PO227 Midterm Review PDF

PO227 - Midterm Review Non Midterm Items 1. The Constitution Definition It establishes clear principles to guide the governments’ operations and decision-making processes. Define the responsibilities of each role to ensure accountability and transparenc...

PO227 - Midterm Review Non Midterm Items 1. The Constitution Definition It establishes clear principles to guide the governments’ operations and decision-making processes. Define the responsibilities of each role to ensure accountability and transparency. It outlines the rules governing the organization's conduct, similar to political systems. Acknowledge the challenges of amending foundational rules, emphasizing the need for careful consideration and broad consensus in making changes. Features/Characteristics 1. Originalism - The U.S. Constitution has a fixed and knowable meaning at the time of its drafting, and should be applied literally to the letter of the law (what was written on paper), an objective meaning. 2. Living Constitution - takes into account changes to society, living organisms that change with time.  Significance Autonomy meant that Americans became increasingly accustomed to running their own affairs Outlines how society is to be governed A formal institution that is the fundamental law of a political system/country Weakness of the federal government must be addressed Articles: 1. Congress (the legislative branch) 2. The President (the executive branch) 3. The Courts (the judicial branch) 4. Amendments to the Consitution 2. Polarization Definition Shapes divisions along political, social, and ideological beliefs and opinions Normal and healthy for a democracy, challenge is needed to shape identity, to hold governments accountable. Features/Characteristics  Individuals increasingly identify strongly with their political party, often viewing the opposing party as a threat. A widening gap exists between democratic and republican ideologies, affecting public opinion on various issues, from healthcare to immigration. Significance Polarization hampers effective governance, making it difficult to address pressing issues such as healthcare, climate change, and economic inequality Polarization affects the quality of public discourse, leading to a focus on rhetoric and ideological purity rather than pragmatic solutions and respectful debate. 3. The Great Compromise Definition Also known as the Connecticut Compromise, was an agreement reached during the Constitutional Convention of 1787 that established the framework for the United States Congress. It sought to balance the needs of both small and large states in the legislative process. Features/Characteristics Established a legislature in which all the states were equally represented in the Senate This led to the establishment of a bicameral legislature in the United States Congress.  Significance The compromise aimed to balance the interests of both large and small states, ensuring neither group dominated the legislative process. Provided a foundation for other compromises, such as the election of the president Midterm Review Items 1. Separation of Powers Definition Division between 3 separate but equal branches of government (executive, legislative, judiciary). The principle is enshrined in the U.S. Constitution, which outlines the powers and responsibilities of each branch and provides for a system of checks and balances to ensure that no single branch becomes too powerful. Features/Characteristics Executive (enforces laws) Legislative (makes laws) Judiciary (interprets laws)  Significance No one branch is more powerful than another, ensuring that no one branch becomes too powerful and each branch can check the actions of other branches 2. Checks and Balances Definition There are three branches of government which interplay, cooperate, compromise, and compete. Each branch has its domain, and it exercises authority over its jurisdiction without interference from the other branches, producing a system of checks and balances. Features/Characteristics Legislative vs. executive – congress can obstruct the policy initiatives of the president (defeat presidential policy recommendations, deny presidential budget requests, delay/reject presidential appointments, hold committee hearings to spotlight misconduct) and limit presidential powers (power of the purse, waging war, impeachment), the president can veto bills passed by Congress and issue executive orders to carry out its policies Significance Each branch acts as a check on the other branches  Prevents abuses of power and protects individual liberty. By dividing power among the three branches of government, the system ensures that no one branch can dominate the others or exceed its constitutional authority. The system is intentionally designed to lead to gridlocks/conflicts as a symptom of the checks and balances. 3. Congress Definition Makes up the legislative branch of the US government. Responsible for making laws and carrying out other important functions related to the governance of the country and is considered to be one of the most important institutions in the US political system. Bicameral system: 1. upper body – Senate 2. lower body – House of Representatives Features/Characteristics Congressional elections take place every 2 years on the first Tuesday after the first Monday in November. States control what elections for senators and Representatives look like (time, place, manner of elections) Generally, there is a public dislike of the Congress, however, Congress is habitually re-elected despite low popularity because of the incumbency advantage (money, name  recognition, organization, resources, etc.) Independent power - less bound to the party line than members of parliament (parliamentary system), members of Congress are free to express their views and vote as they see fit. Significance Framers of the Constitution believed that Congress would be the ‘first branch’ of the government, wielding the most important powers (ex. Taxes, spending, ability to declare war) Congress is responsible for passing legislation that governs the country, including bills related to taxes, spending, foreign policy, defence, and many other areas of public policy. Congress also has the power to impeach and remove government officials, such as the President, Vice President, and federal judges, for misconduct or other reasons. Congress is also a critical component of the system of checks and balances that prevents any one branch of government from becoming too powerful. Congress exercises oversight over the executive branch, ensuring that it is carrying out its duties by the law, and can also override presidential vetoes and enact laws even against the president's wishes. The puzzle of polarization - Congress has become more polarized since 1970 but it is debated whether that polarization is a reflection of society or if there is a disconnect between interactions in society and their representatives. Many factors have contributed to the gridlock and stagnation in Congress, but there are specific structural issues that push out independents and soft partisans and lead to the system favouring those already in power: - Excessive gerrymandering - forces lawmakers to run for office in districts that are becoming increasingly on-sided - Media - has become an echo chamber conforming to existing views  - Money in politics and campaign finance laws - outside groups with no accountability to voters can spend large sums of money to influence elections 4. House of Representatives Definition The United States House of Representatives is the lower chamber of the United States Congress, meant to represent the popular will. Composed of 435 members, each of whom represents a congressional district in one of the 50 states. Features/Characteristics The House of Representatives is 4x larger than the Senate, more institutionalized, hierarchical, and disciplined (party loyalty is more common) than the Senate- 2-year terms- All revenue-raising bills must originate in the House Each state is guaranteed at least one member of the House of Representatives. The allocation of seats is based on the population within the states, and membership is reapportioned every 10 years The House has the constitutional right to initiate impeachment proceedings and originate revenue bills.  Significance Shares equal responsibility for lawmaking with the U.S. Senate The House is responsible for introducing bills and amendments, debating and voting on them, and sending them to the Senate for further consideration House of Representatives is responsible for representing the interests of the American people at the federal level. Members of the House are elected by their constituents to represent their needs and concerns, and they work to advance policies that reflect the interests of their constituents. The House has important oversight responsibilities, including the power to investigate government activities and hold government officials accountable. Through its committees and subcommittees, the House can conduct hearings, issue subpoenas, and compel testimony in order to ensure transparency and accountability in government. 5. ‘The Power of the Purse’ Definition Refers to Congress’ “real power” centring on their power of collecting taxes and spending money Features/Characteristics Constitutional power vested in Congress, allowing them to control the actions of the executive by withholding funds or stipulating conditions on the use of funds  Significance The power of the purse plays a critical role in the relationship between the United States Congress and the President of the United States and has been the main historical tool by which Congress has limited executive power. The Power of the Purse gives Congress an important check on the power of the executive branch, particularly the President, who is responsible for administering the federal budget. 6. The Speaker of the House Definition The Speaker of the House is the political and parliamentary leader of the House of Representatives. The presiding officer of the United States House of Representatives, Features/Characteristics This individual, who is chosen by the majority party, presides over debate, appoints members of select and conference committees, and performs other important duties; speakers are second in the line of presidential succession (following the vice president). Significance  The most significant role in the House of Representatives is that of speaker of the House. Responsible for leading the House of Representatives, presiding over debates, and enforcing the rules of the House. The Speaker also plays a critical role in the legislative process, including setting the House's agenda, determining which bills are considered for debate and vote, and appointing members to committees. Third in the line of succession to the presidency, after the vice President and the president pro tempore of theSenate 7. Senate Definition The Senate is one of the two parts of the United States Congress, with the House of Representatives being the other. It represents the states in the federal government and is important for making laws, approving treaties, and confirming appointments made by the President. Features/Characteristics Each state, regardless of population size, is represented by two senators, ensuring equal representation for all states in the Senate. Senators serve six-year terms. This longer term allows them to be less susceptible to rapid changes in public opinion compared to House members, who serve two-year terms  Significance The Senate serves as a check on the powers of the House of Representatives and the executive branch, particularly through its powers to confirm appointments and ratify treaties. The Senate ensures that each state has an equal voice in the legislative process, regardless of population. This feature helps balance the interests of smaller and larger states in the federal government. 8. Senate Majority Leader and Minority Leader Definition United States Senate is one of the two houses of the legislature (Congress) of the United States, established in 1789 under the Constitution. Features/Characteristics Composed of 100 members, with each state represented by two Senators who are elected for six-year terms Has the power to ratify treaties, confirm federal judges, remove an official from office after they have been impeached by the house (beyond the powers of the House) The Senate also adjudicates impeachment proceedings initiated in the House, 2/3 majority is necessary for conviction  Significance Both party leaders also called floor leaders serve as the spokesperson for their party's positions on the issues and coordinate their respective legislative strategies. The Majority Leader also plays a key role in negotiating and building support for legislation, both within their party and across the aisle. They work closely with committee chairs, other Senators, and the White House to craft legislative proposals and build support for their party's priorities Minority Leader plays an important role in shaping the Senate's legislative agenda, particularly through their ability to use the filibuster to block legislation. They are responsible for building support within their party and working with members of the majority party to find areas of compromise and reach legislative solutions 9. Filibuster Definition A procedural tactic used in the Senate to delay or prevent a vote on a bill or nomination by using prolonged speech(es) made to delay action in a legislative assembly Also known as an Invoke Cloture (60 votes needed to end the filibuster and vote on action/bill) Features/Characteristics Once a bill gets to a vote on the Senate floor, it requires a simple majority of 51 votes to pass after the debate has ended. But there’s a catch: before it can get to a vote, it  takes 60 votes to cut off debate, which is why a 60-vote supermajority is now considered the de facto minimum for passing legislation in the Senate. Under original Senate rules, cutting off debt required a motion that passed with a simple majority. But in 1806, after Vice President Aaron Burrargued that the rule was redundant, the Senate stopped using the motion. This change inadvertently gave senators the right to unlimited debate, meaning that they could indefinitely delay a bill without supermajority support from ever getting to a vote. This tactic is what we now know as a filibuster The filibuster once reserved for the most controversial issues but more recently has been used much more Significance The Senate does not face the same problems of slow planning and action as the House due to their smaller size and the filibuster developed as a result. This means that a small group of senators can bring the system to a halt. This gives power to the minority party in the Senate to block legislation or nominations The filibuster could doom many of the proposals they have championed, including meaningful reforms on issues ranging from health care to climate change to gun control. Behind this dysfunction, the filibuster also has a troubling legacy: it has often been used to block civil rights legislation intended to combat racial discrimination. 10. Congressional Committees (i.e., standing, select, joint) Definition A legislative sub-organization in the United States Congress that handles a specific duty (rather than the general duties of Congress) Types of Committees: - Standing - Select/special - Joint Features/Characteristics Each committee is chaired by a member of the majority party. Almost all bills are first referred to a committee. Standing – more or less permanent bodies with specific legislative responsibilities (oversight responsibility to hold accountable government agencies and programmes) Select/special – groups appointed for a limited purpose, which do not introduce legislation and which exist for only a few years Joint – made up of both Representatives and Senators(resolve differences in bills between the House and Senate, ensures both bills are the same before they go to be passed) Significance Legislative Committees are where the real work of members is conducted (legislation is discussed, compared, evaluated, issues are identified, and bills are chosen to go to the full chamber) The significance of Congressional Committees lies in their ability to specialize in particular policy areas, conduct in-depth investigations, and provide expertise and  recommendations to the full Congress. By dividing the workload of Congress into smaller, specialized committees, Members of Congress can focus on specific issues and work more efficiently. Additionally, committees provide a forum for Members of Congress to work across party lines, build relationships, and develop expertise in particular policy areas. 11. How a Bill becomes Law Definition Step 1: The bill is drafted Step 2: The bill is introduced Step 3: The bill goes to committee Step 4: Subcommittee review of the bill Step 5: Floor Debate of the bill Step 6: Voting by the full chamber on the bill Step 7: Referral of the bill to the other chamber Features/Characteristics Step 1: The bill is drafted – any member of Congress – either from the Senate or the House or Representatives – who has an idea for a law can draft a bill. These ideas come from the Congress members themselves or everyday citizens and advocacy groups. The primary Congress member supporting the bill is called the "sponsor". The other members who support the bill are called "co-sponsors". Step 2: The bill is introduced – if a Representative is the sponsor, the bill is introduced  in the House. If a Senator is the sponsor, the bill is introduced to in the Senate Step 3: The bill goes to committee Step 4: Subcommittee review of the bill Step 5: Committee mark up of the bill – they make changes and amendments prior to recommending the bill to the "floor". If a committee votes not to report legislation to the full chamber of Congress, the bill dies. If the committee votes in favour of the bill, it is reported to the floor. This procedure is called "ordering a bill reported". Step 6: Voting by the full chamber on the bill Step 7: Referral of the bill to the other chamber Step 8: The bill goes to the president If vetoed: Step 9: Overriding a veto - If both the Senate and the House pass the bill by a two-thirds majority, the President's veto is overruled, and the bill becomes a law. Significance Gives insight into how different branches of government must work together to pass a bill, demonstrating the system of checks and balances implemented 12. Divided/unified government and gridlock Definition A divided government refers to when one party controls the White House and the other party controls one or both houses of Congress. Unified government, on the other hand, occurs when one political party controls both the executive and legislative branches of government.  Features/Characteristics The majority of congressional and presidential elections produce a divided government. A divided government and a unifying government do about equally well when responding to important issues Gridlock is an intentional symptom of checks and balances built into the system Significance The significance of divided and unified government lies in their impact on the legislative process and the ability of the government to pass legislation The significance of gridlock lies in its impact on the ability of the government to function effectively and address the needs of the American people. When the government is unable to pass legislation or make important policy decisions, it can lead to frustration among the public and a lack of confidence in the government Americans believe divided government produces hyper-partisanship, but whether it creates a gridlock is unclear and if true, whether it is good or bad is further debated 13. Powers of the President (Article II of US Constitution) Definition The powers of the president (vaguely defined under Article II of the US Constitution) list three types of power: 1. expressed (explicitly listed in the Constitution) 2. delegated (passed from Congress) 3. inherent (assumed), greatest source of power Features/Characteristics Framers debated about the contours of the president’s powers so that the executive would have adequate power to respond to threats while still being held accountable. Key powers of the president include: - Commander in Chief: The President is the commander in chief of the military and has the power to direct military operations. - Appointment Power: The President has the power to appoint federal judges, ambassadors, and other high-ranking officials, subject to Senate confirmation. - Veto Power: The President has the power to veto bills passed by Congress, although Congress can override a veto with a two-thirds majority vote. - Diplomatic Power: The President has the power to negotiate treaties and conduct foreign affairs.- Pardon Power: The president has the power to pardon individuals convicted of federal crimes, except in cases of impeachment.- - Executive Order Power: The President has the power to issue executive orders, which have the force of law and can be used to implement policy initiatives. Significance The illusion of presidential government today – the presidency is at the centre of national attention (”the presidential age”) to the point that many Americans believe that the president holds more power than they do. The misconception is not unfounded: the modern presidency is more powerful than in the 19th century. Presidents must acquire,  protect, and expand their power, often due to the mismatch between what the public expects of the president and their ability to deliver on those expectations. 14. Constitutional Ambiguity and Presidential Power Definition Constitutional ambiguity refers to situations in which the language or meaning of the United States Constitution is unclear or subject to interpretation. This ambiguity can create uncertainty and controversy, particularly in cases where different branches of government or political actors have differing interpretations of the Constitution's provisions. Features/Characteristics Increasingly important power is the execution (implementation) of laws passed by Congress. This puts the executive branch of power in the position of implementing laws. Significance Constitutional ambiguity is the real source of presidential power, not found explicitly in the Constitution. 15. The President and Military Action Definition The President is the Commander in Chief of all the armed forces of the United States—the Air Force as well as the Army and the Navy. Features/Characteristics Constitutionally delegated responsibility for the conduct of United States foreign relations is held by the president The President's power to order military action is also subject to checks and balances from other branches of government. Congress has the power to declare war and to appropriate funds for military action, which can limit the President's ability to act unilaterally. Additionally, the judiciary has the power to review the constitutionality of military action and to limit the President's power if it is deemed to violate the Constitution Significance The President's power to order military action is significant because it allows them to act quickly and decisively in response to threats to national security. This power has been used by Presidents throughout US history However, the use of military force is often controversial and can lead to significant political and social upheaval 16. Electoral College Definition The system by which the president and the vice president are chosen in the United States. Because of the size and diversity of the US, the direct election was not favoured by the framers of the Constitution. They were worried that larger states would have more representation than smaller ones in population. The Electoral College was a compromise between directly elected by the people and elected by Congress (a compromise between small state and large states) Features/Characteristics Each state selects electors in whatever manner it wishes (all but two states, Maine, and Nebraska, have a winner-take-all system) Each state has a minimum of electoral college votes, the number of votes increases with population based on how many representatives the state has When people cast their vote, they are voting for a group of people called electors. The number of electors each state gets is equal to its total number of Senators and Representatives in Congress. A total of 538 electors form the Electoral College. Each elector casts one vote following the general election. Advocates for reform have passed the National Popular Vote (NPV) bill that ensures that their state's electoral votes would be cast for the winner of the national popular vote even if that person was not the winner of the state’s popular vote Significance  There is debate over how democratic the Electoral College is. There have been incidents where the winner of the presidential election was not the popular choice of the people. Supporters of the system claim that it protects the interests of small states which would otherwise be ignored if the president was elected directly 17. Presidential Veto Definition The Power to Say ‘No’ - if a president disapproves of a bill passed by both houses of Congress, he may veto it in one of two ways 1. Veto Message 2. Pocket Veto Features/Characteristics 1. Veto Message - a statement that the president sends to Congress accompanying a bill, has to be within 10 days after a bill was passed by Congress, in a note the president gives his reasons for not signing it, it then gets blocked, and Congress can respond. - A bill with a veto message can be passed over the president’s objections if at least two-thirds of each house votes to override the veto 2. Pocket Veto: If the president doesn’t sign the bill within 10 days and Congress adjourns within that time, then the bill won’t become law. A bill that has received a pocket veto cannot be brought back to time and cannot be brought into the next session. A bill not signed in 10 days during the session, goes into law anyway.  - This blockage can only be used during a certain time of year, only at the end of a session - Presidents can also use this just before special elections or summer recess If Congress wants to pass a bill that has been vetoed it has to be restarted President must either accept or reject the entirety of the bill (i.e., cannot line-item veto, which is a power many governors possess, they can reject narrow parts of a bill they disagree with) Congress can put items into a bill that the president would not normally allow and trick the president into passing certain things into law Since Washington, there have been over 2500 vetoes, and about 4% have been overridden by Congress. The Supreme Court struck down a law that gave the President more veto powers Significance This tool (or concept) is significant because it is a clear manifestation of the system of checks and balances in the US political system. Some Presidents have used signing statements to claim the power to ignore certain provisions of a law or to reinterpret the law in a way that is different from what Congress intended Both presidential veto and signing statements are important tools in the US political system that can have significant impacts on policy and the balance of power between the legislative government. As such, they are closely watched by policymakers, legal scholars, and the public 18. Executive Privilege and Impoundment of Funds  Definition Presidential claims to executive privilege (exemption from divulging confidential information between President and his executive staff). Impoundment is an act by a President of the United States of not spending money that has been appropriated by the U.S. Congress Features/Characteristics The notion of executive privilege was based on two grounds: separation of powers and statecraft (i.e., the president must have access to private advice) - Doctrine, one branch cannot have access to information into the other branches to maintain separation of powers - Statecraft, freedom to govern effectively, the president must have the ability to receive confidential and candid information from advisors, close advisors must be confident that there will be confidentiality and that the advice and solutions they give maintain confidentiality It was challenged in 1973 and the Supreme Court decided against executive privilege Impoundment of funds is subject to restrictions and requirements under federal law, including the Congressional Budget and Impoundment Control Act of 1974 Significance Two important powers that the President of the United States has in the US political system 19. Executive Orders Definition Executive orders have the force of law, but only on the executive branch. Features/Characteristics Executive orders are aimed at those inside the government, but proclamations are aimed at those outside the government An executive order is not a law in the sense that it does not go through the legislative process. It is not binding on everyone, only on employees of the executive branch. However, executive orders are subject to judicial review after the fact (i.e. they can be declared unconstitutional by the court). Significance Part of the powers of the president is to control the executive office and influence those outside of it. They allow the President to take action on a wide range of policy issues without the need for Congressional approval. However, executive orders and proclamations are subject to judicial review and can be challenged if they are found to be unconstitutional or in conflict with federal law 20. The Office of the President (i.e., EOP, OMB) Definition The Office of the President in the United States political system refers to the group of individuals and organizations that work directly for the President and assist in the administration of the executive branch of government The Executive Office of the President serves at the pleasure of the president. Congress created the EOP in 1939 to serve the president in correlation with other bureaucratic organizations and give the president the best information Features/Characteristics The principal agencies in the executive office of the president include: 1. Office of Management and Budget – most important in helping the president oversee the operations of the executive branch. 2. Director of National Intelligence – CIA 3. Council of Economic Advisers 4. Office of Personnel Management 5. Office of the Trade Representative Significance To provide the President with the support that he or she needs to govern effectively 21. The President and the Cabinet Definition The cabinet and independent agencies are a product of tradition – 15 departments that meet with the president to discuss important matters related to the department Features/Characteristics Agencies and commissions exercise some independence from executive (e.g., fixed term in office) Significance Advises the President on any subject he may require relating to the duties of each member's respective office (pressing national and international matters) The Cabinet also plays an important role in the line of presidential succession. If the President is unable to fulfill his or her duties, the Vice President assumes the presidency, followed by the Speaker of the House and then the members of the Cabinet in order of the creation of their departments 22. The Vice-President Definition The vice president of the United States is the second-highest officer in the executive branch of the U.S. federal government, after the president of the United States  Features/Characteristics Presidential succession is the plan by which a vacancy in the presidency would be filled. If a president dies, resigns, or is removed from office, the VP succeeds to the office and becomes the President. After comes the speaker, and then the president pro tempore of the Senate, then the secretaries in the order of when the department was created. The Vice-President also plays an important role in the legislative branch, as the President of the Senate. In this role, the Vice-President presides over Senate proceedings and has the power to cast a tie-breaking vote in the event of a deadlock Serves as a key advisor to the President, with direct access to the President and involvement in the decision-making process. The Vice-President may also take on specific assignments or initiatives at the direction of the President Significance Ranks first in the presidential line of succession An important figure in the US political system, with a range of roles and responsibilities that span both the executive and legislative branches 23. Impeachment Definition An impeachment is like an indictment in a criminal trial: a set of charges against somebody, voted by the House of Representatives Features/Characteristics This is another way, besides death, disability, or resignation, by which a president can leave office before their term expires Section 4 of Article 2 declares that Congress may impeach the president and other federal officials of the executive and judicial branches for “treason, bribery, or other high crimes and misdemeanours”. The House of Representatives will investigate (through the Judiciary Committee) allegations of wrongdoing: by holding hearings, calling witnesses, and discussing reports. Those charges are sent to the full chamber (house of representatives). To be removed from office, the impeached officer must be convicted by a two-thirds vote of the Senate. Significance This tool (or concept) is significant because it is a clear manifestation of the system of checks and balances in the US political system. It demonstrates that although the presidency and judiciary are independent from the legislative branch, they are not immune to accountability from the legislative branch Sometimes this tool can be used for partisan purposes 24. Judicial Branch Definition The judicial branch decides the constitutionality of federal laws and resolves other disputes about federal laws. Jurisdiction of the Court: the dual court system complicates which cases are heard by federal courts or state courts. Features/Characteristics Article III creates the Supreme Court, but otherwise furnishes Congress with wide discretion in shaping the judiciary. Congress has created Courts of Appeals (11) and District Courts (94). Judges are given constitutional protection from other branches so they can function with independence. Party background can shape how judges are selected, but this doesn’t always determine courts’ decisions. - Senatorial courtesy – The Senate will not confirm a district court judge if the senior senator from the state where the district is located objects. - Litmus Test for selecting judges (i.e., reflecting the political judicial philosophy of the president). Significance  The Judiciary has the power to make laws by interpreting the law or the Constitution in significant ways. The Supreme Court is increasingly willing to reverse precedent because it is not clear what makes up a similar case, and lawyers have increased ability to distinguish cases from previous ones (e.g., Roe v. Wade). Another measure of the court’s power is their increasing willingness to decide issues that were previously left to the legislature through rulings (e.g., dissenting opinion regarding same-sex marriage stated that the decision should be left to legislatures rather than the courts). 25. Judicial Review (i.e., Judicial Restraint and Judicial Activism) Definition There are two views on the Court’s role: 1. Judicial Restraint (i.e., originalism): Judges should apply the Constitution as it is clearly written. 2. Judicial Activism (i.e., living constitution): Judges should interpret the Constitution. Features/Characteristics Judicial review was expected by the founders of the Constitution, but perhaps not to the degree that they are able to make/influence public policy today. Judicial review is also not a part of the Constitution. - Supremacy of federal law and the Court can invalidate laws. - Supremacy of the Supreme Court in interpreting the Constitution.  Significance The court’s primary weapon in the system of checks and balances. This tool (or concept) is significant because it is a clear manifestation of the system of checks and balances in the US political system. The court is becoming more activist. - Supporters: Federal courts must correct injustices when other branches of government or the state refuse to do so (last line of defense against injustices being imposed on those who cannot defend themselves). - Criticism: Judges are not qualified to decide in public policy matters 26. Checks on the judiciary Definition There are various factors that limit the judiciary in their actions. Features/Characteristics Judges do not have an enforcement mechanism (e.g., police, military) and can, in theory, be ignored. There are many Supreme Court decisions that have been ignored or took a long time to comply with in practice. Congress can change the composition of the judiciary, impeach (more than a dozen federal court justices have been impeached), amend bills (revise and pass legislation  that has been struck down so that it passes the boundaries set by the Supreme Court), etc. Public/elite opinions: Pressure from elites (e.g., lawmakers, the president) and from the masses (certain decisions may undermine the legitimacy and public trust in the Supreme Court). “Curbing the Court” refers to reducing the power and independence of the Court in the U.S. system of government. Curbing actions fall into two categories: 1. Narrowly targeted Court-curbing – Seeks to mitigate the consequences of a small number of disliked decisions within a circumscribed issue area. 2. Broadly targeted Court-curbing – Seeks to alter the institution in a more enduring way (e.g., restricting the tenure of justices, making it easier to overturn rulings through the imposition of congressional or public veto points, removing the Court’s power of judicial review altogether). Significance There are concerns over the court’s immunity to public opinion (unelected individuals deciding on public policy matters goes against the principles of democracy), and there is debate over whether these checks on the judiciary are strong enough. Both Democrats and Conservatives have taken turns to threaten the Court’s power, and these attacks on the Court are largely supported by the public. This can have extensive impacts on the extent of the Court’s legitimacy, independence, and power in the political system. This tool (or concept) is significant because it is a clear manifestation of the system of checks and balances in the U.S. political system.