what were the intentions of the founders?
Fear of:
a) excessive power concentrated in single institution, b) mob rule
-concern of the representation of congress
what was the solution to the fears of founders?
bicameral legislature.
1. Mob rule concern addressed by creation of "upper house" in which senators would be elected by state legislatures rather than the people, and which would check the passions of the people's representatives in the House.
2. Represen
conflict over distribution of power in gov: centralization
would allow Congress to act quickly and decisively, but at the expense of individual members and the constituents whom they represent. It would require several conditions:
1. Strong central leadership w/authority over rank and file membership.
2. Restrict
conflict over distribution of power in gov: decentralization
Decentralization would protect and enhance the interests of individual members and their constituents, but would prevent Congress from acting quickly and decisively. It would require several conditions:
1. Weak central leadership.
2. Few restrictions on d
describe the significance of decentralization in the 1970s
Power of subcommittee chairmen increased, and the influence of committee chairmen decreased.
-power of individual members over committee chairmen rose: more input from individual members, less tyrannical rule by chairmen.
-number of subcommittees increase
Describe the nature of the Senate
The Senate is a more naturally decentralized and informal body:
a. Fewer members, fewer formal rules.
b. Lack of a Speaker.
c. Lack of a strong Rules Committee.
What did the 17th amendment do?
direct election of senators
what role does filibustering have in the senate?
Concern over length of debate allowed on floor of Senate:
a. Use of filibusters.
b. In 1917, Senate provided means to kill a filibuster: 3/5 vote for cloture.
Terms and sessions in congress
A. Term of Congress lasts two years.
B. Terms begin on Jan. 3 of every odd-numbered year.
C. Terms numbered consecutively (106th Congress from 99-01, 107th from 01-03, 108th from 03-05, 109th from 05-07, 110th from 07-09, 111th from 2009-2011).
D. Adjourn
define bicameralism
two-house legislature
describe the election of the house of rep's
House of Rep's was designed to be closer to the people/more responsive to the people:
1. Members elected directly by the people (rather than indirectly elected, as were Senators until 1913).
2. Members are elected from smaller districts rather than on an
where to revenue bills originate?
the house of rep's
describe the election of the senate
Senate was designed to be more removed from the people:
1. Members originally were indirectly elected by state legislatures.
2. Members elected on an at large basis.
3. Members elected for a six year term
4. Only 1/3 of Senate is up for reelection every t
describe the compensation of being a member of the senate/ house of reps
A. Members set own salaries. 27th Amendment prevents salary raises from taking effect until the following term. (2010 salaries: $174,000). Honoraria (speaking fees) now banned.
B. Many other perks: staff, travel allowance, office space, franking privilege
describe membership of congress (who it is composed of)
Membership: Overrepresentation of white, male, Protestant, upper-middle class lawyers in their 50's
--> charges of conservative/status quo bias.
Rebuttals:
1. Many more women and minorities have been elected in recent years (in 110th Congress, there were
what is the incumbency advantage? (explain with evidence)
Scope of incumbency advantage.
A. Reelection rate in House: >90% (96% in 2008)
B. Reelection rate in Senate: >80%. (90% in 2008)
C. Relatively few seats are seriously contested in the House. Most are "safe seats."
D. Charges of a "Permanent Congress."
E.
what are the advantages of incumbency?
1) Franking privilege, 2) Staffers, 3)Patronage, 4) Name recognition, 5) Casework, 6) Money, esp. from PACs.
what is the special incumbency advantage for house members? explain it.
A special incumbency advantage for House members: gerrymandering.
~To understand gerrymandering, you first need to understand reapportionment: the redistribution of the 435 seats in the House on the basis of changes in state populations~
1. Number of Rep'
explain gerrymandering and redistricting. how the party in power is able to get a majority of seats in the house?
If a state has a change in the number of seats, its district boundaries must change. This is known as redistricting, and is usually carried out by the party in power of the state legislature. A form of redistricting is gerrymandering: redrawing boundaries
what are the effects of gerrymandering?
a. The party in power STAYS in power.
b. "Safe" seats are created for incumbents, leading to further difficulties for challengers.
c. Strangely-shaped districts.
d. "Majority-minority" districts created by racial gerrymandering.
what are the supreme court redistricting requirements, and what case corrected a form of overrepresentation?
*Baker v. Carr, 1962: "one man, one vote" principle applied to state legislative districts to correct overrepresentation (malapportionment) of rural areas.
a. Districts must be as near equal in population as possible.
b. Even if the number of rep's to whi
describe the basic premise of the bicameral structure.
The bicameral structure: two chambers.
A. Many other nations have two house legislatures, but the "upper house" is largely ceremonial (e.g., British House of Lords).
B. Purpose of bicameralism is to protect against an overly powerful legislature. Bicamera
what are the 3 delegated powers granted to the national government (give examples) ?
1. Expressed/ enumerated powers: actually spelled out in the constitution.
-Levy taxes (revenue bills must begin in House).
-Spend money for common defense and public welfare.
-Borrow money.
-Regulate foreign, interstate, Indian commerce. This clause has
what are the institutional powers?
Institutional powers, i.e., those that relate to system of checks and balances.
A. Senate ratifies treaties with 2/3 vote.
B. Senate approves presidential appointments with simple majority vote.
C. House votes for impeachment (simle majority vote needed),
what powers are denied to congress?
A. Passing ex post facto laws.
B. Passing bills of attainder.
C. Suspending habeas corpus except in cases of rebellion or invasion.
what is the house of reps composed of? (4) describe what each part does.
1) Speaker.
- Presides over House.
- Appoints select and conference committees.
- Appoints Rules Committee members and its chairman.
- Assigns bills to committees.
- Third in line for presidency after V.P.
- Informal powers, e.g., access to media.
- Influ
what is the senate composed of? (4) describe what each part does.
1) Vice President.
1. President of Senate.
2. Presides over Senate.
3. Votes in case of ties.
4. Ceremonial job.
2) President Pro Tempore
1. Ceremonial job.
2. Presides in absence of V.P.
3. Fourth in line for presidency.
3) Majority Leader.
1. True leade
describe the filibuster. *(cloture)
a. Nonstop debate to kill a bill.
b. A threat of a filibuster is almost as good as a filibuster itself - it places pressure on bill's sponsors to change parts of the bill.
c. Especially effective at the end of a term.
d. Can be ended by 3/5 vote of clotur
what is the power of a "hold" in the senate?
1. Any Senator can place a hold on a bill or nomination, and thus delay these indefinitely.
2. In past, these were used as a courtesy for members who were absent on key votes.
3. Now, however, these are used for policy purposes, e.g. to stop a judicial no
influences on members of congress:
Constituent convictions. If a member votes according to these, he is said to act in the _______ and engage in ______ voting.
Constituent convictions. If a member votes according to these, he is said to act in the
delegate role and engage in
representational voting.
influences on members of congress:
Members' own convictions. If a member votes according to these, he is said to act in the _______ and engage in _______ voting.
Members' own convictions. If a member votes according to these, he is said to act in the
trustee role and engage in
attitudinal voting.
what is organizational voting in congress? what is reciprocity and logrolling?
Other members of Congress, e.g., party leaders, committee leaders, state delegations, other
members with a similar ideology, other members with similar districts. If a member votes according to these, he is said to engage in organizational voting. Recipro
how can congressional staff members influence members of congress?
Congressional staff members can influence by:
- controlling information that members receive.
- controlling access to members.
- helping to set committee agenda.
- making recommendations on legislation.
- helping to write legislation.
- analyzing info fro
how can interest groups influence members of congress?
Interest groups/lobbies/PACs influence through:
- campaign contributions.
- "report cards"
- targeting.
- providing information.
- testifying before committees.
- paying for "junkets.
how does the president influence members of congress?
The President can reward or punish members, particularly those within his own party. He can campaign for or against members, he can attend or not attend members' fund raisers, he can speak out for or against members, and he can use his "electronic throne
how does the media influence members of congress?
watchdog" role.
how do campaign contributors influence members of congress?
Campaign contributors. Again, the evidence here is mixed. Some studies show that contributions affect voting behavior, but others have downplayed this, citing other influences such as party membership. If contributions do affect congressional voting, they
how do iron triangles influence members of congress?
Iron triangles (also known as subgovernments, issue networks, policy networks): a congressional committee, the related federal agency, and the impacted interest groups. For example, on the issue of airline deregulation, an iron triangle might consist of t
describe how party membership influences members of congress, and what issues it is particularly influential on.
Party membership of members is the best predictor of congressional voting - party unity scores are quite strong. Party affiliation is a particularly strong influence on economic and social welfare issues, and less of an influence on foreign policy and civ
what are the five main steps to a bill becoming a law?
1. Bill introduction
2. Committee and subcommittee action
3. Floor action
4. Conference committee action
5. Presidential action
how a bill becomes a law: describe the bill introduction.
A. Less than 10% actually pass.
B. Ideas for most bills originate in the executive branch.
C. Bills can be introduced in either house, except for revenue (tax) bills (House only).
D. Diffusion of power evident in this process: proponents need many victori
how a bill becomes a law: committee and subcommittee action.
A. Importance of "correct" committee getting a bill.
B. Committee actions.
1. Pass. Bill is "reported out" to full house for consideration.
2. Kill.
3. Amend ("markup session"). Earmarks are placed at comm. level. by indiv. members
4. Pigeonhole: postpone
how a bill becomes a law: floor action.
A. Senate only allows filibusters. These esp. effective at end of term of Congress. Even threat of filibuster is effective. Can be ended by 3/5 vote of cloture.
B. Senate only allows nongermane amendments ("riders"). "Christmas tree" bills can result.
C.
how a bill becomes a law: conference committee action.
Conference committee action: comprised of members from both houses, a temporary conference committee reconciles different House-Senate versions of a bill, and then sends it back to each house for a vote. Yet another "third house of Congress.
how a bill becomes a law: presidential action. (define different kinds of vetoing)
A. Sign the bill in full.
B. Veto the bill in full ---> can be overridden by 2/3 vote in both houses.
C. Ignore the bill.
1. After 10 days of sending bill to the President, the bill automatically becomes law.
2. If, however, within that ten day period, Co
what are the functions of committees in congress and describe the importance of them.
A. Real work of Cong. is done in committees and subcommittees, not on the floor of the House or Senate.
B. Before a bill even reaches the floor, it must first pass through a committee, unless the committee has resisted "reporting out" the bill and the Hou
describe the selection of the committee chairmen.
A. Power of chairmen is substantial over:
1. Setting committee agenda.
2. Hiring staff.
3. Membership on subcommittees.
4. Jurisdiction of subcommittees.
B. Chairmen are selected by secret ballot in party caucuses or conferences (of party leaders) at the
what are the advantages and disadvantages of the seniority system?
-Advantages of seniority system:
1. Experience.
2. Stability.
3. Expertise.
4. Reduces infighting among those who would be rivals for chairmen.
-Disadvantages of seniority system:
Increases influence of 1 party states, and decreases influence of competiti
what are standing committees and why are they important? what are the 3 types?
Important standing committees. Standing committees are the permanent committees of Congress. They have legislative, investigative, and oversight powers.
Types of standing committees:
1. Authorizing: allow for creation of fed. programs
2. Appropriations: p
standing committees: House (describe role)
House.
1. Rules: most powerful of all. Sets legislative calendar and establishes "rules" for debate and amendments.
2. Ways and Means: deals with tax bills.
3. Appropriations: deals with spending bills.
a. Authorization bill allows for money to be spent,
standing committees: Senate (describe role)
Senate.
1. Finance: deals with tax bills.
2. Appropriations: deals with spending bills.
3. Foreign Relations. Highly prestigious. Senate has larger role in foreign affairs than
House because of treaty ratification and ambassador confirmation provisions in
what are conference committees and what do they do?
Conference committees:
A. Temporary committees comprised of members from both houses.
B. Develop compromise language on a bill when House and Senate versions differ (about 10% of the time).
C. After conference committee sends bill back to each house, no a
what are select committees? what are joint committees?
A. Select: appointed by a house for a limited, temporary purpose, e.g., to study an issue
or to conduct an investigation.
B. Joint: composed of members from both houses for similar temporary purposes.
what are the 5 main criticisms of congress? ("case against congress")
1. Congress is inefficient
2. Congress is unrepresentative
3. Congress is unethical
4. Congress is irresponsible
5. Congress delegates excessive power to the executive branch
describe the belief that congress is inefficient
A. Bicameralism
B. Decentralization of Congress has excessively spread out power ? So many power centers make it difficult to get things done.
C. Proponents of a bill need many victories, but opponents need only one.
D. Excessive electioneering and fundra
describe the belief that congress is unrepresentative
A. Represents narrow geographical interests at expense of national interest. This helps to explain why the public likes their own representatives, but dislike the Congress as a whole.
B. Tip O'Neill's claim that "All politics is local" leads members to pl
describe the belief that congress is unethical
A. Numerous scandals: ABSCAM, House banking scandal, Condit, Packwood, Traficante, DeLay's financial allegations, Ted Stevens financial wrongdoing
B. Excessive/unethical fund raising.
C. PAC influence
D. Junkets. Interest groups or donors contribute money
describe the belief that congress irresponsible
A. Diffusion of power allows members to be absolved of any individual responsibility. Thus, we find the curious paradox of the American people liking their own individual members of Congress, but distrusting the body as a whole.
B. Diffusion of power allo
describe the belief that congress delegates excessive power to the executive branch
A. Due to diffusion of power, Congress finds it easier to write broadly-worded laws and have
the bureaucracy "fill in the holes" ---> criticism that the laws are essentially being made by an unelected bureaucracy rather than by our elected representatives
what were the alternatives discussed at the constitutional convention?
Deliberations at the Constitutional Convention.
1. Some proposed a plural executive.
2. Some wanted an executive council to have veto power over presidential actions.
3. Some (e.g., Alexander Hamilton) wanted a President with a life term.
4. Eventually, c
what were the concerns of the founders?
Concerns of the Founders.
1. Fear of an excessively strong President.
a. Fear that the presidency would be the "fetus of monarchy" (Edmund Randolph).
b. Concern over no term limits (no 22nd Amendment until 1951).
2. Fear of an excessively weak President w
describe the factors influencing congresses decisions as to how the president would be elected. what was the compromise?
Election of the President.
1. Some wanted Congress to elect the President -> fear of congressional dominance.
2. Some wanted direct election. Problems:
a. Inordinate weight to large states.
b. Demagogues might have excessive appeals to the masses.
c. Illi
Terms of office evolution
Term of office: Fear of an unlimited number of terms of office were quieted when Washington chose not to run for a third term. This precedent was followed until 1940.
what are the qualifications to be president?
A. Natural-born citizen.
B. At least 35 years of age.
C. Residency for at least 14 years.
D. The trend since 1976 has been for Americans to elect "outsiders" with little/no federal experience. Though obviously not a constitutional requirement, Americans t
what are the terms of office for the president?
Term of office.
A. Four years.
B. Maximum of two elected terms.
1. Washington's precedent was institutionalized by Amendment 22 ("2 2!")
2. Passage of 22nd Amendment was due to the Republican Congress' concern over future FDRs.
3. Possible to serve just u
how can the president make money after leaving office?
- "speaking fees"
- writing memoirs
- serving on corporate board of directors
describe the succession of the president
A. If office of presidency is vacant due to death, resignation, or impeachment and removal,
the V.P. becomes President. (He in turn nominates, and Congress confirms, a new VP). If V.P. dies before his inauguration as President, the line of succession is a
what did the founders intend to be the dominant power?
Original conception of the Founders: Congress, not the President, was to be the dominant power.
- some presidents have let congress have more power, but others have tried to assume it.
what are the non- constitutional sources of presidential power? (6)
Non-constitutional sources of presidential power.
A. Unity of the office: the office is held by one man, as opposed to the 535-member Congress.
B. Presidential character and personality: Strong personalities such as the Roosevelts and LBJ can have great i
what are the "Three rules of thumb" to maximize presidential power and effectiveness?
A. "Move it or lose it." Presidents should get things done early in their terms when their popularity is at its highest (e.g., Reagan's tax cuts in 1981). Popularity declines over time.
B. "Avoid details." Don't try to do too much. Concentrate on a few to
what are the roles of the president? (6)
1. Chief legislator
2. Chief executive
3. Commander in chief
4. Chief diplomat
5. Chief of state
6. Chief Jurist
describe the powers and checks of the presidential role: chief legislator
1. Powers.
a. Proposes legislation.
b. Signs laws. Sometimes uses "signing statements:"
1) Gives notice of his interpretation of the law, how he intends to enforce it, or even IF he intends to enforce it.
2) Under Reagan, only 75 of these were issued. By
describe the powers and checks of the presidential role: cheif executive
1. Powers.
a. "Take care" clause of Article II requires that Pres. enforces laws, treaties, and court decisions. This clause has also been used to justify:
1) Impoundment
2) Lincoln's suspension of habeas corpus
3) Electronic eavesdropping by Bush 43 admi
describe the powers and checks of the presidential role: commander in chief
1. Power: Head of the armed forces (link w/civilian supremacy).
2. Checks.
a. Congress appropriates funds for the military.
b. Congress declares war.
c. War Powers Act of 1973
describe the powers and checks of the presidential role: chief diplomat
1. Powers.
a. Sets overall foreign policy (confirmed by US v. Curtiss-Wright, 1936)
b. Appoints and receives ambassadors.
c. Negotiates both treaties and executive agreements.
d. Gives diplomatic recognition to foreign governments.
2. Checks.
a. Congress
describe the presidential role: chief of state
1. The ceremonial head of our nation, e.g., tosses out the first ball of the baseball season, bestows the medal of honor, visits areas struck by natural disaster.
2. Most nations separate the Chief Executive and Chief of State roles (e.g., Britain has a p
describe the powers and checks of the presidential role: chief jurist
1. Powers.
a. Appoints federal judges.
b. Issues pardons (e.g. Bush 43 pardon of Scooter Libby) and amnesty.
2. Checks.
a. Senate can reject judicial appointments.
b. Senators can place "holds" on appointments.
c. Senators can filibuster nominations.
what are the main components of the presidential support staff? (4)
1. executive office of the president
2. cabinet
3. appointed federal positions
4. vice president
what is the immediate staff dot the president? what do they do and how can they be organized?
Executive Office of the President:
A. White House Office/White House Staff
1. Immediate staff of President. Office space in West Wing of White House ---> proximity to President.
2. Organization: two general forms:
a. Circular method (used by FDR and Carte
the cabinet: what does it do? how are people appointed?
A. Definition: the heads of the Cabinet depts. and 5 others who hold "Cabinet rank" (OMB Director, CIA Director, White House Counselor, UN Ambassador, US Trade Rep).
B. Each of these is appointed by the President w/Senate consent.
the cabinet: parliament vs. our system
In parliamentary systems:
1. Cabinet officials are members of Parliament.
2. The Cabinet meets regularly
3. The Cabinet collectively hammers out public policy.
D. In our system:
1. Cabinet officials are constitutionally banned from also being members of C
is the president's influence over the cabinet limited or unlimited? why?
Presidential influence over the Cabinet: limited:
1. Presidents can, of course, fire the political appointees within a department.
2. However, Presidents have little control over the civil service employees of a department. These account for > 90% of all
what are the factors affecting selection of cabinet secretaries? (4)
1. Party affiliation.
2. Diversity, e.g., race, sex, geography.
3. "Confirmability."
4. Interest group influence.
Who gets appointed to federal positions?
A. The number of appointments is large, but the percentage of appointed positions in the federal government is small. (Less than 10%).
B. Presidents often do not know their appointees well -- They depend heavily on staff recommendations.
C. Background of
describe the role of the vice president
A. Only two constitutional duties:
1. Become President or Acting President if the office of President is vacant.
2. Preside over the Senate, voting only in case of ties.
B. Traditionally, the V.P. is a dull, do-nothing job:
1. "The vice presidency isn't w
describe the of the office of the presidency
Power of the office of the presidency.
A. President's powers are not as clearly defined in the Constitution as are Congress'.
- Constitution grants broadly-worded powers (e.g., "executive power") to the President, but does not spell them out very clearly.
what are the checks that weaken the president's power?
A. Traditional, constitutional checks: Congress, courts.
B. Informal checks:
1. Congressional leaders.
2. Cabinet members.
3. Bureaucrats.
4. Political parties.
5. Interest groups.
6. Media: adversarial journalism, "gotcha" journalism
4. Use of the indepe
what are the sources of conflict between the president and congress?
A. Separation of powers and checks and balances -- the Constitution is "an invitation to struggle between the President and Congress." There is supposed to be conflict.
B. Each represents different constituencies:
1. Members of Congress represent state an
what are the sources of presidential influence on congress? (6)
A. Use of media. Media focuses more on a single person than on 535 people. President can easily go directly t o the people with his case ("going public"). "Presidential power is the power to persuade" (Neustadt)
B. "Mandate from the people" after winning
who wrote the "imperial presidency" and what did it suggest? what were the areas of abuse cited? (5)
Arthur Schlesinger; suggested that presidential power had grown excessive.
Areas of abuse cited:
1. war powers
2. emergency powers
3. use of executive agreements rather than treaties
4. executive privilege
5. impoundment
areas of abuse cited by schlesinger: war powers
War powers.
1. Constitutional conflict of Congress' power to declare war vs. President's power as Commander in Chief.
2. In the 18th century, Congress had more time to deliberate war issues; in the modern era, however, Presidents have argued that they nee
areas of abuse cited by schlesinger: emergency powers, use of executive agreements rather than treaties
Emergency powers: In time of war or emergency, the President assumes great powers.
Use of executive agreements rather than treaties.
1. The former does not require Senate ratification as does the latter. The former are "deals" between the President and th
areas of abuse cited by schlesinger: executive privilege
1. Def.: the right of President to not divulge conversations between himself and his advisers. Example: Bush refused to tell Congress who sat in on Cheney's energy task force
2. Presidents claim that if such conversations were not "privileged," advisers w
areas of abuse cited by schlesinger: impoundment
1. Def: the refusal of the President to spend money that has been appropriated by Congress.
2. Without a line item veto, Presidents must either sign an entire bill or veto it. Congress sometimes packages several bills into one giant "omnibus" bill that ma
what events led to reassertion of congressional authority? (mid 1070's --> now= "the imperial presidency")
Vietnam war, Watergate, resignation of nixon.
what did the war powers act of 1973 do?
War powers: passage of the War Powers Resolution of 1973.
A. President can send troops overseas to an area where hostilities are imminent without a
congressional war declaration only under these circumstances:
1. Must notify Congress within 48 hours.
2. M
what did the budget and impoundment control act of 1974 do?
Impoundment: passage of Budget and Impoundment Control Act of 1974:
A. If President impounds funds temporarily (deferral), either house can override.
B. If President impounds funds permanently (rescission), that act is automatically voided unless both hou
congress responds to the imperial presidency: confirmation of political appointees
Confirmation of presidential appointees.
A. Senatorial courtesy a long-established practice: before President makes an appointment within a state, he will consult with the two senators of that state to get their approval. If he does not do so, the Senate
what is the legislative veto? when was it established and by what?
A. In the past: Congress passed a law --->
The relevant executive agency issued regulations to enforce the law --->
Congress could then analyze those regulations and veto them if it so desired.
B. The legislative veto was a way of forcing the bureaucracy
congress responds to the imperial presidency: foreign affairs
A. Use of appropriations power to influence foreign policy in the 1970s and 1980s: Congress cut off aid to South Vietnam, Angola, and the Contras. Congress tried to force Bush 43 into a deadline for withdrawing troops from Iraq by using funding as a lever
what is a bureaucracy?
the agencies, departments, commissions, etc. within the executive branch
what are independent regulatory commissions?
A. Created by Congress to regulate important aspects of the nation's economy. Set up to enforce standards and safety, or to oversee use of public goods and regulate commerce.
B. Generally, the decisions of these are beyond presidential control, though com
what are some important regulatory commissions?
Some important regulatory commissions:
1. Federal Reserve Board
2. FCC - Federal Communications Commission
3. FEC - Federal Election Commission
4. NLRB - National Labor Relations Board
5. SEC - Securities and Exchange Commission
6. FTC - Federal Trade Com
what are government corporations? give examples
Government corporations.
A. Created by Congress to carry out various business operations.
B. Examples: Postal Service, FDIC (Fed. Deposit Ins. Corp), FSLIC (Savings and Loan), TVA
explain the development of the civil service system
A. Prior to late 19th century, the spoils system was used for filling federal jobs. Though fraught with corruption, the system did ensure a certain responsiveness of government as presidential supporters were more likely to carry out the will of the elect
power of the bureaucracy: cannot be measured in the number of bureaucrats alone (5)
A. Discretionary authority: agencies have the power to choose various courses of action when Congress writes broadly-worded laws that allow for bureaucratic interpretation.
B. Passing rules and regulations, e.g., TSA (Transportation Security Administratio
what the reasons for the growth of the bureaucracy?
A. National growth ---> need for agencies to cope with additional population.
B. Technology ---> need for agencies to manage new technology (e.g., ICC, FAA, FCC).
C. International crises ---> increase in power for the Defense Department, Dept. Homeland Se
what are the influences on democratic behavior? part one
I. Recruitment and retention policies.
A > 90% of bureaucrats are appointed by virtue of some sort of merit exam.
B. "Bonus points" for veteran status/race/gender
C. Extremely difficult to fire a civil servant. Elaborate steps ensure that due process must
what are the influences on democratic behavior? part two
III. Legal constraints.
A. Freedom of Information Act - to prevent excessive secrecy.
B. Hatch Act: limits political activities of bureaucrats.
C. Affirmative action hiring guidelines.
D. Environmental impact report requirement of projects.
IV. Organizati
what are the presidential influences on the bureaucracy? (powers and checks)
Presidential influences
A. Powers.
1. Appointment of top-level bureaucrats.
2. Power to fire top-level bureaucrats.
3. Power to propose the reorganization of the executive branch.
4. Proposes agency budgets.
5. Appointment of Senior Executive Service pers
what are the congressional influences on the bureaucracy? (powers and checks)
A. Powers.
1. Appropriations of agency budgets.
2. Standing committee oversight, investigations, and hearings.
a. Power to subpoena agency employees
b. Power to swear agency employees under oath - threat of perjury charges
c. Power to charge agency employ
how do interest groups influence the bureaucracy? (4)
A. Lobbying.
B. "Revolving door:" many agencies are staffed by people who move back and forth between the public and private sectors. The concern is that these people would not really regulate very carefully the very companies that might be their next emp
how does media influence the bureaucracy?
A. Scrutiny of agency behavior, e.g., investigations of whether FBI and CIA heeded warning signs prior to 9-11 terrorist attack.
B. Use of "whistle blowers" within the bureaucracy, e.g., FBI memo concerning ineptitude in pursuing terrorist threats before
how does congress influence the bureaucracy?
use of injunctions and writs of mandamus.
describe public opinion of the bureaucracy
General attitude is negative (too much red tape, waste, inefficiency, bureaucrats are underworked and overpaid). Specific attitude is more favorable: public's personal dealings with bureaucrats are generally favorable.
what are the criticisms of the bureaucracy?
A. Excessive red tape.
B. Agency conflicts, e.g., Agriculture Dept. administers tobacco subsidies while at the same time the Surgeon General warns the public not to smoke.
C. Agency duplication, e.g., numerous agencies are responsible for drug enforcement
what are the "laws" of the bureaucratic procedure?
A. Boren's Laws: When in doubt, mumble. When in trouble, delegate. When in charge, ponder.
B. Smith's Principle: Never do anything for the first time.
C. Peter Principle: In every hierarchy, each employee tends to rise to his level of incompetence; thus,
what are the four types of law?
Types of law.
A. Statutory: deals w/written statutes (laws).
B. Common.
1. Based upon a system of unwritten law.
2. Unwritten laws are based upon precedents.
3. Judges rely upon the principle of stare decisis ("let the decision stand"), i.e., they rule ac
judicial power is _____
Judicial power is passive.
A. Courts cannot reach out and "take" cases. Cases must come to them.
B. There must be an actual case ("controversy") for a court to make a ruling. Courts cannot "create" cases.
describe judicial law making.
Judicial law-making.
A. Judges, contrary to what some may think, are not simply impartial referees who only carry out the law. Judges interpret the law, and in so doing in fact make law. It is necessary that they make law because:
1. Statutes are often br
jurisdiction in federal courts: original vs. appellate
Jurisdiction:
A. Original: authority of a court to first try a case.
B. Appellate: authority of a court to hear a subsequent appeal.
Jurisdiction of federal courts. Federal courts may try a case if it involves...
A. The Constitution, a federal law, or a treaty.
B. Admiralty law (matters on high seas) or maritime law (matters on land but relating to water).
C. Disputes between two or more states.
D. The U.S. government as a party.
E. Citizens of different states.
F
what is the structure of the federal court system?
A. Article III of the Constitution deals with the judiciary, and creates a Supreme Court while also giving Congress the power to create "inferior" (lower) courts. These three levels of courts form the main basis of our federal court system.
B. Judges in t
what are the 3 types of attorneys and and what do they do?
Federal attorneys.
A. Attorney General.
1. Appointed by President w/Senate consent.
2. Head of Justice Dept.
3. Provides legal advice to President and agencies within the executive branch.
B. Solicitor General.
1. Appointed by President w/Senate consent.
how are federal judges appointed? what article outlines their life-term and what does it say? what kind of compensation are they entitled to?
A. Appointed by President with "advice and consent" of Senate (simple majority).
B. Article III states that they shall hold their offices "during good behavior," i.e., for life. They can, however, be impeached and removed by Congress (very rare -- only a
what factors affect the selection of federal judges?
1. Senatorial courtesy: When appointing District Court, the President must consult with the two Senators from the state in which they are to be appointed. The Senate will then show "courtesy" to those two senators by not confirming judges to whom the two
who makes up the supreme court? how are they appointed?
A. Only court mentioned in Const. (Article III).
B. Consists of 8 Associate Justices and 1 Chief Justice.
1. Number of Justices is set by Congress.
2. When position of Chief Justice is vacant, the President can appoint someone already on the Court or some
what are the powers of the supreme court? (3) (court cases?)
1. Power of judicial review (established by Marbury v. Madison, 1803).
2. Power to interpret broadly-worded laws of Congress and the Constitution.
3. Power to overrule earlier Supreme Court decisions (e.g., Brown v. Board overturning Plessy v. Ferguson).
explain jurisdiction: original vs. appellate
Jurisdiction.
A. Original: in cases involving:
2. States.
3. Ambassadors.
B. Appellate: in cases from:
1. Courts of Appeals.
2. State supreme courts.
-- Cases from appellate jurisdiction are far more numerous than from original jurisdiction.
how do cases reach the supreme court?
A. Supreme Court controls its own docket.
B. Thousands of requests are made for Supreme Court decisions, but relatively few requests are granted. Recent trend is for even fewer cases to be accepted each year. (~80 per year)
C. Rule of 4: In order for the
how are court decisons evaded?
A. Amending the Constitution. The Court cannot strike down something as unconstitutional if it is in the Constitution!
B. When a decision is made, it is "remanded" to a lower court to carry out the Supreme Court's decision. The lower court will have a cer
the supreme court at work: written options
1. Types:
a. Unanimous: expresses opinion of all nine Justices.
b. Majority: expresses opinion of majority.
c. Dissenting: expresses opinion of minority. If the Court later overturns itself, it may draw upon a minority opinion for its reasoning.
d. Concur
what are the voting blocks of the supreme court?
liberals, conservatives, swing/moderate conservative
what is judicial activism?
A. Philosophy that the courts should take an active role in solving society's problems.
B. Courts should uphold the "guardian ethic: they act as a guardian of the people.
C. Examples of judicial activism:
1. Striking down a Texas law that banned flag burn
describe judicial restraint (4)
A. Philosophy that the courts should allow the states and the other two branches of the federal government to solve social, economic, and political problems.
B. Federal courts should act only in those situations where there are clear constitutional questi
judicial activism vs. judicial restraint --- conservatives vs activists complaints
Now, it was the conservatives who began to complain about the liberal Court being too activist, especially with the advent of the Warren Court (1954-1969). Conservatives began to complain about the Court's judicial activism in:
1. Rights of the accused, e
what are the restraints on judicial power? (7)
A. Courts can make decisions, but cannot enforce them
B. Courts cannot reach out and take cases, but must wait for the cases to come to them.
C. Courts can rule only on real, live controversies. They cannot "create" cases.
D. Presidential appointment of j