poli 1090 1st exam notes.pdf

Political Theory What is politics? (What comes to mind)  Ideals  Democrats and Republicans  Harold Lasswell’s Definition  Politics is the process of deciding who gets What, When, and how.  Park Problem: Ask How, What, and When?  Small Politics are everywhere: Exp: deciding who ge...

Political Theory What is politics? (What comes to mind)  Ideals  Democrats and Republicans  Harold Lasswell’s Definition  Politics is the process of deciding who gets What, When, and how.  Park Problem: Ask How, What, and When?  Small Politics are everywhere: Exp: deciding who get to use the bathroom when Values that are important to Americans:  Freedom: the absence of necessity, coercion, or constraint in choice of action  In a political sense, it might seem more accurate to say freedom is a sense of not being unduly hampered or frustrated by government or other people.  Equality or Equity  Equality means an individual or group of people is given the same resources.  Equity means each person has di erent needs and should be equal based on the things they need to come out the same as everyone else. Basics of American Politics  Almost everything in politics and government come back to freedom and equality (or Equity)  Political problems can be:  Freedom vs. Equality  Freedom vs. Freedom  Equality vs. Equality Political Spectrum (Simple) Left Right Democrat Republican Progressive (Liberal) Conservative Value Change Value Tradition Fair Share Taxes Low Taxes Modern Conservative  Government should have large degree of control over social issues and very little control of economic issues.  Pros: Keep order, grow economy  Cons: may not work out great for everybody; di icult ro change thin s so its hard to moce society forward in evolving world, creates wealth in economy but has di iculty distributing it Socialism  Government should have a large amount of control over both economy and social issues   Pros: equality and everyone works toward the betterment of society  Cons: In practice not everyone is treated equally: limits creativity; whats the motivation to work if you can’t get ahead? Modern Liberalism  Government should have a large degree of control of the economy and a small amount of control of social issues.  Pros: Tends to bring in new ideas for government, helps groups of people who have been ignored in the past, protects poor and working class  Cons: Solving old problems can cause more problems, tough to get everyone in the same direction Libertarianism  Government should have a small degree of control of social issues and a small degree of control of the economy.  Pros: less need for government and allows for great creativity  Cons: Creates ton of inequality, Creates a society with absence of restraint Common Types of Government  U.S. uses a democratic republic  Democracy-the people have the power to make decisions to decide what legislation is best for them  Direct democracy: people vote on every issue  Representative Democracy: people elect candidates to represent them in government  Republic-citizens elect o icials to make decisions about government foe them  It is ok to call the U.S. either a democracy or a republic Communism  Central idea: everyone should be treated as equals  Marx and Engels: Government and economy evolves over time  Evolution through history:  Hunter/Gatherer  Feudal System  Industry  socialism  Communism  Under communism, the idea is society reaches a point where govt is no longer needed – everyone cooperates Fascism  Central Belief: One group is superior to other groups  Fascists believe there is a natural order and that the strong should dominate over the weak and rule over them. This includes promoting the dominant’s group culture and history as superior and excluding any veiwpoints that could possibly run counter to that. Other types of descriptions of governments  Totalitarianism: Government is in control of and plans everything out for its people and economy  Anarchy: Absence of government, no laws to protect your rights or stop you from doing what you want  Dictatorship: One person is in charge of government, all government o icials answer to the dictator  Oligarchy: A small group of people make all government decisions  Theocracy: A person os group of people are recognized as intermediaries for a supernatural being. These intermediaries lead the government making laws and decisions that the people believe are the will of God or false gods.  Monarchy: One person oversees the country as the head of state for life or until abdictation U.S. Constitution Background to the constitution  British rule (Colonies had limited power) (Ruled by mainly the kings or from parliament would overrule and contradictions)  Expensive for British to keep up legal system and to protect the colonies from invasion  Colonist mad due to new taxes – “Taxation without Representation”  American Revolution and Declaration of Independence Articles of Confederation  Country’s first governing document ratified in 1777  Weak national government, strong state government Federal Govt. Powers in the articles of confederation  Each state had one vote on any law, between 2 and 7 delegates for each state to decide how the state would vote, delegates appointed by the state itself and not elected, delegates had term limits  Nine states had to agree to make a new law, all 13 had to agree to amend the Articles  Make treaties, appoint ambassadors, declare law  Coin money (States could print their own money, Aswell)  Borrow money  Settle disputes among the states (but could not regulate commerce between states); no federal judiciary  Run a national postal service  Canada could join Problems under the Articles  Money for the federal government  Could not force states to comply with federal government  States controlled tari s on gods coming into them both from other sates and from foreign countries  No military  1776 Shays’ Rebellion  Political Leaders of the time say maybe we should rethink our government  1787 Constitutional Convention in Philadelphia Three types of government Structure: Federation, Confederation, Unitary ---------------------------------------------------------------------------------------------------------------------------- State power National Power Confederation Federation Unitary Constitutional Convention (Some Pictures) Big population States vs small population States  Virginia Plan (Big States)  Bicameral Legislature based on population  Lower chamber elected by public; upper chamber elected by lower chamber  New Jersey (Small States)  Keep Articles of Confederation but amend it heavily  Each state gets one vote  Connecticut Compromise  Bicameral Legislature  One Chamber based on population  One chamber gets two senators for each state (appointed by states) Free States (northern) vs. Slave States (Southern)  Northern states more populated  Almost entire economy of the South relied on Slavery at this time  Even at this time, Slavery was becoming unpopular in the northern states and several states had outlawed it  Southern states worried about slavery being banished  Northern States needed southern states to ratify the Constitution  3/5ths Compromise, end slave trade in 1808 Federal vs. Anti-Federalists  Federalists: Supported the Constitution and expanding federal government power  Alexander Hamilton, James Madison, And John Jay – The Federalist Papers  Anit-Federalists: did not support giving the federal government more power and were concerned with the constitution did not Guarantee individual Liberties  Patrick Henry, George Mason, and Samuel Adams  Federalists eventually prevailed as all the states ratified the constitution, but Anti-Federalists made an impact to get the bill of rights included Why does the Constitution work? 1. Separation of Powers  Legislative Branch: Makes the Laws 2. Checks and Balances Figure 2.9 3. Bill of Rights 4. Brevity and Clarity  Seven articles  Only 27 amendments in over 230 years  Relatively easy to understand even today 5. It fixed the problems in the Articles of Confederation  Federal Government can:  Regulate interstate commerce (no taxes or tari s on goods from one state out of another  Collect Taxes  Pass laws that supersede state laws and now has resources to make sure states follow the federal law  Print and regulate one form of currency without competition from the states  Have an executive branch with a powerful president to carry out government services  Have civilian president in charge of the military  Have a permanent federal judiciary to interpret laws  Pass constitutional amendments with one ¾ of the states approving instead of needing every last state to approve Problems with the Constitution  Written and adopted in secret by the countries wealthy and social elite  No woman, people of color or indigenous population included process  States forced to take it of leave it without input (Expectation – Bill Of Rights)  Not much political Power for the average American  People only directly elect members of the house of representatives, so only 1/6 of government accountable to voters  There were still some parts that could be interpreted di erently  Elastic clause (Necessary and Proper Clause)  Judicial Review What does the constitution actually say? Article One: The Legislative Branch  Section 1: All legislative powers are given to the congress, which will consist of two houses: Senate and House of representatives  Section 2: House of rep. Rules  House members chosen every two years; Reps must be at least 25-Year-old, a citizen of the U.S., and resident of the state they represent  Eah states number of representative are based on population (Including non-voters) Excluding Native American’s who weren’t taxed plus 3/5th of the slave population  States also receive share of the national tax revenue based on population (16th Amendment changed this)  Governor of each state will call elections to fill vacancies in the House  House members will choose the Speaker of the House and any other o icers and have the sole authority to impeach president and VP  Section 3: Senate Rules  Two senators from each state, six-year terms in o ice, senators must be at least 30 years old, been a U.S. citizen for at least 9 years, and be a resident of the state they represent.  The U.S. vice president presides over the senate but only casts votes when there is a tie. The senate can choose any other o icers  Senate can try people who are impeached. The Senate serves as a jury and if a 2/3 majority votes to convict then that person can be removed from o ice and can be disqualified from holding any other o ice. Chief justice of the Supreme Court serves as judge of proceedings if U.S. president is on trial after being Impeached. Vice President presides over all other trials.  Section 4: States in charge of election rules for senators and house members but congress can pass laws to override state election regulations  Also, Congress must assemble at least once a year  Section 5: senate and house can make their own rules on meetings and other thinhs  Section 6: Members of congress will be paid for their services. They will have immunity from arrest and freedom of speech while attending or traveling to and from sessions in Congress unless they commit treason, a felony, or breach of the peace. While in o ice, no member of Congress may accept another o ice or benefits of another o ice  Section 7: All bills having to do with raising revenue (taxes, Tari s) must begin in the House of Reps, but the Senate may add amendments to such bills  Everybill passed by both house and senate will be submitted to the President for approval. He may veto the bill, but if 2/3 of the members of each house pass it again it becomes law  Section 8: Powers of congress  Impose taxes  Borrow money  Regulate commerce with foreign nations, among the states and with native American tribes  Establich laws on naturalization and on bankruptcy  Coin and print money, regulate it value, fix standard weights and measures  Regulate the punichmnet of counterfeiters of U.S. money  Establiches post o ices  Securing patents and copyrights  Create a federal court system below the U.S. Supreme Court  Create laws concerning piracy and crimes from the sea   DECLARE WAR  Raise and support army  Provide for and maintain a navy  Make rules governing and regulating a army and a navy  Establish rules for calling out, organizing, and disciplining the militia (now called national guard) to enforce laws, suppress rebellions and repel invasions  Create a federal capital district (Washington D.C.) and exercise authority over land purchased by the federal government (forts, Arsenal, naval bases, etc.)  Make laws necessary and proper for carrying out any of the above listed powers and other powers given to the government by this constitution  Section 9:  Congress can’t prohibit importing slaves until 1808  Writ of habeas corpus (means write to know and challenge why the government is holding you in custody) shall not be suspended unless public safety requires it, such as during an invasion or rebellion  No Bill of Attainder (trial is required to be given if accused of something) or ex post facto (past crimes can’t be tried b4 law is made) laws may be passed  Congress can’t be tax items exported from state to state  Congress can only spend money drawn fom the treasury and only pay for appropriations made by law. Regular accounts of receipts and expenditures must be published  Congress may not grant titiles of nobility, nor may any U.S. o ice holders accept any gift, benefit, o ice, or title from any foreign state  Section 10:  States may not form treaties or alliences, commission privateers, coin money, barrow money, allow paper money to be used for payment of debts, pass laws that punish people without a trial, pass ex post facto laws, pass laws that undermine contracts, or garnt any titile of nobility  Attaes may not impose duties on imports and exposrts except as needed to enfoce inspection laws -and those monies will go on to the U.S. treasury  No state may keep troops or ships of wars in the time of war Article Two: Executive Branch  The president and vice president’s term of o ice is four years. The president must be natural born citizen of the U.S., at least 35 years old and a resident of the U.S. for at least 14 years  The president is elected by the electoral college. Each state’s number of electors is determined by adding the number of House members and senators for that state. Each elector has two votes for president. If no candidate has a majority of votes or there is no tie, the house of representative chooses the president (reps vote as the state not as individuals) The senate votes as individuals if there is a tie for vice president 12th amendment changed elector rules.  Section 2: Presidential Powers  Commander in Chief:  The President is the Commander in Chief of the armed forces.  Military Powers:  Can grant pardons and reprieves for o enses against the U.S. (except in cases of impeachment).  Treaties and Appointments:  Can make treaties with a two-thirds majority of the Senate's approval.  Appoints ambassadors, other public ministers, and judges of the Supreme Court (with Senate confirmation).  State of the Union:  Must provide information on the State of the Union to Congress and recommend measures for consideration.  Special Sessions:  Can call special sessions of Congress.  Vacancies:  Can fill vacancies during recess of the Senate.  Section 3: Presidential Duties  Enforcement of Laws: o The President must ensure that the laws are faithfully executed.  Public Engagement: o Can convene and adjourn Congress as necessary.  Receiving Ambassadors: o The President receives ambassadors and other public ministers.  Commissioning O icers: o All o icers of the U.S. are commissioned by the President.  Section 4: Impeachment  Grounds for Impeachment: o The President, Vice President, and all civil o icers can be impeached for treason, bribery, or other high crimes and misdemeanors.  Section 1: The President  The executive power is vested in the President of the United States.  The President serves a four-year term and is elected alongside the Vice President.  To be eligible, one must be: o At least 35 years old o A natural-born citizen of the U.S. o A resident of the U.S. for at least 14 years  The President is elected through the Electoral College.  Section : Powers of the President  The President is the Commander in Chief of the armed forces.  Has the power to grant reprieves and pardons for o enses against the U.S.  Can make treaties (with a 2/3 Senate approval).  Appoints ambassadors, public ministers, and other o icers of the U.S. (with Senate consent).  Has the power to fill up vacancies during Senate recess.  Section : Responsibilities  The President must give a State of the Union address to Congress.  Must ensure that the laws are faithfully executed.   Has the authority to convene both Houses of Congress.  Section 4: Impeachment  The President, Vice President, and all civil o icers can be impeached for: o Treason o Bribery o Other high Crimes and Misdemeanors  Article Three: The Judicial Branch  Section 1: The Judicial Power  The judicial power is vested in one Supreme Court and other inferior courts established by Congress.  Judges hold their o ices during good behavior and receive compensation that cannot be diminished during their tenure.  Section 2: Jurisdiction  The Supreme Court has jurisdiction over: o All cases arising under the Constitution, laws, and treaties. o Cases a ecting ambassadors, other public ministers, and consuls. o Maritime jurisdiction. o Cases where the U.S. is a party. o Controversies between states or citizens of di erent states.  Section 3: Treason  Defines treason against the U.S. as levying war against them or adhering to their enemies.  Requires the testimony of two witnesses or a confession in open court for a conviction.  Article Four: The States  Section 1: Full Faith and Credit  States must give full faith and credit to the public acts, records, and judicial proceedings of every other state.  Section 2: Privileges and Immunities  Citizens of each state are entitled to all privileges and immunities of citizens in the several states.  Section 3: New States  Congress may admit new states into the Union.  No new state can be formed within the jurisdiction of another state without the consent of the state legislature and Congress.  Section 4: Guarantee Clause  The U.S. guarantees every state a Republican Form of Government and protection against invasion and domestic violence.  Article Five: Amendments  The Constitution may be amended in two ways: 1. Proposed by a two-thirds vote in both Houses of Congress. 2. Proposed by a convention called by two-thirds of the state legislatures.  An amendment must be ratified by:  o Three-fourths of state legislatures, or o Conventions in three-fourths of the states.  Article Six: Supremacy Clause  The Constitution, laws made in pursuance thereof, and treaties made under its authority are the supreme law of the land.  Judges in every state are bound by the Constitution, regardless of state laws.  Requires an oath of o ice for all government o icials, but no religious test shall be required.  Article Seven: Ratification  The Constitution shall be established when ratified by nine states.  The ratification of the conventions of the states shall be su icient for the establishment of this Constitution. How a Bill Becomes a law  Bill introduced in one of the two chambers by a senator or House member  Bill assigned to a committee to study the bill  Committee studies and debates bill and votes wether or not to send it to the whole chamber  Bill is scheduled for a vote by the whole chamber by leadership and Rules committee  Whole chamber debates the the bill and votes  Bill is sent to the other chamber where it is assigned to a committee and the process repeats itself  If the bill is altered from the original version passed in the original chaber, the original chamber can just accept or reject the changes. Or a conference committee made form members of both chambers try to reach a compromise about the final form and details of the bill  The bill is sent to the president, the president can veto it or sign it into law  If the president vetoes it, both chambers have to vote to override the veto with 2/3 voting to override  A law can be challenged in court where it could eventually be struck down, but this can take years Current composition  435 House members, 100 senators  Total U.S. population in 2020 is about 331 million up from 309 million in 2010  Average population in each house district is 761,000 up from 711,000 in 2010  Alabama has a population of 5 million and has 7 House members  Georgia has a population of 11 million and has 14 house members  U.S. House: 220 Republicans and 211 Democrats (4 vacant seats)  Two senators from each state  Party makeup of senate: 49 republicans, 46 democrats, 4 independents (all 4 caucus with the democratic party so it’s the majority party), One vacant seat Congressional terms  House members: 2-year terms  Constitutional framers wanted this branch to answer the people  Every seat in the house is up for election every two years  Senate members: 6-year terms  Constitution framers wanted the senate to make decisions in best interest of the country rather than constantly worrying about being reelected  1/3 of senate seats up for election every two years Debate  House of Reps can stop debate and call for a vote with a simple motion and a majority vote if no time limit rules set in advance (Though the rules are usually determined in advance)  Senators can force nearly unlimited debate on legislation if they want to stop legislation  Filibuster – senators can hold the floor by continuously talking so not only does the legislation they oppose get stopped but no other legislation can be considered either so the country legislative process grinds to a halt  Senate has to invoke cloture to end debate, 60 out of 100 senators have to agree to end debate to do this   Senate can change rules to end filibuster if it wanted  Why keep it? Party Caucuses  Democrats and Republicans in both chambers occasionally cal uno icial meetings of everyone in their respective parties to decide on leadership, who should serve on which committees and what position the party should take on legislation Advantage of Belonging to Political Parties  Parties provide money and sta for reelection campaigns  Parties provide research on issues and talking points to defend your position to the constituents or media  Party loyalty can get you a good committee assignment  Party loyalty can help you get government grants sent to your district (Pork barrel spending)  Disadvantages:  Party policy preference may not be your constituents’ preference  Will inevitably have to decide to vote with your party or vote your conscience or common sense House of Representatives Leadership  Seniority is the biggest factor in getting good committee assignments and leadership positions (true in the senate, too)  House of Representatives is led by speaker of the house  Speaker gets to decide committee appointments (very important to members of Congress to be assigned to committees that are considered powerful or are important to the constituents  Speaker gets to assign a new bill to a committee  Speaker appoints Rules committee and works closely with them to decide when a bill passed through committee reaches the floor, how debate is conducted and if amendments can be added  Speaker is considered second most powerful person in federal government  House majority Leader and House minority Leader decde wat legislation the party wants to pass or block and coordinates with committees and individual House members to accomplish their goals  House whips oversee counting how the caucus members will vote to see if there is enough to pass or block legislation. They are also in charge of convincing caucus members to stick to voting with how the party wants them to vote. Can use the carrot or the stick  Speaker of the House: Mike Johnson  House Majority Leader: Steve Scalise  House Minority Leader: Hakeeem Je eries  House majority Whip: Tom Emmer  House Minority Whip: Katherine Clark Senate Leadership  Vice president can preside over Senate whenever she wants  preside over by President Pro Tempore  Longest serving senator in the majority party (Patty Murray)   Not much power, generally just recognizes senators to speak and consider motions  Otherwise, Senate leadership basically the same as House leadership  Senate Majority Leader (Most powerful senator) and Senate minority leader lead the party caucus by making appointments and influencing wether legislation passes or dies  No rules committee in Senate, Senate Majority Leaders makes motion to strat debate on legislation  Also, Majority and Minority Whips in senate  Senate Majority Leader: Chuck Schumer  Senate minority Leader: Mitch McConnell  Senate Majority Whip: Dick Durban  Senate Minority Whip: John Thurne Committees  Standing committees are permanent committees  Most powerful committees in house: appropriations, budget, commerce, rules, and ways and means  Most powerful committees in Senate: appropriations, armed services, commerce, finance, and foreign relation  Congress members usually want to be appointed to committees that are powerful or are important to their home district  Members of committees are also appointed to subcommittees of the committees which study bills on very specific topics and share their findings with the whole committee  Also, special/select committees and joint committees  Committees have:  The power to kill a bill before it can even be voted on by the entire chamber  A lot of power to alter the bill and decide what it will look like before it reaches the floor for debate by the entire chamber  Access to advice and research from experts both within and outside government which gives them the advantage in debating the bill with congress members not in the committee  Chairpersons who can table and e ectively kill a bill single handedly in some cases Congress members and constituents  Every senator and House member have o ices in their district set up for constituent services  Also have sta in D.C.  Policy analysts  Press/public relations sta  Scheduler  Interns Classifying Legislators  Legislators’ view of representation:  Delegate view: How would a majority of my constituents want me to vote?  Trustee view: My constituents elected me because they trust I will make the best decision, so I will vote for what I think is best  Partisan view: I vote how my political party wants me to vote. (where you stand depends on where you sit)   Politico view: Combination of all three  Police patrol legislator’s vs fire alarm legislators  Police patrol legislators keep up with what government agencies are doing through studies/hearings/document review (like police o icer on patrol walking around looking for people breaking the law)  Fire alarm legislators have little involvement in keeping tabs on government agencies and allow citizens and interest groups to examine administrative decisions, report problems to congress, and seek remedies to bad policies and decisions (legislators don’t go looking for a problem, doesn’t act until someone pulls the fire alarm and the legislators responds like a fire department to a fire) The budgeting Process 1. Federal agencies submit budget requests on the president’s O ice of Management and Budget (OMB) for the next fiscal year in the first quarter of the current fiscal year (Oct-Dec) 2. The OMB looks at these requests and creates the presidents budget request for next fiscal year 3. The House and the senate look at the president’s budget proposal and adapt to create their own versions of the budget  Overall spending limits for each agency are set by a Congressional budget resolution  The budget is divided among 12 areas and each chamber’s Appropriations committee decide how to spend the money given to each government agency 4. Each chamber approves their own version o the 12 areas budget, and conference committees are formed to get together to work out the di erences for all 12 5. Each chamber votes on all 12 versions developed by the conference committees. If both chambers approve any one of the 12, it goes to the president to sign or veto 6. All 12 budgeting areas are supported to be approved and enacted by the end of September in time for all government agencies to start spending the money appropriated to them for the fiscal year Budgeting Realities  Usually, several budget areas are not approved by Sept 30th  Two possibilities with no budget passed: 1. Congress passes Continuing Resolution (Use the same budget as last year) Until it can pass a budget 2. Govt. Agency is particularly shut down and o ices close and employees are furloughed  Occasionally, Congress will give up on passing a new budget and just pass a Continuing Resolution for the entire budget year  Recently Congress has used an Omnibus Bill to pass through several of the 12 budgets at once  Advantages and disadvantages to doing that Mandatory vs. Discretionary Spending  Mandatory Spending: money the government is required to spend under law  Main areas of Mandatory Spending:   Entitlements: Money the government must pay citizens, if they qualify and apply to receive it  Interest of Debt  Discretionary Spending: money that lawmakers can decide how to spend  Discretionary Spending is generally divided into two categories – military expenses and all other expenses  Military expenses: Personnel, equipment, construction and maintenance, research and development  All other expenses: Education, transportation, foreign aid, federal courts and law enforcement, etc. U.S. Presidency What the president does  Chief executive  Head of federal departments that carry out laws passed by Congress  Interpret the legislative intent of the law when situations arise where it is unclear  Appoint (with senate approval) and Remove (no Senate approval) the leaders of federal departments  Commander and chief  Country’s military leaders have to follow his orders  Can send troops into battle without congressional approval for up to 90 days, can keep them there as long as Congress provides funding (Korea, Vietnam, Afghanistan, Iraq)  Head of state  Represents country in major ceremonies (giving medals, opening buildings and parks, dedicating ship)  Hosts foreign leaders (dinner parties and escort them to events)  Chief diplomat  Makes and negotiates with foreign countries (have to be approved by 2/3 senate vote)  Treaties can end military conflict, create economic agreements with other countries, etc.  Can recognize foreign countries existence  Appoints (with senate approval) and removes ambassadors to foreign countries  Influence legislation  Proposes legislative agenda he would like to see Congress pass  Proposes a budget for federal agencies for Congress to consider  Can veto legislation (No line-item veto)  Can force congress to call a special session (Rarely happens)  Leads his political party  Determines most of his political party’s platform (What the party believes and wants to accomplish)  Appoints party loyalist to top government positions (known as patronage)  Vice president cabinet members ambassadors  Raises money for his and other’s electoral college  Endorses and promotes other party members’ elections  Pardon people convicted of crimes or grant clemency to people sonicted of crimes except in cases of impeachment  Richard Nixon pardoned by Gerald ford  Donald trump considered trying a preemptive pardon  Appoints (with senate approval) federal judges at the district, appeals and Supreme Court levels  Carries out duties and powers delegated to him by Congress  Call ap the National Guard Presidential Limitations  Congress can rescind delegated powers or pass Constitutional amendments that limit the president’s powers  Congress can impeach, convict, and remove president  Congress can block presidential appointments and treaties with foreign countries  The supreme court can rule that the president’s actions overstepped his authority and block decision Benefits of Being the President  Power of Persuasion  The “Bully Pulpit” – The president has the ability to get the attention of the public and try to influence them more that anyone else in government  Can usually speak and negotiate directly with member of Congress pr with High-profile public figures  Executive Orders  President leads federal agencies and can make executive orders about how the agencies will operate as long as Congress or the Supreme Court has not forbidden it  Insert from picture  Honeymoon period  Presidents are usually at their most powerful right after they are elected  Congress cooperates more at this time with the presidents’ motives cause that what most Americans voted for them for  President also tends to have higher public approval ratings during this time  Executive privilege  Presidents can claim he doesn’t have to release information to the public because it might hinder his ability to do his job  Times of Crisis  President is expected to act quickly and is usually given a lot of leeway to get things done. Often gains popularity if public feels he is rising to the challenge  Natural disasters, terrorists’ attacks, wartime  Salary and perks  Salary of 400,000 a year during presidency, 226,000 a year afterward  Free travel and housing as president and limited funding for travel after  Secret service protection during and after presidency for life for president and spouse  Free funding for an o ice and a small sta  Large support team to advise and help president   Executive o ice of the president: Non-cabinet-level departments that advise the president on policy and how to interpret current events  White house o ice: more day-to-day activities of the president Chief of sta , press secretary, speechwriters, correspondence with public, scheduling events Presidential Cabinet  Cabinet: The group of advisors including vice president, and 15 high ranking agency heads  The department secretaries are in carge of running their department. These 15 departs make up a vast majority of the federal workforce  Secretary appointments must be approved by the Senate. Usually questioned by senate committees. Nominees have to be approved by committee to be voted on by senate  They are usually members of the president’s political party and have some level of experience.  Presidents can call meetings whenever he wants Kitchen Cabinet  An uno icial group of people whom the president knows and trusts. The president will give informal advice and feedback from this group about how he is preforming and what he should do.  Andrew Jackson kinda coined the term in the early 1800s he would meet uno icial advisors in the actual white house kitchen Role of vice president  Vice president main roles are to preside over the Senate, advise the president and take on projects at the president’s request  Little power they get frustrated about it  Presidents uno icially can delegate some of their duties and authority to their vice presidents making them more integral in governing  If vice president must be replaced congress has to approve them by a simple majority of both chambers U.S. Judicial Branch U.S. federal judicial system  Based on article 3 of the Constitution  Framers didn’t place a lot of powers of restrictions on the judicial branch  Claimed power of judicial review  No law degree requirement, no court size requirement, no citizenship/age requirement  Up to congress and the court system to define much of the role of the federal courts Court System Structure  Just about every legitimate court system in the world has a trial level and an appellate level  Trial level establishes the facts of a case  Appellate court and only determine if law was applied correctly or in error in the procedure in trial court  Federal district courts handle legal disputes at the trial level  94 district courts in u.s. (3 in AL)  Cases presided over by only one judge  Federal courts of appeals   13 courts of appeals in the U.S. U.S. Supreme Court Process  Choose to hear about 90 cases a year while nearly 10,000 cases appeal to the supreme court each year  If 4 of 9 of the supreme court justices want to hear a case, they issue a writ of criteria to the lower courts to get all the records of the case  Justices and their clerks review the records  Lawyers argue with the justices and the justices can ask questions and can debate the lawyers  Justices will then debate each other in private and vote on how they will rule  The two sides of the ruling will write out a framework and that same framework will establish a precedent in law that can be used in future cases Nomination Process for Federal Judges  District, appeals, and supreme court judges all go through the same process  President nominates, Senate Judiciary Committee questions nominee and confirms or rejects, if committee then the entire senate votes to confirm or reject candidate  Senatorial courtesy  For district judge and some court of appeals openings the president will check with a senator of the state where the appointment is being made for suggestions on whom to appoint  Confirmation process is tough. Being nominated doesn’t mean you’ll be appointed, especially if the president and Senate are from di erent parties Basic of Law in U.S.  Every state has a legal system based on Common Law. Court decisions are based on Precedent – previous legal decisions concerning similar cases  In rare circumstances precedent can be overturned  Maybe most famously is Plessy vs. Ferguson and Brown vs. Board of Education  Two major divisions of law  Criminal Law – law that deals with people breaking criminal laws  Civil Law - law that deals with disputes among two or more people or organizations  Four sources of law  Constitutional Law: Laws that are listed in the U.S. Constitution  Statutory Law: laws passed by legislators  Administrative law: Laws or rules created by executive branch agencies  Case law: court decisions interpret laws  Before a court case begins, it must be determined  Jurisdiction: The authority a court must hear and decide a case (location, civil or criminal court, state or federal court)  Standing: plainti must prove something bad has happened and you have been negatively a ected  Injury  Causal connection  The court can grant a remedy  Legal framework judges use to justify rulings on the law   Interpretivism: judges thinking what the constitution intending  Strict construction – if not in constitution states have the decision to rule the case themselves  Original intent – judges try to determine the intent of the framers of the constitution to rule  Original meaning – judges ground their interpretations on the actual meaning of the words of the constitution  Noninterpretive: judges use sources other than the constitution in their legal reasoning  Natural Law: what determines right and wrong  History: using what happened in the pass to form a ruling  Philosophy: interpret the constitution from di erent ethical philosophies  Social sciences: rely on statistics and studies to determine what would be best action  Rules vs. standards in judicial system  Rules created when judges make decisions dealing with only facts. Makes it hard to rule in the future unless things are the same Limitations on the Judicial Branch  Courts cannot create new laws themselves. They must rely on laws already in place  The country can pass constitutional amendments in response to an unpopular decision  The other two branches can pack the court with judges who will support their goals  Statutory reversal: if the courts strike down a law or part of a law based on a conflict with other laws or because the law’s intent is unclear  Withdraw jurisdiction: congress can withdraw the supreme courts appellate  Congress can’t cut the salary of judges Federal Court Judges  Constitution says federal judges have:  Lifetime appointments  Salaries that cannot be reduced  Federal judges do not have to listen to what the public or politicians want. Is this a good thing or a bad thing? About the test  30 to 35 questions  Covers everything we have gone over so far Political theory, constitution, all three branches of federal govt.