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The United States Congress
25 Years Old Citizen for 7 years Represent a District Must live in District 435 Members Serve two year
terms
30 Years old Citizen for 9 years Represent entire
state (at- large) Must live in state 100 members Serve six year terms
(elections are staggered at 1/3 each election)
Standing:permanent Select: serve special purpose,
temporary Joint: made up of both houses.
Temporary Conference: Joint Committee that
irons out differences in bills Subcommittee: small division of larger
committee.
Congress Lecture
Contrasts with British Parliament-parliamentary candidates are selected by their party-congressional candidates run in a primary election, with little party control over their nomination
The Evolution of Congress-Intent of the Framers
-Characteristics of evolution
-organization of the House has varied over the yearsPhase one-powerful housePhase two-divided house 1820’sPhase three- rise of a powerful speakerPhase four-the revolt against the speakerPhase five-the empowerment of individual membersPhase six-the return of leadership
The future?
The Evolution of the Senate
-Escaped many of the tensions encountered by the House
-Major struggle about how its members should be chosen- 17th Amendment
-Filibuster another major issue- Rule 22- cloture
President pro tempore Majority and minority leaders Party whips Policy committee Committee assignments
Speaker of the House Majority Leader and Minority leader Party Whip Committee assignments Democratic and Republican campaign
committees
Tasks of staff members-constituency services-legislative functions-advocates-information service
Specialized agencies- CRS, GAO, CBO, OTA
Introducing a bill
Study by committees
Floor debate- House and Senate
Methods of voting
To the President
Presidents are Often Outsiders Presidents Choose Cabinet Members from
Outside Congress Presidents Have No Guaranteed Majority in
Congress
Copyright © 2011 Cengage
Divided government – One party controls the White House and another party controls one or both houses of Congress
Unified government – The same party controls the White House and both houses of Congress
Does gridlock matter? Is policy gridlock bad?
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Concerns of the Founders The Electoral College The President’s Term of Office The First Presidents The Jacksonians The Re-emergence of Congress
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Powers of the President Alone
Powers the President Shares with the Senate
Powers the President Shares with Congress as a Whole
Copyright © 2011 Cengage
A military officer carrying “the football” – the briefcase containing the secret codes the president can use to launch a nuclear attack. p. 370
Mark Wilson/Getty Images News/Getty Images
The White House Office◦ Pyramid structure◦ Circular structure◦ Ad hoc structure
The Executive Office of the President The Cabinet Independent Agencies, Commissions, and
Judgeships
Copyright © 2011 Cengage
Prior federal experience “In-and-outers” Political following Expertise/ administrative experience
Copyright © 2011 Cengage
The Three Audiences◦Fellow politicians and leaders◦Partisan grassroots◦The public
Popularity and Influence The Decline in Popularity
Copyright © 2011 Cengage
President Bush shakes hands with Speaker Nancy Pelosi after his State of the Union address. p. 380
Alex Wong/Getty Images
Veto◦ Veto message◦ Pocket veto◦ Line-item veto
Executive Privilege Impoundment of Funds Signing Statements
Copyright © 2011 Cengage
Copyright © 2011 Cengage
Putting Together a Program◦ Interest groups◦ Aides and campaign advisers◦ Federal bureaus and agencies◦ Outside, academic, other specialists and experts
Attempts to Reorganize
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The Vice President
Problems of Succession
Impeachment Lame duck
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President Reagan, moments before he was shot on March 30, 1981, by a would-be assassin. The Twenty-fifth Amendment solves the problem of presidential disability by providing for an orderly transfer of power to the vice president. p. 392
Michael Evans/The White House
Judicial Review – the power of courts to declare laws unconstitutional
Strict Constructionist Approach – judges should decide cases strictly on the basis of the language of the Constitution
Activist Approach – judges should discern the general principles underlying the Constitution and apply them to modern circumstances
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National Supremacy and Slavery 1789-1861◦ Marbury v Madison (1803)◦ McCulloch v Maryland (1819)◦ Dred Scot decision (1857)
Government and the Economy 1865-1936-regulation of the economy
- Application of the 14th amendment- private property
Government and Political Liberty 1937-present
-personal and states rights
Copyright © 2011 Cengage
Copyright © 2011 Cengage
Copyright © 2011 Cengage
Note: Washington, D.C., is in a separate court. Puerto Rico is in the first circuit; the Virgin Islands are in the third; Guam and the Northern Mariana Islands are in the ninth.Source: Administrative Office of the United States Courts (January 1983).
Lower Federal Courts◦ Constitutional Court
District courts Courts of appeal
◦ Legislative Court Court of Military Appeals
Selecting Judges◦ Senatorial Courtesy◦ The “Litmus Test”
Copyright © 2011 Cengage
Copyright © 2011 Cengage
Source: “The Consequences of Polarization: Congress and the Courts” by Sarah A. Binder, in David Brady and Pietro Nivola, Eds., Red and Blue Nation? (Vol. 2) Consequences and Correction of America’s Polarized Politics. Brookings Institutions and Hoover Institution Presses. Reprinted with permission of the author.
Federal-question cases – Cases concerning the Constitution, federal laws, or treaties
Diversity cases – Cases involving citizens of different states who can bring suit in federal courts
Writ of certiorari – An order by a higher court directing a lower court to send up a case for review.
Copyright © 2011 Cengage
Copyright © 2011 Cengage
p. 441
In forma pauperis Fee Shifting Standing Class Action Suits
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Linda Brown was refused admission to a white elementary school in Topeka, Kansas. On her behalf, the NAACP brought a class-action suit that resulted in the 1954landmark Supreme Court decision Brown v. Board of Education. p. 445
Carl Iwasaki/Time Life Pictures/Getty Images
Brief Amicus curiae Per curiam opinion Opinion of the court Concurring opinion Dissenting opinion
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The Power to Make Policy◦Stare decisis◦Political question◦Remedy
Views of Judicial Activism
Legislation and the Courts
Copyright © 2011 Cengage
The activism of federal courts is exemplified by the sweeping orders they have issued to correct such problems as overcrowded prisons. p. 448
Alex Webb/Magnum Photos
Congress and the Courts◦Confirmations◦Impeachment◦Number of judges◦Jurisdiction
Public Opinion and the Courts
Copyright © 2011 Cengage
Thurgood Marshall became the first black Supreme Court justice. As chief counsel for the NAACP, Marshall argued the 1954 Brown v Board of Education case in front of the Supreme Court. He was appointed to the Court in 1967 and served until 1991. p. 452
Bettmann/Corbis