CHAPTER TENThe PresidencyPresidential Power Is R.docx

CHAPTER TEN
The Presidency
Presidential Power Is Rooted in the Constitution
Presidential SelectionThe framers thought a unitary executive
would be energetic and thus better able to protect the nation's
interests.Presidents are selected in indirect elections through the
Electoral College.The presidency was strengthened by the
introduction of the national convention system of nominating
presidential candidates.
Presidential GovernmentThe development of presidential
government as we know it today did not mature until Franklin
D. Roosevelt (FDR) and his New Deal of the 1930s. Since then,
every president has been strong, whether committed to the
strong presidency or not.
Expressed Presidential PowersThe president's expressed powers,
which are granted by the Constitution, fall into five categories
— military, judicial, diplomatic, executive, and legislative.

Commander in ChiefThe position of commander in chief makes
the president the highest military authority in the United States,
with control of the entire defense establishment. The
Constitution delegates to the president, as commander in chief,
the obligation to protect every state against invasion and
domestic violence.
Distinct Presidential PowersThe presidential power to grant
reprieves, pardons, and amnesty involves power over all
individuals who may be a threat to the security of the United
States.
Treaties and
Executive AgreementsThe power to receive representatives of
foreign countries allows the president almost unconditional
authority to determine whether a new ruling group can indeed
commit its country to treaties and other agreements. Recently,
presidents have increased the use of executive agreements
instead of treaties.
Executive Powers
and PrivilegesThe president's executive power consists of the
ability to appoint, remove, and supervise all executive officers
and to appoint all federal judges (with Senate approval).Another
component of the president's power as chief executive is
executive privilege — the claim that confidential

communications between a president and close advisers should
not be revealed without presidential consent.
Presidential Legislative PowerThe president's legislative power
consists of the constitutional requirement to deliver a State of
the Union address and the president's constitutional power to
veto any acts of Congress.Though not explicitly, the
Constitution also provides the president with the power of
legislative initiative, which implies the ability to formulate
proposals for important policies.
Executive OrdersThe president can issue executive orders,
which are, first and foremost, simply normal tools of
management: rules-setting procedures, etiquette, chains of
command, functional responsibilities, and others. But evolving
out of this normal management practice is a recognized
presidential power to promulgate rules that have the effect and
formal status of legislation.
Delegated PowersPowers given to the president by Congress are
called delegated powers. Because of the expansion of
government in the last century, Congress has voluntarily
delegated a great deal of its own legislative authority to the
executive branch.
Claims of Inherent PowerPresidents have also claimed inherent
powers, which are not expressed in the Constitution but are
inferred from it. For example, though the president is

commander in chief, only Congress can declare war. However,
presidents have gone a long way in capturing this power for
themselves. In 1973, Congress passed the War Powers
Resolution as a response to presidential unilateralism, but
presidents have generally ignored it.
Institutional Resources of Presidential Power Are Numerous
Presidential Officials, Staff
and AssistantsCollectively, the thousands of officials and
staffers who work for, assist, or advise the chief executive
could be said to make up the institutional presidency and to give
the president a capacity for action that no single individual
could duplicate.
The CabinetThe Cabinet is the designation for the heads of all
the major federal government departments, but it is not a
collective body. It meets but makes no decisions as a group.
The White House StaffThe White House staff, which is
composed primarily of analysts and advisers, has grown from an
informal group of fewer than a dozen people to a new
presidential bureaucracy.
Executive Office of the PresidentA major part of the

institutional presidency is the Executive Office of the President,
which is larger than the White House staff and comprises the
president's permanent management agencies. The Office of
Management and Budget and the Council of Economic Advisers
both fall under this category.
Utilizing the Vice-PresidentAs the institutional presidency has
grown in size and complexity, most presidents of the past 25
years have sought to use their vice presidents as a management
resource after the election.
The First SpouseFirst spouses have traditionally limited their
activities to the ceremonial portion of the presidency, though
some first spouses have been more involved in policy aspects of
the presidency.
Party, Popular Mobilization, and Administration Make
Presidents Stronger
Expanding Presidential PowerGenerally, presidents can expand
their power in three ways: through popular mobilization,
through administration, and through their party.
Party Members in ControlAlthough all presidents rely on the
members and leaders of their own party to implement their
legislative agendas, the president does not control his or her

own party; in fact, party members have considerable autonomy.
During periods of divided government, the president's party is
in the minority in Congress.
Going To The Public For Greater Power"Going public" as a
source of presidential power has been especially significant in
the past 50 years. Going public by using the Internet has
changed how modern presidents govern, allowing them to
broadcast policy ideas directly to citizens. But popular support
for the president can be fickle and tends to decline over the
course of a president's administration.
Expanding Presidential Reach and PowerContemporary
presidents have increased the administrative capabilities and
power of their office by enhancing the reach and power of the
Executive Office of the President, increasing White House
control over the federal bureaucracy, and expanding the role of
executive orders and other instruments of direct presidential
governance.
Limiting Presidential PowerPresidential power continues to be
limited by the congressional power of the purse, decisions made
by foreign leaders, and periods of divided government.
The Presidency and Your Future

Unilateral Presidential ActionVivid examples of the decisive
shift toward increased presidential power can be seen in the
important policy arenas of national defense and the federal
budget. The growth of executive power may lead to quick and
unilateral presidential action and may make the policies
presidents favor more likely to become the law of the land.
1 | P a g e
Amanda Anderberg
Sociology 1010
Final
SOCIOLOGICAL ANALYSIS OF THE ZION CANYON
LIONS CLUB
I am a member of the Zion Canyon Lions Club. In
this analysis I will focus on the history
of the Lions Club, as well as my specific history in
joining the Lions Club. I will then apply the
theory of symbolic interactionism to the club. I
will explore the concepts of gender, age,
race/ethnicity, and stratification within the group.
History of Lions Club
The Lions Club began in 1917 by

businessman, Melvin Jones, in Chicago. Melvin
belonged to a business club in Chicago, and wanted
the club to reach beyond business and into the
community. After contacting several similar
business groups, The Lions Club was formed. Three
years later, it had grown into an international
organization. (Lions Club International, n.d.)
Lions Club is the largest service club organization in the
United States. Lions Club is broken
down into small local chapters. These local clubs meet
on a regular basis to determine how to
best raise funds to help their local communities. Most of
the funds raised by the Zion Canyon
Lions Club are used to pay for eye exams and eye
glasses for children in need in our local
community, as well as helping restore and improve local
parks and green space.
I joined the Zion Canyon Lions Club because my partner
is a member and I wanted to be
able to participate along with him. In order to join the
Lions Club, you have to be sponsored in

2 | P a g e
by another member. My boyfriend served as my sponsor.
Once you have a sponsor, you simply
talk to the president of your local club to have your
name placed on the membership list, then
you pay your annual fee. At that point, you can begin
to fully participate in club activities.
Symbolic Interactionism of the Zion Canyon Lions Club
Symbolic Interactionism places importance on the study of
language and communication
in the social world. Virtually all interactions between
individuals involve an exchange of symbols.
(Giddens, 2011) This theoretical perspective is appropriate
in analyzing the Zion Canyon Lions
Club because of the many symbolic words, gestures,
and clothing that are part of being a
member.
In analyzing the Lions Club through the symbolic
interactionism perspective, it is clear that
group members have a unique form of communication
during formal meetings. The president

and secretary of the club lead the monthly
meetings. Members in attendance are able to
speak about topics of interest, ask questions, and
otherwise participate in the meeting by simply
raising a hand and waiting to be called upon. In the
Lions Club, if a decision needs to be made about
where to donate funds, or anything related to club
business, a vote must be taken. Instead of using
I have not been present to witness a no vote, but I
assume the correct protocol would be to use
extremely strange and
3 | P a g e
slightly embarrassing. I decided, as the youngest member
of the group, that I would use the word
In addition, the president uses a gavel during the meeting
to
bring the meeting to order or conclusion.

After every meeting there is a social gathering/refreshment
period. During this time,
everyone speaks freely to one another, and there is no
roaring or meowing happening.
During our public events, such as our annual charity
bingo game, all members who are
volunteering wear either a vest, a hat, or a shirt, bearing
the Lions Club logo. This is a symbol
that speaks to people outside of our group, letting them
know that we are members of the club.
Gender, Age, Race/Ethnicity, and Stratification of Zion
Canyon Lions Club
Our group is nearly equal in the ratio of men versus
women members. I believe this is
because there are many couples who are members.
However, there are actually a few more men
than women. The majority age group of the club is fifty
years and over. In fact, I am the only
member under the age of forty. (I am trying to inject
youth into the club). There are three
members in their forties. The rest of the group (the
majority) is fifty and over. The oldest
member of the group is 76.
The race/ethnicity of the group is white. There are no

members of a non-‐white race. All
of the members are at least second generation United
States citizens from any possible foreign
ancestry. All of that ancestry appears to be
European. These racial demographics seem
overwhelmingly one-‐sided, however, I believe they are a
reflection of the demographics of our
small community, wherein only ten percent of the
population is non-‐white.
4 | P a g e
The stratification of the group is definitely lop-‐sided.
All of our group members are either
business owners, or the partner of a business owner. In
turn, the group is comprised of single
individuals, or couples, whose combined income puts them
into middle to upper-‐middle class
status.
Possible Reasons for the Stratification Patterns in Zion
Canyon Lions Club
In our group, we are continually struggling to gain new
members. This can be difficult in

a community which boasts a total population of
approximately 500 persons. The more members
we have, the more volunteer work we can accomplish and
the more money we can raise.
As a member of the Zion Canyon Lions Club, you receive
no monetary benefit. In fact, to
be a member you must pay an annual fee. Although the
potential exists for networking with
other members to benefit any business you may have, that
is not the purpose of the club. I joined
the club because I wanted to participate in a charitable
group and help to make a difference in
our local community. The rewards of being a member
are seeing the difference you can make in
the lives of people in the community. In talking to my
fellow members, this is the consensus for
why they joined the club. Yet, we have difficulty
attracting new members, specifically young
members. As stated above, all of the members, or their
partners, own a small business in town.
It is not unusual for people to own a business in
Springdale, as our town is comprised of small,
independent businesses. Also, it appears to me that each
person in the club, either on their own

or with the joint income of their partner, falls into the
middle to upper-‐middle class bracket.
From this information, it seems that it may be easier for
people in higher classes to donate
time for a non-‐monetary reward. This is not to
say that young, lower-‐class people are
uninterested in helping others, but some of them are
probably busy surviving paycheck to
5 | P a g e
paycheck. This could hinder their desire to take time
away from work and family to volunteer for
our club.
Conclusion
In conclusion, the Zion Canyon Lions Club is a non-
‐profit organization and is a branch of
-‐care for the needy in our
community, and to invest in local parks and green spaces
in our community. We are a group
consisting of forty-‐two members (in a community of
approximately 500 persons). Our group
consists of people of white, presumably European,

heritage. There are almost an even number of males
and females in the group. The majority of the group is
over fifty years of age, although there are a few
members in their forties, and one in her thirties. The
group is overwhelmingly comprised of small
business owners, who find themselves in the middle to
upper-‐middle class.
Some specific s
communicate to others that we are members of the Lions
Club. All of the symbols used to
communicate, both verbally and non-‐verbally, help to
keep our group a cohesive, cooperative,
and efficient unit.
6 | P a g e
References
Giddens, A. (2011). Essentials of Sociology. WW Norton

& Co.
Lions Club International. (n.d.). Retrieved from
http://www.lionsclubs.org/EN/index.php
“Applying Your Sociological Imagination”
The purpose of this paper is to encourage you to apply your
sociological
imagination and to use some of the tools you have learned in
this course to
explore your own experience. To start, I would like you to
select a group to
write about. You need to be a member of this group. You can be
a formal
card carrying member of the group, or simply a member through
informal
association. I want you to think of a group that you know
intimately enough
that you will be able to easily write about the history,
characteristics,
relationships, etc. of the group. You should also consider
picking a group
that is manageable to write able. For example, writing about
being part of
‘college students’ would be much too broad. There is no way
that you could
generalize enough information to discuss the group. You might,
however, be a member of a study group ora group of classmates
that have taken several classes together who have become very
familiar with each other. Here is a list of potential groups that

might help to give you some ideas:
- Music group (band, choir, hip hop crew)
- Work (co-workers, people you spend a lot of time with,
regular customers)
- Regulars (coffee shop, record store, shopping mall, arcade)
- Club (book club, card game, shooting range)
- Friends (group that hangs out on weekends, camping friends)
- Neighborhood parents that all hang out with kids at park
- Members of a particular religious/ideological organization
(think in small
manageable terms: local individual ward, specific atheist
reading group)
- Team (sports, dance, other competition)
The key is just to pick a group that you belong to and that you
know very
well. I do not want you to have to struggle to come up with
facts about the
group. Pick something that you know well enough that you can
focus on the
sociology and have the rest flow easily. Pretend that I do not
know anything
about your group, your culture, or your experience. Write this
paper as if
your group were being introduced to the world for the first time.
Keep it very
simple and straight forward.
I am leaving the rubric intentionally vague so that you can write
about any
aspect that you are most interested in. For example, when
telling me about
the group’s history you might write about the actual history of
how the
group was formed or about your own experience becoming a
part of the
group. The discussion about social context, norms, and history
is just

intended to give the reader a sense of who your group is, what
they do, and
basically why they exist. I am not looking for anything specific
beyond that
general frame.
After describing the group, pick one of our main three theories
to use to
explore your group. You might pick symbolic interactionism
and talk about
the symbols that your group uses and the meaning behind those
symbols
(ballet shoes, uniforms, hair styles, hand shakes/gestures,
clothing, words,
etc.). You might use the conflict perspective to talk about who
has access
to resources (such as attention from group leaders) and who
does not have
access. You could also choose the functionalist perspective and
talk about
what function your group fills in society or what role each
individual plays in
the group. These are just quick examples. Please let me know if
you would
like any more detail or help.
The next step of discussion at least 3 of the sociological
concepts should
be straight forward. Again, you can write about any aspect that
you like. For
example, you might write about the age characteristics of
members of your
group or you might write about how different age groups in
society respond
to your group.
Finally, you will use images to help ellaborate your points! I
would like you
to be creative. You have complete free will with regard to what

images you
use and how you use them. You can use photographs, drawings,
things
taking from the internet, tables, graphs, or anything else. You
might take a
straight forward shot of your group and say ‘this is my group’.
You could
also talk about the macro perspective and show a picture of a
mountain.
You could then talk about the micro perspective and show a
zoomed in
image of an individual flower on the mountain. Be creative!
Please let me know if you would like clarification about
anything or have
any questions at all about who/what to write about! Below you
will find the
rubric that I will use to grade your paper. You are welcome to
submit your
paper via the Canvas submission portal or to deliver a hard copy
to me
(this might work best if you want to include images that are not
easily
digitized).
Intro 1 2 3 4 5
Provide an overview of your paper.
Describe the group of which you are a member. 1 2 3 4 5
History of the group.
Social context of the group.
Discuss the norms associated with the group.
Discuss the theoretical perspective you have chosen. 1 2 3 4 5
(Functionalism, Symbolic Interactionism, Conflict Theory, etc.)
Provide an explanation of the theoretical perspective.
Why is this perspective appropriate to examine your group?
Apply the theoretical perspective. 1 2 3 4 5
Explain an aspect of your group through the theoretical lens.
Discuss at least 3 of the following concepts 1 2 3 4 5

(Within the context of your group.)
Stratification Gender Age
Race/Ethnicity Deviance Prejudice/Discrimination
Conclusion 1 2 3 4 5
Summarize your paper.
Images 1 2 3 4 5
You must use 3-5 images to highlight concepts/examples
being discussed in your paper. Think in terms of an
Intro to Sociology text book! (photos, drawings, etc.)
_____ / 35
7 categories X 5 possible points = 35 possible points.
Each score will be multiplied by 3 for your final score. X 3 =
_____
35 X 3 = 105 (5 extra credit points possible)
I am more interested in quality than quantity. I do not want you
to force writing
just to hit a certain page number. With that in mind, I expect
that it will probably
take at least 5 pages to really explore your group.
*5 or so pages double-spaced, 12 pt. font. Please do not use
images to simply fill
space.
CHAPTER 12
THE FEDERAL COURTS
The Legal System Settles Disputes

Rule of LawCourts decide cases by hearing the facts on both
sides of a dispute and applying the relevant law or principle to
the facts. Courts have been given the authority to settle
disputes, not only between citizens, but also between citizens
and the government. The essence of the "rule of law" is that
"the state" and its officials must be judged by the same laws as
the citizenry.
Criminal and Civil LawCourt cases in the United States proceed
under two broad categories of law: criminal and civil.In the area
of criminal law, either a state government or the federal
government is the plaintiff that alleges that the defendant has
violated a statute that protects public health, safety, morals, or
welfare.Civil cases are those between individuals, groups,
corporations, and other private entities, or between such
litigants and the government, in which no criminal violation is
charged.
How Does The Court DecideIn deciding cases, courts apply
statutes (laws) and legal precedents (prior decisions).
State Courts Come FirstBy far, most cases are heard by state
courts. State trial courts are the first to hear a criminal or civil
case, and defendants may appeal, if convicted, first to a state
court of appeals and then to the state's supreme court.

Who Has Jurisdiction MattersJurisdiction is the sphere of
authority of a court. Cases involving federal laws, treaties with
other nations, or the Constitution fall under the jurisdiction of
the federal courts.
Federal Court DecisionsAlthough the federal courts hear only a
fraction of all the cases decided every year in the United States,
federal court decisions are extremely important.
The Federal Courts Hear a Small Percentage of All Cases
District Courts and
Judicial DistrictsIn the United States there are currently 94
district courts, which exercise jurisdiction over federal cases
arising within each district. The judicial districts are organized
into 11 regional circuits and the D.C. circuit; circuit courts
exercise appellate jurisdiction over cases heard by the regional
district courts.
Original Jurisdiction and Appellate JurisdictionOriginal
jurisdiction, which is assigned by geography, the Constitution,
or even Congress, refers to the authority to initially consider a
case. Appellate jurisdiction refers to the authority to hear
appeals from a lower court's decision.

Federal District CourtFederal district court routines and
procedures are essentially the same as those of the lower state
courts, but federal procedural requirements tend to be stricter.
Courts of AppealsThe 13 U.S. courts of appeals review and
render decisions in approximately 20 percent of all lower-court
and agency cases.
The Supreme CourtThe Supreme Court is the highest court in
the country and the only federal court established by the
Constitution.The Constitution does not specify the number of
justices who should sit on the Supreme Court; Congress has the
power to change the Court's size. Since 1869 there have been
nine justices—one chief justice and eight associate justices.
Federal Judge AppointmentFederal judges are appointed by the
president and confirmed by the Senate. There are no formal
qualifications for service as a federal judge, but presidents tend
to appoint judges who possess legal experience, good character,
and partisan and ideological views similar to their own.
Nominating a
Supreme Court JusticeSince the Supreme Court has so much
influence over American law and politics, virtually all
presidents have made an effort to select justices who share their
political philosophies.

The Power of the Supreme Court Is Judicial Review
Marbury v. Madison and Judicial ReviewThe Supreme Court's
power to review acts of Congress, although accepted as natural
and rarely challenged, is not specifically granted by the
Constitution. The power of judicial review was asserted in the
important early case of Marbury v. Madison (1803).
Supreme Court Power and the Supremacy ClauseThe Supreme
Court's power to review state action or legislation derives from
the Constitution's supremacy clause, although it is neither
granted specifically by the Constitution nor inherent in the
federal system.
Court Power Over
Federal AgenciesAs Congress has delegated power to federal
agencies, the courts have been called on to decide whether the
regulations adopted by federal agencies are consistent with
Congress's express or implied intent.
Federal Courts Review of Presidential PowerFederal courts also
review assertions of presidential power in areas like foreign
policy, war and emergency powers, legislative power, and
administrative authority.

Most Cases Reach the Supreme Court by Appeal
Rules of the CourtOver the years, courts have developed
specific rules that govern which cases within their jurisdiction
they hear. These rules of access can be broken down into three
categories: case or controversy, standing, and mootness.
Writ of CertiorariMost cases reach the Supreme Court through a
writ of certiorari; this is only to be granted when there are
special and compelling reasons.
Solicitor General
and Amicus BriefsThe solicitor general can influence the Court
by screening cases before they reach the Supreme Court,
submitting amicus briefs, and shaping the arguments used
before the Court.
Supreme Court Decisions Set the Precedent for the
SystemGroups and forces in society attempt to influence
justices' rulings on particular issues.After the Court considers
the reasoning on both sides as presented in briefs and oral
argument, the justices discuss the case in conference and
opinions are carefully drafted. Every opinion of the Supreme
Court sets a major precedent for cases throughout the judicial
system, and even dissents can motivate future cases to come

before the Court.
Supreme Court Decisions Are Influenced by Activism and
Ideology
Influences and ExplanationsThe Supreme Court always explains
its decisions in terms of law and precedent.Supreme Court
justices are influenced by institutional interests, prior political
and governmental experience, the judicial philosophy of
restraint versus activism, and political ideology.
First Judicial RevolutionTwo judicial revolutions have
strengthened and expanded the role of the federal judiciary
since World War II. The first revolution was a substantive
revolution in several policy areas, including school
desegregation, legislative apportionment, criminal procedure,
obscenity, abortion, and voting rights.
Second Judicial RevolutionThe second revolution involved
changes in judicial procedures that expanded the power of the
courts by liberalizing the concept of standing, broadening the
scope of relief through the use of class-action suits, and
employing structural remedies that allow courts to retain
jurisdiction of cases until their mandate has been satisfactorily
implemented.

The Federal Judiciary
and Your Future
Protecting Individual Liberty and FreedomsIn the original
conception of the framers of the Constitution, the judiciary was
to be the institution that would protect individual liberty from
the government. The framers hoped that the courts would
protect individual liberty from the potential excesses of
majoritarian democracy. The courts' most important decisions
were those that protected the freedoms — to speak, worship,
publish, vote, and attend school — of groups and individuals
whose political views, religious beliefs, or racial or ethnic
backgrounds made them unpopular.
Instruments of Social PolicyToday, Americans of all political
persuasions seem to view the courts as useful instruments
through which to pursue their goals rather than protectors of
individual rights. Liberals and conservatives alike hope to use
the courts as instruments of social policy. This raises the
concern that if the courts function primarily as policy-making
institutions, no institution will have as its primary concerns the
protection of individual liberties.

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