AP US Government & Politics Review Part IV

Institutions of National Government: The Congress, the presidency, the bureaucracy, and the federal courts (35-45%)

1. The major formal and informal institutional arrangements of power

2. Relationships among these four institutions

3. Links between these institutions and political parties, interest groups, the media, subnational governments, and public opinion

Congress: Intent of the Framers

1. Opposed to concentration of power in single institution

2. Bicameralism to balance large and small states

3. Expected Congress to be dominant institutionA. Congress was dominant over presidency until 20th century

(generally, with brief exceptions)

Who is in Congress?

1. House has become less male and less white; Senate has been slower to change

2. Incumbency: Membership in Congress has become a career—low turnover by 1950s

3. Most House districts are “safe” and not “marginal”

4. Senators less secure as incumbents than House members

5. Why do incumbents have such an advantage?

A. Media coverage

B. Name recognition

C. Franking privilege

D. Constituent services

E. Easier to raise campaign funds from PACs because of high re-election rates

Getting Elected

1. House members not originally elected from single-member districts; today they are, and under Baker v. Carr, each district must be of approximately the same size (one man, one vote)

2. Majority-minority districts: districts drawn to make it easier for minority citizens to elect a representative

A. Shaw v. Reno: SC says race can be a factor in congressional redistricting only if there is a “compelling state interest” in doing so—no definition of what that means

B. Majority-minority districts had to be re-drawn under this decision because “compelling state interest” standard was not met

Getting Elected, continued

1. Usually candidates need voter signatures to appear on primary ballot

2. Winner of primary election is on general-election ballot as the Democratic or Republican nominee

3. Incumbents almost always win in general election4. Result of election process: legislators are closely

tied to local concerns; party leaders have little influence in Congress because the members do not depend on the party to get elected

5. Members must decide how much to follow delegate model, and how much to follow trustee model

Do members represent their voters?

1. Representational view: members vote to please their constituents

A. Applies when constituents have a clear opinion and legislator’s vote is likely to attract attention

B. Even members who sometimes vote against constituents’ wishes on high-profile matters can get re-elected

2. Organizational view: when voters’ interests not at stake, members respond to cues from colleagues

A. Party is principal cue

3. Attitudinal view: member’s ideology determines his/her vote

Organization of Congress

1. Party organization of SenateA. President pro tempore presides (most senior member of

majority party), although usually other members of majority party take his place

B. Leaders: Majority Leader and Minority Leader, elected by their membership; Majority Leader schedules Senate business

C. Party Whips: count votes for Leadership

D. Policy Committees for each party: prioritize bills, work with Leadership on scheduling bills

E. Committee Assignments handled by Democratic Steering Committee or Republican Committee on Committees

Organization, continued

A. Assignments emphasize ideological and regional balanceB. Members want committees that handle bills related to major

concerns in their state (Kansas=Agriculture)

2. Party organization of HouseA. Speaker of House is leader of majority party and presides over

House; office is specified in Constitution1. Recognizes members to speak2. Rules on germaneness of motions3. Assigns bills to committees4. Appoints members of special and select committees

B. Majority and Minority leaders elected by membershipC. Party Whips: count votes for leadershipD. Committee assignments set by each party: Democratic Steering

and Policy Committee; Republican Committee on Committees

Organization, continued

3. Party UnityA. Party unity has fluctuated; strong again in 1990s

B. Why is party unity strong, when parties do not control legislators’ ability to get re-elected?

1. More ideological consistency within parties (members do not choose randomly to be Democrats or Republicans)

2. Members take cues from each other and make deals with each other

3. On many issues, members have little or no specific information and rely on party leadership to tell them how to vote (as well as staff)

Organization, continued

4. CaucusesA. Associations of members created to advocate a political ideology

or regional or ethnic interest

B. Steel Caucus, Black Caucus, Hispanic Caucus, Coal Caucus, etc.

C. Have no formal role in legislative process

5. CommitteesA. Legislative Committees—most important organizational feature

of Congress1. Consider bills in small groups of members who have become experts

on subject matter

2. Maintain oversight of executive agencies

3. Conduct investigations

Organization, continued

B. Types of committees1. Standing committees: more or less permanent committees

with subject-matter jurisdiction

2. Select committees: groups appointed for a limited purpose/time

3. Joint committees:A. Conference committees: joint committees appointed to resolve

differences between House and Senate versions of bills

C. Committee practices1. Majority party has majority of seats on every committee, and

chooses chairman, who is usually the most senior member from that party, but not always—seniority system not as strong as it once was

Organization, continued

6. StaffA. Constituent service is a major task of staff members

B. 1/3 of staff serves in district or state and perform constituent service, also called “casework”

C. Legislative staff in DC tracks legislation, organizes hearings, meets with lobbyists and constituents, advises member on legislation

D. Correspondence staff answers mail from constituents

E. House members might have a staff of 20, Senate members 25-50

How a Bill Becomes a Law

1. Bills can move quickly if they are popular, don’t cost a lot of money, or meet an emergency need

2. The complexity of the overall procedure makes it easier to kill a bill than to pass one

3. Introducing a bill:A. Must be introduced by a member B. Pending legislation does not carry over from one Congress (2 years,

2 sessions) to anotherC. Resolutions:

1. Simple resolution: passed by one house and affects that house only, not signed by President, no force of law

2. Concurrent resolution: passed by both houses, not signed by President, affects both houses, no force of law

3. Joint resolution: passed by both houses, signed by President, has force of law; also used for constitutional amendments, but then President’s signature not needed

How a Bill Becomes a Law, continued

D. Committee referral: most bills die in committeeE. Revenue bills must originate in HouseF. After hearings and “markup” sessions in which bills may be

changed, bills are reported to House or Senate1. If bill is not reported out, House can use a “discharge petition” or

Senate can use a “discharge motion” which is rarely done2. These are usually unsuccessful and many bills are simply never

reported out or even considered in committee

G. Bill then placed on calendar to be considered in House or SenateH. House Rules Committee sets rules for consideration on House

floor1. Closed rule: time limit and amendments restricted2. Open rule: amendments allowed on floor

I. In Senate, “unanimous consent” is needed to limit debate or amendments; 1 Senator can disagree

How a Bill Becomes a Law

J. Floor Debate in the House1. Committee sponsor of bill organizes debate2. House usually passes committee’s version of bill

K. Floor Debate in the Senate1. No rule limiting germaneness of amendments2. Debate limited only by cloture vote (or unanimous consent) (3/5

vote required)3. Effectively, neither party controls Senate unless they have 60 votes

L. Final passage1. If major differences exist, a conference committee must work out

the differences2. Then bill must be sent back to each body for passage again in the

same form3. Then bill is sent to President, who may:

How a Bill Becomes a Law

a. Sign it and it becomes law

b. Veto it and return it to Congress, which may reconsider it and pass it over his veto with a 2/3 vote

c. Hold it and not sign it; if 10 days pass and Congress is still in session, it becomes law; if 10 days pass and Congress is no longer in session, it is “pocket vetoed”

Reforming Congress

1. Framers believed representatives should “refine” not reflect public opinion

2. Today many believe they should mirror majority public opinion

3. Is Congress too “deliberative” and unable to act when necessary?

4. Term limits: 80% say they support, but 95% of incumbents are re-elected. Congress won’t pass term limits

The Presidency

•The popularly elected president is an American invention

•Today, the president is the single most powerful individual in the American political system

•The presidency described in the Constitution is very different from the one we have today

In a Parliamentary system the prime minister is the Chief Executive. The Prime Minister is chosen not by the voters, but by the legislature (parliament); he or she in turn selects the other ministers from the parliament. If the parliament has only two major parties, the ministers will usually be chosen from the majority party; if there are many parties, several parties may participate in a coalition cabinet.

Presidents may be outsiders; Prime Ministers are always insiders. Prime Ministers have a guaranteed majority in the legislature; presidents do not. Presidents and Congresses often work at cross-purposes.

Qualifications

• 35 years old

• Natural-born citizen (Born as a citizen)

• Lived in the United States at least 14 years before election, but years don’t have to be consecutive

Presidential Character•A president’s actions in office reflect something more than his political views. They also reflect the inner forces that give rise to his basic character.

•Modern Presidents are judged in terms of the public perception of their personality and character.

•Examples:•FDR’s positive, activist character forged the New Deal programs & U.S. foreign policy during WWII.

• Richard Nixon’s negative, activist character made it difficult for him to get support from Congress, the media, or the public

• Clinton’s character was tested with the scandals of Whitewater and sexual misconduct.

• The Supreme Court ruled unanimously that Paula Jones’s civil suit could proceed while Clinton was still in office.

•Special Prosecutor Kenneth Starr’s investigation ended with the unprecedented testimony of the president appearing before a grand jury on video.

•Public opinion played an important role in the following impeachment process. Clinton’s job approval ratings were over 60% -- the highest of any 2nd term president -- but his personal approval ratings were under 40%.

•The public was suggesting that the president’s private life should be separated from his public duties.

The Constitution gave presidents the power to:1. Act as administrative head of the nation.2. Serve as commander in chief of the military. 3. Convene Congress.4. Veto legislation (but Congress can override a veto).5. Appoint top officials, subject to the advice and consent of the Senate.6. Make treaties subject to Senate approval.

7. Grant pardons.

The Expansion of Presidential Power:

The power of the modern presidency comes not only from the explicit powers listed in the Constitution but also from the expansion of authority under claims of inherent powers.

Divided GovernmentEven a landslide at the polls does not guarantee consistent public support during a president’s term, because the presidential election is independent of the elections of Congress. This often leads to divided government.1.Divided government is the situation that occurs when one party controls one or both houses of Congress and the other party controls the presidency.2. Some Americans don’t like a “divided” govt because they think it produces partisan bickering, political paralysis, & policy gridlock.

3. Polls show that the public often finds divided government desirable: A necessary consequence of a system or representative democracy. It causes delays which intensifies deliberation, which forces compromises & requires the creation of broad-based coalitions to support most new policies.

4. Divided government actually seems to be as productive as unified government.

The Electoral College

The Framer’s Plan met every test: large states would have their say, but small states would be protected by having a minimum of three electoral votes no matter what the population of the state. Small states would wield considerable influence in the House, where it was widely expected most presidential elections would be ultimately decided. Framers of Constitution did not foresee the role that political parties would play in producing nationwide support for a slate of national candidates.

The Electoral College•In each state each party runs a slate of electors pledged to that party’s presidential and vice presidential candidates.

•“Winner-take-all” effect discourages emergence of serious 3rd parties & encourages candidates to focus their campaign on states

•Winning slates of electors assemble in their state capitals about 6 weeks after the election to cast their ballots.

•Ordinarily this is pure formality

•To win an election, a presidential candidate must put

together a winning coalition with a minimum of 270 electoral votes.•Candidates who win the presidency claim they have been given a mandate by the voters, but such mandates tend to be more rhetoric than reality.•A president’s job is complicated when he is elected by less than a majority, such as Bill Clinton’s 43 percent victory in the 1992 election.

The First Presidents•Were among the most prominent men of the time

•Of first 5 presidents – 4 were elected to 2 terms

•Established legitimacy of the presidency

•General rule of “fitness” emerged for appointing people to federal office = well thought of in community

•Presidency was kept modest

•President’s relations with Congress were correct but not close

Andrew Jackson

•Jackson had been member of House and Senate BUT elected as a military hero

•Used power of office -- vetoed 12 acts of Congress and first to use veto against bills he didn’t like but didn’t think were unconstitutional

•Believed in strong & independent presidency—dominated Congress

The reemergence of Congress

•Congress reestablished power after Jackson left office

•For next 100 years – presidency was the subordinate branch of national government except during terms of Lincoln, Polk, and Cleveland—until the modern era beginning with FDR

•Presidents have claimed the authority to do certain things and have left it up to Congress or the courts to try to stop them.•During the Civil War, President Lincoln issued orders increasing the size of the military and, therefore, military expenditures. This clearly usurped Congress’s constitutional power to raise and support armies. Nevertheless, both Congress and the Supreme Court approved these actions.•Andrew Jackson vetoed the reauthorization of the National Bank and fired the secretary of the treasury for refusing to carry out his orders. Congressional anger at Jackson’s actions weakened Jackson’s presidency

Congress has also delegated considerable power to the executive branch. During the New Deal, for example, Congress delegated much authority to the Roosevelt administration to do what was necessary to solve the nation’s ills.

Powers of the President

Powers of the President alone:

•Serve as commander in chief of the armed forces

•Commission officers of the armed forces

•Grant reprieves & pardons for federal offenses except impeachment

•Convene Congress in special sessions

•Receive ambassadors

•See that laws are faithfully executed

•Wield the “executive power”

•Appoint officials to lesser offices

Powers of the President that are shared with the Senate:

•Make treaties

•Appoint ambassadors, judges, & high officials

Powers of the President that are shared with Congress as a Whole:

Approve legislation

Presidential power is determined in part by the political skills of the individual president.The greatest source of presidential power is found not in the Constitution, but in politics and public opinion.1.In Richard Neustadt’s words, “Presidential power is the power to persuade.”2.Presidents must thus choose their issues carefully. They must calculate when they need to intervene and play their cards and when they need to hold back.

Presidents are in a better position to bargain when their public popularity is high.

1.Over time, presidential popularity usually declines.

2. Presidential popularity can be strongly affected by economic conditions, unanticipated events or crises (such as the Iranian hostage crisis), or American involvement in a war.

Organization of White House Staff

One of the most important of the president’s resources in office is his White House staff.• Each president has some key aides, including his chief of staff and his national security adviser.• The extended White House staff constitutes the Executive Office of the President. This includes the Office of Management and Budget (OMB), the Council of Economic Advisers, and other specialized staff.•There is no “right way” for a president to organize his staff. Each president creates the structure that he thinks will work best for him. Yet sometimes there are difficulties in the way the White House is organized.

3 Ways President can organize his personal staff:

a.  Pyramid structure: Used by Eisenhower, Nixon, Reagan, Bush – most assistants report through a hierarchy to a Chief of Staff who deals directly with the President

b. Circular structure: Used by Carter – cabinet secretaries & assistants report directly to the President

c. Ad hoc structure: Used for a while by Clinton – task forces, committees, informal groups deal directly with President

Office of Management and Budget (OMB)Responsibilities include:

Assemble & analyze figures that go into the national budget that the president submits to Congress.

Studies the organization & operations of the executive branch, devises plans for reorganizing various departments and agencies, develops ways of getting better information about government programs, and reviews proposals that cabinet departments want included in the president’s legislative program

Cabinet Department Heads

The cabinet is composed of the heads of the major departments in the executive branch.1.The cabinet is not used as a collective decision making body. Cabinet meetings may not even be particularly important to the president, though he may value the advice of individual members of the cabinet.2.Presidents do not always know cabinet secretaries very well. Cabinet secretaries may also be too concerned with the wishes of their clientele groups.3.With the growth of the White House staff and the Executive Office of the President, there is less need to rely on the cabinet as an advisory body.

Appointment to a government agency

Some prior federal experience

Known for their expertise or administrative experience rather than politics

Appointments need to recognize various political groups, regions, and organizations

“Independent” Agencies and CommissionsThe President also appoints people to agencies and commissions that by law often have an independent status.

The heads of independent agencies serve by law for fixed terms of office and can be removed only “for cause”. The agencies are created by Congress and include:

Federal Reserve Board & Securities Exchange Commision

Federal Communications Commission

Federal Deposit Insurance Corporation

Interstate Commerce Commission

The President as the Nation’s Leader

Presidents carry into office a broad political vision that reflects their ideology and priorities.1. Lyndon Johnson, for example, saw government as a positive force for promoting justice and equality. Once in office, he tried to give life to that philosophy with the Great Society programs.2. Ronald Reagan came into office seeing government as part of the problem rather than as the solution. He tried to pursue policies that would reduce the role of government in American life.

President must PersuadeThe president’s central role in our political system guarantees that he can always command attention for his agenda. Nothing guarantees that he will be successful in getting that agenda through Congress, however.

Thus, a president must be a lobbyist as well as an agenda setter. Presidents spend considerable time working to get legislation passed in the form they want it in.

1.The president has a legislative liaison staff to help him.2.The White House will also work directly with interest groups to try to get them to activate members and to get their Washington, D.C., representative to lobby Congress directly.3. Part of the president’s job is to lead his party. However, there are no prescribed tasks associated with this duty.

The three audiences the President must persuade.

1.    Washington D.C. audience of fellow politicians & leaders

2.    Party activists & officeholders outside of Washington = partisan grassroots

3.   The Public

Executive Privilege

The Constitution says nothing about presidential rights to keep private communications between himself & private advisors, but traditionally, presidents have claimed the Privilege of confidentiality – does not have to divulge private communications between himself & principal advisors because of separation of powers & principles of statecraft & of prudent administration without the fear of immediate press & public reaction.

Used throughout history but not seriously disputed until 1973 (Nixon) when the Supreme Court met the issue directly. A federal special prosecutor sought tape recordings of White House conversations between Pres. Nixon & his advisors as part of Watergate investigation. The Court ordered the tapes be delivered, but there was a basis for confidentiality if national security an issue.

Impoundment of FundsConstitution is silent on whether the President must spend all the money Congress appropriates – only says President can’t spend money not appropriated by Congress. Nixon didn’t want to spend money so he vetoed 12 spending bills & then impounded funds (did not spend funds) appropriated under other laws he had not vetoed.

Budget Reform Act of 1974 – requires the president to spend all appropriated funds unless he first tells Congress what funds he wishes not to spend & Congress, within 45 days agrees to delete the items. If he wishes to delay the spending, but still eventually spend the funds, he only needs to inform Congress. Congress can refuse the delay by passing a resolution.

Federal courts have upheld the rule presidents must spend money that Congress appropriates.

4 Constraints that limit a President’s ability to plan a program

1.       Must judge public and congressional reaction to his program before committing fully to it. Can “test the winds” by “leaking” part to the press or “floating a trial balloon” to gain reaction.

2.     Limit of president’s time & attention span. Many other things competing for his time.

3.     Unexpected crisis such as a recession/depression, mounting risks of war

4.     The federal government & most federal programs & federal budget can only be changed marginally except in special circumstances. Federal expenditures can span several years & many programs have strong congressional & public support.

Legislative Veto

Legislative Veto: The rejection of a presidential or administrative-agency action by a vote of one or both houses of Congress without the consent of the president. Procedure 1st authorized by the Reorganization Act of 1939 – said it could be used to change, but not create or abolish an executive agency. Act expired in 1981 & Congress didn’t renew it.

In 1983, the Supreme Court declared the legislative veto unconstitutional.

Vice Presidency & 25th AmendmentVice presidents have traditionally been “standby equipment.” They are not usually used in a major advisory capacity. However, Al Gore and Dick Cheney have been given a more public role than usual.

Only official task is to preside over the Senate and to vote in case of a tie.

25th Amendment addresses the problem of presidential disability by allowing the V.P. to serve as “acting president” whenever the president declares he is unable to discharge the duties of office.

Vice Presidency & 25th Amendment

25th Amendment also addresses presidential disability by stating the V.P. will be “acting president” when the V.P. and a majority of the cabinet declare the President incapacitated. If the President disagrees with the opinion of the V.P. & the majority of the Cabinet, then Congress decides the issue with a 2/3 majority necessary to confirm the president is unable to serve.

Vice Presidency & 25th Amendment

Requires a president who assumes office after a vacancy or resignation to nominate a new vice president who then must be confirmed by the majority vote of both houses of Congress. When there is no vice president, then the 1947 law governs: next in line are the Speaker, the Senate president pro tempore & the 14 Cabinet officers, beginning with the Sec. of State.

Example: Nixon & Spiro Agnew elected in 1972. Agnew resigned in 1973 & Nixon appointed Gerald Ford. Nixon resigned in 1974 & Ford appointed Nelson Rockefeller. Ford was only president ever to not have been elected either president or vice president.

Impeachment

Impeachment is the formal accusation against a public official by the lower house of a legislative body. Impeachment is merely an accusation & not a conviction. The impeached officer must be convicted after a trial by a two-thirds vote of the Senate.

The Bureaucracy

A bureaucracy is a large, complex organization composed of appointed officials. The department and agencies of the U.S. government make up the federal bureaucracy. Authority is divided among several managers; no one person is able to make all the decisions.

The Real “Washington” Bureaucracy

Source: Paul C. Light, The True Size of Government (Washington, D.C.: Brooking Institution, 1999). Data for 1996.

•The employees of the departments, agencies, bureaus, and offices of government are known as bureaucrats.•The manner in which a bureaucracy is organized affects how well it is able to accomplish its tasks.•Therefore, the study of the bureaucracy centers around finding solutions to the many kinds of problems faced by large government organizations.

•Most federal functions are shared with the states and therefore cannot ignore state bureaucracies.

•Only about 15% of career civilian employees work in the Washington D.C. area

•Unlike European nations, the United States has adopted a policy of extensive regulation instead of government ownership.

•While the President needs the advice and consent of the Senate to appoint some public officials, the President does not need Senate consent to remove some public officials such as Cabinet offices.

•Personal attitudes of bureaucrats are most likely to affect the way they conduct their job when their roles are loosely structured, such as lawyers & economists.

How US bureaucracy is different from others

1. Political authority over the bureaucracy is shared and not in one set of hands.

2. Most of the agencies share their function with related agencies in state and local government.

3. They operate under closer scrutiny and with a greater prospect of court challenges than agencies in other countries. The U.S. agencies regulate privately owned enterprises, not just publicly owned.

The Constitution makes little mention of a bureaucracy. It gives the President the power to appoint, with consent of the Senate, some public officials.

No provisions were created for the forming of departments or bureaus.

Today there are more than 14 cabinet-level departments & more than 50 independent agencies, including about 2000 bureaus, offices, services, and other subdivisions of the government.

5 biggest employers=Army, Navy, Air Force, Dept. of Veteran Affairs, & U.S. Post Office

Organization of the BureaucracyCabinet Departments: Each of the 14 cabinet

departments is headed by a secretary, except for the Department of Justice where the Attorney General heads the dept.

Independent Regulatory Agenices: Examples:

• Interstate Commerce Commission: (1887) Oldest of the regulatory agencies. 1st regulated railroads, but now regulates trucking also.

• Federal Trade Commission: Regulates business practices & controls monopolies

• National Labor Relations Board: Regulates labor-management relations

• Federal Reserve Board: Banks & money supply

• Securities & Exchange Commission: Stock Mkt.

Government Corporations

Government corporations are a mixture of private corporation & government agency. They have more freedom & flexibility than other government agencies. Examples:

1. Federal Reserve Banks

2. Post Office

3. Amtrak (railroad passenger service) They run the Capitol line between Sacramento & San Jose)

4. Corporation for Public Broadcasting (operates public radio & TV stations such as CH. 9 & NPR)

Independent Executive Agencies

Examples:

1. NASA (Nat’l Aeronautics & Space Administration

2. NSF (Nat’l Science Foundation

3. GSA (General Services Administration

• The power of a bureaucracy depends upon the discretionary authority of its officials.

•While it was first thought the Senior Executive Service would give the President much greater control over the federal bureaucracy, it hasn’t worked out that way. Bureaucrats become loyal to their agency and the function they are performing.

• Iron Triangles = the close relationship between an agency, a congressional committee, and an interest group that often becomes a mutually advantageous alliance.

• Issue network = network of people in Washington-based interest groups, on Congressional staffs, in universities & think tanks, & in the mass media who regularly discuss & advocate public policies. Are replacing iron triangles (criticized for being too simple)

Presidential Power: Appointments

In the Constitution, Article II, Section III, the President is given the power to appoint ambassadors, other public ministers & consuls, judges of the Supreme Court and other officers of the U.S. whose appointments are not herein otherwise provided for & which shall be established by law.

Cabinet officers can be removed by the President. This was proposed by Madison because the President couldn’t otherwise control subordinates and discharge duties.

Why Presidential appointments to bureaucratic positions important1. These people will affect how laws are

interpreted (political ideology of job holders important)

2. Will help set tone of administration (personal character important)

3. Will help determine how effective public business discharged (competence important)

4. Will determine how strong political party/faction can be (party affiliation important)

•The spoils system is political patronage = the practice of giving the fruits of a party’s victory, such as jobs and contracts to loyal members of that party. The President still uses patronage to obtain loyal subordinates-especially the White House staff.

•Today, most federal appointments are based on merit = competence

•Today’s bureaucracy is largely a product of the Depression of the 1930’s = commitment to New Deal Program and of World War II = high level of military preparedness important & prewar social programs to be continued.

•The power of the bureaucracy depends on the extent to which appointed officials have discretionary authority which means officials have the ability to choose courses of action & policies not spelled out in advance.

By the 1950’s the merit system had grown to cover about 90% of all federal employees & in 1978, the functions of the Civil Service Commission were split between 2 new agencies:

1. The Office of Personnel Management – administers civil service laws, rules, & regulations and administers written examinations for the competitive service.

2. The Merit Systems Protection Board protects the integrity of the federal merit system & the rights of federal employees. Board hears charges of wrongdoing & employee appeals and orders disciplinary actions

The Federal Bureaucracy Today

Congress has delegated substantial authority to administrative agencies in 3 areas:

1. Paying subsidies to particular groups & organizations in society (farmers, veterans, scientists, schools, universities, hospitals)

2. Transferring money from federal government to state & local governments (grant-in-aid programs)

3. Devising & enforcing regulations for various sectors of society & the economy

Constraints on agency behaviorThe biggest difference between a government agency

and a private organization is the number of constraints on the agency.

5 effects constraints have on agency behavior:

1. Government will often act slowly

2. Government will sometimes act inconsistently (what is done to meet 1 constraint may endanger another constraint)

3. Will be easier to block action than to take action (many voices here can cancel each other out)

4. Lower-ranking employees will be reluctant to make decisions on their own (let boss make the decision)

5. Citizens will complain of red tape – which comes from all of US, the Congress, and interest groups.

Congressional Oversight of Bureaucracy

1. No agency can exist without Congressional approval. Congress rarely gives any 1 job to a single agency (Ex: drug trafficking to Customs Service, FBI, Drug Enforcement Admin., Border Patrol, & Military). Congress may also influence the appointment of agency heads

2. No agency can spend money unless authorized by Congress with authorization legislation and then be appropriated by Congress (different committee)

3. Congressional committees may hold hearings as part of oversight job & agency abuses may be questioned publicly. Congress can rewrite legislation to restrict power of agency

How Presidents get their policy preferences through to bureaucracies

• Appoint senior bureaucrats who agree with him (May or may not work because others in agency can work against the newly appointed person & possibly seek support of Congress for agency and not new head

• Issue Executive Orders that agencies must follow.

• Use budget process & OMB to change money going to an agency

• Reorganize or combine agencies as a reward/punishment, but interest groups can put pressure on Congress to resist President’s efforts.

Problems with bureaucracies1. Red Tape: Complex rules & procedures

2. Conflict: Work at cross purposes with other agencies

3. Duplication: More than 1 agency doing same thing

4. Imperialism: Tendencies of agencies to grow

5. Waste: Spending more than necessary

In the attempts to reform the bureaucracy, National Performance Review (Gore) differed from reform attempts by emphasizing customer satisfaction.

Federal & State Court System

The Judiciary

I. The role of the courts in American governmentA. American courts shape policies that form the heart of American democracy.

1. Because judges tend to accept the rulings of other courts in similar cases, judges in effect make policy with their decisions.

2. The Supreme Court, for example, makes fundamental decisions vital to the preservation of freedom, order, and equality.

3. The courts can undo the work of representative institutions.

4. This thwarts democratic theory, which argues that the majority rules.

Article III – The Supreme Court

Section I: Mentions the Supreme Court and gives Congress the right to create all other federal courts. Judges serve “during good behavior” and their compensation cannot be diminished

Section II: Original Jurisdiction given to Supreme Ct. to cases involving ambassadors, ministers, & consuls and in cases where the state is a party. Appellate Jurisdiction is given to all other cases. Provides for a trial by jury for all criminal (not civil) cases.

Judicial ReviewJudicial Review allows the courts to rule on the Constitutionality of laws and actions.

It is the right of the federal courts to declare laws of Congress and acts of the executive branch void and unenforceable if they are judged to be in conflict with the Constitution.

The power of judicial review is implied but not explicitly mentioned in the Constitution; it was affirmed when Chief Justice Marshall asserted that the Supreme Court had the power of judicial review in his decision in Marbury v. Madison (1803).

How Judicial Review is ConductedStrict-constructionist approach: Judges should only judge & confine selves to applying those rules that are stated in or clearly implied by the language of the Constitution

Activist approach: Judges should discover the general principles underlying the Constitution & its often vague language, applying those principles on the basis of some moral or economic philosophy & apply them to cases.

Checks and Balances on the Court

Executive: The President has the power to appoint all federal judges, which provides some control on the nature of the court.

Legislative: Senate must confirm presidential appointments and Congress can alter the structure of the court system by determining the number of courts and the number of justices. Congress has the power to impeach judges. If the Court finds a law unconstitutional, Congress, with the concurrence of the states, can amend the Constitution. (Examples: 11th Amendment ratified to prevent a citizen from suing a state in federal court, 13th, 14th, 15th Amendments ratified to undo Dred Scott decision regarding slavery, 16th Amendment added to make it Constitutional for Congress to pass an income tax, 26th Amendment gave 18 year olds the vote in state elections )

Court TerminologyStanding: Litigants in the case must have standing, meaning there must be an actual case, controversy between two adversaries rather than a hypothetical situation.Litigants: Include the plaintiff (person bringing the charges), the defendant (person charged).

Prosecutor: A federal attorney who argues on the side of the government in a criminal case. Can also formally charge an individual with a crime.

Remedy: A judicial order preventing or redressing a wrong or enforcing a right.

Solicitor General: Represents the government before the Supreme Court

Court Terminology

Class-action suit: A case brought into court by a person on behalf of not only their self, but all other persons in similar circumstances.

Example: 1954 case where the Supreme Court found Linda Brown, a Topeka, Kansas 5th grade public school black student, denied the equal protection laws --- guaranteed by the 14th Amendment. The denial of equal protection law was based upon the fact that the schools were segregated. NAACP helped expand the decision to cover all other students similarly situated.

Court TerminologyPublic Defender: Attorneys provided by the government to people who cannot afford personal lawyers. The decision in the case Gideon v. Wainwright required that all accused persons in state as well as federal criminal trials be supplied with a lawyer, for free if necessary.Plea Bargain: Prosecutors negotiate with defense lawyers for a lesser sentence when the defendant agrees to plead guilty and not go through with a trial

Senatorial Courtesy: The tradition by which the Senate will not confirm a district court judge if the senator who is from that state and of the president‘s party objects. This results in the president nominating only people recommended to him by the key senator from the state.

Court TerminologyBrief: Legal document prepared by an attorney representing a party before a court. The document sets forth the facts of the case, summarizes the law, gives the arguments for its side, and discusses other relevant cases.Amicus curiae: Latin term meaning “a friend of the court”. Refers to interested groups or individuals, not directly involved in the suit, who may file legal briefs or make oral arguments in support of one side.

Stare decisis: Latin term meaning “Let the decision stand”. The practice of basing judicial decisions on precedents established in similar cases decided in the past.

Number of Supreme Court Decisions

Constitutional Courtsand Legislative Courts

Constitutional court exercises the judicial powers found in the Constitution – Article III – and gives judges protection = can’t be fired or salaries reduced.1)     District Courts: 94 with at least 1 in each state, D.C., & Puerto Rico.

2)    Courts of Appeal: 1 in each of 11 regions & D.C. (CA in 9th District)

Legislative Court: Set up by Congress for some specialized purpose & staffed with people who have fixed terms of office & can be removed or have salaries reduced.

Examples: Court of Claims, Court of International Trade, Tax Court, Court of Military Appeals

Federal Judgesand the “Litmus Test”

All federal judges are nominated by the President (usually own party) & confirmed by the Senate, and serve for life during good behavior.

Litmus Test: Used in politics (although denied by most senators and presidents) as a way to test the ideological purity of a person being considered for judgeship. An example is abortion: if a President will not appoint any judge who is pro-choice, he is said to be applying a pro-life litmus test. The potential nominee is not necessarily asked any questions directly; rather, his or her record is examined.

Criminal Law/Civil LawCriminal Law:Crime is a violation of the criminal code. The code is legislation that regulates conduct and specifies sanctions for violations. This body of rules defines offenses that, though they harm an individual, are considered to be offenses against society as a whole and thus warrant punishment by and in the name of society. Can be a fine, prison, both. Standard of proof is “beyond a reasonable doubt.”Civil Law:Civil cases stem from disputed claims to something of value. They involve private disputes arising from such matters as accidents, contractual obligations, and divorce. Government can be a party to such disputes. If found liable, defendanat can be forced to pay “damages” (money) to the plaintiff. Standard of proof is “preponderance of the evidence.”

Court Terminology

Writ of Certiorari: An order issued by a higher court to a lower court to send up the record of a case for review. Most cases reach the Supreme Court through the writ of certiorari.The court considers all petitions it receives questioning the decisions of lower courts.

Rule of Four: Four justices must agree to hear a case and then the court will schedule a hearing.

Opinions

Majority Opinion: Expresses the opinion of the majority. By tradition, if the Chief Justice is in the majority, he writes the opinion, but he has the ability to assign it to someone else.Concurring Opinion: An opinion by one or more justices who agree with the majority’s conclusion but for different reasons that they wish to express.

Dissenting Opinion: The opinion of the justices in the minority (the losing side)

Per curiam Opinion: A brief, unsigned opinion issued by the Supreme Court to explain its ruling.

Political Question

An issue that the Court refuses to consider because it believes the Constitution has left it entirely to another branch to decide. Its view of such issues may change over time.

Example: Until the 1960’s the Court refused to hear cases about the size of congressional districts, no matter how unequal their populations. In 1962, the Court decided that it was authorized to review the constitutional implications of this issue.

The Jurisdiction of the Federal Courts