government notes
TRANSCRIPT
“state”populationterritorygovernmentsovereignty
governmentwho can participate= dictatorship/democracydistribution of power= unitary, federation, confederationrelationship between branches=parliamentary, presidential
What is government?institution through which society makes and enforces public policies (all the things govern-ments decided to do)
Power• legislative—law making• executive—law enforcing• judicial—law evaluating and using• Constitution outlines these powers=fundamental laws, principles, structures, processes
Purposes US Gov’t• to form a more perfect union• establish justice• ensure domestic tranquility• provide for the common defense• promote general welfare• secure blessings of liberty
Basic concepts of Democracy• worth of the individual• equality of all persons• majority rule, minority rights• necessity of compromise• individual freedom
US: Democracy with Free Enterprise (Capitalism)MIXED ECONOMY-there is some government regulationChapter 2Documents that inspired colonistsMagna Carta 1215-trial by jury,-forced on King John Petition of Rights 1628-Charles I, limit power of king, English Bill of Rights 1689-William and MaryAll about limiting the monarch’s (king’s) power, providing rights for citizens
Inspired characteristics of government
ordered governmentlimited governmentrepresentative government
types of colonies that ended up being the USRoyal colonies—New Hampshire, Massachusetts, New York, New Jersey, Virginia, North Car-olina, South Carolina, Georgia—under direct control of monarch of England, with a British governor in each colony as well as a legislative body ** not all began as royal colonies, but were at the time of Revolution
Proprietary Colony-Maryland, Pennsylvania, Delaware—set up by an “owner” that became the governor, a legislative body was also set up, decisions were sent to London to be approved
Charter Colonies—Connecticut, Rhode Island—charter granted to the colonists by the King, basically self-governed
Leading up to the Revolutionary War1643 Colonies formed “New England Confederation”
for the purpose of defense against Native Americansleague of friendship among the colonies in the north
1754 Albany Plan (Albany is a city in New York)a plan to deal with the problems of tradeBen Franklin-proposed active plan to raise navy
1765 Stamp Act Congress- colonist came together to protest the Stamp ActWrote Divine Rights and Grievances-sent to the Kingboycotted British goodssucceeded, Stamp Act repealed (taken back)
Boston Massacre-1770-angered colonistsCommittees of Correspondence-Samuel Adams organizer
a resistance group that began spreading the news and idea of resisting and protesting England
Boston Tea Party 1773-colonists in protest dumped tea from a British cargo ship into the har-borBritish Parliament passes “Intolerable Acts” (named by the colonists)1774 First Continental Congress September 5
all colonies but Georgia sent delegates to Philadelphia two months! of discussioncompose the Declaration of Rights send to King George IIIcontinued boycott
Battles of Lexington and Concord (April)revolution begins!
Second Continental Congress May 10, 1775every colony sends delegates to Philadelphiabecomes the first official government of the US
create a Continental Army—George Washington, delegate from Virginia is chosen to lead the Army (Thomas Jefferson replaces Washington as Virginia Delegate)
Continental Congress is the government for 5 yearscommission a document to state independence
Declaration of Independence 17761)What is meant by "self-evident"? Do you think the "self-evident" truths were meant to apply to all?2)From where does the Declaration assert that a government derives its power?3)Reading the Declaration today, does it still have meaning for you? If so, what? If not, why?
states begin to write constitutions:popular sovereignty limited governmentcivil liberties and rightsseparation of powers-checks and balances
Articles of Confederation November 15 1777did not go into effect until 1781-when Maryland was the last state to ratify or approve
• Congress-only a lawmaking body, no executive or judicial branch• each state had one vote, delegates that were chosen yearly by each state• chose one member from Congress to preside over meetings, and civil officers were ap-
pointed• Powers: make war, send and received ambassadors, make treaties, borrow $, set up a $
system, post offices, navy and army, set weights and measure, settle disputes among states
• states: pledge to obey the Articles, provide funds and troops, treat citizens of other states fairly and equally, full faith and credit to public records, acts, and proceedings of other states, surrender fugitives, allow open travel and trade
Weaknesses• Congress could not tax• Congress could not regulate trade• could not make states obey the articles or laws made—needed 9 of 13 to exercise laws• needed 13 of 13 to change the articles—no amendments to the articles• each state had 1 vote regardless of size, population• no executive• no court system• only “firm league of friendship”
October 19, 1781—end of warTreaty of Paris, 1783Issues occurred after war ended• states taxed each other, printed separate money , refused to support the central govern-
ment, started making agreements with foreign governments• Articles (Congress) could do nothing about it
Explosion of the problems• Shays’ Rebellion• Mt. Vernon—meeting between Maryland and Virginia over trade disputes• 1786 Annapolis—joint meeting about trade, only five states came, called for another meet-
ing, seven states agreed, finally Congress insisted that states attend• Constitutional Convention in Philadelphia
The Constitution• Virginia Plan-three separate branches, Bi-cameral legislative branch (2 houses), legisla-
tive reps would be based on either population or the amount of money each state gave• New Jersey Plan-unicameral Congress (one house) with states equally represented, Con-
gress should get to tax and regulate trade• Connecticut Compromise-Congress should be 2 houses-1 with states equally repre-
sented, 1 with representation based on population• Three-Fifths Compromise— all free persons and 3/5 of all other persons would be
counted in the population to determine representation• Commerce and Slave Trade Compromise- Congress is forbidden to tax exports from any
state, and forbidden to act on slave trade for 20 years
Ratificationevery state had to agree to the ConstitutionFederalists vs Anti-Federalists• became first political parties in the United States• disagreed about ratifying the Constitution
took three years for all 13 states to ratify the ConstitutionConstitutional Principles• Popular Sovereignty—power to rule (govern) comes from the people who are ruled (gov-
erned)• Limited Government—government will not be all-powerful, it will only do the things the
people give it the power to do• Separation of Powers—Executive Branch (President and Presidential offices), Legislative
Branch (Congress, (Bi-cameral) Senate, House of Representatives), Judicial Branch (Supreme Court, and other National Courts)
• Checks and Balances—each branch has a “check” on the power of another—Presidents can veto the bills Congress agrees upon, Supreme Court (when it tries a case that is based on a law) can declare a law unconstitutional, Congress has to approve presiden-tial appointments
• Judicial Review—the power of the courts to judge whether what the government does is in accordance with the Constitution
• Federalism—division of power between central government and local governmentsConstitutional Amendment--the ways the Constitution can be changedFormal Amendment Process• First Method: proposed by 2/3 vote in each house of Congress, ratified by ¾ of the state
legislatures (26 of the 27 amendments were adopted in this way)
• Second Method: proposed by Congress, ratified by conventions in ¾ of the states (only the 21st was ratified in this way)
• Third Method: proposed by a national convention (called by Congress at the request of 2/3 state legislatures) ; ratified by ¾ state legislatures
• Fourth Method: proposed by a national convention; ratified by conventions in ¾ state leg-islatures (basically how the constitution became the government)
Only 27 amendments! Why is it so complicated to change the Constitution? Why does it re-quire states and national government?
Chapter 4 Federalism-division of power between central and local governments-The US Gov-ernment and State Governments
Powers of the national government Delegated powers-delegated (granted) by the Constitution
Express powers-spelled out directly in the Constitution (enumerated powers) most are in Article 1, Section 8, there are 27 powers given to Congress, some are in Article 2, Section 2, those who are given to the President, Article 3 gives power to the Supreme Court.
Implied powers-suggested by the express powers; Article 1, Section 8, Clause 18 “Necessary and Proper Clause” Congress can do what is necessary and proper
Powers of the National Government
Delegated powers—delegated (granted) by the Constitution
expressed powers—spelled out directly in the Constitution (enumerated powers) most
are in Article I, Section 8, there are 27 powers given to Congress, some are in Article II, Sec-
tion 2, those are given to the President, Article III gives power to the Supreme Court
implied powers—suggested by the expressed powers; Article I, Section 8, Clause 18
“Necessary and Proper Clause” Congress can do what is necessary and proper to make and
carry out laws—sometimes called the Elastic Clause because it is used to “stretch” the Consti-
tution
inherent powers—obvious powers—regulate immigration, acquire territory, make
treaties—all go to the national government
Powers Denied the National Government:
power to levy duties on exports
prohibit freedom of religion, speech, press or assembly
conduct illegal search or seizures
deny a person accused of a crime a speedy trial by jury
States Powers
Powers not granted to the National Government and not denied the states are given to the
states.
Reserved Powers the powers “reserved” to states
(most of government daily actions)
Exclusive Powers—only for the national government
example--power to coin money
Concurrent Powers—both national and state
example—power to tax
IMPORTANT RULE!!!!
Supremacy Clause, Article VI Section 2
National Government and the Constitution are the Supreme Law of the Country
Nation’s obligations to states:
Republican form of Government—usually understood as a representative government
Protection against Invasion and Internal Disorder
an attack on one state is an attack on all
help states in need to end internal riot, insurrection, or other
help states recover from natural disasters—storms, floods, drought, forest fires
Respect for territorial integrity—national government must recognize the legal bound-
aries of states
Statehood:
only Congress has the power to admit new states
Congress gives one restriction, a new state is not taking territory from an existing state without
consent of the legislatures of the states involved
37 states have been admitted since the original 13, some were created from parts of other
states (Vermont, Kentucky, Tennessee, Maine, W. Virginia)
Process to become a State
area desiring statehood must ask Congress for admission
Congress passes an enabling act asking the territory to create a constitution
A territorial convention prepares the constitution
constitution put to vote in proposed state
if voters approve, constitution is submitted to Congress for approval
if Congress approves of the constitution, and agrees territory should be a state, it
passes an act of admission to create the new state
President must sign the act for the new state to enter the Union
**Congress may set conditions for statehood
example, Oklahoma and its state capital
Federal Grants-in-Aid:
grants of federal money or other resources to the states, cities, counties, and other local
units
sometimes grants cause the lines in division of powers to be broken, where the national
government has sway over local issues because of a grant, ex: education, mental
health
do they give the national government an unconstitutional voice in making local and state
policy?
Revenue Sharing—old policy, not in practice today—Congress gave share of the Federal Tax
Revenue to states, cities, counties, townships **requirement not to be spent on programs that
discriminated
Types of federal grants:
Categorical grants—some specific closely defined purpose
school lunches, airport construction, water treatment plants
have conditions attached: federal money only used for specific purpose, matching or
some kind of monetary contribution coming from institution itself, agency must adminis-
ter the grant, obey guidelines set
Block grants—more broad purposes, health care, social services, welfare
gives local governments more freedom to spend the money
Project grants—for specific projects, made to states, localities, and private companies
that apply for them
supporting cancer research, or other medical research, job training, employment pro-
grams
Other Forms of Federal Aid:
FBI—gives help to state and local police
Army and Air Force—equip and train States’ National Guard Units
Census Bureau—data is shared with local and state government
State Aid to National Government:
National Elections conducted in each state, financed with local funds, regulated by state
laws
naturalization of citizens happens in state courts rather than federal courts
local and state police help FBI
Interstate Relations:
National Government has the power to regulate interstate issues
States cannot form treaties or alliances or confederations with other states or foreign states.
States may form interstate compacts or agreements with the consent of Congress.
Full Faith and Credit
Constitution says that states must recognize public acts, judicial proceedings, and
records of other states—Article IV Section 1
exceptions:
only civil not criminal, states do not have to enforce the criminal laws of other states
divorces granted by one state to residents of another need not be recognized
example: Williams V. North Carolina
Extradition:
the legal process by which a fugitive from justice on one state can be returned to that state—
prevents a person from fleeing justice by leaving a state
Privileges and Immunities Clause:
Article IV Section 2, Clause 1
No state can draw unreasonable distinctions between its residents and residents of other
states.
states must recognize the right of any American to travel in between states
any American can become a resident of any state
any citizen no matter where they live can use courts, make contracts; buy, own, rent,
sell property; marry within borders of any state
cannot give hiring preferences to in-state residents
Some distinctions can be drawn:
states can require established residence of a certain time period before a person can
vote or hold public office, have a license to practice law, medicine, dentistry, et cetera
wildlife and game located in a state are state property, so nonresidents can be required
to pay higher fees for hunting and fishing licenses
state colleges can offer different tuition rates for in-state and out-of-state students
Supreme Court Case, Printz v. United States (1997)
From Magruder’s American Government
Should States Be Required to Enforce Federal Laws?
States are required to obey the federal Constitution and federal laws and treaties. Can Con-
gress require State officials to help enforce federal laws and regulations?
Printz v. United States (1997)
The Gun Control Act of 1968 outlined rules for the distribution of firearms. Dealers were pro-
hibited from selling guns to persons under 21, out-of-state residents, and convicted felons and
fugitives. The Brady Act, a 1993 amendment to that law, required the attorney general to es-
tablish by 1998 a national system for conducting instant background checks on prospective
handgun buyers.
The Brady Act also created a temporary background check system. Before selling a handgun,
a firearms dealer was required to obtain identification from the purchaser, and to forward that
information to the "chief law enforcement officer" (CLEO) of the purchaser's residence. The
Brady Act required CLEOs to make a reasonable effort to determine within the five business
days whether the purchaser may lawfully possess a gun.
Jay Printz and Richard Mack, sheriffs serving as CLEOs in counties in Montana and Arizona,
respectively, challenged the Brady Act in federal district court. They argued that the provisions
requiring them to perform federal functions and execute federal laws were unconstitutional.
The district court agreed with their argument, but the court of appeals found the entire Act con-
stitutional, and the case went to the Supreme Court for review.
city/county
charters
ordinances
State
Constitutions
Acts of Congress
Treaties
US Constitution!!!
Supreme Law of United States
state statues and laws
Chapter 5 Political Parties
What is a political party?
a group of persons who seek to control government through the winning of elections
and the holding of public office
a group of persons, joined together on the basis of common principles, who seek to
control government in order to affect certain public policies and programs
people with common political views
not all members of political parties agree 100 %
[Toothpaste example]
What do parties do?
link the government and the people
Nominate Candidates—parties name candidates for public office, support these candi-
dates through an election
Informing and Activating Supporters—take stands on issues, informs people (to the ad-
vantage of the party)
tries to choose candidates that are qualified and of good character
organize government Congress and State legislatures are organized along party lines
and business is conducted through partisanship—support of the party and party’s
stance in issues
regulate relationship between executive and legislative branch
party out of power plays “watchdog” to the party in power at any given time
Two-Party System
the US is structured on a two-party system—there are two parties that dominate politics in the
US: Democrats and Republicans
there are minor parties in the US—parties without large support base
WHY?
the ratification of the Constitution brought about two opposing groups Federalists and Anti-
Federalists, even though the Constitution itself and the Framers were against parties because
of the divisions they could create among people
once the precedent was set, the US was most likely to follow in the 2-party tradition
the electoral system and election process tend to be based on the two parties
single-member districts for elections—“winner-take-all” encourages people to vote for some-
one in one of the major parties
since being established, the two main parties have maintained the system in laws they have
made
the two parties have served to homogenize a very pluralistic—diverse—population
Multiparty Systems
several major and many lesser parties
most parties are based on a particular issue or interest
provides a more meaningful choice for voters than a two-party system
produces a more diverse representation
constant change in leadership or ideology
coalition—temporary alliance of several groups
One-Party System
only one political party is allowed in some countries
Party Membership
voluntary—in the US, no one has to be a member of a party
parties do not regulate their membership
what makes a person choose one party or another
candidate
beliefs/values
parents/family
economic situation/salary
war
dislike of the other party
religion
gender—male/female
race
age
background
where you’re from
occupation
History of Political Parties in the US
Federalists—strong government
Anti-Federalists/Jeffersonian Republicans/Democratic Republicans—Congress should domi-
nate, strict construction of Constitution—became Democratic Party in 1828
1st President George Washington—no party
2nd President John Adams—Federalist
3rd President Thomas Jefferson—Democratic-Republican
Federalist never regain power after Jefferson
The Era of the Democrats 1800-1860
The Era of the Republicans 1860-1932’
Era of the Democrats 1932-1968
Divided Government 1968-present
Minor Parties
ideological parties
based on a set of beliefs—social, economic or political
Socialist, Communist, Labor, Libertarian
usually don’t win a lot of votes
long-lived parties
single-issue parties
based on one issue
raise awareness of an issue
do not win votes
do not exist very long
Free Soil Party, American or Know Nothing Party, Right to Life
economic protest
occur only in times of economic distress
Greenback Party, Populist Party
splinter parties
parties that split off from major parties
Why Minor Parties are Important
raise awareness
options
political innovation within major parties
Party Organization
Decentralized structure—no central chain of command from national to state level, state to lo-
cal
divisions are loosely tied to one another, and usually cooperate
President’s party is usually more organized and united, President is the party leader
opposing party has no one in a similar position to provide leadership
Federalism brings about the decentralization
Nominating Process—happens within the party, can be divisive within the party where mem-
bers of the party are arguing over who should be the candidate
National Party Organization
National Convention—meets summer of every presidential election to pick the parties presi-
dential and vice presidential candidates
voice of the party
adopts party rules and platform
has little control or authority over party
National Committee
between conventions, party affairs are handled by the national committee and the national
chairperson
in charge of staging the national conventions
RNC—Republican National Committee
DNC—Democratic National Committee
National Chairperson
chosen to four-year terms by national committees
directs the work of the party headquarters in DC
Congressional Campaign Committees
State and Local Party Organization
State central committee, state chairperson
promote the party’s interests within the state
attempt to unify the party within the state
Local Organization
vary from place to place, usually a party unit within each district: congressional, legislative,
counties, cities, towns, wards, precincts
ward—division of cities for election of city council members
precinct—smallest unit of election administration; voters in each precinct report to a specific
polling place
Components of Parties
Party Organization—leaders, activists
Party in the Electorate—party loyalists, party members
Party in Government—officeholders, elective an appointed officials in legislative, judicial, exec-
utive branches in federal and state government
Future of the Parties
Are the major parties weakening or falling apart?
sharp drop in the number of voters willing to identify themselves as Republicans or Democrats
increase in split-ticket voting—voting for candidates of different parties for different offices as
same election
parties are more “open” but less organized and with more internal conflict
changes in media and technology make candidates less dependent on the party
growth in single-issue organizations.
Chapter 6 Voters and Voter Behavior
suffrage=franchise- the right to vote
electorate—voting population
The right to vote in the US began with only white male property owners
about 1 in 15 white male adults could vote
Today, nearly all citizens above the age of 18 can vote
Five Stages Extended Suffrage in the US
to vote, there were religious qualifications, tax payment, property ownership controlled
voting population in the early 1800s—by mid-1800s, all white males could vote
15th Amendment 1870—intended to prohibit states from denying the right to vote based
on race—was not largely successful
19th Amendment 1920—prohibited the denial of the right to vote based on sex or gender
1960s Civil Rights Movement
Voting Rights Act of 1965—racial equality at polling places
23rd Amendment added Washington DC to presidential elections
24th Amendment ended the poll tax
26th Amendment 1961—said no state could set their voting age over 18
Power to set Voter Qualifications
Power reserved to States by the Constitution
Constitution does place five restrictions on how states may exercise this power
If a state allows a person to vote in state elections, they must also be allowed to vote in
federal elections
because of the extension of suffrage in the US, this restriction only serves to forces
states to allow people to vote in state elections
No state can deny the right to vote on account of race, color, or previous condition of
servitude
No state can deny the right to vote based on sex or gender
No state can require the payment of tax as a condition for taking part of the nomination
or election of an office holder
No state can deny the right to vote who is at least 18 years of age.
Universal US Voter Qualifications
citizenship-
aliens—people living in US that are not US citizens—are not denied the right to vote by
the Constitution
states set the citizenship qualification
residence
must establish permanent residence in a state to vote in that state
what about transients—or people who have no permanent residence?
age
most states have the set age of 18
what about people who are almost 18
registration—legal name, age, place of birth, present address, length of residence
in 49 states—all but North Dakota—have set registration as a requirement
literacy—
was formal qualification set by some states with literacy test
now an informal qualification because of the type of ballot
tax payment
poll taxes used to be used to determine voter eligibility
Who can be Denied the Right to Vote:
states set voter qualifications, but here are some examples:
none of the 50 states allow people in mental institutions or persons legally found to be
mentally incompetent to vote
1/4th of the states prohibit persons who have committed a serious crime from gaining or
regaining the right to vote
a few states prohibit anyone dishonorably discharged from the armed forces to vote
Further Discussion of Suffrage and Civil Rights
gerrymandering—the practice of drawing electoral district lines in order to limit the vot-
ing strength of a particular group
injunction—a court order that either compels (forces) or restrains (limits) the perfor-
mance of some act by a private individual or by a public official
preclearance—prior approval of the Justice Department of changes to or new election
laws by certain states
The 15th Amendment
began the effort to extend the right to vote to African Americans
was meant to ensure that African American men could vote
the Amendment was not self-executing, it was a general statement that provided no en-
forcement
Congress would have to act to make it an effective law (which took around 90 years!)
Preventing the 15th
around the country, especially in the South, many tactics were used to keep African
Americans from voting
violence
threats
social pressures (firing someone who registered, denying store credit)
legalized literacy tests manipulated to disenfranchise
gerrymandering
“white primaries”
Courts could react only on these issues only when victims of discrimination sued—mak-
ing the issue a case-by-case method and ineffective
Civil Rights Legislation
Movement led by Dr. Martin Luther King
Laws made to implement the 15th Amendment
Civil Rights Act of 1957—set up the US Civil Rights Commission
inquire into claims of voter discrimination
report findings to Congress and President, media and public
Attorney General power to seek federal court orders to prevent interference with any
person’s right to vote in any federal election
Civil Rights Act of 1964
much broader than earlier laws, included job-related matters
forbade the use of voter registration or literacy requirement in an unfair or discriminatory
manner
emphasized the use of injunctions to protect voters
voter registration drive led by Dr. King
violence and insults ensued
two civil rights workers were murdered
Voting Rights Act 1965
finally made 15th Amendment work
applied to all elections held anywhere in US, federal, state, local
Preclearance—prevented last minute changes that might discriminate against voters—
changes like
location of polling places
boundaries of election districts
deadlines in the election process
from ward or district to at-large election
qualifications candidates must meet to run
Voter Behavior
off-year election—congressional elections held in the even numbered years between
presidential elections
political efficacy—effectiveness in politics
political socialization—process by which people gain their political knowledge
gender gap—measurable differences between the partisan choices of men and women
party identification—loyalty of people to a particular political party
straight-ticket voting—practice of voting for candidates of only one party in an election
split-ticket voting—practice of voting for the candidates of more than one party in an
election
independents—people that have no party affiliation
Nonvoters!
for whatever reason, there are many people that do not vote
year 2004—215.7 million people of voting age, 122.3 million voted!
Take a look at voter turnout chart. . .page 165
Why do people not vote:
“Cannot-Voters”
resident aliens
ill or physically disabled
unexpected travel
religious beliefs
Actual Nonvoters
people feel their vote makes little difference—political efficacy
people feel the winner of an election makes little difference and things will continue to
go well
people feel alienated and refuse to vote because they don’t trust political institutions and
process
Factors that affect turnout
registration requirements
long lines
long ballots
time-zone issues in presidential elections, east votes first, so eastern results can cause
westerners not to vote
lack of interest
weather
difference between voters and nonvoters?
look at voting by groups chart p.167
Voters and Voter Behavior
Where do we get voter information?
results of a particular election (not how they vote, but who votes)
survey research—polling
studies of political socialization—a very complex process involving all experiences and
relationships that lead people to view the political process the way they do
Can we really understand a voter?
Sociological Factors
income, occupation
education
gender, age
religious, ethnic background
geography
family and other groups
Psychological Factors
party identification
straight-ticket
split-ticket
independents
candidates and issues
Who decides who may vote? Oregon v. Mitchell p. 173
Chapter 7 The Electoral Process
Constitutional Principles at work:
Popular Sovereignty
Limited Government
Federalism
The Nominating Process
nomination—naming of those who will seek office
general election—regularly scheduled elections at which voters make the final selections of of-
ficeholders
caucus—a group of like-minded people who meet to select the candidates they will support in
an upcoming election
direct primary—in party election to pick that party’s candidate
closed primary—party’s nominating election in which only declared party members can vote
open primary—party’s nominating election in which any qualified voter can cast a ballot
blanket primary—version of the open primary, every voter receives the same ballot regardless
of party, listing every candidate of every party, voters can participate however they choose
runoff primary—if no one wins, two top vote-getters
nonpartisan elections—usually elected school and municipal officers, not identified by party la-
bels
Nomination Process
supports a two party system
major parties go through the nomination process
typically, people choose only one of two choices (to avoid what people consider a
“wasted” vote for a third party candidate
those who make nominations limit a voters choice
one-party constituencies (where one party tends to dominate) the nomination process is
often the only place where a choice is made
How are nominations made
Self-announcement—oldest form of the nominating process
simply announcing yourself as a candidate
in local elections
where there is an “independent” candidate
Ross Perot 1992, Arnold Schwarzenegger California 2003
Caucus—deriving from the colonial period—initially private meetings, membership
eventually broadened as parties developed
used still in local nominations
still used in New England as well, but very different from the original
Convention—replaced the caucus method in most places
used in presidential nominations as well as primaries
still plays a major role in some states’ nomination process
Primaries—held within a party to pick that party’s candidate
how most states go about making their nominations for major offices within the state
and some federal offices through parties
regulated by states even though they are party elections
closed—most states establish who can vote by voter registration, must be registered as
a member of that party to vote in that party’s primary
open—most states hand you the ballots for both parties, some states ask voters to
choose which party’s ballot they want (asking them to make a public choice
blanket primary—allows people to not have to make a public choice
closed vs. open
who can vote
closed forces party affiliation
support for closed primaries
protects primaries from being raided by the other party
forces candidate to be more responsive to the party
forces more thoughtful voting and party affiliation
critics of closed primaries
compromises the secrecy of the ballot
excludes independent voters
Petition
widely used at local level
candidate must get signatures from electorate in order to become a candidate
higher the office, the more signatures needed
Elections
absentee voting—voting when you cannot go to the polling place on the day of the elec-
tion, before the election
coattail effect—when one strong candidate pulls along other candidates in their party to
be elected
precinct—a voting district
polling place—voting location for a precinct
ballot—device by which a voter makes their choices
In the US, in a democracy, it is very important that there are elections and that those
elections are free, honest, and accurate.
Most Election Law is State Law, but there is Federal election Law
Over 500,000 people who hold elected office in more than 87,000 units of government
at the state and local level in the US
Federal Control:
Congress may set time, place, manner of election of members of Congress
Congress may set the time for choosing Presidential Electors and casting electoral
votes
Congress has set the Congressional Elections to be the first Tuesday after the first
Monday of November on even numbered years
Presidential elections are the on the same day, but every four years
Congress requires the use of secret ballot
Congress allows the use of voting machines
Help America Vote Act 2002
replace lever-operated and punch card machines by 2006
upgrade administration of elections—better training of people working at polling places
centralize and computerize voter registration systems to prevent fraudulent voting
provide for provisional voting
Election Day
States generally hold their State elections on the same date Congress has set for na-
tional elections
Tuesday after the first Monday
prevents elections on Sundays
prevents elections on the first day of the month
some states fix other days for elections
Early Voting
absentee voting
early voting, not absentee, but as if they were voting in the actual election several days
before the election
Precincts and Polling Places
precincts generally 500-1000 voters
polling places are located in or near precincts
precinct election board supervised the polling place and voting process in each precinct
county clerk or county board of elections chooses members of precinct boards and
draws precinct lines
polls are open usually 7am-7pm or 8am-8pm by state laws
election board sees that ballots and ballot boxes or voting machines are available
makes sure voters are qualified
counts votes, sends results to the proper place
poll watchers from each party are allowed at each polling place
can challenge any person they believe is not qualified to vote and monitor the whole
process, including the counting of the ballots
Casting a ballot!
each state provides for secret ballot today
not true historically
Australian Ballot—brought to the US by the Mugwumps
new voting arrangement—basic form of ballot in the US today
Printed at public expense
list names of all candidates in an election
given out only at polls—one to each qualified voter
marked in secret
Office-Group
original form of Australian Ballot
groups candidates by office, names used to be in alphabetical order, today are random-
ized
example, p. 191
Party-Column
candidates are listed in a column under the party name
encourages straight-ticket voting
example, p. 191
Samples Ballots
available before an election
cannot be cast as a ballot, but show voters what will be on the ballot
“Bedsheet” Ballot
very long ballots with lots of offices up for election and lots of local issues on the ballot
even well-informed voters can have a difficult time with long ballots
critique?
Automated Voting
many votes are cast on some type of voting machine or electronic device
Thomas Edison patented the first voting machine
lever machines were very popular around the country
Electronic Vote Counting
EDP, electronic data processing first applied in the 1960s
punch cards, bubble-sheet scanable ballots, touch screen
Vote-by-mail Elections
some states conduct some elections by mail
voters receive a ballot by mail, complete it, mail it back
usually local issues
Oregon holds all of its elections by mail
pros—increases voter turn-out, reduces cost of elections
cons—threatens secret ballot, fraud, voters may be subjected to undue pressures while
casting their ballot if not in a secure polling place
Online Voting
not widely used—only in a few instances, but has attracted attention
being tested on a small scale
are we ready for e-voting? why, why not?
Face the issues! p. 195
Money and Elections
political action committee (PAC)—nonparty groups that are political arms of special-interest
groups who have a stake in the political process
subsidy—grant of money usually from the government
soft money—fund given to party organizations
hard money—money raised and spent to elect candidates for Congress and the White House
Unknown how much money is spent on elections in the US.
Running for office is expensive.
Why, and why are these problems??
Where does the money come from?
Private Sources: major source of campaign funds
small contributors, $5-$10, only occasionally
wealthy individuals and families—make large donations for political reasons
candidates—spend their own money to campaign (Ross Perot holds the record, spending 65
million of his own money)
nonparty groups including PACs
temporary organizations—for the purpose of campaign fundraising
party fundraisers: dinners, luncheons, picnics, receptions, direct mail requests, telethons
Public funds
subsidies from the federal and some state treasuries
Why do people give
political participation
belief in a party or candidate
appointments to public office
social recognition
political aims
Regulating Campaign Finance
regulation began in 1907—no corporation or national bank could make a contribution to any
election
since then, many regulations have been made
several events have caused the need for regulation
today, Federal Election Campaign Act (FECA) and the Bipartisan Campaign Reform Act of
2002
Congress regulates only federal campaigns, most states regulate their campaigns in some way
Federal Election Commission: FEC
administers federal law dealing with campaign finance
1974—independent agency in the executive branch, six members, appointed by President,
Senate confirmation
Enforces laws under four broad categories
timely disclosure of campaign finance data
place limits on campaign contributions
place limits on campaign expenditures
provide public funding from several parts of presidential election process
Disclosure requirements
Congress required the reporting of campaign financing beginning in 1910
no individual or group can make a contribution in the name of another
Cash gifts of more than $100 are prohibited
contributions and expenditures must be made through one single campaign committee and
must be closely accounted
any contribution of more than $200 must be identified by source and date
any expenditure of more than $200 must be identified by the name of the person to whom pay-
ment was made and by date and purpose
contributions of more than $5000 must be reported to the FEC within 48 hours
20 days out from the election contributions over $1000 must be reported within 48 hours
Limits on Contributions
Congress began to regulate in 1907—banks and corporations could not contribute
Further regulations in 1943—labor unions could not contribute
no person can give more than $2000 to any federal candidate in a primary election
no person can give more than $2000 to and federal candidate in a general election
no person can give more than $5000 in any year to a PAC
no person can give more than $25,000 to a national party committee
total of any person’s contributions to federal candidates and committees cannot be more than
$95, 000 in a general election cycle (the two years from one general election to another)
remember, W. Clement Stone, a Chicago insurance executive, gave $2 million to Nixon’s cam-
paign!
PAC contributions—some of the most important things PACs do is give money
there are about 4,000 registered with the FEC today
members make contributions to the PAC
PAC gives money to candidates
No PAC can give more than $5000 per election to each candidate
can give $5000 to as many candidates as they like
can give up to $15,000 a year to a political party
Limits on Expenditures
Congress began to limit expenditures in 1925
most apply only to presidential elections because of Supreme Court Case Buckley v. Valeo
1976
High court struck down several spending limits set by the FECA of 1974, said those restrictions
were contrary to the First Amendment’s guarantee of freedom of expression
threw out:
limited campaign expenditures by candidates running for both houses of Congress
limits on how much of their own money candidates coup put into their own campaigns
limit on a person’s right to spend more than $1000 on behalf of any federal candidate without
that candidate’s permission
Public Funding of Presidential Campaigns
Money is provided to set up Presidential Election Campaign Fund through income taxes.
Money is used to finance:
preconvention campaigns
national conventions
presidential election campaigns
FEC administers the public subsidy process
Preconvention Campaigns are supported by private donations and public money from the FEC
to get the public money, a candidate must raise at least $100,000 in contributions from individ-
uals gathered from at least 20 states, at least $5000 from each state from individual donations
of no more than $250
this is set to discourage frivolous candidates
FEC will match the first $250 of each individual’s donation to that candidate, up to half of the
overall limit on primary spending
does not match donations of PACs or political organizations
National Conventions
if a major party applies for the money, it automatically receives a grant to help pay for the na-
tional convention
Presidential Election Campaigns
every major party candidate automatically qualifies for a public subsidy to cover costs of gen-
eral election campaigns
candidates may refuse the money, freeing the candidate to raise however much from private
sources
when the money is taken, they can spend no more than the amount of the subsidy and cannot
take money from other sources
minor party candidates can also qualify for the subsidy if they have one 5% of the popular vote
in the last presidential election or win at least that much of the total vote in the current election
(the money will then be given after the election, and cannot help the candidate in that election)
**strengthens the two-party system
Hard Money/Soft Money
there are limits placed on Hard money
until 2002, there were not limits on soft money
there was a loophole that allowed unregulated money into campaigns
Bipartisan Campaign Reform Act 2002
ban soft-money contributions to national and congressional campaign committees
Chapter 8 Mass Media and Public Opinion
Public Opinion
public affairs—events and issues that concern the people at large
public opinion—collection of opinions of many different people
mass media—those means of communication that reach large audiences
peer group—people with whom one regularly associates
opinion leader—a person who, for any reason, has an unusually strong influence on the views
of other people
Public Opinion is misleading; we are often led to believe that people hold the same opinion.
However, it is rather the opposite where public opinion is a collection of opinions.
There are many “publics” in the US.
Very few issues (if any) capture the interest of the whole country.
Public Opinion only involves those issues that relate to public affairs.
politics
public issues
public policies
must involve something of general concern and interest to a significant portion of the people as
a whole
***Political Spectrum***
Like voting behavior, public opinion impacted by many forces. Political socialization plays a
role.
family—people see the political world first through their family
schools—the second place people view the political world is school
learning the Pledge of Allegiance
saluting the Flag
learn about politics
there are many more forces such as occupation and race
Mass Media—radio, internet, newspapers, magazines, television
Peer Groups—reinforces beliefs, shared socialization process
Opinion Leaders—shape opinions; doctors, lawyers, public office holders, business leaders,
teachers, ministers
Historic Events—can tend to push or pull public opinion in different directions
Measuring Public Opinion
mandate—instructions or commands a constituency give to its elected officials
interest group—private institution whose members share interests and work to shape public
policy
public opinion poll—devices that attempt to collect information by asking people questions
straw vote—ask the same question to a large number of people
sample—representative slice of the public
random sample—randomly selected people from randomly selected places
quota sample—a sample deliberately selected to reflect several of the major characteristics of
a given population
Elections:
politicians often feel they have been given a mandate of public opinion through their election
Interest Groups:
major way public opinion is collected
push public opinion thought lobbying, phone calls, letters, campaigns
Media:
often seen as the gauge for public opinion
the molders of opinion
reflect public opinion
Personal Contacts:
people directly contact their politicians to share their public opinion—emails, mail, telephone,
conversations
Polls are the “best” measure of Public Opinion
early on, polls were mostly straw vote
still widely used today
accuracy is not ensured when using a straw poll
Scientific polling—began in the 1930s
George Gallup and Elmo Roper were early developers of techniques that would use scientific
basis for forming public opinion
today, more than 1,000 national and regional polling organizations (mostly commercial work)
200 or so also poll political preferences
Gallup Organization (Gallup Poll) and Louis Harris and Associates (Harris Survey)
Polling Process=extremely complex, five basic steps
define the universe to be studied
universe=whole population that the poll aims to measure
construct a sample
does the entire “universe” need to be polled or can a sample be created
sample=representative slice of the “universe”
random sample=probability sample=randomly selected people within the “universe” in a certain
number of randomly selected places
each person in the “universe” has an equal chance in being selected
usually about 1,500 people are included in a poll
can the views of 1,500 accurately represent the views of 200 million?
yes, more or less because of the laws of probability, if the sample is of sufficient size, it will be
accurate with a small margin of error
quota sample=deliberately constructed to reflect several of the major characteristics of a given
“universe”
sometimes less reliable because it isn’t at random
often people in the sample will belong to more than one category that is being represented in
the sample
Preparing Valid Questions
wording is VERY important
should local taxes be reduced?
should the city’s police force be increased to fight the tide of crime in our community?
most would answer yes to both questions, yet the second question would most likely require
that taxes not be reduced
try not to use loaded words in responsible polling
avoid questions that will shape the answers given
Interviewing
how communication takes place is important
face to face, by telephone, by mail
regardless, the same techniques must be employed with all the respondents in a sample
tone, dress, appearance can influence responses
standardization is important!
Analyze and Report Findings
computers, and other electronic hardware are used to interpret the large amounts of raw data
findings are published in many ways
Evaluating Polls
Mass Media
medium=means of communication
public agenda=societal problems that the nation’s political leaders and the general public
agree need government attention
sound bites=snappy reports that can be aired in 30 or 45 seconds
Role of Mass Media
Media is the plural form of medium.
Mass Media are those forms that reach large, widely dispersed audiences.
Televisionnewspapersradiomagazineother (books, films . . . .)
Internet
Mass media is not a part of the Government, but serve to inform people about the Govern-
ment.
Large amounts of political information are passed through Media.
TV—
98% of the nation’s 120 million households have at least 1 TV.
has become the principle source of political information for the majority of Americans since the
early 1960s
1400 stations, 1000 commercial outlets, 300 public broadcasters
3 major national networks have been around since the beginning
Columbia Broadcasting System (CBS)
American Broadcasting Company (ABC)
National Broadcasting Company (NBC)
Decreasing influence of the three giants:
independent networks, Fox
cable broadcasters, Turner Broadcasting—CNN (Cable News Network)
Public Broadcasting System (PBS)
NEWSPAPERS—
have been regularly published in US since 1704
Newspapers are in decline—10,000 published, 1500 dailies, 7200 weeklies, 550 semi-week-
lies, several hundred foreign language papers
Factors in the decline of newsprint?
New York Times, Washington Post, Chicago Tribune, Los Angeles Times, Wall Street Journal,
USA Today, Christian Science Monitor
RADIO—
Radio as we know it really began in 1920
Radio was very popular, and immediately became a way to share political information
1927, 733 commercial stations were on air!
NBC 1926
CBS 1927
ABC 1943
networks made it possible to for millions of people to hear the same things
Franklin Roosevelt was the first to use Radio—Fireside Chats
People predicted TV would kill Radio—no so!
Today radio has both AM and FM stations—more than 12,000 in all
700 public, and NPR (National Public Radio which is the radio counter part of PBS)
MAGAZINES—
since the mid-1700s
First political magazines—Harper’s Weekly and the Atlantic Monthly appeared in the mid-
1800s
12,000 magazines in the US today—wide variety of topics
Top 3 News magazines, Time, Newsweek, US News and World Report
MEDIA and POLITICS
Public Agenda
media helps shape public agenda—what media reports will be what people will generally be
concerned with and think about
media can have the power to focus the public’s attention on a particular issue or ignore and
downplay other issues
examples??
We have to rely on media to report the information!
Media can also influence political figures
Electoral Politics
Media has helped decreased the power of parties in politics
TV has allowed candidates to be less dependent on their party because candidates can ap-
peal directly to the people.
TV has also put emphasis on the “image” of candidates because they are seen all the time.
Debates!
LIMITS on MEDIA INFLUENCE
Few people follow international, national or even local politics very closely
people who do pay attention to politics are selective about where they get their information
content is rarely 100% politics or public affairs
few public affairs programs air during “prime-time” because advertisers wish to get the most for
their ad dollars
radio and tv skim the surface of the issues
newspapers are more in-depth coverage of issues, but few people read them
Interest Groups: Chapter 9
public policy=the goals that government pursues
public affairs=issues and events that concern people at large
Role of Interest Groups
to influence the making of and content of public policy
to exercise 1st Amendment rights
to join people together under a cause
function at every level of government
to express the multiple “public opinions”
Different from Political Parties
1-they don’t make nominations
2-their primary focus is different—they don’t seek to elect people to office or control govern-
ment, just change it
3-the scope of their interests –they don’t express a range of issues, just one or things related
to one issue
Are they good or bad? What are the pros and cons?
pros: Alexis de Tocqueville
cons: James Madison
Valuable functions
stimulate interest in public affairs
represent members on basis of shared attitudes
provide useful, specialized, detailed information
vehicles for political participation
add to “checks and balances” (keep tabs on public agencies)
regularly compete with one another in the public arena, limiting their influence
Criticisms
influence of out of proportion to their size
hard to tell who or how many people a group really represents
many do not in fact represent the views of all the people they represent or claim to
speak
their tactics can undermine the political system: bribery, threats
Types of Interest Groups
trade association=interest groups of the business community
labor union=organization of workers who share the same type of job or work in the same in-
dustry
public-interest group=interest group that seeks to institute certain public policies of benefit to
all or most people in the country
Economic Based
Business Groups
Labor Groups
Agricultural Groups
Professional Groups
Other Interest Groups
Groups that promote causes
Organizations that promote welfare of certain groups
Religious Organizations
What do Interest Groups Do??
propaganda=a technique of persuasion aimed at influencing individual or group behaviors
single-interest groups=type of PAC (political action committee)
lobbying=activities by which a group pressures are brought to bear on legislators and the leg-
islative process
grass roots=of or from the people
Major Goals
supply the public with information an organization thinks people should have—usually
supports the group’s interests
build a positive image for the group
promote particular public policy
Propaganda used by interest groups
may be true, may be false
does not use objective logic
mass media uses propaganda
can involve name calling
generalities
symbols
bandwagon approach
newspapers, television, radio, internet, movies, billboards, books, magazines, pamphlets,
posters, speeches
Interest Groups affect on parties and elections:
wish to influence the behavior of political parties by keeping close ties with a party
urge members to become active in parties affairs
consider supporting a candidate
donating money through PACs
Interest Groups affect on Politics:
lobbying—interest groups, especially larger ones, employ lobbyists, many live in Wash-
ington, DC and in the 50 state capitals
lobbyists try to persuade members of Congress to support their issues
they use articles, reports, hearings to persuade
sometimes they use “grass roots” movements by getting voters involved to sway their
issues
some interest groups post “ratings” of members of Congress—based on the votes cast
on measures that those groups regard as crucial to their interests
they will make contributions, provide information, write speeches, draft legislation
Federal Regulation of Lobbying Act (1946) to regulate the actions of lobbyists required
lobbyists to register with the clerks of Congress, but allowed a loophole
Lobbying Disclosure Act of 1995 required registration of ALL individual lobbyists and or-
ganizations that seek to influence Congress—they must give general information about
their group (name, address, place of business, general description of activities, client in-
formation) and must make semiannual activity reports
states also have their own regulation of lobbyists
Chapter 10: The National Legislature
term—two-year period of time during which Congress meets
session—(two sessions per term) period of time during which each year Congress as-sembles and conducts business
adjourn—to suspend (when Congress stops meeting between sessions)
prorogue—adjourn as in a legislative session
special session—an extraordinary session of a legislative body, called to deal with an emergency situation
The US Government is a representative democracy, meaning people are elected in govern-ment to represent the ideas of the people.
Congress (or the Legislative Branch) is the clearest example of representative government and is charged with the most basic governmental function in a democratic society—translating pub-lic will into public policy in the form of law. (p.262)
Bicameral Congress
Constitution in Article I, Section 1 sets up a bicameral legislature, meaning there are two houses of Congress.
Historical Reasons
British Parliament had been two houses since 1300s
most of the colonial assemblies had been and state legislatures were bicameral
Practical Reasons
compromise between Virginia and New Jersey Plans
states are equally represented (Senate)
people are equally represented (House of Representatives)
Theoretical Reasons
“checks and balances” each house checks the other
diffuse the power of Congress
is state equality equal?
Terms and Sessions
Terms of Congress
last two years
are numbered consecutively
first term began on March 4, 1789 and ended March 4, 1791
terms used to begin in March because of the speed of communication and travel—elec-tion results had to reach around the country and new lawmakers had to make their way to Washington, DC
today terms begin “noon on the 3rd day of January” odd numbered years (set by 20th Amendment in 1933)
111th term of Congress began on January 3, 2009 at noon
Session of Congress
two sessions per term, one session each year (beginning at noon on the 3rd of January unless otherwise appointed a different day by law)
second session is usually set to begin a few days or weeks into January
Congress adjourns each regular session as it sees fit
sessions used to last four or five months, but today Congress meets for most of the year, with several short periods of “recess” each year
neither house may adjourn without the consent of the other
presidents can prorogue or “end” the session of Congress if the houses cannot agree on an adjournment date—no president has exercised this power
Special Sessions
only Presidents can call special sessions
special sessions can include either or both of the houses of Congress
the Senate has been called alone 46 times to consider treaties or Presidential appoint-ment; the house has never been called alone
special sessions are now less likely because of how often Congress meets
Chapter 10: the House of Representatives
apportion—distribute, as in the seats of the legislative body
reapportion—redistribute
off-year election—Congressional elections that occur between presidential election
single-member district—electoral district from which one person is chosen by the voters for each elected office
at-large—election of an officeholder by the voters of an entire governmental unit rather than the voters of a district or subdivision
gerrymander—drawing of electoral district lines to the advantage of a party or group
House size and terms
Constitution does not set the size of the House, just that it should be apportioned among the states on the basis of their respective populations
each state is guaranteed at least one seat
DC, Guam, Virgin Islands, and American Samoa elect a delegate to represent them and Puerto Rico elects a resident commissioner—they are not full-fledged members of the House of Representatives
two-year terms, so elections are always relatively close for members
no limit on how many terms they may serve
Reapportionment
seats in House must be reapportioned after each decennial census (ten year)
House began at 65 seats, shortly increased to 106
as the population grew, so did the House, until it was seen as being too large to actually achieve its goals
Reapportionment Act of 1929
set permanent size of House at 435 (unless someday Congress decides to change it)
after each census, the Census Bureau determines how many seats each state should have
Census Bureau sends its plan to the Congress
if within 60 days neither house rejects the plan, it becomes effective
Congressional Elections
held the same day in every state
since 1872, the Tuesday following the first Monday in November of each even num-bered year
exception is Alaska, which may hold its election in October, but has chosen so far to use the November date
since 1872, Congress directed that representatives should be chosen by written or printed ballots
since 1899, voting machines have been approved
Off-year elections—in the nonpresidential election years
often the party that holds the presidency loses seats in the off-year elections
why?
Districts: there are 435 separate congressional districts across the country
districts are not in the Constitution, states used to decide whether to have an “at-large” or a single-member district elections to choose their representatives
since 1842, all seats were to be filled from single-member districts
state legislatures are responsible for drawing the districts in their respective states
1842 law says that districts must be contiguous territory and nearly equal number of in-habitants, then in 1901, compact territory
these requirements were often ignored, Congress made no attempts to enforce them, they were left out of reapportionment act of 1929
Gerrymandering
since 1929, many State legislatures had drawn oddly shaped districts with widely vary-ing population
many of these oddly shaped districts have been gerrymandered—drawn to the advan-tage of a certain party or group (remember, these are single-member districts, and only one person will be elected to represent each district in the House of Representatives
the practice is widespread today, districts for state legislators, in cities, counties, school districts, et cetera
two forms
concentrate the opposition’s voters in one or a few districts, leaving other districts safe for the dominant party
spread the opposition thinly among several districts, limiting ability to win anywhere
republican v democrat, rural v urban
Westberry v Sanders, 1964
Georgia’s congressional districts were so widely different in population that they were found to violate the Constitution
Qualifications for House members
Formal Qualifications
must be 25
must have been a citizen of US for at least 7 years
must live in the state from which elected
custom (not law) says they should live in the district that they represent
legislator should be close to and understand the people, locale, and issues they repre-sent
the House of Representatives is the “Judge of the Elections, Returns and Qualifications of its own members,” according to the Constitution
decides the outcomes of disputes over challenged seats
punishes its own members for disorderly behavior
can refuse to seat a member-elect by majority vote
can expel members with 2/3rds vote
has expelled a few members, examples p. 273
some members resign to avoid expulsion
Informal Qualifications
vary from state to state—related to vote-getting abilities
party identification
name familiarity
gender
ethnic characteristics
political experience
Chapter 10: the Senate
continuous body—governing body whose seats are never all up for election at the same time
constituency—the people and interests that an elected official represents
Senate is often viewed as the “upper house” of Congress.
Many Senators were once Representatives in the House of Representatives.
Size
Constitution says that the Senate “shall be composed of two Senators from each State,”
began with 22 members in the first term, and ended the term with 26.
size of the Senate has grown as States have entered the US
today, 100 senators represent the 50 states
Framers hoped that the Senate being smaller would be more enlightened and responsi-ble than the House
Senators represent whole states, and so usually represent larger, more diverse popula-tions than Representatives
Election
originally, Senators were chosen by the State legislatures
since the 17th Amendment in 1913, Senators have been chosen by the voters in each State
unless a state’s seat has been left vacant by death, resignation, or expulsion, only one seat is up for election in any given election
Senators are elected from the State at-large
Term
six-year terms
1/3rd of the Senate is up for re-election every two years, terms are staggered
makes the Senate a continuous body
longer terms make Senators less subject to the pressure of public opinion
larger constituency
Senators are more well known
Qualifications
higher qualifications than House
must be 30 years old
must have been a citizen for at least nine years
must live in the State from which elected
Senate sets its own qualifications
may exclude a member by a majority vote
can refuse to seat a member-elect
can punish members and expel members
Chapter 10: Members of Congress
trustee—lawmaker who votes based on his or her conscience and judgment, not the views of his or her constituents
partisan—lawmaker who owes his/her first allegiance to his/her political party and votes according to the party line
delegate—lawmakers who vote according to the will of their constituency
politico—lawmaker that attempts to balance the basic elements of the trustee, delegate, and partisan roles
oversight function—review by legislative committees of the policies and programs of the executive branch
franking privilege—benefit allowing members of Congress to mail letters and other ma-terials postage free
Which is the best type of politician: trustee, partisan, delegate, or politico?
535 members of Congress are not a true cross-section or representation of the population of the country!
The average age is 54 in the house, 59 in the Senate!
The average member is a white male in his 50s.
There are more women today, and they are moving into leadership roles (currently the Speaker of the House is Nancy Pelosi).
Today there are more African Americans, Hispanics, Asian Americans.
Nearly all the members are married (two children is the average).
Many are either Protestant or Roman Catholic, some Jewish, few say they have no religious affiliation.
Many are lawyers by profession, and most went to college.
Most were born in the State they represent.
Only a few were not born in the US.
What is the Job?
legislator
representative of constituents
committee member
servant of constituent
politicians
Voting Options: how will they choose to represent their constituents?
trustee
delegate
partisan
politico
Committee Member: every member is in a committee
proposed bills are referred to committees in each chamber of Congress
committee members screen the proposals, decide which will go to the floor for consider-ation and which will die in committee
through committees, Congress performs its oversight function, checking on and making sure that the various agencies in the executive branch are working effectively and fol-lowing the policies and laws set
Servants: help their constituents that have various problems with federal bureaucracy
Social Security benefit, passport application, small business loan. . . .
basically doing favors
careful to respond to requests because all the requests come from voters!
$$$:how much do they make?
Constitution guarantees a salary for Congress
senators and representatives make $158,000
Speaker of the House makes $193,000
Sentate President Pro Tempore, majority and minority leaders make $172,900
benefits
special tax deductions (because some maintain two residences, DC and home)
travel allowances
inexpensive and good health and life insurance plans
health care from military hospitals at low rates
generous retirement plan
office in DC, allowances for offices in their home and district
funds for hiring staff and operating costs
franking privilege
free printing
gyms, pools, exercise rooms and saunas
Library of Congress
parking spaces at Capitol and DCs airports
two things limit Congressional pay—Presidential veto and backlash from the voters
Congress doesn’t want to raise its salary and upset the voters—so they use benefits and allowances to make up for the salary in other ways
certainly, for the job they do, they deserve decent compensations
decent salary will attract qualified people to the job
certainly people don’t run for Congress just for the salary!
Other Privileges
Constitution protects them from arrest except in cases of treason, felony and breach of the peace protected speech and debate in the chambers—won’t be charged with libel or slander due to anything they do in official conduct—allows for freedom of debate and discussion when it comes to legislative matters (not designed to allow attack verbally or defame another person)
Chapter 11: Powers of Congress: The Scope of Congressional Power
expressed powers—powers that are spelled out expressly in the Constitutionimplied powers—powers that are suggested by the expressed powersimpliedinherent powers—powers that are assumed to the National Government because it is the gov-ernment of a sovereign nationstrict constructionist—one who argues a narrow interpretation of the Constitution’s provisions, in particularly those granting powers to the National Governmentliberal constructionist—one who argues a broad interpretation of the provisions of the Constitu-tion, particularly those granting powers to the National Governmentconsensus—general agreement among various groups on fundamental matters; broad agree-ment on public questions
Even though Congress deals with many different matters, it does have limits.the government of the US is limited governmentthe US government is a federal government
Congress only has those powers delegated (granted, given) to it by the Constitution.Large areas of power are denied to Congress by the Constitution through delegation, silence, and the federal system.
Congress can’t: create a national public school system, require people to vote or go to church, set minimum age for marriage or drivers’ license, abolish jury trials, confiscate all handguns, or censor the content of newspaper columns or radio or television broadcasts.
Congress can exercise the powers the Constitution grants it. The Constitution grants powers in three different ways:expressed powersimplied powersinherent powers
Conflict over how to interpret the Constitution:going back to the to the Federalists and Anti-Federalists there are still today two schools of thought on the Constitutionrather than calling them Federalists and Anti-Federalists today they are liberal and strict con-structionistsstrict constructionists (previously Anti-Federalists led by Thomas Jefferson) say that Congress should only be able to exerciseits expressed powersthose implied powers absolutely necessary to carry out the expressed powerswanted to retain rights for the states to carry out things that only states could decide for them-selves feared the National Government couldn’t protect the needs of statesliberal constructionists (previously the Federalists led by Alexander Hamilton) favored a liberal construction of the Constitutionunder this idea, the power of the National Government has grownCongress’s powers have grown, and continue to growthe growing power have been caused by many sources—wars, economic crisis, national emer-genciesin general, the people of the US have agreed with the broader rather than narrow reading of the Constitutionthere has been a consensus over the broader view of the Constitution
Chapter 11: The Expressed Powers of Money and Commercetax—a charge levied by government on persons or property to meet public needsdirect tax—a tax that must be paid by the person on whom it is leviedindirect tax—a tax levied on one party but passed on to another for payment
deficit financing—practice of funding government my borrowing to make up the difference be-tween government spending and revenuepublic debt—all the money borrowed by the government and not yet repaid, plus the accrued interest on that money; also called national debt or federal debtcommerce power—exclusive power of Congress to regulate interstate and foreign trade legal tender—any kind of money that a creditor must, by law, accept in payment for debtbankruptcy—the legal process by which a bankrupt person’s assets are distributed among those to whom he or she owes debts
Most of the Expressed Powers of Congress are found in Article I, Section 8.18 clauses spell out 27 powers given to Congress.More understanding of these powers comes from learning what Congress has done with them rather than reading the powers themselves.
Power to Tax comes from Article I, Section 8, Clause 1, “to lay and collect Taxes, Duties, Im-posts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States….”since the Articles of Confederation had not given Congress the power to tax, it was a notice-ably important power for the new Constitution to grant Congress.most of the revenue of the National Government comes in the form of taxestaxes are levied on a person’s income, propertyCongress sometimes devises taxes for other purposes, the protective tariff is an example, it does bring in revenue, but its purpose is to protect domestic industry against foreign industry by increasing the cost of foreign goodssome taxes are for public health and safety, in order to manufacture or sell narcotics, people must have the proper federal licensure—a form of taxation—licensure also helps to regulate the industry
Limits on Taxationcannot tax church services—violates the first amendment freedom of religioncannot use tax as a condition for voting—violates the 24th amendment(1) Congress may only tax for public purposes(2) Congress may not tax exports(3) direct taxes must be apportioned among the States according to populationspaid directly to the governmenttax on the ownership of land, buildingsincome tax (16th Amendment)direct taxes, in proportion to population, would fall more heavily on some and so would be un-fair, so income tax is the only direct tax the government levies outside DC(4) indirect taxes levied by the Federal Government must be at the same rate in every part of the country (duties, imposts, excises) these include taxes on alcoholic beverages, tobacco products, gasolineindirect taxes are first paid by one person, then passed on to anothertax on cigarettes is first paid to the Treasury by the company, then passed on to the whole-saler, to the retailer, to the person who buys the cigarettes
Borrowing: Article I, Section 8 Clause 2: Congress gets the power to borrow money on the Credit of the United Statesno Constitutional limits on the amount of money that Congress may borrowno restriction for purposedeficit financing, for decades the US has spent more than it makes in a year, borrows to make up the differenceDepression of 1930sWorld War IIfund programsnever showed a surplus between 1969 and 1998public debt rises each yearBalanced Budget Act of 1997=promise to eliminate debt financing, surpluses followed in the next few yearsEra of surpluses was briefsharp downturn in the economymajor tax cuts (under Bush administration)onset of war on terrorism
The Commerce Clause, Article I, Section 8, Clause 3 gives Congress the power “to regulate Commerce with foreign Nations, and among the several States, and with Indian Tribes.” Congress gets to regulate interstate and foreign trade because the Articles of Confederation didn’tit has allowed the growth of a large economyGibbons v. Ogden, 1824, first case to reach Supreme Court involving the Commerce Clause (p.297), changed the range of “commerce”it defined commerce as interactions between nations, parts of nations, in all its branchesthe issue had been over steamboat monopolies, thus ending the monopoliesafter this decision, steamboat industry boomed as well as the railroadcommerce power has allowed for extension of the federal authorityLimits on Commerce Powermust be in accord with all other parts of the Constitutioncannot tax exportscannot favor the ports of one State over anothercannot require that “Vessels bound to, or from, one State, be obliged to enter, clear or pay Du-ties to another,” Article I, Section 9, Clause 6 could not interfere with the slave trade, at least not until the year 1808, Article I, Section 9, Clause 1 (Slave-trade Compromise)
Currency Power: Article I, Section 8, Clause 5: coin money and regulate value, this power is denied to the individual Statesuntil the Revolution, the English money system was in place in the coloniesArticles of Confederation did issue money, but had no backing for it, making the money worth-less; states also issued currencythere was British, Spanish, US, and state currencies floating around in the US, making it diffi-cult to know what money was real and should be accepted as paymentFramers decided to end confusion; gave only Congress the power to coin money
has been one of the most important powers and tasks the Government performsfirst, coins (gold, silver, other metals)Bank of US chartered in 1791, began issuing paper bank notes (that were not legal tender—paper money did not become legal tender until 1861)new national paper notes were called Greenbacks—could not be redeemed for gold or silver coin at the Treasury—their worth fell to less than half their face valueSupreme Court held the issuance of Greenbacks to be unconstitutional (Hepburn v Griswold, 1870, said “coin” meant to stamp metal and so did not authorize paper money)Supreme Court changed its mind, in 1871, Legal Tender Cases and 1884, Juliard v. Green-man paper money was held to be legal tender, and the issuing of paper money was proper use of the power to coin money
Bankruptcy: Article I, Section 8, Clause 4: “establish uniform Laws on the subject of Bankrupt-cies throughout the United States.”bankrupt individuals or companies are found to be insolvent (or unable to pay debts)bankruptcy is the legal process for paying back debts, freeing the person or company from the debtsStates and National Government have concurrent power to regulate bankruptcy
Other Expressed Powersnaturalization—the legal process by which citizens of one country become citizens of anothercopyright—the exclusive, legal right of a person to reproduce, publish, and sell his or her own literary, musical, or artistic creationspatent—a license issued to an inventor granting the exclusive right to manufacture, use, or sell his or her invention for a limited period of timeeminent domain—power of a government to take private property for public use
Foreign Relations PowersNational Government has greater powers in foreign relations than any other areapowers are shared by Congress and the PresidentStates are not allowed to participate in foreign relationsCongress gets its foreign relations powers from 2 sourcesexpressed powers in the Constitution (war powers, regulating foreign commerce)sovereignty of the US, and Congress is the lawmaking body, gives it the power to act on mat-ters affecting the security of the nation (regulating immigration and measures to combat terror-ism)
War Powers: Article I, Section 8: 8 of these deal with war and national defenseshared powers with the PresidentONLY Congress my declare warCongress has the power to raise and support militarymarque and reprisal—written grants of power authorizing private persons to outfit vessels to capture and destroy enemy vessels in times of war—were forbidden by international law by the Declaration of Paris 1856—US honors the ruleWar Powers Resolution 1973—Congress claimed the power to restrict the use of American forces in combat areas where a state of war does not exist
NaturalizationCongress has the power to set the rules for naturalization
Postal Power: Article I, Section 8, Clause 7: “to establish post offices and post roads”post roads are all postal routes, railroads, airways, waters within the US during the time mail is being carried on themBen Franklin is usually credited as the founder of the present-day postal system38,000 post offices, branches, stations750,000 employeesCongress has established postal crimes:it is a Federal crime to obstruct mailuse the mail to commit fraudor use the mail to commit any other crimeCongress has prohibited the mailing of certain items:any article prohibited by a State’s laws cannot be sent into that State by mail (fireworks, switchblades)other items including chain letters or obscene materials cannot be sent by mailState and local governments cannot unreasonably interfere with mail States cannot require licenses for Postal Service vehicles States cannot tax the Post Offices, or any property of the US Postal Service (down to the gas used in the vehicles)
Copyrights and Patents: Article I, Section 8, Clause 8: grant copyrights and patents in order to promote progress: intellectual propertycopyrights are registered by the Copyright Office in the Library of Congress; they are good for the life of the author plus 70 years; can be transferred to a publishing firm by mutual agree-mentcopyrights cover: books, magazines, newspapers, musical compositions and lyrics, dramatic works, paintings, sculptures, cartoons, maps, photographs, motion pictures, sound recordings . . . .Copyright Office does not enforce the protections of a copyright, the owner may sue for dam-ages in court for infringement or violation of a copyright
patents give rights on “any new and useful art, machine, manufacture, or composition of mat-ter, or any new and useful improvement thereof”patents are good for 20 years; terms may be extended by a special act of CongressPatent and Trademark Office in the Department of Commerce administers patent lawsutility patents: useful processes, machines, articles of manufacture and compositions of matterdesign patents: prohibit unauthorized use of new, original, and ornamental designs for manu-factured articlesplant patents: protect certain invented or discovered plant varietiesTrademarks are an implied power from the commerce powertrademarks are some distinctive word, name, symbol, or device used by a manufacturer or merchant to identify his goods or services and distinguish them from those made or sold by others
trademarks may be registered for 10 years and renewed unlimited number of timestrade secrets: information that companies keep secret to give them an advantage over their competitors
Weights and Measures: Article I, Section 8, Clause 5: “fix the standard of weights and mea-sures” reflects the need for accurate uniform gauges of time, distance, area, weight, volume, and the like1838 Congress set the English system: pound, ounce, mile, foot, gallon, quart1866 Congress legalized the use of the metric system: gram, meter, kilometer, liter1901 Congress created the National Bureau of Standards in the Commerce Department, now the National Institute of Standards and Technology—keeps the original standards by which all measures in the US are tested and corrected
Power over Territories and Other Areas: Article I, Section 8, Clause 17 and Article IV, Section 3, Clause 2: power to acquire, manage and dispose of various federal areaspower relates to Washington DC, Puerto Rico, Guam, Virgin Islands, military installations, ar-senals, dockyards, post offices, prisons, parks and forest preserves, and other federal holdingsFederal Government may acquire property by purchase or gift or eminent domainterritory may also be acquired from a foreign state based on the power to admit new States, on the war powers, and on the President’s treaty-making power
Judicial Powerspart of Checks and Balancesexpressed power to create all of the federal courts below the Supreme Court and to structure the Federal Judiciarypower to define federal crimes and set punishment for violators of federal lawArticle I, Section 8: counterfeiting, piracies and felonies on the high seas, offenses against in-ternational lawArticle III, Section 3: treasonCongress has used its implied powers to establish more than one hundred other federal crimes
Chapter 11: The Implied Powers
appropriate—assign to a particular useNecessary and Proper Clause—Constitutional clause that gives Congress the power to make all laws “necessary and proper” for executing its powersdoctrine—principle or fundamental policy
The implied powers of Congress allow Congress to do things not expressly granted, but be-lieved that it should do, for instance assigning money to education through the Department of Education.
Necessary and Proper Clause: Article I, Section 8, Clause 18often called the “Elastic Clause” because it has been stretched so far and made to cover so much over the years
immediately there was a battle over implied powers1790 Alexander Hamilton: Secretary of the Treasury, urged Congress to set up a national bank—became one of the most important disputes in all of American political historyopponents said the Constitution nowhere stated the power to create a national bank (strict con-structionists)Hamilton and the liberal constructionists said it was necessary and properCongress sided with Hamilton, US Bank chartered in 1791, for 20 years, til 1811McCulloch v Maryland, 1819Congress created the Second Bank of the United States (after another battle over the powers of Congress)opponents of the new bank tried to sabotage the bank (Maryland placed a tax on all notes is-sued by any bank doing business in the State but not chartered by the State legislature)the Second Bank Branch in Baltimore issued notes on which no tax had been paid (James Mc-Culloch was the cashier)in Maryland’s courts, the State won, the case then went to the Supreme Courtin argument, Maryland took the strict constructionist view, saying the bank wasn’t even Consti-tutional; the US argued the concept of implied powers, and that no State could lawfully tax any agency of the Federal GovernmentSupreme Court overturned Maryland decision, saying that indeed the Second Bank was nec-essary and properthis gave sweeping approval to the doctrine of implied powersChief Justice John Marshall’s court opinion, p. 307very broad interpretation of the ConstitutionChart of Implied Powers of Congress, p. 308Became known as “the doctrine of implied powers”Reining in Congress, p. 309
Chapter 11: The Nonlegislative Powers of Congress
successor—a person who inherits a title or officeimpeach—to bring formal charges against a public official; the House of Representatives has the sole power to impeach civil officers of the United Statesacquit—find not guilty of a chargeperjury—the act of lying under oathcensure—issue a formal condemnationsubpoena—an order for a person to appear and to produce documents or other requested ma-terials
There are several things Congress must do besides making laws.
Congress may propose Constitutional Amendments: Article Vneeds a 2/3rds vote in each househas happened 33 timesCongress may also call a national convention of delegates from each of the States to propose and amendment, but only if requested by at least 2/3rds of the State legislaturesseveral States legislatures have petitioned Congress for amendments
Electoral Duties12th Amendment says that if no candidate wins a majority of the electoral votes for President, the House of Representatives, voting by States, decides the issuemust choose from the three highest contenders in the electoral college ballotingeach State gets one vote to casta majority of the States is necessary for the electionSenate has this power for the Vice PresidencyHouse has twice chosen a President—Thomas Jefferson in 1801 and John Quincy Adams in 1825Senate had to pick a VP only once, 1837, Richard M. Johnson25th Amendment—if the VP spot becomes vacant, the president nominates a successor, Con-gress must approve with a majority vote in both houseshas been used twice, Gerald Ford 1974 then Nelson Rockefeller 1974
Impeachmentall civil officers of the United States may “be removed from office on impeachment for and con-viction of, treason, bribery, or other high crimes and misdemeanors,”House of Representatives had the sole power to impeach (to accuse or bring charges)Senate has the sole power to try (or judge) impeachment casesrequires a majority vote in the House to impeachconviction requires 2/3rds vote in the SenateChief Justice presides over the Senate when a President is being triedpenalty for conviction is removal from office, and Senate may prohibit a convicted person from ever holding federal office again persons can then be tried in the regular courts for any crime involved in the events that led to the impeachmentthere have been 17 impeachments, 7 convictions (all persons removed by the Senate were federal judges)two Presidents have been impeached by the House, Andrew Johnson in 1868 and Bill Clinton 1998; the Senate voted to acquit both menp. 312, Description of the Impeachment Process, with details from both impeachmentsRichard Nixon 1974—resigned from office facing certain impeachment
Executive PowersAppointments to officethe Senate confirms all major Presidential appointmentsthe nominees are referred to the appropriate standing committee of the Senatehearings are held to decide whether or not to make a favorable recommendation to the full Senate rare for the nominations to be turned down by the Senate“senatorial courtesy” comes into play with the appointment of federal officers who serve in the various States—the Senate will turn down the appointment if it is opposed by a senator of the President’s party from the State involvedimplies that some senators can dictate presidential appointments??Treaties
treaties are made “by and with the Advice and Consent of the Senate, . . . provided two thirds of the Senators present concur.”President used to ask the advice of the Senatenow Presidents usually consult members of the Senate Foreign Relations Committee and influ-ential members of both partiesSenate may accept or reject a treatySenate may offer amendments, reservations or understandings to a treatyinfluential House members are often also consulted in the treaty-making process
Investigatory PowerCongress has the power to investigate any matter that falls within the scope of its legislative powersinquiries are held togather information useful to Congress to make legislationoversee the operations of various executive branch agencies (oversight-function)focus public attention on a particular subjectexpose the questionable activities of public officials or private personspromote the particular interests of some members of CongressChapter 12: Congress in Action: Congress Organizes!Speaker of the House—presiding officer of the House of Representatives president of the Senate—presiding officer of the Senate—the Vice Presidentpresident pro tempore—member of the Senate chosen to preside in the absence of the presi-dent of the Senate (VP)party caucus—(party conference) a closed meeting of a party’s House or Senate membersfloor leader—members of the House and Senate picked by their parties to carry out party deci-sions and steer legislative action to meet party goalswhip—assistants to the floor leaders in the House and Senate responsible for monitoring and marshalling votescommittee chairman—member who heads a standing committee in a legislative bodyseniority rule—unwritten rule in both houses of Congress reserving the top posts in each chamber, particularly committee chairmanships, for members with the longest records of ser-vice
Congress employs 30,000 people (some Congressional staff, some working in agencies cre-ated—Library of Congress . . .)Congress budgets several billion dollars to finance operations each yearIn order to function, Congress must be organized!
Remember, terms begin on the 3rd day of January, every odd-numbered year (following the November elections).
Opening Day: Housetechnically, the House begins fresh each term with no sworn-in members, no established rules, and no organization until the opening day ceremonies are heldthe clerk of the House (a nonmember officer picked by the majority party) from the preceding term is in charge of the first day’s session
chamber is called to order, roll is called Speaker is chosen (but has already been chosen prior to the start of Congress, this is just the official choosing) and sworn in by the clerkthe Speaker then swears in the rest of the members as a groupmembers take their seats, where people sit is determined by their party, Democrats on one side, Republicans on the otherHouse elects its new clerk (will be a different person from above if the majority party has changed or the previous clerk has resigned for some reason),sergeant at arms, chief adminis-trative officer, and chaplainall of these people are nonmembers, they are chosen by the majority party before the term be-gins and their elections are formalitiesthe House will then adopt the governing rules, usually they simply adopt the “rule book” that has been developing over the last 200 years with little or no changethe House will then appoint the members of the 19 permanent committees
Opening Day: SenateSenate has operated without interruption since its first session in 1789Opening Day in the Senate is far simpler than the House, because at least 2/3rds of the Sen-ate are carried over from the last termnewly elected and returning members must be sworn incommittee vacancies must be filled
State of the Union Addresscustomarily, after the House is organized and notifies the Senate, a joint-committee (commit-tee of both houses) is appointed “to wait upon the President of the United States and inform him that a quorum of each House is assembled and that the Congress is ready to receive any communication he may be pleased to make.”within a few weeks, the President will deliver the State of the Union to a joint session of Con-gress (both houses)others in attendance are the Cabinet, justices of the Supreme Court, foreign diplomatic corps, dignitariesthe address takes place in the House chamberthe State of the Union is a Presidential report on the country as the President sees it and will conwtaininformation on policies the President plans to followlegislative recommendationsthe address is televised live
Presiding Officers: Constitution states each house of Congress have a presiding officerSpeaker of the Housepresides over the House of Representativesa very powerful positionelected by the House (majority party)generally the acknowledged leader of the majority party (although this isn’t a rule)Speakers are supposed to preside fairly and judiciously, but to also aid the goals of the major-ity party
two major duties, to preside and to keep orderpresides over every session (or appoints someone to preside)members must be recognized by the Speaker of the House before they can speakSpeaker interprets and applies the rules of the Houserefers bills to standing committeesrules on questions of procedureputs motions to a votedecides the outcome of votesnames the members of all select and conference committees (to be explained later)signs bills and resolutions passed by the HouseSpeaker is still a member of the House and the representative to his/her districtSpeaker may debate and votetemporary presiding officer must be appointed during this timeSpeaker does not often voteSpeaker of the house follows the Vice President in the presidential line of succession
President of the Senatepresides over the SenateVice President is the President of the SenateNOT a member of the Senate, and so this is a less powerful chair than the Speaker of the HouseNOT elected by the Senate itself, might not be of the same party as the majority party of the Senatehas same presiding powers as Speaker of the House: recognizing members to speak, putting measures to a voteCANNOT participate in debateONLY votes to break a tiehas little influence over the Senate, but many VPs are former Senators, which gives them a lit-tle more influence
President Pro Tempore of the Senateserves in the absence of the VPelected by the SenatePresident Pro Temcustomarily the leading member of the majority party in Senate (usually the longest serving member of the party)other members of Senate preside on a temporary basisfollows the Speaker of the House in the Presidential line of succession
Party Caucusboth houses of Congress are organized along party linesParty Caucus is a closed meeting of the members of a party in each housethey happen before Congress convenes in January and occasionally during a sessionoften called a party conference todaymostly, caucus deals with the organization of the party—who will fill the party leadership spotscaucus often also are held to decide and encourage a decision on one bill or another
policy committee—party’s top leadership leads the caucus
Floor Leadersnot official positions, but party officestry to carry out the party decision on the floor of Congresschief spokesman of the party in the respective housesneed to be highly skilled in politicsmajority floor leader has more power than the minority leaderassisted by whipschosen by the caucusthere are a number of whips in the house because there are more memberswhips are the link between party leadership and the rest of the partythey measure how many votes can be counted on in any particular matter so the party knows where it standsmake sure party members are present for votes on important mattersencourage party members to vote with party leadershiptry to make sure that if there are absent members on voting days there is an absent member of the other party or at least a member who will not vote on the issue
Committee Chairmenmuch of Congressional work actually happens within committeesCommittee Chairmen hold important poststhey are chosen from the majority partydecide when the committees will meetwhich bills they will discussif they will hold public hearings and what witnesses they will callChairmen manages debate on the floor for bills coming from their committee and try to steer the debate to have the bill passed
Seniority Ruleunwritten customstates that the most important posts in both houses will be given to the party members with the longest records of service in Congressusually applied to committee chairmen (usually the longest serving member of the majority party on that committee)Criticisms:ignores abilitydiscourages younger/newer members of Congresschairmen then also come from “safe” constituencies—a district that votes the same way, elec-tion after electionwith no contest, critics say these Congressmen are out of touch with public opinionDefenders:provides that a powerful and experienced member will head committeeseliminates squabbling for positions inside the partyin recent years, secret ballot has been used to choose some of the committee members and chairmen
Rule in the House Republicans: limits the tenure of committee chairmen—no Republican Chairman can serve more than six years as chairman
Chapter 12: Congress in Action: Committees in Congressstanding committee—permanent committee in a legislative body to which bills in a specified subject-matter area are referredselect committee—legislative committee created for a limited time and for some specific pur-pose; also know as a special committeejoint committee—legislative committee composed of members of both housesconference committee—temporary joint committee created to reconcile any differences be-tween the two houses’ versions of a bill
There is so much work to be done in Congress that the work must be divided.In 1789 the House and Senate both decided to name special committees to focus on each bill introduced. Too many committees were made, so in 1794, each house set up the standing committees where bills that were similar could be sent for discussion.
Standing Committeesnumber of committees has changed over timesomewhere in the realm of 20 todaymembership in committees varies also—House 10-75; Senate 14-28House members are usually assigned to one or two committees; Senators to three or fourcommittees are where bills are thoroughly discussedmembers usually respect the decisions made by committeesoften bills do not make it out of committee to full floor discussion and vote some committees are seen as more influential than others (of course, members try to get posi-tions on these committees) (List of all committees on page 330)House leading committees are:RulesWays and MeansAppropriationsArmed ServicesJudiciaryInternational RelationsAgriculturalSenate leading committees are:Foreign RelationsAppropriationsFinance JudiciaryArmed ServicesBanking, Housing and Urban AffairsMost of the committees are “subject matter” committees, although a few are notpresiding officer of each house refers bills to their appropriate standing committeestanding committees are divided into subcommittees, further dividing the work
House Rules Committee“traffic cop” of the Houseafter bills pass through their standing committee, before bills reach the floor of the House, they must also pass through the Rules Committeethe Rules Committee schedules floor consideration, deciding whether and how the Full House will consider a measureRules Committee then can speed, delay or prevent appearance of bills on the floor(In the Senate, the majority floor leader controls the appearance of bills on the floor.)
Select Committeessometimes called special committees are put together for some special purpose for a limited time, usually to investigate some current mattermembers are appointed by the Speaker of the House or the President of the Senatesometimes they are made for very exciting, historic issues, and other times for important—but not exciting—things
Joint and Conference CommitteesJoint committees have members of both housessome are select committees to serve some specific purposemost are permanent groups that serve on a regular basis and deal with matters of concern for both houses
Conference Committees are special committees put together to produce a bill that both houses will accept when they have passed different versions of a bill and neither house will agree to the other’s bill
Chapter 12: Congress in Action: How a Bill Becomes a Law: The Housebill—proposed law presented to a legislative body for considerationjoint resolution—a proposal for action that has the force of law when passed; usually deals with special circumstances of temporary mattersconcurrent resolution—a statement of position on an issue used by the House and the Senate acting jointly; does not have the force of law and does not require the President’s signatureresolution—a measure relating to the business of either house, or expressing an opinion; does not have the force of law and does not require the President’s signaturerider—unpopular provision added to an important bill certain to pass so that it will “ride” through the legislative processdischarge petition—a procedure enabling members to force a bill that has been pigeonholed in committee onto the floor for considerationsubcommittee—division of an existing committee that is formed to address specific issuesCommittee of the Whole—a committee that consist of an entire legislative body; used for a pro-cedure in which a legislative body expedites its business by resolving itself into a committee of itselfquorum—least number of members who must be present for a legislative body to conduct business; majorityengross—to print a bill in its final form
Something like 10,000 measures are brought to Congress (either House or Senate) each term (two years) of Congress! Very few ever become law, something like 10%.
Why so few? The process is very complicated!
What measures are bought to Congress:bill is a proposed law presented for considerationthe idea for most bills comes from the executive branch of governmentbusiness, labor, agriculture, and other special interest groups also write bills and present ideasstill other bills come from the ideas of private citizenssome come from the ideas presented by the committees of Congressbills or resolutions are usually about a single subjectsometimes a rider is added that deals with an entirely different subjectriders often would not pass on their ownadded to bills or resolutions certain to pass or must be passedthe “ride” or take advantage of the success of the bill they attach tooften the bills that measures (bills or resolutions) take several different forms
bills are either public or privatepublic bills apply to the nation as a wholeprivate bills apply to certain persons or places
joint resolutions are similar to bills and have the force of law when passeddeal with temporary matters
concurrent resolutions are for issues the House and the Senate must address togetherdo not have the force of lawusually used to state an opinion
resolutions are for either house alonerules and procedures in one housedo not have force of law
The House Path of a bill:only members can introduce bills in the Housemembers drop them into the “hopper” (a box on the clerk’s desk)clerk of the House numbers each bill House bills begin with H.R. and are numbered consecutively as measures introduced in Con-gress(Bills introduced in the Senate begin with S.)clerk gives each bill a short titlebills are entered into the House Journal and in the Congressional Record for the day Journal contains the minutes or official record of daily proceedingsCongressional Record account of daily proceedings—speeches, debates, et cetmembers have five days to make changes
the bill will have then been through its first readingbills will have three readings before being passed:first in introductionsecond during floor considerationthird just before the final votereadings are usually by number and title onlymore important or controversial are read in fullreadings today are sometimes ceremonial, stemming from ancient parliamentary practice; used to be important because not all members could readbills are printed after introduction and distributed to the membersthe Speaker will then refer the bill to the appropriate standing committee
Bill in Committeefate of most bills is decided in committeethousands of bills are introducedmany are “pigeonholed” meaning they die in committeemost bills deserve this?if an pigeonholed bill is something the House wants to consider, members can force the bill to discussion after it has remained in committee for 30 days with a discharge petitionany member my file a discharge motionif it is signed by a majority (218) of members, the committee has seven days to report the billif not, any member that signed the motion can move the bill to the floorbills that are discussed in committee are sent to a subcommitteepublic hearings might be held to gather information about the subject where interested parties might be asked to testify or present informationjunkets (or trips) to locations affected might be taken
Committee Action after discussionReport the bill favorably—recommend passingRefuse to report the billReport the bill in amended formReport the bill with an unfavorable recommendationReport a committee bill—an entirely new bill the committee substitutes for bills referred to itFloor DebateBills must be placed on a calendar before they are debated (there are five different calendarsCalendar of the Committee of the Whole House on the State of the Union (or Union Calendar)=all bills having to do with revenues, appropriations, or government propertyHouse Calendar=all other public billsCalendar of the Committee of the Whole House (or Private Calendar)=all private billsCorrections Calendar=all bills from the Union or House Calendar taken out of order by unani-mous consent=usually minor bills to which there is no oppositionDischarge Calendar=petitions to discharge bills from committee bills are considered from these calendars on a regularly scheduled basis, each calendar has certain days of the month that bills can be presented
Even with the elaborate schedule, things are often even more complicated!
Rules Committee must grant each bill a “rule” before most bills can reach the floor= before they can be taken from the calendar and set a time for appearance on the floorby not granting a rule, the Rules Committee can kill a billrule can also set conditions for the consideration of a bill—for instance a time limit on floor de-bate or prohibit portions of a billcertain bills get privilege and may be called up any timesome days, the House suspends its rules (must be approved by 2/3 vote of members present)suspending rules can allow a measure to move quickly through the stepsHOWEVER, the rules are very important to keep things organized since the House is so largeall the calendars and the rules committee serve to help the House handle the heavy and often very different work load
if a bill does reach the floor of Congress, it first has its second readingmany bills are minor and are dealt with quicklyimportant bills are often considered under a Committee of the Wholea parliamentary device for speeding debateall members are part of the committeeinstead of a majority quorum of 218 members, and Committee of the Whole only needs 100 members presentSpeaker steps down, another member presidesbill gets second reading, section by sectionat each section, amendments may be offered5-minute rule gives supporters and opponents 5 minutes to make their casesvotes are take on each section and its amendmentswhen the bill has been read fully, the House dissolves the committeeSpeaker resumes his or her position, and adopts the work of the committee
regular floor debate in the House is limited due to its large sizein 1841 a rule was adopted to forbid any member from holding the floor for more than one hour without unanimous consent to speak for longersince 1880 Speaker can force members not speaking on topic to give up the floormajority and minority floor leaders decide how floor debate time will be splitat any time any member may “move the previous question” this demands a vote on the issueif the motion to move passes, 40 minutes of closing debate are allowedthis is the only motion that can close or end debate
VOTINGbills can be voted on many timesall amendments must be voted procedural motions might be offeredthe bill will be voted on finallymethods of votingvoice votes: the Speaker calls and judges the “ayes” and “noes”members can call for a standing vote if they feel the voice vote was not correctly judged
teller vote can be demanded by 1/5th: tellers are chosen from each party and count the votes for and againstteller votes are rare, usually replaced by electronic votingroll-call vote can be demanded by 1/5th 1973 House put in a computerized voting systemreplaced for all quorum calls and replaced also roll-call votes48 stations on the floor allow members to use a personalized key card to make their vote: yea, nay, presentmaster board above Speaker’s chair shows each member’s vote15 minutes for quorum calls or record (roll-call) votesSpeaker will lock the board at the end of the voting period, creating a permanent record(Senate does not use electronic voting, but uses voice, standing, and roll-call because it is much smaller and doesn’t take as much time)if a bill has been approved at second reading it is engrossed (or printed) in final form, read a third time, and voted on for the final timeif passed, Speaker signs and sends bill to Senate
Chapter 12: Congress in Action: A Bill in the SenateBecause the steps in the House and the Senate are so similar, only the differences will be highlighted. Assume all else is similar to the House.filibuster—various tactics aimed at defeating a bill in a legislative body by preventing a final votecloture—procedure used to limit or end floor debate in a legislative bodyveto—Chief Executive’s power to reject a bill that was passed by a legislaturepocket veto—type of veto a chief executive may use after legislature has adjourned; when a chief executive does not sign or veto a bill within the time allowed
IntroductionSenators introduce bills when they are formally recognized for that purposemeasures are given numbers (beginning with S for Senate)read twicereferred to committeeSenate proceedings are less formal because the body of people is smallerAfter Committee, there is only one calendarBills are referred to the floor for debate by the majority leader
DebateSenators may speak on the floor for as long as they likethey are not required to stay on topicthere is no “move the previous question” to end debatediscussion is usually ended by unanimous consent“two-speech” rule—no senator may speak more than twice on any measure in the same dayrecessing rather than adjourning continues the “legislative day”, limiting a senators speech to 2 on any measurefreedom of debate is intended to fully and freely discuss matters
Filibusterattempt to over-debate a bill and delay the final vote on the bill, forcing either the killing of a bill or the changing of a billSenator Huey Long 1935 spoke for more than 15 hours, reading the telephone book and recipesSenator Glen Taylor 1947 talked about his children, Wall Street, baptism, and fishing for 8 hoursSenator Strom Thurmond, in a one-person effort against the Civil Rights Act 1957, held the floor for 24 hours and 18 minutes (he failed, by the way)practice is often used in the Senatewhen a filibuster appears, rarely enforced rules become importantsenators must stand, not lean, sit or walk as they speakthey may not use unparliamentary language
ClotureCloture is the check on filibuster, it is a Standing Rule of the Senate, first adopted in 1917 after the most famous filibuster everjust before US entered WWI, President Wilson asked Congress for legislation to permit the arming of American merchant vessels—passed the House quickly, but died in the Senate be-cause of filibuster until the end of the termcloture limits debate, it must be voted upon two days after submission of the petition calling for the action has been submitted by 16 members, 60 members must vote for the motion (3/5ths of the Senate), if it passes, 30 more hours of floor time may be spent, then the measure must be brought to a final voteit is difficult to invoke cloture—many senators are hesitant because they do not want to destroy free debate in the Senate or undercut the value of filibuster if they ever chose to use it—it is also difficult to get the 60 votes!
Conference Committeeall bills must be passed by both houses!when bills are amended in either house or the houses pass different bills on the same subject matter and refuse to both accept either bill, conference committees are neededjoint committee of both housesrestrict conference to matters in a bill which the two houses disagreeno new material (often changes are made that were not considered by either house)the compromise bill is submitted to both houses and must be accepted or rejected without amendment
What Can the President do???when bills are passed in both houses, they go to the Presidentsign it and it becomes a lawveto the bill (refuse to sign it)measure is returned to the house in which it originated, with the President’s objections (veto message)Congress may pass the bill into law against the President’s wishes with a 2/3rds vote of each house, but seldom does
President may allow the bill to become law without signing itnot acting in 10 days (except Sundays) of receiving itpocket veto: if Congress adjourns within 10 days of submitting the bill to the President and the President does not act, the bill dies
Chapter 13: The Presidency: The President’s Job Description“The presidency has made every man who occupied it, no matter how small, bigger than he was, and no matter how big, not big enough for its demands.” --Lyndon B. Johnson
The President’s rolesthe president has many jobs or roles the he or she must fill all at the same timethere isn’t a day of the week for each job, but they are simultaneouswhen something is brought to the president, he or she might have to consider the options through all or several of the roles
In the ConstitutionChief of State—the President is the ceremonial head of government, a symbol of the nationChief Executive—given the executive power by the Constitution in foreign and domestic affairsChief Administrator—the President directs the entirety of the Federal GovernmentChief Diplomat—leads American foreign policy and is the nation’s spokespersonCommander in Chief—leads the armed forces of the nation (Army, Airforce, Navy, Marines, et cetera can be under the direct control of the President)Chief Legislator—can set the legislative agenda; suggest, request, insist, demand or initiate major legislation in Congress
Not in the Constitution, but roles he must fill for other reasonsChief of Party—generally thought to lead his or her partyChief Citizen—“representative of all the people” working for and representing the public inter-est against private interest
Some Presidents have even taken it upon themselves to be the “moral leadership” of the na-tion—Franklin Roosevelt.That’s a lot to think about and a lot to do every day!The way that Presidents go about performing all of these jobs can affect how they are per-ceived as well as their ability to perform the job.for instance, if as commander and chief and chief diplomat the president enters into an unpop-ular war, it can lessen his or her abilities or effectiveness as the Chief of State or Chief Legisla-tor
Presidential Qualificationsnatural born citizen—a citizen at birthjus soli—of the soil, born as US citizen in the USjus sanguinis—of the blood, born of US parents, not necessarily on US soilanyone see problems with or contradictions to this rule?be at least 35 years old
lived in the US for at least 14 yearsThese are only the formal qualifications, the informal are much of what allows the election of a President, the formal are quite easy to meet.
Presidential TermsAfter much debate, 4 years terms with the eligibility for reelection were decided for Presidents.Constitution had originally put no limits on the number of terms a president could serve, just that terms would be 4 years.The first President George Washington refused to seek more than two terms and so the two-term limit became tradition.President Franklin Roosevelt broke the tradition—seeking and winning a third and then fourth term with much support.After Roosevelt, the 22nd Amendment 1951 formally limited presidents to two terms.Why is this an important limit? Why does it need to be a formally stated in the Constitution?
Today, a President can serve a maximum of two FULL terms, or no more than 10 years in of-fice (if a Vice President becomes President half-way through the term, they may finish out their predecessor’s term then seek two full terms of his or her own)
Pros and cons of term limits?
Presidential Pay and BenefitsCongress determines the President’s salarycan’t be increased or decreased during a presidential termfirst set at $25,000 way back when—now $400,000, set in 1999, effective Jan. 20, 2001Congress gives a $50,000 expense allowance to be spent as the President choosesincome is taxed just like all other citizens
Chapter 13: Presidential Succession and the Vice Presidencyoriginally, the Constitution did not say that the Vice President would become the President, just that the VP would assume the duties and powers of the President were something to happen.John Tyler in succeeding William Henry Harrison just a month after Harrison’s term began in 1841, became the precedentthe 25th Amendment in 1967 became the written addition to the Constitution that set forth Pres-idential SuccessionCongress fixed the order of succession following the VP in the Presidential Succession Act of 1947
Before the 25th there were no official rules for what should happen if the president became incapable of per-forming his jobmany times over the 180 years between the Constitution and the 25th Amendment, the country could have fallen into danger of not having a president because of temporary illnesses of the PresidentPresident Eisenhower suffered three temporary illnesses, leaving him unable to work for daysPresident Garfield was very ill for 80 days leading up to his death
President Wilson suffered a stroke while in office and was so ill that he could not meet with his cabinet for seven monthsSections 3 and 4 of the 25th serve to fix the problem: VP can become President ifPresident informs Congress in writing “that he is unable to discharge the powers and duties of his office”VP and a majority of the Cabinet inform Congress in writing that the President is incapacitatedPresident can resume powers by informing Congress that no inability existsVP and Cabinet may challenge Congress has 21 days to decide
So, what does the VP do?Presides over the Senatehelps decide the question of presidential disability“President-in-waiting”VPs are also used to “balance the ticket”: candidates for president will choose a running mate who will strengthen their chances of being electedin the event that the VP spot becomes vacant during the term, the President chooses a new VP and Congress confirms (according to the 25th Amendmentno matter what, the President cannot remove the VP from office
Chapter 13: The Presidency: Presidential Selection: The Framer’s Planpresidential electorselectoral voteselectoral collage
Framers of the Constitution spent much time discussing the method for choosing the Presidentdid not trust popular direct vote of the people or a vote by Congressdecided upon the Electoral College
Original Electoral CollegeEach State: presidential electors=number of senators and representatives in Congresselectors chosen in each State in a manner directed by State legislatureelectors would cast two votes, each for a different person for President (top 2 choices)electoral votes counted before a joint session of Congressperson receiving largest number of electoral votes, providing that it was a majority, became Presidentperson with second largest number of votes became VPtie, or no majority, the President would be chosen by the House of Representatives, voting by Statesif a tie for second, VP chosen by Senate
PROBLEMS!election of 1800 broke down the original systemparties had developed, each party had nominated Presidential and Vice Presidential candi-dates
parties also nominated electors (that would if elected cast their votes for their parties candi-dates) *not the plan of the Framers73 Democratic-Republicans who won posts as electors voted for his party’s nominees, Jeffer-son and BurrTIE! between Jefferson (Presidential candidate) and Burr (VP candidate) for President *OOPS!House had to take 36 ballots before arriving at Jefferson as President1800 election brought 3 new things to presidential electionsparty nominations for president and vpnomination of candidates for presidential electors with pledges for votesautomatic casting of electoral votes according to pledges
12th Amendmentseparated the presidential and vice presidential elections
Chapter 13: the Presidency: Presidential NominationsParty Primaries are held to help decide which candidates will be the official party candidates
National Party Conventions are held to formally decide and announce Presidential and Vice Presidential candidates
Chapter 13: the Presidency: the Electiondistrict planproportional plandirect popular electionelectoratenational bonus plan
Today’s Electoral College:ALL the electoral votes go to the candidate in each state winning the popular vote in each state. (In reality, voters are casting ballots for the group of electors nominated by each party, rather than the Presidential Candidate.) States electors equal to the number of members of Congress.Electoral votes are then counted in each state capitol the Monday after the second Wednesday in December.By midnight of Election Day in November, usually the nation knows who will be the next Presi-dent, but the formal vote does not happen until December.Candidates must receive 270 of the 538 electoral votes today.
Flaws in the Electoral College:winner of popular vote not guaranteed the presidencyelectors are not required to vote in accord with the popular voteany election might have to be decided in the House of Representatives
Proposed Reform Plansthe District Plan
electors would be chosen the same as members of Congress, two-at large, and the rest by State Congressional districts for the House of Representativesthe Proportional Planpresidential candidates would receive the same share of a State’s electoral vote as he re-ceived in the State’s popular votethe Direct Popular Electiondo away with electoral college all together and use the popular votethe National Bonus Plankeep electoral college, but give the candidate winning the popular vote 102 national electoral voteswould increase the number of votes needed to 321would help guarantee that the winner of popular vote wins electoral college
Chapter 14: The Presidency in Action: The Growth of Presidential PowerArticle II of the Constitution establishes and gives the President power.The words that establish and give power to the President are specific as to what powers the President has, but loose when determining how those powers should compare to Congress and just how much power the President has. so the debate between a strong or weak president began quickly and has yet to end
Why has Presidential power grown? often times the Presidents themselves have had some impact over the power of the officePresidents are looked to by the nation for leadership on all sorts of mattersnational emergencies—wars, economic collapse, attacks, natural disasters—have allowed Presidents to take more powerCongress has given the Executive Branch the authority to carry out laws,mass media has allowed greater visibility of the President, given more power
Presidential opinion:Presidents often choose whether they are going to be strong or weak presidents—will they take a broad or narrow view of their powers
Chapter 14: the Presidency in Action: Executive Powers
The President’s Oath of Office actually states that the execution of the office will be under-taken. (p. 393)
Ordinance Power—Executive Orders: directive, rule, or regulation that has the effect of law
Appointment Power—President appoints certain top-ranking officials in the Federal Governmentambassadors, diplomatsCabinet members and top aidesHeads of independent agencies
federal judges, US Marshals and attorneysofficers of the armed forcesCongress must approve these appointments.
Removal Power—not technically in the Constitution, but assumedPresident may remove those positions he appoints, without consent of Congress, EXCEPT for federal judges
Chapter 14: the Presidency in Action: Diplomatic and Military Powers
Power to make treaties—Treaties are made with the consent of Congress.Executive Agreements: made between two heads of state or their subordinates, do not need consent of Congress
Recognition—acknowledgement of the legal existence of a country and its governmentopens diplomatic relation with that country—sends and receives diplomatic representativesPersona non grata: when diplomatic relations fail and the representatives of a country become no longer welcome
Military—Commander in Chief means the President may send troops , whenever, wherever, potentially making undeclared war.(Remember Congress actually declares war.)War Powers Resolution is the check on the power to send troops, but potentially unconstitu-tional. Congress has yet to enforce it when a president refuses to do so.within 48 hours after committing American forces, President must report to Congress detailing the circumstances and scope of actionscommitment must end within 60 days unless Congress agrees to a longer period, 30 days al-lowed for safe withdrawalCongress may end combat commitment at any time, by passing a concurrent resolution
Chapter 14: Presidency in Action: Legislative and Judicial Powers
Legislative powers:President my recommend legislation to CongressPresident may veto legislation passed by Congress. (Line-item veto existed for a short time.)President may call a special session of Congress.
Judicial Powers:reprievepardonclemencycommutation
amnestyThese powers are used by the President usually the end of their term in office.Chapter 15: Government at work: The Bureaucracy
What is a bureaucracy?efficient and effective way to organize peoplehierarchical authority—chain of command running from top to bottom of a pyramid structurejob specialization—each bureaucrat has certain defined duties and responsibilitiesformalized rules—established rules, procedures, regulations
Benefitscan speed action by reducing conflict over who focuses on particular jobsdecisions are based on set rules and proceduresorganization of the work
Three major groupings inside the Executive Branch: Executive office of the President, Execu-tive Departments, Independent Agencies (p.417)Naming of agencies is difficult—they have many different titles, some with different meanings.department—agencies of Cabinet rankagencies—often used to refer to any governmental body, ones given the status in name are of-ten near-cabinet positionsadministration—similar to agencycommission—usually regulate something,corporation or authority—usually conduct business-like operations,staff agencies—support,line agencies—actually perform a task,
Chapter 15: Government at Work: Bureaucracy: The Executive Offices of the President
These are: National Security Council, Office of Homeland Security, Office of Management and Budget, Office of Faith-Based Community Initiatives, Office of National Drug Control Policy, Council of Economic Advisors, Office of Policy Development, Council on Environmental Quality,Office of the VP, Office of the United States Trade Representatives, Office of Science and Technology Policy, Office of Administration,
They are found in the West Wing of the White House
Chapter 15: Government at Work: Bureaucracy: the Executive Departments
Today there are 15 Executive Departments—better known as the Cabinet Departments.Each department is headed by a secretary, except for the Department of Justice, which is headed by the attorney general.Departments also have subunits, staff and line.
Secretaries and the attorney general make up the Cabinet=an informal advisory body brought together by the President to serve his needs.Cabinet is a product of custom and usage.In order of creation: (p.426)StateTreasuryDefenseInferiorAgricultureCommerceLaborHealth and Human ServicesHousing and Urban DevelopmentTransportationEnergyEducationVeterans AffairsHomeland Security
Chapter 15: Government at Work: The Bureaucracy: Independent AgenciesThese are the agencies that exist outside the Executive Office of the President and the Execu-tive Departments.Most of these need a deeper level of independence from the President, some do not fit well into any department, some by accident.
They can be easily organized into three groups.Independent Executive AgenciesIndependent Regulatory Commissionsusually commissioned by Congress to regulate some lawdue to their nature, they have quasi-legislative and quasi-judicial bodiesin making rules and regulations, they have quasi-legislativedeciding disputes in the fields in which they have authority, they have quasi-judicialGovernment Corporations
Chapter 15: Government at Work: The Bureaucracy: Civil Service,Civil Servants: civilian employees that perform the administrative work of the government 2.7 million people work for the Federal Government, only around 300,000 of them work in Washington, DC!There are regional, field, local, offices all around the US and in other countries as well.
Article II, Section 2, Clause 2 gives the direction about staffing the federal bureaucracy.the President “shall nominate, and by and with the Consent of the Senate, shall appoint Am-bassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Of-ficers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, in the Courts of Law, or in the Heads of Departments.”
“Spoils System”Presidents starting with Washington favored members of their own party to be governmentally appointed employees. John Adams and then Thomas Jefferson continued the tradition of fill-ing those jobs with party members.
President Andrew Jackson though is most notably known for creating what was called the spoils system.When he became President, he cleared the some 2000 government employees and replaced them with members of his own party, supporters, and friends. The practice also known as pa-tronage, was widely used at all levels of government and had been set as tradition.
Jackson stood by his decision and justified it democratically the duties of public office are simple and anyone can do it, there should be a “rotation in office” to give as many people as possible the opportunity and privilege to serve their governmentlong service can lead to tyranny and inefficiency,people are entitled to have the party they placed in power to control all offices of the govern-ment.
Because the new spoils system was not without its own flaws, corruption grew inside the gov-ernment. Reform became necessary.
Congress created a Civil Service Commission in 1871—but it was underfunded.President Garfield was actually shot by a disappointed office-seeker in 1881, pushing the stunned, horrified nation to reform the hiring and staffing processes.
Pendleton ActPresident Chester Arthur (successor to Garfield) passed the Pendleton Act (The Civil Service Act) in 1883, it served to make merit the basis for hiring in the federal work force.Pendleton Act set up two categories of executive branch employmentclassified—hiring based on merit and was measured by “practical” examinations given by the Civil Service CommissionunclassifiedToday, most, about 90%, of government employees in the executive branch are classified em-ployees.
Modern Civil Servicefocuses on recruiting and keeping a highly skilled and qualified work force.promotion and pay are based on evaluations from supervisors,
protected from disciplinary action or dismissal based on partisan reasons.
Office of Personnel Managementcreated in 1978—as the central personnel agency for the government—an independent agency in the executive branchheaded by a single director the President appointsin charge of applicants, examinations, scoreswhen there is an opening, the OMP sends the top three names from its register for that type of position.
Merit Systems Protection Boardanother independent agency,enforces the merit principle in the federal bureaucracy,a bipartisan agency,hears appeals from those federal workers who have complaints about personnel actions (de-motions, firings, . . .)
Pay and Benefitschallenge to break the “glass ceiling” in the federal bureaucracy where women and minorities have tended to be in the lower-level positionspay and benefits are set by Congress as well as job conditionsUS Postal Service is the exception
Political Activities of Federal EmployeesOPM set restrictions on the political activitiesHatch Act 1939—allowed federal employees to vote in elections, but forbade them to take place in partisan political activities
pros/cons?Federal Employees Political Activities Act 1993—relaxed some of the earlier restrictions
they can vote, help register new voters, contribute money to candidates and parties, participate in campaigns, hold political party office
they cannot run in partisan elections, engage in party work on government property or while on the job, collect political contributions from subordinates or general public, use a government position to influence an election