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American Government Laws and Institutions

by: Destinee Reichel

American Government Laws and Institutions PSCI 1040

Marketplace > University of North Texas > Political Science > PSCI 1040 > American Government Laws and Institutions
Destinee Reichel
GPA 3.64

Paul Collins Jr

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Paul Collins Jr
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This 31 page Class Notes was uploaded by Destinee Reichel on Sunday October 25, 2015. The Class Notes belongs to PSCI 1040 at University of North Texas taught by Paul Collins Jr in Fall. Since its upload, it has received 6 views. For similar materials see /class/229174/psci-1040-university-of-north-texas in Political Science at University of North Texas.


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Date Created: 10/25/15
0 Politics 0 O O o O 0 Definition 1 the making of common decisions by some group of people that involve the exercise of power by some group of members over others criminal justice system Definition 2 who gets what when how Ex Cash for clunkers trading cars for more efficient gas mileage Definition 3 the institutions and processes through which public policies are made for society branches Governments typically provide services collect taxes and maintain order I Schools I Garbage pickup I Roads I Protection I General social welfare services I Establish and enforce norms of behavior Many Americans frustrated with government Healthy attitude I Because government has the ability to coerce it is natural to distrust and fear it I So why have governments I Do we really need them Types of government Tyranny power vested in single ruler who rules in his or her interests Cuba Monarchy power is vested in a single ruler who rules in the interests of the populace Englandish Oligarchy power is vested in hands of small number of individuals who rule in the interests of themselves south Africa Aristocracy power is vested in the hands of a small number of individuals who rule in the interests of the populace Democracy system in which governmental power is widely shared among the citizens usually through free and open elections I Equality in voting I Citizen control of the agenda Direct democracy ordinary people are the government and making all laws themselves New England town meetings Representative democracy form of indirect democracy in which the people choose representatives I Delegate style type of representative democracy in which ordinary citizens participate actively and closely constrain the actions of public officials I Trustee style citizens play more passive role choose representatives but do not tell them what to do Characteristics of American democracy I Personal liberty freedom from interference from the government civil liberties and freedom to act free from governmental discrimination Political equality one person one vote I Popular consent governments draw a power from consent of the governed I Majority rule 50 1 carries the dayusually 0 But also provisions to protect the minority I Popular sovereignty the right of the majority to govern themselves I Individualism o Theories of democracy I Pluralism politics is maily a competition among groups where the public interests will prevail I Elite and class theory groups with money will have power and influence groups are not equal I Hyperpluralism groups are TOO strong and dominate all politics weakens democracy 0 Elections are plentiful I More elections than other countries 0 1 elected official for every 500 Americans I National elections 0 Held every 2 years 0 Determine the winner of presidential ticket 100 senators and 435 members of the House of Representatives I State elections 0 Choose governor state legislature and most elect lieutenant governor treasurer state s attorney general etc I Local elections 0 3000 county sheriffs 90 of nations 16000 school boards I Judicial elections 0 Americans elect more than 1000 state judges and about 15000 county municipal and other local judges and officers of the court 0 Types of elections I Primary election that narrows the number of candidates by determining who will be the nominees in the general election I General final election that selects the office holder I Initiative proposed laws or state constitutional amendments placed on the ballot via citizen petition I Referendum proposed laws or state constitutional amendment that is proposed by a legislature or city council but does not go into effect unless the required majority of voters approve it Proposition shorthand reference to an initiative or a referendum may enable citizens to bypass overrule elected officials o Electoral college 0 Each state accorded one electoral vote for each of its senators and representatives O O O O O O I 23rd amendment grants electors to DC College generally operates to magnify the victory margin in an election because the winnertakesall in each state I Exception Nebraska and Maine allocate votes by congressional district When you vote it goes to the electoral college Electoral votes are senators and house reps Designed to prevent too much majoritarian democracy by ensuring that only a select elite actually elect a president Increases quotvaluequot of votes in more populous states I Campaign time attention and money focused on the states with the most votes I States with fewer people and few electoral votes may be ignored during the campaign If theres a tie house of reps chooses president by majority vote If no majority 3 parties I Five candidates with most votes run I Each state gets 1 vote I Majority of all states is necessary for the win What if electoral college doesn t reflect the popular vote Judicial compromise 0 000 Most delegates agreed on need for a Supreme Court Did not agree on need for lower courts Compromise left it to Congress to decide Judicial review controversial as well I Supremacy Clause 0 Says the constitution is the llsupreme law of the land Dispute resolution 0 0 Who would arbiter disputes between the central government and those of the states Supremacy Clause I Power is now in the hands of Supreme Court and lower federal courts Amending the constitution 0 Two ways from article V I Congress 23 majority of both houses doesn t require pres Signature I The states 23 majority of state legislatures can call a Constitutional Convention I Either way it takes a 5A majority of state legislatures or state ratifying conventions to pass a constitutional amendment Four basic principles of founders O Republicanism power resides in the people and is exercised via their elected representatives Federalism division of power between a central government and regional units with all power vested in the people 0 Separation of powers assignment of lawmaking lawenforcing and lawinterpreting functions of government to independent branches 0 Checks and balances provision of some scrutiny and control to each branch of every other branch 0 Federalists v antifederalists o Federalists I Alexander Hamilton I James Madison I John Jay 0 Antifederalists I Patrick Henry I James Monroe I George Clinton 0 The fight I Focus Ratification of the Constitution I Federalist Position strong and efficient central government I Antifederalist position devolution of power to the states 0 Biggest Obstacle I No bill of rights I Bill of rights 0 First eight or 10 amendments 0 Puts limits on the power of government 0 Evaluating the constitution I Criticisms 0 Powers of the supreme court poorly defined 0 Electoral college does not always seem to work 0 Other issues poorly defined vaguely expressed 0 Falls short of expressing contemporary democratic ideals relating to basic freedoms o Shortfalls related to the need for ratification o Slavery voting rules win support of white male propertied population I Achievements 0 Created unified nation capable of defending itself 0 Facilitated the country s economic development 0 Outlawing separate state currencies o Outlawed state tariffs 0 Created a presidency that was first filled by Washington Federalism o The federalists Fearful of repeating the mistakes of the Articles of Confederation Favored strong centralized government 000 Favored ratification of the Constitution 0 Folks like Hamilton and Madison and John Jay 0 The AntiFederalists o Fearful of centralized authority as experienced under the Crown 0 Favored devolution of authority to the states 0 Leery of ratifying the Constitution as is o Folks like Patrick Henry James Monroe George Clinton 0 Definitions 0 Federalism division of power between one general government and a series of sub national governments I Canada US Mexico Germany India 0 Confederalism power is retained by subnational units I US under Articles European Union 0 Unitary system under which all authority is held under a single government I Great Britain Japan Poland Spain relations between state and local governments in the US 0 Federalism defined in the US the distribution of power between a central authority the federal government and the constituent units the states 0 Constitutional powers of the national Government 0 Wage war 0 Control over foreign affairs 0 Raise armies 0 Control interstate commerce 0 Coin money 0 Plus necessary and proper clause when congress is fulfilling enumerated duties they can pass other laws that help them fulfill duties 0 Constitutional powers of state government 0 Reserved powers from 10 h amendment I Crime control I Marriage I Education I Control of local governments I Concurrent power to tax and spend 0 Powers denied to both levels of government 0 Safeguards on individual rights 0 Bill of Rights 0 Federal government obligations to states 0 Territorial integrity 0 Representation in congress 0 Protection against foreign and domestic violence 0 Voice in presidential elections 0 Voice in constitutional amendment process 0 Federalism dual sovereignty 0 Both the national and state governments have final authority over their own policy domains 0 Has led to conflict 0 Dual federalism o A distribution of power between the federal government and the state governments that enhances the power of the latter at the expense of the former seeing the states as coequal sovereigns with the federal government o Aka Layer Cake Federalism because states do what states do and fed government does what fed government does and there shouldn t be interaction between the two 0 Constitution as a contract between the states and the federal government 0 Enhanced state government authority states coequal 0 Relationship controlled by the 10 h amendment 0 Cooperative Federalism o A distribution of power between the federal government and the state governments that enhances the power of the former at the expense of the latter seeing the states as inde endent entities in their internal 39 but still subordinate to the federal government 0 aka marble cake federalism because a lot of interaction between states and federal o constitution as a contract between the people and the federal government 0 enhanced federal government authority 0 relationship controlled by the supremacy clause article 6 o Conservatives Dual 0 promoting diversity by letting states have more power 0 allowing them to experiment and compete 0 Liberals cooperative 0 states are not ready willing or able to provide for the needs of their citizens or to protect the rights of citizens 0 National government should be protector of the people sometimes against abuse from the states 0 Results oriented federalism 0 Using principles of federalism to achieve policy gains 0 Bush v Gore 2000 I Policy who should be president 0 Liberal for Gore 0 Conservative for Bush I Federalism who should decide how ballots are counted 0 Liberal for Bush the federal government 0 Conservative for Gore state governments I Voting blocks Majority for Bush Rehnquist Kennedy O Connor Scalia Thomas all republicans Minority for Gore Ginsburg Breyer both democrats Stevens Souter republicans o The doctrinal cycle of federalism in supreme court 0 McCulloch v Maryland 1819 I Does Maryland have the authority under the 10 h Amendment to tax a national bank 0 Supreme court ruled NO 0 Ruled this way because of the supremacy clause 0 Example of cooperative federalism 0 Hammer v Dagenhart 1918 I Does the Child Labor Act which prohibits interstate shipping of any product of a factory that uses child labor violate the 10 h amendment 0 Yes regulation of production of goods was reserved by the 10 h amendment to the states Production was not commerce it s a state issue and thus outside the power of congress to regulate 0 Example of dual federalism 0 US v Darby Lumber I Does the Fair Labor Standards Act which prosecutes those who try to engage in interstate commerce of goods produced in violation of minimum labor standards violate the 10 h amendment 0 No they enlarged the scope of the commerce clause to include production 0 Overturned Hammer v Dagenhart 0 Clear example of Cooperative federalism o Printz v US I does the Brady Handgun Violence Act which mandates that localities had to do background checks impermissibly infringe on state authority under the 10 h amendment 0 Yes congress can regulate gun ownership via the commerce clause but can t coopt state authorities 0 Back to dual federalism 0 Congressional tools used to control the states 0 Financial Aid I Very important to states and local governments I Began in 1910s expanded in 30s and 60s I Federal money given to promote worth causes 0 Child nutrition programs 0 Disaster relief 0 Public housing I Categorical Grant 0 A grant made under narrow specific program guidelines that carefully spell out such matters as eligibility requirements program time frames and intended beneficiaries I Formula Grants 0 A noncompetitive grant based on a predetermined formula typically based on such factors as population or per capita income I Project Grant 0 A competitive between states grant to accomplish a specified goal and awarded based on applicants demonstrated ability to contribute toward that goal I Block Grant 0 Money given by the national government to the state or local government with few to no restrictions as to its use 0 Preemption non financial I The power to enact laws that result in the national government assume total or partial responsibility for state governmental function 0 Total preemption take all power from states copyright laws air travel 0 Partial preemption state law is valid as long as it doesn t conflict with federal law 0 Standard partial preemption states can regulate an area that the federal government is regulating as long as state regulations meet federal regulations environmental regulations 0 Mandates nonfinancial I Requirement that a state undertake an activity or provide a service imposed by the national government which may or may not be accompanied by funding to support that activity or service 0 Speed limits 0 Drinking age I Unfunded mandates 0 Requirements of mandates that do not include provisions for reimbursement 0 Environmental issues 0 Horizontal federalism relationships between states 0 Full faith and credit clause I Article 4 section 1 I Insures that states recognize other states legal instruments Texas drivers license are valid in other states legal documents 0 Privileges and immunities clause I Article 4 section 2 I States don t discriminate against people from other states everyone in Texas pays the same tax no matter where you re from o Extradition I When a felon leaves a state the governor will try to send the felon back to get tried in the right state 0 Constitutionalism o A wellconstructed constitution should I Be brief I Grant authority to specific institutions I Provide orderly change Different Texas constitutions throughout time 0 Texas constitution in comparative perspective 0 Us constitution I Brief 7000 words and amended only 27 times I Flexible document seen as a living constitution 0 Texas constitution I 90000 words and continually amended I Restrictive document I Compilation of detailed statutory provisions Republic of Texas constitution 18361845 0 Declaration of Independence in 1836 0 Constitution very similar to the US constitution except that it guaranteed slavery and the free importation of slaves Statehood Constitution 18451861 0 Initially denied statehood because of slavery o 28 h state admitted into the union 0 Added section on education and an expanded Bill of Rights 0 Civil War Constitution 18611866 0 Secession ordinance was approved by popular vote 0 Declared allegiance to the Confederacy 0 Greater protection of slavery 0 Reconstruction Constitution 18661869 0 Declared secession illegal o Abolished slavery 0 Never went into effect 0 Created lots of controversy within the state of Texas Radical Reconstruction 18691876 0 Radical Republicans were unsatisfied by minimal changes taking place in Texas 0 Supporters of the Confederacy were banned from voting 0 Centralized state government Constitutional Convention of 1875 0 Draft written as an extreme reaction to the real and perceived abuses of deeply despised Radical Republicans o Majority of delegates were Democrats who opposed quotbig government State of Texas 1876present o Undid everything done during Reconstruction 0 Limited power of quotbigquot government and led to a weak decentralized state government 0 One of the most restrictive Bill of rights 0 Located at the beginning of Article 1 0 Many are similar to those protected in the US bill of rights 0 Meant to protect Texans from both the federal and state governments Legislative branch 0 Legislature I Bicameral with House and Senate I Nonprofessional legislature meets every other year for 140 days I Constitution is very specific about bills amendments and procedures which limits legislative powers Executive branch 0 Governor is the Chief Executive I Veto power 0 Plural executive I Power is dispersed among separately elected governor lutenant governor attorney general comptroller etc Judicial branch 0 Six different types of courts 0 All judges are elected o Dispersed power of court only in Texas and Oklahoma I A high civil court Texas supreme court I A high criminal court court of criminal appeals Amendments 0 quotamendments beget amendments Proposal must have 23rds of all members elected in each chamber Ratification must receive a simple majority of citizens in a popular election 000 Fourth most amended constitution I 476 amendments Summary o 1876 Texas constitution I Provides for a weak central government I Outlines government powers specifically I Designed to limit the impact of government on the lives of individual Texans Presidency 0 Term length 0 4year term 0 Originally no limit on number of terms I Limited to 2 terms by 22nd amendment 0 Office of vice president 0 Created in article 2 0 First in line of succession 0 President of Senate 0 Requirements for office 0 Natural born citizen 0 35 years of age 0 Resident 14 years 0 Commander in chief o llthe president shall be Commander in Chief of the Army and Navy of the United States and of the militia of the several States when called into the actual servicequot 0 Founders had difficulty giving one individual control over the military 0 Settled on checking the president s powers by making it so ONLY CONGRESS can declare war 0 The war powers act o In 1973 congress had sought to carve out new authority for itselg by approving this act over Nixon s veto o Requires the president to inform congress within 48 hours of committing troops abroad in military action 0 Moreover themilitary action must end within 60 days unless congress provides an extension 0 The two presidencies wildavsky o Founders designed a presidency that gave the executive substantial resources for coordinating national responses during emergencies o The President is viewed as the voice of the nation in foreign affairs particularly during crises 0 Congress pretty much stops at the water s edge 0 Diplomatic tools 0 Treatymaking authority 0 Executive agreements 0 Authority to appoint ambassadors 0 Authority to receive foreign ambassadors o Treatymaking authority 0 Make treaties with 23rd majority approval by the Senate I Note 23rd majority is a type of super majority 0 To bypass senatorial approval executive agreement 0 Executive agreement 0 An agreement between the president and one or more other countries Similar to a treaty but unlike a treaty doesn t require senatorial approval 0 A way for president to engage in foreign diplomacy without Senate approval 0 Pardon authority 0 llthe presidentshall have power to grant reprieves and pardons for offences against the United States except in cases of Impeachmentquot o Implied powers 0 Executive privilege I The prerogative of the president to decline to supply the other branches of government with information regarding his activities I United States v Nixon 1974 0 Supreme Court ruled there is no absolute unqualified executive privilege o Nixon must turn over the recorded tapes 0 Executive immunity I The protection against the legal processes of other branches related to conduct in his official capacity as president I Can t sue the president for things he does as president 0 president as crisis manager 0 Americans look immediately to the president under circumstances of crisis to provide assurances comfort and where appropriate a plan of action 0 Symbolic leader 0 Serves as a unifying symbol for the country I Helps the country celebrate after success Role of president in legislative branch 0 Presidential influence on public policy 0 Presidents cannot directly make laws 0 Can have a strong influence on public policy I Executive order 0 A presidential directive to an executive agency establishing new policies or indicating how and existing policy is to be carried out 0 Used executive order to desegregate army 0 Used to get around republican control of Congress I Veto authority 0 Congress In session 0 Sign bill gt bill becomes law 0 Ignore bill gt bill becomes law 0 Veto bill gt bill does not become law 0 Congress not in session 0 Ignore bill gt bill does not become law I Known as pocket veto I Line item veto no longer has this power 0 Presidential authority to negate particular provisions in a law 0 Idea is to trim spending bills 0 Congress granted this power in 1996 0 Supreme court struck it down in 1998 because it violates the separation of powers doctrine 0 Clinton et al v New York City et al 0 Key consideration I Divided government 0 The situation in which the president s opposition party controls either or both legislative chambers I Gridlock o A legislative lltraf fic jamquot in which the legislative process is slowed of stalled Frequently precipitated by divided government 0 Presidential tools 0 Veto bargaining I A process of negotiation between the president and Congress in which the president uses the implicit andor explicit threat of his veto authority to exert pressure on Congress I The treat of a veto 0 Going public I President will put pressure on legislative opponents by public relations I President tries to persuade voters then voters try to persuade Congress I State of the Union Address 0 The president llshall from time to time give to the congress information of the State of the Union 0 Made it an opportunity to gain support I Bully pulpit o The idea that the president can use his status to persuade the public to support policy 0 Fireside chats FDR 0 Appointment authority I Appointment of o Ambassadors O O O 0 Judges 0 Cabinet The formal group of presidential advisers who head the major O departments and agencies of the federal government Members are selected by the president by require senatorial approvalS 0 Secretary head of department within the executive branch With confirmation by simple majority vote in Senate Kitchen cabinet Budget formulation No money should be drawn from the treasury but in Consequence of Appropriations made by lawquot President has responsibility to prepare an annual national budget The institutionalized presidency o In 1937 the president s 39 on 39 39 39 39 U concluded that the president needs help 0 2 years later the executive office of the president was born Executive office of the president Typically ten agencies that together with the White House Office make up the EOP They work primarily with the president and his White House staff rather than with each other They perform classic staff functions 0 Gathering information o Maintaining the organization of the Executive Office itself Office of management and budget Responsible for 0 Creation of the annual federal budget 0 Monitoring agency performance 0 Compiling recommendations from the departments on enrolled bills bills that have been passed in identical form in both chambers of Congress 0 Administering central clearance White house office Grown in numbers and complexity What began as a small informal group ofaides has grown into a large compartmentalized multi layered bureaucracy The chief of staff heads up the WHO and relatively clear lines of authority flow from that position Review Independent Regulatory Agencies 0 Designed to maximize independence 0 Run by boards of commissioners 0 Members selected by president with senatorial approval 0 Removable only for cause 0 Examples 0 Consumer Product Safety Commission 0 Federal Communications Commission Government corporations 0 Businesses established by Congress 0 Activities could be handled by a private firm 0 Typically run by a CEO under the supervision of a board of directors 0 Examples 0 Federal Deposit Insurance Corporation 0 US Postal Service Bureaucratic Policymaking 0 Agencies have broad discretion 0 Administrative Discretion the ability of bureaucrats to make choices concerning 0 The exercise of discretion 0 Via rule making I Published for public comment in the Federal Register 0 Such rules have the force of law 0 Too much discretion 0 Congress vague in policy directives 0 Why I Difficult to envision every scenario I Lack of congressional expertise 0 Too little discretion 0 Myriad rules inflexibility Implementation 0 The process by which a law or policy is put into operation by the bureaucracy o Translating congressional legislation into action 0 Regulations allow for Implementation 0 Agencies develop regulations 0 Regulations are a set of rules that guide employees of the agency in carrying out programs or services 0 Regulations have the rule of law after they are published in the Federal Register 0 Federal Register 0 Journal that publishes draft regulations that implement a federal program 0 New Legislation can Change the Bureaucracy 0 Laws that are passed by Congress often include the development or modification of existing federal programs or services 0 Key concepts Example 1935 Social Security Act 0 Iron triangles Mutual relationship between congressional committee administrative agency and organized interests concerned with a particular Each benefits the other to achieve its own goals They help each other out Clientele Agency 0 Executive departments directed by law to foster and promote the interests of a specific segment or group in the US population 0 Examples department of agriculture department of labor 0 Issue Networks A loose informal and highly variable web of relationships among representatives of various interests who are involved in a particular area of public policy 0 controls on the Bureaucracy 0 key concept principal Agent Theory 0 agencies entrusted in executing the will of congress o 2 difficulties Adverse selection 0 Concern that congress will pick people that can t do the job at hand Moral hazard o Worry about these people doing whatever they want to do 0 Agency problem Bureaucrat seeks to maximize budget Leads to systematic over production of bureau goods and services The principal politician wants to control costs but faces an llagency problem The only reliable information on the costs of the bureau comes from the bureau itself The Agency Problem is why there are controls on the Bureaucracy by Congress and the President 0 Congressional tools 0 Indirect oversight tools Agencies are created and can be abolished by Congress Congressional input on who is hired for the agency 0 Senatorial Courtesy 0 Direct oversight tools I Hearings and investigations 0 Conducted by committees and subcommittees 0 May compel testimony of agency officials to explain themselves 0 May invite critics of agency action to testify o Mandatory reports I Congress may require agencies to report on aspects of their programs I May be part of legislation authorizing continued existence of the agency 0 Committee reports I Reports instructing agencies about how Congress wants something done I Not legally binding can t be fined or arrested 0 Congress has power to take positions away and Bureaucracies away so they should follow rules 0 Inspectors General I An independent office in every agency I Charged with o Auditing agency books 0 Investigating activities on behalf of Congress GAO general accounting office and CEO congressional budget office 0 GAO responsibilities 0 I Track money spent by agencies I Review policy implementation 0 C30 Responsibilities I Provide economic expertise to Congress I Conduct oversight studies 0 Presidential tools 0 Indirect oversight I Presidential input into staffing 0 Direct oversight tools I Executive orders 0 Rules issued by the president that have effect of law behind them I Office of management and Budget 0 Oversees agency budgets and rule making 0 Assembles annual budget at behest of president Deregulation or regulation regulation is the government giving funds to corporations 0 Regulation 0 Grows the bureaucracy 0 Supported by many democratsliberals 0 Federal standards o Deregulation o Shrinks bureaucracy 0 Supported by republicansconservatives 0 Freedom of the market and states to regulate themselves 0 What is regulation good for o Maintaining competition I Strong firms will push out less efficient firms I It results in domination by a few businesses 0 Policing Natural Monopolies I Arises from conditions within market instead of government interventions I Ex Telephone When first emerged only one company handled it Government thought it was in best interest to help regulate so that it s useful to everyone 0 Reducing Externalities I Cost imposed on persons not party to a contract or transaction I Ex Air pollution To keep cost down we used cheap fuels but it cause pollution Government had to step in to tell them how much pollution was allowed 0 Problems with regulation 0 Inefficiency I Hard to find balance between profits of company and reasonable corporate behavior I Ex Banks food companies Want them to make money but also don t want them to hurt us or bamboozle us 0 Higher prices I Restriction of competition may ultimately result in driving prices up 0 Foreign competition I Foreign countries might not require firms to meet the same requirements I Results may be price advantage to nonUS firms 0 Unfair advantage for established firms I Firms that are powerful and wellrepresented may be advantaged in the regulation process 0 Deregulation is the solution 0 Championed by conservatives who prefer less regulation 0 Benefits I Lower prices and new services I Ex New phone companies pop up for competition airfare o Drawbacks I Eventual decline in service I Example airline delayslost luggageprices 0 Why do bureaucracies grow 0 Growing need as government grows so does bureaucracy I Ex Oil Crisis of the 1970s led to establishment of the Department of Energy 0 Growing demand political pressures from interest groups I Ex Interest groups were crucial in the formation of the EPA o Bureaucratic growth 0 Overall bureaucracies want to grow All agencies want to preserve themselves 0 Growth can lead to waste 0 The Department of Commerce gave Honolulu City 28000 to study how to spend 250000 for a good surfing beach Office of Education spent 220000 to develop a curriculum to teach college students how to watch television 0 o The National Institute on Alcohol Abuse spent millions of dollars to find out if drunk fish were more aggressive than sober fish 0 Why does the public hate the Bureaucracy 0 Trade offs I We like it cause it makes things efficient but it could be a pain in the ass I Ex To get drivers license go to DMV no choices same with postal service Texas Politics 0 Governor plus a hodgepodge of elected offices boards and appointive offices 0 Fear of concentration of power 0 Independent of the governor because they are separately elected o Elected executive officials 0 Governor 0 Lieutenant Governor legislative official with some administrative duties presides over Texas Senate 0 Attorney General orchestrate legal matters 0 Comptroller of Public Accounts tax admin 0 Commissioner of the General Land Office 0 Agricultural Commissioner does a lot more than just agriculture 0 Members of the Texas Railroad Commission deal with mineral rights 0 Members of the State Board of Education 0 Formal Requirements for Governor 0 US Citizen 0 30 years old 0 Resident of state of Texas for 5 years prior to Election Day I Make 115345year o Informal Requirements for Governor trends 0 AngloSaxon o Protestant 0 Male 0 Middleage 0 Family o Businessmanattorney o Historically conservative Democrat 0 Today conservative Republican 0 Terms and Tenure o 4 year term no term limit I Although most recent governors have served about 2 terms 0 Removal by Impeachment I Majority vote in the House I 23 vote to convict in the Senate 0 Succession I If for any reason the governor leaves office the Lt Governor becomes governor for the rest of the elected term 0 Governor s Powers of Influence o Veto overridden by 23 in both Houses I No pocket veto I Line item veto governor vetoes specific provisions from appropriations bill o Particularly effective in Texas where legislature is in session once every two year 0 So governor can veto spending items he does not like without legislature having an opportunity to respond I Veto threats 0 Call special sessions and determine the legislative subjects of each session I Legislature may consider appointments impeachment constitutional amendments without direction from Governor 0 Selected executive tools 0 Appointment powers limited by I Staggered terms of boards and commissions I Lists supplied by professional organizations 0 Removal of your own appointees powers with 23 Senate support can t remove appointees of previous Governors 0 Chief budget officer 0 Commander in chief of state militia usually after natural disasters I Head of Texas State and National Guards 0 Informal powers of Influence o Presession bargaining I Negotiate with legislators before session I With limited time for considering legislation may be a good option for all sides 0 Message power state of the state message 0 Intergovernmentaldiplomat o Bureaucracy in Texas 0 There is no single uniform organizational pattern Q There are no numerous I 39 to the quot 39 39 39 39 characteristic of hierarchy The number of state agencies depends on one s method of counting Implements policy Texas bureaucracy is decentralized Consists of 0000 I Single elected administrators I Appointed executives I Boards and commissions including elected ex officio and appointed boards 0 Examples Boards and Commissions 0 Texas Railroad Commission 3 I Regulates gas and oil activities and utilities I Elected by the people 0 University of Texas System 9 I Oversees and regulates the Universities within the UT system I Appointed by the governor Wade dabbsyahoocom Congress 0 Article 1 Section 1 o Creates a bicameral legislature I One senate 0 Composition 0 2 senators for every state 0 Requrirement 0 Minimum age 30 0 National citizenship minimum 9 years 0 State citizenship no minimum 0 Term 0 6 years 0 Originally Senators were chosen by state legislatures changed by 17 h Amendment 1913 I One House of Representatives 0 Composition 0 Number of representatives based on population 0 Requirements 0 Minimum age 25 0 National Citizenship Minimum 7 years 0 State citizenship no minimum 0 Term 0 2years Number of House Members grew until 1911 when was fixed at 435 Actual enumeration Census mandated at every ten years Originally population for representation base on free persons plus 35 of all other persons 0 Impeachment I House has power to impeach 0 Simple majority vote to impeach I Senate has power to try impeachments 0 23 super majority to convict I Impeachment of presidents 0 Andrew Johnson 0 Impeached in 1868 by the House acquitted in the Senate 0 Charges pardoning of traitors confederate soldiers impeding the ratification of 14 h amendment conspiring in the assassination of Lincoln 0 Bill Clinton 0 Impeached in 1999 by the House acquitted in the Senate 0 Started in search for real estate dealings Charged for perjury and obstruction ofjustice 0 Article 1 Section 4 0 States can regulate the time place and manner of all federal elections 0 Congress has established a single uniform date for all elections I llthe first Tuesday following the first Monday in Novemberquot 0 Article Section 6 0 Members protected against arrest for doing their job Can t be sued o No member can simultaneously work for another branch of government 0 Article 1 section 7 0 Revenue measures have to come from the House 0 Every bill has to be passed by both chambers in identical form before it is presented to the president for signature 0 Veto override requires 23 vote of both chambers Bills 0 Bill is subjected to committee hearings 0 Information gathering 0 To have a permanent public record 0 To put a human face on a problem 0 Who testifies 0 Interest groups Academic experts Members of Congress Executive branch officials 0000 Celebrities 0 Ordinary citizens Bill is marked up 0 Congressional committee session at which a bill is revised before being reported out to the floor Bill is reported out o The committee votes to report the bill to their chamber The chamber acts on the bill 0 Chamber debates the bill 0 Chamber votes 0 Conference committees are used if they are needed but they are used for the vast majority of important bills appropriations 0 Chamber votes again Remember 0 Bills have to be passed by the House and Senate in the exact same wording before being sent to the president Things to worry about in the Legislative process 0 Being killed in committee I Chair of committee has control of the agenda of the committee 0 Happens in both chambers 0 Formal way around the committee chair in the House is the discharge petition o If a majority of House of representatives agree they can bring an issue to the floor in the face of committee inaction I Hold 0 A senator asks to be informed before a particular bill is brought to the floor thereby preventing a bill from coming to the floor until the hold is removed 0 Stalling legislation without filibuster I Filibuster 0 Formal mechanism of halting action ofa bill by means of long speeches or unlimited debate in the senate 0 Today senator indicates that they re filibustering something and they don t have to stand behind the podium and talk 0 Cloture o A motion requiring 60 senators to cut off debate ie stop a filibuster I Nuclear option and reconciliation 0 Nuclear option a procedure by which the majority party in the US Senate attempts to end a filibuster by majority vote as opposed to coture requires a change in senate rules 0 Tries to end filibuster by simple majority o Reconciliation a parliamentary procedure that allows a majority of the senate to bypass a filibuster through budgetary means I Sign or veto 0 Sign 9 law 0 Veto o Overridden 9 law 0 Not overridden 9 not law 0 Other important congressional activity I Oversight of the federal bureaucracy the process of reviewing agency operations to determine whether an agency is carrying out Congressional policies Formal and informal norms 0 Formal norms 0 Rules Committee in the house to govern floor debate 0 Unanimous consent agreements in the Senate I Unanimous resolution in the Senate restricting debate and limiting amendments to bills on the floor 0 Informal norms 0 Members are to show respect for one another in their public deliberations I The norm of comity in the senate 0 Members of the congress are expected to be willing bargainers Legislature choice I Political parties 0 Party unity is not strong though it s rising 0 But still the best predictor of legislative choice I The president 0 The White House is heavily involved in legislation introducing bills 0 Lobbies Congress heavily o Veto threat I Constituents o The Electoral Connection 0 Every congressman wants to get reelected 0 Also want to be quotgoodquot representatives of their constituents back home I Interest groups 0 Source of information I Policy expertise I Communicate constituents interests 0 Enhanced influence if interest group active in member s district or state The dilemma of representation I Trustee model 0 Legislators should consider constituent opinion but must be free to vote according to their conscience I Delegate model 0 Legislators are dutybound to act in accordance with the majority view of their constituents I Politico Model 0 A mix of the two Texas Government 0 The legislature o Bicameral legislature I Senate upper chamber 0 31 members 0 Senators represent about 800000 Texans 0 4 year terms I House of Representatives Lower Chamber 0 150 members 0 Members represent about 167000 Texans o 2 year terms I How man senate lus house re resentatives uestion on the exam o E I meations and terms answer is all ofthe above 0 Senate 0 US citizen 0 Qualified voter o 26 years old 0 Residence in state for 5 years district for one year 0 Texas house 0 US citizen 0 Qualified voter o 21 years old 0 Residence in state for 2 years district for one year 0 An amateur legislature I quotcitizenlegislaturesquot I Meet for 140 days every other year Typical turnover rate of 2025 Low compensation 7200year same salary since 1975 Fringe benefits 132 per diem moves with inflation Travel reimbursements Retirement benefits after 12 years of service 0 Characteristics of legislatures 2010 Senate 0 61 republican 30 minority 20 women Age range 40s60s 14 different professions led by law and business 67 republican 30 minority 25 women Age range 20s70s 19 different professions led by law business ranching 0 Organization of Texas Legislature Presiding officers similar to US congress Speaker in House 0 Chosen from within the legislature by majority vote Lieutenant Governor in the Senate 0 Separately elected 0 Much more powerful than the leader of the US senate o Probably not It governor in the entire country is as powerful as the It governor in Texas Some Powers of presiding officers Appoint committee members committee chairs and refer bills to committees Schedule legislation for floor votes Recognize members on the floor for amendments etc Interpret procedural rules Overall power is centralized in hands of presiding officers in both chambers Committee system Similar to US Congress 0 Standing committees and subcommittees policy specific and permanent about 15 in Senate 40 in House 0 Ad hoc committees temporary 0 Conference committees o Interim committees meet when Legislature is not in session to organize things 0 Jurisdictions 0 Less clear than the US Congress 0 Due to large and changing of committees I How a bill becomes a law 0 Introduced in either House 0 Assign bill to a committee 0 Committees and sub committees hear and quotmark upquot bills sent to floor if majority support 0 Floor vote 0 Sent to other House to repeat these steps 0 Conference committee compromise bill 0 Final passage support from both Houses of compromise bill o Signed by Governor 0 Summary I Relatively easy to run for Texas legislature I Yet power of members is limited 0 Centralized in presiding officers 0 Amateur legislature intentional limits governmental power I Many similarities to US Congress 0 Committees 0 How a bill becomes a law Life science a304 57 0 Interest groups in the Legislature 0 Interest group I An organization of people that pursues its goals through political means 0 Lobbying 0 Interest group activities intended to influence decisions that public officials make 0 Lobbyist someone who engages in lobbying I Some are full time staff lobbyist large groups rent out lobbyists this person works half a day for one interest group and the other half for another one smaller interest groups 0 Direct lobbying I Meet with legislators to provide info regarding legislation and the groups perspective on the desirability of that legislation I Tying the legislation to the legislators constituents I Provide technical expertise o Drafting legislation I Interest groups draft legislation and attempt to convince members of Congress to introduce it on their behaves o Testifying at congressional committee hearings I Interest groups take positions for or against a particular bill or appointment being considered 0 Monitoring executive agencies I Ensuring that bureaucratic agencies that are implementing a policy consistent with congress intent I Police patrol 0 Congress monitors every program I Fire alarm most frequently used 0 Interest groups monitor programs and alert congress to rogue agencies 0 Members of congress rely on interest groups 0 Grassroots lobbying I Influence elected officials indirectly by mobilizing their constituents I New innovation grasstops lobbying 0 Interest group makes an ad featuring prominent local personality then plays the ad in the member s district 0 Electioneering and PACs I A way to affect the views of public officials generally is by influencing who gets elected I Political action committees 0 Organizations for raising and contributing campaign funds 0 Give instrumentally donating to the members of key committees regardless of party 0 Most PAC contributions small and intended to gain access to public officials 0 Limited to 5000 per candidate per election 0 Citizens United v Federal Election Commission 2010 I Supreme Court held that corporate and union funding of independent electioneering broadcasts was protected by the First Amendment 0 Effective lobbying I Credible I Prove facts not rhetoric I Don t burn bridges I Compromise I Create a dependency 0 Do groups influence congress I quotbuyingquot Access 0 Likely I quotbuyingquot elections 0 Improbable I quotbuyingquot votes 0 Sometimes but not likely most of the time I quotbuyingquot time and effort 0 Likely SI review sessions Wooten 312 1 oclock 57 life science a304 Review 0 Lt governor is presiding officer of congress in Texas 0 Vice president is presiding officer of congress in US 0 Constitutional requirements for holding office 0 Iron triangle 0 Relationship between congress the bureaucracy and interest groups 0 Each gives each other something and takes something from them 0 Interest groups provide support to bureaucracies so they might give them less regulation in exchange 0 Counter to an issue network 0 Hatch act 0 Limits political activity of federal government employees to stop them from political gain Congressional composition 0 Size 0 Who controls which house Politico 0 Trustee model I Constituents elect someone to vote in their best interest 0 Delegate model I Will vote exactly according to constituents o Politico is a combination of the two Why did the bureaucracy get as big as it did Limits of congressional power 0 Power to bestow titles of nobility 0 Restriction on the power to ban the import of slaves until 1808 o No ex post facto laws retroactive laws o Bills of attainder inflict punishment without judicial trial 0 Know partisan composition 0 Number of seats in house and congress at federal level 0 Number of seats in house and congress at the Texas level 0 Enumerated powers of congress 0 Lay taxes 0 Regulate foreign and domestic commerce 0 Coin money 0 Establish post offices 0 Declare war 0 Create a navy o How president influences congress o Bully pulpit I Using power of press to get country behind the president 0 Veto threats 0 Federal bureaucracy 0 Independent executive agency I Staffed by president I President can remove anyone in these agencies 0 Independent regulatory agency I Independent from the president I Members can only be removed for cause


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