Government PDF

Government Mr. Edgar 2018 Ch 1.1 Why does government exist? Protection education healthcare, infrastructure, etc If government didn’t exist, we would have to invent it. Government is the institution through which societies make and enforce public policy. Public policy- all of the things a government decides to do. Every government has three powers: Legislative - create law and frame public policy Executive - execute, enforce and administer law Judicial - interpret laws, determine meaning, settle disputes The powers of governments are often outlined in a constitution. The body of fundamental laws setting out the principles, structures and processes of a government Two extremes: Dictatorship - Government powers rest in the hands one or a few people. Those who rule are not held responsible to the will of the people. Democracy - Government power rests in the hands of the people. Government is one of the oldest human inventions. Created when groups realized they needed to regulate their actions and respond to actions of others (war/trade) “Man is, by nature, a political animal” - Aristotle Politics - process by which a society determines how power and resources will be distributed. The basic unit of government is the STATE A state has four features: POPULATION TERRITORY SOVEREIGNTY GOVERNMENT How did the state develop? Four Theories: Force Theory: One person/group claims control over an area and force those within it to submit to rule Evolutionary theory: State developed out of tribal family governments Divine right theory - God created the state. Those of royal birth selected to rule Social contract theory - People overcome lawlessness by agreeing to create a state. People give up certain power to the state to promote safety of the whole group. What does government do? Answer to that question lies in the preamble to the Constitution. We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, secure the blessings of liberty for ourselves and our posterity do ordain and establish this constitution for the United States of America 1.2 No two governments have ever been the same. But we can classify them so we can compare them. There are three classiﬁcations: 1. Who can participate? 2. Geographic distribution of power 3. Relationship between executive and legislative branches. Who can participate: based on the number of people involved in the governing process Two basic forms: Democracy Dictatorship Democracy - supreme political authority rests with the people. Government is conducted by and with the consent of the people Direct Democracy - (pure democracy) People vote in mass meetings. Indirect democracy - (republic) representatives are elected to carry out day to day operations of government. Dictatorship - Those who rule are not held responsible to the people. Autocracy - government in which a single person holds unlimited power. Oligarchy - power is held by a small group of elites. Geographic distribution of power - Power to govern is located in one or more places geographically. Unitary (centralized government) All government powers belong to a single central agency. May create units of local government. Local government holds only the powers that the central government grants them. Federal government - Powers are divided between local units of government and a central government Both levels of government act directly on the people through their own sets of laws, oﬃcials and agencies. Confederation - Alliance of independent states. Limited powers Trade, defense. No power to make laws that apply directly to individuals. Legislative/Executive relationship Two basic forms Parliamentary Presidential Presidential - Separation of powers between executive and legislative. Branches are independent and coequal Chief executive is chosen by people Fixed term Certain powers of president are not subject to legislative branch Parliamentary Executive branch is prime minister and cabinet. Legislative branch is elected, then PM is chosen from majority party or coalition of parties. Cabinet is chosen from legislature PM stays in power only as long as he has conﬁdence of legislature 1.3 Origins of the modern democratic state Athens - ﬁrst democracy Greek civilization develops around 700 BC Loose collection of small, isolated city states Athens began as a monarchy By 500 BC Athenians had overthrown the monarch and replaced it with demokratia - “Rule by the people” Athenian democracy was direct democracy Assembly - All male citizens at least 18 Assembly met 40 times/year to debate public matters Decisions made by majority vote The council of 500 set the agenda Council of 500 was chosen at random Council members served for 1 year and did day to day work of the government Roman republic Roman republic dates from 509 BC “Res publica” - Rule of the people Lasted over 400 years Introduced the concept of representative government Much of the politics of the republic revolved around the conﬂict between the two main social classes Plebians - common folk Patricians - landowners The Roman Senate was made up of 300 members and two consuls chosen by the senate Senate elected by the citizens Consuls - named by the senate as “heads of state” Senate could appoint dictator who could exercise absolute power in times of crisis After the Roman Empire fell in the 400’s AD left a power vacuum No centralized authority Feudal system develops in response to chaos and disorder Dominated Europe til the 13th century Feudalism - loosely organized system in which powerful lords divided their land among lesser lords Those with land and power protected others in exchange for loyalty, military service and crops. Basic economic unit was the manor Catholic church became very powerful Cracks began to emerge in the Feudal system around the 14th century Protestants v Catholics Manor v marketplace Commercial revolution Black Plague kills ⅓ of Europe No one to work the land Those remaining demanded wages and better conditions Price of crops falls Manor Lords make less money Merchants become more wealthy and powerful As feudalism falters, lords have to ﬁnd ways to make money Some lords allow free people to set up towns as centers of trade Towns ﬂourished Merchants began to become more wealthy than the lords. Towns begin to ally themselves with monarchs. Monarchs saw towns as a source of income Kings centralized power. England, France, Spain saw the ﬁrst monarchichal governments Monarchies lead to nation-states National legal systems, identities, taxes, armies Monarch held sovereignty - Utmost authority in decision making However, Just because someone claims sovereignty doesn’t establish a government All governments must have legitimacy Legitimacy - The belief of the people that the government has the right to create public policy How does a government gain legitimacy? Tradition - it’s always been that way Divine right - It’s a sin to not accept the king as leader Power of Personality - charismatic person convinces people to let him lead Rule of Law - Law is seen as fair, all are held to it Beginning in the late 1400’s, monarchies embraced a policy of colonialism Control of one nation over lands abroad European settlers, laws and ideas spread around the world Wealth brought power to merchants Mercantilism - Economic theory which emphasizes money as the chief source of wealth and power. Mercantilism stressed the accumulation of gold and silver Establishment of colonies, navy Mercantilism brought the monarchy and the state into the economy Monarchs tax imports, state licenses to trade Mercantilism expanded when colonial powers reached the western hemisphere New opportunities for trade Only monarchs could create colonies British colonial governments modeled after government back home. Starting in the 1700’s scientiﬁc thinking leads to the enlightenment The most important ideas about modern government, economics and society were developed John Locke - Natural rights of life, liberty and property Thomas Hobbes - People and their rulers are party to a social contract that deﬁnes the rights and powers of each Voltaire - Reason, freedom of religion, scientiﬁc observation Montesquieu - separation of powers William Blackstone - Common law - legal decisions should be made based on those made in the past. 1.4 “No government demands so much from the citizen as a democracy and none give so much back” - James Bryce The American concept of democracy rests on 5 basic notions 1. Recognition of the fundamental worth and dignity of the individual 2. Respect for the equality of all persons 3. Faith in majority rule, but insistence on minority rights 4. Acceptance of the necessity of compromise 5. Insistence on the widest degree of individual freedom There are responsibilities, duties and obligations of citizenship Citizen - one who holds both rights and responsibilities in a state “The ﬁrst requisite of a good citizen is that he should be able and willing to pull his own weight.” - T Roosevelt Duties revolve around our commitment to obey the law. Responsibilities - paying taxes, voting, serving as a juror The American commitment to individual freedom is evident in the economic system as well Free Enterprise - private ownership of business, business decisions made by private individuals, not government 2.1 The Beginnings of American Government In the early 1700s, England came to dominate the colonies along the Atlantic seaboard Brought with them English ideas about government Limited government, common law, constitutionalism Three basic notions underlie the shaping of the United States government Ordered government - Government is regulated, predictable Limited government - Government is restricted. Every individual has rights the government can’t take away. Representative government - Government should serve the will of the people. People have a voice in deciding what the government can/can’t do These ideas can be traced to several landmark documents in English history Magna Charta (1215) - limits power of the king. Trial by jury, due process of law Petition of right (1628) - more limits on king’s power. No punishment without lawful judgement No standing army in times of peace No tax without consent of parliament Even the king must obey law of the land English bill of rights (1689) Free parliamentary elections Strengthened parliament As the colonies developed. Each created a system of government based the English system. “Schools of government” Each born out of a unique set of circumstances Each colony granted a charter - grant of authority from the king Granted land and certain amount of power Three different types of colonies developed Royal colonies - direct control of the crown King names governor and council Council evolved to a bicameral (two house) legislature Proprietary colonies - Grant of land given by king to another person (proprietor) Governor is appointed by proprietor. MD&DL - bicameral legislature, PA unicameral Charter colonies - founded for a variety of reasons, given more leeway by the king Largely self governing Governor elected by white, male property owners King’s approval not needed 2.2 For the most part, parliament ignored the colonies - Salutary neglect The colonies were under the control of the privy council and the board of trade. By the mid 1700’s the agreement had become basically a federal system. London provided defense, uniform system of money and credit, common market Beyond that the colonies enjoyed mostly self rule. French and Indian War 1754-1763 Britain drives the French out of North America George III came to the throne in 1760 The war had been very expensive. Since the war had been fought to protect the colonies, parliament ﬁgured that they should help pay for it. New taxes were levied, old policies were enforced. Colonists objected “Taxation without representation” Colonies began to attempt to speak with one voice 1643 - “New England Confederation” - Early attempt at unity in protection against native attacks. 1754 - Board of Trade calls meeting of colonial representatives in Albany NY. To discuss the problems of colonial trade. Benjamin Franklin proposed the Albany Plan of Union Annual congress of delegates from the colonies. Congress could raise an army Make war and peace with natives Collect customs duties The plan was never adopted. Colonies didn’t want to lose autonomy. Crown said heck no. The Stamp act was passed in 1765 October 1765 - nine of the colonies sent delegates to the Stamp act congress. Wrote a letter to the king denouncing the stamp act First time a signiﬁcant number of colonies joined in opposition to the British government. Stamp act was repealed, but more laws were enacted. (Townshend acts, intolerable acts, tea act) Mob violence such as the Boston Massacre followed September 1774 First continental congress is called in response to the intolerable acts. Delegates from every colony but Georgia. (september, bad roads) Met for two months. Still trying to work with the king. They issued the Declaration of Rights and Grievances. Claimed that they were still loyal English subjects and had not lost their rights as such. They also encouraged a boycott - refusal to buy British goods Britain refused to compromise May 1775 - Second continental congress meets Shots already ﬁred at Lexington. Boston under seige Congress issues the Olive Branch Petition - last attempt to make peace. George III rejected it. Second continental congress, was, in effect the ﬁrst government of the United States with both legislative and executive powers. They fought a war, raised a military, borrowed money, bought supplies, created a new monetary system, and established relationships with foreign powers. June 7, 1776 Richard Henry Lee of Virginia proposes the Virginia Resolves “These United Colonies are and of right out to be, free and independent states; that they are absolved from all allegiance to the British Crown and that all political connection between them and the State of Great Britain is and ought to be, totally dissolved. The congress debated the resolution and issued the Declaration of Independence. Thomas Jefferson borrowed ideas from Locke to create the Declaration The declaration was approved on July 2, 1776 The United States was born with the adoption of the declaration. First time ever that a political system suggested that the people should rule. First to recognize equal, individual, unalienable rights Founded on “consent of the governed” as the source of political power. Government exists to serve the will of the people These ideals helped create a national identity. Set America and Americans apart, united them under a core set of beliefs After the declaration, the states began setting up their individual constitutions. Original idea was 13 separate “nations” Assemblies and conventions wrote them, then sent to the voters to ratify. The state constitutions differed in their details, but they shared a number of things in common. Popular sovereignty - People are the source of government power Limited government - governments can only exercise the powers given by the people. Civil Rights and liberties - government must respect the rights of the people Separation of powers - Powers of state governments are separated. Checks and balances - branches of government can restrain the others 2.3 Following the declaration, congress debated for 17 months to determine how the new national government would work. Issues How much money should each state pay into a common treasury? Population? Land? The congress created the Articles of Confederation The articles called for a loose confederation, with no strong central government. The new government would be made up of a congress of delegates that was chosen by the state legislatures. Each state could send as many as 7 delegates. BUT Each state got one vote. The powers of Congress under the Articles were extremely limited. Declare war Negotiate peace Regulate foreign affairs Establish relations with Native Americans The Congress could NOT raise money through taxes. On minor issues, a simple majority (7 states) was needed to pass a law But on major issues, 9 states had to agree A unanimous decision was needed to amend the articles. It soon became evident that the Articles were very weak No common currency among the states Congress ran on “Contributions” from the states No power to make them pay The slowdown in trade created unemployment in the seaports Farmers can’t sell their goods. Merchants can’t sell imported goods or pay for those they import Suppliers in Britain won’t sell to merchants anymore Merchants attempt to sue farmers for debt. Farmers are at risk of losing their farms 1787 - Massachusetts Daniel Shays, a Revolutionary war veteran leads a revolt 1,000 farmers attempted to seize weapons from an armory and shut down the courts. The state raised an army and put the rebellion down. This led other states to suspend debt lawsuits Others flooded the economy with paper money. Clearly a new, stronger federal government was needed. The Congress called for a meeting in Philadelphia. “For the sole purpose of revising the Articles of Confederation.” They ended up throwing the articles out and starting over. 2.2.44 2.4 Constitutional Convention of 1787 They agreed that the Articles were flawed Two major changes were needed Congress needed the power to regulate international and interstate trade. Congress needed the power to tax 12 states sent delegates Rhode Island refused to attend May 25, 1787 The windows and doors of Independence Hall were closed to maintain secrecy The delegates were all white, wealthy males. Jefferson and Adams were away in Europe The rest were leading statesmen of the day. Many were lawyers Many had helped write state constitutions 21 were Revolutionary War veterans 8 had signed the Declaration of Independence George Washington was elected president of the convention Two separate groups emerged Alexander Hamilton Very Conservative Advocated a strong central government Believed that the presidency should be for life. Wanted to model the govt. after the British system. James Madison Advocated a large republican government He provided the first blueprint for the constitution Kept notes as a record of the convention Proposals were taken for plans of government Two major plans came to the forefront. The Virginia Plan Proposed by Madison The government would divide power between three branches (legislative, executive, judicial) Bicameral legislature Delegates to legislature elected according to population Congress could veto any state law Strong president elected for 7 years The New Jersey Plan Proposed by William Paterson One house legislature States have equal representation No president - executive committee Congress would have no power to veto state laws Roger Sherman of Connecticut proposed the GREAT COMPROMISE It was a combination of the two plans The great compromise Powerful president Two house legislature SENATE -- each state represented equally (2 senators each) HOUSE OF REPRESENTATIVES -- states represented by population Power divided between legislature, president and judiciary The great compromise forbade congress from being able to veto state laws Instead, a power sharing system known as FEDERALISM emerged. States were forbidden from issuing their own money and from passing certain laws One of the greatest divisions came over slavery. The north had more free people (therefore more representation in the house) The south feared northern dominance They also feared that the north would attempt to do away with the slave system Essential to the southern economy The delegates from SC and GA threatened to walk out if the constitution didn’t protect slavery. SLAVE TRADE COMPROMISE Forbade congress from blocking slave importation for 20 years. 3/5 compromise Counted slaves as 3/5 of a person - increased the total population count in the south. The compromise also required northern states to return escaped slaves to their owners. The convention ended on September 17, 1787 The constitution was now sent to the states to ratify Each state had to approve the constitution. If 9 states approved, the constitution would go into effect. Each state held special “Ratifying Conventions” Two groups emerged The Federalists Favored ratification Washington, Hamilton, Madison Felt that a strong central government could effectively rule the country Anti-Federalists Called the Constitution a “retreat from the liberty won by the revolution” Said the constitution took power from the states and gave it to the federal government No mention of individual liberties. Preferred a weak central government. Sam Adams, John Hancock Most people sided with the Anti-federalists They felt the constitution provided for a government run by elites Rural Americans were split Some distrusted the lawyers and merchants who created the constitution BUT others liked the protection from natives. The federalists were supported among the city-dwellers Felt that a strong national government could help American commerce The federalists mounted a nation-wide campaign for support The three leading federalists, Hamilton, Madison and John Jay, wrote The Federalist Papers 85 essays published in newspapers They argued that the separation of powers would prevent the concentration of power. They also said that the US would dissolve without a strong federal government. The Federalists pushed for quick ratification By mid January, the Constitution had been ratified in 5 states PA, DE, NJ, GA, CT They only needed four more to win. In Massachusetts, the Federalists faced defeat John Hancock was an important Anti-federalist After they said he could be the nation’s first Vice President if he switched sides. Hancock also wanted a Bill of Rights added to the Constitution. They agreed to add a Bill of Rights AFTER ratification The promise of a Bill of Rights helped push through ratification MA, SC, NH, ML soon ratified New York was strongly anti-federalist They ratified after NYC threatened to secede from New York Virginia narrowly ratified Patrick Henry was against it. With the approval of 11 states, the constitution passed ratification Rhode Island and North Carolina soon ratified Soon plans were made to enact it, and elect the new government New York City was chosen as the first National Capital. One victory that the Antifederalists won was the addition of a Bill of Rights Madison wrote the first ten amendments, modeling them after the Virginia Bill of Rights The Bill of Rights guarantees individual rights of citizens. * 3.1 The republic created by the constitution based on 6 basic principles. Popular Sovereignty The political authority of the government comes from the people. Limited Government The power of the government is limited to the powers given in the constitution. Government leaders are not above the rule of law. Separation of Powers Each branch of the government has certain powers assigned by the constitution. Federalism Power is shared between the states and the central government. Checks and Balances Prevents any one branch of the government from having too much power. Representative government The people elect representatives to congress to make laws The people elect the president The constitution is relatively brief Less than 5,000 words Very ambiguous Flexible The Preamble - states the purpose of the document. We the people of the United States in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare and secure the blessings of liberty for ourselves and our posterity do ordain and establish this constitution of the United States. Article 1 Legislative branch How the house of representatives is elected Apportionment Lawmaking process Power of Impeachment To ACCUSE a federal officer of wrongdoing How the Senate is elected Vice president as President of Senate Power to TRY impeachment Powers of Congress - Article 1, section 8 Collect taxes Borrow money on behalf of the US Regulate international and interstate commerce Naturalization of citizens Coin Money Punishment for counterfeiting Powers of Congress - cont. Establish post offices Oversee copyrights To create superior courts To define and punish piracies To declare war To raise the armed forces To make laws for the common good. Powers denied to Congress May not deny the writ of habeas corpus (Unless public safety requires it) No bills of attainder or ex post facto laws No tax may be levied on products exported by any state No tax may be levied on interstate trade No titles of nobility Powers denied to the states States may NOT Coin money Establish treaties with foreign powers Pass any ex post facto law Grant titles of nobility Levy taxes on imports Create their own militia without permission of congress Article 2 - Executive Branch Term of the president Assignment of electors Requirements to run for president What happens when a president can’t finish the term Presidential salary Powers of the president Commander in chief of armed forces Oversight of executive departments Power to grant pardons Make treaties (approved by senate) Appoint ambassadors (approved by senate) Appoint Supreme court and federal judges (approved by senate) Duties of president Report to congress on the state of the union Recommend laws Convene emergency session of congress Receive ambassadors of other nations Enforce the laws passed by congress Impeachment The president, vice president and other officers shall be removed from office upon impeachment and conviction of treason, briber or other “high crimes and misdemeanors” Article 3 - Judicial branch System of courts Jurisdiction of courts Trial by jury Definition of Treason When a citizen levies war against the United States, provides aid or comfort to the enemy Article 4 - relations among the states Full faith and credit Sharing of public records between states Recognition of public acts between states Privileges and immunities of citizens Montana citizens don’t follow different laws in Idaho Extradition of criminals Addition of new states Protection of the states by the Federal government Article 5 - Amendment process How the constitution is amended Two step process Proposal by 2/3 vote of congress Or Proposal by 2/3 of the states Then Ratified by 3/4 of state legislature Or Ratified by 3/4 of state conventions Article 6 - National Debt, Supremacy of Law, Oaths of office Debts incurred before the constitution are still valid The constitution is the “Supreme Law of the Land” Elected officials must take an oath to defend the constitution And - no religious test shall ever be taken for requirement of office Article 7 - The ratification process 9 states needed to approve The amendments Changes made to the constitution There are 27 of them First 10 are the Bill of Rights Bill of rights was added three years after the constitution was ratiﬁed. (1791) Proposed by the ﬁrst congress (OK, James Madison) The bill arose out of the discussion during ratiﬁcation Many only supported ratiﬁcation if the bill was included The Bill of Rights I Freedom of Speech VI Speedy and public II Right to bear arms trial VII Trial by Jury III Quartering of VIII Cruel and unusual Troops punishment IV Search and IX Unenumerated Seizure rights V Due Process X powers of the states The other 17 deal with various issues that have come up in the 221 years since the constitution was signed. 11th amendment - Suits against states (1795) A resident from one state cannot sue the government of another state. Chisolm v Georgia State of Georgia had lost a case in the supreme court Resident of SC sued state of Georgia over land ownership 12th Amendment - Election of President and Vice president (1804) Separate elections Process for situations where no candidate receives a majority of electoral votes Congress chooses the president 13th Amendment (1865) Slavery is illegal in all states Congress may pass laws to enforce this amendment 14th Amendment - definition of citizenship (1868) Everyone born in the US is a citizen No state may deny any person the rights of life, liberty and property without due process Sets voting restrictions to 21 yo males Former confederates cannot be elected to office US won’t void debts of states engaged in rebellion Congress can pass laws to enforce this amendment Equal protection clause 15th Amendment -- right to vote for African Americans (1870) Right to vote may not be taken away on basis of color, race or previous slavery 16th Amendment - (1913) Establishment of Income Tax 17th Amendment - Popular election of senators (1913) Two senators from each state Elected by the people “Montana Amendment” 18th Amendment - Prohibition (1919) Manufacture, sale or importation of alcohol is illegal 19th Amendment - Women’s suffrage (1920) The right to vote may not be denied based on gender 20th Amendment - “Lame Duck” Amendment (1933) Congressional Terms moved from March to January Presidential Succession If the president elect is unable to take office, the Vice president elect will take office If the Vice president elect is unable to take office, the house of representatives will choose the president. 21st Amendment - Repeal of Prohibition Booze is legal again(1933) 22nd Amendment - Presidential Tenure (1951) Limits the tenure of president to two terms 23rd Amendment - presidential electors for Washington DC (1961) Allows the residents of Washington DC to vote for the president. 24th Amendment - Poll Tax (1964) Forbids the use of poll taxes 25th Amendment - presidential succession (1967) If the president is unable to perform his duties, the Vice President will become president. 26th Amendment - Voting Age (1971) No state may deny the right to vote to any persons age 18 or older 27th Amendment - Congressional pay (1992) A sitting congress cannot vote themselves a change in pay. 3.2 How has the constitution endured? The constitution today is not the same as the constitution written in 1787. There have been two basic ways constitutional change can happen FORMAL AMENDMENT INFORMAL MEANS Formal amendment: Fifth Article of constitution Two steps: Proposal and Ratiﬁcation Two methods of proposal: ⅔ vote in each house of congress ⅔ of state legislatures request national convention Two methods of ratiﬁcation: Ratiﬁed by ¾ of state legislatures Ratiﬁed by conventions of ¾ of states. When congress proposes the amendment, it chooses the method of ratiﬁcation 26 of the 27 amendments were adopted through the congressional proposal/state legislature ratiﬁcation method. The 21st amendment was added through the state convention method (They felt conventions would better reﬂect the “will of the people”) The amendment process is a reﬂection of federalism. How? Criticisms of process? Notice who has nothing to do with the process? (see article 2) There have been roughly 12,000 amendments proposed by congress since 1789. 33 have been sent to states 27 have been adopted. The constitution can be changed by other means as well. Five key ways 1. Basic Legislation 2. Presidential action 3. Supreme court decisions 4. Political party actions 5. Custom Basic legislation Congress has changed the constitution in two ways: 1. “Adding ﬂesh to the bones” Laws that clarify wording of the constitution E.g. - Article 3 is very vague Judiciary act - all courts created by acts of congress Article 2 - creates only oﬃces of President and Vice president Departments, agencies of exec branch created by congress. 2. Congress can add to the constitution through implied powers “Regulate foreign and interstate commerce” What is commerce? What is regulate? Presidents can add to the growth of the constitution Article 1,sec 8, clause 11 - Congress has the power “to declare war...” But president is Commander in Chief Presidents have used armed forces 100’s of times without declaration of war Presidents can effect change through executive agreements and treaties with other nations. Art 1, sec 1 “Executive power shall be vested in a president of the United States of America” Executive - “relating to managing an organization or political administration and putting into effect plans, policies, or laws.” Executive agreement - pact made directly with the head of a foreign state (Lend-lease act, Louisiana purchase) Executive agreements do NOT require senate approval Treaties are formal agreements between two sovereign states Court decisions have affected our interpretations of the constitution through the years. SCOTUS interprets and applies the constitution to the cases they hear. One of the most signiﬁcant constitutional interpretations by the court was in in the case of Marbury v Madison In 1789 congress passed the judiciary act, creating a number of new judicial posts William Marbury was appointed to a judicial post by outgoing POTUS Adams in 1801 (Midnight judges) New Secretary of State James Madison refused to certify the appointment Marbury sued to force certiﬁcation Marbury v Madison (1801) Question 1. Do the plaintiffs have a right to receive their commissions? 2. Can they sue for their commissions in court? 3. Does the Supreme Court have the authority to order the delivery of their commissions? The court found that Madison’s refusal to deliver the certiﬁcation was illegal But didn’t compel him to deliver it The court also ruled that the part of the judiciary act of 1789 which had allowed Marbury to bring his claim to the supreme court was unconstitutional Chief Justice Marshall argued that the Judiciary Act of 1789 conﬂicted with the Constitution because it gave the Supreme Court more authority than it was given under the Constitution. BUT In declaring the law unconstitutional, the court established the principle of judicial review. - Judicial Review - Power of the court to determine the “constitutionality” of a government action. - Ie, does it violate some constitutional provision? - If a law is judged unconstitutional, it is declared illegal and null and void. The nation’s political parties have also been an agent of constitutional change. The constitution doesn’t provide any guidance on nominating candidates National conventions have become traditional Organization of congress is on basis of party Unwritten customs have come to be as strong as written law. Cabinet - not mentioned by constitution, but established by Washington VP succession was a tradition until the 25th amendment Senatorial courtesy - Senate will only approve a federal judge or US marshal if it is acceptable to the senator from the state involved 3.3 Federalism One of the major challenges in 1787 was how to create a strong central government while also respecting the rights of the states? The founders wanted to create as limited a government as possible. 1. Governmental power poses threats to individual liberty 2. Therefore the exercise of govt power must be restrained 3. Governmental power should be divided to prevent its abuse. (Montesquieu) The founders developed a power sharing agreement called Federalism Federalism - a system of government in which a written constitution divides the powers of government on a territorial basis between a central government and several regional governments. The constitution assigns certain powers to the national government and others to the states. 10th Amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Essentially creates two levels of government, each with its own authority, each operating over the same area and the same people. Federalism allows local control of matters of local concern. Needs, traditions and desires vary from state to state. Many, many examples - full serve gas in Oregon and New Jersey, unicameral legislature in Nebraska, states with no sales tax Welfare reform act 1996 gave states more discretion in who could receive ﬁnancial assistance (AFDC, food stamps, etc) Federal Powers - National government is one of delegated powers Natl govt only has the powers granted to it by the constitution. Three types of delegated powers - Expressed (enumerated) power - Powers which are spelled out expressly in the constitution. Article 1 sec 8 18 separate clauses which give 27 powers Lay and collect taxes, coin money, etc Article 2, sec 2 gives the president certain expressed powers Commander in Chief, pardons, treaties Article 3 grants judicial power to supreme court and federal judiciary Some amendments create expressed powers 16th gives authority to levy income tax Implied powers Powers not expressly spelled out in the constitution, but are reasonably suggested by the wording of expressed powers Article 1, section 8, clause 18 Congress has the power “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Oﬃcer thereof”. Decades of court and congressional interpretation have been applied to the words “necessary and proper” It has been called the “elastic clause” It has been stretched to cover so many situations. There have been thousands of examples of the exercise of implied powers. Interstate highways, civil rights laws, labor-management regulations Inherent powers - powers that belong to a government simply because it IS a government Immigration regulation, territory acquisition, diplomatic relationships with other states, protect nation against invasions, rebellions The constitution also denies powers to the federal government in three ways Expressly spelled out: Duties on exports, First amendment and criminal protections Powers denied due to silence in the constitution Congress can’t create a school system, enact uniform divorce laws, etc Powers are also denied to the national government because of how the federal system itself operates. The national government can’t take any action that would threaten that system Eg, the national government can’t tax the governments of states, municipalities. The states have a number of reserved powers Powers that are not granted to the national government, but are not denied to the states. Establishment of schools, Marriage laws, professional licensing, land use laws, Scope of state powers is huge Most of day to day government is done at the state level “Police power” - power of a state to protect and promote the public health, morals, safety and welfare of its citizens Exclusive powers - Powers that can only be exercised by the national government Coin money, enter treaties, create tariffs, interstate commerce Concurrent powers - powers held by both state and federal governments Taxation, crime and punishment, This division of power can create a number of conﬂicts between state and national governments Article 6, sec 2, This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. The supremacy clause places the constitution as the “highest law in the land” This is where Marshall took the authority to create Judicial Review In the federal system, the supreme court is the “umpire” in conﬂicts between the states, as well as between the states and the central government McCulloch v Maryland Congress created the second bank of the United States in 1816 The state of Maryland enacted a tax on the bank McCulloch, cashier of the Baltimore branch of the bank refused to pay the state tax McCulloch v Maryland Question 1. Did Congress have the authority to establish the bank? 2. Did the Maryland law unconstitutionally interfere with congressional powers? The court held that congress could create a bank, and Maryland couldn’t tax a department of the national government. The court applied the necessary and proper clause to show that congress could create a bank to help operate the government. 3.4 The constitution places several obligations on the national government for the beneﬁt of the states Article 4 States are required to have a “republican form of government” Representative government, states can’t have a king After the Civil War, southern states were required to allow AA voters The federal system assumes that each state will keep peace within its own borders (police power) The federal government can be called in to assist by state’s governor Race riots in Detroit in 1967, etc The president doesn’t need to wait for request from governor President Cleveland ordered troops to quell rioting in Chicago rail yards The 4th article also sets how new states are added to the union. Only Congress can admit new states. Can’t create a state out of an existing state without that state’s permission 37 states have been added. Admission procedure for new states Area desiring statehood asks for admission Congress creates an Enabling act Area creates a constitution/voters ratify it Congress can approve/deny that constitution If approved, congress passes an act of admission President signs act creating a new state There are often conditions placed on the new area before it can become a state In 1896, Utah had to outlaw polygamy to become a state Congress cannot set political conditions In 1911 congress tried to interfere with Oklahoma from moving its state capital. There are a number of shared powers as the federal and state governments cooperate on a number of areas Many of them involve money Grant in aid programs - Money from the federal government to states to help cover the cost of day to day functions These are used to create schools, roads, canals, state universities The grants in aid can be divided into three types Categorical grants are made for a speciﬁc purpose School lunches, airports, Some strings attached 1. State must use money for speciﬁc purpose 2. State must make its own monetary contribution 3. State must provide an agency to administer the grant 4. Obey a set of guidelines tailored for the speciﬁc purpose Block grants Much more broadly deﬁned than categorical grants Healthcare, social services, welfare Fewer strings attached Project grants - Grants made to states, localites, agencies HHS grants to support research Dept of Labor grants for job training There are many other forms of federal aid to the states FBI will assist local law enforcement Census bureau assists local govts Article 4 also helps reduce frictions among the states It allows for interstate compacts - agreements between states Creation of port authority in NY/NJ Sharing of law enforcement data, wildlife conservation pacts, interstate use of universities Art 4 sec 1 - Full faith and credit shall be given in each state to the public acts, records and judicial proceedings of each state Each state recognizes other states’ marriages, divorces, degrees, etc Extradition- a fugitive from justice must be returned to the state from which he ﬂed. The privileges and immunities clause means that no state can draw unreasonable distinctions between its residents and those of another state Montana can’t charge a higher tax to out of staters However, reasonable distinctions can be drawn. Non-resident hunting/ﬁshing licenses 4.1 The founders distrusted a strong executive Kings had abused their power List of grievances US started as a representative assembly - House of Burgesses, Massachusetts assembly, Continental Congress But they hesitated to put too much power in a body elected directly by the people They created congress as part of a larger system of checks and balances Members of Congress today play ﬁve different roles 1. Legislator 2. Representatives of their constituents 3. Committee members 4. Servants of their constituents 5. politicians Representatives of people On what basis do they make their vote? Each legislator has four voting options: A delegate - See themselves as agents of the people who elected them. Vote how the “folks back home” want Suppress their own view, ignore party leadership, ignore special interests. A trustee - Each question is decided on its own merits Vote conscience “Call issues as they see them.” A partisan - First allegiance is to party Feels duty bound to vote in line with party leaders Partisanship is the leading factor in inﬂuencing legislators’ voting pattern A politico Attempts to combine all of the other elements As committee members, senators and representatives screen bill proposals They decide which bills will go to the full ﬂoor Oversight function Congressional committees oversee the agencies of the executive branch Servants of the people Legislators and their staff help people dealing various aspects of the federal bureaucracy But who are they really? Congress is NOT a cross-section of America Average member of congress: White male in his late 50’s However, congress is becoming more diverse: 118th congress (2024) Average age 58 Majority have a degree 153 women 64 African Americans 61 Latinos 5 Native Americans The average senator is serving his second term Typical representative serves 4 terms Terms and sessions A term of congress is 2 years Starting on Jan 3 of odd numbered years A session is when congress actually convenes to conduct business Today, congress is pretty much always in session Neither house may adjourn without the others consent The president can call a special session of congress 27 times Most recently in 1948 - Truman called it to consider anti-inﬂation measures after WW2 Congressional compensation Senators and congressmen are paid $174.000/year Some member make more SOH $223,500 There are several non-salary compensations as well “Fringe beneﬁts” Special tax deductions Cheaper health insurance Retirement at $150.000 Franking privilege Members can mail postage free Free printing and distribution of speeches, Why do people run for congress? Anxious to make a difference Prestige of oﬃce 4.2 The size of the house is not set by the constitution So... why 435? Set at 435 in 1911 Stays at 435, seats are shifted as population shifts around the country Montana used to have one seat, then population rose. House terms are two years long Next election is always around the corner Makes reps pay attention to “folks back home” No limits on how many terms Every 10 years, congress reapportions the seats Census As population and states were added, the number of seats grew. census of 1910 - 435 seats. Census of 1920 - congress didn’t reapportion Before the census of 1930, congress passed the reapportionment act of 1929 1. Sets size of house “permanently” at 435 (congress can change that) Average member of the house represents 700,000 people 2. After each census, the census bureau determines the number of seats each state receives There have been 8 reapportionments There are 435 congressional districts (7 states have only one representative) The other 43 states have 428 districts. Originally, states chose the method of election. Single member districts - voters in each district vote for their representative At large - state as a whole elects representatives for district Is this fair? NO - a party with a small plurality could win all the districts 1842 - at large elections done away with All seats are single member State legislatures are responsible for drawing the district lines Some rules - Must be made up of contiguous territory Equal number of inhabitants Compact territory These rules have been mostly ignored Many states have been gerrymandered Congressional districts drawn to beneﬁt the party in charge at the time of redistricting Gerrymandering either concentrates the opposition in one or a few districts Or spreads the opposition as thinly as possible Gomillon v Lightfoot Illegal to gerrymander based on race Westbury v Sanders 1964 Required that districts be drawn so to represent equal populations According to the Constitution, if you can vote for your state’s legislature, you can vote for congressional elections Originally up to the state to set dates of elections for congress 1872 - Congress set election day for ﬁrst Tuesday following ﬁrst Monday in November Formal qualiﬁcations 25 years old 7 years US Citizen Inhabitant of the state from which they are elected Custom has held that a representative must live in the district they represent The house is the “judge of its own election” If a member’s right to be seated is in question, the house decides the matter The house may refuse to seat a member May also punish a member for disorderly behavior ⅔ vote - may expel a member The house has added a number of standards of behavior over the years 1900 - refused to seat a Utah representative-elect due to his practice of polygamy 1920 - Victor Berger expelled for his writings denouncing US involvement in WW1 1969 - SCOTUS rules the house may not expel a member who meets constitutional requirements Each district has a number of informal qualiﬁcations. Rural voters are going to look for certain things in candidates, urban voters will look for different things Some informal qualiﬁcations Party aﬃliation, name familiarity, ethnicity, gender, political experience The Senate “Two senators from each state” art 1 sec 3 As the country has grown, so has the senate Senate is seen as a more “enlightened and responsible body” than the house Senate has a longer term, stricter qualiﬁcations Each senator represents an entire state Much broader and diverse population to represent Election to the senate Originally senators chosen by state legislatures. Since the passage of the 17th amendment (Clark) they have been elected by the people All senate districts are “at large” The whole state is a district Senate term is six years No term limit Robert Byrd served for over 50 years Longest serving senator in history Terms are staggered so the senate is a “continuous body” ⅓ of the seats are up for election every two years Why does the senate have a longer term than the house? Greater job security Insulation from “rough-and-tumble” of day to day politics Less subject to pressures of public opinion and interest groups Senators are supposed to be more focused on the “big picture” of national concern Reps are more concerned with issues in their district and how they are impacted by national politics Qualiﬁcations Higher level of qualiﬁcations than the house Senator must be: 30 years old US Citizen for 9 years Inhabitant of state he represents Informal qualiﬁcations Much the same as the house Part, name, experience, incumbency The senate can also judge the qualiﬁcations of members when they are challenged Senate has refused to seat members on three occasions Fifteen senators have been expelled 1797 - Senator William Blount of TN conspired to lead attacks on Spanish Florida 14 senators from confederate states were expelled in 1861 4.3 Congress is not unlimited in its power Congress only the powers granted to it by the constitution. There are a lot of powers which are denied to the congress 1. Through language in the constitution 2. By the constitution’s silence 3. Through the nature of the federal system The constitution does grant powers in three different ways: Expressed powers - speciﬁcally spelled out in constitution Implied powers - by reasonable deduction from the expressed powers Inherent powers - powers that all governments have Expressed powers Most found in Article 1, sec 8 18 clauses 27 powers The language of these powers is brief “Flesh” has been added to the “bones” of these powers through the way congress has exercised those powers Supco cases have also helped ﬂesh out those powers Art 1 sec 8 clause 3 “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” Congress and the SUPCO have spent the last 200 years deﬁning this clause What is commerce? Commerce Buying and selling goods? People crossing state lines? Business practices? Internet? The commerce clause and the taxation power have given rise to almost all of the implied powers. Commerce, generally, is the buying and selling of goods and services Commerce power is the power of congress to regulate Commerce power has done more to build a strong United States than any other part of the constitution Gibbons v Ogden (1824) First case involving commerce to reach Supreme Court Conﬂict between New York and Fed Gov New York gave Robert Fulton the rights to navigate Hudson River (monopoly) Fulton gives Aaron Ogden a permit to run steamboats between NYC and New Jersey Gibbons is carrying passengers on a different steamer line Ogden sued, NY courts ruled in his favor Gibbons appealed to SUPCO Claimed NY didn’t regulate commerce, but Congress SUPCO agreed Rejected Gibbon’s argument that “commerce” should be deﬁned narrowly Court argued that commerce was more than buying and selling of goods Destroyed the monopoly on steam routes The broad deﬁnition of commerce expanded the federal power Civil Rights act of 1964 which prohibits discrimination in access to hotels, theatres, bus stations, etc was based on congress’ ability to regulate commerce *** There are some limits on the commerce power, however. US v Lopez Gun Free School Zone act of 1990 made it illegal for anyone other than a police oﬃcer to possess a gun in a school (fed law) SUPCO could not ﬁnd a connection between guns in school and the commerce clause. Struck down the law. Found that congress had violated the 9th amendment There are four constitutional limits placed on the commerce power: 1. Cannot tax exports (art 1, sec 9, clause 5) 2. Cannot favor the ports of one state over the ports of another (art 1, sec 9, clause 6) 3. Cannot require that “Vessels bound to or from one state be obliged to enter, clear, or pay duties to another” (art 1 section 9, clause 6) 4. Couldn’t interfere with the slave trade until 1808 (Article 1, sec 9, clause 1) The money powers Congress has several expressed powers related to money Tax, borrow, bankruptcy, coin money Tax - Remember, AOC didn’t give congress the power to levy taxes. Had to ask (beg) the states to contribute Through the 1780s not a single state came close to meeting the few requests Some contributed no money at all Power to tax was one of the main reasons for the Constitutional Convention Tax - a charge levied by a government on persons or property to raise money to meet public needs. 95 percent of revenue taken in by the federal government is through taxes. There are limits on the taxing power. It is not unlimited Taxes must be used in accord with the rest of the constitution Can’t tax church services (1st amendment) There are explicit limitations on taxation in the constitution: 1. May only tax for public purposes, not private beneﬁt 2. May not tax exports 3. Direct taxes must be apportioned among the states according to their population (hasn’t been done since the civil war.) Borrowing Power Congress may borrow money on the behalf of the US No limit on the amount of money Congress may borrow BUT there is a ceiling on the public debt. (Congress can raise it) Public debt - all the money borrowed by the federal government and the interest on that money Current public debt is roughly 23 Trillion For years, the government has practiced deﬁcit ﬁnancing Regularly spends more than it takes in. Has to borrow to make up the difference Bankruptcy power Congress may establish laws dealing with bankruptcy Bankruptcy - Legal proceeding in which a bankrupt person or company’s assets are distributed among those to whom a debt is owed. Currency power - Power to coin and regulate money Other domestic powers - Copyright - rights of an author to publish and sell creative works Good for the life of the author plus 70 years Patent - grants a person the right to sell, manufacture or use a “new and usefull process, machine, manufacture... Postal power - Art 1 sec 8, clause 7 Postal service is an independent agency. 32,000 post oﬃces in the country There are a number of crimes based on the postal power - Against the law to obstruct the mail or use the mail to commit an illegal act. Can’t mail certain items - liquor, animals, obscene material, dangerous items. Weights and measures Congress can set standard of weights and measures Makes sure a pound weighs a pound Naturalization - Congress establishes the process for creating citizens (14th amendment) Congress and foreign policy Federal govt wields powers in foreign affairs (states don’t have sovereignty, so they can’t) POTUS is given primary responsibility for the conduct of foreign policy But congress does have a signiﬁcant role Authority comes from two sources - Expressed powers - spending, commerce, war powers Inherent powers of the legislative branch of a sovereign government War Powers Six of the 27 powers in Art 1 deal with war and natl defense POTUS is Commander in Chief, but congress still has signiﬁcant powers Only congress may declare war Only congress can raise and support armies Major question: As Commander in Chief, can the president make war in the absence of a declaration by congress? War powers resolution - Undeclared war in viet nam. Congress passed the WPR Potus can only commit troops to combat abroad only 1. If congress has declared war. 2. When congress has authorized military action 3. When an attack on the US or its armed forces has occured. WPR, cont If #3, the president must report to congress within 48 hours Commitment must end within 60 days unless congress extends it We have yet to see a situation where the constitutionality of WPR has been questioned. Ie -what happens if congress declares war, but POTUS disagrees? 4.4 Implied and non-legislative powers The constitution says nothing about education, yet, Congress provides millions of dollars a year to the Department of education. -Implied powers - powers drawn from expressed powers. Constitutional basis is the Necessary and proper clause This is a crucial clause of the constitution - allows it to be a living document. The elastic clause was the subject of one of the most important disputes in US history. Much of the concern during the ratiﬁcation ﬁght was over congressional powers Strict interpretation vs Liberal interpretation Strict interpretation Loose interpretation The constitution must The constitution gives be followed to the the government letter. several “Implied The powers of the Powers” government are limited Article 1, section 8 to those spelled out in gives the congress the the constitution. power to make laws Jefferson, Madison “necessary and proper to carry out its duties” Hamilton Jefferson and the strict interpretationists wanted to keep as much power in the states. Hamilton favored an “energetic” federal government McCulloch v Maryland was the case that upheld the implied powers. (Remember, Bank of US?) By allowing the bank, the court upheld the liberal interpretation of the constitution through the elastic clause. Over time, that ruling by the court has led to much broader powers for the national government. Commerce clause Ever since Gibbons v Ogden led to the broad deﬁnition of commerce, the government has used this deﬁnition to use the term commerce to include every form of economic activity. Manufacturing, wages, labor relations, food, air travel, etc, etc There are limits on the commerce power 1. Can’t tax exports 2. Can’t favor the ports of one state over another 3. Can’t require that vessels bound for one port be required to pay fees at another 4. Couldn’t interfere with slave trade til 1808 Elastic clause and the war powers - Congress can raise army - how? By combining the power to raise armies with the elastic clause Congress may impose a draft Investigative powers - Congress has the authority to investigate any matter that falls within its lawmaking authority Both houses may conduct investigations to 1. Gather information necessary to the creation of legislation 2. Oversee operations of exec branch 3. Focus public attention on a particular matter 4. Expose the questionable activities of a public oﬃcial, private person or group 5. Promote the particular interests of some members of congress Executive powers Two executive powers are granted to the senate Approval of presidential appointments to supreme court and cabinet Approval of treaties Impeachment The president or other oﬃcers of the US “may be removed from oﬃce on impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors” The house has the sole power to impeach (accuse) The senate has the power to try (sit as court) Impeachment in the house requires a majority vote Conviction requires a ⅔ vote in the senate. The senate may forbid a person from ever holding federal oﬃce again Removed person may also face the regular courts for any crime involved in the events leading to impeachment There have been 19 impeachments and 8 removals in US History The eight removals were all federal judges (pg 166) Two presidents have been impeached Andrew Johnson - Congress passed the tenure of oﬃce act, which limits the president's ability to remove certain oﬃcers without senate approval Johnson ﬁred the secretary of the war while senate was not in session He was impeached, but was one vote short of removal Bill Clinton - Two articles of impeachment - both dealing with his inappropriate relationship with an intern He was charged with obstruction of justice and perjury Question was whether or not that counted as “high crimes and misdemeanors” Clinton was not removed from oﬃce Richard Nixon Watergate - June 1972, Republican operatives broke into the democratic party’s headquarters Washington Post investigates Leads to investigations by DOJ and the Senate A long list of illegal acts were uncovered Bribery, perjury, tax fraud, illegal campaign contributions It was also found that the FBI and IRS were used for illegal partisan purposes Nixon was ordered to turn over tape recordings of the oval oﬃce He refused. He was charged with obstruction of justice, abuse of power and failure to respond to subpoenas (the tapes) The house was preparing articles of impeachment when Nixon resigned Several of his associates were convicted of various crimes and served jail time Other powers - Proposition of constitutional amendments (art 5) Electoral duties House may choose president if electoral college is tied (12th amend) CH 4.5 Opening day in the house Technically, since every house seat is up for election, there are no sworn members on the ﬁrst day. Therefore no rules and no organization until the ﬁrst day. The clerk checks the roll of members - elect Those members then choose a speaker - usually the ranking member of the majority party Speaker takes oath of oﬃce, then swears in the rest of the members Clerk, parliamentarian, sergeant at arms, chaplain (not members) The house then adopts the rules under which they will operate Developing for 200 years, usually adopted without amendment Lastly, members of the 20 permanent committees are selected. The senate is a continuous body Not all its seats are up at once The senate has been organized without interruption since 1789 ⅓ of seats are up for election every 2 years. So no organizational issues like the house After the congress is organized, the president issues the state of the union message. Usually late January or early February Congress and other oﬃcers and dignitaries are present in the house chamber. During the state of the union, the president reports on the state of the nation as he sees it. The constitution only provides for the Speaker of The House and the president of the senate. Other oﬃces have been added through the years. Speaker of the house Usually elected from the majority party More powerful of the oﬃces. The speaker has two duties Preside Keep order No one may speak on the ﬂoor without being recognized by the speaker. He interprets and applies the rules, refers bills to committee, puts motion to a vote and decides the outcome of the votes He can be overridden by a vote of the house (almost never happens) Speaker seldom votes, but MUST vote to break a tie. The Vice president is the president of the senate (constitution says so) VP is not a member of the body, nor is he always a member of the majority party It is a much less powerful role than the speaker of the house He cannot speak on the ﬂoor, but he MUST break a tie. The party caucus (party conference) Meetings held just before the congress convenes Usually deals with matters of party organization, choosing of ﬂoor leaders Floor leaders - most important oﬃcers in congress Majority leader - most senior member of the party that holds the most seats in the chamber Minority leader - most senior member of the party that holds the fewest seats in the chamber Each ﬂoor leader is assisted by a whip Assistant ﬂoor leaders Committee chairs Bulk of work in the congress is done by committees Committee chairmen are very powerful Chairmen are chosen from the majority party They decide what bills the committee will consider, for how long, and to hold public hearings. Seniority rule: Unwritten custom Committee chairs are held by party members with longest service Criticisms: Seniority rule ignores ability and discourages younger members Usually chair comes from a “safe” district, so no opportunity for “new blood” Defense: Seniority rule ensures an experienced member will lead each committee Encourages members to stay on a certain committee Standing committees Permanent committees which evaluate similar bills Committees review bills and move them or deny moving them to the full ﬂoor Often bills are passed/denied on the recommendation of committees Most standing committees are broken into smaller subcommittees For example, the judiciary committee has 7 subcommittees House rules committee Speaker’s “Right arm” Controls the ﬂow of bills to the ﬂoor “Traﬃc cop” of the house Most bills die in committee Those who don’t need to pass the rules committee to make it to the full ﬂoor. 12 member rules committee can speed, delay or prevent a bill from advancing. Select committees Set up for a speciﬁc purpose for a limited time Investigation of issues Watergate committee Iran/Contra Joint committee Composed of members of both houses. Helps to avoid standing committees duplicating each other’s work Joint committee on taxation, eg Joint committee on the library of congress Before a bill is sent to the president, each house must pass the bill in identical form. A conference committee is a temporary joint body created to iron out differences in the two forms of the bill. * 4.6 https://youtu.be/tyeJ55o3El0 A bill is a law proposed by the house or the senate. Usually originates in the executive branch, Others originate from standing committees Tax bills must originate in the house. The measures that congress considers can be bills or resolutions Two types of bills Public bills - bills that affect nation as a whole (eg, tax measures) Private bill -apply to certain persons or places. (Sheep ranchers losing animals to bears out of YNP) Simple Resolutions Deal with matters concerning either house alone and are only taken up by that body. Used for the adoption of a new rule, or amending an existing rule Does not have the force of law, no POTUS signature required Joint resolutions Come out of both houses, similar to bills, when passed have force of law. Usually deal with temporary or matters Money for presidential inauguration ceremonies Concurrent resolutions Similar to joint resolutions Do not require POTUS signature Do not have force of law Used to state a position on a particular issue A bill or resolution usually deals with a single subject Sometimes a rider will be attached A rider is a provision not likely to pass on its own, but is attached to another bill. From bill to law: 1 - Clerk of the house numbers bill (HB 101, eg) and gives it a short title 2 - bill is entered into the house journal and congressional record (journal is minutes of the house, record is an account of the proceedings of the house) 3 - Bill is printed and distributed to the members of the house. Each bill is given three readings, second is during ﬂoor consideration, third is right before ﬁnal vote. But before that Bill must be reviewed in committee 4 - Bill is referred to a standing committee Committee determines if bill will be sent to the full ﬂoor. Most bills are pigeonholed - they die in committee BUT, the bill can be forced out of committee with a discharge petition Discharge petitions allow a bill that has been in committee for 30 days to be forced to the full ﬂoor. After the bill reaches a committee, it is referred to a subcommittee The committee may hold public hearings Interested parties, special interest groups are invited to testify Committees can issue subpoenas to force a person to testify Failure to do so may result in being charged with contempt of congress After the subcommittee has ﬁnished its work, the bill goes to the full committee, where the committee may: 1. Report the bill favorably with a recommendation to pass. Bill then goes to the ﬂoor. 2. Refuse to report the bill - pigeonhole it 3. Report the bill in amended form - the committee can change the bill before it goes to the ﬂoor. 4. Report the bill with an unfavorable recommendation, but bill goes to the ﬂoor 5. Report a committee bill - basically the bill is rewritten Floor debate After it is reported by the committee, the bill is placed on one of ﬁve calendars in the house The Union calendar - revenues, appropriations, govt property The house calendar - all other public bills The private calendar - private bills Corrections calendar - all bills taken out of order on a unanimous vote of the house The discharge calendar - petitions to discharge bills from committee There are schedules for each type of bill None of the calendar arrangements is followed closely The rules committee ultimately decides when a bill will be debated on the ﬂoor. The committee must grant a “rule” before the bill will be sent to the ﬂoor. The rules committee can kill a bill by not granting it a rule “Special rules” can set time limits for ﬂoor debates “Privileged bills” can be called to the ﬂoor at any time When a bill makes it to the ﬂoor, it receives its second reading Most are minor bills with no opposition Others are considered by the whole house “The committee of the whole” NOT sitting as the house, but as a committee - different rules apply Speaker steps down, another member presides. Quorum required for house, only need 100 members for Committee of the whole Because of its large size, debate is limited in the house Speaking is limited to one hour (can speak for longer upon unanimous consent) Speaker may force members to give up the ﬂoor. One bill can be subject to several votes on the ﬂoor Each amendment to a bill must be voted on separately There are four methods for taking ﬂoor votes 1. Voice vote - members indicate “aye” or “nay” through a verbal vote 2. Standing vote - vote by standing for “aye” or “Nay” 3. Teller vote (when demanded by ⅕ vote) - speaker names a “teller” for each party. Tellers count “aye”/”nay” 4. Roll call vote - members are called by name and then indicate their vote Once the bill is approved, it is engrossed - printed in its ﬁnal form Bill receives a third reading and a ﬁnal vote is taken Speaker signs it and it is sent to the senate. The senate is different in the lawmaking process than the house Much less formal Only one calendar Debate in the senate is not limited as it is in the house. As a rule, a senator may speak on any matter as long as he/she wants Two speech rule - a senator may not speak more than twice on a given question on a given legislative day. (legislative day can be lengthened by going into recess and not adjourning) The senate’s dedication to freedom of debate is unique It encourages fullest possible discussion But - it also can give rise to the ﬁlibuster Filibuster “talking a bill to death” Stalling tactic used to delay or prevent action by the senate Monopolize the ﬂoor until the bill is dropped or changed. The record for ﬁlibuster is Strom Thurmond Held the ﬂoor for over 24 hours trying to kill the civil rights act of 1964 Well over 300 measures have been killed by a ﬁlibuster Even the threat of a ﬁlibuster can result in failure to consider a bill or to change it. The senate will try to avoid ﬁlibuster by using day and night sessions to wear down the participants Or by enforcing little used rules Senators must use “parliamentary language” Senators must stand (not lean) The real check on ﬁlibuster is the cloture rule. Cloture limits debate Not always in force. Needs to be invoked by a special procedure. 16 members request cloture Vote is taken If passed by 60 members (3/5) cloture goes into effect Limits debate on the issued to 30 hours. As party control of the senate has been narrow in recent years, ﬁlibusters have been used often. (not enough senators to invoke cloture) 2013 - democrats are frustrated with republican ﬁlibusters of pres. Obama’s appointees. So rules were changed - Presidential appointees no longer need a supermajority to be approved, only 51. 2017 - republicans changed the rule further, even supreme court nominees only need a simple majority Any bill that passes both houses MUST be approved in the same form. Often senate will pass a different bill than the house. The ﬁrst will usually concur with changes made by the second. Sometimes a conference committee is required to iron out differences. Can only consider matters in the bill that the houses disagree on. Then a compromise bill is sent to both houses After the bill has passed both houses, it is sent to the president, who has four options 1. Sign the bill and it becomes law 2. Veto (refuse to sign) a. Bill is returned to chamber where it originated, with the president’s veto message b. Congress may then override the veto with ⅔ vote. 3. Allow the bill to become law without signing it. (bill becomes law in 10 days) 4. Pocket veto. Does not become law, congress adjourns before 10 days. Ch 5.1 The presidency The president has many roles. All at the same time 1. Chief of state* 2. Chief executive* 3. Chief administrator* 4. Chief diplomat* 5. Chief legislator* 6. Commander in chief of armed forces* 7. Chief economist 8. Chief of party 9. Chief citizen *Mentioned in Constitution. Chief of state - the president is the ceremonial head of the government. The symbol of all the people of the nation. Chief executive - President has the power to issue orders and ensure they are carried out. Chief administrator - President is the “boss” of the executive branch of government. Chief diplomat - President is the main architect of America’s foreign policy. Chief legislator - President is the main author of American policy. Sets the shape of the congressional agenda Commander in Chief - President is the top commander of the military forces Chief Economist - President is expected to keep an eye on the nation’s economy and intercede when needed. Chief of party - The president is the leader of his political party. Chief citizen - President is “the representative of all of the people” of the US The constitution requires that the president meets three formal qualiﬁcations for oﬃce 1 -Citizenship - Any person who seeks presidency must be a “natural born citizen” 2. Age - Anyone seeking the presidency must “have attained... the age of 35 years” 3. Residency - Anyone seeking the presidency must have lived in the US for 14 years. The president’s term was the subject of a lot of debate at the con con Settled on a four year term No limit on re-election Most have followed Washington’s “no third term” tradition. FDR broke the tradition. He was elected four times. In 1951, the 22nd amendment was added to the constitution President may now only serve two terms. If a president succeeds to the oﬃce after the midpoint in a term, he could possibly serve for more than 8 years. Presidential disability If president dies, resigns or is removed, the VP takes over. Originally, const. Did not provide for VP to become president, rather “The powers and duties” of the oﬃce transferred toVP -not the oﬃce itself. First VP to succeed to oﬃce? John Tyler took over the oﬃce when William Henry Harrison died a month into his term. The 25th amendment, added in 1967 states that “in case of the removal of the president from oﬃce, or on his death or resignation, the vice president shall become president.” In article 2, sec 1, clause 6, the constitution sets congress as the body that determines presidential succession after VP. 1947, the Presidential succession act set the succession through the cabinet oﬃces. Presidential disability Who decides when the president is too disabled to perform his job? How disabled is too disabled? What kind of disability? For years, the country played with fate. James Garﬁeld lingered for 80 days after being shot. Woodrow Wilson had a stroke in 1919 and was an invalid for most of his second term. 25th amendment ﬁlled in some of the gaps. VP becomes acting president if: The president informs congress in writing that he is/will be unable to perform duties of his oﬃce. Or The VP and a majority of the cabinet informs congress that he is unable to perform duties. President then can resume duties upon informing congress that he is no longer incapacitated. The VP and cabinet can challenge this though. Congress has 21 days to act. Power has been transferred to VP three times. Reagan to Bush Sr. (Surgery) Bush Jr. to Dick Cheney (twice, medical procedure) It has become standard practice to transfer power whenever the president is under anesthesia. 5.2 “I am vice president. In this, I am nothing, but I may be everything.” John Adams Only two mentions in the constitution on the duties of the Vice President: Naming him to preside over the senate 25th amendment on presidential disability VP is essentially a “president in waiting” Vice presidents have become a means to “balance the ticket” at election time. Presidential candidates choose a running mate who can strengthen their chance of being elected. Presidential succession plays very little part in choosing a running mate. With the start of the cold war, concerns grew about the VP’s ability to take over. -Truman did not know about the Manhattan project - Also not fully informed of growing tensions with Soviet Union Truman was poorly prepared to take over With the nuclear age, more Americans feared such a situation. The oﬃce of the VP changed. Now they are much more involved in day-day operations of the White House. Modern VP”s are much more involved. Dick Cheney has been called the most inﬂuential VP in US History. The Vice Presidency has been vacant 18 times 9 - succession to presidency 7 - death 2 - resignation There was no provision to replace the VP until the 25th amendment. Pres nominates a new VP Conﬁrmed by BOTH houses of congress. First Ladies Term given to ‘hostess’ of the White House. Not always the wife of the president. Not elected, therefore, no role in the administration They can make their marks Offering informal advice to POTUS Advocating for certain policies A number of functions She has her own oﬃce and staff Early on, FLOTUS only worked on informal, mostly social functions But times changed. Edith Wilson - became her husband’s go-between and spokesperson after his stroke Jackie Kennedy - oversaw restoration of White House, supported arts Laura Bush - Education reform. Eleanor Roosevelt One of the most politically involved FLOTUS Spoke on her husband's behalf as well as her own Weekly newspaper column Helped found United Nations 5.3 More time was spent on presidential powers than any other issue at the Con Con One president or a group? Subordinate to congress? How much authority in military matters? Formal grants of power have not been changed, yet presidential power has grown over the years. There have been a couple of theories regarding presidential power. Whig Theory - Throughout most of the 19th century. Assumes that Congress will lead policy making. POTUS is strictly limited to powers in Constitution. Exceptions - Andrew Jackson involved himself in policy. Used Veto much more than any other president. Lincoln - stretched presidential power. *Emancipation proclamation. Stewardship Theory Teddy Roosevelt Felt that the president should be able to do everything except that which is strictly forbidden by the Constitution. Felt the POTUS should lead the nation and build public support for certain policies. Belief was that “it was the president's duty to do anything that the needs of the nation demanded, unless forbidden by congress or the laws. “ Teddy’s cousin, Franklin Roosevelt continued this idea in the 20th century. WW 2 and the new deal changed the nature of the presidency. Why? Vagueness of the constitution coupled with strong presidential personalities. 1.As strong presidents involved themselves into policy debates, others followed suit. 2. Expansion of the executive branch. Since the New Deal, the agencies, staff and oﬃces working in the executive branch has skyrocketed. POTUS ability to inﬂuence policy has increased. 3. Complexity of economy and society As US has become more technologically advanced, the govt has taken a larger role in society 4. Need for immediate action in times of crisis. War, etc But there are limits Example 1952, Korean War. Steel workers were striking, endangering the war effort Truman ordered the Sec of Commerce to take over the steel mills. SUPCO ruled that Truman overstepped his authority Ruled that only congress could seize private property in time of war. Congressional oversight offers a check on presidential power. Keeps a close watch on executive actions to ensure they are in compliance with the law. Example During Pres Obama’s ﬁrst term, the ATF allowed some guns to be smuggled across the Mexican border to learn how they were getting to drug cartels They lost the guns Many were found later at crime scenes, including the death of a border patrol agent. Congress used its oversight function to understand how the plan got bungled, who was to blame and whether there was any sort of cover-up. Executive power POTUS “shall take care that the laws are faithfully executed.” ALL law - even those he doesn't necessarily agree with Executive branch puts the “ﬁne print” in the laws. Immigration law requires that all immigrants seeking admission must speak “some dialect or language” Ordinance power Potus has the authority to issue executive orders Directives, Rules or Regulations that have the effect of law. Power comes from two sources - Congress and the constitution Ordinance power is implied from the powers of the president (Art 2 sec 2) Executive privilege Many presidents have argued that they have the inherent power to refuse to disclose information to Congress or to the couts. Usually has been made in regard to communication between president and advisors. Congress has never recognized executive privilege US vs Nixon grand jury returned indictments against seven of President Richard Nixon's closest aides in the Watergate affair. The special prosecutor appointed by Nixon and the defendants sought audio tapes of conversations recorded by Nixon in the Oval Oﬃce. Nixon asserted that he was immune from the subpoena claiming "executive privilege," Supreme court ruled that the president could claim executive privilege in matters involving national security. But NOT to prevent evidence from being heard in a criminal proceeding. Appointment power POTUS names most of the top ranking oﬃcers of the federal government. 1. Ambassadors and diplomats 2. Cabinet members and top aides 3. Heads of independent agencies 4. All federal judges, US Marshals and Attorneys 5. All oﬃcers in the armed forces Appointments are sent to senate for approval. Senatorial courtesy - Senate will approve only those appointees that are acceptable to the senators from the state involved. The president can make “recess appointments” “To ﬁll all vacancies that may happen during the recess of the senate” Appointment expires at the end of congressional term. These are a matter of contention Allows the president to bypass senate conﬁrmation process Removal power is the other side of the appointment coin Only mention of removal in the Constitution is impeachment. At the ﬁrst congress, it was argued that if an appointment requires senate approval, so should removal. Others argued that the president should have a free hand in dismissing those unﬁt for oﬃce. The second view prevailed The president can remove any oﬃcer he appointed, except federal judges. This was challenged in 1867 Andrew Johnson became president after A. Lincoln’s death. Johnson fought with congress over reconstruction Congress passed the Tenure of Oﬃce Act. Designed to prevent Johnson from removing top oﬃcers Especially Sec of War Edwin Stanton The act said that any oﬃcer that required senate approval would stay in oﬃce until his replacement was conﬁrmed. Johnson vetoed the bill Veto was overridden Johnson ﬁred Stanton anyway. Johnson was impeached but was not removed from oﬃce. There have been a few key cases at SUPCO regarding removal. Myers v United States 1876, Congress passed a law requiring senate approval for the president to remove postmasters. 1920, President Wilson ﬁred Frank Myers as the postmaster of Portland, Oregon Myers sued for the salary for the rest of his term, claiming his removal violated the 1876 law. SUPCO found the law unconstitutional, claiming the removal power was an essential part of presidential power. The president has some judicial powers as well Clemency Powers - “Mercy or leniency” The president may “Grant reprieves and pardons for offenses against the US, except in cases of impeachment” Reprieve - Postponement of the execution of a sentence Pardon - legal forgiveness of a crime Pardons are usually granted after a person has been convicted but the president may pardon someone before that person is tried or even charged. 1974 - President Ford granted a “Full, free and absolute pardon unto Richard Nixon for all offenses against the United States... “ Acceptance of a pardon is seen as an admission of guilt Pardon power includes the ability to grant conditional pardons if the conditions are reasonable The power of commutation is the ability to reduce a sentence or ﬁne. Amnesty - blanket pardon given to a group Eg - Jimmy Carter issued amnesty to those who evaded the draft during vietnam war. Power to recommend legislation The president is, in effect, the nation’s chief legislator President initiates, and suggests that congress enact major legislation Easier to do when president and the controlling party in congress are from the same party Message power: Three major messages to congress/year State of the union Budget Message Annual economic report Other legislative powers Only the POTUS can call congress into special session POTUS can prorogue congress as well Force congress to adjourn when two houses can’t agree on an adjournment date. VETO power POTUS has four options when congress sends him a bill to sign into law. 1. Sign the bill, bill becomes law 2. Veto (latin “I forbid”) a. BIll is returned to congress b. Veto may be overturned by ⅔ vote. 3. Allow bill to become law without signing it within 10 days 4. Pocket veto a. Only can be used at the end of a congressional session b. If congress adjourns within 10 days of sending bill, and POTUS doesn’t act, the bill dies. Signing statements Presidents can issue “signing statements” as they approve some measures. Often used to point out problems that the POTUS sees in a new law Also used to direct how the new law is to be enforced. Line item veto If POTUS rejects a bill, he rejects ALL of it. Some presidents have favored a line item veto POTUS can cancel some provisions in a measure, while approving others. Restricted to speciﬁc ‘line items’ in a budget or spending bill. Opponents argue that this would shift too much power to the executive branch. 5.4 President’s Foreign affairs powers Presidents have come to dominate foreign affairs through the use of his oﬃce Particularly the authority as commander in chief “MIlitary force is the ultimate language of diplomacy” Treaties Treaty - a formal agreement between two sovereign states. President and Secretary of State negotiate Senate then must approve with a ⅔ vote. Treaties are part of the “law of the land” and have the same legal standing as acts of congress. Congress may abrogate a treaty by passing laws contrary to its provision. Existing laws may be repealed by the terms of a treaty. When a treaty and an act of congress conﬂict, the courts consider the most recent enacted to be law Terms of a treaty can’t conﬂict with any provision in the constitution. ⅔ requirement in the senate allows a small minority of senators to block a treaty The senate rejected the Versailles Treaty after WW1 7 votes short of ⅔ needed. Sometimes presidents have gone around the rules 1845 - When the senate refused the treaty, John Tyler annexed Texas by encouraging passage of a joint resolution in both houses of congress Only required a majority vote. William McKinley annexed Hawaii the same way. Executive agreements A pact between the president and the head of a foreign state Do not have to be approved by the senate EA have the same standing as executive agreements BUT, they do not supersede federal law. Most EA come from laws already passed or treaties that have been approved. But POTUS can make EA without congressional input Power of recognition POTUS acknowledges the legal existence of another country and its government Accepts the country is an equal member of the “family of nations” DOES NOT mean that the US approves of the character or the conduct of the other country Eg - China. Recognition can be used to have an impact on world affairs 1903 - Panamanians revolt against Columbian rule (with America’s help) THREE days after the revolt started, US President Teddy Roosevelt recognized the country of Panama. Later, the US built the Panama Canal 1948 - Harry Truman recognized the state of Israel Helped Israel survive while surrounded by enemies. Potus can also show American displeasure with other countries by asking for the recall of diplomatic representatives in the US Oﬃcial who is removed is considered persona non grata - “unwelcome person” POTUS can also remove an American diplomat from a foreign country to express displeasure with that country The president dominates the ﬁeld of military policy Many times this has been a source of conﬂict Example Teddy Roosevelt sends the Great White Fleet around the world to showcase American Naval Power Members of Congress tried to block funding Roosevelt “Very well, the existing appropriation will carry the Navy halfway around the world, and if Congress wishes to leave it on the other side, alright.” Congress gave in and funded the expedition POTUS usually delegates command authority to military leaders. A couple have taken command of federal troops G. Washington - Led troops into Western Pennsylvania to suppress the Whisky Rebellion A major constitutional question is whether the POTUS can make war without a declaration by congress. Technically, no But through the years most presidents have used military force without a declaration war. Hundreds of times First was John Adams Ordered the new American Navy to confront French ships that had been harassing American ships. Korea, Vietnam, Afghanistan, Iraq all started as “undeclared wars” The last time Congress declared war was in WW 2 8 times since, it has enacted joint resolutions to allow the president to use force Most recent was in 2002 Congress authorized George W Bush to use force in Iraq to oust Saddam Hussein Several times POTUS has used force without a resolution Korean War Panama Balkans ISIS Congress enacted the War Powers Resolution in 1973 President can commit forces to combat only if 1. Congress has declared war, or 2. Congress ha

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