Study Guide Pack: Federalist Papers, Catos Letters, Brutus Letters, and Notes
Study Guide Pack: Federalist Papers, Catos Letters, Brutus Letters, and Notes 2305
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POLS 1101 096
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This 15 page Study Guide was uploaded by Mubeen Hyder on Tuesday March 29, 2016. The Study Guide belongs to 2305 at University of Texas at Dallas taught by Brian Bearry in Spring 2016. Since its upload, it has received 231 views. For similar materials see American National Government in Political Science at University of Texas at Dallas.
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Date Created: 03/29/16
Article II & The Executive Power ● Executive tyranny biggest fear ● Federalist #70 & the nature of executive power (Hamilton Power) US Constitution creates executive power ● Vesting Clause the executive power shall be vested in the US ● Take Care Clause president “takes care” that a law is executed rightfully ● Appointments Clause gives president authority to appoint judges & executive officers Recess: when senate is not in session, president can make appointments without consent ● Inherent power/prerogative power authority of executive to act for the common good even if it means violating the law ● Delegated power power congress gives Provisions ● president/vice president terms (2 years) (4 years) ● Qualifications for office (35 years old, naturalized citizen, etc.) ● Electoral college filters out and chooses president ● Commander in chief president is chief (civil supreme) ● Treaty clause president has authority to negotiate treaties ● State of the Union president must give state of union address. (lay out legislative agendas, speeches, history, etc.) ● Pardon Power power to correct/right wrongs ● Standards for Impeachment high crimes & misdemeanors Inrenegle(1890) order by government to send bodyguards (has legal constitutional status) ● Unitary Executive Theory understanding that the presidency has absolute control of the executive branch ● Executive Office of the President (EOP) staff agency that supports president and their activities ● Cabinet head of all executive departments ● Presidential staff/advisors shows what kind of president we have (insight) ● Bureaucracy offices, tastes, & principles of organizations that are employed in formal & sustained administration & regulation That is, a bureaucracy is the institution through which government implements policy Modern assumption ● Modern bureaucracy both responsible and capable for reforming the american political order ● Based on Weber & scientific principles of management & organization that specialists can govern well through bureaucratic institutions by using science ● (in past) government was responsible for “public things” (enforcing police powers, economic policy, etc. ) that affect citizens ● Now bureaucracy (government) is an instrument to pursue justice ● Roots of modern bureaucratic government found in progressive movement of late 19th and early 20th centuries ● Held that separation of power, federalism, and checks/balances impeded bureaucratic control of policy us/state constitution is outdated Law & policy should be public opinion and implemented etached executive Bureaucracy pursue policy ● Social welfare ● Public works ● Economic management & business regulation ● conservation Characteristics of bureaucratic organizations ● Division of labor workers with special/high skills ● Allocation of functions each task assigned, monitored, and reviewed ● Allocation of responsibilities each task assumed to personal responsibility ● Supervision position monitor; for proper & efficient performance ● Organization Identity workers come to identify the organization as a “way of life” Criticisms ● Rulemaking unaccountable to democratic process ● Not accountable ● Selfperpetuating ● Too far removed ● Efficiency cannot be judged the general government is to be vested with authority to levy and collect taxes, duties, and excises the separate states have also power to impose taxes, duties, and excises, except that they cannot lay duties on exports and imports without the consent of Congress The conclusion therefore is inevitable, that the respective state governments will not have the power to raise one shilling in any way, but by the permission of the Congress. it will not be many years before they will have a revenue, and force, at their command, which will place them above any apprehensions on that score It was observed in my last number, that the power to lay and collect duties and excises, would invest the Congress with authority to impose a duty and excise on every necessary and convenience of life. and I have no doubt but a number on both sides are honest in their professions; and yet nothing is more certain than this, that to adopt this constitution, and not to adopt it, cannot both of them be promotive of the general welfare. It is absurd to say, that the power of Congress is limited by these general expressions "to provide for the common safety, and general welfare, To say, that "the circumstances that endanger the safety of nations are infinite,"" and from hence to infer, that all the sources of revenue in the states should be yielded to the general government “I PROCEED now to trace the real characters of the proposed Executive ” the executive authority, with few exceptions, is to be vested in a single magistrate The executive branch has a resemblance to the king of Great Britain we must conclude that a duration of FOUR years for the Chief Magistrate of the Union is a degree of permanency far less to be dreaded in that office, than a duration of THREE years for a corresponding office in a single State. The power of the President, in respect to pardons, would extend to all cases, EXCEPT THOSE OF IMPEACHMENT. the governor of New York may pardon in all cases, even in those of impeachment, except for treason and murder. The power of the governor>power of president? = main argument of letter Cato It is remarked by Montesquieu , in treating of republics, that in all magistracies, the greatness of the power must be compensated by the concise matter of duration, and that a longer time than a year would be dangerous Basically a power status over a year might be dangerous Though the president, during the sitting of the legislature, is assisted by the senate, yet he is without a constitutional council in their recess. He will therefore be unsupported by proper information and advice, and will generally be directed by minions and favorites, or a council of state will grow out of the principal officers of the great departments, the most dangerous council in a free country. The establishment of a vicepresident is as unnecessary as it is dangerous. This officer, for want of other employment, is made president of the senate, The president of the united states is very similar to the king of great britain CongresspdfNotes ● The U.S. Congress is the Legislature for the US Government ● Legislature makes laws ● obama care (health care) act was passed in a historical manner. Historical because 48 percent of americans opposed it. It is the first legislation that was passed more on political representation (democrats & republicans) instead of public support. ● The house of representatives actually (literally) passed a flawed senate reform bill ● Congress was basically transforming the process of lawmaking (negative path) ● When the declaration of independence was first signed, the 13 colonies were governed by veteran legislation assemblies ● The constitution basically created a stronger congress ● Article I of the Constitution creates Congress as the national legislature and it outlines the institution’s governing and political authority. Though the Constitution as a whole is based on the concept of popular sovereignty ● the principle that all political and governing power is derived from the consent of the people ● it is in the Congress where this concept is explicitly embodied 1. Congress bicameral 2. House of representatives represents the interest of the people 3. Senate represents state interests ● bicameralism creates two independent law making bodies that depend on each other in order for law to be made; in addition, bicameralism can be considered another “check” on government in that the House of representatives or Senate can stop, impede or modify legislation being considered by the other body. ● Bicameralism slows down the lawmaking process and forces politicians to consider other views and to compromise when drafting legislation ● Madison in Federalist #57 tells us that two year terms will keep a “leash” on the behavior of representatives by forcing members to be concerned with reelection every two years; that is by having to face frequent reelection ● the chamber has exclusive power to introduce tax statutes ● Senate has the right to add amendments to any such proposed legislation ● The vice president is the president of the senate. But he can't do anything unless the senate gets into a 50/50 tie with something ● The senate removes people from office, through trial. ● In federalist 65 alexander hamilton notes that impeachment is when a political official distorts public trust and confidence. It doesn't have to be because of a criminal offense ● Since the senate doesn’t represent the interest of the people, the senate has better judgement so they should conduct impeachment trials ● James Madison clarifies the history and discusses the controversy surrounding the language of the general welfare clause and he explains that the clause does not give Congress broad powers, but rather Congress’ Article I power is limited to the express powers created by the Convention to provide for the “common defence and general welfare of the United States ● appropriations clause which empowers Congress to authorize expenditures out of the nation’s treasury this is the cornerstone of Congress’ “ power of the purse ● Congress should have representatives that are Elected from that 84% of the American population this is called descriptive representation (also known as sociological representation ● Substantive representation (also known as Delegate Or Agency Representation ) Theory holds representatives are agents of voters And Should act according to the will of the electorate and owing to this Representatives Are dutY bound to act according to voters’ Wishes. Those who believe that representatives should do what is best for the country ( even if it Seems their activity may harm voters ) is known as Trustee representation ● Federalist Paper #57 assumes members of the House of Representatives will act according to substantive representation theory ● Federalist #57 also assumes descriptive representation too ● Reapportionment process of allocating house seats ● Redistricting fixing the bullshit that happened because of a house seat loss ● Gerrymandering is the process through which the political parties attempt to influence Redistricting so there is increased Likelihood party members will be elected to the House ● Incumbency allows members to gain experience and expertise in government. 1. Chief aid to the speaker majority leader 2. Other floor leaders party whips minority leader leads out of powerparty ● The Senate’s majority leader manages not only the majority party, but the position directs the legislative process and is leader of the Senate as a whole 3. Standing committees workhorse committees ● Selectspecial committees do what their name is. They do investigations and shit when they're needed. 4. Joint committees both house and senate ● Conference committee is a joint committee that gets together to write a mutually beneficial bill How a bill becomes a law 1. Laws begin as ideas. These ideas may come from a Representative—or from a citizen like you. Once a bill has a sponsor and the support of some of the Representatives, it is ready to be introduced. In the U.S. House of Representatives, a bill is introduced when it is placed in the hopper—a special box on the side of the clerk’s desk. Only Representatives can introduce bills in the U.S. House of Representatives. When a bill is introduced in the U.S. House of Representatives, a bill clerk assigns it a number that begins with H.R. A reading clerk then reads the bill to all the Representatives, and the Speaker of the House sends the bill to one of the House standing committees. When the bill reaches committee , the committee members—groups of Representatives who are experts on topics such as agriculture, education, or international relations—review, research, and revise the bill before voting on whether or not to send the bill back to theHouse floor If the committee members would like more information before deciding if the bill should be sent to the House floor, the bill is sent to a subcommittee. While in subcommittee, the bill is closely examined and expert opinions are gathered before it is sent back to the committee for approval. ● When the committee has approved a bill, it is sent—or reported—to the House floor. Once reported, a bill is ready to be debated by the U.S. House of Representatives. When a bill is debated, Representatives discuss the bill and explain why they agree or disagree with it. Then, a reading clerk reads the bill section by section and the Representatives recommend changes. When all changes have been made, the bill is ready to be voted on. There are three methods for voting on a bill in the U.S. House of Representatives: 1. Viva Voce (voice vote): The Speaker of the House asks the Representatives who support the bill to say “aye” and those that oppose it say “no.” 2. Division: The Speaker of the House asks those Representatives who support the bill to stand up and be counted, and then those who oppose the bill to stand up and be counted. 3. Recorded: Representatives record their vote using the electronic voting system. Representatives can vote yes, no, or present (if they don’t want to vote on the bill). If a majority of the Representatives say or select yes, the bill passes in the U.S. House of Representatives. The bill is then certified by the Clerk of the House and delivered to the U.S. Senate. The Bill Is Referred to the Senate When a bill reaches the U.S. Senate, it goes through many of the same steps 1. The bill is discussed in a Senate committee and then reported to the Senate floor to be voted on. 2. Senators vote by voice. Those who support the bill say “yea,” and those who oppose it say “nay.” 3. If a majority of the Senators say “yea,” the bill passes in the U.S. Senate and is ready to go to the President. The Bill Is Sent to the President When a bill reaches the President, he has three choices. He can: 1. Sign and pass the bill—the bill becomes a law. 2. Refuse to sign, or veto, the bill—the bill is sent back to the U.S. House of Representatives, along with the President’s reasons for the veto. If the U.S. House of Representatives and the U.S. Senate still believe the bill should become a law, they can hold another vote on the bill. If twothirds of the Representatives and Senators support the bill, the President’s veto is overridden and the bill becomes a law. 3. Do nothing (pocket veto)—if Congress is in session, the bill automatically becomes law after 10 days. If Congress is not in session, the bill does not become a law. The Bill Is a Law If a bill has passed in both the U.S. House of Representatives and the U.S. Senate and has been approved by the President, or if a presidential veto has been overridden, the bill becomes a law and is enforced by the government. Main idea: r epresentation by few for the benefit of many House of Representatives will be taken from that class of citizens which will have least sympathy with the mass of the people, and be most likely to aim at an ambitious sacrifice of the many to the aggrandizement of the few. Of all the objections which have been framed against the federal Constitution, this is perhaps the most extraordinary. The aim of every political constitution is, or ought to be, first to obtain for rulers men who possess most wisdom to discern, and most virtue to pursue, the common good of the society; and to take the most effectual precautions for keeping them virtuous while they hold public trust The elective mode of obtaining rulers is the characteristic policy of republican government The electors are to be the great body of the people of the United States. They are to be the same who exercise the right in every State of electing the corresponding branch of the legislature of the State. No qualification of wealth, of birth, of religious faith, or of civil profession is permitted to fetter the judgement or disappoint the inclination of the people 5 circumstances of the House of Representatives 1. they will have been distinguished by the preference of their fellowcitizens 2. they will enter into the public service under circumstances which cannot fail to produce a temporary affection at least to their constituents. 3. those ties which bind the representative to his constituents are strengthened by motives of a more selfish nature. 4. the House of Representatives is so constituted as to support in the members an habitual recollection of their dependence on the people. 5. restraining them from oppressive measures, that they can make no law which will not have its full operation on themselves and their friends, as well as on the great mass of the society. This has always been deemed one of the strongest bonds by which human policy can connect the rulers and the people together. Before the sentiments impressed on their minds by the mode of their elevation can be effaced by the exercise of power, they will be compelled to anticipate the moment when their power is to cease, when their exercise of it is to be reviewed, and when they must descend to the level from which they were raised The inevitable end of their term/power/office Is it supported by REASON? This cannot be said, without maintaining that five or six thousand citizens are less capable of choosing a fit representative, or more liable to be corrupted by an unfit one, than five or six hundred. Is the CONSEQUENCE from this doctrine admissible? If we say that five or six hundred citizens are as many as can jointly exercise their right of suffrage, must we not deprive the people of the immediate choice of their public servants, in every instance where the administration of the government does not require as many of them as will amount to one for that number of citizens? the whole city actually elects a SINGLE MEMBER for the executive council Federalist 78 judiciary; deals with the structure of courts Important consideration in appointing federal judges, and the length of their term in office. They should be appointed in the same way as other federal officers, which had been discussed before Constitution proposed that they should hold office " during good behaviour ," a provision to be found in the constitutions of almost all the states To perform its functions well, the judiciary had to remain "truly distinct" from both the legislative and executive branches of the government, and act as a check on both perplexity about the rights of the courts to declare a legislative act null and void if, in the court's opinion, it violated the Constitution. The courts had to regard the Constitution as fundamental law Brutus 11 deals with judiciary judicial power will operate to effect, in the most certain, but yet silent and unnoticeable manner The two most important powers committed to any government: raising money and raising and keeping up troops examination of the Senate. The heads into which this member of the government may be considered are: I. The qualification of senators; II. The appointment of them by the State legislatures; III. The equality of representation in the Senate; IV. The number of senators, and the term for which they are to be elected; V. The powers vested in the Senate. A senator must be thirty years of age at least; as a representative must be twentyfive. And the former must have been a citizen nine years; as seven years are required for the latter. It is equally unnecessary to dilate on the appointment of senators by the State legislatures The equality of representation in the Senate is another point, which, being evidently the result of compromise between the opposite pretensions of the large and the small States Under this alternative, the advice of prudence must be to embrace the lesser evil; and, instead of indulging a fruitless anticipation of the possible mischiefs which may ensue, to contemplate rather the advantageous consequences which may qualify the sacrifice. Another advantage accruing from this ingredient in the constitution of the Senate is, the additional impediment it must prove against improper acts of legislation The number of senators, and the duration of their appointment, come next. In order to form an accurate judgment on both of these points, it will be proper to inquire into the purposes which are to be answered by a senate; The senate’s purpose is to put a check on the other 2 bodies of government All that need be remarked is, that a body which is to correct this infirmity ought itself to be free from it, and consequently ought to be less numerous. It ought, moreover, to possess great firmness, and consequently ought to hold its authority by a tenure of considerable duration. Another defect to be supplied by a senate lies in a want of due acquaintance with the objects and principles of legislation. A good government implies two things: first, fidelity to the object of government, which is the happiness of the people; secondly, a knowledge of the means by which that object can be best attained The mutability in the public councils arising from a rapid succession of new members, however qualified they may be, points out, in the strongest manner, the necessity of some stable institution in the government. Every new election in the States is found to change one half of the representatives. Every new regulation concerning commerce or revenue, or in any way affecting the value of the different species of property, presents a new harvest to those who watch the change, and can trace its consequences; a harvest, reared not by themselves, but by the toils and cares of the great body of their fellowcitizens. This is a state of things in which it may be said with some truth that laws are made for the FEW, not for the MANY. In a word, no great improvement or laudable enterprise can go forward which requires the auspices of a steady system of national policy.
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