggested that by mandating various forms of leave that are used more often by female than male employees, the act makes women more expensive to employ than men. - The Family and Medical Leave Act of 1993 was signed into law by President Clinton. It enables employees to take unpaid leave for the purpose of taking care of a sick family member or it the employee can't perform job duties due to an injury - The provisions of the law include 12 weeks of unpaid leave for reasons that include child care, health-related issues, and the guarantee that the individual who takes leave will be able to return to the job after the leave period is over - This law was one of the first major policy initiatives` supported by President Clinton that was passed by Congress

Medicare and Medicaid (1985)

Medicaid was expanded in 2010 as part of the Affordable Care Act giving more people access to health care. This expansion was opposed by many Rep. gov. who refused to accept it for their states. - Medicare is a health insurance entitlement program for people age 65 and older that was signed into law in 1965 by President Johnson - The Medicare program provides both hospital insurance and medical insurance. In 2006 the Prescription Drug Plan was added to Medicare - Medicare has been projected to become insolvent by 2024 as a result of the increased numbers of people reaching age 65 - Medicaid is a health insurance entitlement program for people with low incomes and is a program that the states also fund. Created in 1965 - People who are eligible for Medicaid include low-income parents, children, senior citizens, and people with disabilities

Key Senate Committees: Appropriations Committee and Budget Committee

Members of these committees have leadership roles within the majority party & greatly influence what goes into a budget resolution or tax leg. - The Senate Appropriations Committee considers all revenue bills, including the 13 budget bills that fund the federal government - Attached to these revenue bills are many "earmarks" that are commonly referred to as "pork-barrel legislation" - The Senate Budget Committee considers all legislation that deals with the federal budget and must approve a budget resolution that gives Congress direction regarding the amount of money that will be spent by the federal government

Key House Committees: Appropriates Committee and Ways and Means Committee

Members of these committees have leadership roles without the majority party & influence what goes into a budget resolution or tax legislation - The Constitution mandates that all appropriation bills must start in the House of Representatives - The House Appropriations Committee must approve all revenue legislation, including the 13 revenue bills that fund the federal government - Attached to these revenue bills are many "earmarks" com. ref. to as "pork-barrel legislation" - The House Ways and Means Committee deals with tax legislation and trade agreements as well as Social Security

Civil Service Reform: Pendleton Act (1883)

More than 90% of government workers today are civil service appointees - The Pendleton Act, also known as the Civil Service Act of 1883, was passed in response to the assassination of President John Garfield by a disgruntled office seeker - The act set up merit as the criterion for hiring, promoting, and firing federal employees - The act set up two kinds of federal employment and gave the president the power to determine how to organize the federal bureaucracy - The act established an independent Civil Service Commission that administered tests. It also enforced the regulation that civil service employees could not take part in partisan politics while working

Climate Change Policy

One of the first actions President Trump took was to announce his intention to unilaterally from the Paris Treaty, saying it was unfair to the US. - Global warming, also called climate change, has emerged as a public policy debate in the United States and other countries - The Kyoto Protocol, agreed to in 1997, addresses the issue of global warming by urging countries to limit greenhouse-gas emissions. President George W. Bush refused to sign it - Global warming issues were brought to the wider public in the documentary film, An Inconvenient Truth, which features former Vice President Al Gore. He received the Nobel Peace Prize for his work with the UN on global warming issues - The Paris Treaty of 2015, by which 195 countries adopted the first-ever universal, legally binding global climate agreement

Constitutional Basis of Congressional Foreign Policy

One of the most important powers Article I gives Congress is the authority to declare war - Article I gives Congress authority to raise & support armed forces; gives the Senate the ability to approve presidential appointments & treaties - Through the budgetary process, Congress must fund the cost of any wars and controls the budgets of the agencies related to defense, national security, and foreign policy - Congress passed the War Powers Resolution in 1973, which limited the president's authority to deploy troops without congressional oversight - Congress has clashed to send troops to foreign policy issues such as giving the president the authority to send troops to foreign countries and over treaties the president as made, as well as pres. appointments dealing with foreign policy

Impeachment of the President

One two presidents have been impeached - Andrew Johnson and Bill Clinton. Neither president was removed from office by the Senate. The House Judiciary Committee voted to impeach Richard Nixon, but he resigned before he was impeached. - President impeachment can result in removal from office after charges of "high crimes and misdemeanors" are brought up by the House of Representatives and a trial in the Senate convicts the president of these charges - The first step in the impeachment process in the House Judiciary Committee voting to bring articles of impeachment against the pres. to the full House - The House of Representatives votes on the articles of impeachment and if a majority of the members of Congress vote yes, the Senate then convenes and conducts a trial - The chief justice of the U.S. Supreme Court presides over the trial; in order to convict the president, a 2/3 maj. of the senators must vote yes

Original Jurisdiction

Original jurisdiction was used in the case of Marbury v. Madison, and the Court ruled that the Judiciary Act of 1789 that enabled the case to go directly to the Supreme Court was unconstitutional. - The Supreme Court is the court of last resort & as such accepts cases either on appeal or directly - Cases that go directly to the Supreme Court are called "original jurisdiction" - The Constitution in Article III defines original jurisdiction as those cases affecting ambassadors, cases that involve one state against another state, & cases that involve other public min. and&consuls - Original jurisdiction cases represent a very small % of cases accepted by the Supreme Court - An example of a case of original jurisdiction was when New Jersey challenged New York regarding the geographical boundary of Ellis Island

Limitations on Bureaucratic Policy Making

Political pressure brought on by special-interest groups and the private sector can result in a modification of bureaucratic policy - The legislative authority of Congress can limit bureaucratic policy making through legislative intent,, congressional oversight, and restrictions on appropriations to agencies - The Administrative Procedures Act of 1946 directs agencies to publish their regulations before they are implemented - There is a built-in review process for appeal of agency decisions - The Office of Management and Budget and the General Accounting Office provide oversight of federal funds

Judicial Powers

Powers expanded as a result of the application of judicial review in case Marbury v. Madison (1803) - Found in Article III of Constitution - The Constitution vests all judicial power in a Sup. Court and "inferior" courts est. by Congress - Gives the courts power to hear cases that deal with laws and provisions of the U.S. Constitution and treaties made through original jurisdiction and appellate jurisdiction

Executive Privilege

President Trump has invoked executive privilege in the investigation led by the special prosecutor into charges of obstruction of justice and collusion by the Trump campaign with Russia in the 2016 election campaign - Executive privilege is a power assumed by the president to protect the privacy interests of the executive branch - It was first invoked by George Washington and used protect private conversations - Richard Nixon attempted to use executive privilege to protect conversations with aides relating to the Watergate scandal and to protect tapes that revealed discussions about Watergate. The Supreme Court, in United States v. Nixon, ruled unanimously that the tapes were not protected by executive privilege - President Clinton attempted to use executive privilege to protect himself from appearing before a grand jury and allowing aides to testify about the Monica Lewinsky affair. Clinton ultimately compromised, and the claim of executive privilege was dropped

State of the Union Address

Presidents have used the State of the Union Address as a means of publicizing the success of their agenda and as a means of motivating Congress to pass new policy initiatives - Article II, Section 3 of the Constitution requires that the president give information to the nation regarding the "State of the Union" - Presidents from Washington to Taft gave a written report to Congress Starting with Woodrow Wilson, the State of the Union speech was given before a joint session of Congress. Beginning with Calvin Coolidge, the speech was broadcast live to the American people - Modern presidents use the State of the Union speech as a way to outline their policy agenda and motivate the Congress to adopt pres. proposals - The opposition party gives a response to the president's State of the Union immediately following the speech

Social Security Reform

Retirees and others who receive Social Security benefits have become an important bloc of voters in the Unites States. Social Security has been called "the third rail of American politics" - meaning that any politician sparking fears about cuts in benefits by touching the program endangers his or her political career. - In 1983 President Reagan appointed the National Commission on Social Security Reform to deal with the solvency of the Social Security system - The commission's recommendations were adopted by Congress, including an increase in Social Security benefits, federal employees contributing and being able to get Social Security, and making a portion of Social Security benefits subject to federal taxes - Because the system is projected to become insolvent by 2027, President George W. Bush proposed the creation of personal retirement accounts that would enable individuals to increase their retirement benefits by allowing the investment of a portion of these accounts in the stock market. Opponents of the plan called in the privatization of Social Security

Senate Leadership Structure: The Majority Party Committee Chairs

Senate committee chairs run committee meetings made up of members of the majority and minority parties. The wield power in guiding legislation or pres. appointments through their committees. - Must be a member of the majority party - Voted on by a majority of the committee (the majority of these committees are members of the majority party) - Usually selected by the Senate maj. leadership - Most of the committee chairs have served on the committee before they became chairs - Most chairs have longest sen. on the committee

Fiscal Cliff and Sequestration

Sequestration was put in place in 2013 after Congress and the president could not agree on an alternative budget resolution. Many of the cuts were restored in the 2018 budget agreement. - The fiscal cliff was a date (Jan 1, 2013) by which, if no action were taken by Congress, the nation's economy would be impacted in the follow. ways: - This so-called Bush tax cuts would expire, and income tax rates would be raised for every taxpayers - Unemployment insurance would run out for millions of people who were out of jobs - There would be mandated cuts in discretionary spending and defense spending defined by law - Congress passed legislation avoiding the fiscal cliff by raising tax rates only on those people earning $450,000+, extending unemployment benefits, and delaying the mandated cuts - Sequestration was the mandated cuts in discretionary and defense spending passed by Congress after President Obama and the House Republican agreed to raise the debt ceiling in 2011

House Rules Committee

Since the majority party controls the Rules Committee, the rules that are established usually favor the legislative agenda of the majority party. - The Senate and House both have Rules Committees, but the House Rules Committee takes on a much more powerful role - The House Rules Committee acts as a "gatekeeper" for all legislation that is scheduled to teach the floor of the House for debate and a vote - The House Rules Committee comes up with "rules" governing the time that each side of the bill has for debate - The House Rules Committee also determines whether any amendments can be introduced

Sixteenth Amendment

Since the ratification of the Sixteenth Amendment, a progressive income tax has been the primary means by which the fed. gov. has raised money - The Sixteenth Amendment of the U.S. Constitution was necessary to enable the fed. gov. to impose an income tax that could be progressive in nature; those earning the most money pay the most taxes - Prior to the amendment, attempts to impose an income tax that was progressive were declared unconstitutional by the Supreme Court - There have been unsuccessful attempts to replace the progressive income tax with other measures such as a "flax tax" or a "value added tax"

Sandra Day O'Connor (1981)

Some notable cases for which Sandra Day O'Connor was the deciding vote include Planned Parenthood v. Casey (1992), United States v. Lopez (1995), Grutter v. Bollinger (2003), and Boy Scouts of America v. Dale (2000) - In 1981 Sandra Day O'Connor was appointed by President Reagan as the first woman associate justice of the U.S. Supreme Court - O'Connor was active in Republican politics in Arizona and served as the first woman majority leader in the Arizona State Senate - Regan hoped that O'Connor would be part of a new conservative majority on the Supreme Court - Though O'Connor often voted with the Court's maj, she was the "swing vote" in many 5-4 decisions

William Rehnquist Court

Some notable decisions made by the Rehnquist Court include Planned Parenthood v. Casey (1992), United States v. Lopez (1995), Printz v. United States (1997), and Bush v. Gore (2000) - In 1972 William Rehnquist was appointed by Richard Nixon to the Supreme Curt as an associate justice after working in the Nixon Justice Dep. - An associate justice, Rehnquist was a lone dissenter and developed a reputation as a consecutive jurist - President Regan nominated Rehnquist to be U.S. Supreme Court chief justice in 1986, hoping Rehnquist would be able to reverse many of the activist decisions of the Warren Court - The Rehnquist Court became known as one reflecting judicial restraint but the Court also struck down numerous congressional acts that it believed infringed on states' rights. The Court also limited the rights the rights of the accused as well as the rights of students attending public schools

Key Independent Executive Agencies

The Central Intelligence Agency is prohibited by law from conducting surveillance or taking any action in the Unites States. The agency must coordinate its act. w/other intelligence agencies. - The Central Intelligence Agency (CIA) coordinates the foreign intelligence activities of the U.S. government and works closely with the National Security Council and w/other int. agencies - The General Services Administration (GSA) handles government purchasing - The National Aeronautics and Space Administration (NASA) coordinates the country's efforts in space exploration

United States v. Nixon (1974)

The Court also ruled that executive privilege claims generally apply only to national security issues, not a generalized need for privacy. Nixon released the tapes, and a "smocking gun" tape revealed a coverup. Shortly thereafter, Nixon resigned from the presidency. - Essential Facts: After a grand jury learned that tapes of conversation relating to the Watergate break-in existed between President Nixon and his closest aides, the independent counsel ordered that the tapes be turned over. Nixon refused, claiming executive privilege - Issue: Was the president's claim of executive privilege a power the president could claim using the inherent power of the chief executive to protect his confidential conversations, and were these conversations protected from jud. review? - Decision: The Supreme Court ruled unanimously that Nixon had to release the tapes, stating that Nixon's claim of executive privilege violated the separation of powers doctrine

Shaw v. Reno (1993)

The Court found that if a redistricting map is "so bizarre on its face that is 'unexplainable on grounds other than race,'" then a claim for relief under the Fourteenth Amendment of the U.S. Constitution is available." The Court also ruled that race could be used to make districts that were racially balanced. - Essential Fact: After North Carolina created three majority-minority districts when the U.S. Attorney General sued the state for creating one district that was gerrymandered, ensuring that a black candidate would win, the Voting Rights Act of 1965 was used to challenge how the districts were created - Issue: Whether the Voting Rights Act of 1965 and the Equal Protection Clause of the Fourteenth Amendment mandated that legislative redistricting must use race as one of the factors to ensure minority representation - Decision: In a 5-4 decision, the Supreme Court reversed the lower-court decision describing the shape of the new district as "bizarre" and said such a district "bears an uncomfortable resemblance to political apartheid"

Key Independent Regulatory Agencies (3)

The EPA creates regulations for laws such as the Clean Air and Clean Water Act - The Environmental Protection Agency (EPA)-established in 1970, the EPA regulates environmental issues and industries that impact the environment - Consumer Product Safety Commission (CPSC)-established in 1972, the CPSC tests and reports on products that may injure the public & issues warnings & recalls for the products deemed unsafe - Federal Election Commission (FEC)-created by the Federal Election Commission Act of 1971, the agency is responsible for monitoring campaign contributions, providing funding to presidential candidates through matching grants, and investigating campaign violations

Constitutional Requirements for Federal Justices

The Federalist Papers argued that federal judges and Supreme Court justices should be removed only if they are convicted of an impeachable offense. The papers also made the argument that by giving them life tenure, judges would be immune from political pressure because they would not have to be elected - The president appoints federal judges and Supreme Court justices, and the Senate Judiciary Committee holds hearings on the nom. The full Senate must vote by a maj. to confirm the justices - The only constitutional requirement for a federal judge or a Supreme Court justice is that they "hold their offices during good behavior." This means that when federal judges and Supreme Court justices are confirmed, they have life tenure - The Constitution also provides that federal judges and Supreme Court justices shall receive "compensation" for their duties

House Leadership Structure: The Minority Party-House Minority Leader

The House Minority Leader is the spokesperson for the minority party and has House floor privileges that member do not have - Member of the minority party - Carries out minority party's leadership conference's legislative agenda - Liaison with majority party - If minority party becomes majority party, the minority leader usually will run for speaker of the House. For example, Nancy Pelosi was minority leader when the Republicans were in control of Congress. She then ran and became Speaker of the House when the Democrats regained control of the House in 2006

House Leadership Structure: The House Majority Whip

The House majority whip is also the "disciplinarian," and as such, if his or her party members do not follow the ship's instructions, that member can be removed as a chair of a committee or may not get campaign funds from the party for reelection - Member of the majority party - Third most powerful position following the Speaker of the House and majority leader - Called "whip" because the key role is to keep the majority party unified by keeping its members "in line" when there is a vote - Keeps tabs on how the members of the majority party are lining up for a vote - Reports to the majority leader and Speaker regarding the status of upcoming votes

House Leadership Structure: The Minority Party-House Minority Whip

The House minority whip it also the "disciplinarian," and as such, if his or her party members do not follow the whip's instructions, that member can be removed as a chair of a committee or may not get campaign funds from the party for reelection - Member of the minority party - 2nd most powerful pos. after the minority leader - Called "whip" because the key role of the whip is to keep the minority party unified by keeping its members "in line" when there is a vote - Keeps tabs on how the members of the minority party are lining up for a vote - Reports to the minority leader regarding the status of upcoming states

Key House Committees: Judiciary Committee and Oversight and Government Reform Committee

The Judiciary Committee voted articles of impeachment for Richard Nixon and Bill Clinton. The House Oversight and Government Reform Committee has major oversight functions related to actions of other branches of the government - The House Judiciary Committee considers legislation dealing with civil liberties, Constitutional amendments, federal courts and judges, immigration, civil and criminal laws - The House of Representatives is directed by the Constitution to consider articles of impeachment. The Judiciary Committee drafts impeachment charges against the pres. or other federal officials - The Judiciary Committee has oversight responsibilities of the Justice Department - The House Oversight and Government Reform Committee considers all legislation dealing with the federal government, including the civil service

Secretary of Health and Human Services Secretary of Education

The No Child Left Behind law is a major policy area overseen by the Department of Education. - The secretary of health and human services heads the Department of Health and Human Services and is responsible for all matters related to the health of U.S. citizens - Agencies in the Department of Health and Human Services include the administration on Aging, the Centers for Disease Control and Prevention, the Food and Drug Administration, and the National Institutes of Health - The Department of Education is also responsible for making sure all federal laws and grants dealing with education are implemented

Office of Management and Budget

The Office of Management and Budget also evaluates the effectiveness of bureaucratic agencies and sets funding priorities - The Office of Management and Budget (OMB) is run by a director who is confirmed by the Senate - The main responsibility of the OMB is to assist the president in overseeing the preparation of the federal budget and supervising its implementation after the budget is passed by Congress - The OMB issues reports and recommends legislation related to budget priorities

John Roberts Court (2005)

The Roberts Court reversed the ruling that permitted late-term abortions. The Court limited the right of school districts to use race as the sole means for integration plans and also limited the rights of the accused. It also found that the Affordable Care Act, Obamacare, was const. - John Roberts was appointed as chief justice of the U.S. Supreme Court by President George W. Bush in 2005 after Chief Justice Rehnquist died - Roberts had argued more than 30 cases before the Supreme Court and was a judge on the U.S. Court of Appeals at the time of his appointment - Along with Bush's replacement for Sandra Day O'Connor, Samuel Alito, in the first two years with Roberts as chief justice, the Court moved in a conservative direction - Barack Obama appointed Sonia Sotomayor and Elena Kagen to the Court

Key Senate Committees: Armed Services Committee and Foreign Relations Committee

The Senate Foreign Relations Committee is responsible for holding confirmation hearings for the secretary of states and ambassadors/ - The Senate Armed Services Committee considers legislation dealing with the military - Has oversight resp. for the Dep. of Defense - Is responsible for holding confirmation hearings for the secretary of defense - The Senate Foreign Relations Committee considers legislation dealing with foreign nations including trade and diplomatic relations

Key Senate Committees: Homeland Security and Government Affairs Committee Senate Intelligence Committee

The Senate Intelligence Committee led the Senate investigation of Russian meddling in the 2016 presidential election - The Senate Homeland Security and Government Affairs Committee considers all legislation dealing with the federal government, including civil service and national security issues - Has major oversight functions related to actions of other branches of the government - The Senate Intelligence Committee has oversight responsibilities in national security issues and the departments and agencies related to it, including the CIA, Department of Defense, and Department of Homeland Security

Key Senate Committee: Judiciary Committee

The Senate Judiciary Committee also holds confirmation hearings for the attorney general, director of the FBI, and for all federal judges, including Supreme Court nominees - The Senate Judiciary Committee considers legislation dealing with civil liberties, constitutional amendments, federal courts and judges, immigration, and civil and criminal laws - The Senate Judiciary Committee has oversight responsibilities for the Justice Department - An example of a contentious Judiciary Committee confirmation hearing was when Clarence Thomas was nominated as an associate justice of the Supreme Court

Senate Leadership Structure: The Majority Party Leader

The Senate majority leader works closely with the president and speaker of the House if there is a unified government with the presidency and Congress being of the same party. - The majority leader is elected by the Senate and is leader of the majority party as well as spokesperson of the Senate - The majority leader sets the leg. agenda f/Senate - Works with the minority leader to reach agreement on the number of amendments that will be allowed on bills that are debated - Leads the majority leadership working closely with the majority whip - Plays a significant role in determining the majority party's makeup on Senate committees

Senate Leadership Structure: The Majority Party Whip

The Senate majority whip is also the "disciplinarian" and as such, if his or her party members do not follow the whip's instructions, that member can be removed as a chair of a committee or may not get campaign funds from the party foundation - Member of the majority party - Second most powerful position of the majority party following the majority leader - Called "whip" because the key role is to keep the majority party unified by keeping its members "in line" when there is a vote - Keeps tabs on how the members of the majority party are lining up for a vote - Reports to the majority leader regarding the status of upcoming votes

Senate Leadership Structure: The Minority Party Whip

The Senate minority whip is also the "disciplinarian" and as such, if his or her party members do not follow the whip's instructions, that member can be removed as a chair of a committee or may not get campaign funds from the party for reelection - Member of the minority party - Second most powerful position of the minority following the minority leader - Called "whip" because the key role is to keep the minority party unified by keeping its members "in line" when there is a vote - Keeps tabs on how the numbers of the minority party are lining up for a vote - Reports to the minority leader regarding the status of upcoming votes

Watergate Scandal (1972-74)

The Supreme Court ruled that Nixon had to turn over the tapes. One of the tapes revealed a coverup. Nixon became the first president to resign. Vice President Gerald Ford became the new president. - The Watergate scandal began in 1972 when seven men were hired by the Committee to Reelect President Nixon to burglarize the Democratic Party national headquarters located in the Watergate Hotel in Washington D.C. - President Richard Nixon denied any knowledge of the break-in. A Senate select committee discovered that Nixon had tapes of conversations related to Watergate and demanded he turn them over. Nixon refused - President Nixon fired the independent counsel - A new special prosecutor was appointed and indicted many of Nixon's aides. The House Judiciary Committee held impeachment hearings and voted to impeach Nixon

Key Government Corporations

The U.S. Postal Service was criticized by President Trump in 2018 for the partnership it had with Amazon in delivering Amazon's packages. He ordered an audit of Post Office to determine whether it could be run better. - Amtrak, also called the National Railroad Passenger Service, provides national rail service and is subsidized by the federal government - The Federal Deposit Insurance Cooperation (FDIC) was established in 1933 to deal with the banking crisis. Today, it insures deposits up to $100,000 per bank account - The U.S. Postal Service was made into a government cooporation in 1971 and exists as an independent government agency regulating postal rates and post offices too

War Powers Resolution (1973)

The War Powers Resolution has been challenged in the courts, but it has never been declared unconstitutional. The Resolution has been used in Congress prior to the Persian Gulf War and the Iraq War as a means of forcing the president to get congressional approval for the commitment of military forces to war - Also called the War Powers Act, Congress passed a joint resolution limiting the president's power to wage war without a declaration of war from Congress. Even though President Nixon did not sign the resolution into law, the War Powers Act has been invoked by Congress, and presidents have not challenged its provisions - Provisions of the act include the requirement than the president consult with Congress prior to deploying troops, and after the deployment of troops to set up benchmark dates for the removal of troops if Congress has not declared war or authorized the use of force - Congress ultimately has the authority to force the president to withdraw troops by stopping the funding of operations

Civil Service Reform: Hatch Act (1939)

The act also prohibits elected officials from soliciting campaign funds or engaging in political activities they are performing their jobs. - The Hatch Act placed legal restriction on federal employees on the kind of political activity they may participate in - Civil servants are prohibited from being candidates for office; while they are working they cannot actively campaign for a candidate and may not collect political donations, organize rallies, or circulate nominating petitions - Act was designed to prevent conflicts of interest

Closed Rule

The closed rule prevents the minority party from offering amendments because any amendment they offer, or any amendment offered by a member of the majority, could potentially be adopted and lead to the defeat of the bill. - Bans further amendments to a bill once the bill reaches the House floor - The only exceptions are amendments approved by the Rules Committee or amendments approved in advance by a committee and submitted by the committee chairman in advance - There is no closed rule in the Senate unless there is an unanimous consent of all 100 Senators

Council of Economic Advisors

The council recommends economic legislation intended to achieve the economic goals of the administration - The president appoints three people to the council who have economic expertise and must be confirmed by the Senate - The council advises the president in the preparation of economic reports - The council gathers information concerning economic developments and trends and submits to the president reports related to their findings - The council recommends to the president national economic policies that promote free enterprise and further national employment

Organizational Structure of Bureaucratic

The federal bureaucracy often operates independently and has been criticized for a lack of accountability. Congressional oversight responds to that criticism. - Have a hierarchal authority structure-power flows from the top down - Have task specialization-experts perform prescribed tasks - Have extensive rules, sometimes called "red tape," so that the public is treated fairly - Utilize the merit principle so that service workers are promoted began on merit - Have decentralization of administration so that there is a delegation of authority that works with the hierarchal structure

Constitutional Basis of the Federal Bureacucracy

The federal government is organized by departments, which are given the title to distinguish them from the cabinet. Agencies and administration refer to governmental bodies that are headed by a single administrator and have a status similar to the cabinet. - The constitutional basis of the federal bureaucracy is found in Article II of the Constitution in the section that references the creation of "executive departments" The est. of bureaucratic agencies developed as a result of custom, tradition, and precedent - The cabinet departments were first formed by President George Washington - Independent regulatory agencies were created in the twentieth century as a result of a perceived need to regulate industry and protect the public

Filibuster

The filibuster gives the minority the power to stop the Senate from considering new business. It is an effective way to block legislation that would pass by a simple majority - Filibusters are floor speeches to prevent the Senate from taking a vote - They are permitted by a Senate rule that allows 41 senators to control debate on pending legislation unless 60 senators vote to cut off that debate - From the Dutch word for "pirate," as in holding the Senate hostage in order to prevent a vote on a bill - The longest filibuster was by Strom Thurmond in 1957, holding the Senate floor for 24 hours and 18 minutes, attempting to block the Civil Rights Act of 1957 - The Senate majority leader usually will pull legislation from the Senate floor if the filibuster cannot be ended - In 2013, the Senate passed new rules eliminating the filibuster for presidential appointees and federal judges except for extraordinary circumstances

Baker v. Carr (1962)

The impact of this ruling was that every state had to draw its legislative districts guaranteeing equal representation in the districts. This decision led to the guarantee of equal representation in congressional districts. - Essential Fact: Charles Baker challenged Tennessee's legislative district apportionment, claiming that the districts drawn by the Tennessee legislature favored rural areas over urban areas resulting in underep. for people living in cities - Issue: The issue of the case was whether the Supreme Court could rule on and set standards on issues related to apportionment - Decision: The Supreme Court ruled that the Equal Protection Clause of the Fourteenth Amendment guarantees the citizens of every state what they termed "one man, one vote"

Informal Sources of Pres. Power (1)

The informal sources of presidential power are derived from the expressed and inherent powers of the president. Chief of state is ceremonial in nature. Executive orders are more formal and have the force of law. - The president makes leg. rec. to Congress - The pres. acts as unofficial leader of pol. party - The president uses executive privilege to protect presidential actions from congressional oversight - The president uses executive orders to establish policy without the consent of Congress - The pres. acts as chief of state when hosting foreign leaders

Franking Privilege

The information provided by free mailings cannot directly advocate the reelection of representatives, though it could be argued that by informing voters of the accomplishments of their representatives, the mailings could be useful in promoting the election of a congressperson or senator. - Gives representatives and senators free mailing to their constituents for the purpose of keeping the residents of their districts and states informed about votes and issues. - The mailings also provide information about the constituent services and upcoming town meetings - As a result of the use of websites, representatives and senators have instant access to their constituents through surveys and e-mail

Line-Item Veto

The line-item veto is supported by those who believe that the appropriation bill have wasteful spending, and it is apposed by those who fear this veto will give the president more power. - The line-item veto gives the president the authority to selectively veto portions of the 13 appropriation bills that are passed by Congress and make up the federal budget - The Line-Item Veto Act was passed as part of the Republican Contract with America and signed into law by President Clinton in 1996 - The Line-item Veto Act was challenged in the courts. The Supreme Court ruled that is was unconstitutional because the Constitution states that a president veto must be used to oppose an entire piece of legislation - Governors in many states have line-item veto authority

House Leadership Structure: House Majority Leader

The majority leader is usually next in line to become Speaker of the House if the majority party remains in control of the House of Representatives and there is a vacancy - Member of the majority party - Acts as spokesperson for the majority group - Works closely with the Speaker of the house to develop a legislative agenda and choose House committee posts for members of the maj. party - Carries out leadership conf. legislative agenda - Acts as liaison with minority party

Reapportionment and Redistricting

The manner in which a legislative district is apportioned can determine whether the district is a swing district or will lean toward the Democrats or Republicans - Reapportionment is the process of dividing up the number of state legislators and congressional members according to a state's population in order to assure, as closely as possible, legislative districts of equal population size - Redistricting is the drawing legislative boundaries - Reapportionment is conducted once every ten years. Congressional reapportionment is determined as a result of changes verified by the census that is taken every ten years - Reapportionment is carried out by state legislatures, and if there is a dispute, the courts resolve the legal issues established by the "one man, one vote" principle

Congressional District

The phrase congressional district is not in the U.S. Constitution. However, the Constitution does require that the people in each state should choose their representatives based on the population as determined by the latest census. - Congressional districts were created based on the provision that stand each voting district should be roughly equal in population throughout the state and the entire country - The number of citizens per congressional district has risen from an average of 33,000 in 1790 to almost 709,000 as of 2012 - In 1929 Congress passed the Reapportionment Act of 1929, which capped the size of the House at 435. However, if new states were admitted, that number would increase - The Supreme Court case Baker v. Carr (1962) ruled that districts should be apportioned so that the "one man, one vote" rule would equalize the makeup of the districts

Gramm-Rudman Act (1985)

The power to make the cuts was given to the president and the director of the Office of Management and Budget in 1987 - Also known as the Gramm-Rudman-Hollings Act, the law set as a goal the elimination of the federal budget deficit by 1990 - The law created a series of budgetary targets that would reduce the deficit through automatic budget cuts if the president and Congress did not agree on voluntary spending cuts - One-half of the cuts had to come from domestic spending programs and the other half had to come from defense spending

House Leadership Structure: The Minority Party Ranking Member of a Committee

The ranking member of a House committee takes on the role of the spokesperson of the minority party in committee meetings. When the committee chair and ranking member work together, the committee works in a bipartisan manner - The senior member of the minority party serving on the committee - Called "ranking member" because he or she is the committee member the committee chair contacts when deciding on committee business - Usually next in line to become chairman if the minority party takes majority control of Congress - If the minority takes control of the House, then the former committee chair becomes the ranking member of the committee in the new House

Senate Leadership Structure: The Minority Party Ranking Member of a Committee

The ranking member of a Senate committee takes on the role of the spokesperson of the minority party in a committee meetings. When the committee chair & ranking member work together, the committee works in a bipartisan manner. - The senior member of the minority party serving on the committee - Called "ranking member" because he or she is the committee member the committee chair consults when deciding on committee business - Usually next in line become chair if the minority party takes majority control of Congress - If the minority takes control of the House, then the former committee chair becomes the ranking member of the committee in the new House

Gerrymandering

The term was coined in 1812 after Massachusetts governor Elbridge Gerry drew a legislative district in the shape of a salamander/ When his opponents saw the district, they called it "gerrymandering" - Gerrymandering is the deliberate redrawing of legislative districts to favor one pol. party, which heavily influences the outcome of the election - The purpose of gerrymandering is to draw a district regardless of natural geographic boundaries so that the voters of one political party outnumber the voters of the other political party, which likely will result in the electoral victory of the majority political party registration - The courts can rule gerrymandered districts illegal using the Voting Rights Act of 1965 and the Equal Protection Clause of the Fourteenth Amend.

Enumerated, Delegated, & Implied Powers of Congress

The terms enumerated and delegated are used interchangeably. Those powers, as well as the necessary and proper clause, provide the legal basis for Congress to pass legislation. - Enumerated and delegated powers are those powers that are listed in the Constitution in Article I, Section 8 and given to legislative branch - Implied powers are those powers that expand the scope of Congressional authority - The implied power for Congress is the Elastic Cause, also known as the necessary/proper clause

Organization of the Federal Bureaucracy

The vast majority of government employees working in bureaucratic agencies are appointed through the civil service system and are not political appointees - The federal bureaucracy has a "hierarchal" structure, whereby an agency has direct and defined responsibilities - Cabinet departments are responsible to the cabinet secretaries who heard them - Regulatory Agencies, also known as independent regulatory agencies, are funded by Congress and report to the president - Independent Executive Agencies are bureaucracies that have specific functions that support the goals and functions of the government

Powers Denied to Congress (Article I, Section 9)

The writ of habeas corpus can be suspended during times of rebellion, and Lincoln suspended it during the Civil War. - Prohibits Congress from suspending the writ of habeas corpus (gives people due process) - Prohibits Congress from passing a bill of attainder (a predetermined sentence without a trial) or an ex post facto law (law that's retroactive) - Prohibits Congress from passing an import or export tax on states - Prohibits Congress from giving any titles of nobility to a citizen

The President's Cabinet

There are currently 15 cabinet-level positions and 6 cabinet-rank positions. Cabinet heads also run bureaucratic agencies. For example, the secretary of agriculture heads the Agriculture Department. - Part of the "unwritten Constitution" that is based on practice, precedent, and tradition. The Constitution does make ref. to "executive dep." - George Washington established the practice of appointing cabinet officials - Cabinet appointees must get Senate confirmation - Congress must approve the creation or abolition of cabinet-level positions - The most recently established cabinet position was the Department of Homeland Security in 2002

White House Press Secretary

There is usually a contentious relationship between the press and the press secretary, especially when the president attempts to withhold information that the press wants to know about - The White House press secretary works out of the Office of Communications and is the chief White House spokesperson to communicate directly with the media - The press secretary does not need Senate confirmation - The press secretary attempts to control the flow of information out of the White House and sets the agenda on a daily basis - The press secretary holds daily press briefings that are televised from the White House press office

Key Independent Regulatory Agencies (2)

These agencies are the key policy-making bureaucratic agencies and are part of the "Iron Triangle" issue network - Federal Trade Commission (FTC)-established in 1914, the FTC regulates trade, encourages competition, & investigates unfair or deceptive advertising - Food and Drug Administration (FDA)-established in 1931, the FDA regulates and approves the contests, marketing, & labeling of food & drugs - Federal Communications Commission (FCC)-established in 1934, the FCC regulates the television and radio industry and grants licenses to television and radio stations - Occupational Safety and Health Administration (OSHA)-established in 1972, OSHA sets safety and health standards for the workplace

Compliance Monitoring

These are the most important powers that bureaucracies have - Compliance monitoring ensures that those entities impacted by bureaucratic reg. are followed - Compliance monitoring includes: - formulation and implementation of compliance monitoring strategies - On-site compliance monitoring, compliance inspections, evaluations, and investigations - Off-site compliance mon, data collection, review, rep., program coordination, oversight, & support - inspector training, credentialing, and support

Key House Committees: Armed Services Committee and Foreign Relations Committee

These committees also provide oversight of the Department of Defense and the president's foreign policy initiatives - The House Armed Services Committee considers legislation dealing with the military - The House Armed Services Committee has oversight responsibility of the Depart. of Defense - The House Armed Services Committee is responsible for funding the military as well as legislation dealing with the selective service system, including conscription - The House Armed Services Committee considers legislation dealing with foreign nations, including trade and diplomatic relations

Discharge Petition

This action bypasses Rules Committee, but rarely succeeds because the maj. party usually applies pressure on its members not to sign petition - Legislation in the House cannot get to the floor without a vote from the Rule Committee - The only exception is if a majority of representatives sign a petition to get the bill placed on the floor for debate and a vote - The minority party usually leads the effort to get signatures on a discharge petition, but the effort cannot succeed without the support of members of the majority

Gibbons v. Ogden (1824)

This landmark case established congressional authority in the area of interstate commerce. Future cases challenged federal law that tried to expand Interstate Commerce Clause and give the federal government increased power - Decided by Marshall Court (1824) - Essential Fact: Congress awarded a navigation contract to the Gibbons to operate a ferry service between New York and New Jersey. New York awarded an exclusive contract to Ogden to fun a ferry service, also between New York and New Jersey. Ogden claimed that since he was given a monopoly he had the right to run the service. - Issue: Who had the authority to grant interstate commerce rights, federal or state governments? - Decision: The Court decided that Congress has the authority, under the Interstate Commerce Clause, to regulate interstate commerce, and awarded the rights to the Gibbons

Federal Budget Adoption Timeline

This timeline has not been followed in recent years resulting in a series of continuing resolutions that Congress passes before passing a final budget called on "omnibus budget" that combines all appropriation bills that have not been passes. - October-November: Federal departments and agencies send budget requests to the Office of Management and Budget. The OMB reviews them and makes a determination on how much money will be allocates - January-March: The OMB makes its budgetary recommendations to the president; the president submits the budget request to Congress; the appropriation subcommittees hold hearings with department and agency heads and the public - May-June: Congress passes a budget resolution that sets the parameters for the federal budget - September: House and Senate conference committees resolve any differences in the appropriation bills passed, and each house passes the final version of the spending bills. The president signs or vetoes the final bills passed

Balanced Budget Act of 1997

This was a short-lived debate because the country-entered a recession in 2000, and after the events of September 11 and the United States engaging in wars against Afghanistan and Iraq and a tax cut, the nation's budget again went into deficit - A balanced budget is defined as a budget that has revenues that equal expenditures - The Balanced Budget Act of 1997 was a law that resulted in a a balanced budget in 1999 and a surplus for the federal government in 2000 - After the budget came into balance and there was a projected surplus, a policy debate began regarding what to do with the surplus. One option was to reduce the debt; another option was to pass new social programs; another option was to pass tax cuts; and others proposed using the money to make Social Security and Medicare solvent.

Tax Cuts and Jobs Act of 2017 (2018)

This was the largest tax cut since the Reagan and George W. Bush tax cuts. Although it lowered tax rates and provided a tax refund, it increased the federal deficit. - Overall lowering of the tax bracket rates - Personal exemptions were repealed - Stand. deduction for joint taxpayers increased - Reduction of corporate income taxes - Lifetime exemption fr/estate & gift taxes double

Executive Powers

Though the delegated powers of the president do not match those of the legislative branch, the president's authority also comes from his authority as chief executive stated in Article I. - Found in Art. II of the Constitution - Makes the pres. the "chief executive" - Gives the pres. the title, "commander in chief" - Gives the pres. power to sign or veto leg. - Gives the pres. the power to sign treaties - Gives the president the power to appoint officials in his administration - Gives pres. power to grant pardons and reprieves

Informal Sources of Pres. Power (2)

Though the modern-day vice president has limited power and is often selected as the president's running mate for political reasons, the vice pres. can be an important and powerful player. - The Constitution gives the vice president one power - to act as president of the Senate and act as the Senate's chief presiding officer - The vice president uses this power to cast a tie-breaking vote in the Senate - Informal duties of the vice president include representing the United States at the funeral of a foreign dignitary - The vice president also becomes acting president under the Twenty-fifth Amendment if the president is incapacitated and becomes president if the president is impeached

Const. Basis of President's Foreign Policy Authority

Using informal power, the president also acts as chief of state, receives ambassadors from foreign countries, travels to for. countries, and can issue executive orders that can impact foreign policy. - Article II of the Constitution gives the president the authority as com. in chief of the armed forces - It gives the president the authority to appoint ambassadors, cabinet heads of agencies related to foreign policy such as the secretary of state and secretary of defense, and the secretary of homeland security with the consent of the Senate - The president also appoints the national Security Advisor, the head of the Central Intelligence Agency, and the National Security Council. Article II also gives the president the right to make treaties

Rule of Four

When four justices vote to hear a case, a petitioner (the party appealing the case) and the respondent (the party who won the case in the lower court) are informed that oral arguments for the appeal will be heard by the full court. - The first step that takes place when a case is appealed to the U.S. Supreme Court occurs when four of the nine justices agree to hear the case. This is called the "Rule of the Four" - More than 8,000 cases/term are appealed to the U.S. Supreme Court. Only 75-100 are heard. - Law clerks make recommendations to the justices they are working for regard. which cases to review

Federal Budget Continuing Resolution

When the federal government is shut down, nonessential services cease operating. That includes national parks and furloughs to federal government employees who work in bureaucratic agencies and do not do critical work, such as meteorologists working for the National Weather Service or those employees working for the Veterans Administration - If the 13 appropriation bills are not passed by Congress and signed by the president by the start of the new fiscal year on October 1, Congress must pass what is called a continuing resolution or parts of the federal government would shut down because there would not be funds allocated to keep the government fully operational - A continuing resolution is "legislation in the form of a joint resolution enacted by Congress, when the new fiscal year is about to begin or has begun, to provide budget authority for federal agencies and programs to continue to operate until the regular appropriation acts are passed." - There has been federal government shutdowns during the administrations of Ronald Reagan, George H. W. Bush, Bill Clinton, Barack Obama, and Donald Trump

Social Security Act (1935)

With the retirement of the so-called "baby boomers," the Social Security trust fund is projected to have more beneficiaries than income to pay for them. - Social Security is a federal government entitlement passed as part of FDR's New Deal that guarantees retired senior citizens who have contributed into a system a guaranteed retirement income - A trust fund is administered by the Social Security Administration, an independent federal agency - Trust fund revenue can technically by spent only for retirement benefits; however, the federal government has borrowed money from the Social Security fund for the purpose of lowering the deficit