GOV4AThe Government of the US

Scott Thomas | May 2013

Today

The Constitution

The Supreme Court

Congress

The Executive

Exam success is not a lottery!

Know your terms

Know the Articles

Know the Examples

Session 1The Constitution and

Federalism

The Constitution & Federalism

Nature & Significance Separation of PowersChecks and BalancesBill of RightsAmendments FederalismConstitutional Change

US Government Overview

Federal Government Power

LegislatureMakes the laws

CongressHouse of Representatives

Senate

ExecutiveCarries out the laws

President Plus VP, EXOP, Cabinet,

Executive Dept, and Agencies

Judiciary Enforces and interprets

the laws

Supreme CourtIncluding appeal courts

and trial courts

A Constitution

• A system of rules which describes the structure and powers of Government

• Outlines the relationship between the three branches of government

• And the relationship between the government and its citizens

A Constitution

• Limits upon power– Checks and Balances

• How power is exercised• Where power is located

Acts of Parliament

Works of Authority

EU Law

UK Constitution

Common Law

Royal Prerogative

Conventions

UK Constitution

Birth of the USA1776 – Declaration of Independence

Declaration of Independence

Taxation without representationLeads to the US War of Independence from

Britain in April 17754th July 1776 the Colonies issue the Declaration

of Independence

Birth of the USA

1776 – Declaration of Independence

1781 – Articles of Confederation

Articles of Confederation

War isn’t over yet13 Colonies ratify the Articles

Create a confederacyAfraid of tyrannical government

They failed to form a nation despite gaining independence

Problems with the Articles

No Executive Branch

No Judiciary

Legislature was a talking shop

Birth of the USA1776 – Declaration of Independence

1781 – Articles of Confederation

1787 – Philadelphia Convention

Philadelphia Convention

55 Delegates from 12 of 13 States in May 1787

It took 4 Months

Had to create a strong government whilst protecting

freedoms

Rhode Island

I'm Suspicious about this

WEAK GOVERNMENT MEANS

Philadelphia Convention

Virginia PlanStates with large

populations

New Jersey PlanStates with Small

Populations

Connecticut Compromise

Bicameral System One according to Population

One represented Equally

The Articles

III

III

IVV

VI

VII

Legislative Branch

Executive Branch

Judicial Branch

Federal – State & Interstate RelationshipAmendment Process

Misc. Provisions

Ratification procedure

Birth of the USA1776 – Declaration of Independence

1781 – Articles of Confederation

1787 – Philadelphia Convention

1789 – George Washington elected

Birth of the USA1776 – Declaration of Independence

1781 – Articles of Confederation

1787 – Philadelphia Convention

1789 – George Washington elected

1791 – Bill of Rights

Bill of Rights 1791

First 10 Amendments known as Bill of Rights

Proposed by Congress Sept 1789

Ratified by States December 1791

Designed to protect against an all powerful federal government

17 Further Amendments have been passed since

1791

Rights Established

No.

I Freedom of Speech

II Right to Keep and Bear Arms

III No quartering of soldiers

IV No unreasonable search and seizure

V Due Process

No.

VI Speedy and public trial

VII Trial by jury in civil cases

VIII No Cruel and Unusual Punishment

IX Other rights of the people

X Power not delegated to Fed. Govt. are reserved to the States or people

Issues: Where does the Death Penalty sit with the 8th Amendment? Does the Elastic Clause supersede the 10th Amendment?

Proposed Amendment

Vote in the House 2/3 Majority

Required

Vote in the Senate 2/3

Majority required

Votes in State Legislatures

Passed by ¾ of all State

Legislatures

Constitution Amended

Amending the Constitution

Founding Fathers wanted it

to be difficult to amend

Notable Amendments

13th Slavery Abolished (1865)14th Equal Protection and due process clause (1868)15th Blacks given the right to vote (1870)16th Income Tax (1913)22nd Two term presidential limit (1951)25th Presidential succession procedure (1967)

Notable Attempts to AmendAmendment House Senate

Flag Desecration (05/06)

286-130 Yes 66-34 No (1 vote short)

Balanced Budget (95) 300-132 Yes 65-35 No

Super Majority to increase taxes (2002)

227-178 No N/A N/A

During Clinton’s Presidency there were 17 votes on constitutional amendments. All the votes happened under a Republican Congress

Amendment House Senate States

Equal Rights for Women (1972) Yes Yes 35/50 (3 short)

Separation of Powers

Political power is distributed among the three branches of government, all acting independently and interdependently Powers are shared through a series of checks and balances

Executive Branch

Judicial Branch

Legislative Branch

Synoptic Links

Separation of Powers• UK has a fusion of powers• Members may sit in more

than one branch• Until the CRA 2005 the Lord

Chancellor sat in all three branches

Legislative & Executive

Limited Government

The size and scope of the federal government should be limited to only what is necessary

Limited Govt.

Checks & BalancesEach branch exercises power and control over the othersIt supports the idea of Limited Government

Checks on Legislature

• Recommend legislation for passage• Veto (Pocket and Official)

By Executive

• Judicial Review

By Judiciary

Checks on Judiciary

• Appointment of judges• Pardon

By Executive

• Impeachment trials and removal from office

• Proposition of constitutional amendments

By Legislature

Checks on Executive

• Amend/Delay/Reject legislation• Veto Override• Power of the Purse• Declaration of War• Ratification of Treaties• Confirmation of Appointments• Congressional Committee Investigations• Impeachment

By Legislature

• Judicial Review

By Judiciary

Checks and Balances Examples

• Supreme Court Appointments– Robert Bork (1987) [FAILED]– John Roberts (2005)– Sonia Sotomayor (2009)

• Amendments– Education Reform Bill 2001 – Heavily Amended

• Legislative Blocking– Clinton’s Healthcare programme 1993-94– Increasing Minimum Wage

FederalismA theory by which political power is divided between a national and state government, each having their own jurisdiction

It focuses around decentralisation

Federalism & The Constitution

Shown through Enumerated Powers

Shown through implied powers also

Elastic ClauseConcurrent Powers such as Taxation

10th Amendment States Rights!

Dual Federalism

1780-1920•Associated with a collection of ‘unknown presidents’

Large Focus on States Rights•Federal Government limited to Money, War and Peace

Layer Cake Federalism•Divisions in Political Power are Clear Cut

Cooperative Federalism

1930s – 1960s•Franklin Roosevelt, Harry Truman, John Kennedy, Lyndon Johnson•Majority of the Presidents were Democrats

New Departments•Defence (1949), Health, Education, & Welfare (1953), Transportation (1966)

Large Increase in Categorical Grants•Grants allocated to states by Federal Government for specific projects

Marble Cake•Division in Political Power are less clear cut

New Federalism

1970s-2000•Nixon, Ford, Reagan, Bush and Clinton•Majority of the Presidents were Republicans

Shift back to State Power•The Federal Government did not create the States; the States created the Federal Government

Large Increase in Block Grants•Grants allocated to states by Federal Government for non specific purposes or general areas

An Ever Changing Concept• Westward Expansion– From 13 colonies to 50

• Growth in Population– 4million in 1790 to 275million in 2000

• Industrialisation– Need for Government Regulation

• Communication– As the nation grew, it shrank

• Events– The Great Depression

An Ever Changing Concept

• Foreign Policy– Second World War caused the need for centralised

planning• Supreme Court Decisions– Decisions on the meaning of the constitution alter the

role of the Federal Government• Constitutional Amendments– These can alter the powers of States or Federal

Government

Federalism Under Bush

Government spending increased by 33% in 01-05– Iraq War– Homeland Security– Expansions of Medicare

& Education• No Child Left behind

– Wall Street and Banking Collapse

Federalism Under Obama

Expansion of Federal Government Role• Obama Care• GM BailoutsBUT:Willing to allow states to pursue goals – pollution permits in CaliforniaHowever:Only does this when it suits him to do so!

FederalismPros Cons

Permits Diversity Can hide economic and social inequalities

Pluralistic Frustrates the national will, making solutions to problems harder

Increased protection of individual rights Constant source of conflict between states and government

States becomes ‘policy labs’ e.g. Pollution permits in California

Overly bureaucratic, therefore creating a costly system that is resistant to change

Well suited to geographically large nation

Constitution Synoptic Links

UK Constitution is uncodifiedUnitary system of governmentFusion of Powers Parliamentary Lower levels of democratic participation UK becoming somewhat more Federalised with the EU

Session 2The Judicial Branch of

the US

The Judicial Branch

Constitutional RolePower of Judicial ReviewAppointments Political SignificanceProtection of Citizen’s RightsRelationship with Other

Branches

Supreme Court & The Constitution

Judicial Branch is Article ThreeSection 1 sets the

Supreme Court out as the only Judicial Power

No provision for number of Supreme Court justicesNo mention of Judicial

Activism

Congress can ‘ordain and establish’ new courts

Judges shall hold their office for life in ‘good

behaviour’

Structure of Federal Courts

Supreme Court sits at the top of the Federal Court systemCourt rejects 96% of the Cases brought to it

Lower courts hear majority of cases

United States Supreme Court

US Court of Appeals

US Court of Appeals

1 Court – 9 Justices

1 in each of 11 circuits1 in DC

1 Federal Circuit

1 in each 94 districts

Membership of the Supreme Court

8 Associate Justices 1 Chief JusticeAll have an ideological stance

Number is set by Congress FDR threatened to ‘pack the court’ when they continually struck down New Deal legislation

Life tenure in good behaviour

Justice Date Appointed Sitting President Ideological Balance

Chief JusticeJohn Roberts

2005 George W Bush (R) Right Leaning

Associate Justices

Antonin Scalia 1986 Ronald Reagan (R) Right Leaning

Anthony Kennedy 1988 Ronald Reagan (R) Swing Vote

Clarence Thomas 1991 George H W Bush (R) Right Leaning

Ruth Bader Ginsburg 1993 William J Clinton (D) Left Leaning

Stephen Breyer 1994 William J Clinton (D) Left Leaning

Samuel Alito 2005 George W Bush (R) Right Leaning

Sonia Sotomayor 2009 Barack H Obama (D) Left Leaning

Elena Kagan 2010 Barack H Obama (D) Left Leaning

Membership of the Supreme Court

The Roberts Court

John Roberts

Antonin Scalia Anthony Kennedy

Clarence Thomas

Ruth Bader Ginsburg

Stephen Breyer

Samuel Alito Sonia Sotomayor

Elena Kagan

Left Right

The Ideology of the Roberts Court

John RobertsAntonin Scalia

Anthony Kennedy

Clarence Thomas

Ruth Bader Ginsburg

Stephen Breyer

Samuel AlitoSonia

Sotomayor Elena Kagan

SWING VOTE

Judicial Philosophy

President’s often want to appoint Justices that fit their own ideological image

Reagan: Bork, ScaliaObama: Sotomayor, Kagan

Justices are often seen as ‘conservatives’ or ‘liberals’There are more classifications

Constructionist

Strict ConstructionistInterprets the Constitution in a literal or ‘strict’ way, look at the original intent of the Founding Fathers. Favour States rights over Federal Government. Tend to be labelled as ‘conservatives’

Loose ConstructionistInterprets the Constitution in a loose way, in which they ‘read between the lines’. They look at the context of the issue and the constitution. Favour federal government power over that of states power and rights. Tend be labelled as ‘liberals’

Activism and Restraint

Judicial ActivismJustices should use their position to promote desirable social ends. Activist courts have a large docket

Judicial RestraintJustices should not ‘legislate’ from the bench, leaving this to the legislature and executive. Greater stress should be placed upon the precedent set by previous courts. Restrained courts have a smaller docket

Appointments Process

Vacancy Occurs

Search is Instigated

FBI Background Checks

Senate hearings and confirmation

Death, Retirement or Impeachment

Advice sought from:• Advisors• Congress• Professional Bodies

Nominees can come from:• Lower Courts• Executive Branch

Legislative Branch• Academia

FBI Checks and interview with the President. ABA gives an informal ratingClarence Thomas is the last nominee to receive lower than perfect

SJC holds hearings for the candidateSometimes candidates withdraw if hearing is bad

Vote on the floor. If committee rules against, Senate typically will

Notable Appointments

Earl WarrenAppointed by

Eisenhower who said it was the

biggest god dam mistake of his life

Robert BorkReagan’s

controversial nomination, the

subject of a negative ad

campaign. Failed to confirm

David SouterAppointed by

George H W Bush he has turned out to be one of the

most liberal members of the

Court

Why is this important?

Presidents seek to leave a legacy in the courtOne of their ideological persuasion

The Court will outlive the Presidency

Examples:Reagan & George H W Bush placed right leaning judges on the Court – Bush v Gore 2000?

Judicial Review

No constitutional basis for this power

Found in Marbury v Madison 1803Allowed the Court to rule:• Acts of Congress• Executive Actions• State Law

UNCOSTITUTIONAL

The Courts you Need to KnowYear Court Year Court Year Court Year Court1953

Warren Court

1968 Warren Court

1983

Burger Court

1998

Rehnquist Court

1954 1969 1984 1999

1955 1970

Burger Court

1985 2000

1956 1971 1986

Rehnquist Court

2001

1957 1972 1987 2002

1958 1973 1988 2003

1959 1974 1989 2004

1960 1975 1990 2005

Roberts Court

1961 1976 1991 2006

1962 1977 1992 2007

1963 1978 1993 2008

1964 1979 1994 2009

1965 1980 1995 2010

1966 1981 1996 2011

1967 1982 1997 2012

Plessy v Ferguson 1856

Upheld segregation as constitutional with the reference to separate but equal

Arose from the Louisiana Separate Car Act for Rail carriages

Brown v Board of Education 1953

This case overturns Plessy v Ferguson 1896

Established that separate was inherently unequal in the provision of facilities

Paved the way for integration

Ruled on through the Equal Protection Clause of the 14th Amendment

WARREN

Mapp v Ohio 1961

Ruled that evidence obtained in the violation of the Fourth Amendment cannot be used in court

Arose from a dispute in Ohio which police didn’t have a warrant and found large amounts of pornography

WARREN

Engel v Vitale 1962

Ruled that it is unconstitutional for school prayers in public schools

This violates the First Amendment

This was the basis for more cases such as Wallace v Jaffree which banned meditation in Alabama

WARREN

Gideon v Wainwright 1963

Under the Sixth Amendment right to counsel is a fundamental right

States must provide defence counsel should the defendant be unable to afford it

WARREN

Griswold v Connecticut 1965

Protected the right to Privacy

Connecticut law prohibited the use of contraception

Supreme court ruled that it violated the right to marital privacy

Does the constitution provide for a right to privacy specifically?

WARREN

Miranda v Arizona 1966

Ruled that the accused must be read their legal rights prior to questioning by the police

Basis is the fifth amendment which protects against Self Incrimination

WARREN

Roe v Wade 1973

Ruled that abortion was legal in the first trimester

Found on the right to Privacy under the due process clause of the 14th Amendment

Texas law made it illegal to assist a woman to get an abortion

Is this legislating from the Bench?

BURG

ER

United States v Nixon 1974

Ruled that no person not even the President is completely above the lawAlso ruled that the President cannot use executive privilege as an excuse to withhold evidence in criminal trials

Started the ball rolling on Nixon Impeachment

BURG

ER

Planned Parenthood v Casey 1992

Rules on abortion in Pennsylvania were challenged

The court upheld the right to an abortion but ruled that 1 out of 5 restrictions was unconstitutional

Pennsylvania State made patients go through many ‘hoops’ before an abortion

REHN

QU

IST

Clinton v City of New York 1998

Ruled that the Line Item Veto from the Line Item Veto Act of 1996 was unconstitutional as it gave the President power to amend legislation duly passed by Congress

43 States give Governors the power of Line Item Veto

Line Item Bill appeared in the House in Feb 2012

REHN

QU

IST

George W Bush v Albert Gore 2000

Votes in Florida were close Supreme Court ruled that manually recounting a precinct was wrong and the entire state must be recounted

Proper recounting by deadline of Dec 12 would be unconstitutional

Decision handed down on Dec 11

REHN

QU

IST

Gonzales v Carhart 2007

Court upheld the Partial-Birth Abortion Ban of 2003

It did not impose a burden on the ability to have an abortion as presented under Roe V Wade and Planned Parenthood v Casey

Shown as a turning in the conservatism of the Roberts Court

ROBERTS

National Federation of Independent Business v Sebelius 2012

Court upheld Affordable Care Act requiring Americans to purchase Health Insurance by 2014

Roberts ruled that a mandate to buy insurance was an exercise of Congress’ power to collect taxes

ROBERTS

Case VisualisationYear Case Year Case Year Case Year Case1953 Brown v BoE 1968 1983 1998 Clinton v NY1954 1969 1984 1999

1955 1970 1985 2000 Bush V Gore1956 1971 1986 2001

1957 1972 1987 2002

1958 1973 Roe v Wade 1988 2003

1959 1974 US v Nixon 1989 2004

1960 1975 1990 2005

1961 Mapp v Ohio 1976 1991 2006

1962 Engel v Vitale 1977 1992 PP v Casey 2007 Gonzales v Car1963 Gideon v Wain 1978 1993 2008

1964 1979 1994 2009

1965 Griswold v CT 1980 1995 2010

1966 Miranda v AZ 1981 1996 2011

1967 1982 1997 2012 NFIB v Sebelius

Hollingsworth v Perry 2013

California’s Prop 8 Case:CSC ruled Same Sex Marriage legal in 2008

Prop 8 Banned them

Opponents are seeking a court ordered expansion of traditional marriage Case is on-going – May appear

before the Court

ROBERTS

Judicial Synoptic Links

UK Judiciary are far less partisan and far less powerful Appointments go through Judicial Appointments

Commission rather than Senate or Parliamentary Hearings

Parliamentary Sovereignty undermines UKs judicial power

Can’t rule on constitutionality but only make a declaration of incompatibility

Judges must retire at aged 70

Session 3The Legislative Branch

of the US

The Legislative Branch

Constitutional RoleCompositionDifferences between HousesImportance of the PartiesRoles of CongressRelationship with

Government and Supreme Court

Congress & The Constitution

Congress is Article OnePowers outlined in this

are known as Enumerated powers

Section 8 – Final ClauseElastic Clause

If Article One references Congress surely it is the most

important branch?

Divides Congress into twoHouse of RepresentativesSenate

Bicameral System is known as the

Connecticut CompromiseHouse Elected via Popular Vote

Senate indirect elected until 1914

Concurrent Powers of Congress

Equal Legislative PowerOverride Presidential VetoInitiate Constitutional AmendmentsDeclarations of WarConfirm appointed Vice Presidents

Declared Wars

Elastic Clause

“to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested in this Constitution in the Government of the United States, or in any department or officer thereof”

Article 1, Section 8, Final Clause

House of Representatives

Make up of the House

435 Seats

200 Democrats

232 Republicans

3 Vacant

Each member represents a ‘Congressional District’States are given a number of districts in proportion to their populationHouse is presided over by the Speaker of the House

Key Demographics

Gender Balance: Male 82% Female 28%Ethnicity:African American 41Asian 7Caucasian 336Hispanic 27Not Stated 22Other 5

Powers of the House

Known as Exclusive Powers• Initiate Money Bills– Power of the Purse

• Impeachment– Voted to impeach Clinton in 1998

• Elect a President should the Electoral College Deadlock– John Quincy Adams elected President in Deadlock

Speaker of the House

• Presiding Officer of the House

• Second in Presidential Succession

• Leader of Majority party in the House normally becomes Speaker through ballot

• No requirement that the Speaker be a member of the House

John Boehner (R) Ohio 8th District

Role of the Speaker

Notably Partisan RoleSpeaker doesn’t typically debate or vote unless it’s closeResponsible for the passage o legislation and which will make it to the floor

Speaker normally designates to someone else to preside over the proceedings in the HouseResponsible for maintaining decorum in the House

House Leadership

John Boehner (R) Ohio 8th District

Eric Cantor (R)Virginia 7th District

Nancy Pelosi (D)California 12th District

Speaker Majority Leader Minority Leader

Majority & Minority Leaders

• Elected via closed door party caucus every Congress

• Represent the Party • Liaison between

Congress and White House

• Day to Day director of Operations on the House Floor

Leaders More Important in The Senate

Running for the House

Elections are every 2 years (all elected)

US Citizens for 7 years

Must be a resident in representative stateCandidates must be at least 25 years old

Some states may impose a locality rule

You need to first secure the nomination from your PartyYou may need to win a Primary Election You May be challenged as an incumbent

Congressional Districts

The House has 435 SeatsThese are given to states depending on

population, roughly 700,000 people in each district

Every 10 years after a census the number is changed per state

Congressional Districts

Gerrymandering

• Gerrymandering is a form of redistricting in which electoral districts boundaries are deliberately modified for electoral purposes, thereby producing a contorted or unusual shape.

CGP Grey Explains:•Gerrymandering

Gerrymandering

Negative: when used to allege that a party is gaining disproportionate power – packing districts with hardcore support form one party, creating wasted votes.Positive: producing a proportion of constituencies with an African-American or other minority in the majority (these are then called "minority-majority districts").

Some Brilliant Gerrymandering

US Senate

Make up of the Senate

100 Seats

53 Democrats

45 Republicans

2 Independents

Each member represents a StateStates are allocated 2 Senators eachThe two Independents caucus with the Democrats, thus bringing Democrat majority to 55

Key Demographics

Gender Balance: Male 80% Female 20%Ethnicity:African American 2Asian 1Caucasian 93Hispanic 2Not Stated 2

Voting in the States

1 from each Party Both Democrats Both Republicans 1 Ind. & 1 Dem 1 Ind. & 1 Rep

Running for the Senate

Elections are every 2 years (1/3 of Senate)

US Citizens for 9 years

Must be a resident in

representative state

Candidates must be at

least 30 years old You need to first secure

the nomination from your PartyYou may need to win a Primary Election You May be challenged as an incumbent

Powers of the Senate

Exclusive PowersConfirm Appointments– Supreme Court Nominees, Executive

Appointments

Ratify Treaties– Failed to ratify 1919 Treaty of Versailles

Try in Cases of Impeachment– 1998 Bill Clinton

Elect VP in Case of Electoral College Deadlock

Senate Leadership

Patrick Leahy (D)Vermont

Harry Reid (D)Nevada

Mitch McConnell (R)Kentucky

President Pro Tempore Majority Leader Minority Leader

Filibuster

A device by which a Senator or Group of Senators can attempt to talk a bill to death by using delaying tactics.

Strom Thurmond 1957 Filibustered a Civil Rights Bill for 24hrs 18mins

Rand Paul 2013Attempted to stop John Brennen’s appointment as CIA Director: 12hrs 52mins

Power is derived from a Senator’s right to unlimited debate

If 3/5 of the House vote to end a filibuster it is known as a Cloture Motion

Which is Better?

Senate• Longer terms• Represent entire state• Easier to achieve more public

recognition• More powers• Trying the accused• More committee places• Projection to a Presidency• Vote is worth more so bargaining

more common• More likely to get a piece of the

action

BUT! • House Controls money bills

‘Power of the Purse’• Equal pay• Equal legislative power

DEMOCRATSLast 15 Vice Presidential Nominations: 14 were Senators

Passage of a Bill in Congress

• Concurrent Passage through Congress– Through both House and Senate

Problems:• Concurrent Passage means there will be

differences

First Reading

A formality – There is no debate and no voteTypically thousands of bills are introduced

Committee Stage

Congressional Standing Committees decide on which bills they are going to ‘hear’Many bills will not get a hearing and are said to be ‘pigeon holed’Pork Barrelling happens in this stageCommittees are normally filled with experts or specialistsBills may die if they can’t get reported out such as Clinton’s Healthcare Reforms

Timetabling

House of RepresentativesThe House Rules Committee makes the decisions on which Bills make it to the floor and how long they will be debated for.

SenateThis is done by Unanimous Consent AgreementMeaning Senate Leadership agree on which bills will make it to the floor

Second Reading

House of RepresentativesMembers debate and vote on the bill in the form that comes from the committee

SenateMembers debate and vote on the bill in the form that comes from the committeeHere a bill may end up being filibustered

Third Reading

House of RepresentativesFinal opportunity to debate the bill. Debate would tend to small before the vote

SenateFinal opportunity to debate the bill. Debate would tend to small before the vote

Conference Committee

Due to concurrent passage of the bills different bills will be produced. A conference committee was typically used to reconcile the two bills.Typically only 10% of bills go this route now

Congressional Leadership now typically reconcile the bill.

Presidential Action

3 OptionsSign Bill in to LawLeave it on the Desk – Becomes law after 10 daysVeto – Sent it back to CongressPocket Veto – within the last 10 days of Congress an unsigned bill will die

Congressional Committees

Most important part of the Legislative Process

Members of Congress will seek assignment to committees so they can get pork projects for their constituentsWashington State members will seek Defense Committee seats

Unlike the UK the committee stage is before the 2nd Reading

Functions of CommitteesBranch of Congress Function

Senate & House Conduct the Committee Stage in the passage of a billE.g. 1993 Bill Clinton’s Healthcare reform

Senate & House Conduct investigations into the area of that committeeE.g. Senate Foreign Relations Committee – NATO Enlargement

Senate ONLY Confirm some appointments such as Supreme Court Judges, Cabinet PostsE.g. Robert Bork or Clarence Thomas

House Rules Committee

The Traffic Cop of the HouseIt’s job is prioritising the bills for votes on the floor of the HouseIt can attach time limits and rules to the debates of a bill13 Members

9 Majority Party4 Minority Party

Pete Sessions TX (R)

Select Committees

Known as ‘Special’ or ‘Investigative’Formed on an ad hoc basis for a particular issueTend to investigate an issue that would either:a) Take up too much time in standing

committeeb) Come under many different

committees

Iran-Contra or 9/11 are notable examples

Committee Chairs

Always come from the Majority PartyUsed to be done by Seniority RuleNow elected through secret ballots

6 year term limits imposed by Republicans in the 1990s

Seniority Rule: Chairs of congressional standing committees will be from the majority party and be the longest continuous service on that committee

Why is Party Discipline so weak?

“Lack of Tasty Carrots and Sizeable Sticks”

On Capitol Hill the Lobbyists and Electorate rule

Congressmen generally pay a lot of attention to what the folks back home say, they are very concerned with getting themselves re-elected

Interest Groups play a massive part in this

Legislative Synoptic Links

UK is an unbalanced bi-cameral systemParties are far more dominant (whipping)Members of the Executive are in the Legislature Legislative process is slightly different

Session 4The Executive Branch

of the US

The Executive Branch

Constitution & Executive Branch

Presidential PowerLimitations & ConstraintsPower and Influence:

Cabinet EXOP

Federal Bureaucracy & Federal Agencies

Executive & The Constitution

Found in Article 2All executive power is

vested in one President

Commander in ChiefCabinet not a requirement

Electoral College outlined Term limits added via amendments

Some Key Presidents

George Washington•First President •Bill of Rights•Two term conventionAbraham Lincoln•Abolished Slavery•President during Civil War

Franklin D Roosevelt•Longest serving 12 years•The New Deal

Richard M Nixon•Watergate•New Federalism

Ronald Reagan•Iran-Contra Affair•Robert Bork – SC Nominee

Bill J Clinton•Failed Impeachment•Failed Healthcare Reform

Some Key Presidents

•9/11•Anti terror legislation•Education & AIDS•War on Terror•2008 Financial Crisis

George W Bush

•Obamacare•Gun Control•Immigration Reform•Osama Bin Laden•Bailouts

Barack H Obama

Role of the President

Head of State

Chief Diplomat

Chief Legislator

Commander in Chief

Chief Executive

Increasing Role of the President

Only national political institution that can act quickly and decisively in times of crisis

Only nationally elected politician – claim a mandate

EBBS AND FLOWSCrisis – Flows towards POTUSPeace – Congress Reasserts itself

Powers of the President

• Propose Legislation– Bush – No Child Left Behind

• Submit the Annual Budget• Sign Legislation• Veto Legislation

– Bush Stem Cell Research• Act as Chief Executive• Nominations Chief• Commander in Chief• Negotiate Treaties • Pardon

Power of Veto

Presidents can veto legislation, i.e. not make it lawStandard Veto

Sends it back to CongressPocket Veto

Doesn’t sign within last 10 days of CongressLine Item Veto

Power to veto certain parts of legislation, ruled unconstitutional by Clinton v New York 1998

The Power to Persuade

Why only persuade:Cabinet is not a reward to Congress due to the separation of powers Lack of an honours system in the US unlike the UKCan’t remove the whip

Who Persuades: VP EXOP (Office of

Legislative Affairs) Party Leadership Interest Groups

Neustadt:Presidential Power is the Power to Persuade

The President Persuades

Sometimes the Presidents wades into the persuasion personally

Phone CallsBudget Vote 1993 Clinton rang Marjorie Margolies

Mezvinsky to get her to cast her voteSupport LegislationCampaign in District

Only if Popular!!!!

Vice President of the United States

Vice President

The most insignificant office that man has ever imaginedJohn Adams (1733 – 1826) – First VP

First Vice President’s were the people who came second in a Presidential Race

The role as moved on since its formation in the early days

Modern VP Candidates

VPs chosen through a Joint Ticket System

A balance ticket is often crucial in electionsBalance can be in the form of Experience, Ideology, Age, Region.

Are race and gender now important as well?

Enumerated Powers of the VP

Presiding Officer of the Senate•Votes in Senate Deadlocks•Cheney voted to protect Bush's $1.6bn tax cut

Announces Electoral College Votes•January 2001 – Al Gore announces his own defeat

First in line of Succession•If President dies, resigns or is removed from office•Has happened a total of 9 times

Acting President•25th Amendment: Cheney was President for 2 hours whilst Bush was sedated

However... Powers have IncreasedSince Eisenhower the Vice Presidency has been a breeding ground for PresidentsMany distinguished politicians battle for the role – Bush Senior, Joe Biden

Presidents give VP more responsibility and some become advisorsVPs now see daily intelligence briefings and all have an office in the West Wing

Additional Powers

VPs are now a major spokesperson for the administration– Gore: Environment– Cheney: Foreign Policy

The VP is a major fundraiserVPs can play the ‘Washington Insider’ guiding POTUS

Cheney as Vice President

Portfolio Contained the Iron Issues Economic Issues Security Issues Energy Issues Party Caucus

The Most Powerful Vice President in History

The President and I have a different understanding

Biden as Vice President

Less powerful relatively than Cheney

Focus on Foreign Policy

Washington Insider Senate Judiciary

Committee 36 years as a Senator

He was the Second poorest member of Congress

The US Cabinet

15 Heads of Department+ Vice President+ Director of OMB

No constitutional requirement

StateJohn KerryTreasuryJack LewDefenseChuck HagelAttorney GeneralEric Holder

The advisory group selected by the President to aid him in making decisions and coordinating the work of the Federal Government. Membership is at the pleasure of

the President

Frequency of Meetings

Varies between President to President.

Reagan in his first year held 36 Meetings

Meeting number tends to decline towards an election year as election demands eat into his time

George W Bush’s MeetingsYear Frequency

2001 9

2002 5

2003 8

2004 6

2005 5

2006 6

2007 4

2008 5

2009 1

Functions of the CabinetFor the President

Team Spirit

Consensual

Information Gathering

Debate

Big Picture

See all Departments

Functions of the CabinetFor the Cabinet

Get to know

Resolve Disputes

Contact Points

Catch the President

Increased Standing

Cabinet Synoptic Links

UK:Cabinet members sit in the legislature Cabinet posts are part of the PM’s powers of PatronageMPs want to be in CabinetCollective Ministerial Responsibility

USA:Cabinet members must only be in the executiveNot a reward, more of a final posting before retirementNo Collective Ministerial Responsibility

Federal Bureaucracy

Similar to the UK Civil Service the Federal Bureaucracy is the back bone of the US Government. They carry out policy and work out the finer details of the bills passed by Congress

2.7million employees

$13.8 billion payroll

11% of employees in

DC

Roughly 900 Departments

Unelected, Administrative Body in the Executive Branch, set out into departments agencies and commissions. They carry out policy on a day to day basis.

Federal Bureaucracy

Executive Departments

Department of the

Treasury

Executive Agencies

Federal Bureau of

Investigation

Independent Regulatory

Commissions

Federal Election

Commission

Government Corporations

United States Postal Service

Problems with the Bureaucracy

Clientelism

• Agencies serve the interests of those the are supposed to be overseeing• Lap Dogs rather than Watchdogs

Imperialism

• Agencies seek to expand their own power at the expense of other agencies • Turf Battles

Incrementalism

• Agencies may act slowly and cautiously, with a nature to resist change• Argument very similar to the UK Civil Service

Iron Triangles

Strong relationship between three political bodies• Interest Groups• Congressional

Committees• Agency

Generally considered as having a negative impact on policy

Iron Triangles Example

Department of Defense

Defense Committees

Defense Contractor

Elec

tion

Dona

tions

Support for Dept.

Favours and Less Regulation

Support Dept.

Low

Reg

ulati

on

Low

Ove

rsigh

t Execution of

Policy

Executive Office of the President

Executive Office of the President

Formed in 1939 as a result of the Brownlow Committee

“The President Needs Help”

Expansion of Federal Government

Top staff agencies in the White House that give the president advice and support in his role. It focuses on coordination,

personnel management and advice giving

Executive Office of the President

Office of Management and

Budget

National Security Council

White House Office(The West Wing)

White House Office

Most trusted advisors and aides

Chief of Staff

Press Secretary

Director of Communications

Cabinet Secretary

White House Office

Liaison between President and Federal Bureaucracy and Cabinet

Liaison between President and Congress Screening of Telephone calls Screening of Documents Advisory Role Draw up Presidential Schedule ‘Lightening Conductors’

Remember this is just the Public Schedule,WHO will create a more private one

White House Office Staff

President chooses them

‘Honest Brokers’

Staff should be following the Presidents Agenda,Not their own, like Sununu may have been

Should not be in the media spotlight

The Chief of Staff

Head of EXOPMost Crucial Role‘Deputy President’Gate Keeper to the Oval

Protect the interests of the President and advise him accordingly

A Chief of Staff’s power is will depend on how strong they are

Denis McDonough

The Chief of Staff

Bob Halderman• Richard Nixon

John Sununu• George H W Bush

Mack Mclarty• William J Clinton

Leon Panetta• William J Clinton

Andrew Card• George W Bush

Rahm Emanuel • Barack Obama

Office of Management and Budget

Created by Nixon in 1970

Oversees the spending by all Federal departments and agencies

Advises the President on the allocation of Federal Funds

Director is the only Senate confirmed position within EXOP.

National Security Council

Headed by National Security Advisor

Nixon politicised the way in which worked, running Foreign Policy through Kissinger from the West Wing

Clinton returned it to its honest broker role

EXOP v Cabinet

From EXOP Perspective

Regard Cabinet as too distant and disloyal from the President

From Cabinet Perspective See EXOP as too close

and too loyal to the President

Large rivalries existed during the Nixon Years as EXOP ran Foreign Policy with Henry Kissinger as National Security Advisor instead of the State Department

Why?

NSA Office

Why?

US State Department

White House

1.7 Mile Journey between the twoNSA – 30 seconds from the Oval

An Imperial President?

Term Originates from the 1970s by Schlesinger

Focuses on abuse of power by Johnson and Nixon

EXOP becomes the Court of an Emperor

Why?

Executive branch dominates over the other branches

Presidents craft Foreign Policy as Commander in Chief and use the vagueness of the Constitution to go to War

Johnson and Nixon personified this

Evidence

1964 Gulf of Tonkin Resolution giving Johnson a ‘blank cheque’ for Vietnam War

Nixon – Wire tapping, bombing of Laos and Cambodia, executive privilege claims

Imperilled Presidency

However it can be imperilledPresident Ford is a good example• Lack of Party leadership in Congress• Unable to control Federal Bureaucracy

A principal weakness in the presidency is the inability of the White House to maintain control over the large federal bureaucracy. G . Ford

‘Bifurcated’ presidencyIt can be argued that the presidency is almost like two separate roles, with different levels of power:• Foreign policy – almost unchecked power• Domestic policy – hugely constrained by Congress

• So is Congress ‘too effective’ a check and balance domestically, yet too weak on foreign issues?

Clinton was easily able to send troops to Bosnia and Kosovo, whilst he couldn’t pass his healthcare bill

However!There are contrasting examples too; • Foreign policy – Congress dried

up funds for the Vietnam conflict under Ford (power of the purse)

• Domestic policy – FDR was able to pass much legislation in the 1930s (New Deal), as was Johnson (Great Society)

George W BushYes No

Presidential Authority – Only response in War on Terror

Congress refuses to extend Patriot Act

Many in Administration saw Congress as below the White House in National DefencePassing of Anti Terror Legislation (Patriot Act)

Executive Synoptic LinksUK Fusion of Powers vs US Separation of Powers Importance of CabinetUK PM stronger domestically than US PresidentUS President stronger on foreign policy than UK PMUK PM has bigger sticks and tastier carrotsUS Term limits vs no limits on PM tenureUK PMs can be presidential whereas US President’s can be

imperial

Exam success is not a lottery!

Know your terms

Know the Articles

Know the Examples

Answer the question, the whole question and nothing but the

question

Good Luck

Monday 10th June09:00