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population
territory
government
sovereignty
government
who can participate= dictatorship/democracy
distribution of power= unitary, federation, confederation
relationship between branches=parliamentary, presidential
What is government?
institution through which society makes and enforces public policies (all the things
governments decided to do)
Power
• legislative—law making
• executive—law enforcing
• judicial—law evaluating and using
• Constitution outlines these powers=fundamental laws, principles, structures, processes
Purposes US Gov’t
• to form a more perfect union
• establish justice
• ensure domestic tranquility
• provide for the common defense
• promote general welfare
• secure blessings of liberty
The Constitution
• Virginia Plan-three separate branches, Bi-cameral legislative branch (2 houses),
legislative reps would be based on either population or the amount of money each state
gave
• New Jersey Plan-unicameral Congress (one house) with states equally represented,
Congress should get to tax and regulate trade
• Connecticut Compromise-Congress should be 2 houses-1 with states equally
represented, 1 with representation based on population
• Three-Fifths Compromise— all free persons and 3/5 of all other persons would be
counted in the population to determine representation
• Commerce and Slave Trade Compromise- Congress is forbidden to tax exports from any
state, and forbidden to act on slave trade for 20 years
Ratification
every state had to agree to the Constitution
Federalists vs Anti-Federalists
• became first political parties in the United States
• disagreed about ratifying the Constitution
took three years for all 13 states to ratify the Constitution
Constitutional Principles
• Popular Sovereignty—power to rule (govern) comes from the people who are ruled
(governed)
• Limited Government—government will not be all-powerful, it will only do the things the
people give it the power to do
• Separation of Powers—Executive Branch (President and Presidential offices), Legislative
Branch (Congress, (Bi-cameral) Senate, House of Representatives), Judicial Branch
(Supreme Court, and other National Courts)
• Checks and Balances—each branch has a “check” on the power of another—Presidents
can veto the bills Congress agrees upon, Supreme Court (when it tries a case that is
based on a law) can declare a law unconstitutional, Congress has to approve
presidential appointments
• Judicial Review—the power of the courts to judge whether what the government does is in
accordance with the Constitution
• Federalism—division of power between central government and local governments
Constitutional Amendment
--the ways the Constitution can be changed
Formal Amendment Process
• First Method: proposed by 2/3 vote in each house of Congress, ratified by ¾ of the state
legislatures (26 of the 27 amendments were adopted in this way)
• Second Method: proposed by Congress, ratified by conventions in ¾ of the states (only
the 21st was ratified in this way)
• Third Method: proposed by a national convention (called by Congress at the request of 2/3
state legislatures) ; ratified by ¾ state legislatures
• Fourth Method: proposed by a national convention; ratified by conventions in ¾ state
legislatures (basically how the constitution became the government)
States Powers
Powers not granted to the National Government and not denied the states are given to the
states.
example—power to tax
IMPORTANT RULE!!!!
National Government and the Constitution are the Supreme Law of the Country
help states recover from natural disasters—storms, floods, drought, forest fires
Statehood:
Congress gives one restriction, a new state is not taking territory from an existing state without
consent of the legislatures of the states involved
37 states have been admitted since the original 13, some were created from parts of other
states (Vermont, Kentucky, Tennessee, Maine, W. Virginia)
President must sign the act for the new state to enter the Union
grants of federal money or other resources to the states, cities, counties, and other local
units
sometimes grants cause the lines in division of powers to be broken, where the national
government has sway over local issues because of a grant, ex: education, mental health
do they give the national government an unconstitutional voice in making local and state
policy?
Revenue Sharing—old policy, not in practice today—Congress gave share of the Federal Tax
Revenue to states, cities, counties, townships **requirement not to be spent on programs that
discriminated
have conditions attached: federal money only used for specific purpose, matching or
some kind of monetary contribution coming from institution itself, agency must
administer the grant, obey guidelines set
Project grants—for specific projects, made to states, localities, and private companies
that apply for them
National Elections conducted in each state, financed with local funds, regulated by state
laws
Interstate Relations:
States cannot form treaties or alliances or confederations with other states or foreign states.
States may form interstate compacts or agreements with the consent of Congress.
Constitution says that states must recognize public acts, judicial proceedings, and
records of other states—Article IV Section 1
exceptions:
only civil not criminal, states do not have to enforce the criminal laws of other states
Extradition:
the legal process by which a fugitive from justice on one state can be returned to that state—
prevents a person from fleeing justice by leaving a state
No state can draw unreasonable distinctions between its residents and residents of other
states.
states must recognize the right of any American to travel in between states
any citizen no matter where they live can use courts, make contracts; buy, own, rent,
sell property; marry within borders of any state
states can require established residence of a certain time period before a person can
vote or hold public office, have a license to practice law, medicine, dentistry, et cetera
wildlife and game located in a state are state property, so nonresidents can be required
to pay higher fees for hunting and fishing licenses
state colleges can offer different tuition rates for in-state and out-of-state students
Supreme Court Case, Printz v. United States (1997)
The Gun Control Act of 1968 outlined rules for the distribution of firearms. Dealers were
prohibited from selling guns to persons under 21, out-of-state residents, and convicted felons
and fugitives. The Brady Act, a 1993 amendment to that law, required the attorney general to
establish by 1998 a national system for conducting instant background checks on prospective
handgun buyers.
The Brady Act also created a temporary background check system. Before selling a handgun,
a firearms dealer was required to obtain identification from the purchaser, and to forward that
information to the "chief law enforcement officer" (CLEO) of the purchaser's residence. The
Brady Act required CLEOs to make a reasonable effort to determine within the five business
days whether the purchaser may lawfully possess a gun.
Jay Printz and Richard Mack, sheriffs serving as CLEOs in counties in Montana and Arizona,
respectively, challenged the Brady Act in federal district court. They argued that the provisions
requiring them to perform federal functions and execute federal laws were unconstitutional. The
district court agreed with their argument, but the court of appeals found the entire Act
constitutional, and the case went to the Supreme Court for review.
city/county
charters
ordinances
State
Constitutions
Acts of Congress
Treaties
US Constitution!!!
a group of persons who seek to control government through the winning of elections
and the holding of public office
a group of persons, joined together on the basis of common principles, who seek to
control government in order to affect certain public policies and programs
[Toothpaste example]
What do parties do?
Informing and Activating Supporters—take stands on issues, informs people (to the
advantage of the party)
organize government Congress and State legislatures are organized along party lines
and business is conducted through partisanship—support of the party and party’s
stance in issues
party out of power plays “watchdog” to the party in power at any given time
Two-Party System
the US is structured on a two-party system—there are two parties that dominate politics in the
US: Democrats and Republicans
there are minor parties in the US—parties without large support base
WHY?
the ratification of the Constitution brought about two opposing groups Federalists and Anti-
Federalists, even though the Constitution itself and the Framers were against parties because
of the divisions they could create among people
once the precedent was set, the US was most likely to follow in the 2-party tradition
the electoral system and election process tend to be based on the two parties
since being established, the two main parties have maintained the system in laws they have
made
the two parties have served to homogenize a very pluralistic—diverse—population
Multiparty Systems
One-Party System
Party Membership
candidate
beliefs/values
parents/family
economic situation/salary
war
gender—male/female
race
age
background
occupation
Federalists—strong government
Minor Parties
ideological parties
based on a set of beliefs—social, economic or political
long-lived parties
single-issue parties
economic protest
splinter parties
raise awareness
options
Party Organization
Decentralized structure—no central chain of command from national to state level, state to
local
divisions are loosely tied to one another, and usually cooperate
President’s party is usually more organized and united, President is the party leader
Nominating Process—happens within the party, can be divisive within the party where
members of the party are arguing over who should be the candidate
National Committee
between conventions, party affairs are handled by the national committee and the national
chairperson
National Chairperson
Local Organization
vary from place to place, usually a party unit within each district: congressional, legislative,
counties, cities, towns, wards, precincts
Components of Parties
sharp drop in the number of voters willing to identify themselves as Republicans or Democrats
increase in split-ticket voting—voting for candidates of different parties for different offices as
same election
parties are more “open” but less organized and with more internal conflict
changes in media and technology make candidates less dependent on the party
electorate—voting population
The right to vote in the US began with only white male property owners
to vote, there were religious qualifications, tax payment, property ownership controlled
voting population in the early 1800s—by mid-1800s, all white males could vote
15th Amendment 1870—intended to prohibit states from denying the right to vote based
on race—was not largely successful
19th Amendment 1920—prohibited the denial of the right to vote based on sex or gender
26th Amendment 1961—said no state could set their voting age over 18
Constitution does place five restrictions on how states may exercise this power
If a state allows a person to vote in state elections, they must also be allowed to vote in
federal elections
because of the extension of suffrage in the US, this restriction only serves to forces
states to allow people to vote in state elections
No state can deny the right to vote on account of race, color, or previous condition of
servitude
No state can require the payment of tax as a condition for taking part of the nomination
or election of an office holder
No state can deny the right to vote who is at least 18 years of age.
citizenship-
aliens—people living in US that are not US citizens—are not denied the right to vote by
the Constitution
residence
age
literacy—
tax payment
none of the 50 states allow people in mental institutions or persons legally found to be
mentally incompetent to vote
1/4th of the states prohibit persons who have committed a serious crime from gaining or
regaining the right to vote
a few states prohibit anyone dishonorably discharged from the armed forces to vote
injunction—a court order that either compels (forces) or restrains (limits) the
performance of some act by a private individual or by a public official
the Amendment was not self-executing, it was a general statement that provided no
enforcement
Congress would have to act to make it an effective law (which took around 90 years!)
violence
threats
gerrymandering
“white primaries”
Courts could react only on these issues only when victims of discrimination sued—
making the issue a case-by-case method and ineffective
Attorney General power to seek federal court orders to prevent interference with any
person’s right to vote in any federal election
Voter Behavior
gender gap—measurable differences between the partisan choices of men and women
split-ticket voting—practice of voting for the candidates of more than one party in an
election
for whatever reason, there are many people that do not vote
“Cannot-Voters”
resident aliens
unexpected travel
religious beliefs
Actual Nonvoters
people feel the winner of an election makes little difference and things will continue to
go well
people feel alienated and refuse to vote because they don’t trust political institutions and
process
registration requirements
long lines
long ballots
time-zone issues in presidential elections, east votes first, so eastern results can cause
westerners not to vote
lack of interest
weather
difference between voters and nonvoters?
results of a particular election (not how they vote, but who votes)
survey research—polling
studies of political socialization—a very complex process involving all experiences and
relationships that lead people to view the political process the way they do
Sociological Factors
income, occupation
education
gender, age
geography
Psychological Factors
party identification
straight-ticket
split-ticket
independents
Popular Sovereignty
Limited Government
Federalism
general election—regularly scheduled elections at which voters make the final selections of
officeholders
caucus—a group of like-minded people who meet to select the candidates they will support in
an upcoming election
closed primary—party’s nominating election in which only declared party members can vote
open primary—party’s nominating election in which any qualified voter can cast a ballot
blanket primary—version of the open primary, every voter receives the same ballot regardless
of party, listing every candidate of every party, voters can participate however they choose
nonpartisan elections—usually elected school and municipal officers, not identified by party
labels
Nomination Process
supports a two party system
typically, people choose only one of two choices (to avoid what people consider a
“wasted” vote for a third party candidate
one-party constituencies (where one party tends to dominate) the nomination process is
often the only place where a choice is made
in local elections
still used in New England as well, but very different from the original
how most states go about making their nominations for major offices within the state
and some federal offices through parties
closed—most states establish who can vote by voter registration, must be registered as
a member of that party to vote in that party’s primary
open—most states hand you the ballots for both parties, some states ask voters to
choose which party’s ballot they want (asking them to make a public choice
Petition
Elections
absentee voting—voting when you cannot go to the polling place on the day of the
election, before the election
coattail effect—when one strong candidate pulls along other candidates in their party to
be elected
Most Election Law is State Law, but there is Federal election Law
Over 500,000 people who hold elected office in more than 87,000 units of government at
the state and local level in the US
Federal Control:
Congress may set the time for choosing Presidential Electors and casting electoral
votes
Congress has set the Congressional Elections to be the first Tuesday after the first
Monday of November on even numbered years
Presidential elections are the on the same day, but every four years
Election Day
States generally hold their State elections on the same date Congress has set for
national elections
Tuesday after the first Monday
Early Voting
absentee voting
early voting, not absentee, but as if they were voting in the actual election several days
before the election
precinct election board supervised the polling place and voting process in each precinct
county clerk or county board of elections chooses members of precinct boards and
draws precinct lines
election board sees that ballots and ballot boxes or voting machines are available
poll watchers from each party are allowed at each polling place
can challenge any person they believe is not qualified to vote and monitor the whole
process, including the counting of the ballots
Casting a ballot!
marked in secret
Office-Group
example, p. 191
Party-Column
example, p. 191
Samples Ballots
cannot be cast as a ballot, but show voters what will be on the ballot
“Bedsheet” Ballot
very long ballots with lots of offices up for election and lots of local issues on the ballot
even well-informed voters can have a difficult time with long ballots
critique?
Automated Voting
many votes are cast on some type of voting machine or electronic device
Vote-by-mail Elections
cons—threatens secret ballot, fraud, voters may be subjected to undue pressures while
casting their ballot if not in a secure polling place
Online Voting
political action committee (PAC)—nonparty groups that are political arms of special-interest
groups who have a stake in the political process
hard money—money raised and spent to elect candidates for Congress and the White House
Unknown how much money is spent on elections in the US.
candidates—spend their own money to campaign (Ross Perot holds the record, spending 65
million of his own money)
party fundraisers: dinners, luncheons, picnics, receptions, direct mail requests, telethons
Public funds
political participation
social recognition
political aims
today, Federal Election Campaign Act (FECA) and the Bipartisan Campaign Reform Act of
2002
Congress regulates only federal campaigns, most states regulate their campaigns in some way
Disclosure requirements
contributions and expenditures must be made through one single campaign committee and
must be closely accounted
any contribution of more than $200 must be identified by source and date
any expenditure of more than $200 must be identified by the name of the person to whom
payment was made and by date and purpose
contributions of more than $5000 must be reported to the FEC within 48 hours
20 days out from the election contributions over $1000 must be reported within 48 hours
Limits on Contributions
no person can give more than $2000 to any federal candidate in a primary election
no person can give more than $2000 to and federal candidate in a general election
total of any person’s contributions to federal candidates and committees cannot be more than
$95, 000 in a general election cycle (the two years from one general election to another)
No PAC can give more than $5000 per election to each candidate
Limits on Expenditures
High court struck down several spending limits set by the FECA of 1974, said those restrictions
were contrary to the First Amendment’s guarantee of freedom of expression
threw out:
limits on how much of their own money candidates coup put into their own campaigns
limit on a person’s right to spend more than $1000 on behalf of any federal candidate without
that candidate’s permission
Money is provided to set up Presidential Election Campaign Fund through income taxes.
Money is used to finance:
preconvention campaigns
national conventions
Preconvention Campaigns are supported by private donations and public money from the FEC
to get the public money, a candidate must raise at least $100,000 in contributions from
individuals gathered from at least 20 states, at least $5000 from each state from individual
donations of no more than $250
FEC will match the first $250 of each individual’s donation to that candidate, up to half of the
overall limit on primary spending
National Conventions
if a major party applies for the money, it automatically receives a grant to help pay for the
national convention
every major party candidate automatically qualifies for a public subsidy to cover costs of
general election campaigns
candidates may refuse the money, freeing the candidate to raise however much from private
sources
when the money is taken, they can spend no more than the amount of the subsidy and cannot
take money from other sources
minor party candidates can also qualify for the subsidy if they have one 5% of the popular vote
in the last presidential election or win at least that much of the total vote in the current election
(the money will then be given after the election, and cannot help the candidate in that election)
**strengthens the two-party system
Public Opinion
opinion leader—a person who, for any reason, has an unusually strong influence on the views
of other people
Public Opinion is misleading; we are often led to believe that people hold the same opinion.
However, it is rather the opposite where public opinion is a collection of opinions.
Very few issues (if any) capture the interest of the whole country.
Public Opinion only involves those issues that relate to public affairs.
politics
public issues
public policies
must involve something of general concern and interest to a significant portion of the people as
a whole
***Political Spectrum***
Like voting behavior, public opinion impacted by many forces. Political socialization plays a
role.
Opinion Leaders—shape opinions; doctors, lawyers, public office holders, business leaders,
teachers, ministers
interest group—private institution whose members share interests and work to shape public
policy
public opinion poll—devices that attempt to collect information by asking people questions
quota sample—a sample deliberately selected to reflect several of the major characteristics of
a given population
Elections:
politicians often feel they have been given a mandate of public opinion through their election
Interest Groups:
Media:
Personal Contacts:
people directly contact their politicians to share their public opinion—emails, mail, telephone,
conversations
George Gallup and Elmo Roper were early developers of techniques that would use scientific
basis for forming public opinion
today, more than 1,000 national and regional polling organizations (mostly commercial work)
Gallup Organization (Gallup Poll) and Louis Harris and Associates (Harris Survey)
construct a sample
can the views of 1,500 accurately represent the views of 200 million?
yes, more or less because of the laws of probability, if the sample is of sufficient size, it will be
accurate with a small margin of error
often people in the sample will belong to more than one category that is being represented in
the sample
should the city’s police force be increased to fight the tide of crime in our community?
most would answer yes to both questions, yet the second question would most likely require
that taxes not be reduced
Interviewing
regardless, the same techniques must be employed with all the respondents in a sample
standardization is important!
computers, and other electronic hardware are used to interpret the large amounts of raw data
Evaluating Polls
Mass Media
medium=means of communication
public agenda=societal problems that the nation’s political leaders and the general public agree
need government attention
Mass Media are those forms that reach large, widely dispersed audiences.
Internet
Mass media is not a part of the Government, but serve to inform people about the
Government.
TV—
has become the principle source of political information for the majority of Americans since the
early 1960s
NEWSPAPERS—
Newspapers are in decline—10,000 published, 1500 dailies, 7200 weeklies, 550 semi-
weeklies, several hundred foreign language papers
New York Times, Washington Post, Chicago Tribune, Los Angeles Times, Wall Street Journal,
USA Today, Christian Science Monitor
RADIO—
Radio was very popular, and immediately became a way to share political information
NBC 1926
CBS 1927
ABC 1943
networks made it possible to for millions of people to hear the same things
700 public, and NPR (National Public Radio which is the radio counter part of PBS)
MAGAZINES—
since the mid-1700s
First political magazines—Harper’s Weekly and the Atlantic Monthly appeared in the mid-1800s
Public Agenda
media helps shape public agenda—what media reports will be what people will generally be
concerned with and think about
media can have the power to focus the public’s attention on a particular issue or ignore and
downplay other issues
examples??
Electoral Politics
TV has allowed candidates to be less dependent on their party because candidates can
appeal directly to the people.
TV has also put emphasis on the “image” of candidates because they are seen all the time.
Debates!
Few people follow international, national or even local politics very closely
people who do pay attention to politics are selective about where they get their information
newspapers are more in-depth coverage of issues, but few people read them
2-their primary focus is different—they don’t seek to elect people to office or control
government, just change it
3-the scope of their interests –they don’t express a range of issues, just one or things related to
one issue
Are they good or bad? What are the pros and cons?
pros: Alexis de Tocqueville
Valuable functions
regularly compete with one another in the public arena, limiting their influence
Criticisms
many do not in fact represent the views of all the people they represent or claim to
speak
labor union=organization of workers who share the same type of job or work in the same
industry
public-interest group=interest group that seeks to institute certain public policies of benefit to all
or most people in the country
Economic Based
Business Groups
Labor Groups
Agricultural Groups
Professional Groups
Religious Organizations
lobbying=activities by which a group pressures are brought to bear on legislators and the
legislative process
Major Goals
supply the public with information an organization thinks people should have—usually
supports the group’s interests
build a positive image for the group
generalities
symbols
bandwagon approach
wish to influence the behavior of political parties by keeping close ties with a party
some interest groups post “ratings” of members of Congress—based on the votes cast
on measures that those groups regard as crucial to their interests
they will make contributions, provide information, write speeches, draft legislation
Federal Regulation of Lobbying Act (1946) to regulate the actions of lobbyists required
lobbyists to register with the clerks of Congress, but allowed a loophole
Lobbying Disclosure Act of 1995 required registration of ALL individual lobbyists and
organizations that seek to influence Congress—they must give general information
about their group (name, address, place of business, general description of activities,
client information) and must make semiannual activity reports
session—(two sessions per term) period of time during which each year Congress
assembles and conducts business
Congress (or the Legislative Branch) is the clearest example of representative government and
is charged with the most basic governmental function in a democratic society—translating
public will into public policy in the form of law. (p.262)
Bicameral Congress
Constitution in Article I, Section 1 sets up a bicameral legislature, meaning there are two
houses of Congress.
Historical Reasons
most of the colonial assemblies had been and state legislatures were bicameral
Practical Reasons
Theoretical Reasons
Terms of Congress
terms used to begin in March because of the speed of communication and travel—
election results had to reach around the country and new lawmakers had to make their
way to Washington, DC
today terms begin “noon on the 3rd day of January” odd numbered years (set by 20th
Amendment in 1933)
Session of Congress
two sessions per term, one session each year (beginning at noon on the 3rd of January
unless otherwise appointed a different day by law)
second session is usually set to begin a few days or weeks into January
sessions used to last four or five months, but today Congress meets for most of the
year, with several short periods of “recess” each year
presidents can prorogue or “end” the session of Congress if the houses cannot agree on
an adjournment date—no president has exercised this power
Special Sessions
the Senate has been called alone 46 times to consider treaties or Presidential
appointment; the house has never been called alone
special sessions are now less likely because of how often Congress meets
reapportion—redistribute
single-member district—electoral district from which one person is chosen by the voters
for each elected office
Constitution does not set the size of the House, just that it should be apportioned
among the states on the basis of their respective populations
each state is guaranteed at least one seat
DC, Guam, Virgin Islands, and American Samoa elect a delegate to represent them and
Puerto Rico elects a resident commissioner—they are not full-fledged members of the
House of Representatives
Reapportionment
seats in House must be reapportioned after each decennial census (ten year)
as the population grew, so did the House, until it was seen as being too large to actually
achieve its goals
set permanent size of House at 435 (unless someday Congress decides to change it)
after each census, the Census Bureau determines how many seats each state should
have
Congressional Elections
since 1872, the Tuesday following the first Monday in November of each even numbered
year
exception is Alaska, which may hold its election in October, but has chosen so far to use
the November date
why?
Districts: there are 435 separate congressional districts across the country
districts are not in the Constitution, states used to decide whether to have an “at-large”
or a single-member district elections to choose their representatives
state legislatures are responsible for drawing the districts in their respective states
1842 law says that districts must be contiguous territory and nearly equal number of
inhabitants, then in 1901, compact territory
these requirements were often ignored, Congress made no attempts to enforce them,
they were left out of reapportionment act of 1929
Gerrymandering
since 1929, many State legislatures had drawn oddly shaped districts with widely
varying population
the practice is widespread today, districts for state legislators, in cities, counties, school
districts, et cetera
two forms
concentrate the opposition’s voters in one or a few districts, leaving other districts safe
for the dominant party
spread the opposition thinly among several districts, limiting ability to win anywhere
Georgia’s congressional districts were so widely different in population that they were
found to violate the Constitution
must be 25
custom (not law) says they should live in the district that they represent
legislator should be close to and understand the people, locale, and issues they
represent
the House of Representatives is the “Judge of the Elections, Returns and Qualifications
of its own members,” according to the Constitution
Informal Qualifications
party identification
name familiarity
gender
ethnic characteristics
political experience
continuous body—governing body whose seats are never all up for election at the same
time
Size
Constitution says that the Senate “shall be composed of two Senators from each State,”
began with 22 members in the first term, and ended the term with 26.
Framers hoped that the Senate being smaller would be more enlightened and
responsible than the House
Senators represent whole states, and so usually represent larger, more diverse
populations than Representatives
Election
since the 17th Amendment in 1913, Senators have been chosen by the voters in each
State
unless a state’s seat has been left vacant by death, resignation, or expulsion, only one
seat is up for election in any given election
Term
six-year terms
1/3rd of the Senate is up for re-election every two years, terms are staggered
longer terms make Senators less subject to the pressure of public opinion
larger constituency
Qualifications
higher qualifications than House
trustee—lawmaker who votes based on his or her conscience and judgment, not the
views of his or her constituents
partisan—lawmaker who owes his/her first allegiance to his/her political party and votes
according to the party line
politico—lawmaker that attempts to balance the basic elements of the trustee, delegate,
and partisan roles
535 members of Congress are not a true cross-section or representation of the population of
the country!
Nearly all the members are married (two children is the average).
Many are either Protestant or Roman Catholic, some Jewish, few say they have no religious
affiliation.
legislator
representative of constituents
committee member
servant of constituent
politicians
trustee
delegate
partisan
politico
committee members screen the proposals, decide which will go to the floor for
consideration and which will die in committee
through committees, Congress performs its oversight function, checking on and making
sure that the various agencies in the executive branch are working effectively and
following the policies and laws set
Servants: help their constituents that have various problems with federal bureaucracy
careful to respond to requests because all the requests come from voters!
Sentate President Pro Tempore, majority and minority leaders make $172,900
benefits
special tax deductions (because some maintain two residences, DC and home)
travel allowances
franking privilege
free printing
Library of Congress
Congress doesn’t want to raise its salary and upset the voters—so they use benefits
and allowances to make up for the salary in other ways
certainly, for the job they do, they deserve decent compensations
certainly people don’t run for Congress just for the salary!
Other Privileges
Constitution protects them from arrest except in cases of treason, felony and breach of
the peace protected speech and debate in the chambers—won’t be charged with libel or
slander due to anything they do in official conduct—allows for freedom of debate and
discussion when it comes to legislative matters (not designed to allow attack verbally or
defame another person)
Even though Congress deals with many different matters, it does have limits.
the government of the US is limited government
the US government is a federal government
Congress only has those powers delegated (granted, given) to it by the Constitution.
Large areas of power are denied to Congress by the Constitution through delegation, silence,
and the federal system.
Congress can’t: create a national public school system, require people to vote or go to church,
set minimum age for marriage or drivers’ license, abolish jury trials, confiscate all handguns, or
censor the content of newspaper columns or radio or television broadcasts.
Congress can exercise the powers the Constitution grants it. The Constitution grants powers
in three different ways:
expressed powers
implied powers
inherent powers
Power to Tax comes from Article I, Section 8, Clause 1, “to lay and collect Taxes, Duties,
Imposts and Excises, to pay the Debts and provide for the common Defense and general
Welfare of the United States….”
since the Articles of Confederation had not given Congress the power to tax, it was a
noticeably important power for the new Constitution to grant Congress.
most of the revenue of the National Government comes in the form of taxes
taxes are levied on a person’s income, property
Congress sometimes devises taxes for other purposes, the protective tariff is an example, it
does bring in revenue, but its purpose is to protect domestic industry against foreign industry
by increasing the cost of foreign goods
some taxes are for public health and safety, in order to manufacture or sell narcotics, people
must have the proper federal licensure—a form of taxation—licensure also helps to regulate
the industry
Limits on Taxation
cannot tax church services—violates the first amendment freedom of religion
cannot use tax as a condition for voting—violates the 24th amendment
(1) Congress may only tax for public purposes
(2) Congress may not tax exports
(3) direct taxes must be apportioned among the States according to populations
paid directly to the government
tax on the ownership of land, buildings
income tax (16th Amendment)
direct taxes, in proportion to population, would fall more heavily on some and so would be
unfair, so income tax is the only direct tax the government levies outside DC
(4) indirect taxes levied by the Federal Government must be at the same rate in every part of
the country (duties, imposts, excises)
these include taxes on alcoholic beverages, tobacco products, gasoline
indirect taxes are first paid by one person, then passed on to another
tax on cigarettes is first paid to the Treasury by the company, then passed on to the wholesaler,
to the retailer, to the person who buys the cigarettes
Borrowing: Article I, Section 8 Clause 2: Congress gets the power to borrow money on the
Credit of the United States
no Constitutional limits on the amount of money that Congress may borrow
no restriction for purpose
deficit financing, for decades the US has spent more than it makes in a year, borrows to make
up the difference
Depression of 1930s
World War II
fund programs
never showed a surplus between 1969 and 1998
public debt rises each year
Balanced Budget Act of 1997=promise to eliminate debt financing, surpluses followed in the
next few years
Era of surpluses was brief
sharp downturn in the economy
major tax cuts (under Bush administration)
onset of war on terrorism
The Commerce Clause, Article I, Section 8, Clause 3 gives Congress the power “to regulate
Commerce with foreign Nations, and among the several States, and with Indian Tribes.”
Congress gets to regulate interstate and foreign trade because the Articles of Confederation
didn’t
it has allowed the growth of a large economy
Gibbons v. Ogden, 1824, first case to reach Supreme Court involving the Commerce Clause
(p.297), changed the range of “commerce”
it defined commerce as interactions between nations, parts of nations, in all its branches
the issue had been over steamboat monopolies, thus ending the monopolies
after this decision, steamboat industry boomed as well as the railroad
commerce power has allowed for extension of the federal authority
Limits on Commerce Power
must be in accord with all other parts of the Constitution
cannot tax exports
cannot favor the ports of one State over another
cannot require that “Vessels bound to, or from, one State, be obliged to enter, clear or pay
Duties to another,” Article I, Section 9, Clause 6
could not interfere with the slave trade, at least not until the year 1808, Article I, Section 9,
Clause 1 (Slave-trade Compromise)
Currency Power: Article I, Section 8, Clause 5: coin money and regulate value, this power is
denied to the individual States
until the Revolution, the English money system was in place in the colonies
Articles of Confederation did issue money, but had no backing for it, making the money
worthless; states also issued currency
there was British, Spanish, US, and state currencies floating around in the US, making it
difficult to know what money was real and should be accepted as payment
Framers decided to end confusion; gave only Congress the power to coin money
has been one of the most important powers and tasks the Government performs
first, coins (gold, silver, other metals)
Bank of US chartered in 1791, began issuing paper bank notes (that were not legal tender—
paper money did not become legal tender until 1861)
new national paper notes were called Greenbacks—could not be redeemed for gold or silver
coin at the Treasury—their worth fell to less than half their face value
Supreme Court held the issuance of Greenbacks to be unconstitutional (Hepburn v Griswold,
1870, said “coin” meant to stamp metal and so did not authorize paper money)
Supreme Court changed its mind, in 1871, Legal Tender Cases and 1884, Juliard v. Greenman
paper money was held to be legal tender, and the issuing of paper money was proper use of
the power to coin money
War Powers: Article I, Section 8: 8 of these deal with war and national defense
shared powers with the President
ONLY Congress my declare war
Congress has the power to raise and support military
marque and reprisal—written grants of power authorizing private persons to outfit vessels to
capture and destroy enemy vessels in times of war—were forbidden by international law by the
Declaration of Paris 1856—US honors the rule
War Powers Resolution 1973—Congress claimed the power to restrict the use of American
forces in combat areas where a state of war does not exist
Naturalization
Congress has the power to set the rules for naturalization
Postal Power: Article I, Section 8, Clause 7: “to establish post offices and post roads”
post roads are all postal routes, railroads, airways, waters within the US during the time mail is
being carried on them
Ben Franklin is usually credited as the founder of the present-day postal system
38,000 post offices, branches, stations
750,000 employees
Congress has established postal crimes:
it is a Federal crime to obstruct mail
use the mail to commit fraud
or use the mail to commit any other crime
Congress has prohibited the mailing of certain items:
any article prohibited by a State’s laws cannot be sent into that State by mail (fireworks,
switchblades)
other items including chain letters or obscene materials cannot be sent by mail
State and local governments cannot unreasonably interfere with mail
States cannot require licenses for Postal Service vehicles
States cannot tax the Post Offices, or any property of the US Postal Service (down to the gas
used in the vehicles)
Copyrights and Patents: Article I, Section 8, Clause 8: grant copyrights and patents in order to
promote progress: intellectual property
copyrights are registered by the Copyright Office in the Library of Congress; they are good for
the life of the author plus 70 years; can be transferred to a publishing firm by mutual agreement
copyrights cover: books, magazines, newspapers, musical compositions and lyrics, dramatic
works, paintings, sculptures, cartoons, maps, photographs, motion pictures, sound recordings .
...
Copyright Office does not enforce the protections of a copyright, the owner may sue for
damages in court for infringement or violation of a copyright
patents give rights on “any new and useful art, machine, manufacture, or composition of
matter, or any new and useful improvement thereof”
patents are good for 20 years; terms may be extended by a special act of Congress
Patent and Trademark Office in the Department of Commerce administers patent laws
utility patents: useful processes, machines, articles of manufacture and compositions of matter
design patents: prohibit unauthorized use of new, original, and ornamental designs for
manufactured articles
plant patents: protect certain invented or discovered plant varieties
Trademarks are an implied power from the commerce power
trademarks are some distinctive word, name, symbol, or device used by a manufacturer or
merchant to identify his goods or services and distinguish them from those made or sold by
others
trademarks may be registered for 10 years and renewed unlimited number of times
trade secrets: information that companies keep secret to give them an advantage over their
competitors
Weights and Measures: Article I, Section 8, Clause 5: “fix the standard of weights and
measures”
reflects the need for accurate uniform gauges of time, distance, area, weight, volume, and the
like
1838 Congress set the English system: pound, ounce, mile, foot, gallon, quart
1866 Congress legalized the use of the metric system: gram, meter, kilometer, liter
1901 Congress created the National Bureau of Standards in the Commerce Department, now
the National Institute of Standards and Technology—keeps the original standards by which all
measures in the US are tested and corrected
Power over Territories and Other Areas: Article I, Section 8, Clause 17 and Article IV, Section
3, Clause 2: power to acquire, manage and dispose of various federal areas
power relates to Washington DC, Puerto Rico, Guam, Virgin Islands, military installations,
arsenals, dockyards, post offices, prisons, parks and forest preserves, and other federal
holdings
Federal Government may acquire property by purchase or gift or eminent domain
territory may also be acquired from a foreign state based on the power to admit new States, on
the war powers, and on the President’s treaty-making power
Judicial Powers
part of Checks and Balances
expressed power to create all of the federal courts below the Supreme Court and to structure
the Federal Judiciary
power to define federal crimes and set punishment for violators of federal law
Article I, Section 8: counterfeiting, piracies and felonies on the high seas, offenses against
international law
Article III, Section 3: treason
Congress has used its implied powers to establish more than one hundred other federal crimes
Electoral Duties
12th Amendment says that if no candidate wins a majority of the electoral votes for President,
the House of Representatives, voting by States, decides the issue
must choose from the three highest contenders in the electoral college balloting
each State gets one vote to cast
a majority of the States is necessary for the election
Senate has this power for the Vice Presidency
House has twice chosen a President—Thomas Jefferson in 1801 and John Quincy Adams in
1825
Senate had to pick a VP only once, 1837, Richard M. Johnson
25th Amendment—if the VP spot becomes vacant, the president nominates a successor,
Congress must approve with a majority vote in both houses
has been used twice, Gerald Ford 1974 then Nelson Rockefeller 1974
Impeachment
all civil officers of the United States may “be removed from office on impeachment for and
conviction of, treason, bribery, or other high crimes and misdemeanors,”
House of Representatives had the sole power to impeach (to accuse or bring charges)
Senate has the sole power to try (or judge) impeachment cases
requires a majority vote in the House to impeach
conviction requires 2/3rds vote in the Senate
Chief Justice presides over the Senate when a President is being tried
penalty for conviction is removal from office, and Senate may prohibit a convicted person from
ever holding federal office again
persons can then be tried in the regular courts for any crime involved in the events that led to
the impeachment
there have been 17 impeachments, 7 convictions (all persons removed by the Senate were
federal judges)
two Presidents have been impeached by the House, Andrew Johnson in 1868 and Bill Clinton
1998; the Senate voted to acquit both men
p. 312, Description of the Impeachment Process, with details from both impeachments
Richard Nixon 1974—resigned from office facing certain impeachment
Executive Powers
Appointments to office
the Senate confirms all major Presidential appointments
the nominees are referred to the appropriate standing committee of the Senate
hearings are held to decide whether or not to make a favorable recommendation to the full
Senate
rare for the nominations to be turned down by the Senate
“senatorial courtesy” comes into play with the appointment of federal officers who serve in the
various States—the Senate will turn down the appointment if it is opposed by a senator of the
President’s party from the State involved
implies that some senators can dictate presidential appointments??
Treaties
treaties are made “by and with the Advice and Consent of the Senate, . . . provided two thirds
of the Senators present concur.”
President used to ask the advice of the Senate
now Presidents usually consult members of the Senate Foreign Relations Committee and
influential members of both parties
Senate may accept or reject a treaty
Senate may offer amendments, reservations or understandings to a treaty
influential House members are often also consulted in the treaty-making process
Investigatory Power
Congress has the power to investigate any matter that falls within the scope of its legislative
powers
inquiries are held to
gather information useful to Congress to make legislation
oversee the operations of various executive branch agencies (oversight-function)
focus public attention on a particular subject
expose the questionable activities of public officials or private persons
promote the particular interests of some members of Congress
Chapter 12: Congress in Action: Congress Organizes!
Speaker of the House—presiding officer of the House of Representatives
president of the Senate—presiding officer of the Senate—the Vice President
president pro tempore—member of the Senate chosen to preside in the absence of the
president of the Senate (VP)
party caucus—(party conference) a closed meeting of a party’s House or Senate members
floor leader—members of the House and Senate picked by their parties to carry out party
decisions and steer legislative action to meet party goals
whip—assistants to the floor leaders in the House and Senate responsible for monitoring and
marshalling votes
committee chairman—member who heads a standing committee in a legislative body
seniority rule—unwritten rule in both houses of Congress reserving the top posts in each
chamber, particularly committee chairmanships, for members with the longest records of
service
Congress employs 30,000 people (some Congressional staff, some working in agencies
created—Library of Congress . . .)
Congress budgets several billion dollars to finance operations each year
In order to function, Congress must be organized!
Remember, terms begin on the 3rd day of January, every odd-numbered year (following the
November elections).
Presiding Officers: Constitution states each house of Congress have a presiding officer
Speaker of the House
presides over the House of Representatives
a very powerful position
elected by the House (majority party)
generally the acknowledged leader of the majority party (although this isn’t a rule)
Speakers are supposed to preside fairly and judiciously, but to also aid the goals of the majority
party
two major duties, to preside and to keep order
presides over every session (or appoints someone to preside)
members must be recognized by the Speaker of the House before they can speak
Speaker interprets and applies the rules of the House
refers bills to standing committees
rules on questions of procedure
puts motions to a vote
decides the outcome of votes
names the members of all select and conference committees (to be explained later)
signs bills and resolutions passed by the House
Speaker is still a member of the House and the representative to his/her district
Speaker may debate and vote
temporary presiding officer must be appointed during this time
Speaker does not often vote
Speaker of the house follows the Vice President in the presidential line of succession
Party Caucus
both houses of Congress are organized along party lines
Party Caucus is a closed meeting of the members of a party in each house
they happen before Congress convenes in January and occasionally during a session
often called a party conference today
mostly, caucus deals with the organization of the party—who will fill the party leadership spots
caucus often also are held to decide and encourage a decision on one bill or another
policy committee—party’s top leadership leads the caucus
Floor Leaders
not official positions, but party offices
try to carry out the party decision on the floor of Congress
chief spokesman of the party in the respective houses
need to be highly skilled in politics
majority floor leader has more power than the minority leader
assisted by whips
chosen by the caucus
there are a number of whips in the house because there are more members
whips are the link between party leadership and the rest of the party
they measure how many votes can be counted on in any particular matter so the party knows
where it stands
make sure party members are present for votes on important matters
encourage party members to vote with party leadership
try to make sure that if there are absent members on voting days there is an absent member of
the other party or at least a member who will not vote on the issue
Committee Chairmen
much of Congressional work actually happens within committees
Committee Chairmen hold important posts
they are chosen from the majority party
decide when the committees will meet
which bills they will discuss
if they will hold public hearings and what witnesses they will call
Chairmen manages debate on the floor for bills coming from their committee and try to steer
the debate to have the bill passed
Seniority Rule
unwritten custom
states that the most important posts in both houses will be given to the party members with the
longest records of service in Congress
usually applied to committee chairmen (usually the longest serving member of the majority
party on that committee)
Criticisms:
ignores ability
discourages younger/newer members of Congress
chairmen then also come from “safe” constituencies—a district that votes the same way,
election after election
with no contest, critics say these Congressmen are out of touch with public opinion
Defenders:
provides that a powerful and experienced member will head committees
eliminates squabbling for positions inside the party
in recent years, secret ballot has been used to choose some of the committee members and
chairmen
Rule in the House Republicans: limits the tenure of committee chairmen—no Republican
Chairman can serve more than six years as chairman
There is so much work to be done in Congress that the work must be divided.
In 1789 the House and Senate both decided to name special committees to focus on each bill
introduced. Too many committees were made, so in 1794, each house set up the standing
committees where bills that were similar could be sent for discussion.
Standing Committees
number of committees has changed over time
somewhere in the realm of 20 today
membership in committees varies also—House 10-75; Senate 14-28
House members are usually assigned to one or two committees; Senators to three or four
committees are where bills are thoroughly discussed
members usually respect the decisions made by committees
often bills do not make it out of committee to full floor discussion and vote
some committees are seen as more influential than others (of course, members try to get
positions on these committees) (List of all committees on page 330)
House leading committees are:
Rules
Ways and Means
Appropriations
Armed Services
Judiciary
International Relations
Agricultural
Senate leading committees are:
Foreign Relations
Appropriations
Finance
Judiciary
Armed Services
Banking, Housing and Urban Affairs
Most of the committees are “subject matter” committees, although a few are not
presiding officer of each house refers bills to their appropriate standing committee
standing committees are divided into subcommittees, further dividing the work
Select Committees
sometimes called special committees are put together for some special purpose for a limited
time, usually to investigate some current matter
members are appointed by the Speaker of the House or the President of the Senate
sometimes they are made for very exciting, historic issues, and other times for important—but
not exciting—things
Conference Committees are special committees put together to produce a bill that both houses
will accept when they have passed different versions of a bill and neither house will agree to
the other’s bill
Chapter 12: Congress in Action: How a Bill Becomes a Law: The House
bill—proposed law presented to a legislative body for consideration
joint resolution—a proposal for action that has the force of law when passed; usually deals with
special circumstances of temporary matters
concurrent resolution—a statement of position on an issue used by the House and the Senate
acting jointly; does not have the force of law and does not require the President’s signature
resolution—a measure relating to the business of either house, or expressing an opinion; does
not have the force of law and does not require the President’s signature
rider—unpopular provision added to an important bill certain to pass so that it will “ride”
through the legislative process
discharge petition—a procedure enabling members to force a bill that has been pigeonholed in
committee onto the floor for consideration
subcommittee—division of an existing committee that is formed to address specific issues
Committee of the Whole—a committee that consist of an entire legislative body; used for a
procedure in which a legislative body expedites its business by resolving itself into a committee
of itself
quorum—least number of members who must be present for a legislative body to conduct
business; majority
engross—to print a bill in its final form
Something like 10,000 measures are brought to Congress (either House or Senate) each term
(two years) of Congress! Very few ever become law, something like 10%.
joint resolutions are similar to bills and have the force of law when passed
deal with temporary matters
concurrent resolutions are for issues the House and the Senate must address together
do not have the force of law
usually used to state an opinion
Bill in Committee
fate of most bills is decided in committee
thousands of bills are introduced
many are “pigeonholed” meaning they die in committee
most bills deserve this?
if an pigeonholed bill is something the House wants to consider, members can force the bill to
discussion after it has remained in committee for 30 days with a discharge petition
any member my file a discharge motion
if it is signed by a majority (218) of members, the committee has seven days to report the bill
if not, any member that signed the motion can move the bill to the floor
bills that are discussed in committee are sent to a subcommittee
public hearings might be held to gather information about the subject where interested parties
might be asked to testify or present information
junkets (or trips) to locations affected might be taken
Even with the elaborate schedule, things are often even more complicated!
Rules Committee must grant each bill a “rule” before most bills can reach the floor= before they
can be taken from the calendar and set a time for appearance on the floor
by not granting a rule, the Rules Committee can kill a bill
rule can also set conditions for the consideration of a bill—for instance a time limit on floor
debate or prohibit portions of a bill
certain bills get privilege and may be called up any time
some days, the House suspends its rules (must be approved by 2/3 vote of members present)
suspending rules can allow a measure to move quickly through the steps
HOWEVER, the rules are very important to keep things organized since the House is so large
all the calendars and the rules committee serve to help the House handle the heavy and often
very different work load
if a bill does reach the floor of Congress, it first has its second reading
many bills are minor and are dealt with quickly
important bills are often considered under a Committee of the Whole
a parliamentary device for speeding debate
all members are part of the committee
instead of a majority quorum of 218 members, and Committee of the Whole only needs 100
members present
Speaker steps down, another member presides
bill gets second reading, section by section
at each section, amendments may be offered
5-minute rule gives supporters and opponents 5 minutes to make their cases
votes are take on each section and its amendments
when the bill has been read fully, the House dissolves the committee
Speaker resumes his or her position, and adopts the work of the committee
regular floor debate in the House is limited due to its large size
in 1841 a rule was adopted to forbid any member from holding the floor for more than one hour
without unanimous consent to speak for longer
since 1880 Speaker can force members not speaking on topic to give up the floor
majority and minority floor leaders decide how floor debate time will be split
at any time any member may “move the previous question”
this demands a vote on the issue
if the motion to move passes, 40 minutes of closing debate are allowed
this is the only motion that can close or end debate
VOTING
bills can be voted on many times
all amendments must be voted
procedural motions might be offered
the bill will be voted on finally
methods of voting
voice votes: the Speaker calls and judges the “ayes” and “noes”
members can call for a standing vote if they feel the voice vote was not correctly judged
teller vote can be demanded by 1/5th: tellers are chosen from each party and count the votes
for and against
teller votes are rare, usually replaced by electronic voting
roll-call vote can be demanded by 1/5th
1973 House put in a computerized voting system
replaced for all quorum calls and replaced also roll-call votes
48 stations on the floor allow members to use a personalized key card to make their vote: yea,
nay, present
master board above Speaker’s chair shows each member’s vote
15 minutes for quorum calls or record (roll-call) votes
Speaker will lock the board at the end of the voting period, creating a permanent record
(Senate does not use electronic voting, but uses voice, standing, and roll-call because it is
much smaller and doesn’t take as much time)
if a bill has been approved at second reading it is engrossed (or printed) in final form, read a
third time, and voted on for the final time
if passed, Speaker signs and sends bill to Senate
Introduction
Senators introduce bills when they are formally recognized for that purpose
measures are given numbers (beginning with S for Senate)
read twice
referred to committee
Senate proceedings are less formal because the body of people is smaller
After Committee, there is only one calendar
Bills are referred to the floor for debate by the majority leader
Debate
Senators may speak on the floor for as long as they like
they are not required to stay on topic
there is no “move the previous question” to end debate
discussion is usually ended by unanimous consent
“two-speech” rule—no senator may speak more than twice on any measure in the same day
recessing rather than adjourning continues the “legislative day”, limiting a senators speech to 2
on any measure
freedom of debate is intended to fully and freely discuss matters
Filibuster
attempt to over-debate a bill and delay the final vote on the bill, forcing either the killing of a bill
or the changing of a bill
Senator Huey Long 1935 spoke for more than 15 hours, reading the telephone book and
recipes
Senator Glen Taylor 1947 talked about his children, Wall Street, baptism, and fishing for 8
hours
Senator Strom Thurmond, in a one-person effort against the Civil Rights Act 1957, held the
floor for 24 hours and 18 minutes (he failed, by the way)
practice is often used in the Senate
when a filibuster appears, rarely enforced rules become important
senators must stand, not lean, sit or walk as they speak
they may not use unparliamentary language
Cloture
Cloture is the check on filibuster, it is a Standing Rule of the Senate, first adopted in 1917 after
the most famous filibuster ever
just before US entered WWI, President Wilson asked Congress for legislation to permit the
arming of American merchant vessels—passed the House quickly, but died in the Senate
because of filibuster until the end of the term
cloture limits debate, it must be voted upon two days after submission of the petition calling for
the action has been submitted by 16 members, 60 members must vote for the motion (3/5ths of
the Senate), if it passes, 30 more hours of floor time may be spent, then the measure must be
brought to a final vote
it is difficult to invoke cloture—many senators are hesitant because they do not want to destroy
free debate in the Senate or undercut the value of filibuster if they ever chose to use it—it is
also difficult to get the 60 votes!
Conference Committee
all bills must be passed by both houses!
when bills are amended in either house or the houses pass different bills on the same subject
matter and refuse to both accept either bill, conference committees are needed
joint committee of both houses
restrict conference to matters in a bill which the two houses disagree
no new material (often changes are made that were not considered by either house)
the compromise bill is submitted to both houses and must be accepted or rejected without
amendment
What Can the President do???
when bills are passed in both houses, they go to the President
sign it and it becomes a law
veto the bill (refuse to sign it)
measure is returned to the house in which it originated, with the President’s objections (veto
message)
Congress may pass the bill into law against the President’s wishes with a 2/3rds vote of each
house, but seldom does
President may allow the bill to become law without signing it
not acting in 10 days (except Sundays) of receiving it
pocket veto: if Congress adjourns within 10 days of submitting the bill to the President and the
President does not act, the bill dies
In the Constitution
Chief of State—the President is the ceremonial head of government, a symbol of the nation
Chief Executive—given the executive power by the Constitution in foreign and domestic affairs
Chief Administrator—the President directs the entirety of the Federal Government
Chief Diplomat—leads American foreign policy and is the nation’s spokesperson
Commander in Chief—leads the armed forces of the nation (Army, Airforce, Navy, Marines, et
cetera can be under the direct control of the President)
Chief Legislator—can set the legislative agenda; suggest, request, insist, demand or initiate
major legislation in Congress
Not in the Constitution, but roles he must fill for other reasons
Chief of Party—generally thought to lead his or her party
Chief Citizen—“representative of all the people” working for and representing the public
interest against private interest
Some Presidents have even taken it upon themselves to be the “moral leadership” of the nation
—Franklin Roosevelt.
That’s a lot to think about and a lot to do every day!
The way that Presidents go about performing all of these jobs can affect how they are
perceived as well as their ability to perform the job.
for instance, if as commander and chief and chief diplomat the president enters into an
unpopular war, it can lessen his or her abilities or effectiveness as the Chief of State or Chief
Legislator
Presidential Qualifications
natural born citizen—a citizen at birth
jus soli—of the soil, born as US citizen in the US
jus sanguinis—of the blood, born of US parents, not necessarily on US soil
anyone see problems with or contradictions to this rule?
be at least 35 years old
lived in the US for at least 14 years
These are only the formal qualifications, the informal are much of what allows the election of a
President, the formal are quite easy to meet.
Presidential Terms
After much debate, 4 years terms with the eligibility for reelection were decided for Presidents.
Constitution had originally put no limits on the number of terms a president could serve, just
that terms would be 4 years.
The first President George Washington refused to seek more than two terms and so the two-
term limit became tradition.
President Franklin Roosevelt broke the tradition—seeking and winning a third and then fourth
term with much support.
After Roosevelt, the 22nd Amendment 1951 formally limited presidents to two terms.
Why is this an important limit? Why does it need to be a formally stated in the Constitution?
Today, a President can serve a maximum of two FULL terms, or no more than 10 years in
office (if a Vice President becomes President half-way through the term, they may finish out
their predecessor’s term then seek two full terms of his or her own)
Framers of the Constitution spent much time discussing the method for choosing the President
did not trust popular direct vote of the people or a vote by Congress
decided upon the Electoral College
Original Electoral College
Each State: presidential electors=number of senators and representatives in Congress
electors chosen in each State in a manner directed by State legislature
electors would cast two votes, each for a different person for President (top 2 choices)
electoral votes counted before a joint session of Congress
person receiving largest number of electoral votes, providing that it was a majority, became
President
person with second largest number of votes became VP
tie, or no majority, the President would be chosen by the House of Representatives, voting by
States
if a tie for second, VP chosen by Senate
PROBLEMS!
election of 1800 broke down the original system
parties had developed, each party had nominated Presidential and Vice Presidential
candidates
parties also nominated electors (that would if elected cast their votes for their parties
candidates) *not the plan of the Framers
73 Democratic-Republicans who won posts as electors voted for his party’s nominees,
Jefferson and Burr
TIE! between Jefferson (Presidential candidate) and Burr (VP candidate) for President
*OOPS!
House had to take 36 ballots before arriving at Jefferson as President
1800 election brought 3 new things to presidential elections
party nominations for president and vp
nomination of candidates for presidential electors with pledges for votes
automatic casting of electoral votes according to pledges
12th Amendment
separated the presidential and vice presidential elections
National Party Conventions are held to formally decide and announce Presidential and Vice
Presidential candidates
Presidential opinion:
Presidents often choose whether they are going to be strong or weak presidents—will they
take a broad or narrow view of their powers
The President’s Oath of Office actually states that the execution of the office will be
undertaken. (p. 393)
Ordinance Power—
Executive Orders: directive, rule, or regulation that has the effect of law
Appointment Power—
President appoints certain top-ranking officials in the Federal Government
ambassadors, diplomats
Cabinet members and top aides
Heads of independent agencies
federal judges, US Marshals and attorneys
officers of the armed forces
Congress must approve these appointments.
Removal Power—
not technically in the Constitution, but assumed
President may remove those positions he appoints, without consent of Congress, EXCEPT for
federal judges
Recognition—
acknowledgement of the legal existence of a country and its government
opens diplomatic relation with that country—sends and receives diplomatic representatives
Persona non grata: when diplomatic relations fail and the representatives of a country become
no longer welcome
Military—
Commander in Chief means the President may send troops , whenever, wherever, potentially
making undeclared war.
(Remember Congress actually declares war.)
War Powers Resolution is the check on the power to send troops, but potentially
unconstitutional. Congress has yet to enforce it when a president refuses to do so.
within 48 hours after committing American forces, President must report to Congress detailing
the circumstances and scope of actions
commitment must end within 60 days unless Congress agrees to a longer period, 30 days
allowed for safe withdrawal
Congress may end combat commitment at any time, by passing a concurrent resolution
Legislative powers:
President my recommend legislation to Congress
President may veto legislation passed by Congress. (Line-item veto existed for a short time.)
President may call a special session of Congress.
Judicial Powers:
reprieve
pardon
clemency
commutation
amnesty
These powers are used by the President usually the end of their term in office.
Chapter 15: Government at work: The Bureaucracy
What is a bureaucracy?
efficient and effective way to organize people
hierarchical authority—chain of command running from top to bottom of a pyramid structure
job specialization—each bureaucrat has certain defined duties and responsibilities
formalized rules—established rules, procedures, regulations
Benefits
can speed action by reducing conflict over who focuses on particular jobs
decisions are based on set rules and procedures
organization of the work
Three major groupings inside the Executive Branch: Executive office of the President,
Executive Departments, Independent Agencies (p.417)
Naming of agencies is difficult—they have many different titles, some with different meanings.
department—agencies of Cabinet rank
agencies—often used to refer to any governmental body, ones given the status in name are
often near-cabinet positions
administration—similar to agency
commission—usually regulate something,
corporation or authority—usually conduct business-like operations,
staff agencies—support,
line agencies—actually perform a task,
Chapter 15: Government at Work: Bureaucracy: The Executive Offices of the President
These are:
National Security Council,
Office of Homeland Security,
Office of Management and Budget,
Office of Faith-Based Community Initiatives,
Office of National Drug Control Policy,
Council of Economic Advisors,
Office of Policy Development,
Council on Environmental Quality,
Office of the VP,
Office of the United States Trade Representatives,
Office of Science and Technology Policy,
Office of Administration,
Secretaries and the attorney general make up the Cabinet=an informal advisory body brought
together by the President to serve his needs.
Cabinet is a product of custom and usage.
In order of creation: (p.426)
State
Treasury
Defense
Inferior
Agriculture
Commerce
Labor
Health and Human Services
Housing and Urban Development
Transportation
Energy
Education
Veterans Affairs
Homeland Security
Article II, Section 2, Clause 2 gives the direction about staffing the federal bureaucracy.
the President “shall nominate, and by and with the Consent of the Senate, shall appoint
Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other
Officers of the United States, whose Appointments are not herein otherwise provided for, and
which shall be established by Law: but the Congress may by Law vest the Appointment of such
inferior Officers, in the Courts of Law, or in the Heads of Departments.”
“Spoils System”
Presidents starting with Washington favored members of their own party to be governmentally
appointed employees. John Adams and then Thomas Jefferson continued the tradition of
filling those jobs with party members.
President Andrew Jackson though is most notably known for creating what was called the
spoils system.
When he became President, he cleared the some 2000 government employees and replaced
them with members of his own party, supporters, and friends. The practice also known as
patronage, was widely used at all levels of government and had been set as tradition.
Because the new spoils system was not without its own flaws, corruption grew inside the
government. Reform became necessary.
Congress created a Civil Service Commission in 1871—but it was underfunded.
President Garfield was actually shot by a disappointed office-seeker in 1881, pushing
the stunned, horrified nation to reform the hiring and staffing processes.
Pendleton Act
President Chester Arthur (successor to Garfield) passed the Pendleton Act (The Civil Service
Act) in 1883, it served to make merit the basis for hiring in the federal work force.
Pendleton Act set up two categories of executive branch employment
classified—hiring based on merit and was measured by “practical” examinations given by the
Civil Service Commission
unclassified
Today, most, about 90%, of government employees in the executive branch are classified
employees.