Congress: National Goals and Local Interests

Congress: Balancing National Goals and Local Interests

• In early Congress, state capitals held more power, leading to high turnover.
• Modern Congress characterized by career politicians with a 90% incumbent reelection rate.

Advantages of Incumbents

• Incumbents benefit from constituent care and pork-barrel spending.
• Incumbents receive 85% of PAC spending.
• Incumbents have advantages via staff, free mailings, name recognition, and redistricting.

Disadvantages of Incumbents

• Incumbents are vulnerable to disruptive issues, scandals, midterm elections, and low voter turnout.
• Primary elections increases vulnerability.
• Senators face stronger challengers.

Congressional Elections

• House Representatives must be 25 years old with 7-year residency, while Senators must be 30 years old with 9-year residency.
• Successful candidates are often business executives, lawyers, bankers, educators, or journalists.
• High financial barriers contribute to underrepresented demographics.

Parties and Party Leadership

• Congress is a bicameral legislature where party caucuses plan strategies.
• Party leaders have weaker power than in other countries.

Party Unity in Congress

• There is an Increased partisan divide in Congress.
• Roll-call votes reflect party unity.

Committees and Committee Leadership

• The House has 20 Standing Committees, while the Senate has 16.
• Other committees include Select, Joint, and Conference committees.
• Committee membership mirrors party ratios; House members serve on 2 committees, Senators on 4.
• Committee chairs from the majority party are based on seniority.

How a Bill Becomes a Law

• A bill must be submitted by a member of Congress.
• There are multiple steps to become law.

Filibuster

• The filibuster is a minority tactic to delay votes through prolonged speaking.
• Cloture requires a 3/5 majority (60 votes) to end debate.
• The filibuster remains controversial with calls for its elimination.

Major Functions of Congress: Lawmaking

• Congress creates laws for national governance.
• Fragmentation aids specific policymaking but hinders broad initiatives.

Major Functions of Congress: Representation

• Representation involves debate between representing states/districts and national issues.
• Partisan divisions hinder effectiveness, resulting in low public approval.

Major Functions of Congress: Oversight

• Congress ensures proper enforcement of laws by the executive branch.
• Oversight is conducted through committee hearings.
• Oversight increases when Congress opposes the White House.
• Executive privilege can withhold sensitive information.

Foundations of the Modern Presidency

• Article II defines roles: Commander in Chief, Chief Executive, Chief Diplomat, Legislative Leader.
• Broad language provides flexibility.

The Changing Conception of the Presidency

• Whig Theory: President should follow Congress.
• Stewardship Theory: President leads unless Constitution forbids it.

The Need for a Strong Presidency

• There is a need for a strong presidency due to increased complexity in executing laws.
• A strong president offers foreign policy leadership.
• Executive Orders & Agreements bypass Congress.

Qualifications

• Presidential requirements: 35 years old, natural-born citizen, 14-year U.S. resident.
• The 22nd Amendment limits presidents to two terms.
• Campaigns demand substantial funding.

Selecting the President

• The Electoral College, now tied to popular vote, was initially independent.
• Primaries and caucuses (Iowa & NH first) influence nominations.
• 270 electoral votes determine the winner; most states use the unit rule.

Electoral College Debate

• Criticism of the Electoral College has grown, especially after the 2016 election.
• There are continuous calls to keep, reform, or eliminate it.

Staffing the Presidency

• Appointees: Cabinet secretaries, federal executives, and ambassadors.
• Vice President: The Vice President has a limited constitutional role; duties depend on the President.
• Executive Office of the President (EOP): Includes White House Office, OMB, NSC.

Challenges in Presidential Leadership

• Control is difficult due to the large bureaucracy.
• Conflicting interests exist within executive agencies.
• Loyalty to departments can override presidential priorities.

Presidential Power & Influence

• The Honeymoon Period is characterized by early support for new presidents.
• Power declines over time; influence diminishes during the Lame Duck period.
• Presidents are stronger in foreign policy than domestic affairs.
• Relations with Congress: Veto power, persuasion, challenges in divided government.

Public Support & Media

• Approval ratings drop post-honeymoon.
• Presidents use media (bully pulpit) to shape public opinion.
• High expectations often lead to disappointment.

Judicial Foundations

• Article III established the judiciary as an independent branch.
• The Supreme Court was created, and Congress can establish lower courts.
• Judges are nominated by the president, confirmed by the Senate, and serve lifetime appointments.

Supreme Court Jurisdiction

• Original Jurisdiction: First to hear cases involving foreign diplomats or state disputes.
• Appellate Jurisdiction: Reviews cases involving the Constitution, federal laws, and regulations crossing state or national boundaries.

Case Selection

• Appeals come from lower courts in case selection.
• Four justices must agree to hear a case (Rule of Four).
• The Court issues a writ of certiorari to request case records.
• Few cases are accepted; The Supreme Court reverses lower court rulings 75% of the time.

Court Hearings

• Attorneys present oral arguments (30 min each).
• Justices discuss and vote privately in a judicial conference.

Issuing Decisions & Opinions

• Decision: Declares the winning party.
• Opinion: Explains the legal reasoning.

Types of Opinions

• Majority: Agrees on legal basis.
• Plurality: Agrees on decision, not reasoning.
• Concurring: Agrees with outcome, differs on reasoning.
• Dissenting: Disagrees with majority.
• Per curiam: Unsigned court decision.

Other Federal Courts

• 94 District Courts: Lowest level and primary trial courts.
• 13 Courts of Appeals: Hear district court appeals.
  • 11 cover geographic circuits.
  • 1 covers D.C. jurisdiction.
  • 1 handles patents & international trade.