Evolution of Media Landscape

• Newspapers and magazines are considered old media, while television and the internet are new media.
• A third of adults believe the internet fosters extremist opinions and misinformation.
• The internet functions as an unregulated political news market.
• Social media platforms like Twitter have become highly popular.

Periods of Journalism

• Party Press: Newspapers were aligned with and sponsored by political parties amid transportation challenges and high costs.
• Popular Press: Technologies like the penny press and telegraph resulted in mass readership, with newspapers becoming less reliant on parties and more on advertising.
• Magazine of Opinion: A growing middle class rejected sensationalist yellow journalism.
• Muckrakers: They exposed behind-the-scenes corruption.
• Electronic Journalism: Radio and television enabled politicians to directly address audiences with shorter sound bites.
• The "Big Three" networks (ABC, CBS, NBC) dominated until the 1990s.
• Internet Era: Characterized by social media, small advertisements, globalization.
• There is a decline in competition, with fewer dominant daily newspapers.

Structure of Media

• National newspapers wield national influence due to broad circulation and readership among political elites (e.g., NYT, Wall Street Journal).
• Much of the American press consists of locally owned news outlets.
• FCC regulations decentralize the broadcast industry.

Rules Governing Media

• The First Amendment protects against prior restraint.
• In the US, suing for libel is harder compared to the UK.
• Radio and television licenses must be renewed.
• There has been deregulation of broadcasting, reducing government's content-shaping role.
• "Equal Time Rule": FCC mandates equal broadcasting time for political candidates.
• Reporters advocate for the right to keep sources confidential.

Landmark Cases

• Near v. Minnesota (1931): Freedom of the press applies to state governments, preventing prior restraint on newspapers.
• New York Times v. Sullivan (1964): It Requires public officials to prove malice in libel suits.
• Miami Herald v. Tornillo (1974): Newspapers cannot be forced to provide a right of reply to stories.

Selective Attention and Media Roles

• Selective Attention: People focus on news they agree with and ignore inconsistent messages.
• Agenda Setting (Gatekeeper Role): National media influences which issues become national political concerns.
• Scorekeeper Role: Media tracks political reputations, presents contests as wins and losses, leading to horse-race journalism.
• Watchdog Role: Media investigates personalities and reveals scandals, leading to an adversarial press.
• Many news leaks occur in the US government due to the separation of powers and competition between branches.
• The lack of an Official Secrets Act enhances leaks.
• An adversarial press and "attack journalism" have emerged since Vietnam and Watergate.
• Sensationalism (clickbait) exaggerates issues for attention.

Congress vs. Parliament

• People disapprove of Congress as a whole but trust their own representatives and senators.
• There is a belief that Congress focuses too much on special interests and acts slowly.
• Incumbency advantage exists for those already holding office.
• Parliament: Members appointed by party leaders, strict party lines.
• Congress: Members elected by the people, less rigid party lines.

Bicameral System

• House of Representatives: 435 members, two-year terms.
• Members have one major committee assignment.
• The Speaker has significant power.
• Committees typically consider legislation first.
• Scheduling and roles controlled by the majority.
• More rules and structure, strong Rules Committee.
• Debates are shorter.
• Senate: 100 members, six-year terms.
• Members have two or more major committee assignments.
• Easier to challenge referral decisions.
• Schedules and rules agreed upon by both majority and minority.
• Weaker Rules Committee.
• Filibusters occur in the Senate ONLY.

Congressional Behavior and Committees

• Congressional officials have decentralized power.
• Diversity has increased in Congress but it is still not fully representative of the US.
• Representational Theory: Voting based on constituent desires.
• Organizational Theory: Voting to gain favor in Congress.
• Attitudinal Theory: Voting based on personal beliefs.
• Party loyalty, constituent desires, personal beliefs, and interest group influence affect votes.
• Standing: Permanent committees handling specific policy areas.
• Select: Temporary or permanent, focusing on specific issues.
• Joint: Includes members from both House and Senate, handling investigative tasks.
• Conference: Resolves differences between House and Senate versions of a bill.

How a Bill Becomes Law

• A bill is introduced and sent to a relevant committee for approval or rejection.
• If approved, the bill goes to the floor for debate, amendments, and a vote.
• It moves to the other chamber, where it can be changed, approved, or rejected.
• The revised bill returns to both chambers for a final vote.
• The bill becomes law if the President signs it, does nothing, or Congress overrides a veto.

Exceptions to Filibuster and Congressional Privileges

• There are two exceptions to the filibuster rule (Senate only): budget reconciliation and Supreme Court justices.
• Cloture is used to end debate.
• There have been 112 overrides of presidential vetoes, most recently in 2020.
• An earmark is specific funding for a local project.
• Franking privilege allows members to mail letters to constituents for free using their signature instead of postage.

President vs. Prime Minister

• President: Elected by the public, not closely tied to Congress.
• Prime Minister: Chosen by Parliament, responsible to Parliament, part of the majority party in Parliament.
• The Founders wanted three branches with shared power and anticipated conflicts.
• Divided Government: Presidency and Congress controlled by different parties.
• Americans dislike divided government due to perceived political paralysis (gridlock).
• Unified Government: Same party controls the presidency and Congress.
• Gridlock forces compromise between parties.

Powers of the President

• Powers include serving as Commander in Chief, commissioning officers, granting pardons, convening special sessions of Congress, and receiving ambassadors.
• powers shared with the Senate: appointing high officials and making treaties.
• powers shared with Congress: approving legislation.
• The Electoral College and term limits were created due to concerns about presidential power.
• Andrew Jackson minimized Congress's role, while Congress's power grew back after Lincoln.

Vetoes and Landmark Cases

• Veto Message: The president explains reasons for vetoing a bill to Congress.
• Pocket Veto: The President withholds action on a bill within ten days while Congress is adjourned.
• Legislative veto: Congress blocks a presidential action.

Cases to Know

• United States v. Nixon (1974): Presidents have the right to confidential advice but must reveal material related to a criminal prosecution.
• Nixon v. Fitzgerald (1982): Presidents are immune from lawsuits for actions taken in office.
• Clinton v. Jones (1997): Presidents can be sued for actions taken before office.

Structuring Presidential Staff

• Pyramid Structure: Subordinates report through a clear chain of command headed by a chief of staff.
• Circular Structure: Assistants report directly to the president.
• Ad hoc Structure: Multiple subordinates, cabinet officers, and committees report directly on different matters.
• The Office of Management and Budget (OMB) is the most important agency.

Appointments, Electoral College, and Presidential Influence

• Presidents appoint experts, not just government officials.
• A signing statement is a presidential document explaining the president's view of a new law.

• of Reps + # of Senators = Total Electoral Electoral Votes for State.

• A faithless elector votes differently than promised.
• A demagogue is a leader who appeals to the masses.
• Presidents are chosen by states, not directly by the people.
• Congress increasingly defers to the president, increasing presidential power.
• There are not line-item vetoes at the federal level.
• Bully Pulpit describes how a president uses their office to advocate for goals and influence public opinion.

Federal Government and Bureaucracy

• There are approximately 3-4 million people in the federal government.
• Excepted Service: An exception is made to competition that normally happens.
• Competitive Service: Based on open competition and merit.
• "Bureaucracy" is often associated with waste and inefficiency.
• It is viewed more neutrally by scholars as an administrative system for managing complex tasks.
• The federal government has expanded responsibilities such as environmental protection and food safety.
• Agencies include the Environmental Protection Agency (EPA) and the U.S. Department of Justice (USDOJ).
• The U.S. has an “adversary culture."
• The U.S. Constitution vests authority over the bureaucracy in Congress and the president.

Government by Proxy and Bureaucracy Growth

• Government by proxy involves Washington paying states, localities, nonprofits, or private contractors to administer federal programs.
• Advantages include flexibility, specialization, and a smaller federal workforce.
• Disadvantages: accountability gaps.
• Presidents can remove appointed officials without congressional approval.
• Spoils System: Presidents placed loyalists in office.
• Post–Civil War industrialization fostered federal regulatory powers.
• Many agencies primarily served citizens.
• The 1930s Depression and the New Deal led to more agencies regulating the economy and providing social services.
• WWII led to unprecedented use of federal income taxes to fund war.
• 9/11: The creation of the Department of Homeland Security in 2002 consolidated 22 agencies.

Bureaucratic Protections and Congressional Oversight

• It is difficult to fire or demote a career bureaucrat.
• Career bureaucrats develop expertise and loyalty to the agency.
• Congress authorizes and appropriates programs.
• Deep State: Refers to unelected officials influencing policy.
• Iron Triangle: A mutually beneficial relationship between a government agency, congressional committee, and interest group.
• Issue Network: A broad collaboration of bureaucrats, legislators, interest groups, academics, and media around policy issues.
• Red Tape: Bureaucratic rules that cause inefficiency due to balancing accountability and sluggishness in decision-making.

US Bureaucracy vs Unitary and Other Countries

• The U.S. executive branch has less control.
• Federalism means agencies share power with state and local governments.

Judicial Nominations and Scrutiny

• The Senate confirms federal judicial nominees, but the confirmation rate has declined since 1970.
• judicial nominations, especially to the Supreme Court and federal appeals courts, have become increasingly contentious.

Judicial Philosophies and Legal Concepts

• Judicial Restraint: judges should apply rules stated or clearly implied by the Constitution's language.
• Activist Approach: Judges should discover general principles underlying the Constitution and laws, applying them to modern circumstances.
• Standing: Requires actual controversy, demonstrable harm, and generally not just taxpayer status.
• Sovereign Immunity: Citizens cannot sue the government without its consent.
• Class-Action Suits: They are brought by someone on behalf of themselves and all others similarly situated.
• In Forma Pauperis: It allows poor individuals to have their cases heard in federal court without charge.
• Fee Shifting: It allows a prevailing plaintiff to recover costs from the defendant in certain cases.
• Writ of certiorari: An order by a higher court directing a lower court to send up a case for review.
• Stare Decisis: Current cases are settled based on prior similar rulings.
• Amicus Curiae ("friend of the court") Briefs: They are lobbying the Court.
• Political Question: An issue the Supreme Court may defer to the executive and legislative branches to decide.
• Litigation only applies to civil law.
• It’s easier to file frivolous lawsuits.

Congressional Influence on the Judiciary

• Confirmation Process: The Senate can reject nominees.
• Impeachment: It can impeach and remove judges for misconduct.
• Number of Judges: Congress can alter the size of the Supreme Court and create new judgeships.
• Jurisdiction: Congress determines the jurisdiction of lower federal courts and the appellate jurisdiction of the Supreme Court.
• Legislation: Congress can pass new laws or constitutional amendments to overturn Supreme Court decisions.
• Supreme court → court of appeals → district courts.

Key Cases

• Marbury v. Madison (1803): Upheld judicial review of congressional acts.
• McCulloch v. Maryland (1819): The Supremacy of federal law over state law was affirmed.
• Martin v. Hunter’s Lessee (1816): The Supreme Court can review decisions of the highest state courts if they involve a federal law or the Constitution.
• Dred Scott Case (1857): It was ruled that African Americans were not citizens.
• Ex parte McCardle (1869): Allowed Congress to change the appellate jurisdiction of the Supreme Court.
• Brown v. Board of Education (1954): The unconstitutionality of state-sponsored segregation in public schools was found.
• Reno v. ACLU (1997): The "communications decency" provisions of the Telecommunications Act of 1996 was declared declared unconstitutional.
• National Federation of Independent Business v. Sebelius (2012): Upheld the individual mandate of the Affordable Care Act..