NEED TO KNOW: Unit 4
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Transcript of NEED TO KNOW: Unit 4
INSTITUTIONS OF GOVERNMENT
NEED TO KNOW: Unit 4
CONGRESS
Chapter 13
Congressmen
Mostly older, white, males (but trends are changing)
Roles Legislator Representative Servant (Case Work) Committee Member Politician
Voting Philosophy Trustee/Attitudinal Delegate/Representative Partisan/Organizational Politico
Powers of Congress
Money & CommerceWar Powers
Declare War, Raise & Regulate Military, Power of the Purse
Non-Legislative Powers Electoral duties, impeachment, investigation, propose
amendmentsExecutive Powers (held by Senate)
Approve Treaties and AppointmentsCongressional Oversight
Organization
Leadership In HoR, Speaker most powerful In Senate, MAJORITY Leader most powerful Seniority very important
Majority Party has all real power Choose leaders Set agenda Committee Chairs
Caucuses – growing rival to parties Groups of Congressmen who represent similar interests
Staff Agencies – Help Congress CBO, GAO
Committees
Where most work in Congress is doneDivide up workload, Job SpecializationTypes of Committees
Standing, Select, Joint, ConferenceSome Committees more important
HoR – Ways and Means, Rules, Appropriations Sen – Appropriations, Judiciary, Armed Services
House Rules Committee Sets limit for debate and decides what types of
amendments can be added (if any) – VERY POWERFUL Open Rule, Restrictive Rule, Closed Rule
House of Representatives Senate
SIZE 435 Members 100 Members
Constituency Small – People of District
Big – People of State
Term of Office 2 years 6 years
Representation Based on…Population Equality
(2 per state)
Requirements25 years old7 years citizen
30 years old9 years citizen
LeadersSpeaker of the House
Senate President Pro-Tempore
Role During Impeachments
Impeachment:Bring Charges
Try Impeachments:Serve as Jury
Unique PowersRevenue Bills
Approve Treatiesand Presidential Appointments
PRESTIGE
Less Prestigious House
Less Media Attention
More Prestigious House
More Media Attention
House of Representatives Senate
Committee Assignments
1 Major – Policy Specialists
Multiple Major – Policy Generalists
Floor Debate Rules Committee limits Debate
No Limit - Filibusters
Scheduling of BillsDone by Speaker & Rules
Committee
Done by Majority & Minority
Leaders
How a Bill Becomes a Law
Can start in either house (except revenue bills)Assigned to committee
Hearings, and possible amendments (riders)Reported out of committeeDebated by entire house (different rules for each house)
Senate – Filibuster and Cloture, Double-TrackingIf passed (majority), goes to other house – same process
Voice Vote, Teller Vote, Roll-Call VoteIf passed, Conference CommitteeFinal Version to Prez
4 Options Sign = law Veto = back to original house, 2/3 of both houses can override Wait 10 days if Congress is in session = law Wait 10 days if Congress is adjourned = pocket veto (no override)
PRESIDENT
Chapter 14
Presidency
Requirements – 35 years old, 14 years resident, natural born citizen
Term of Office – 4 year term, 2 terms maxSuccession
Outlined by 25th Amendment VP, Speaker of HoR, Sen Prez Pro-Tem, Cabinet Positions by
date of creationPresidential Power grows in times of CrisisPopularity important and hard to maintainAccess to Media can help Prez push agenda The 3 Audiences – Politicians in DC, Activists, Public
Roles of President
Commander-in-ChiefChief DiplomatChief of StateChief of PartyChief LegislatorChief AdministratorChief ExecutiveChief Citizen
Powers of President
Executive Powers Executive Orders
Military/Foreign Powers Commander-in-Chief, Treaties, Recognition
Legislative Powers Propose Legislation (SOTU), veto power
Judicial Powers Pardons and Reprieves
Formal Powers vs. Informal Powers Informal Powers often come from President’s access to
media
Executive Branch
White House Staff (helps Prez day-to-day) Chief of Staff
EOP (Exec. Office of Prez) OMB
Cabinet Headed by Secretary Job Specialization
Independent Agencies Independent Executive Agencies (NASA, EPA) Independent Regulatory Commissions (Fed, SEC, FCC) Government Corporations (Amtrak, Post Office)
THE BUREAUCRACY
Chapter 15
The Bureaucracy
Large, Complex structure that runs day-to-day business of an organization
Appointed, not electedHierarchyToday’s Bureaucracy is huge and growing.Carry out Congressional Laws
Discretionary Authority Iron Triangles & Issue Networks
Appointment of Bureaucracy
Competitive Service Based on Merit Must take test
Replaces Spoils System Pendleton Act (After assassination of James Garfield)
Demographics Largely representative of America as a whole At top levels, very unrepresentative
Bureaucrats hard to fire
Checking the Bureaucracy
Problems of Bureaucracy Red Tape, Waste, Conflict
Legal ConstraintsCongressional Control
Oversight, Authorization, Appropriation, Investigation, Committee Clearance
Presidential Control Firing (sometimes), Reorganization
JUDICIAL BRANCH
Chapter 16
Federal Court System
Dual Court System – Fed & StatesSupreme Court, Constitutional Courts,
Special Courts 94 District Courts; 12 Circuit Courts of Appeals
Jurisdiction District = original, Appeals = appellate, SC = both
Prez appoints Judges; Senate Confirms Senatorial Courtesy for lower courts Litmus Test
Life Term – free from political pressure
The Court in Action
Getting to Court Fee-Shifting, In Forma Pauperis, Class-Action Suits
Which cases to hear Rule of 4 – Writ of Certiorari (SC will hear case from
lower court) Very few cases heard each year
Trial Process Briefs
Amicus Curiae Oral Arguments Conference
Court Decisions
Opinion of the Court Concurring Opinion Dissenting Opinion
Philosophy Stare Decisis – Let the decision stand Judicial Restraint vs. Judicial Activism
PrecedentRecent Courts
Warren Court (60s) – Very Liberal Berger/Rehnquist Courts (70s, 80s, 90s) – Conservative Roberts Court (200os) – Back and Forth
Court Cases to Know
INS v. ChadhaUS v. Nixon