Post on 25-Dec-2015
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HOW CONGRESS IS ORGANIZED
Terms of Congress Congress, “First Branch of this Government” Article One of Constitution provides Congress
powers Every year 535 members of Congress meet in
Washington, D.C. A term of Congress starts every other year on odd
numbered years, lasts for two years total Each term divided into two sessions, a typical session
of Congress lasts from January until November Special sessions may meet in times of crisis, joint
session occurs when the House and Senate meet together, i.e. the State of the Union address
HOW CONGRESS IS ORGANIZED
A Bicameral Legislature The House of Representatives
435 voting members based on population of states, Every 10 years a census taken by the Census Bureau
to adjust the representatives from each state States divided into one or more congressional districts,
one representative elected from each district State legislatures design the districts to include the
same number of constituents, or people represented States sometimes abuse this by gerrymandering,
designing a district to increase voting strength of a particular group
Representatives serve two year terms, focus mainly on concerns of individual district while senators focus largely on the state as a whole
HOW CONGRESS IS ORGANIZED The Senate
The Senate has 100 members, 2 from each state
Senators serve 6 year terms
Elections are staggered throughout the country so that no more than 1/3 of the senators are up for election at any one time
Who are Arkansas senators?
HOW CONGRESS IS ORGANIZED Congressional Leaders
Political party of more than half the members of the House and Senate, known as the majority party
The Speaker of the House is most powerful leader with the House of Representatives, in charge of guiding legislation, moderating floor debates, third in line for the presidency
Senate’s leader vice president, rarely attends sessions unless to vote in case of a tie
The chair person of the Senate is the president pro tem, position is more ceremonial rather than influential
Floor leaders have most power; make sure that Congress passes laws that are in the best interest of their own political parties, try to sway votes
Helped by the party whips who keep track of where party members stand on the issues
HOW CONGRESS IS ORGANIZED Types of Committees
Standing Committees continue their work from session to session (p.142)
The Senate-16, House-19 Select committees created
to do a specific task for a limited time
Joint committees include members from House and the Senate
Conference committees helps the House and Senate agree on the details of a proposed law
To get on a committee, the congressman must have seniority
Longest serving members serve as chairs, most powerful members of Congress
Criticism talented people can be overlooked
The Powers of Congress
Expressed Powers Powers of Congress -first 17
clauses of Article I, Section 8 Section 8, Clause 18 gives
Congress the authority to do whatever is “necessary and proper” to carry out the expressed powers, the powers of clause 18 are called implied powers
Clause 18 is called the elastic clause because it allows Congress to stretch its powers to meet new needs
Primary jobs of Congress create laws, spend and budget money
The Powers of Congress
Taxing and Spending To pay for the gov’t and the services it
provides, Congress collects taxes All tax bills must start in the House of
Representatives, Senate must approve and the president must sign off on it
Two step process 1. Authorization bills create projects,
establish how much money can be spent on them
2. Appropriation bills provide the money for each program or activity
o Government agencies can’t spend money without congressional approval
The Powers of CongressRegulating Commerce Article I, Section 8, Clause 3,
gives Congress the power to regulate trade among the states as well as make laws dealing with air traffic, radio, railroads, T.V., etc.
It also gives them the power to regulate foreign trade
Foreign Relations and Treaties Congress can declare war and
has the power to create, maintain, and oversee an army and navy
The Senate must approve any treaties made with other countries
The Powers of CongressNonlegislative Powers Power of Approval and Removal Propose constitutional amendments Counts electoral votes and checks other branches
of government Senate approve/ reject presidential nominations
(Supreme Court, Cabinet) Congress can remove any federal official who has
committed serious wrongdoing House has authority to impeach: accuse officials of
misconduct in office, If a majority of the House votes to impeach an
official then Senate acts as jury and decides by a 2/3 vote whether to convict and remove the person from office
Only two presidents have been impeached, Andrew Johnson and Bill Clinton,both were tried and acquitted by the Senate
Oversight and Investigation Congress can conduct investigations and monitor
the effectiveness of programs, i.e. agricultural programs, investigations on scandals, etc
The Powers of Congress
Limits on Power Congress may not pass laws that violate the Bill of
Rights Congress may not suspend the writ of habeas
corpus, requires police to bring person in front of judge and explain why they are being charged
Prohibited from passing bills of attainder, laws that strip a person of civil rights or property
Congress may not pass ex post facto laws, these are laws that make an act a crime after the act has been committed
Cannot interfere with powers reserved for states Supreme Court has the power to check Congress by
declaring laws established by Congress unconstitutional President can veto bills passed by Congress, they can
override it with 2/3 vote
Representing the People
Requirements and Benefits of Congress Senator
30 yrs old, 9 yrs citizenship, & live in state Representative
25 yrs old, 7 yrs citizenship, live in state Not required, but traditionally live in their district
About ½ lawyers Almost all have college degrees, active in
community, past political experience
Representing the People
Members of Congress receive an annual salary of $169,300
Receive free office space, parking, and trips home
Franking privileges- sending job related mail w/out paying postage
Congress also grants its members immunity, or legal protection, in certain situations
Representing the People
Personal Staff Run DC & home offices Gather info, arrange mtgs, write speeches,
handle voter requests, deal with reporters & lobbyists, work for reelection
Interns – research & office duties Pages – errands
Committee Staff For all committees & subcommittees Most have expert knowledge View job as working for committee Draft bills, gather info, organize hearings,
negotiate w/lobbyists Basically, they keep the process moving.
Representing the PeopleSupport Services Congress has several agencies
to support its work Library of Congress as a
source of info, the Congressional Research Service (CRS) looks up arguments for and against proposed bills
The General Accounting Office (GAO) reviews spending activities of federal agencies, studies federal programs, recommends ways to improve financial performance
Congressional Budget Office (CBO) provides Congress with info for making budget decisions; it estimates costs and economic effects of programs
Representing the People Lawmaking
Making Laws Casework
Working on the problems of their constituents; requests are usually about 10,000 per year
Anything from legal trouble to financial problems usually handled by the staff
Helping the District or State Members work to give constituents a
share of the trillion of dollars spent by the gov’t each year
Public projects, etc. that could bring money for the congress member’s state or district
Gov’t projects and grants that primarily benefit the home district or state are known as pork-barrel projects
HOW A BILL BECOMES A LAW
Types of Bills 10,000 Bills introduced during
Congress, only a few hundred pass become laws
2 categories of bills: Private- concern individual people
or places Public- bills apply to the entire
nation like taxation, civil rights, or terrorism
Congress also considers resolutions (formal statements expressing lawmakers’ opinions), joint resolutions- passed by both houses of Congress, can become law
HOW A BILL BECOMES A LAW
From Bill to LawIntroduction of Billso Bills often recommended by
lobbyists, special interest groups, and constituents
o Bills can only be introduced by Senators or Representatives, the bill is then given a title and a number (S- Senate, HR-House of Reps.)
o The bill is then sent to the standing committee that is qualified to handle it
HOW A BILL BECOMES A LAW
Committee Action Committee chairperson decides which bills are given
consideration, which ones are ignored If chosen committee can do the following:
1) Pass bill without changes
2) Edit bill with changes, suggest that it be passed
3) Replace original bill with a new alternative
4) Ignore the bill and let it die, called “pigeonholing”
5) Kill the bill by majority vote When a committee is against a bill, its chances
of survival are slim
HOW A BILL BECOMES A LAWFloor Debate Bills approved in committee go back to
House or Senate for consideration, put on a calendar for debate
House has a Rules Committee controls when bill is heard; priority to certain bills ,kill a bill by not letting it on the floor
When it gets to the floor, Congressmen argue pros and cons of bill and may add amendments
Unrelated amendments called riders The House has limit on the length of
the debate, Senate does not, Senators can discuss bill until it is dead, called filibuster, can be ended by cloture, which rarely happens
HOW A BILL BECOMES A LAW
Voting on a Bill After debate, the House and Senate vote Voice Vote: members say yea or no Standing vote: those in favor stand Roll call vote: In senate, voice votes in turn If the bill passes either the house or senate it
then goes to the other branch to be voted on Has to be passed in identical form by both
houses, if not it goes to conference committee
HOW A BILL BECOMES A LAW
Presidential Action If bill passes both House
and Senate, goes to the President for approval
He can either:
a. sign the bill to make it a law,
b. veto the bill
c. pocket veto (waits 10 days ,hopes Congress will adjourn so they cannot override his veto)
The President and the Vice PresidentQualifications for President
1) 35 years old
2) Native-born “American” citizen
3) Resident US for at least 14 years Presidential Trends All but one have been Protestant
Christian Most have college degrees Many were lawyers, most came
from states with large populations
Past 50 years office has been open to wider groups of people (women, non-Protestant, African Americans)
The President and the Vice President
Electing a President Presidential elections every 4 years,
Constitution does not provide for direct elections
System based on the electoral college
Each state appoints electors, who then vote for one of the major candidates
When you vote for president, not voting for president, but elector who pledges to vote for the candidate
Electoral votes total of its U.S. Senators and Reps. (AR 6, CA 55)
Candidates need 270 of 538 electoral votes to win the presidency
The President and the Vice President Term of Office
Until 1951 no limits on how many terms President could serve
Term lasts 4 years 22nd Amendment (1951) limits president to 2 terms
or maximum 10 yrs if began during another President’s term
Salary $400,000 a year plus travel expenses, lives and works in the White House
Staff of 80 takes care of the President, family Camp David in Maryland which serves as a retreat The President has many methods of paid travel
The President and the Vice President
Vice President Qualifications are the same as the President Vice Presidents rarely in the public eye,
purpose head of Senate, be prepared to take over if something happens to the President
9 Vice Presidents have taken over in U.S. History
John Adams: “I am Vice President. In this I am nothing, but I may become everything.”
The President and the Vice President
Presidential Succession 8 Presidents have died during office, the Constitution
states vice president will take on the “powers and duties” of the presidency
1947, Congress passed the Presidential Succession Act, line of succession after the vice president
1) President 2) Vice President 3) Speaker of the House 4) President Pro Tem 5) Secretary of State 6) Order Cabinet post created
The President and the Vice President
25th Amendment (1967) President leaves or dies, the vice
president becomes president, chooses another VP
Gives VP a role in determining whether a president is disabled or unable to do the job
Only been used three times VP Spiro Agnew resigned in 1973 and
Pres. Nixon replaced by Gerald Ford who replaced Nixon as president in 1974
1985 Ronald Reagan needed surgery, told Congress he couldn’t lead, VP George H.W. Bush assumed the presidency for about 8 hours
The President's JobConstitutional Powers Executive Power –described in Article II Main job is to carry out the laws passed by
Congress Other powers/ duties:
1. Veto bills passed by Congress
2. Call Congress into special session
3. Commander in chief
4. Receive leaders, officials of foreign countries
5. Make treaties
6. Appoint heads of executive agencies, federal court judges, ambassadors, and other gov’t officials
7. Pardon people convicted of federal crimes
8. State of the Union address every year discusses the most important issues facing nation
The President's Job
Roles of the President Chief Executive In charge of 15 cabinet
departments and 3 million workers of the federal government
Gives executive orders (rule or command that has the force of law), executive orders deal with big issues (integration of the armed forces in 1948)
Appoints judges to the Supreme and federal courts, pending Congressional approval
Power to pardon, reprieve, or give amnesty
The President's Job Chief Diplomat- directs foreign policy toward other
countries, decides how the U.S. will act Commander in chief of all armed forces President and Congress share power to declare war,
Congress has only declared war 5 times, president has sent troops into action overseas more than 150 times
1973 - War Powers Resolution -president must notify Congress within 48 hours when troops sent to battle, must be brought home after 60 days unless Congress gives approval for them to remain longer
The President's Job Legislative Leader Influences Congress with
legislation that he would like to see passed
Makes speeches to build support for his program and campaigns to get his ideas supported by Congress
Head of State- President is living symbol of the nation,
The President’s Job
Economic Leader- President plans the federal government’s budget
Party Leader- gives support to fellow party members by giving speeches, help them in campaigns, raising money
Making Foreign Policy A nation’s overall plan for dealing
with other nations is foreign policy
1. National security (keep country safe from attack)
2. International trade3. Promoting world peace4. Promote democracy, preserve
basic human rights, encourage peaceful governments
o Works with the State Department, Defense Department, the Central Intelligence Agency, and the National Security Council
Give the president advice on foreign relations
“The State Department wants to solve everything with words and the generals with guns”-President Lyndon Johnson
Making Foreign Policy
Tools of Foreign Policy Creating Treaties and
Executive Agreements The Senate must approve treaties
by a 2/3 vote President can go around the
Senate by issuing an executive agreement
Appointing Ambassadors: the president appoints ambassadors (representatives to countries that the U.S. recognizes)
Foreign Aid: assists other countries in times of crisis by providing support
International Trade: makes agreements with other nations about what products traded and the rules for trading; issues trade sanctions or embargos on countries
Military Force: send troops to foreign countries even if Congress has not declared war
Presidential Advisers and Executive Agencies
Executive Office of the President
Created 1939 by FDR White House Office 500 people work directly for the
President Most powerful the chief of
staff, assistant for domestic affairs, lawyer to the president, press secretary
White House Office screens the flow of information and people trying to reach the President
They decide who gets to speak to the President
Presidential Advisers and Executive Agencies
Office of Management and Budget (OMB) Prepares federal budget, monitors spending by
hundreds of government agencies National Security Council (NSC)
Helps the President coordinate military, foreign policy Members include the vice president, secretary of state,
secretary of defense, chairman of the Joint Chiefs of Staff group of the top commander of each of the armed forces
The NSC supervises the CIA which gathers information about gov’ts of other countries
Presidential Advisers and Executive Agencies
Council of Economic Advisers (CEA)
President names members, Senate approves them
Give president advice about economic matters (employment, tax policy, inflation, and foreign trade)
Presidential Advisers and Executive Agencies
Cabinet – group of presidential advisers, not specified in Constitution, head of 15 top level executive departments
Developed over time through custom and usage
Make important policy decisions Meet when president finds necessary Heads of departments must be approved by
senate
Cabinet Positions
Department of State Plans and carries out the
nations’ foreign polices Department of the
Treasury Collects, borrows, spends,
and prints money Department of Defense
Manages the armed forces Department of Justice
Responsible for all aspects of law enforcement
Department of the Interior Manages and protects the
nation’s public lands and natural resources
Department of Agriculture Assists farmers and
consumers of farm products Department of Commerce
Supervises trade, promotes U.S. tourism and business
Department of Labor Concerned with the working
conditions and wages of U.S. workers
Cabinet Positions
Department of Health and Human Services Works for the health
and well-being of all Americans
Department of Housing and Urban Development Deals with the special
needs and problems of cities
Department of Transportation Manages the nation’s
highways, railroads, airlines, and sea traffic
Department of Energy Directs the energy plan
for the U.S.
Department of Education Provides advice and
funding for schools Department of
Veterans Affairs Directs services for
veterans Department of
Homeland Security Established in 2002 in
response to 9/11, oversees America’s defense against terrorist attacks
Presidential Advisers and Executive Agencies
Vice President and the First Lady Vice presidents usually have little power Changed recently First Lady- wife of president Not mentioned in Constitution, take on
causes close to them
Presidential Advisers and Executive Agencies Federal Bureaucracy –
agencies and employees of executive branch Bureaucrats/civil
servants – people who work for federal gov’t
Executive branch carries programs created by Congress1.Turn new laws into
action 2.Administer the day-to-
day operations of the federal govt
3.Federal agencies regulate various activities
Presidential Advisers and Executive Agencies Executive Agencies
Independent agencies responsible for certain specialized areas
NASA Government Corporations
50 independent agencies that act like private businesses
Senate approves president’s choice of a board to run corp. Charge fees for services, but not supposed to
make a profit Example – USPS
Regulatory Boards & Commissions President appoints members, approved by Senate To protect the public Make & enforce rules FCC – Federal Communications Commission
Presidential Advisers and Executive Agencies Gov’t Workers
Political appointees – chosen by president, proven executive ability or important supporters of the president’s election campaign
Civil service workers – approx. 90% of all national govt workers, based on experience.
Civil service system – the practice of hiring workers on the basis of open, competitive examinations & merit.
Spoils system – before 1883 – jobs went to people as a reward for political support (reformed under Pendleton Act)
Merit system – civil service system, workers have to meet standards, pass tests
The Federal Court System Supreme Court top court in the US Goal is “equal justice for all” Accused considered innocent Federal court system created in Article
III of the Constitution Established Supreme Court, gave
Congress power to establish lower federal courts
1789 Judiciary Act, established federal district courts and circuit courts of appeals
1891 System of appeals courts created Three levels: District Court, Appeals
Court, Supreme Court Exists alongside state court systems
The Federal Court System Jurisdiction over the following 8 kinds
of cases (courts authority to hear cases)1. Cases involving the Constitution2. Violations of Federal Laws3. Controversies between states4. Disputes between parties from different
states5. Suits involving the federal government6. Cases involving foreign gov’t7. Cases based on admiralty and maritime
laws8. Cases involving U.S. diplomats
The Federal Court System
Relation to State Courts In some areas federal courts
have exclusive jurisdiction, state courts have jurisdiction over all other matters
Cases heard in either a state or federal court, concurrent jurisdiction, they share jurisdiction
Someone has broke both federal and state laws, option to have the trial in either the federal court or state court
Citizens of different states where $50,000 involved
How Federal Courts Are Organized
U.S. District Courts 94 District Courts (all states
have at least one district) Federal courts where trials
are held and lawsuits are begin
All federal cases must begin in a district court (original jurisdiction)
Responsible for determining facts of cases
Trial courts for criminal and civil cases, only district courts where witnesses testify and juries hear cases
How Federal Courts Are OrganizedU.S. Courts of Appeals Next level of court system
(appellate courts, federal appeals court)
Review decisions of lower district courts
Have appellate jurisdiction Review cases where lower
court applied law incorrectly, review regulatory agency rulings
12 U.S. courts of appeals, geographic area called a circuit
13TH court, Court of Appeals for the Federal Circuit, nation wide jurisdiction (patent law, international trade)
How Federal Courts Are Organized
Appeals courts do not hold trials
Decide appeals in one of 3 ways
1. uphold the original decision,
2. reverse the decision,
3. remand the case where it must be tried again Panel of 3 or more judges review case, listen to
arguments Announcing the Decision One judge writes an opinion (a detailed explanation
behind the decision) Sets a precedent for all courts, gives guidance to
other judges hearing similar cases
How Federal Courts Are Organized
Federal Judges Selection and Tenure of
Judges President appoints Federal
judges, share his opinion on politics and issues
Gives president opportunity to affect country after he leaves office
Have to be approved by Senate
Appointed for life Judge only removed through
impeachment, allows judges to make decisions knowing job is safe
How Federal Courts Are OrganizedOther Court Officials Magistrate Judges: issue court
orders, hear preliminary evidence, decide whether case should go to trial, whether accused should be held or released
U.S. Attorneys: gov’t lawyers, prosecute people accused of breaking federal laws, represent U.S. in civil cases; appointed to 4 year terms by president
Report to Attorney General U.S. Marshals: make arrests, collect
fines, take people to prison, protect jurors, keep order in courts, serve legal papers including subpoenas
The United States Supreme Court Supreme Court has original jurisdiction in only two instances:
cases involving diplomats from foreign countries, cases which state is involved
All other cases come from appeals from lower federal courts When it refuses to hear a case, decision from lower court upheld 8 associate justices led by a chief justice Main duty is to hear and rule on cases
United States Supreme CourtThe Supreme Court Justices Selection of Justices President appoints Supreme Court justices, with consent of
Senate Chosen based on political views and motives, receive help
from justice department Senate has rejected many presidential nominees, doubts on
the candidate’s qualification (1 in 5) Background of the Justices Always lawyers, been successful judges or lawyers First African American justice Thurgood Marshall (1967) First female justice Sandra Day O’Connor (1981)
United States Supreme Court Judicial Review Main job of Court- decide whether laws or actions by
gov’t officials are constitutional Judicial review, power to say whether any federal,
state, or local law against the Constitution Constitution does not give court power of judicial
review Court claimed power Marbury v Madison case (1803) Question over judges appointed by Adams at the end
of his term Marbury took case to Supreme Court Chief Justice Marshall ruled Marbury’s claim was valid
(ruled that Judiciary Act gave the court powers it shouldn’t have and Marbury lost his case)
United States Supreme Court Three important principles of
judicial review:
1) Constitution is the supreme law of the land
2) Conflict between the Constitution and any other law, Constitution rules
3) The judicial branch has duty to uphold the constitution
o Decision helped make the judicial branch equal in power to executive and legislative branches
Supreme Court also interprets
language of the law
United States Supreme Court Limits on the Courts’ Power Checking the Court1. Presidents are supposed to follow the court’s
decisions but this has not always happened In Worcester v. Georgia (1832)- Jackson
refused to carry out Supreme Court decision2. Congress can get around Supreme Court ruling
passing new law, changing a law deemed unconstitutional
3. President can also keep the Court in check by appointing people to the court who will work with him
4. Tries to stay away from political questions
Deciding Cases at the Supreme Court How Cases Reach the Court Acceptance Supreme Court meets October -July Each month justices spend 2 weeks
listening to oral arguments, 2 weeks in recess (writing opinions, studying new cases
Most cases the Supreme Court receives are appeals from lower federal court and state courts
7,000 cases to review a year Only select those that 4 of 9 justices
agree to review; accepted cases go on the court docket, or calendar
Justices give a higher priority to the cases that involve constitutional issues, legal issues, civil liberties, cases that affect the entire country
Deciding Cases at the Supreme Court
1) Written Arguments Brief (written document
explaining side) submitted by each side that the justices will study
2) Oral Arguments 30 minutes given to each
side to summarize the case, judges often ask questions
3) Conference Fridays – secret meetings
(no one else is there, and no minutes kept) – justices debate the case and decide on where they stand
Deciding Cases at the Supreme Court
4) Opinion Writing Opinion states facts and reasoning for the decision Set a precedent for lower courts to follow Chief Justice determines who will write the opinion,
written opinion sets a precedent for future cases, communicates Court’s views to the public• Majority Opinion• Dissenting Opinion• Concurring Opinion
5) Announcement Announced after the opinion writing is completed. Printed and given to the press and on the court’s
website
Reasons for Court Decisions The Law Stare decisis (let the decision stand) following
precedent, makes law predictable Law can be flexible, courts can overrule outdated
precedent Court decisions can clarify meaning of Constitution Social Conditions As society changes court makes changes in the law 1890’s Plessy vs. Ferguson; 1954 Brown vs. Board of
Education Two different interpretations of the 14th Amendment