POL 201: Class Notes Exam 3
POL 201: Class Notes Exam 3 POL 201
Popular in Political Science
This 46 page Bundle was uploaded by Caitlyn Traenkle on Tuesday September 29, 2015. The Bundle belongs to POL 201 at University of Miami taught by S. Thompson in Fall 2015. Since its upload, it has received 27 views. For similar materials see in Political Science at University of Miami.
Reviews for POL 201: Class Notes Exam 3
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 09/29/15
POL US Congress and US Constitution 11052012 Article where US Congress in constitution Expected congress to be most important powerful branch 0 Over half of constitution described congress longest description of anything 0 Article also includes power of national gov t O 0 Can coin money declare war But say in constitution congress can coin money etc Legislative branch 0 Congress has all legislative power so make national laws 0 Split into a 2 chamber congress bicameral legislature O O 0 US House and US Senate Did this bc states competitive and did so would be fair bw big and small states US Senate 100 2 from every state Small states like each state equal just bc a state US House 435 Based on population what large states want Reason for census every 10 years At rst 1 house member for every 30000 people but in 1910 decided to cap at 435 n Did this thru a national law D So now just change distribution among the 435 reapportion Reasons to split into 2 chambers 0 Split to make slow and inefficient bc didn t want it to be easy to make laws 0 Both have to agree on law to make it one 0 Thought would make less likely to have a lot of legislation and prevent dangerous legislature Also so that it has checks and balances bc must be approved by both groups 0 Article Section 2 0 US House Direct election in states every 2 years Therefore have to pay attention to people so they would be voted for again 0 Framers believe in democracy more than other people during that time but also afraid of too much democracy 0 House of the people 0 Section 3 0 US Senate indirect election every 6 years 0 Thought would lter bc people would vote for people better than themselves l so be able to trust them more upper class 0 Less power from the people they don t have to listen to people because don t have to worry about vote 0 House to protect elite and also democracy and minority groups 0 Became a direct election in 17th amendment 1913 Representation US House 1 member for every 700000 today 0 But no state can go below one 0 Senate states have equal representation not the people 0 52 senators 26 smallest states 177 US population 0 48 senators 43 largest states 822 US Population election 0 national laws that says rst Tuesday after rst Monday in November even years 0 all House seats open and 13 Senate open Section 2 quali cation to run for house 0 25 years old 0 citizen for 7 years 0 resident of state you re running in Section 3 quali cations to run for Senate 0 Citizen for 9 years 0 Resident o 35 years up to states to draw lines for voting district winner take all elections can do whatever they want except for a few cases where supreme court rule unconstitutional based on 14th amendment voting district cases 14th A cases would make different size US House districts by population and size 0 people in cities therefore got gipped o supreme court rules that this type of district distribution unconstitutional bc not treating people equally l so approximately same number of people need to be in each district so to x l Gerrymandering the districts manipulating boundaries of district to produce certain kinds of people that can and cannot get elected 0 so originally tried to draw boundaries so only white people could get elected now so that minorities in general cannot get elected 0 why it worked bc people tend to live near people like them and bc people tend to vote for people like them 0 to do fragment section of minority community so diluted into larger white vote had case about Gerrymandering bc said still not getting same representation 0 supreme court ruled unconstitutional 605 and 705 some people wanted to make it up to minorities by encouraging minorities to run and to draw district so that they have better chance to win minority voting district 0 so white guy running sued o supreme court ruled unconstitutional 0 cannot draw line on purpose to get minority elected 0 so if get sued states have to show that they didn t do it on purpose so rules for districts 0 same size population 0 cant be minority or majority district now have made districts to get a party elected and not another 0 to do look at demographic areas census now has more on it besides just population also states with closed primaries can look at voter registration 0 got sued for this too said guy he would want to win wouldn t bc of his party supreme court did not rule unconstitutional 0 there are 9 states who have set up non partisan redistricting commissions relatively new thing 0 in 2010 FL changed its constitution to say that districts would not be drawn with the intention to favor a party can only make laws on what they have power for in Article where states powers that national gov t have referring to congress 24 enumerated written powers of Congress Article I Section 8 can declare war coin money raise and maintain army at end of list necessary and proper clause elastic clause which creates implied powers 0 therefore have found more things that they have the power to do US Constitution Article Legislative Powers US House and US Senate have same amount of power to make national laws But still are a little different bc of how they used to be elected 0 At rst US House was direct election and Senate was indirect until 17th A when Senate became direct 0 To make law bill must pass through US House and Senate Things Senate can to that House can t 0 President can appoint judges but Senate must approve 0 President can nominate his top level executives but Senate appoints 0 President can suggest treaties but Senate must approved Did this bc o Figured Senate would be of the elite and would know better Even though direct election these pieces still in constitution and stayed same House has edge of some aspects 0 Revenue bills taxes must start in US House Did bc House is of the people don t want appointed group of people to tax so have group appointed by people to start taxes House also thinks revenue bill includes spending bills 0 Impeachment House are ones that decide if to impeach Then give impeachment to Senate and they do the trial Then Senate votes to eject from office 0 Article 2 0 When electors vote majority president runner up VP changed with 12th amendment 0 No majority for president top 3 go to House to vote 0 No majority for VP top 2 go to Senate to vote The People Elected to Congress 0 Usually upper class people and not very representative of the avg person 0 Used to be all white men 0 So never really been avg people 0 Today a little different 0 A little more representative 0 But still tends to be special group Careers that lead to congress 0 Business owners 0 Lawyers 0 Attorneys 0 34 are lawyers of businessmen 0 Gender 0 15 women 0 people elected today will not actually start until next year 0 right now is the 112th Congress meeting 112th time congress has had a 2 year meeting 0 new congress starts Jan 3rd noon every odd year 0 used to start on different day but changed with the 20th Amendment 1933 in constitution says that congress only has to meet once a year doesn t says for how long 0 so in early years was part time job 0 but as gov t started to do more and more through implied powers along with bigger population 0 so then had to stay longer and stopped being part time job 0 today congress goes home every weekend because expect to run legislation in DC and in there home district 0 also makes hard to get elected if never go home constitution says congress gets salary currently 174000 each plus bene ts 0 but for a lot in Congress that money not incentive bc already have a lot of money constitution says 0 House will make rules for themselves 0 And Senate will make rules for themselves 0 Also says they make their own ethic standards how to behave 0 Person who violates can be kicked out by 23 vote in Senate or House 0 There are also national laws that say what they can t do US Congress 112th Congress 132011 132013 0 US House 435 0 Speaker 0 190 D 240R 5V l R is majority US Senate 100 0 Vice president and president pro tempore o 2l 51D 47R l D is majority Each section makes there own rules 0 Also create their own leaders 0 US House speaker 0 US Senate vice president and president pro tempore person who takes VPs spot if he moves up 0 Majority vs minority party 0 The political party with the most representation in House or Senate Vacancy state gov t must hold special election to ll 0 But until election happens just empty 0 ln senate 17th amendment special election but also says that states can make law saying that governor can appoint someone in the mean time 0 Speaker 0 D and R each nominate person from their party 0 Majority party nominee will always win 0 Senate president pro tempore o Independents here almost always vote democratic 0 Each party nominates person for president pro tempore Again majority party nominee always wins Leaders and Whips 0 House Leaders and Whips R and D each vote for their own majority leader and minority whip a Leader tries to lead party a Whip l tries to support leader tries to bring them along 0 Senate Leaders and Whips was rst in House then Senate adopted Again R and D each vote for theirs a Leader leads a Whip l supports leader 0 Only last for current congress so vote again every time Can also be replaced if don t want you anymore 0 Speaker most powerful person in House 0 Not bc of constitution but because the House rules give speaker that much power 0 President Pro tempore not most powerful in Senate 0 Majority leader is the most powerful But Speaker in House has more power than majority leader in Senate 0 Pres pro tempore more of an honorary position Usually people that have been around for a long time 113th Congress 0 House 0 Majority party will be republican again 0 Senate 0 Majority party will be democrats again When new Congress starts establish standing committees These aren t in constitution Standing committees each one is specialized 0 Get speci c type of bill to consider 0 Permanent committees likely going to be same next congress 0 Purpose is to lter out that full chamber should not bother with n Based on volume of bill that are introduced to congress Also impossible for every person of congress to understand every bill 0 Makes it so every bill to get looked at And makes it so that someone has some expertise Bill a proposed law 0 House 20 standing committees 0 Every member must sit on 6 committees Senate 17 standing committees 0 Every senator must sit in 8 committees Chair person in each committee is from majority party 0 Makes so that House will only pass bills that republicans would like 0 Opposite with Senate How a Bill Becomes a Law 0 Bill could be passed rst in House then sent to Senate and they consider it or other way around 0 They can also be propose in both at same time 0 Bill must be same exact words throughout Introduced 0 House Any of 435 reps can introduce a bill in House 0 Senate Any of 100 senators can introduce and bill in senate VP n Votes to break ties D But not really given any other responsibilities 0 People who also think of new bills but cannot propose Lobbyists anyone who contacts a gov t official to try and get them to do something you want them to do Professional lobbyists people who get paid by someone to lobby lnterest groups group of people with similar ideas that try to in uence people in gov t to do what they want a Different from political parties because do not try and get someone elected a Animal rights groups environmental interest groups religious groups business groups n Sometimes they want a new law passed 0 Reasons House Senate member might propose for another person Trying to please voters Might be someone who gives money 0 To introduce Must be in traditional formal bill form Then thrown in Hopper And considered of cially introduced 0 Once introduced receives a number 0 Assigned to a standing committee 0 Example farming bill in House 0 0 Sent to agriculture standing committee Chairmen republican can put down bill and ignore it until the end of 2 year congress when thrown out Everything that starts in 2 year congress must end in that same congress Chairmen could also send to subcommittee specialize in a more narrow way Subcommittees do most of work usually They set times and hearings about bill a Goal of hearing is to gain more knowledge about it Then gets sent back to standing committee They get nally say in whether or not it will go on to full congress Suncommittee tells them what they think and usually standing committee listens Standing committee then votes by majority rule 0 During this whole process within the committees the bill can be changed Committee system makes it so every bill seen and there is some level of expertise Over 90 of the time the bill is killed in the committee 0 Committees necessary to lter through 0 Might be killed bc Not a good idea Costs a lot of money New perspective comes in and change their mind Voters don t want People who give money say they don t like it If makes it through committees 0 House l goes to rules committee Rules committee sets special rule a Esp set time limit also set date for the debate a Set any special conditions 0 Like could change bill When the date comes up will debate in House and then will vote a Majority rule If vote to pass it I Send to Senate ln senate 0 Pass bill in House goes into a standing committee AG forestry in Senate democrats o Chairmen again in committee could leave it alone and let it die 0 If he wants send to subcommittee They do most of work ln mean time being lobbied Vote by majority 0 When subcommittee nishes send report to standing committee on what they think they should do 0 Standing committee has nal say They are being lobbied during this time too Vote by majority again 0 If they pass it it is allowed to go on to Senate Do not have rules committee instead the Leadership set day don t have time limit a They debate and are allowed to change in the process If in Leadership if no one says they don t want to debate considered unanimous and will debate a lfjust one person doesn t like then debate about whether or not to debate the bill If pass through the Senate will debate n Then vote by majority Bill must pass in House and Senate with same exact words 0 But both are allowed to change words 0 So if one comes through both but are slightly different have a conference committee Purpose is to get Senate and House version of Bill to match Leadership in house and senate each assign some people to go to conference committee o If they cant get them to match dead o If they get them to match Would go back to House and Senate for vote No more changing yes or no 0 Then has to pass vote in both lf does pass in both sent to the president He can sign in and becomes national law Or he can veto it u If he does that required to send back to congress n Congress can over ride with 23 vote in both and becomes a law anyways President can also just ignore u If ignores for 10 days not including Sunday automatically becomes a law I But if left 10 days but before time 2 year congress up say congress only had 5 days left would automatically veto Conference committee 0 Can add on piece min wage raise which republicans don t want to the bill military spending bill 0 So when went back cant change and republicans almost tricked bc want military spending but not min wage so have to vote yes 0 House majority party has power o If they stick together will not be stopped Senate minority party has power 0 bc there is a possibility of a Filibuster someone that keeps talking about bill until pointless talking a bill to death bc if keep talking bill can never be called for a vote 0 record for this is held by Strong Thurman libustered the civil rights bill for 24 hrs and 37 mins near end read phone book before nally able to stop him because of this House created the Rules Committee 0 senate also made rule to stop libuster if you can get 35 of senators to vote cloture closure can make him stop a get 16 senator to sign petition a in 48 hrs have vote and need the 60 votes hard bc majority party normally doesn t have 60 votes 0 1960 changed rule in senate about libuster if u even say that you are going to libuster will treat it like a libuster if they don t think they have 60 people to vote cloture on the libuster just won t bring up bill El n starts with how to pass bill on pervious tab n Congressmen usually vote for their own party So can usually infer if the bill will pass or not because of the party demographics But sometimes don t I Reasons people in Congress might vote for other side Might not be completely in step with party and may vote differently on particular issues 0 O 0 Most of the time totally compatible but not always People can provide a lot of money to congressmen so maybe not vote with party if this person wants May think that they owe it to the people to vote for what they want 0 Or may just wants their votes 0 Then may vote in opposition to their party Also leadership will not punish person for voting differently a Very hard for bill to become law bc Only little bit because of constitution bc vague o Constitutional reasons for it being hard to pass bi Need majority in house and senate I Would be a lot easier with just one group instead of two very different ones Also need permission of president a Who is total different person separate from senate D So just adds another level to pass through Political parties 0 Democrats in senate republicans in house 0 President also different party So not many bi actually become laws I Congress does other things than just make bills Can also make amendments to change the constitution 0 Any congress member can suggest amendment called resolutions 0 Difference bw amendment and bill 0 When bill just vote by majority 0 Amendment need 23 And also 34 of state gov t to ratify 0 So even less likely then bill to get passed If bill passed goes into US Code If amendment passed goes on end of constitution These are two very different things Constitution 8 pages US Code immensely long a Congressional record a record of what congress does Required by constitution Today a lot of ways to keep track of what congress does 0 ThomasLocGov website 0 House and Senate also have their own websites House website every member s info a Every bill introduced I Also shows where current bills stand on congress a Rule of the House 0 CSPAN cable tv channel offered for free on every cable primarily covers gov t n 113th Congress starts Jan 3rd at noon House 195D 234R 6 Senate 53D 45R 2l 0 These independents usually vote R Empty seats are actually very common 0 And states responsibility to ll seat with special election and until then just empty 0 Could be empty because Died Sick Offered better job Resigned bc of scandal n Executive Branch Article II Presidential Branch Execute carry out national laws Article just a little 0 Must give his position on Bills 0 Can veto can ignore can accept Schonl 0 Starts with election process 0 Then quali cations Must be 35 Must have lived in use for certain number of years Born in US only one where this is required I Also says or had to be citizen time the constitution was passed But most presidents have been fairly similar a Most had gov t job before 0 34 in congress 17 governors bunch were vice president a most have British back ground 0 only 5 that don t but all these their moms were 0 a lot related to previous president 0 even Obama related on moms side a similarjobs lawyers more than half 0 military 5 presidents have military career 0 over have been in military businessmen 6 pres a Modern pres tend to be lvy eague graduated 0 Say VP will become president 0 Says president will get paid for work 400000 Salary decided by congress o Hath oath of office Only one in constitution Section 4 impeachment O 0000 Impeachment charges Goal is to remove person before term is up Any top ranking official can be impeached Only punishment that congress can give House impeaches Do investigation think of charges Then give to Senate and they hold the trial a 23 vote to kick out n no president ever kicked out o 2 ever impeached u only people ever kicked out were judges 4 these impeachable high crime treason bribery misdemeanors Section 2 and 3 powers of the president 0 Can grant a pardon For a person accused of federal crimes But federal crimes rare usually state cases Every president pardons a couple hundred of people a No published bc not big deal GW Bush pardoned fewer people than most presidents In Article II Section 2 and 3 0 Powers of president 0 O O CO 00000 Grant treaties Need permission from congress Grant pardons Appoint judges Need permission from Senate Can nominate people for executive positions State of the Union Recess vacancies lf senate on recess can make appointment without them Can convene House and Senate during emergencies Can adjourn congress if congress can agree Commander in chief of army and navy and militias Commissions officers in the military Welcomes councilmen and ambassadors from foreign countnes 0 Can suggest measures to congress which he considers necessary and expedient a January 20th at noon when president goes into office Presidents role very different from what it used to be Presidents copy each president before them 0 Give own interpretation of constitution also a Cabinet Not in constitution Washington was rst to have and everyone else just copied o Called it a cabinet because copied England All with advice and consent of congress Washington said he didn t want to be president for more then two terms 0 Everyone else copy 0 FDR did 4 terms Then 22ncl Amendment in 1951 says president can do more than two terms a Modern presidents Very big gov t compared to older 0 Through implied powers During depression president talked to media 0 Talked to the people 0 Wife of pres talked to the people crazy because before people wouldn t even know wife People rank presidents 0 Top 3 always similar Lincoln FDR Washington 0 All in time of crisis 0 n Presidents want to have power in legislation A big power he has in the ability to veto 0 Congress can only override a veto with 23 in house and senate which is very unlikely Most presidents do some veto some have done none 0 But most presidents usually have 1 or more veto s overridden Usually takes some people voting against their party views In Article II Section 3 Has statement that says president can suggest measures to congress that he considers expedient and necessary 0 19005 presidents started to use this slowly before never really used 0 Wilson took ideas and gave to congress to try and nd someone to sponsor it o Truman actually hired some people to put his idea into bill form 0 Eisenhower hired people to lobby his bills 0 So was an evolutionary process So his problem is not getting bill introduced but for it to pass 0 bc president not there so have to almost manipulate congress to pass it what gives president better ability to pass bills 0 That his party is the majority in congress 0 Public opinion about bill lf public really wants it might feel pressure 0 Public opinion about the president whether the people think the president is doing a good job Congress and president know through polling lf public behind president then congress more likely to go along with pres Public approval of whether or not they think the pres is doing a good job I Usually started at 50 lf public doesn t like president than congress less likely to give him what he wants 0 A crisis If there is some sort of crisis congress becomes less competitive But if crisis goes on too long hurts president 0 President can also trade things Do gentlemen s agreement on certain bills and each get a little bit of what they want 0 President gives congress a budget 0 No money can be drawn from the treasury but of a consequence by federal law So no money can be spent by federal gov t unless appropriation to a law 0 Budgeting and Accounting Act 1921 A law so goes into US Code Requires the president to present a federal budget to congress the rst Monday of February Suppose to tell them how much money is needed to fund all these laws 0 US House Goes to Budget committee Then budget sub committee Back to budget committee Then to Rules Then Vote in House 0 Same in Senate except goes through Leadership instead of rules Then if senate and house disagree go to conference and then back to house and senate for one last vote 0 13 Appropriations bills follow same process except with appropriation committees also since laws also goes to president because he can veto scal year for federal gov t starts Oct 1 n so have to nish budgeting by then D but if not ready in time do a continuing resolution l say will spend at same level as before until appropriation law passed a budgeting Individual income tax 43 0 Major source of general operating funds Tariffs and other taxes too Payroll tax 43 0 Used for social security and Medicare State gov t get money primarily from sales taxes 0 Some states also have income taxes City and counties get money from property tax mainly Different kinds of budgets 0 Balance budget even 0 Surplus budget take in more then spend 0 De cit budget spending more than take in so accumulate debt I General go into debt during crisis Then eventually make it back to balance budget a New pattern now Gov t would borrow money not for crisis but just for normal operation of military So made de cit budget 0 Currently US Debt is 162 trillion Pattern o Reagans 19811989 1t 32 t 0 Bush jr 20022009 57t 107t 0 Obama 20092012 107 t 162t 0 Bush sr debt was less and Clinton only one recently where didn t increase debt I The money that s owed Most money borrowed goes to other projects 0 Like social security Other half borrowed from other countries 0 Other countries do this as an investment bc collect interest 0 So don t want to borrow more so that can work off debt 0 But has become more complicated than that 0 Democrats believe that should raise taxes and cut back on military spending 0 Republicans think opposite should cut domestic spending 0 So there is no solution that everyone in public agrees on 0 US Debt biggest number value in world 0 But not considered worst because of our GDP We have a huge economy So doesn t sound as bad if we owe 162 t and earn 16 t a Budget Control Act 2011 0 And attempt in congress to be forced to stop spending 0 Put together super committee 0 They were suppose to come up with 12 t cuts to federal spending within 10 years to help solve this problem 0 Were told if they cant do it would just do 12 t dollars in cuts across the board for 10 years 0 Super committee failed 0 So suppose to do the across the board cut at end of this year 0 Also the bush jr bill that made income taxes lower will run out at same time so taxes will go back up 0 This is the scal cliff a Social Security and Medicare 0 Social Security a social insurance plan where people can retire and get some money from this program 0 The rst people to receive did not have to pay anything into it 0 So working class pays for people currently retired o Comes from payroll tax For retired disabled kids for dead workers Set up so that employer must send in 62 of your income plus another 63 to match Goes into Social Security trust fund D So actual person never touches it lmplied power through interstate and international commerce I Cant make you pay but can make companies 0 Throughout its history has took in more money than it spend So has 26 t surplus But not really there because surplus got borrowed from national gov t debt And will be trouble when baby boom generation retires Expect in 2037 surplus will run out o This situation complicated because people feel like they ve been paying this tax so don t mess around with it 0 Medicare program where employer takes 145 of your income and matches it to go towards Medicare for retirees 0 Just started to pay out a little more than taking in 0 So might have to change somehow too 0 Also comes from payroll tax So again people feel as if have right to this money a Many things done by feds requires cooperation from congress and president 0 So strain on both branches But that how it was set up D So major tension bw Legislative branch and executive related to military and war bc in constitution war and military partly in both sections also problems bc constitution very vague on all this additional problem caused by the fact that war is different nowadays o congress was one who declared war then president carried out war was gov t against a gov t but now never really see formal declaration of war a don t write now bc if want to sneak up cant also if written can clearly see who started it last time congress declared war was WWII 19411943 a bc of Pearl Harbor n congress don t like when president send in troops and start ght even though congress didn t say they could do that o congress could stop l but not funding particular military endeavor 0 but congress usually doesn t want to cause trouble 0 so get pulled into these con icts without actually making a decision on it a WWII 19411945 US assumed that would be ne with all the countries after the war But not the case tension rose bw soviet union and US Ended up with eastern block v western block 0 Both side with nuclear war Created cold war 0 Where both saw each other as enemies but did not necessarily want to ght 0 This also somewhat included China as an enemy of the US US adopted idea of containment o Containment policy whatever is bad for enemy good for us and vise versa a Vietnam war Revolution in Vietnam US gave France money to prop up Vietnam gov t Then Vietnam separated bw north and south 0 US supported south 0 Revolution in south caused by attacked by north 0 So containment policy by preserving south Eisenhower administration start was is considered to be Vietnam war Kennedy administration said could protect themselves but not attack Johnson administration escalated so actually ghting o By end got into air warfare Nixon continued even further 0 Then said didn t lose but we left This whole time congress upset bc wasn t their decision to start 0 Could have ended if stopped giving money 0 But felt trapped in the war After war over 0 Congress already irritated but found that presidents during this time had lied to them Came out that US was bombing Cambodia even though president said they weren t 1964 president told congress that 2 American ships attacked by north Vietnamese for no reason 0 found out later that they were actually involved in raids on the Vietnamese 0 and that ships never actually attacked Gulf of Tocan Resolution 0 Closest congress ever got to resolution a War Power Act of 1973 Congress s attempt to take back control from president as commander in chief trying to win back war making rights President vetoed but congress overrode Suggest that president should consult leadership of congress before ghUng 0 But didn t make mandatory bc was during Cold War 0 Required within 48 hours to tell congress with letter 0 Then if congress does not agree or comes up with a use of force resolution or if they don t say anything within 60 days must take troops out Can ask for 30 day extension if dangerous to troops but only exception Congress thought taken care of then 0 But problem is that since president don t like there are ways around it bc there are ways for president to use military around it one way is if short ght because presidents can say well l was going to tell but its over now n so can just bomb people a bc just says 48 hours later just have to send letter 0 UN only exists to prevent war and promote peace 0 Every nation voluntarily in UN 0 Only allowed to attack in defense 0 Iraq invades Kuwait 0 So Kuwait begs UN to help them Don t have troops But countries of UN volunteer troops if UN votes for it So US sent over a lot of troops 0 Congress then mad bc no letters Presidents excuses was because he s not in combat So once president had everything set up sent letter a At this point congress much less inclined to make them come back bc embarrassing to US D So congress made resolution to allow them to stay a Executive Branch 0 President has group of people referred to as Bureaucrats civilian employee of federal gov t 0 They don t run for office 0 Get job by being appointed or hired Constitution Doesn t mention bureaucrats but does imply a group of people that helps the president 0 Laws 0 0 Most laws do not having ending date So only way to get rid of would be to make new law that kills it Article II Section 2 couple of things that imply this group of people 0 Says that president will nominate ambassadors public administers councils and of cers etc With advise and consent of senate 0 Say he can require the opinion in writing from chief of cers of executive departments about subjects they work on So bureaucrats evolution from what implied by this little that is said in constitution During Washington s presidency made law to create 3 different departments to carry out different laws 0 Department of state still alive today got any law that has to do with foreign policy 0 Department of war not alive today got rid of because it sound like going to ght someone Now called department of defense 0 Department of treasury Any law to do with coining money taxes Spoils System awarding someone who helped with election with position 0 President elected come in and red everyone in executive branch Would then ll with people that were loyal in his political pa y And particularly people who helped to get him elected So rst couple of months in presidency just hiring people a Higher level people congress could reject a Lower level could just hire 0 Problems with this Might be hiring people that aren t as quali ed Biased bc always going to agree with president D So no different view or input No continuity I Just as soon as learn yourjob red and replaced by someone that doesn t know Makes it look like president up for sale D So tacky and not digni ed 1881 president Gar eld shot and killed 0 by a guy who said that he was promised a job 0 so press and public became more interested 0 so decided to try and do something similar to England s system with a permanent bureaucracy Pendelton Act of 1883 0 Trying to create permanent bureaucracy 0 Of ce of personal management They get all applicants for jobs Had to be right person with right quali cation So to take politics out of hiring bureaucrats n bc hired on quali cations not politics a hired on merit also permanent I can only be red ifjob goes away or not doing job I red on lack of merit but at top of executive branch still the spoils system a before had spoils system a today hired by of ce of personnel management hired and red based upon merit at top level still ahs spoils system a President s choices for top level position Can hire 2400 without approval 0 Can re whenever he wants o 600 to appoint and Senate must approve can re whenever but would have to consult senate to replace a US bureaucratic structure evolved over time so kind of messy Unlike other countries who s constitutions clearly spell out a US Code All laws go here Each law carried out by special group in executive branch EOP executive of ce of the president Almost all people here just hired by president 0 Such as speech writers media reps chief of staff appointment secretary o Tend to be closest to president 0 Have same political ideology as president a Executive departments Constitution didn t make any of this clear just said someone must do these things A law made by congress and president can createget rid of department So laws come in to executive branch and designated to a department for them and the president to carry out President nominates secretaries and assistant secretaries of all departments as well as directors and assistant directors of the offices inside the departments 0 Senate then rati es nominations So departments then broken down into more speci c offices Can only be red for not doing job or if job does not exist anymore By tradition refer to these people as president s cabinet I Independent executive agencies CIA EPA NASA Top level nominated by president Bottom people permanent I Independent regulatory commissions there are 16 Get mainly laws that regulate business or industry SEC FCC Different because have panel of people 0 Every commission has laws that de ne their terms But bottom people permanent These people are here when president comes in but when their term ends president can nominate people and congress approves 0 So gives president limited power 0 Makes it so they don t have to pay as much attention to pres a Government Corporations there are 16 Business owned by population and run but gov t Examples Amtrak train US Postal Service President can only replace when their term is up 0 So again separate from president and politics 0 But bottom people permanent n lnconsideration to nominations Congress usually lets president have who they want 0 Unless too extreme in their political ideology 0 Or if they had personal or professional scandal But in modern times have had harder time o Esp when congress of a different party a President has a lot of power when it comes to carrying out laws bc laws very vague president is then able to ll in details example endangered species act of 1973 o purpose it to protect endangered plants and animals 0 but have listed no plants or animals 0 so leave open for list of endangered to change so don t have to constantly have to rewrite law 0 reasons for them being vague 0 so they don t have to change them constantly 0 also with more detail more to argue about 0 congress cant have expertise in all these areas 0 so leave up to bureaucrats and president to ll in details 0 republican and democratic presidents will carry out laws in different ways a Rules with this in uence Bureaucrats under supervision of president can make rules from laws 0 Example safe drinking water act of 1974 a federal law 0 Goal is to make water safe t drink 0 Set to EPA to be carried out 0 Bottom level people are scientists therefore know what should be carried out 0 Top people on political side of president so try and in uence bottom people towards their view 0 Say that arsenic levels cannot exceed certain amount So if mining company releases this into water table they must gure out how to prevent a Process for making rules Bureaucrats take lead in this 0 Both bureaucrats and president being lobbied throughout 0 Find new rule they need and show to EOP o If they think good becomes written proposed rule off of certain law rules are extremely speci c 0 Gets published in federal register Get feed back rewrite based upon feedback Then go back to EOP to ask if president wants If he does then becomes nal rule attached under certain law 0 Goes into federal register 0 Get published permanently into code of federal registry Only way to get rid of rule is to make new rule that kills it Rules can only be made based upon a certain law a Presidents can also make executive orders Executive order usually made off of a law 0 Doesn t say in constitution can do this but Washington thought implied President does this just by himself Tell them exactly what to do about something Writes and signs day he signs gets put in federal register 0 Then permanently into code of federal registry 0 And tacked onto law as an E0 Sometimes congress unhappy with president E0 0 So can pass bills to override 0 But then the president can veto 0 So then need 23 in house and 23 in senate But this extremely hard 0 So once EO made hard to override a President has very few constitutional powers only 13 Chief of military Can make EO n Rules and E0 can be brought to court Sometimes ruled not constitutional Also have been rules that an E0 makes no sense So if case gets into court can say cant do n The Federal Court a 1 US Supreme Court almost all appellate jurisdiction 0 appellate courts courts that hear cases on appeal from other courts appeals cases come from lower federal court or state supreme court only if state case involves federal issue can choose to takereject a case appealed to them a 13 US Appeals Courts ONLY appellate jurisdiction Cases have all been tried in one of US District Courts win circuit a 94 US District Courts only original jurisdiction Article III says they handle lawsuits involving state gov ts and cases involving foreign ambassadors handle trials about 0 federal laws US Constitution US treaties maritime cases 0 civil lawsuits bw citizens of different states when damages exceed 75000 bw 2 or more states bw state and nat gov t bw state and a foreign gov t criminalcivil cases involving foreign ambassadors El n Thejudicial Branch 0 The role of the judicial branch is to interpret the law a Article Ill Says should be one Supreme Court 0 Says inferior courts can be created through laws made by Congress 0 President nominates Supreme Court judges Congress approves Article II 0 Federal courts have power to handle cases involving 0 US laws US Constitution US treaties foreign ambassadors maritime activities 0 Also get case involving civil lawsuits Where plaintiff from one state sues defendant from another Also civil case goes into federal court if plaintiff or defendant is a state gov t of federal gov t Supreme Courts has original jurisdiction if foreign ambassadors or state gov t is one of the parties O Remainder of work are appeals cases Judiciary Act of 1789 O 0 Since constitution little detail about federal courts the 1st congress and Washington establish the federal court system Little has changed a Federal Court System Today 0 94 US District Courts trial courts 0 O 0 these are established by federal law have original trials in federal court system 24 criminal trials defendant accused of violating federal law by US gov t however most criminal trials in state courts bc usually violating state law not federal 76 are civil cases when individual groups gov ts or businesses have argument over something plaintiff can only sue if have quotstanding to suequot must be able to show that they were personally harmed by behavior of defendant defendant not accused of violating law case gets into federal district court if plaintiff from different state than defendant if for more than 75000 plaintiff can ask to go to federal court Supreme Court has original jurisdiction in civil lawsuits involving states of foreign ambassadors But federal law gives district courts concurrent jurisdiction So save Supreme Court time and work 0 13 US Appeals Courts 0 cases appealed here if original trial was in US District Court 0 a judge interprets a national law of constitution to gure out if there was an error in the original trial 0 1 US Supreme Court 0 only court speci ed by constitution o primarily appellate court 80 of cases come from US Appeals Courts 18 from state supreme courts and involved federal issue 2 not appellate are original trial court in cases involving foreign ambassador or state gov t as a party a Each State Has it s Own Court System Federal courts completely separate from each state s court 0 This is where most cases happen Each state gov t has constitution and laws that set up their court system 0 Each created own trial courts and supreme court Most criminal cases are in state s courts bc violate state law In state court if 0 Groups companies individual inside same state involved in civil suit Criminal or civil cases originally tries in sate court can only get into federal court in one way o If oser appealed something about their trial 0 And appeal involved a federal issue a Federal Court Judges About 800 federal judge in all US federal courts All nominated by president and approved by Senate No quali cations in constitution bc wanted judges to be free of political in uence Serve for life Can be removed through impeachment Presidents will want to appoint judges that will interpret national laws and Constitution in way of their political party so conservative or liberal n More About the US Supreme Court 95 caseload involves appeals o loser saying that something wrong with previous tria loser in state court can only appeal to Supreme Court ONLY IF they already appealed to State Supreme Court and arguing that problem with trial involves FEDERAL issue 9 Justices in Supreme Court 0 when get an appeal if 4 of them want to hear the case they take it 0 but turn down most Supreme Court s activities not really public Most rules in Supreme Court created internally If they accept a case 0 Each side given half hour to explain 0 Judges ask questions 0 No new evidence or witnesses or jury o Judges are interpreting a law or Constitution to gure out whether something is wrong with previous trial 9 justices discuss case vote by majority rule then one judge from majority writes their opinion their decision has direct impact on person who appeals and other people too 0 bc if they know how Supreme Courts stand others with similar laws will change Homer Plessey on white side of train and arrested lost in Supreme Cou Brown black girl couldn t go to white school Supreme Court ruled unconstitutional n The Power ofJudicial Review Power of court to declare a gov t action a violation of the US Constitution judicial review is an implied power of court First time was in Marbury v Madison 1803 o The Judiciary Act of 1789 gave them this power to issue a writ of mandamus a court order that direct a gov t of cial to do something to ful ll his duties 0 Importance of this case is that US Supreme Court interpreted the US Constitution to mean the federal courts has the power ofjudicial review This then gave judicial branch much more power However Supreme Court cannot say that anything is unconstitutional unless it comes to them in a case The other two courts have power of judicial review just that Supreme Court has nal interpretation Way for these cases to get to federal courts 0 Individual arrested for violated state law keeps appealing if he thinks something wrong with his trial until in State Supreme Court then think law is a violation of US Constitution Another way is for someone to sue the gov t o If law affects you then you have standing to sue 0 Maybe you think that the federal law is unconstitutional 0 Would then go through US District Court if appealed to US Appeals Court then continue to Supreme who might not even take the case u If The Supreme Court Rules Against the National or State Gov t If gov t state or fed unhappy about federal court ruling that law unconstitutional 0 They can study ruling and pass new law with somewhat different requirements to get around previous problem 0 Or they can try to change the Constitution by proposing an amendment n Activities of the Federal Courts All federal courts are interpreting a federal law not constitution in most of cases o Is someone on trial for crime court trying to interpret federal law to gure out if defendant violated it or not Sometimes in civil suit plaintiff can sue the gov t to get an interpretation of that law
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'