Political Science Study Guide
Political Science Study Guide POL 101
Popular in Introduction to American National Government
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Political Science Study Guide Chapter 1 Introduction Making Sense of Government and Politics Government has become a powerful and complex force in the United States Government is necssary to maintain order to protect property and to provide public goods American government is based on democratic electoral institutions and polar representative bodies political science in empirical it aims to identify facts and patterns that are true in the world around us Forms of Government government the institutions and procedures through which a land and its people are ruled autocracy form of government in which a single individual rules oligarchy a form of government in which a small group of landowners military officers or wealthy merchants controls most of the governing decisions democracy a system of rule that permits citizens to play a significant part in the governmental process usually through the selection of key public officials constitutional governments a system of rule in which formal and effective limits are placed on the powers of the government authoritarian government a system of rule in which the government recognizes no formal limits but may nevertheless be restrained by the power of other social institutions totalitarian government a system of rule in which the government recognizes no formal limits on its power and seeks to absorb or eliminate other social institutions that might challenge it dominating political economic and social life Foundations of Government two basic components means of coercion army or police force and means of collecting revenue means of coercion coercion forcing a person to do something by threats or pressure ex the army the draft jury duty punish the means of collecting revenue taxation heated debate in politics Why is Government Necessary control is the basis for government to maintain order primary purpose of the government Thomas Hobbes Leviathan anarchy is even worse than the potential tyranny of government because anarchy or life outside the state is violent Government might be a threat to freedom but we need it to enjoy our freedom anarchy absence of rule to protect property John Locke whatever we have removed from nature and also mixed our labor with is considered our property No matter if something is our property if someone greater than us decides to take it or trespass it its fine Property is meaningless without a government of laws and policies that make trespass prohibitive to provide public goods David Hume without governments coercive powers through a policy to do public goods there is no incentive or no incentive for even the richest most conceded members to provide the benefit free riding enjoying the benefits of some good or action while letting others bear the cost A public good a good that first may be enjoyed by anyone if it is provided and second may not be denied to anyone once it has been provided Influencing the Government Politics politics broadly conflict over the character membership and policies of any organizations to which people belong politics from book conflict struggle cooperation and collaboration over the leadership structure and policies of government goal of politics is to have a share or say in the composition of the governments leadership how the government is organized and what its policies are going to be institutions rules and procedures incentives for political behavior thereby shaping politics designed to gain popular consent by opening channels for political expression From Coercion to Consent limiting government all about the bourgeoisie and how it was difficult to limit them the expansion of democratic politics rulers forced to give ordinary citizens a greater voice in public affairs Does American Democracy Work democracy has lead to more democratic ideals of popular sovereignty and majority rule Delegating Authority in a Representative Democracy we are a representative democracy because citizens have lives to live principalagent relationship the relationship between a principal and his or her agent This relationship may be affected by the fact that each is motivated by self interest yet their interests may not be well aligned citizens might not get what they want The TradeOff between Freedom and Order all of the ways of coercion constitute limits on liberty iberty is one of the very purposes for which such coercion is necessary in the first place The Instability of Majority Rule many purposes pursued by different citizens hard to make a choice because you are going to damage the interests of some Chapter 2 The Founding and the Constitution not every feature of the constitution has been a success 18th amendment repealed by the 25th amendment prohibition of alcohol framers did not intend for the amendment process on social issues constitution contributed to America s success as a nation by firmly establishing the rule of law rule of law governments actions cannot be arbitrary but must be based on a fairly stable body of published protects citizens from arbitrary actions by government officials and enhances the quality of governance and generally promotes the development of a nations economy under the constitution the powers of government officials are defined by law and may only be exercised according to law gt the framers of the constitution although guided by underlying values also had conflicting goals and interests gt the first attempt at a new arrangement for selfgovernment relied on institutions that were too weak to achieve collective action on behalf of the nation gtthe conflicting interests of the founders were eventually accommodated through a complex set of rules and procedures set forth in the constitution which divided power among three branches of the federal government and between states and the federal government gt the constitution not only provides a framework for government but also often guides the policy process even to this day The First Founding Interests and Conflicts Political Strife and the Radicalizing of the Colonists the Boston tea party set into motion a cycle of provocation and retaliation that in 1774 resulted in the meeting of the First Continental Congress an assembly consisting of delegates from all parts of the country The Declaration of Independence american independence from british rule in 1776 written by Thomas Jefferson got ideas from John Locke certain rights called unalienable rights including life liberty and the pursuit of happiness could not be abridged by governments The Revolutionary War the war ended with the signing of the treaty of paris which officially granted the three American colonies their independence The Articles of Confederation after getting independence from Britain the colonies needed to establish a government 1777 continental congress adopted the Articles of Confederation and Perpetual Union articles of confederation and perpetual union americas first written constitution adopted by the continental congress in 1777 the articles of confederation were the formal basis for americas national government union 1789 when they were superseded by the constitution concerned with limiting the powers of the central government no executive branch congress was the central government but had little power execution of laws was up to the individual states were chosen by the state legislature each state had only one single vote amendments needed agreement of 13 states congress was given the power to declare war and make peace to make treaties and alliances to coin or borrow money to regulate trade with native americans congress could not evy taxes or regulate commerce among the states do anything with army because it was all state militias prevent one state from discriminating against other states in the quest for foreign commerce states retained all governmental powers each state was pretty much an independent nationstate The Second Founding From Compromise to Constitution the declaration of independence and the articles of the confederation could not hold the nation together as an independent and effective nationstate International Standing Economic Difficulties and Domestic Turmoil americans were worried about the countries international position there was competition among the states for foreign commerce that allowed the other countries to play the states against each other commerce within the states was messed up because of the war several states borrowed money just to finance the debts they had acquired during the Revolutionary War because of weak international position and domestic turmoil americans thought a new version of the articles was necessary Shays Rebellion Daniel shay led a mob of farmers who were protesting foreclosure on their land in a rebellion against the state government in 1787 shay and his army wanted to seize federal armory in Springfield Mass but the state militia shut them down scared congress into action states were asked to send delegates to discuss constitutional revision every from every state besides rhode island came had to stop political strife international embarrassment national weakness and local rebellion The Constitutional Convention 1787 29 delegates decided to completely remake a national system the great compromise an agreement reached at the Constitutional Convention of 1787 that gave each state an equal number of senators regardless of its population but linked representation in the House of Representative to population also known as the Connecticut Compromise Edmund Randolph of Virginia made a resolution that changed every aspect of the AofC Virginia Plan was most controversial a system of representation in the national legislature based upon the population of each state or the proportion of each states revenue contribution or both because states varied in size and wealth the plan was biased in favor of large states that would have greater representation William Paterson of New Jersey wanted to revise the AofC not replace them the smaller states argued that each state should be equally represented in the new regime regardless of its population Great Compromise reassured those who feared that the importance of their own local or regional influence would be reduced by the new governmental framework the question of slavery the threefifths compromise an agreement reached at the constitutional convention of 1787 stipulating that for purposes of the apportionment of congressional seats every slave would be counted as threefifths of a person many conflict emerged from the constitutional convention about the differences of slave and non slave states most northern states opposed counting slaves in the distribution of congressional seats but southern delegates made it clear that if the northerners refused to give in they would never agree to the new government ThreeFifths Compromise temporarily defused the rivalry between the merchants and the planters The Constitution the framers wanted a new government that would be strong enough to promote commerce and protect property from radical state legislatures nationa control over commerce and finance as well as the establishment of national judicial supremacy and a strong presidency the framers wanted to prevent what they saw as the threat posed by the excessive democracy of the state and national governments under the AofC this lead to checks and balances staggered terms in office indirect election and bicameralism the division of a legislative body into two chambers or houses the framers were hoping to secure support from the states or public for the new form of government provided for direction popular election of representatives and for the Bill of Rights the framers tried preventing the new government from abusing its powers incorporated principles like the separation of power and federalism The Legislative Branch house two year terms elected directly by the people the house was designed to be directly responsible to the people in order to encourage popular concent for the new consitutio and to help enhance the power of the new government senate six year terms staggered so only onethird of the senate changes in any given election appointed by state legislature changed in 1913 to direct election staggered terms of service is intended to make the body even more resistant to popular pressure expressed powers of the national government collecting taxes borrowing money regulating commerce declaring war and maintaining an army and a navy all other power belongs to the states unless deemed otherwise by the elastic necessary and proper clause exclusive powers of the national government states are expressly forbidden to issue their own paper money tax imports and exports regulate trade outside their own borders and impair the obligation of contracts these powers are the exclusive domain of the national government structure of legislative branch was designed to contribute to governmental power promote popular consent for the new government and at the same time place limits on the popular political currents that many of the framers saw as a radical threat to the economic and social order the powers of congress and the states expressed powers the powers enumerated in the constitution that are grants to the federal government made so that the people didn39t think the constitution would pose a threat to them the constitution grants only those powers specifically expressed in its text necessary and proper clauseelastic clause enumerates the powers of congress and provides congress with the authority to make all laws necessary and proper to carry them out enumerated powers were not meant to be a source of strength to the national government not a limitation on it created because the framers wanted an active and powerful government The Executive Branch presidency four year terms limited in 1951 to maximum of two terms elected indirectly by the electoral college powers can recognize other countries negotiate treaties grant reprieves and pardons convene Congress in special sessions and veto congressional enactments The Judicial Branch supreme court lifetime terms appointed by the president with the approval of the senate powers include resolving conflicts between federal and state laws determining whether power belongs to national government or the states and settling controversies between citizens of different states judges are appointed by president and senate approves congress has power to create inferior lower courts to change the jurisdiction of the federal courts to add or subtract federal judges and even to change the size of the supreme court supreme court assumed the power of judicial review the power of the courts to declare actions of the legislative and executive branches invalid or unconstitutional the supreme court asserted this power in Marbury vs Madison National Unity and Power reciprocity among states establishes that each state must give full faith and credit to official acts of other states and guarantees citizens of any state the privileges and immunities of every other state framers concern with national supremacy was also expressed in the supremacy clause supremacy clause states that all laws passed by the national government and all treaties are the supreme laws of the land and superior to all laws adopted by any state or any subdivision keep states from dealing separately with foreign nations and all officials have to take an oath to support the constitution National Supremacy the constitution and national law are the supreme law of the land and cannot be overruled by state law Amending the Constitution procedures requires twothirds approval in congress and threefourths adoption by the state could also be amended by a constitutional Ratifying the Constitution the constitution became effective when approved by nine states this provision actually violated the lawful procedure for constitutional change incorporated in the AofC it adopted a ninestate rule in place of the unanimity among the states required by the AofC provided that ratification would occur in special state conventions called for that purpose rather than in the state legislatures Constitutional Limits on the National Government s Power framers wanted to guard the people against the national government misusing their power the framers incorporated two key principles into the constitution separation of powers the division of government power among several institutions that must cooperate in decision making Montesquieu believed that this balance was an indispensable defense against tyranny not mentioned directly in constitution but articles 123 had it built in 1 three separate branches of government 2 different methods of selecting the top personnel so each branch is responsible for different constituency this was so that each person in government could develop their own interests and outlooks on how to govern 3 checks and balances the mechanisms through which each branch of government is able to participate in and influence the activities of the other branches example is presidents veto and power of senate to approve highlevel presidential appointments federalism the system of government in which a constitution divides power between a central government and regional governments devised a system of two sovereigns the state and the nation hoping that competition would be effective limitation on the power of both a third set of limitations was added to the constitution to help secure its ratification when opponents of the document charged that it paid insufficient attention to citizens rights Bill of Rights bill of rights the first 10 amendments to the US constitution ensures certain rights and liberties to the people The Fight for Ratification federalists those who favored a strong national government and supported the constitution proposed at the american constitutional convention of 1787 federalist papers hamilton madison jay property owners creditors merchants believes that elites were best fit to govern antifederalists those who favored strong state governments and a weak national government and who were opponents of the constitution proposed at the american constitutional convention of 1878 wanted bill of rights to protect against government small farmers frontiersmen debtors believed that government should be closer to the people feared concentrate of power in the hands of the elites New Hampshire was the 9th state to put constitution in effect Rhode Island was last again Changing the Framework Constitutional Amendment Amendments Many Are Called Few Are Chosen four routes of amendment 1 passage in house and senate by 23 vote then ratification by majority vote of the legislatures of 34 of the states 2 passage in house and senate by 23 vote then ratification by conventions called for the purpose in 34 of the states 3 passage in a national convention called by congress in response to petitions by 23 of the states ratification by majority vote of the legislatures of 34 of the states 4 passage in national convention as in route 3 then ratification by conventions called for the purpose in 34 of the states The TwentySeven Amendments all but two of the 27 are about the structure of the government purpose of bill of rights was to give each os the three branches clearer and more restricted boundanes 1 congress s turf limits on congress 234 limits on executive branch limits on the executive 5678 defining judicial branch protecting citizens against arbitrary exercise of government power limits on the courts 5 from 1791 on are about expansion of electorate limits on national government Does the Constitution Work principles of government the constitution established are federalism civil liberties checks and balances To Whose Benefit the constitutions longevity did not confer permanent advantage on any one set of economic or social forces who used to benefit is not who benefits now To What Ends iberty does not guarantee that everyone will be equal it does however reduce the threat of inequality limitation is that the idea of limits on the government action can also inhibit effective government Chapter 3 Federalism and the Separation of Powers federalism limit government by dividing it into two levels national and state separation of powers seeks to limit the power of the national government by dividing government against itself gt federalism limits national power by creating two sovereigns the national government and the state government gt under dual federalism which lasted from 1789 to 1937 the national government limited itself primarily to promoting commerce while the states directly coerced citizens gt after 1937 the national government exerted more influence yet the states maintained many of their traditional powers gt checks and balances ensure the sharing of power among separate institutions of government within the system of separated powers the framers of the constitution provided for legislative supremacy Federalism the system of government in which a constitution divides power between a central government and a regional government Federalism in the Constitution the powers of the national government 17 powers include collect tax coin money declare war blah and implied powers implied powers to make all laws which shall be necessary and proper for carrying into execution the foregoing powers the powers of state government reserved powers reserved powers to the states 10th amendment powers that are not national governments and are not denied from the states are the states eminent domain the right of the government to take private property for public use with reasonable compensate awarded for the property concurrent powers authority possessed by both state and national governments such as the power to levy taxes states obligations to one another intended to promote national unity because by requiring the states to recognize actions and decisions taken in other stats as legal and proper the framers aimed to make the states less like independent countries and more like parts of a single nation full faith and credit clause constitution requiring that each state normally honors the public acts and judicial decisions that take place in another state also promoting national unity is the comity clause privileges and immunities clause a state cannot discriminate against someone from another state or give its own residents special privileges interstate compact clause no state shall without the consent of congress enter into any agreement or compact with another state local government and the constitution home rule the power delegated by the state to a local unit of government to manage its own affairs most states amended their own constitutions to give larger cities home rule the slow growth of the national governments powers america used to have dual federalism dual federalism system of government that prevailed in the US from 1789 to 1937 in which most fundamental governmental powers were shared between the federal and state governments with the states exercising the most important powers McCulloch vs Maryland Maryland attempts to tax the bank Gibbons vs Ogden new york granting a monopoly to steamboat company the issue was the commerce clause commerce clause delegates to congress the power to regulate commerce with forge in nations and among the several states and with the indian tribes this clause was interpreted by the supreme court to favor national power over the economy Hammer vs Dagenhart shut down interstate shipment of goods manufactured with the use of child labor cooperative federalism and grantinaid system that prevailed after the 1930s was cooperative federalism cooperative federalism a type of federalism existing since the new deal era in which grants in aid have been used strategically to encourage states and localities without commanding them to pursue nationally defined goals also known as intergovernmental cooperation comes in form of federal subsidizations grants in aid grantsinaid a general term for funds given by congress to state and local governments categorica grantsinaid funds given by congress to states and localities that are earmarked by law for specific categories such as education or crime prevention project grants many categoral grants are this grants programs in which state and local governments submit proposals to federal agencies and for which funding is provided on a competitive basis reguated federalism and national standards we now have regulated federalism reguated federalism a form of federalism in which congress imposes legislation on the states and localities requiring them to meet national standards unfunded mandates national standards or programs imposed on state and local governments by the federal government without accompanying funding or reimbursement the supreme court as referee supreme court used 10th amendment to strike down laws that exceeded national power states rights the principle that states should oppose increasing authority of the national government this view was most popular before the civil war state sovereign immunity a legal doctrine holding that states cannot be sued for violating an act of congress united states vs lopez congress struck down federal law banning handguns near schools the separation of powers checks and balances each branch of government interacts with every other branch egisative supremacy the preeminent position assigned to congress by the constitution made the provision of checks and balances in the other two branches important the power play between the president and congress is especially intense during periods of divided government condition in american government in which the presidency is controlled by one party while the opposing party controls one or both houses of congress the power play between the president and congress is especially intense during periods of divided government divided government when one party controls the white house and another controls capital hill the role of the supreme court role of judicial branch in the separation of powers has depended on the power of judicial review power not in constitution the court has been more deferential towards the president since the New Deal period Chapter 4 Civil Liberties and Civil Rights civil liberties the protections of citizens from improper governmental actions negatives civil rights the legal or moral claims that citizens are entitled to make on the government they are obligations to guarantee equal citizenship and to protect citizens from discrimination Dred Scott vs Sanford former slave was not a citizen under Missouri law gt civil liberties are rules that limit the governments authority to interfere in certain spheres of activity such as free speech and religion gt civil rights curb the power of majorities to exclude or harm individuals based on factors such as race gender or ethnicity gt todays conceptions of civil liberties and civil rights have been shaped by their historical development and their interpretation by key political actors especially the Supreme Court Civil Liberties Nationalizing the Bill of Rights do the remaining amendments besides the first of the bill of rights put limits on state governments or only on the national government Barron vs Baltimore sand and gravel ruining Barron39s wharf so he said violation of 5th amendment which is property but Maryland didn39t have a law saying it wasn39t ok Duel Citizenship Barron vs Baltimore confirmed dual citizenship dual citizen each american was a citizen of the national government and separately a citizen of one of the states bill of rights did not apply to state governments The 14th Amendment to nationalize the bill of rights by nationalizing the definition of citizenship The Constitutional Revolution in Civil Liberties signs of change in the constitutional framework came after 1954 brown vs board of education court found state segregation laws for schools unconstitutional strict scrutiny the most stringent standard of judicial review of a governments actions in which the government must show that the law serves a compelling state interest Gideon vs Wainwright expanded the 14th amendment established the right to counsel in a criminal trial Mapp vs Ohio evidence obtained in violation of the 14th ban on unreasonable searches and seizures would be excluded from trial exclusionary rule the ability of courts to exclude evidence obtained in violation of the 14th amendment Miranda arrested people need to be informed of the right to remain silent The Bill of Rights Today the general status of civil liberties can never be considered fixed and permanent The First Amendment and Freedom of Religion separation between church and state he establishment clause and the idea of regarding the establishment of religion could be interpreted in several possible ways establishment clause congress shall make no law resecting an establishment of religion law means that a wall of separation exists between church and state government is prohibited from establishing an official church government cant take religious sides but they can help religious institutions wall of separation Lemon vs Kurtzman supreme court established criteria to guide future cases the Lemon test the lemon test governmental action in respect to religion is permissible if it is secular in purpose does not lead to excessive entanglement religion and neither promotes nor inhibits the practice of religion Van rden Perry McCreary39 vs ACLU free exercise of religion free exercise clause protects the right to believe an practice whatever religion one chooses city of borne case The First end ment and Freedom of Speech and the Press politiical speech p0liticgtal SPEECh is proteted the courts participation of wealthy persons and corporations in political campaigns buckley valeo limits on campaign sending mcconnell federal electio commission tedoral election commission Wisconsin rig ht to life avis vs federal elections commission cltizens united federal election commission symbolic speech speech plus and the rig ms of and petition united vs o brien burning of the american flag is a symbol of retest thats unconstitutional speech plus speech accompanied activities such as picketing and demonstrations protecting of form of speech underthe first amendment is conditional and restrictions imposed by state or local authorities are acceptable if properly balanced by consid erations of public order freedom of the press exception ofquot the b roacast media federal regulation the is protected under the doctrine rohibiting prior restraint prior restraint an effort by a government agency to block the publication of material it deems libelous or harmful in some other way censorship in the the courts forbid prior restraint except under the most extraordinary circumstances neair vs minr iESOta rlibel slanden obscenity and porn ibe a written statement made in reckless disregard of the truth and considered damaging to a victim because it is malicious scandalous and defamatory an oral statement made in reckless disregard of the truth and considered damaging to a victim because it is malicious scandalous and defamatory fighting words and hate speech speech can also lose its protected position when it moves toward the sphere of action fighting words speech that directly incites damaging conduct RAV vs city of stpau commercial speech such as newspapers or television advertising does not have full 1st amendment protection because it cannot be considered political speech The Second Amendment and the Right to Bear Arms purpose is the provision for militias they were to be the back up of the government for the maintenance of local public order district of columbia vs heller mcdonald vs chicago Rights of the Criminally Accused due process of law proceeding according to law and with adequate protection for individual rights the fourth amendment and searches and seizures guarantees the security of citizens against unreasonable searches and seizures exclusionary rule the firth amendment right to have a grand jury to determine whether a trial is warranted grand jury a jury that determines whether sufficient evidence is available to justify a trial grand juries do not rule on the accused guilt or innocence protection from double jeopardy taking clause citizens protection against the taking of private property without just compensation the sixth amendment and the right to counsel freeing defendants who seem to the public to be patently guilty as charged right to a speedy trial and right to confront witnesses Gideon vs Wainwright escobedo vs illinois the eighth amendment and cruel and unusual punishment prohibits excessive bail excessive fines cruel and unusual punishment The Right of Privacy the right to be left alone which has been interpreted by the supreme court to entail individual access to birth control and abortions Griswold case Roe vs Wade woman39s right to seek an abortion and prohibited states from making abortion a criminal act Civil Rights rules the government must follow with regard to the treatment of individuals when collective decisions are made The struggle for Voting Rights restrictions on voting because of religion and property were easily taken care of women39s suffrage National Woman Suffrage Association had effort to amend the US constitution to allow women to vote 1919 congress made the 19th amendment to grant woman right to vote right to vote for black americans 15th gives blacks right to vote but it wasn39t followed out smith vs allwright asserted the power of the federal government to intervene in the states conduct of elections in order to protect the voting rights of blacks gomillion vs lightfoot shelby county vs holder Racial Discrimination after the 14th Amendment equal protection clause 14th amendment guarantees citizens the equal protection of the laws this clause has served as the basis for the civil rights of african americans women and other groups plessy vs ferguson separate but equal court said the 14th was not violated by racial distinction as long as the law applied to both races equally separate but equal the doctrine that public accommodations could be segregated by race but still be equal challenging separate but equal brown vs board of education withdrew all constitutional authority to use race as a criterion of exclusion de jure segregation racial segregation that is direct result of law or official policy de facto segregation racial segregation that is not a direct result of law or government policy but is instead a reflection of residential patterns income distributions or other social factors shelley vs kraemer Opportunity in Education americans believe that everyone should have an equal chance to succeed in life desegregation of schools and women s education franklin vs gwinnett country public schools The Politics of Rights outawing discrimination in employment ledbetter vs goodyear tire and rubber women and gender discrimination national organization for women picketed the equal employment opportunity commission intermediate scrutiny test used by the supreme court in gender discrimination cases intermediate scrutiny places the burden of proof partially on the government and partially on the challengers to show that the law in question is constitutional Ja nos mendez vs westminster asian americans united states vs wong kim ark immigrants americans with disabilities gay men and lesbians dont ask dont tell policy allowed gay men and lesbians to serve in the military as long as they did not openly proclaim their sexual orientation or engage in homo activity bowers vs hardwick romer vs evans lawerence vs texas Affirmative Action goal of affirmative action affirmative action a policy or program designed to redress historic injustices committed against specific groups by making special efforts to provide members of these groups with access to educational and employment opportunities the supreme court and the burden of proof do wee need to know this university stuff Chapter 5 Congress The First Branch the power of force and the power over money gt congress is the most important representative institution in american government gt constituents hold their representatives to account through elections gt the legislative process is driven by numerous political forces political parties committees staffs caucuses rules of lawmaking and the president gt congress also makes the law before a bill can become law it must pass through the legislative process a complex set of procedures Representation each member s primary responsibility is to the district not to congress constituency the district making up the area from which an official is elected some legislators see themselves as being elected to do the bidding of those who sent them to the legislature acting like delegates delegate a representative who votes according to the preference of his or her constituency others see themselves as being elected by fellow citizens to do what they think is right trustees a representative who votes based on what he or she thinks is best for his or her constituency political representatives as our agents agency representation type of representation according to which representatives are held accountable to their constituents if they fail to represent them properly that is constituents have the power to hire and fire their representatives House and Senate Differences in Representation the senate is more deliberative the forum in which any and all ideas can receive a thorough public airing the house is the more centralized and organized better equipped to play a role in the routine governmental process differences between house and senate The Electoral System three factors affect Who gets elect and What he does once in office who decides to run for office and which candidates have an edge over others advantage incumbents have in winning ryee39lecrion the congressional district lines are drawn running for office i ndiVidual ambition whether he or she can attract enough money to mount a camsign incumbency holding the political office for which one running opportunity legislators have to serve on legislative committees casework an effort by members of congress to gain the trust and support of constituents providing person senices one impertant type is helping constituents obtain favorable treatment from the federal bureaucracy atronage resources available to higher fficials usually opportunities to make partisan appointments quotto offices and to confer licenses or special favor to supporters one of the most i m portant forms of patronage pork barrel legislation the appropriations made by legislative bodies for local projects that often are not needed but are created so that local representatives can their home district in the next election rccngressio nal districts every 10 years state legislatures redraw ngressional districts to reflect poulaticn changes redrawing congress ional districts is a highly political process in most states districts are shaped to create an advantage for the majority party in the state legislature gerrymanderinzg can have an effect on the outcome of congressional elections gerrymandering the apportionment of voters in districts in such a way as to give unfair advantage to one political party The Organization of Conress political parties committee system congressional the and the parliamentary rules of the house and senate play key roles in the organization of congress and the process through which congress formulates and enacts Party Leadership and Organization in the House and the Senate every 2 years at the beginning of a new congress members of each party gather to elect their house leader party caucus nominally closed meeting of a political or legislative group to select candidates or leaders plan strategy or make decisions regarding legislative matters republirgtans call it a party conference winner is the speaker of the house seaker of the house chief presiding officer of the house of representatiVes the speaker elected at the beginning of every congress on a straight party vote he or he is the most important party and house leader also elects majority leader and minority leader majority leader the elected leader of the party holding a majority of the seats in the house of representatives or in the senate in the house the majority leader bord inate in the party hierarchy to the speaker minority leader the elected leader of the party holding less than a majority of the seats in the house or senate The Committee System no committee system is congress second organizational structure more a division and specialization of labor than the hierarchy of power that determines leadership arrangements 1 officials rules give each standing committee a permanent status standing committee a permanent legislative committee that considers legislation within designed subject area the basic unit of deliberation in the house and the senate the jurisdiction of standing committee defined rd ing to the meet matter of basic legislation cmmittees are organized to receive proposals for legislation and t grocess them into official bills standing committees jurisdictions usually parallel those of the major departments 0f agencies in the executive branch exceptions but the division of labor is selfconsciously designed to parallel executive branch organization 4 bills are assigned to standing committees on the basis of subject matter each standing committee is unique traditionally reach standing committee hierarchy based on seniority seniority the priority or status ran king given to an individual on the basis of length of continuous service on a co nal committee The Staff System Staffers and Agencies revery member of rose employs a large number of staff members tasks include handling constituency requests dealing with Iegfislatfive details and overseeing the activities of administrative agencies formulating proposals organizing hearings administrative agencies negotiating with lo by isxts Informal Organization The uCuses ru noffi cial organization structure is the caucuses legislative service organizations are groups of senators and representatives who share certain o inions interests or social characteristics seek39 to advance the interests of groiu by promoting legislation encouraging congress to hold hearings and pressing administrate agencies for favorable treatment Rules of Lawrnaking How Bill Becomes a Law Committee Deliberation has quotto be submitted officially a senator or rep to a clerk of the hOUse or senate and refereed to a committee for deliberation once bill a39ssigned to committee in the house then it has the rules committee supporters of bill want closed rule the rovlsion by the house rulesoommittee that prohibits the introduction of amendments during debate opponents of bill want pen rule the provision by the house rules committee that permits floor debate and the addition of amendments to a bill Debate fiibuster a tactic used by membe of the senate to prevent action on legislation they oppose CO nt inuously holding the floor and speaking until the majority down once given the floor senators have unlimited time to spea an it requires a cloture vote of of the senate to end filibuster cloture a rule allowing super majority of quotthe members of a legislative body set time limit on debate over a given bill Conference Committee Reconciling House and Senate Version of a Bill confererice committee a jcint committee created to work out a Com promise on house and senate version of a piece of legislation if differences cannot be wr k ed our passing the revised version back and forth after the bill is in the conference it has to go into the housesenate conference where both chambers have to approve Presidential Action pass it or the bill veto the presidents constitutional power to turn down acts of congress Within 10 of their passage while congress is in session a residential vet may be ver ridden by a two thirds vote of each noose of congress poo ket vetox a veto that quotis effect when congress adjourns during the time a president has to approve a bill and the president takes no action on it How Congress Decides outside influence legislators constituency and interest groups iriside influence party leadership congressional colleagues and the president Constituency leg is laters are more likely to be influenced their constitu policy views Interest Groups interest groups that have some connection to constituents in particular members districts interest groups mobilize voters and contribute campaign finance and convey information informational lobbying Party Discipline party leaders have a good deal of influence Over the behavior of their party me mbers rpa rty vote a rollcall vote in the house or senate in at least 50 of the members of one party take a articular osition and are opposed at least 50 perfect of the members of the other party party votes are common today than they were in the nineteenth century rolI Call votes votes in which each legislators yes or no vote is recorded party unity greater in the house than senate arty divisins are based on ideology and backgrund piart39y leaders have some resources committee assignments access to the floor whip system logrolli ng presidency whig system a communications network in each house of whips poll the membership to learn their intentions on specific issues and assist the majority and minority leaders in various tasks logrolling a legislative practice Wherein reciprocal agreements are made between legislators usually in voting for or against a bill in contrast to bargaining Iogrolling unites parties that nothing in common but their destre to exchange support Weighing Diverse Influences r egislators influenced by other legislators external and internal influences historical moment Beyond Legislation Additional Congressional Powers Oversight the effort by congress throug h hearings i nvestigatlo and other techniques to exercise control over the activities of executive agencies I I I I overseez or su pervise how the executive brrach carries out legislation Advice and Consent peoial enate Powers IVthe resident can make treaties and appoint executive officers BUT only with the consent of the senate for treaties and majority for appointments ents try and take senate opposition and go to executive agree with quotforeign powers instead of treaties executive agreement an agreement between the president and another Country that had the force of a treaty but oes not require the senates advice and conse nt Impeachment has power to impeach over the president impeachment the arging of governmental official with treason bribery or other h crimes and misdemeanors and bringing him or her before congress to determine uilt mouse acts like a jury Does Congress Work distributive tendency the tendency song to spread the benefits of a policy over a Wide range of members districts haptier The Presidency rp reSivdential power generally seem to increase during times of war gt the constitution endows the president with a limited number of expressed powers other presidential powers are delegated congress or claimed presidents Without specific statutory authority gt si the 1930 the presidency has been the dominant branch of american government gt ontomorary presidents have also increased the power of the executive branch through ad miniatrative strategies that often allow them to achieve policy goals witho ut Gong roseional approval The Constitutional Origins and Powers 6f the Presidency EXpressed Powers he powers enumerated in the constitution that are ranted to the federal government military judicial diplomatic executive and legislative i li tary commander in chief the power of the resident as commander of the national military and the state national guard units icial provides the power to reprieves and pardons for offenses against the unites states except in of impeachment diplomatic provides the power to receive ambassadors and other public ministers executive agreement an agreement between the resident and another country that had the force of a treaty but does not rehire the senates advice and consent executive the president quotto see to it that all the are faithfully executed gives the chief executive the power to appoint remove and supervise all executive officers and to appoint all federal judges executive priVilege the claim that confidential communications between a president an the presidents close advisers should not be revealed without the cnsent of the preside nt islati ve give the president the power to participate authoritatively in the legislative process all the veto powers lineitem veto the power of the executive to veto specific provisions of a bill passed the legislatures Delegated owers const39itutironal powers assigned to one governmental agency but exercise by another agency with the express permission of the first powers giiVen to president by congress l n hereint Powers powers claimed a president that are not expressed in the COnistitution but are inferred from it often used during times of war or emergency War owears resolution a resolution of congress declaring that the resident can send troops into action abroad only by authorization of congress or if troops are already under attack or seriously threatened leggislative initiative the presidents inherent power quotto bring a legislative agenda before congress executive order a rule or regulation issued the president that has the effect and formal status of legislation The Rise of Presidential Government The Legislative Epoch 158001 1 so few men became presidents early on because there was only occasional rom for greatness in such a weak office rrIres idencgjy strengthened in the 1830s because of the national convention system of nominating presidential candidates real turn point the administration frank lin d rooseve It The Deal and the residency many at the programs were extensions of the traditional national government approach rstarted becoming involved in economics beca use of great epression works prgress administration put peole back to work social security act help the elderly turning point national labor relations board vs tones and I aughlin steel corporation national labo r relations act and wag ner act prohibited corporations from interfering with the efforts of employees to engage in unifGn activities responsibilities were put on the executive branch Presidential Government Fotr39mal Resources of residential Power cabinet the white house staff executive office of the president and the vice presidency cabinet the secretaries or chief adminigstratorts of the major departments of the federal government cabinet secretaries are appointed the president with the consent ofthe senate some presidents rely on the inner cabinet which quotis the national security council national security council a residential freign policy advisory council comprising the president the vice president the secretaries of state defense and the treasury the attorney general and other officials invited by the president The Contemporary of Presidential tower presidents can expa nd their power in three party popular mobilization and administration going ubl ic presidents may use popular appeals to create a of support that will allow them to subordinate their political quotfoes presidents use media and reach out to the public to gain approval more used The Administrative State presidents have increased the administrative capabilities of their office in two important ways first they have sought to increase white house control over the federal bureaucracy second they have expanded the role of the executive orders and other instruments of direct presidential governance administrate strategy ents have tried to increase their influence through bureaucratic appointments and regulatory review reg ulatory review the offlCe of management and budget function of reviewing all agency regulations and other rule making before they become official policy signing statements an announcement made the president when a bill is signed into law Chapter 7 The Executive ranch gt the bureaucracy is necessary forthe maintenance of order in a large society gt the size of the federal bureaucracy is large but has not been growing faster than the economy or the population as a whole gt by implementing the law and policies passed by elected ffi ci als bureaucrats can be seen agents of congress and the presidency as in principalagent relationship the agent delegated authority and has a certain amount of leeway for independent action gt bureaucrats have their own goals and thus exercise their own influence on policy congressional committees use oversight to ma ke the bureaucracy accountable How Does Bureaucracy r bu reaugtcracyi the complex structures of offices tasks rules and rinoiples of organization that are employed all large scale institutions to coordinate the work of quottheir personnel administration more general all the human beings mtg ht rationally coordinate their efforts to achieve a common goal Bureaucratic Organization Enhances EffiC ienCy core of bureaucracy is the division of labor r effepctiiveneiss is the coordination f experts erforming complex tasks ureaucracies AI low Governments to perate dividi up matching to a labor force that develops appropriately specialized skills rcutinizlinzg procedures and providing the incentive structure and oversight arrangem ents to 991 large numbers of people to Operate in a coordinated purposeful way bureaucracies accomplish tasks and missions in a manner that would otherwise be quotimpossible BUreaUCrats Fulfill Important Roles bureaucrats implement lem entatio n the effortquot of departments and encies to translate laws into specific bureaucratic routines bUreaucrats make and enforce rules rbureaucrats settle disputes bureauorats serve politicians How the Executive Branch Organized cabinet departments agencies and bureaus are the operating parts of the bureaucratic whole can be separated into 4 types cabinet departments independent agencies government Cogrporations and independent regulatory commissions Clientele Agencies department or bureau of government whose mission is to promote serve or represents particular interest Agencies of Mainte nia nee of the Union agencies of control of the sources of government revenue agencies for so ntrol of co nd rd efi ned as a threat to internal national security agencies for defending ameriean security form external threats most powerful the treasury justice defense state and homeland security Regulatory Agenciee department bureau or independent agency whose prime mission is to eliminate or restrict certain behaviors defined as genitive in themselves or negatives in their consequences rules made by them are administrative legislation Agencies of Redistribution welfare fiscal and monetary agencies are responsible for the transfer of lots of money annually between the public and the private aspects through such transfers these agencies influe nee pee pile and cerpe rations spend and invest lots of money fiscal and menetaryi government activity affecting or relating to money may be p rtioned into federal reserve system system of 12 federal reserve banks that facilitates exchanges of checks and credit regulates member banks and monetary policies to inflation and d eflatien The Problem of Bureaucratic central quotour pm blem now is the Challenge Of keeping the bureaucracy accountable to elected political autherities Motivational Considerations of ureaucrats The Bureaucracy and the Principal Agent Problem burjeaucriatiC drift the oft Observed phenomenen of bureaucratic implementation that preduees policy more to the linking of the bureaucracy than faithful to the original 39intension cf the legislation that created it but without triggering apolitical reactien fr m elected officials The President Manager inCh ief oversight the effort by CQn39gre Ss through hearings investigations and ether tech niques t0 exercise Control over the activities of executive agencies 39Congressional Oversight and lnce ntives Referming the Bureaugracy L39na cna39 government big but the federal service has not been reliving any fasterthan the economy or seciety L b ureaucracy keeps Dace With our sectier because learnt operate the control many things Termination only way to reduce size of the bureaucracy is to eliminate programs deregulation the poliCy of reduaing or eliminati regulatory restraints on the conduct of individuals or private institutions Devolution th39e peliCy at removing a program from cane level of geternment delegating it or passing it down to a lower level as from the national government to the state and local governments Privatization aet of moving all or Part of a Pregram from the public Sector to the private Seer haptezr 3 The Federal co gt the power of judicial review makes the supreme court not just a judicial agency but also a major lawmaking body judicial decisions are highly constrained by the in the form of common law and precedents but everyquot decision also contributes to the evolution of the law gt the cou minting their independence from the legiiislature and executive because federal judges are appomted for life and are not elected independence allows the ocurts to act a check on the democratically chosen branches of government The Court court pesos proceed under categories criminal law the branch of law that deals with disputes or actions involving criminal penalties civi39 law a system of j ur isprudence including private law and governmental actions for settling disputes that do not involve criminal penalties precedents prior cases whose principles are used byijljudges as the bases for theirquot in present cases public law cases involving the action of public agencies or officials Types of Courts trial court the first court to hear a criminal or civil rcourt appeals 1 a court that hears the appeals of trialcourt decisions supreme court the highest court in a particular state or in the united states this court rimarily serves an appellate function Federal Jurisdiction jfurisdiotion the domain over h an institution or member of an institution has authority geogiraphy is not the only basis for federal court jurisdiction rdecisions in the highest courts could be appealed to the supreme court d urea process proceeding according to law and With adequate protection for indi vidual rights writ of habeas corpus a ecu rt Order demanding that an individual in Ousted be 9in ht i nto court and shown the cause for d etentio n guaranteed by the constitution Federal Trial Courts cases involving federal treaties with other nations or the constitution Iifke in the state that courts as assigned due to Workload procedures same as states but more strict Federal Appellate Courts de ned SUbj eCt matter not geographical jurisdiction decisions made by The ap39eals court are final The Supreme Court hest court r chief justice and other justices chief juStiCje the justice on the supreme court who presides over the courts public sessions rrnrthingj says how many justices there should be but the courts surrender to roosevelt the quot switch in time that saved nine How Judges are Apointed presiid ent appoints federal judges senatorial courtesy the practice wrheirteby the president before formally nominating a person fora federal district judgeshi p finds out whether the senators from the candidates state support the nomination once the president has nominated individual the person is considered by quotthe senate judiciary committee and has to be confirmed by a majority vote in quotthe full senate Judicial Review the or the ocurts to declare actions of the legislate and executive brancnes invalid or unconst ituti onal the supreme court asserts in marbury vs mad ison marbury madison marbury sued secretary of state madi son for mad isons failure to complete marburys appointment to a lower judgeship that had been initiated by the outgoing administration of adams unconstitutional Judicial Review of Acts of Congress quotEmstimtb39 does 01 give the supreme ecu rt the newer ofiudiciai review2 of congressional enactments Judicial Review of State of Actions supreme court to review state legislation or other state action and to cleterm ine if good or bad is not granted supremacy clause states that all laws passed by the national government and all treaties are the Supreme or the land and super iOr to all laws adopted by state or subdivision biut congress gave preme court ower to reverse state constitution and laws whenever they are in conflict with the us constitution federal laws or treaties Judicial Review of Federal Actions I I congress cant administer all the programs it enacted so it delegates power to the president and to a bureaucracy to achieve purpose Judicial Review and Presidential Power ef ederal courts are called onto review the actions of the president Judicial Review and Lawmaking jfudg as developed a body of rules and principles of interpretation that are not grounded in specific statues common law The Supreme Co urt in Action checks and balances to make sure the legislative and executive branches don t abuse power operates as an institution unto itself with own internal rules quotfor d ecision ma king How Cases 39each the Supreme COurt Icaises between the and one of the states r cases involving two or more states involving foreign ambassadors or other ministers brought by one state against citizens of another state or against a foreign country rules of or controversy standing mootness or controverSy39 the case before a com must be an actual controversy ripeness a case that is ready for litigation an oes not depend on hypothetical future events standing the right of an individUal or an organization to initiate a coun mootness a criterion used courts to avoid h39earingcases that no longer require resolution rnost cases th e upreme so on reaches go through a writ of co rtiorari a formal request an appellant to have the supreme ocurt review a decision of a lower court quotits latin for to make more certai nquotquot Controlling the Flow of Cases The Role of the Solicitor General ri f any one person greater influence than the individual justices over the work of the supreme courtquot it is the solicitor general third in status in the justice department 39top defense lawyer exercises strong influence by screening cases involving the federal government enter a case without federal government amious CUriael friend of the court individual or group that not a party to a lawsuit but seeks to assist the court in reaching a decision by presenting an additional brief The Supreme Procedures the preparation attorneys prepare briefs written document in which an attorney explains using case precedents Why a court should rule in favor of his or her client oral argument t he stage in supreme court proceedings in which attorneys for oth side appear before the court to present their positions and answer questions posed by the justices the CQr t fErer tce secret majority vote i all justice o inion writing one of the members of the majority is to write the opinions written eXplanation of the supreme courts decision in a particular case can write a concurrence to explain why they disagree an opinion agreeing with the deciSlon of the majority but not with the rationale provided in the majority opinion rrd39issent who disagree the majority decision of the court may choose to publicize the character of their disagreement in the torm of a dissenting opinion a decision written a justice who voted with the minority opinion in a particular in which the justices fully explain the reasoning behind his or her opinion Judicial Decision Making rim pact can be intense and it depends on factors reated to the individual member of the supreme court their attitudes and their relationships with one another supreme court justices if any individual judges influence the federal judiciary they are the supreme court jus ces activism and restraint judicial restraint judicial philosophy shoe adherents refuse to go beyond the text of the constitution in interpreting its meaning judicial activism judicial philosophy that posits that the court should see beyond the text of the constitution or a statute to consider broader societal implications for its decisions political ideology ibera or conservative attitudes of justices play a role in their decisions congress courts rule on the fitfulness of the legislated and executed policy either to the substance of the statute or to the constitution itself president presidents typically nominate judges who they believe are close to their policy preferences and lose enough to the preference of majority of senators who must confirm the nomination How Powerful is the Judiciary classaction suit a lawsuit in which a large number of persons with common interests join together under a representative party to bring or defend a lawsuit as when hundreds of workers join together to sue a company Chapter 9 Public Opinion and the Media gt public opinion is the aggregation of individual views it expresses the range of attitudes and beliefs and on which side of any question a majority of people fall gt there are a wide range of interests at stake in any question that the government must decide as well as differing preferences beliefs and opinions about what ought to be done gt politicians follow public opinion as part of the representative process they take signals from polls and other indicators of public sentiment to gauge whether a particular decision might affect their prospects at the next election gt the media are an important influence in shaping public opinion What is Public Opinion public opinion citizens attitudes about political issues personalities institutions and events Origins and Nature of Public Opinion Foundations of Preferences self interest values about what is right and what is wrong and the process of socialization self interest individuals want government to take actions that will benefit them economically or in terms of their overall wellbeing values individuals have values about what is right and wrong and these values affect their preferences about government policies socialization individuals learn opinions and attitudes from their family their friends their teachers religious leaders and others in their social groups or networks Political Ideology most americans describe themselves as conservative or liberal iberal supports political and social reform governmental intervention in the economy the expansion of federal social services more vigorous efforts on behalf of the poor minoritieswoman and a greater concern for consumers and the environment conservative one who generally supports the social and economic status quo and is suspicious of efforts to introduce new political formulae and economic arrangements many conservatives believe that a large and powerful government poses a threat to citizens freedom ibertarian expand liberty above all other principles and wish to minimize government intervention in the economy and society these include beliefs about role of government ideas about public policies and notions about which groups in society should properly exercise power Identity Politics individuals identify with groups racial religious gender policies that are beneficial to the group as a whole are viewed as good and those that are harmful to the group are viewed as bad political identities are distinctive characteristics or group associations that individuals have blacks democrats Iatinos democrats woman democrats men republicans catholics democrats mormons republicans more likely to vote for someone from your location Knowledge and Instability in Public Opinion Political Knowledge and Democracy rationality principle suggests that many people should more profitably devote their personal resources time to more narrowly personal matters Instability in Opinion Shaping Opinion Political Leaders Private Groups and the Media Government and Political Leaders political leaders try to present their initiatives and accomplishments in a positive light and to generate positive media coverage claims are often messed up by the media interest groups and opposing forces in government Private Groups interest groups work to draw attention to issues and ideas that will further their cause The Media the mass media are americans main source of information about government and politics they influence opinion by bringing attention to particular issues priming the public to take a certain view of a political actor and framing issues and events in a certain way The Media as an Institution Types of Media broadcast media print media the internet Regulation of the Media broadcast media equal time rule requirement that broadcasters provide candidates for the same political office an equal opportunity to communicate their messages to the public right of rebuttal an FCC regulation giving individuals the right to have the opportunity to respond to personal attacks made on a radio or tv fairness doctrine an FCC requirement that broadcasters who air programs on controversial issues provide time for opposing views freedom of the press prior restraint effort by a government agency to block the publication of material it deems libelous or harmful in some other way censorship in the us the courts forbid prior restraint except under the most extraordinary circumstances Sources of Media lnfluence agenda setting effect the power to bring attention to particular issues and problems priming the process of preparing the public to take a particular view of an event or a political actor framing the power of the media to influence how events and issues are interpreted
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