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