Congress, Presidency, Judiciary & Civil Rights

• Study notes on the Congress, Presidency, Bureaucracy, Judiciary, and Civil and Political Rights

Congress

• The collective action problem arises due to many members having different objectives.
• Congress's influence on public policy, checks and balances, political accountability, and electoral implications make understanding it important.
• Congressional committees perform most of the work by reviewing bills, holding hearings, and deciding which bills move forward.
• Congressional leadership guides the legislative agenda, decides what gets voted on, and leads party efforts.
• Fenno’s constituencies are the groups a member of Congress serves.
  • Geographic Constituency: All people living in the represented district or state.
  • Re-election Constituency: Voters likely to re-elect the member.
  • Primary Constituency: Loyal supporters, like party activists.
  • Personal Constituency: Close advisors and friends.
• The steps for how a bill becomes law include
  • Introduction of the bill by a member of Congress.
  • Review of the bill by a committee.
  • Debate and voting by the full House or Senate if approved by the committee.
  • Referral to the other chamber for a vote
  • If there are differences between the two chambers' versions, they meet to work out a compromise in a conference committee
  • The president then can Approve the bill to become a law or veto it
• Three forms of representation include
  • Delegate Model: Representatives follow the wishes of their constituents.
  • Trustee Model: Representatives make decisions based on their own judgment.
  • Politico Model: Representatives act as a delegate on some issues and as a trustee on others.
• Oversight authority allows Congress to monitor and review the actions of the executive branch, ensuring laws are followed and preventing abuse of power.
• The “power of the purse” is Congress's ability to control government spending and decide how money is allocated.
• Important congressional rules include
  • Filibuster: Senators delay or block a vote on a bill by talking indefinitely.
  • Cloture: Ends a filibuster with a vote; requires 60 senators.
  • Hold: A senator requests to delay a bill from being voted on.
  • Rules Committee: Decides the rules for how a bill will be debated and voted on in the House.

Presidency

• The president’s role has evolved from limited to more responsibilities in leading the military, managing foreign policy, and influencing laws.
• Appointment power allows the president to choose people for key government positions, shaping the government and its policies.
• The Cabinet is made up of the president’s closest advisors, including heads of executive departments, helping the president make decisions and run the government.
• Three classifications of government include
  • Divided Government: The president and Congress are controlled by different political parties.
  • Quasi-Divided Government: One party controls the presidency and a part of Congress.
  • Unified Government: The same political party controls the president and both chambers of Congress.
• The Executive Office of the President supports the president in managing the executive branch and includes key offices like the National Security Council and the Office of Management and Budget.
• Powers of the president include
  • Formal Powers: Powers explicitly given to the president by the Constitution, like vetoing bills, commanding the military, and making treaties.
  • Inherent Powers: Powers implied by the president’s role as head of government, like executive orders or responding to emergencies.
• The powers of Congress and the judiciary balance the president’s formal and inherent powers, preventing any branch from becoming too powerful.
• The "power to persuade" is the president’s ability to convince others to support their policies, helping to push through laws and achieve goals.
• The presidential roles are
  • Chief Executive: Carries out laws and manages the government.
  • Commander in Chief: Leads the military.
  • Chief Diplomat: Handles foreign relations and makes treaties.
  • Chief Legislator: Proposes laws and influences Congress.
  • Head of State: Symbolizes the country.
  • Economic Leader: Helps manage the economy.
  • Party Leader: Leads their political party.
• The vice president can step in as president, break ties in Senate votes, and serve as an advisor and representative.

Bureaucracy

• The Pendleton Act (1883) created a merit-based system for hiring government employees, overseen by the Civil Service Commission.
• The spoils and merit system differ
  • Spoils System: Government jobs were given to loyal supporters, regardless of their qualifications.
  • Merit System: Government jobs awarded based on skills and qualifications, which became the norm after the Pendleton Act.
• The bureaucracy is organized into various agencies and departments, implementing government policies and delivering services under appointed heads.
• Rulemaking is the process through which bureaucratic agencies create rules and regulations to carry out laws passed by Congress.
• The principal-agent problem occurs when elected officials (the principal) rely on bureaucrats (the agents) to carry out policies, but the bureaucrats might have their own interests or lack accountability
• The principal-agent problem is important for understanding the bureaucracy because it shows how bureaucrats might act in ways that don’t align with the desires of elected officials or the public.
• Two forms of oversight include
  • Police Patrol Model: Regular monitoring of government agencies by Congress.
  • Fire Alarm Model: Congress waits for problems to arise and then steps in to address them.
• An iron triangle is a close relationship between a government agency, a Congressional committee, and an interest group, promoting policies that benefit all of them.

Judiciary

• Judicial review is the power of courts to examine laws, executive actions, or policies to see if they are constitutional.
• Marbury v. Madison is the landmark case that established the principle of judicial review.
• Federal judges and justices are nominated by the president and confirmed by the Senate and serve for life.
• A case works its way through the federal court system through
  • District Courts (trial courts) that hear cases first.
  • Court of Appeals hears cases if appealed
  • Supreme Court can hear a case if it chooses
• The two types of court jurisdictions are
  • Original Jurisdiction: The authority of a court to hear a case for the first time.
  • Appellate Jurisdiction: The authority of a court to review the decision of a lower court.
• A writ of certiorari is an order from the Supreme Court to review the decision of a lower court.
• Amicus curiae briefs are documents filed by non-parties to provide additional information or arguments.
• Checks on court power include
  • Legislative Checks: Congress can pass new laws or amend the Constitution to override judicial decisions.
  • Executive Checks: The president can enforce (or not enforce) court rulings.
  • Public Opinion: Courts may be influenced by public views or face political pressure.
• Types of judicial opinions include
  • Majority Opinion: The decision agreed upon by most justices.
  • Dissenting Opinion: Written by justices who disagree with the majority.
  • Concurring Opinion: Written by justices who agree with the decision but for different reasons.
• Theories of judicial interpretation include
  • Originalism: Interpreting the Constitution based on its original meaning.
  • Living Constitution: Interpreting the Constitution to account for changes over time.
• The place of judicial power within the American system of checks and balances includes
  • Executive: The president appoints judges, and the executive enforces court decisions.
  • Legislative: Congress can amend the Constitution or pass new laws to counteract court decisions.
  • Judicial Independence: Courts are independent and can rule without direct influence from the other branches,

Civil and Political Rights

• Incorporation refers to the process by which the Bill of Rights was applied to state governments through the 14th Amendment.
• The Equal Protection Clause is part of the 14th Amendment and states that no state can deny any person "equal protection of the laws"
• Key criminal rights protecting individuals accused of crimes include
  • Right to remain silent (Miranda rights)
  • Right to an attorney (Sixth Amendment)
  • Protection from double jeopardy (Fifth Amendment)
  • Protection from cruel and unusual punishment (Eighth Amendment)
  • Right to a fair trial (Sixth Amendment)
• The Americans with Disabilities Act (1990) prevents discrimination against people with disabilities in employment, transportation, and public accommodations.
• Brown v. Board of Education declared racial segregation in public schools unconstitutional and overturned the Plessy v. Ferguson decision.
• The Civil Rights Act of 1964 outlawed discrimination based on race, color, religion, sex, or national origin.
• In Dred Scott v. Sandford, the Supreme Court ruled that African Americans were not U.S. citizens and declared the Missouri Compromise unconstitutional and was subsequently overturned by the 13th and 14th Amendments.
• Gitlow v. New York expanded freedom of speech protections to state governments under the 14th Amendment.
• Griswold v. Connecticut established the right to privacy regarding contraceptives.
• Obergefell v. Hodges legalized same-sex marriage nationwide under the 14th Amendment.
• Roe v. Wade legalized abortion nationwide, protecting a woman’s right to choose under the 14th Amendment.
• Title IX prohibits discrimination based on sex in educational programs that receive federal funding.
• The Voting Rights Act of 1965 banned racial discrimination in voting, eliminating barriers that prevented African Americans from voting.
• In West Virginia State Board of Education v. Barnette, the Supreme Court ruled that students could not be forced to salute the flag or say the Pledge of Allegiance.