GOV4A: United States Politics - A Complete Overview


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GOV4A: United States Politics - A Complete Overview

  1. 1. GOV4AThe Government of the USScott Thomas | May 2013
  2. 2. TodayThe ConstitutionThe Supreme CourtCongressThe Executive
  3. 3. Exam success isnot a lottery!Know yourtermsKnow theArticlesKnow theExamples
  4. 4. Session 1The Constitution andFederalism
  5. 5. The Constitution & FederalismNature & SignificanceSeparation of PowersChecks and BalancesBill of RightsAmendmentsFederalismConstitutional Change
  6. 6. US Government OverviewFederal Government PowerLegislatureMakes the lawsCongressHouse of RepresentativesSenateExecutiveCarries out the lawsPresidentPlus VP, EXOP, Cabinet,Executive Dept, andAgenciesJudiciaryEnforces and interpretsthe lawsSupreme CourtIncluding appeal courtsand trial courts
  7. 7. A Constitution• A system of rules which describes thestructure and powers of Government• Outlines the relationship between the threebranches of government• And the relationship between the governmentand its citizens
  8. 8. A Constitution• Limits upon power– Checks and Balances• How power is exercised• Where power is located
  9. 9. Acts of ParliamentWorks of AuthorityEU LawUK Constitution
  10. 10. Common LawRoyal PrerogativeConventionsUK Constitution
  11. 11. Birth of the USA1776 – Declaration of Independence
  12. 12. Declaration of IndependenceTaxation without representationLeads to the US War of Independence fromBritain in April 17754th July 1776 the Colonies issue the Declarationof Independence
  13. 13. Birth of the USA1776 – Declaration of Independence1781 – Articles of Confederation
  14. 14. Articles of ConfederationWar isn’t over yet13 Colonies ratify the ArticlesCreate a confederacyAfraid of tyrannical governmentThey failed to form a nationdespite gaining independence
  15. 15. Problems with the ArticlesNo ExecutiveBranchNo JudiciaryLegislaturewas a talkingshop
  16. 16. Birth of the USA1776 – Declaration of Independence1781 – Articles of Confederation1787 – Philadelphia Convention
  17. 17. Philadelphia Convention55 Delegates from 12 of 13States in May 1787It took 4 MonthsHad to create a stronggovernment whilst protectingfreedomsRhode IslandImSuspiciousabout this
  19. 19. Philadelphia ConventionVirginia PlanStates with largepopulationsNew Jersey PlanStates with SmallPopulationsConnecticutCompromiseBicameral SystemOne according to PopulationOne represented Equally
  20. 20. The ArticlesIIIIIIIVVVIVIILegislative BranchExecutive BranchJudicial BranchFederal – State &Interstate RelationshipAmendment ProcessMisc. ProvisionsRatification procedure
  21. 21. Birth of the USA1776 – Declaration of Independence1781 – Articles of Confederation1787 – Philadelphia Convention1789 – George Washington elected
  22. 22. Birth of the USA1776 – Declaration of Independence1781 – Articles of Confederation1787 – Philadelphia Convention1789 – George Washington elected1791 – Bill of Rights
  23. 23. Bill of Rights 1791First 10 Amendments known asBill of RightsProposed by Congress Sept1789Ratified by States December1791Designed to protect against anall powerful federalgovernment17 Further Amendmentshave been passed since1791
  24. 24. Rights EstablishedNo.I Freedom of SpeechII Right to Keep and Bear ArmsIII No quartering of soldiersIV No unreasonable search andseizureV Due ProcessNo.VI Speedy and public trialVII Trial by jury in civil casesVIII No Cruel and Unusual PunishmentIX Other rights of the peopleX Power not delegated to Fed. Govt.are reserved to the States or peopleIssues: Where does the Death Penalty sit with the 8th Amendment? Does the Elastic Clause supersede the 10th Amendment?
  25. 25. ProposedAmendmentVote in the House2/3 MajorityRequiredVote in the Senate2/3 MajorityrequiredVotes in StateLegislaturesPassed by ¾ of allState LegislaturesConstitutionAmendedAmending the Constitution
  26. 26. Notable Amendments13th Slavery Abolished (1865)14th Equal Protection and due process clause (1868)15th Blacks given the right to vote (1870)16th Income Tax (1913)22nd Two term presidential limit (1951)25th Presidential succession procedure (1967)
  27. 27. Notable Attempts to AmendAmendment House SenateFlagDesecration(05/06)286-130 Yes 66-34No(1 vote short)BalancedBudget (95)300-132 Yes 65-35 NoSuper Majorityto increasetaxes (2002)227-178 No N/A N/ADuring Clinton’s Presidency there were 17 votes on constitutional amendments. Allthe votes happened under a Republican CongressAmendment House Senate StatesEqual Rights forWomen (1972)Yes Yes 35/50 (3 short)
  28. 28. Separation of PowersPolitical power is distributed among the threebranches of government, all acting independentlyand interdependentlyPowers are shared through a series of checks andbalancesExecutive BranchJudicial BranchLegislative Branch
  29. 29. Synoptic LinksSeparation of Powers• UK has a fusion of powers• Members may sit in morethan one branch• Until the CRA 2005 the LordChancellor sat in all threebranchesLegislative &Executive
  30. 30. Limited GovernmentThe size and scope of the federal governmentshould be limited to only what is necessaryLimited Govt.
  31. 31. Checks & BalancesEach branch exercises power and control overthe othersIt supports the idea of Limited Government
  32. 32. Checks on Legislature•Recommend legislation for passage•Veto (Pocket and Official)By Executive•Judicial ReviewBy Judiciary
  33. 33. Checks on Judiciary• Appointment of judges• PardonBy Executive• Impeachment trials and removal fromoffice• Proposition of constitutional amendmentsBy Legislature
  34. 34. Checks on Executive• Amend/Delay/Reject legislation• Veto Override• Power of the Purse• Declaration of War• Ratification of Treaties• Confirmation of Appointments• Congressional Committee Investigations• ImpeachmentBy Legislature• Judicial ReviewBy Judiciary
  35. 35. Checks and Balances Examples• Supreme Court Appointments– Robert Bork (1987) [FAILED]– John Roberts (2005)– Sonia Sotomayor (2009)• Amendments– Education Reform Bill 2001 – Heavily Amended• Legislative Blocking– Clinton’s Healthcare programme 1993-94– Increasing Minimum Wage
  36. 36. FederalismA theory by which political power is dividedbetween a national and state government, eachhaving their own jurisdictionIt focuses around decentralisation
  37. 37. Federalism & The ConstitutionShown through implied powers also
  38. 38. Dual Federalism1780-1920• Associated with a collection of ‘unknownpresidents’Large Focus on States Rights• Federal Government limited to Money, War andPeaceLayer Cake Federalism• Divisions in Political Power are Clear Cut
  39. 39. Cooperative Federalism1930s – 1960s• Franklin Roosevelt, Harry Truman, John Kennedy, Lyndon Johnson• Majority of the Presidents were DemocratsNew Departments• Defence (1949), Health, Education, & Welfare (1953), Transportation(1966)Large Increase in Categorical Grants• Grants allocated to states by Federal Government for specific projectsMarble Cake• Division in Political Power are less clear cut
  40. 40. New Federalism1970s-2000• Nixon, Ford, Reagan, Bush and Clinton• Majority of the Presidents were RepublicansShift back to State Power• The Federal Government did not create the States;the States created the Federal GovernmentLarge Increase in Block Grants• Grants allocated to states by Federal Governmentfor non specific purposes or general areas
  41. 41. An Ever Changing Concept• Westward Expansion– From 13 colonies to 50• Growth in Population– 4million in 1790 to 275million in 2000• Industrialisation– Need for Government Regulation• Communication– As the nation grew, it shrank• Events– The Great Depression
  42. 42. An Ever Changing Concept• Foreign Policy– Second World War caused the need for centralisedplanning• Supreme Court Decisions– Decisions on the meaning of the constitution alter therole of the Federal Government• Constitutional Amendments– These can alter the powers of States or FederalGovernment
  43. 43. Federalism Under BushGovernment spendingincreased by 33% in 01-05– Iraq War– Homeland Security– Expansions of Medicare& Education• No Child Left behind– Wall Street and BankingCollapse
  44. 44. Federalism Under ObamaExpansion of Federal GovernmentRole• Obama Care• GM BailoutsBUT:Willing to allow states to pursuegoals – pollution permits inCaliforniaHowever:Only does this when it suits him todo so!
  45. 45. FederalismPros ConsPermits Diversity Can hide economic and social inequalitiesPluralistic Frustrates the national will, makingsolutions to problems harderIncreased protection of individual rights Constant source of conflict betweenstates and governmentStates becomes ‘policy labs’ e.g. Pollutionpermits in CaliforniaOverly bureaucratic, therefore creating acostly system that is resistant to changeWell suited to geographically large nation
  46. 46. Constitution Synoptic LinksUK Constitution is uncodifiedUnitary system of governmentFusion of PowersParliamentaryLower levels of democratic participationUK becoming somewhat more Federalised withthe EU
  47. 47. Session 2The Judicial Branch ofthe US
  48. 48. The Judicial BranchConstitutional RolePower of Judicial ReviewAppointmentsPolitical SignificanceProtection of Citizen’s RightsRelationship with OtherBranches
  49. 49. Supreme Court & The ConstitutionJudicial Branch is Article ThreeSection 1 sets theSupreme Court out asthe only Judicial PowerNo provision for numberof Supreme Court justicesNo mention of JudicialActivismCongress can ‘ordain andestablish’ new courtsJudges shall hold theiroffice for life in ‘goodbehaviour’
  50. 50. Structure of Federal CourtsSupreme Court sits at thetop of the Federal CourtsystemCourt rejects 96% of theCases brought to itLower courts hearmajority of casesUnited States Supreme CourtUS Court of AppealsUS Court of Appeals1 Court – 9 Justices1 in each of 11 circuits1 in DC1 Federal Circuit1 in each 94 districts
  51. 51. Membership of the Supreme Court8 Associate Justices1 Chief JusticeAll have an ideological stanceNumber is set by CongressFDR threatened to ‘pack the court’ when theycontinually struck down New Deal legislationLife tenure in good behaviour
  52. 52. Justice Date Appointed Sitting President Ideological BalanceChief JusticeJohn Roberts2005 George W Bush (R) Right LeaningAssociate JusticesAntonin Scalia 1986 Ronald Reagan (R) Right LeaningAnthony Kennedy 1988 Ronald Reagan (R) Swing VoteClarence Thomas 1991 George H W Bush (R) Right LeaningRuth Bader Ginsburg 1993 William J Clinton (D) Left LeaningStephen Breyer 1994 William J Clinton (D) Left LeaningSamuel Alito 2005 George W Bush (R) Right LeaningSonia Sotomayor 2009 Barack H Obama (D) Left LeaningElena Kagan 2010 Barack H Obama (D) Left LeaningMembership of the Supreme Court
  53. 53. The Roberts CourtJohn RobertsAntonin Scalia AnthonyKennedyClarenceThomasRuth BaderGinsburgStephenBreyerSamuel Alito SoniaSotomayorElena Kagan
  54. 54. Left RightThe Ideology of the Roberts CourtJohn RobertsAntonin ScaliaAnthonyKennedyClarenceThomasRuth BaderGinsburgStephenBreyerSamuel AlitoSoniaSotomayor Elena KaganSWING VOTE
  55. 55. Judicial PhilosophyPresident’s often want to appoint Justices thatfit their own ideological imageReagan: Bork, ScaliaObama: Sotomayor, KaganJustices are often seen as ‘conservatives’ or‘liberals’There are more classifications
  56. 56. ConstructionistStrict ConstructionistInterprets the Constitution in a literal or ‘strict’ way, look atthe original intent of the Founding Fathers. Favour Statesrights over Federal Government. Tend to be labelled as‘conservatives’Loose ConstructionistInterprets the Constitution in a loose way, in which they‘read between the lines’. They look at the context of theissue and the constitution. Favour federal government powerover that of states power and rights. Tend be labelled as‘liberals’
  57. 57. Activism and RestraintJudicial ActivismJustices should use their position to promote desirable socialends. Activist courts have a large docketJudicial RestraintJustices should not ‘legislate’ from the bench, leaving this tothe legislature and executive. Greater stress should beplaced upon the precedent set by previous courts.Restrained courts have a smaller docket
  58. 58. Appointments ProcessVacancyOccursSearch isInstigatedFBIBackgroundChecksSenatehearings andconfirmationDeath, Retirement or ImpeachmentAdvice sought from:• Advisors• Congress• Professional BodiesNominees can comefrom:• Lower Courts• Executive BranchLegislative Branch• AcademiaFBI Checks andinterview with thePresident. ABA givesan informal ratingClarence Thomas isthe last nominee toreceive lower thanperfectSJC holds hearings forthe candidateSometimes candidateswithdraw if hearing isbadVote on the floor. Ifcommittee rulesagainst, Senatetypically will
  59. 59. Notable AppointmentsEarl WarrenAppointed byEisenhower whosaid it was thebiggest god dammistake of his lifeRobert BorkReagan’scontroversialnomination, thesubject of anegative adcampaign. Failedto confirmDavid SouterAppointed byGeorge H W Bushhe has turned outto be one of themost liberalmembers of theCourt
  60. 60. Why is this important?Presidents seek to leave alegacy in the courtOne of their ideologicalpersuasionThe Court will outlive thePresidencyExamples:Reagan & George H W Bushplaced right leaning judges onthe Court – Bush v Gore 2000?
  61. 61. Judicial ReviewNo constitutional basis for this powerFound in Marbury v Madison 1803Allowed the Court to rule:• Acts of Congress• Executive Actions• State LawUNCOSTITUTIONAL
  62. 62. The Courts you Need to KnowYear Court Year Court Year Court Year Court1953WarrenCourt1968WarrenCourt1983BurgerCourt1998RehnquistCourt1954 1969 1984 19991955 1970BurgerCourt1985 20001956 1971 1986RehnquistCourt20011957 1972 1987 20021958 1973 1988 20031959 1974 1989 20041960 1975 1990 2005RobertsCourt1961 1976 1991 20061962 1977 1992 20071963 1978 1993 20081964 1979 1994 20091965 1980 1995 20101966 1981 1996 20111967 1982 1997 2012
  63. 63. Plessy v Ferguson 1856Upheld segregation asconstitutional with thereference to separate butequalArose from the LouisianaSeparate Car Act for Railcarriages
  64. 64. Brown v Board of Education 1953This case overturns Plessy v Ferguson1896Established that separate wasinherently unequal in the provisionof facilitiesPaved the way for integrationRuled on through the EqualProtection Clause of the 14thAmendmentWARREN
  65. 65. Mapp v Ohio 1961Ruled that evidence obtained in the violation ofthe Fourth Amendment cannot be used in courtArose from a dispute in Ohio which police didn’thave a warrant and found large amounts ofpornographyWARREN
  66. 66. Engel v Vitale 1962Ruled that it is unconstitutionalfor school prayers in publicschoolsThis violates the FirstAmendmentThis was the basis for more casessuch as Wallace v Jaffree whichbanned meditation in AlabamaWARREN
  67. 67. Gideon v Wainwright 1963Under the Sixth Amendmentright to counsel is afundamental rightStates must provide defencecounsel should the defendantbe unable to afford itWARREN
  68. 68. Griswold v Connecticut 1965Protected the right to PrivacyConnecticut law prohibited theuse of contraceptionSupreme court ruled that itviolated the right to maritalprivacyDoes the constitution provide for aright to privacy specifically?WARREN
  69. 69. Miranda v Arizona 1966Ruled that the accused mustbe read their legal rights priorto questioning by the policeBasis is the fifth amendmentwhich protects against SelfIncriminationWARREN
  70. 70. Roe v Wade 1973Ruled that abortion was legalin the first trimesterFound on the right to Privacyunder the due process clauseof the 14th AmendmentTexas law made it illegal toassist a woman to get anabortionIs this legislating from the Bench?BURGER
  71. 71. United States v Nixon 1974Ruled that no person not eventhe President is completelyabove the lawAlso ruled that the Presidentcannot use executive privilegeas an excuse to withholdevidence in criminal trialsStarted the ball rolling on NixonImpeachmentBURGER
  72. 72. Planned Parenthood v Casey 1992Rules on abortion inPennsylvania were challengedThe court upheld the right toan abortion but ruled that 1out of 5 restrictions wasunconstitutionalPennsylvania State made patients go through many‘hoops’ before an abortionREHNQUIST
  73. 73. Clinton v City of New York 1998Ruled that the Line Item Vetofrom the Line Item Veto Act of1996 was unconstitutional as itgave the President power toamend legislation duly passedby Congress43 States give Governorsthe power of Line Item VetoLine Item Bill appeared in theHouse in Feb 2012REHNQUIST
  74. 74. George W Bush v Albert Gore 2000Votes in Florida were closeSupreme Court ruled thatmanually recounting a precinctwas wrong and the entire statemust be recountedProper recounting by deadlineof Dec 12 would beunconstitutionalDecision handed down on Dec 11REHNQUIST
  75. 75. Gonzales v Carhart 2007Court upheld the Partial-BirthAbortion Ban of 2003It did not impose a burden onthe ability to have an abortionas presented under Roe VWade and Planned Parenthoodv CaseyShown as a turning in theconservatism of the Roberts CourtROBERTS
  76. 76. National Federation of IndependentBusiness v Sebelius 2012Court upheld Affordable CareAct requiring Americans topurchase Health Insurance by2014Roberts ruled that a mandateto buy insurance was anexercise of Congress’ power tocollect taxesROBERTS
  77. 77. Case VisualisationYear Case Year Case Year Case Year Case1953 Brown v BoE 1968 1983 1998 Clinton v NY1954 1969 1984 19991955 1970 1985 2000 Bush V Gore1956 1971 1986 20011957 1972 1987 20021958 1973 Roe v Wade 1988 20031959 1974 US v Nixon 1989 20041960 1975 1990 20051961 Mapp v Ohio 1976 1991 20061962 Engel v Vitale 1977 1992 PP v Casey 2007 Gonzales v Car1963 Gideon v Wain 1978 1993 20081964 1979 1994 20091965 Griswold v CT 1980 1995 20101966 Miranda v AZ 1981 1996 20111967 1982 1997 2012 NFIB v Sebelius
  78. 78. Hollingsworth v Perry 2013California’s Prop 8 Case:CSC ruled Same Sex Marriagelegal in 2008Prop 8 Banned themOpponents are seeking a courtordered expansion oftraditional marriage Case is on-going – May appearbefore the CourtROBERTS
  79. 79. Judicial Synoptic Links UK Judiciary are far less partisan and far less powerful Appointments go through Judicial AppointmentsCommission rather than Senate or ParliamentaryHearings Parliamentary Sovereignty undermines UKs judicialpower Can’t rule on constitutionality but only make adeclaration of incompatibility Judges must retire at aged 70
  80. 80. Session 3The Legislative Branchof the US
  81. 81. The Legislative BranchConstitutional RoleCompositionDifferences between HousesImportance of the PartiesRoles of CongressRelationship withGovernment and SupremeCourt
  82. 82. Congress & The ConstitutionCongress is Article OnePowers outlined in thisare known asEnumerated powersSection 8 – Final ClauseElastic ClauseIf Article One referencesCongress surely it is the mostimportant branch?Divides Congress into twoHouse of RepresentativesSenateBicameral System isknown as theConnecticut CompromiseHouse Elected via Popular VoteSenate indirect elected until 1914
  83. 83. Concurrent Powers of CongressEqual Legislative PowerOverride Presidential VetoInitiate Constitutional AmendmentsDeclarations of WarConfirm appointed Vice Presidents
  84. 84. Declared Wars
  85. 85. Elastic Clause“to make all laws which shall be necessary andproper for carrying into execution theforegoing powers, and all other powers vestedin this Constitution in the Government of theUnited States, or in any department or officerthereof”Article 1, Section 8, Final Clause
  86. 86. House of Representatives
  87. 87. Make up of the House435 Seats200 Democrats232 Republicans3 VacantEach member represents a ‘Congressional District’States are given a number of districts in proportion to their populationHouse is presided over by the Speaker of the House
  88. 88. Key DemographicsGender Balance: Male 82% Female 28%Ethnicity:African American 41Asian 7Caucasian 336Hispanic 27Not Stated 22Other 5
  89. 89. Powers of the HouseKnown as Exclusive Powers• Initiate Money Bills– Power of the Purse• Impeachment– Voted to impeach Clinton in 1998• Elect a President should the Electoral CollegeDeadlock– John Quincy Adams elected President in Deadlock
  90. 90. Speaker of theHouse• Presiding Officer of theHouse• Second in PresidentialSuccession• Leader of Majority party inthe House normally becomesSpeaker through ballot• No requirement that theSpeaker be a member of theHouseJohn Boehner (R)Ohio 8th District
  91. 91. Role of the SpeakerNotably Partisan RoleSpeaker doesn’t typically debate or vote unless it’scloseResponsible for the passage o legislation and whichwill make it to the floorSpeaker normally designates to someone else topreside over the proceedings in the HouseResponsible for maintaining decorum in the House
  92. 92. House LeadershipJohn Boehner (R)Ohio 8th DistrictEric Cantor (R)Virginia 7th DistrictNancy Pelosi (D)California 12th DistrictSpeaker Majority Leader Minority Leader
  93. 93. Majority & Minority Leaders• Elected via closed doorparty caucus everyCongress• Represent the Party• Liaison betweenCongress and WhiteHouse• Day to Day director ofOperations on theHouse FloorLeaders More Important in The Senate
  94. 94. Running for the HouseElections are every 2 years (all elected)US Citizens for 7 yearsMust be a resident inrepresentative stateCandidates must be atleast 25 years oldSome states may impose a locality ruleYou need to first securethe nomination from yourPartyYou may need to win aPrimary ElectionYou May be challenged asan incumbent
  95. 95. Congressional DistrictsThe House has 435 SeatsThese are given to states depending onpopulation, roughly 700,000 people in eachdistrictEvery 10 years after a census the number ischanged per state
  96. 96. Congressional Districts
  97. 97. Gerrymandering• Gerrymandering is a form of redistricting inwhich electoral districts boundaries aredeliberately modified for electoral purposes,thereby producing a contorted or unusualshape.CGP Grey Explains:•Gerrymandering
  98. 98. GerrymanderingNegative: when used to allege that a party isgaining disproportionate power – packingdistricts with hardcore support form one party,creating wasted votes.Positive: producing a proportion ofconstituencies with an African-American orother minority in the majority (these are thencalled "minority-majority districts").
  99. 99. Some Brilliant Gerrymandering
  100. 100. US Senate
  101. 101. Make up of the Senate100 Seats53 Democrats45 Republicans2 IndependentsEach member represents a StateStates are allocated 2 Senators eachThe two Independents caucus with the Democrats, thus bringing Democrat majority to 55
  102. 102. Key DemographicsGender Balance: Male 80% Female 20%Ethnicity:African American 2Asian 1Caucasian 93Hispanic 2Not Stated 2
  103. 103. Voting in the States1 from each Party Both Democrats Both Republicans
  104. 104. Running for the SenateElections are every 2 years (1/3 of Senate)US Citizens for9 yearsMust be aresident inrepresentativestateCandidatesmust be atleast 30 yearsold You need to first securethe nomination from yourPartyYou may need to win aPrimary ElectionYou May be challenged asan incumbent
  105. 105. Powers of the SenateExclusive PowersConfirm Appointments– Supreme Court Nominees, ExecutiveAppointmentsRatify Treaties– Failed to ratify 1919 Treaty of VersaillesTry in Cases of Impeachment– 1998 Bill ClintonElect VP in Case of Electoral CollegeDeadlock
  106. 106. Senate LeadershipPatrick Leahy (D)VermontHarry Reid (D)NevadaMitch McConnell (R)KentuckyPresident Pro Tempore Majority Leader Minority Leader
  107. 107. FilibusterA device by which a Senator or Group ofSenators can attempt to talk a bill to death byusing delaying tactics.Strom Thurmond 1957Filibustered a Civil RightsBill for 24hrs 18minsRand Paul 2013Attempted to stop JohnBrennen’s appointment asCIA Director: 12hrs 52minsPower is derived from aSenator’s right tounlimited debateIf 3/5 of the House vote toend a filibuster it is knownas a Cloture Motion
  108. 108. Which is Better?Senate• Longer terms• Represent entire state• Easier to achieve more publicrecognition• More powers• Trying the accused• More committee places• Projection to a Presidency• Vote is worth more sobargaining more common• More likely to get a piece ofthe actionBUT!• House Controls money bills‘Power of the Purse’• Equal pay• Equal legislative powerDEMOCRATSLast 15 Vice PresidentialNominations: 14 wereSenators
  109. 109. Passage of a Bill in Congress• Concurrent Passage through Congress– Through both House and SenateProblems:• Concurrent Passage means there will bedifferences
  110. 110. First ReadingA formality – There is no debate and no voteTypically thousands of bills are introduced
  111. 111. Committee StageCongressional Standing Committees decide on which bills they are going to ‘hear’Many bills will not get a hearing and are said to be ‘pigeon holed’Pork Barrelling happens in this stageCommittees are normally filled with experts or specialistsBills may die if they can’t get reported out such as Clinton’s Healthcare Reforms
  112. 112. TimetablingHouse of RepresentativesThe House Rules Committee makes thedecisions on which Bills make it to the floorand how long they will be debated for.SenateThis is done by Unanimous ConsentAgreementMeaning Senate Leadership agree onwhich bills will make it to the floor
  113. 113. Second ReadingHouse of RepresentativesMembers debate and vote on the bill in theform that comes from the committeeSenateMembers debate and vote on the bill inthe form that comes from the committeeHere a bill may end up being filibustered
  114. 114. Third ReadingHouse of RepresentativesFinal opportunity to debate the bill.Debate would tend to small before the voteSenateFinal opportunity to debate the bill.Debate would tend to small before thevote
  115. 115. Conference CommitteeDue to concurrent passage of the bills different bills will be produced. A conferencecommittee was typically used to reconcile the two bills.Typically only 10% of bills go this route nowCongressional Leadership now typically reconcile the bill.
  116. 116. Presidential Action3 OptionsSign Bill in to LawLeave it on the Desk – Becomes law after 10 daysVeto – Sent it back to CongressPocket Veto – within the last 10 days of Congress an unsigned bill will die
  117. 117. Congressional CommitteesMost important part of the Legislative ProcessMembers of Congress will seek assignment tocommittees so they can get pork projects fortheir constituentsWashington State members will seek DefenseCommittee seatsUnlike the UK the committeestage is before the 2nd Reading
  118. 118. Functions of CommitteesBranch of Congress FunctionSenate & House Conduct the Committee Stage in thepassage of a billE.g. 1993 Bill Clinton’s Healthcare reformSenate & House Conduct investigations into the area ofthat committeeE.g. Senate Foreign Relations Committee –NATO EnlargementSenate ONLY Confirm some appointments such asSupreme Court Judges, Cabinet PostsE.g. Robert Bork or Clarence Thomas
  119. 119. House Rules CommitteeThe Traffic Cop of the HouseIt’s job is prioritising the bills for votes on thefloor of the HouseIt can attach time limits and rules to the debatesof a bill13 Members9 Majority Party4 Minority PartyPete Sessions TX (R)
  120. 120. Select CommitteesKnown as ‘Special’ or ‘Investigative’Formed on an ad hoc basis for aparticular issueTend to investigate an issue that wouldeither:a) Take up too much time in standingcommitteeb) Come under many differentcommitteesIran-Contra or 9/11 are notable examples
  121. 121. Committee ChairsAlways come from the MajorityPartyUsed to be done by Seniority RuleNow elected through secret ballots6 year term limits imposed byRepublicans in the 1990sSeniority Rule: Chairs of congressional standing committees willbe from the majority party and be the longest continuous serviceon that committee
  122. 122. Why is Party Discipline so weak?“Lack of Tasty Carrots and SizeableSticks”On Capitol Hill the Lobbyists andElectorate ruleCongressmen generally pay a lot ofattention to what the folks back home say,they are very concerned with gettingthemselves re-electedInterest Groups play a massive part in this
  123. 123. Legislative Synoptic LinksUK is an unbalanced bi-cameral systemParties are far more dominant (whipping)Members of the Executive are in the LegislatureLegislative process is slightly different
  124. 124. Session 4The Executive Branchof the US
  125. 125. The Executive BranchConstitution & ExecutiveBranchPresidential PowerLimitations & ConstraintsPower and Influence:CabinetEXOPFederal Bureaucracy &Federal Agencies
  126. 126. Executive & The ConstitutionFound in Article 2All executive power isvested in one PresidentCommander in ChiefCabinet not a requirementElectoral College outlined Term limits added viaamendments
  127. 127. Some Key PresidentsGeorge Washington• First President• Bill of Rights• Two term conventionAbraham Lincoln• Abolished Slavery• President during Civil WarFranklin D Roosevelt• Longest serving 12 years• The New DealRichard M Nixon• Watergate• New FederalismRonald Reagan• Iran-Contra Affair• Robert Bork – SC NomineeBill J Clinton• Failed Impeachment• Failed Healthcare Reform
  128. 128. Some Key Presidents• 9/11• Anti terror legislation• Education & AIDS• War on Terror• 2008 Financial CrisisGeorge WBush• Obamacare• Gun Control• Immigration Reform• Osama Bin Laden• BailoutsBarack HObama
  129. 129. Role of the PresidentHead of StateChief DiplomatChief LegislatorCommander in ChiefChief Executive
  130. 130. Increasing Role of the PresidentOnly national politicalinstitution that can actquickly and decisively intimes of crisisOnly nationally electedpolitician – claim amandateEBBS AND FLOWSCrisis – Flows towards POTUSPeace – Congress Reasserts itself
  131. 131. Powers of the President• Propose Legislation– Bush – No Child Left Behind• Submit the Annual Budget• Sign Legislation• Veto Legislation– Bush Stem Cell Research• Act as Chief Executive• Nominations Chief• Commander in Chief• Negotiate Treaties• Pardon
  132. 132. Power of VetoPresidents can veto legislation, i.e. not make itlawStandard VetoSends it back to CongressPocket VetoDoesn’t sign within last 10 days of CongressLine Item VetoPower to veto certain parts of legislation, ruledunconstitutional by Clinton v New York 1998
  133. 133. The Power to PersuadeWhy only persuade:Cabinet is not a reward toCongress due to the separationof powersLack of an honours system inthe US unlike the UKCan’t remove the whipWho Persuades: VP EXOP (Office ofLegislative Affairs) Party Leadership Interest GroupsNeustadt:Presidential Power is the Power toPersuade
  134. 134. The President PersuadesSometimes the Presidents wades into thepersuasion personallyPhone CallsBudget Vote 1993 Clinton rang Marjorie MargoliesMezvinsky to get her to cast her voteSupport LegislationCampaign in DistrictOnly if Popular!!!!
  135. 135. Vice President of the United States
  136. 136. Vice PresidentFirst Vice President’s were the people who came secondin a Presidential RaceThe role as moved on since its formation in the earlydays
  137. 137. Modern VP CandidatesVPs chosen through a JointTicket SystemA balance ticket is oftencrucial in electionsBalance can be in the formof Experience, Ideology, Age,Region.Are race and gender nowimportant as well?
  138. 138. Enumerated Powers of the VPPresiding Officer of the Senate• Votes in Senate Deadlocks• Cheney voted to protect Bushs $1.6bn tax cutAnnounces Electoral College Votes• January 2001 – Al Gore announces his own defeatFirst in line of Succession• If President dies, resigns or is removed from office• Has happened a total of 9 timesActing President• 25th Amendment: Cheney was President for 2 hours whilst Bushwas sedated
  139. 139. However... Powers have IncreasedSince Eisenhower the Vice Presidencyhas been a breeding ground forPresidentsMany distinguished politicians battle forthe role– Bush Senior, Joe BidenPresidents give VP more responsibilityand some become advisorsVPs now see daily intelligence briefingsand all have an office in the West Wing
  140. 140. Additional PowersVPs are now a majorspokesperson for theadministration– Gore: Environment– Cheney: Foreign PolicyThe VP is a majorfundraiserVPs can play the‘Washington Insider’guiding POTUS
  141. 141. Cheney as Vice PresidentPortfolio Contained theIron Issues Economic Issues Security Issues Energy Issues Party CaucusThe Most Powerful VicePresident in History The President and I have a differentunderstanding
  142. 142. Biden as Vice PresidentLess powerful relativelythan CheneyFocus on Foreign PolicyWashington Insider Senate JudiciaryCommittee 36 years as a Senator He was the Second poorest member ofCongress
  143. 143. The US Cabinet15 Heads of Department+ Vice President+ Director of OMBNo constitutionalrequirementStateJohn KerryTreasuryJack LewDefenseChuck HagelAttorney GeneralEric HolderThe advisory group selected by the President to aid him in making decisions andcoordinating the work of the Federal Government. Membership is at the pleasure ofthe President
  144. 144. Frequency of MeetingsVaries between President toPresident.Reagan in his first year held 36MeetingsMeeting number tends todecline towards an electionyear as election demands eatinto his timeGeorge W Bush’s MeetingsYear Frequency2001 92002 52003 82004 62005 52006 62007 42008 52009 1
  145. 145. Functions of the CabinetFor the PresidentTeam SpiritConsensualInformationGatheringDebateBig PictureSee allDepartments
  146. 146. Functions of the CabinetFor the CabinetGet to knowResolveDisputesContactPointsCatch thePresidentIncreasedStanding
  147. 147. Cabinet Synoptic LinksUK:Cabinet members sit in the legislatureCabinet posts are part of the PM’spowers of PatronageMPs want to be in CabinetCollective Ministerial ResponsibilityUSA:Cabinet members must only be in theexecutiveNot a reward, more of a final postingbefore retirementNo Collective Ministerial Responsibility
  148. 148. Federal BureaucracySimilar to the UK CivilService the FederalBureaucracy is the backbone of the USGovernment.They carry out policy andwork out the finer detailsof the bills passed byCongress2.7millionemployees$13.8 billionpayroll11% ofemployees inDCRoughly 900DepartmentsUnelected, Administrative Body in the Executive Branch, set out into departmentsagencies and commissions. They carry out policy on a day to day basis.
  149. 149. Federal BureaucracyExecutiveDepartmentsDepartmentof theTreasuryExecutiveAgenciesFederalBureau ofInvestigationIndependentRegulatoryCommissionsFederalElectionCommissionGovernmentCorporationsUnited StatesPostal Service
  150. 150. Problems with the BureaucracyClientelism• Agencies serve the interests of those the are supposed to be overseeing• Lap Dogs rather than WatchdogsImperialism• Agencies seek to expand their own power at the expense of otheragencies• Turf BattlesIncrementalism• Agencies may act slowly and cautiously, with a nature to resist change• Argument very similar to the UK Civil Service
  151. 151. Iron TrianglesStrong relationship betweenthree political bodies• Interest Groups• CongressionalCommittees• AgencyGenerally considered ashaving a negative impact onpolicy
  152. 152. Iron Triangles ExampleDepartment ofDefenseDefenseCommitteesDefenseContractorFavours and Less RegulationSupport Dept.
  153. 153. Executive Office of the President
  154. 154. Executive Office of the PresidentFormed in 1939 as a resultof the BrownlowCommittee“The PresidentNeeds Help”Expansion of FederalGovernmentTop staff agencies in the White House that give the presidentadvice and support in his role. It focuses on coordination,personnel management and advice giving
  155. 155. Executive Office of the PresidentOffice ofManagement andBudgetNational SecurityCouncilWhite House Office(The West Wing)
  156. 156. White House OfficeMost trusted advisors and aidesChief ofStaffPressSecretaryDirector ofCommunicationsCabinetSecretary
  157. 157. White House Office Liaison between President and FederalBureaucracy and Cabinet Liaison between President and Congress Screening of Telephone calls Screening of Documents Advisory Role Draw up Presidential Schedule ‘Lightening Conductors’
  158. 158. Remember this is just the Public Schedule,WHO will create a more private one
  159. 159. White House Office StaffPresident chooses them‘Honest Brokers’Staff should be following the Presidents Agenda,Not their own, like Sununu may have beenShould not be in the media spotlight
  160. 160. The Chief of StaffHead of EXOPMost Crucial Role‘Deputy President’Gate Keeper to the OvalProtect the interests of the President and advisehim accordinglyA Chief of Staff’s power is will depend on howstrong they areDenis McDonough
  161. 161. The Chief of StaffBob Halderman• Richard NixonJohn Sununu• George H W BushMack Mclarty• William J ClintonLeon Panetta• William J ClintonAndrew Card• George W BushRahm Emanuel• Barack Obama
  162. 162. Office of Management and BudgetCreated by Nixon in 1970Oversees the spending by allFederal departments andagenciesAdvises the President on theallocation of Federal FundsDirector is the only Senateconfirmed position withinEXOP.
  163. 163. National Security CouncilHeaded by National SecurityAdvisorNixon politicised the way inwhich worked, runningForeign Policy throughKissinger from the WestWingClinton returned it to itshonest broker role
  164. 164. EXOP v CabinetFrom EXOP Perspective Regard Cabinet as toodistant and disloyalfrom the PresidentFrom Cabinet Perspective See EXOP as too closeand too loyal to thePresidentLarge rivalries existed during theNixon Years as EXOP ran ForeignPolicy with Henry Kissinger asNational Security Advisor instead ofthe State Department
  165. 165. Why?
  166. 166. Why?US StateDepartmentWhite House1.7 Mile Journey between the twoNSA – 30 seconds from the Oval
  167. 167. An Imperial President?Term Originates from the1970s by SchlesingerFocuses on abuse ofpower by Johnson andNixonEXOP becomes the Courtof an Emperor
  168. 168. Why?Executive branch dominates over the otherbranchesPresidents craft Foreign Policy as Commander inChief and use the vagueness of the Constitutionto go to WarJohnson and Nixon personified this
  169. 169. Evidence1964 Gulf of Tonkin Resolution giving Johnson a‘blank cheque’ for Vietnam WarNixon – Wire tapping, bombing of Laos andCambodia, executive privilege claims
  170. 170. Imperilled PresidencyHowever it can be imperilledPresident Ford is a good example• Lack of Party leadership in Congress• Unable to control Federal BureaucracyA principal weakness in the presidency isthe inability of the White House tomaintain control over the large federalbureaucracy.G . Ford
  171. 171. ‘Bifurcated’ presidencyIt can be argued that the presidency is almost liketwo separate roles, with different levels of power:• Foreign policy – almost unchecked power• Domestic policy – hugely constrained byCongress• So is Congress ‘too effective’ a check and balancedomestically, yet too weak on foreign issues?Clinton was easily able to send troops toBosnia and Kosovo, whilst he couldn’t passhis healthcare bill
  172. 172. However!There are contrasting examplestoo;• Foreign policy – Congress driedup funds for the Vietnam conflictunder Ford (power of the purse)• Domestic policy – FDR was ableto pass much legislation in the1930s (New Deal), as wasJohnson (Great Society)
  173. 173. George W BushYes NoPresidential Authority – Only response inWar on TerrorCongress refuses to extend Patriot ActMany in Administration saw Congress asbelow the White House in NationalDefencePassing of Anti Terror Legislation (PatriotAct)
  174. 174. Executive Synoptic LinksUK Fusion of Powers vs US Separation of PowersImportance of CabinetUK PM stronger domestically than US PresidentUS President stronger on foreign policy than UK PMUK PM has bigger sticks and tastier carrotsUS Term limits vs no limits on PM tenureUK PMs can be presidential whereas US President’s can beimperial
  175. 175. Exam success isnot a lottery!Know yourtermsKnow theArticlesKnow theExamples
  176. 176. Answer the question, the wholequestion and nothing but thequestion
  177. 177. Good LuckMonday 10th June09:00