POLS 113 Exam 2 PDF

Congress The rules of the game: Congress Variation in how legislatures are designed: How legislatures are chosen. Rules about how laws are made. These institutional rules create incentives that influence legislature’s behavior. Congress and Electoral System U.S. Congress and presi...

Congress The rules of the game: Congress Variation in how legislatures are designed: How legislatures are chosen. Rules about how laws are made. These institutional rules create incentives that influence legislature’s behavior. Congress and Electoral System U.S. Congress and president elected independently Allows for divided government. (I.e. Biden and the republicans) Vs. parliamentary systems. (Separate elections in U.S.) Members of Congress elected by plurality vote Single member district. Whoever gets most votes wins. Winner takes all system. (Single member districts, no proportionality per votes) Vs. proportional representation -> seats awarded to parties in proportion to percentage of votes received. U.S. Bicameral System Power diffused among many people. Each chamber serves different constituents. House ❖ a Senate ❖ Statewide office ❖ Originally chosen by state legislature, now elected by citizens. ❖ Insulated from brief shifts in public mood. (Cool the House of Representatives) CHAMBER DIFFERENCES HOUSE SENATE MEMBERS 435 100 TERM 2 YEARS 6 YEARS (STATION) CONSTITUENCY DISTRICT STATE MINIMUM AGE 25 30 CITIZENSHIP At least 7 years At least 9 years RULES Less flexible More flexible PARTY CONTROL Stronger Weaker FLOOR DEBATE Faster Slower (filibuster) POWER Hierarchical More even Today’s Congress Public sees Congress as ineffective. Congressional approval generally low. Recently 19% But people generally like their representatives. (Blames someone else, positive image with their constituents) Political parties play a large role. Two primary functions: 1. Representation. 2. Lawmaking. Congress and Electoral Politics How can we understand members’ behavior? ✓ Goal: single-minded seekers of reelection. (Assumption for theoretical purposes). How do they achieve this goal? Target constituents. Advertising Credit claiming Position taking Advertising Working to create a favorable image for yourself using messages with little or no issue content. Akin to a brand name: Ribbon-cutting ceremonies. (Not taking responsibility but taking pictures) Congratulatory communication. (Congratulating high school graduates) Spending time in the district. (Being seen, create a positive impression) Credit Claiming Working to create the belief that you are personally responsible for a desirable government action. Individual accomplishment. Particularized benefits. Examples: Pork barrel legislation -> bills with special projects for a member’s district Bill (co)sponsorship Casework (start a case to figure out benefits) Position Taking Public statements designed to stake out a popular position. Focus on words, not actions. Floor speeches (saying, not doing) Can include roll call votes. Popular press books. (Much more words, fewer actions) Understanding Members’ Behavior Desire to be reelected -> decisions and choices Members will advertise, claim credit, and take positions that facilitate reelection.  These calculations also shaped by their constituents: Statewide office vs. smaller districts. Rep. from OKC vs. Senator for state of OK. Congressional district boundaries may change 1. Representation Theories of representation. Congressional districts. Apportionment (House). Redistricting. How legislators are selected. Theories and Forms of Representation Theories of representation: Delegate -> strictly follows constituent preferences. Trustee -> exercises discretion in the broad interest of constituents. Members strongly motivated by desire to be reelected Does this facilitate representation? ❖ Incentive to pay attention to constituents. ❖ Responsive to constituents. ❖ Creating more or less accurate impressions. Substantive vs. descriptive representation. ❖ Descriptive-> To what extent does the background, qualifications and experiences of elected officials shape their decisions? To what extent is it important for those in the government to resemble citizens? Congress representation: Metrics compared to population. Congress doesn’t look like the population. Education Military experience Ethnicity Gender Congressional Districts:  Since 1911 memberships in House fixed at 435. House districts are population based. Census → Reapportionment → Redistricting Reapportionment: occurs after each census. May alter number of House seats each state has. If so, influences electoral votes: number of electoral votes used to select the president. Redistricting: States set district boundaries after reapportionment. o Must have equal population. o Race cannot be predominant consideration: No deliberate majority- minority districts. Party in power often advantaged. Gerrymandering → Drawing districts to give one party a disproportionately large of seats. ONLY APPLIED TO THE U.S. HOUSE OF REPRESENTATIVES Redistricting as Rules of the Game: Majority party in state legislature often has substantial influence over new district boundaries. About 10 states have redistricting commissions. Map-making programs help create create “safe seats” for current members and/or majority party. Little incentive to appeal to a bipartisan audien 2. LAWMAKING: How laws are made. 5-step process: 1. Introduction: A member submits proposed legislation. Includes full text. 2. Committee Review: Referred to committee based on subject matter.  Hearings: gather info and views from experts. Markup: make suggested changes and/or amendments. Report. 3. Chamber consideration: Rules govern: ➔ How members discuss a bill (e.g., tine allotted) ➔ Whether amendments can be offered. Chamber votes. 4. Conference Committee: Each chamber must pass identical bills. Bicameral, bipartisan committee (conference committee) Reconciles (i.e., resolves differences) between House and Senate Versions. Any changes must be passed by both chambers. 5. Send to President: Approved bill sent to President President may: ➔ Sign – becomes law ➔ Veto – returned to Congress Congress may override with 2/3 votes ➔ Take no action – becomes law after 10 days if Congress is in session. If Congress is NOT in session, bill does NOT become law. The Committee System Committees do heavy lifting on most bills. Generally control survival of legislation. Standing committees E.g., Judiciary, Homeland Security. Seniority based. Stable membership → facilitates specialization. ➔ Party ratios generally reflected. ➔ Majority party ensures it has advantages. Bias Against Action Different constituencies lead to competing interest for members.  Bicameral structure slows lawmaking. Passage requires a sequence of victories. Opponents need only win one stage to defeat a bill.  The President RULES OF THE GAME Presidency is the oldest, still operating democratically elected executive office occupied in unbroken succession. (Over 235 years) Why has this model been so successful? Designing the Presidency: Framers designed presidency to: Allow for quick and decisive action during crisis. Have power recede when crisis ends. Rejected plural executive (Federalist 70) It “tends to conceal faults and destroy responsibility.” Opted for a single leader. Comparative Perspective: Many other democracies have dual executives: One person as head of state. One person as head of government. U.S. Presidents enjoy legitimacy of election by the people (though indirectly) and have fixed terms. Prime Ministers are elected by parliament and remain as long as they have majority support. Selecting a President Framers debated how to elect a president. Options considered: Have Congress choose. Have state legislatures choose. Direct popular elections. Compromise: indirect election via Electoral College. Designed as a check on the people. The Process of Becoming a President Primary election —> nomination by a political party. (Party conventions) General election: Citizens vote for electors. State’s electors=#of reps. In House and Senate.  Generally winner take all. (Whichever candidate gets the most votes, gets all of the electoral college seats) (Nebraska) Need majority of votes in Electoral College to win (270/538) Rules of the game matter a lot here! If no candidate receives a majority —> House chooses from among top three candidates. ▪ Each states gets one vote (majority rule) Battleground States Battleground state -> a state that both parties’ candidate have a good chance of winning. AKA swing state, Campaigns devote more effort to winning. Spend more time and money to win undecided voters. Individuals can have a lot of attention or less connected to the process. Electoral College FAQ Is the electoral college really a college? Group, not educational institution. When does the college meet? December Can a candidate win the popular vote and lose the electoral college vote? Yes – 5 times in U.S. History Can an elector vote for another candidate? Yes and no – States can punish faithless electors (e.g., fines, jail time) Who can Become President? Few constitutional requirements: Article II, Section 1: ▪ At least 35 years old. ▪ Resident for 14 years. ▪ Natural-born citizen. Impeachment and Removal from Office President/VP may be removed for “treason, bribery or other high crimes and misdemeanors.” 1. Article I, Section 2 of the constitution gives the house sole power of impeachment.  2. If a majority of the members of the house vote to impeach an officer of the U.S. the Senate will conduct a crime. 3. If 2/3 of the Senator vote for conviction, the officer is removed from office. House and Senate both play a role. No President has been impeached and convicted Very high bar Impeached but acquitted in Senate Andrew Johnson Bill Clinton Donald Trump Richard Nixon: not officially impeached. What the President does Head of State Chief Legislator Chief Executive Commander in Chief Chief Diplomat Party Leader A lot of power consolidated in one office Attempts to shape policy and win votes. Head/Chief of State Ceremonial head of government. Receives visiting heads of state. Makes official state visits. Decorates war heroes. Represents nation at times of national mourning. Chief Legislator Constitution outlines small role Now president develops legislative agenda.  State of the union. ✓ Set agenda, try to boost public opinion. Role in passing legislation May propose (not introduce), e.g. budget May “go public” to pressure Congress. Sign (or veto) legislation. Chief Executive “Take care that the laws be faithfully executed.” Appointment and removal power. E.g., cabinet, federal judges, agency heads. Shapes policy through bureaucracy. Power to grant reprieves and pardons Very wide scope ( e.g, Ford and Nixon) 3 presidential powers. 1. Executive orders Formal instructions from president. Carry force of law until: ✓ President/successor retracts it, ✓ Congress nullifies it with legislation ✓ Federal court rules it unconstitutional. Mostly arise from authority delegated to President by law. E.g., Emancipation Proclamation, desegregation of the armed forces. 2. Emergency Powers An inherent power exercised by president during a national crisis. Not explicitly in Constitution: ✓ Some powers granted by law. Examples ✓ Lincoln suspended civil liberties during Civil War. ✓ COVID-19 Pandemic 3. Executive Privilege The power not to divulge confidential communications of national security information. Interpreted broadly by modern presidents.  United States v. Nixon -> limited this power. ✓ Led to Nixon’s resignation Boundaries interpreted by court. ✓ Clinton and Lewinsky scandal. ✓ Trump and Jan.6 and other investigations. Commander in Chief Head of the nation’s armed forces. Wartime powers (divided) Only Congress can declare war. President: commit troops, engage in hostilities. ✓ Must inform Congress within 48 hours when troops are committed. ✓ 60 or less days unless extension is approved. Chief Diplomat Primary actor in U.S. foreign policy. Appoint ambassadors. Treaty making power. Executive agreements -> statements of understanding between administration and foreign governments. Exempt from Senate ratification. New presidents may discontinue. Party Leader President in de facto leader of his/her party Most visible. Nationwide constituency. Easy to hold him accountable. Huge fundraising capacity. In a position to persuade others Congress, public, bureaucrats, etc. The Vice President  Not well defined by Constitution. Tiebreaker in Senate. Strengthen the ticket. Senior advisor to president. Increasingly influential in policy formulation. 2nd in line of succession. Presidential Succession Not originally clear in Constitution. 25th amendment passed after JFK assassination. Presidents may be removed if “unable to discharge the powers and duties of his office.” Temporary transfer of power (e.g., surgery) Permanent removal. 1. Vice President 2. Speaker of the House 3. President Pro Tempore (Senate) 4. President’s cabinet, starting w/ Secretary of State Transfer of Power Goal: peaceful transition to a new leader. Distinguishes democracies from non-democracies. Inauguration day – January 20 Brings together all three branches ✓ Chief Justice administers the oath. ✓ Swearing-in occurs at Capitol Presidential address Inaugural parade and balls The Contemporary Presidency Going public increasingly often. More travel. More communication (e.g., social media)  Must compete for attention. Faces increasingly party polarization. Constant press coverage (pros and cons) Mixed coverage How might these changes impact how presidents behave? Accountability? Wrap-up Presidential selection and requirements Impeachment process President’s roles and why they matter VP and succession U.s. concentrates exec roles Peaceful transfer of power  The Bureaucracy Bureaucracy Basics Bureaucracy: collection of all national executive branch organizations. Cabinet departments and agencies: 4 categories Goal: citizen satisfaction. Core Features Specialization. Hiring systems based on worker competency. Hierarchy with vertical chain of command. Standard operating procedures, rules and regulations. Bureaucrats Bureaucrats: people employed in executive branch unit to implement public policy. AKA public administrators, public servants. Not elected. Some are political appointees, but many are work long-term based on merit. Civil servants: bureaucrats hired using merit system and have job protection. Play a significant role in public policy, Categories of Bureaucratic Organizations 1. Executive Departments De apartment of Agriculture, Defense, Justice, etc President appoints secretaries (top administrators) who head 15 departments. (Know the big picture appointed and hired) ✓ E.g., Secretary of Defense. ✓ Political appointees- hired and fired at president’s discretion. 2. Administrative Agencies Focus on a narrow function of national government. E.g. Environmental Protection Agency, Social Security Administration. Varying degrees of independence from executive departments.  3. Independent Regulatory Commission Develops industry-specific standards of behavior. Monitors compliance: ✓ May impose sanctions on violators. (E.g., FCC) Directed by partisan board ✓ Experts with staggered terms Separate from cabinet departments. 4. Government Corporations Sell a service or product. Compete for customers. Expected to be financially self-sufficient ✓ Not funded by taxes. ✓ E.g., United States Postal Service, Amtrak. Often governed by bipartisan board. Growth in Civilian Workforce Federal employees: fairly steady. Number of state/local employees is rising. Bureaucrats and Public Policy Laws often provide direction and funding. Authority granted by Congress. Bureaucrats use their expertise and experience to Help set policy agenda Formulate policy Implement policy ✓ Administrative rules, regulations, standards. ✓ E.g., EPA emissions standards. Accountability Sunshine laws promote transparency and accountability. Freedom of Information Act. (Anyone can ask for the information) Open records laws. Courts may review actions.  Congress may regulate, fund/not fund. Department secretaries hire/fired by president. Ethics standards. Whistleblower protections. (Getting fired) Public Opinion of Bureaucracy Positive associations with some specific organizations. (E.g., NASA, NPS) Broad negative association: Red tape. Overly complicated. Confidence declining. Wrap-up What is the bureaucracy and how is it organized? Connection to executive branch. Roles and types of bureaucratic organization. Impact on public policy. Accountability mechanisms. Public perceptions of bureaucracy. American Anomaly U.S. is the only industrialized democracy will full separation of powers or presidential system that has: A powerful president. A powerful and separately elected Congress. An independent judiciary with final say on constitutional issues. Checks and balances system: Core Components of Separation Of Powers Institutional dispersal of power among 3 branches: No one group controls all authority. Different terms of office and constituencies House, President, Senate, Court Checks and balances → each branch can monitor and limit the functions of other branches. Goal: ensure no branch acts to the detriment of citizen’s natural rights. CHECKS AND BALANCES Congress → Courts Confirms judicial appointments (Senate) - Shapes who makes judicial decisions. Create lower courts Shapes jurisdiction of federal courts: rules over what kinds of cases courts can hear Impeach and remove judges: same process as president/vicepresident - 15 federal judges have been impeached. - 8 removed by Senate. Congress → President Veto override (Congress can enact laws on its own with 2/3 support) Impeach and remove president Ratifies treaties (Senate)  Confirms presidential appointments (Senate) President → Congress Veto legislation (They use it to prevent laws and it is powerful because it is hard to override a veto) Vice president is president of the Senate - May cast tie-breaking votes. - Presides over receiving and counting of electoral votes. President → Courts Appoint judges Pardon power Obama reduced sentence for those convicted of nonviolent crimes under drug laws. Courts → President Can review and declare executive orders or actions unconstitutional. Example: Court did not allow Commerce Department to include citizenship question on 2020 census. Courts → Congress Can review and declare laws or actions unconstitutional - Almost 1,000 federal laws stuck down - Murphy v. NCAA (2018) Separation of Powers System Disadvantages Power dispersed among branches and actors:  - Often leads to gridlock: requires cooperation - Can be hard for voters to assess responsibility for outcomes. Often slow and/or difficult to carry out checks Comparative Perspective Most common alternative is parliamentary system: - Power more consolidated Key difference - Executive authority arises out of majority control of legislature. - Prime minister elected by parliament, not citizens Features of Parliamentary System Executive allied with legislature Easier to make quick, major changes in policy. Easier for voters to assess responsibility for outcomes. Legislature can remove executive any time. - Otherwise, prime minister largely unchecked. Elections can be held any time. SOP Parliamentary Checks and balances. Elections can be held any time. Hard for voters to assess responsibility for Executive aligned with the legislature. outcomes. Slow and difficult for legislature to remove Easier to make quick, major changes in executive. policy. Executive power arises out of majority control of legislature Executive is largely unchecked Wrap Up Core features of SOP in U.S. How each branch can check the others How SOP compares to parliamentary system  The Supreme Court and Judiciary Role of courts Key features of U.S. Judiciary Staffing the bench Types of courts State vs. federal courts How the Supreme Court Makes decisions Public views of the court Key Features of U.S. Judiciary Separate, co-equal branch Independent judges E.g., free from bribery, corruption. Judicial Review Honoring precedent Courts contribute to policy Framers’ Vision of the Court Interpret the law – unique role How to best equip courts to interpret the law? Life tenure for judges Maintains independence. Only obligated to the Constitution. How to prevent courts from becoming too powerful? Courts lack enforcement capacity. “No sword, no purse; no force, no will, merely judgement.” The Court and the Separation of Powers  Judiciary is separate, co-equal branch Not always the case globally Judicial independence, fostered by life tenure, allows the federal judiciary to: Maintain balance between governmental entities. E.g., Congress vs. presidents, states vs. federal Make decisions in areas of tension between the will of the majority and the individual/minority Can make unpopular decisions Does Judicial Independence Matter? As judicial independence increases, so too does extent of citizens’ political rights E.g., right to vote and complete for public office An independent judiciary promotes democracy Framers’ vision wrap up Court is portrayed as non-political Argue that life tenure will incentivize fidelity to the law and Constitution. How does the contemporary judiciary compare to Framers’ vision? The Court’s Power: Judicial Review Framers intended for the judiciary to use its independence to defend the Constitution. Judicial review → authority to review laws or actions and determine their constitutionality. ✓ Described as the duty to “say what the law is” Chief Justice Marshall ✓ Unelected justices can strike down actions taken by officials. ✓ Inherently somewhat controversial. Most important power of the Supreme Court Not explicitly in Constitution ✓ Framers laid the groundwork ✓ Established in Marbury v. Madison Role of Federal Courts Judges interpret and apply the law: ✓ Constitution ✓ Laws passed by Congress ✓ Rules and regulations written by administrative agencies. ✓ Treaties and executive orders. In US legal system, judicial decisions may also carry force of law! Role of Precedent Courts are bound by, interpret, apply, and may create precedent. Precedent → previously decided case(s) that are binding on future decisions. - Judges apply factually similar and legally relevant cases to a pending case. - Argument via analogy - May be disagreement re: whether a given precedent is binding. Precent may be overturned by subsequent courts - Allows the law to evolve and change - May be contentious initially and/or long-term: Brown v. Board of Education Dobbs v. Jackson Women’s Health Organization May impact public perceptions of Supreme Court. Congress could pass new legislation and override the Court. What Makes Courts Interesting About Federal courts contribute to settling policy but lack accountability - Lifetime appointments - May be subject to different influences Also lack ability to enforce decisions - Most rely on institutional legitimacy How do judges and courts operate in this unique environment? Staffing the Federal Bench Outline 1. Departures from the bench 2. Who becomes a judge? 3. Steps in nomination and confirmation process. 1- Departures from the bench Retirement considerations: - Personal: age, pension, eligibility - Political: term of president, ideology of Senate and president. Evidence suggests justices care about who replaces them → Retirement is strategic. What does this imply about the Supreme Court as an institution? It is political.