Checks and Balances in US government

• Powers are widely distributed, checks prevent power usurpation among the three key institutions: Congress, the presidency, and the courts.
• The bureaucracy implements policy and can exercise discretion, acting as an extension of the executive branch or a fourth branch.
• Checks and balances prevent any one branch from becoming too powerful, leading to cooperation and competition between Congress and president.

Congressional Powers

• Established in Article I of the Constitution.
• Congress is bicameral, with the Senate representing states equally and the House representing each state's population.
• Congress passes laws covering a wide range of policy areas and has different rules for each chamber.
• Congress and the president must cooperate and compromise on the federal budget.
• The president proposes a budget, which can lead to debate.
• Ideological differences can make legislation difficult to pass.
• Most congressional work is done in committees, which oversee the bureaucracy.

Presidential Powers

• Powers are expressed in Article II of the Constitution.
• The president has significant informal power that has grown.
• Congress checks presidential power, leading to domestic and foreign affairs tension.
• Presidential and Congressional powers are related; the president must sign legislation passed by Congress into law.
• The Senate must confirm the president's appointment of judges and cabinet members.
• The president oversees most of the bureaucracy.
• Technology has impacted the president's use of the "bully pulpit" to sway public opinion, reaching audiences through social media, televised press conferences, and State of the Union addresses.

Federal Bureaucracy

• Uses a merit-based civil service system for staff besides top-level political appointees.
• Implements laws to regulate individual and commercial activities.
• Bureaucrats have discretionary and rule-making authority.
• Both Congress and the president ensure bureaucratic accountability and may conflict over administrative agency actions.

Basic Congressional Requirements

• House of Representatives:
  • 435 members, based on state population.
  • Minimum age is 25 years old, requiring 7 years U.S. citizenship.
  • 2-year term length, and representation based on the population of the district.
• Senate:
  • 100 members, with 2 senators per state.
  • Minimum age is 30 years old, requiring 9 years U.S. citizenship.
  • 6-year term length, and representation covering the whole state.

Powers of Congress:

• Enumerated Powers: Specific powers Congress granted.
• Implied Powers: Powers from enumerated powers and the necessary and proper clause.
  • Powers are not specifically stated, but implied.
  • Enumerated and implied powers are listed in Article 1, Section 8 of the Constitution.
  • Implied powers are found in Article 1, Section 8, Clause 18.

Economic Powers of Congress:

• Taxation
• Coinage of money
• Regulation of commerce
• Authority to provide for national defense

Necessary and Proper Clause:

• Used because it is broadly interpreted, it allows the government to do almost anything not prohibited by the Constitution.

Differences in Policy-Making Process:

• House of Representatives: Initiates revenue bills and has impeachment power.
• Senate: Presidential appointment confirmations and treaty ratifications. The Senate holds impeachment trials.

Special Notes on Congress:

• Structures, powers, and functions impact the policy-making process.
• Both chambers rely on committees for hearings and debates, but constitutional responsibilities affect policy-making.

Congressional Leadership:

• House of Representatives:
  • Speaker of the House is a primary leadership officer, appoints members to the Rules Committee, and wields great power individually.
  • Legislation opposed by the Speaker is unlikely to pass.
• Senate:
  • The Vice-President of the United States serves as President of the Senate, with a primary ceremonial role and tie-breaking vote.

Impact of Procedures, Rules, and Roles in Policy-Making:

• Filibuster: Senators attempt to defeat a bill by talking indefinitely in the Senate.
• Cloture: Requires 60 senators to cut off debate, limiting members to 30 additional hours of debate.
• Discharge Petition: In the House, a member can bring a bill to the floor if a committee has had it for 30 days, with a majority vote required for discharge.
• Treaty Ratification: Senate gives consent to treaties proposed by president.
• Confirmation of Judges: Senate ratifies treaties and confirms presidential appointees.
• Rules Committee: "Traffic cop" of the House sets the legislative calendar and issues rules for debate.
• Senate confirmation is vital for appointment powers.
• The longest presidential influence is judicial appointments.

Impact of Discretionary and Mandatory Spending:

• Discretionary Spending: Governments can spend through an appropriations bill.
• Mandatory Spending: Must be enacted each year by law and is not dependent on reviews by committees of Congress.
• Pork Barrel Legislation: Legislation that gives tangible benefits to constituents to win votes.
• Logrolling: Vote trading to support a colleague's bill for future support.
• Congress must balance discretionary and mandatory spending in the budget.
• Discretionary spending will decrease if entitlement costs grow unless tax revenues increase or the budget deficit increases.

Congressional Behavior and Governing Effectiveness:

• Divided Government: Different parties control the White House and Congress.
• Partisan: Strong allegiance to a political party can lead to unwillingness to compromise.
• Bi-Partisan: When two political parties work together to common goal.
• Trustee: Elected representatives listen to constituents' opinions and use their best judgment to make decisions.
• Delegate: Representatives speak or act on behalf of an organization.
• Politico: Representatives act as trustees or delegates, depending on the issue.
• Ideological divisions within Congress can lead to gridlock. Elections leading to a divided government can result in partisan votes against presidential initiatives.
• Coalitions in Congress are affected by term-length differences.

Gerrymandering and Redistricting:

• Gerrymandering: Districts are drawn to the advantage of the dominant party.
• Redistricting: Redrawing district lines following the census to accommodate population shifts.

Court Cases and Constitutional Principles:

• Baker v. Carr (1962): Federal courts can intervene in state legislative redistricting to guarantee “one man, one vote.” Article III and the 14th Amendment.
• Shaw v. Reno (1993): Race cannot be the sole factor in drawing legislative districts. 14th and 15th Amendments. Gerrymandering, redistricting, and unequal representation have addressed by court decisions.

Federalism:

• Expressed/Enumerated Powers: Powers explicitly given to Congress are in the Constitution. Powers to levy taxes, regulate commerce/currency, declare war, raise an army, authority over the U.S. Navy and allow foreigners to become citizens.
• Implied Powers: Powers inferred from the express powers allow Congress to carry out its functions.
• Concurrent Powers: Powers held jointly by the national and state government. Collect tax and borrow money, Set up court system, Create laws to maintain health and safety.
• Reserved Powers: Powers not granted to the federal government or denied to the states belong to the states/people. Regulate trade, Marriage laws, Conduct elections.

Grants:

• Programs provide money to state and local governments on the condition that funds be employed for federally defined purposes, such as aid to families with dependent children.
• Societal needs affect the constitutional allocation of power between the national and state governments.

Incentives:

• Alternative to command-and-control; market-like strategies, such as rewards used to manage public policy.

Federal Revenue Sharing:

• Mandates: Terms the national government sets that states must meet whether or not they accept federal grants. Categorical Grants: Grants used for specific purposes with strings attached, such as nondiscrimination provisions.
• Block Grants: automatically given to states/communities to support broad programs/services; community development.

Balance of Power:

10th Amendment: Reserved to states; provides Federalism idea. 14th Amendment: Citizenship to former slaves. Commerce Clause: Power to regulate business activities.

McCulloch v. Maryland (1819):

• Congress can create a national bank (implied powers). Implied Powers, Article VI, and the 10th Amendment.
• Supremacy Clause: the Constitution and federal laws are supreme.
• Reserved powers.

United States v. Lopez (1995):

• Gun-Free School Zones Act is unconstitutional; possessing a gun act of commerce. Commerce Clause and the 10th Amendment.
• Reserved powers.

Presidential Power:

• Expanded beyond expressed constitutional powers.
• Formal: Veto-power to refuse measures; Pocket-Veto-president does not sign within 10 days.
• Informal: Executive Orders-Directive issued by the president.
• Formal: Treaties- agreement.

Executive Agreements:

• Agreement is made and does not require Senate approval. Bargaining/Persuasion: Tools to get Congress to agree with legislative priority; Signing Statements.
• Issued to clarify legislation; legal status is uncertain.
• In crises, presidents justify increased powers.

Presidential uses power:

• To accomplish policy agenda and often lead to conflict with Congress.
• Perspectives on the presidential role is in contemporary events.

Presidential and Congressional Tension:

• Members of Congress accountable to states/districts. Presidents are accountable to the nation.
• Tensions often lead to conflict.

Tensions with Senate:

• Cabinet Members: the Senate Confirmation can be politically disagreed.
• Ambassadors: Senate confirmation can be politically disagreed.
• White House Staff: Nomination/legistlation legislation in the senate.

Governmental branches holding the bureaucracy accountable:

• Congress: Formal: Legislation, advice treaty power, treaty power. Informal: through Media.
• President: Informal: Veto power, Commander
• Courts: Through Supreme Court; discretion in accepting cases.