Part of GOV4A Revision for AQA From the Aquinas Politics Department

1. GOV4A
The Government of the US
Scott Thomas | May 2013

2. Today
The Constitution
The Supreme Court
Congress
The Executive

3. Exam success is
not a lottery!
Know your
terms
Know the
Articles
Know the
Examples

4. Session 1
The Constitution and
Federalism

5. The Constitution & Federalism
Nature & Significance
Separation of Powers
Checks and Balances
Bill of Rights
Amendments
Federalism
Constitutional Change

6. US Government Overview
Federal Government Power
Legislature
Makes the laws
Congress
House of Representatives
Senate
Executive
Carries out the laws
President
Plus VP, EXOP, Cabinet,
Executive Dept, and
Agencies
Judiciary
Enforces and interprets
the laws
Supreme Court
Including appeal courts
and trial courts

7. A Constitution
• A system of rules which describes the
structure and powers of Government
• Outlines the relationship between the three
branches of government
• And the relationship between the government
and its citizens

8. A Constitution
• Limits upon power
– Checks and Balances
• How power is exercised
• Where power is located

9. Acts of Parliament
Works of Authority
EU Law
UK Constitution

10. Common Law
Royal Prerogative
Conventions
UK Constitution

11. Birth of the USA
1776 – Declaration of Independence

12. Declaration of Independence
Taxation without representation
Leads to the US War of Independence from
Britain in April 1775
4th July 1776 the Colonies issue the Declaration
of Independence

13. Birth of the USA
1776 – Declaration of Independence
1781 – Articles of Confederation

14. Articles of Confederation
War isn’t over yet
13 Colonies ratify the Articles
Create a confederacy
Afraid of tyrannical government
They failed to form a nation
despite gaining independence

15. Problems with the Articles
No Executive
Branch
No Judiciary
Legislature
was a talking
shop

16. Birth of the USA
1776 – Declaration of Independence
1781 – Articles of Confederation
1787 – Philadelphia Convention

17. Philadelphia Convention
55 Delegates from 12 of 13
States in May 1787
It took 4 Months
Had to create a strong
government whilst protecting
freedoms
Rhode Island
I'm
Suspicious
about this

18. WEAK GOVERNMENT MEANS

19. Philadelphia Convention
Virginia Plan
States with large
populations
New Jersey Plan
States with Small
Populations
Connecticut
Compromise
Bicameral System
One according to Population
One represented Equally

20. The Articles
I
II
III
IVV
VI
VII
Legislative Branch
Executive Branch
Judicial Branch
Federal – State &
Interstate Relationship
Amendment Process
Misc. Provisions
Ratification procedure

21. Birth of the USA
1776 – Declaration of Independence
1781 – Articles of Confederation
1787 – Philadelphia Convention
1789 – George Washington elected

22. Birth of the USA
1776 – Declaration of Independence
1781 – Articles of Confederation
1787 – Philadelphia Convention
1789 – George Washington elected
1791 – Bill of Rights

23. Bill of Rights 1791
First 10 Amendments known as
Bill of Rights
Proposed by Congress Sept
1789
Ratified by States December
1791
Designed to protect against an
all powerful federal
government
17 Further Amendments
have been passed since
1791

24. Rights Established
No.
I Freedom of Speech
II Right to Keep and Bear Arms
III No quartering of soldiers
IV No unreasonable search and
seizure
V Due Process
No.
VI Speedy and public trial
VII Trial by jury in civil cases
VIII No Cruel and Unusual Punishment
IX Other rights of the people
X Power not delegated to Fed. Govt.
are reserved to the States or people
Issues:
 Where does the Death Penalty sit with the 8th Amendment?
 Does the Elastic Clause supersede the 10th Amendment?

25. Proposed
Amendment
Vote in the House
2/3 Majority
Required
Vote in the Senate
2/3 Majority
required
Votes in State
Legislatures
Passed by ¾ of all
State Legislatures
Constitution
Amended
Amending the Constitution

26. Notable Amendments
13th 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. Notable Attempts to Amend
Amendment House Senate
Flag
Desecration
(05/06)
286-130 Yes 66-34
No
(1 vote short)
Balanced
Budget (95)
300-132 Yes 65-35 No
Super Majority
to increase
taxes (2002)
227-178 No N/A N/A
During Clinton’s Presidency there were 17 votes on constitutional amendments. All
the votes happened under a Republican Congress
Amendment House Senate States
Equal Rights for
Women (1972)
Yes Yes 35/50 (3 short)

28. Separation of Powers
Political power is distributed among the three
branches of government, all acting independently
and interdependently
Powers are shared through a series of checks and
balances
Executive Branch
Judicial Branch
Legislative Branch

29. Synoptic Links
Separation of Powers
• UK has a fusion of powers
• Members may sit in more
than one branch
• Until the CRA 2005 the Lord
Chancellor sat in all three
branches
Legislative &
Executive

30. Limited Government
The size and scope of the federal government
should be limited to only what is necessary
Limited Govt.

31. Checks & Balances
Each branch exercises power and control over
the others
It supports the idea of Limited Government

32. Checks on Legislature
•Recommend legislation for passage
•Veto (Pocket and Official)
By Executive
•Judicial Review
By Judiciary

33. Checks on Judiciary
• Appointment of judges
• Pardon
By Executive
• Impeachment trials and removal from
office
• Proposition of constitutional amendments
By Legislature

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
• Impeachment
By Legislature
• Judicial Review
By Judiciary

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. Federalism
A theory by which political power is divided
between a national and state government, each
having their own jurisdiction
It focuses around decentralisation

37. Federalism & The Constitution
Shown through implied powers also

38. Dual Federalism
1780-1920
• Associated with a collection of ‘unknown
presidents’
Large Focus on States Rights
• Federal Government limited to Money, War and
Peace
Layer Cake Federalism
• Divisions in Political Power are Clear Cut

39. Cooperative Federalism
1930s – 1960s
• Franklin Roosevelt, Harry Truman, John Kennedy, Lyndon Johnson
• Majority of the Presidents were Democrats
New Departments
• Defence (1949), Health, Education, & Welfare (1953), Transportation
(1966)
Large Increase in Categorical Grants
• Grants allocated to states by Federal Government for specific projects
Marble Cake
• Division in Political Power are less clear cut

40. New Federalism
1970s-2000
• Nixon, Ford, Reagan, Bush and Clinton
• Majority of the Presidents were Republicans
Shift back to State Power
• The Federal Government did not create the States;
the States created the Federal Government
Large Increase in Block Grants
• Grants allocated to states by Federal Government
for non specific purposes or general areas

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. An Ever Changing Concept
• Foreign Policy
– Second World War caused the need for centralised
planning
• Supreme Court Decisions
– Decisions on the meaning of the constitution alter the
role of the Federal Government
• Constitutional Amendments
– These can alter the powers of States or Federal
Government

43. Federalism Under Bush
Government spending
increased by 33% in 01-05
– Iraq War
– Homeland Security
– Expansions of Medicare
& Education
• No Child Left behind
– Wall Street and Banking
Collapse

44. Federalism Under Obama
Expansion of Federal Government
Role
• Obama Care
• GM Bailouts
BUT:
Willing to allow states to pursue
goals – pollution permits in
California
However:
Only does this when it suits him to
do so!

45. Federalism
Pros Cons
Permits Diversity Can hide economic and social inequalities
Pluralistic Frustrates the national will, making
solutions to problems harder
Increased protection of individual rights Constant source of conflict between
states and government
States becomes ‘policy labs’ e.g. Pollution
permits in California
Overly bureaucratic, therefore creating a
costly system that is resistant to change
Well suited to geographically large nation

46. Constitution Synoptic Links
UK Constitution is uncodified
Unitary system of government
Fusion of Powers
Parliamentary
Lower levels of democratic participation
UK becoming somewhat more Federalised with
the EU

47. Session 2
The Judicial Branch of
the US

48. The Judicial Branch
Constitutional Role
Power of Judicial Review
Appointments
Political Significance
Protection of Citizen’s Rights
Relationship with Other
Branches

49. Supreme Court & The Constitution
Judicial Branch is Article Three
Section 1 sets the
Supreme Court out as
the only Judicial Power
No provision for number
of Supreme Court justicesNo mention of Judicial
Activism
Congress can ‘ordain and
establish’ new courts
Judges shall hold their
office for life in ‘good
behaviour’

50. Structure of Federal Courts
Supreme Court sits at the
top of the Federal Court
system
Court rejects 96% of the
Cases brought to it
Lower courts hear
majority of cases
United States Supreme Court
US Court of Appeals
US Court of Appeals
1 Court – 9 Justices
1 in each of 11 circuits
1 in DC
1 Federal Circuit
1 in each 94 districts

51. Membership of the Supreme Court
8 Associate Justices
1 Chief Justice
All have an ideological stance
Number is set by Congress
FDR threatened to ‘pack the court’ when they
continually struck down New Deal legislation
Life tenure in good behaviour

52. Justice Date Appointed Sitting President Ideological Balance
Chief Justice
John Roberts
2005 George W Bush (R) Right Leaning
Associate Justices
Antonin Scalia 1986 Ronald Reagan (R) Right Leaning
Anthony Kennedy 1988 Ronald Reagan (R) Swing Vote
Clarence Thomas 1991 George H W Bush (R) Right Leaning
Ruth Bader Ginsburg 1993 William J Clinton (D) Left Leaning
Stephen Breyer 1994 William J Clinton (D) Left Leaning
Samuel Alito 2005 George W Bush (R) Right Leaning
Sonia Sotomayor 2009 Barack H Obama (D) Left Leaning
Elena Kagan 2010 Barack H Obama (D) Left Leaning
Membership of the Supreme Court

53. The Roberts Court
John Roberts
Antonin Scalia Anthony
Kennedy
Clarence
Thomas
Ruth Bader
Ginsburg
Stephen
Breyer
Samuel Alito Sonia
Sotomayor
Elena Kagan

54. Left Right
The Ideology of the Roberts Court
John Roberts
Antonin Scalia
Anthony
Kennedy
Clarence
Thomas
Ruth Bader
Ginsburg
Stephen
Breyer
Samuel Alito
Sonia
Sotomayor Elena Kagan
SWING VOTE

55. Judicial Philosophy
President’s often want to appoint Justices that
fit their own ideological image
Reagan: Bork, Scalia
Obama: Sotomayor, Kagan
Justices are often seen as ‘conservatives’ or
‘liberals’
There are more classifications

56. Constructionist
Strict Constructionist
Interprets the Constitution in a literal or ‘strict’ way, look at
the original intent of the Founding Fathers. Favour States
rights over Federal Government. Tend to be labelled as
‘conservatives’
Loose Constructionist
Interprets the Constitution in a loose way, in which they
‘read between the lines’. They look at the context of the
issue and the constitution. Favour federal government power
over that of states power and rights. Tend be labelled as
‘liberals’

57. Activism and Restraint
Judicial Activism
Justices should use their position to promote desirable social
ends. Activist courts have a large docket
Judicial Restraint
Justices should not ‘legislate’ from the bench, leaving this to
the legislature and executive. Greater stress should be
placed upon the precedent set by previous courts.
Restrained courts have a smaller docket

58. Appointments Process
Vacancy
Occurs
Search is
Instigated
FBI
Background
Checks
Senate
hearings and
confirmation
Death, Retirement or Impeachment
Advice sought from:
• Advisors
• Congress
• Professional Bodies
Nominees can come
from:
• Lower Courts
• Executive Branch
Legislative Branch
• Academia
FBI Checks and
interview with the
President. ABA gives
an informal rating
Clarence Thomas is
the last nominee to
receive lower than
perfect
SJC holds hearings for
the candidate
Sometimes candidates
withdraw if hearing is
bad
Vote on the floor. If
committee rules
against, Senate
typically will

59. Notable Appointments
Earl Warren
Appointed by
Eisenhower who
said it was the
biggest god dam
mistake of his life
Robert Bork
Reagan’s
controversial
nomination, the
subject of a
negative ad
campaign. Failed
to confirm
David Souter
Appointed by
George H W Bush
he has turned out
to be one of the
most liberal
members of the
Court

60. Why is this important?
Presidents seek to leave a
legacy in the court
One of their ideological
persuasion
The Court will outlive the
Presidency
Examples:
Reagan & George H W Bush
placed right leaning judges on
the Court – Bush v Gore 2000?

61. Judicial Review
No constitutional basis for this power
Found in Marbury v Madison 1803
Allowed the Court to rule:
• Acts of Congress
• Executive Actions
• State Law
UNCOSTITUTIONAL

62. The Courts you Need to Know
Year Court Year Court Year Court Year Court
1953
Warren
Court
1968
Warren
Court
1983
Burger
Court
1998
Rehnquist
Court
1954 1969 1984 1999
1955 1970
Burger
Court
1985 2000
1956 1971 1986
Rehnquist
Court
2001
1957 1972 1987 2002
1958 1973 1988 2003
1959 1974 1989 2004
1960 1975 1990 2005
Roberts
Court
1961 1976 1991 2006
1962 1977 1992 2007
1963 1978 1993 2008
1964 1979 1994 2009
1965 1980 1995 2010
1966 1981 1996 2011
1967 1982 1997 2012

63. Plessy v Ferguson 1856
Upheld segregation as
constitutional with the
reference to separate but
equal
Arose from the Louisiana
Separate Car Act for Rail
carriages

64. Brown v Board of Education 1953
This case overturns Plessy v Ferguson
1896
Established that separate was
inherently unequal in the provision
of facilities
Paved the way for integration
Ruled on through the Equal
Protection Clause of the 14th
Amendment
WARREN

65. Mapp v Ohio 1961
Ruled that evidence obtained in the violation of
the Fourth Amendment cannot be used in court
Arose from a dispute in Ohio which police didn’t
have a warrant and found large amounts of
pornography
WARREN

66. Engel v Vitale 1962
Ruled that it is unconstitutional
for school prayers in public
schools
This violates the First
Amendment
This was the basis for more cases
such as Wallace v Jaffree which
banned meditation in Alabama
WARREN

67. Gideon v Wainwright 1963
Under the Sixth Amendment
right to counsel is a
fundamental right
States must provide defence
counsel should the defendant
be unable to afford it
WARREN

68. Griswold v Connecticut 1965
Protected the right to Privacy
Connecticut law prohibited the
use of contraception
Supreme court ruled that it
violated the right to marital
privacy
Does the constitution provide for a
right to privacy specifically?
WARREN

69. Miranda v Arizona 1966
Ruled that the accused must
be read their legal rights prior
to questioning by the police
Basis is the fifth amendment
which protects against Self
Incrimination
WARREN

70. Roe v Wade 1973
Ruled that abortion was legal
in the first trimester
Found on the right to Privacy
under the due process clause
of the 14th Amendment
Texas law made it illegal to
assist a woman to get an
abortion
Is this legislating from the Bench?
BURGER

71. United States v Nixon 1974
Ruled that no person not even
the President is completely
above the law
Also ruled that the President
cannot use executive privilege
as an excuse to withhold
evidence in criminal trials
Started the ball rolling on Nixon
Impeachment
BURGER

72. Planned Parenthood v Casey 1992
Rules on abortion in
Pennsylvania were challenged
The court upheld the right to
an abortion but ruled that 1
out of 5 restrictions was
unconstitutional
Pennsylvania State made patients go through many
‘hoops’ before an abortion
REHNQUIST

73. Clinton v City of New York 1998
Ruled that the Line Item Veto
from the Line Item Veto Act of
1996 was unconstitutional as it
gave the President power to
amend legislation duly passed
by Congress
43 States give Governors
the power of Line Item Veto
Line Item Bill appeared in the
House in Feb 2012
REHNQUIST

74. George W Bush v Albert Gore 2000
Votes in Florida were close
Supreme Court ruled that
manually recounting a precinct
was wrong and the entire state
must be recounted
Proper recounting by deadline
of Dec 12 would be
unconstitutional
Decision handed down on Dec 11
REHNQUIST

75. Gonzales v Carhart 2007
Court upheld the Partial-Birth
Abortion Ban of 2003
It did not impose a burden on
the ability to have an abortion
as presented under Roe V
Wade and Planned Parenthood
v Casey
Shown as a turning in the
conservatism of the Roberts Court
ROBERTS

76. National Federation of Independent
Business v Sebelius 2012
Court upheld Affordable Care
Act requiring Americans to
purchase Health Insurance by
2014
Roberts ruled that a mandate
to buy insurance was an
exercise of Congress’ power to
collect taxes
ROBERTS

77. Case Visualisation
Year Case Year Case Year Case Year Case
1953 Brown v BoE 1968 1983 1998 Clinton v NY
1954 1969 1984 1999
1955 1970 1985 2000 Bush V Gore
1956 1971 1986 2001
1957 1972 1987 2002
1958 1973 Roe v Wade 1988 2003
1959 1974 US v Nixon 1989 2004
1960 1975 1990 2005
1961 Mapp v Ohio 1976 1991 2006
1962 Engel v Vitale 1977 1992 PP v Casey 2007 Gonzales v Car
1963 Gideon v Wain 1978 1993 2008
1964 1979 1994 2009
1965 Griswold v CT 1980 1995 2010
1966 Miranda v AZ 1981 1996 2011
1967 1982 1997 2012 NFIB v Sebelius

78. Hollingsworth v Perry 2013
California’s Prop 8 Case:
CSC ruled Same Sex Marriage
legal in 2008
Prop 8 Banned them
Opponents are seeking a court
ordered expansion of
traditional marriage Case is on-going – May appear
before the Court
ROBERTS

79. Judicial Synoptic Links
 UK Judiciary are far less partisan and far less powerful
 Appointments go through Judicial Appointments
Commission rather than Senate or Parliamentary
Hearings
 Parliamentary Sovereignty undermines UKs judicial
power
 Can’t rule on constitutionality but only make a
declaration of incompatibility
 Judges must retire at aged 70

80. Session 3
The Legislative Branch
of the US

81. The Legislative Branch
Constitutional Role
Composition
Differences between Houses
Importance of the Parties
Roles of Congress
Relationship with
Government and Supreme
Court

82. Congress & The Constitution
Congress is Article One
Powers outlined in this
are known as
Enumerated powers
Section 8 – Final Clause
Elastic Clause
If Article One references
Congress surely it is the most
important branch?
Divides Congress into two
House of Representatives
Senate
Bicameral System is
known as the
Connecticut CompromiseHouse Elected via Popular Vote
Senate indirect elected until 1914

83. Concurrent Powers of Congress
Equal Legislative Power
Override Presidential Veto
Initiate Constitutional Amendments
Declarations of War
Confirm appointed Vice Presidents

84. Declared Wars

85. Elastic Clause
“to make all laws which shall be necessary and
proper for carrying into execution the
foregoing powers, and all other powers vested
in this Constitution in the Government of the
United States, or in any department or officer
thereof”
Article 1, Section 8, Final Clause

86. House of Representatives

87. Make up of the House
435 Seats
200 Democrats
232 Republicans
3 Vacant
Each member represents a ‘Congressional District’
States are given a number of districts in proportion to their population
House is presided over by the Speaker of the House

88. Key Demographics
Gender Balance: Male 82% Female 28%
Ethnicity:
African American 41
Asian 7
Caucasian 336
Hispanic 27
Not Stated 22
Other 5

89. Powers of the House
Known as Exclusive Powers
• Initiate Money Bills
– Power of the Purse
• Impeachment
– Voted to impeach Clinton in 1998
• Elect a President should the Electoral College
Deadlock
– John Quincy Adams elected President in Deadlock

90. Speaker of the
House
• Presiding Officer of the
House
• Second in Presidential
Succession
• Leader of Majority party in
the House normally becomes
Speaker through ballot
• No requirement that the
Speaker be a member of the
House
John Boehner (R)
Ohio 8th District

91. Role of the Speaker
Notably Partisan Role
Speaker doesn’t typically debate or vote unless it’s
close
Responsible for the passage o legislation and which
will make it to the floor
Speaker normally designates to someone else to
preside over the proceedings in the House
Responsible for maintaining decorum in the House

92. House Leadership
John Boehner (R)
Ohio 8th District
Eric Cantor (R)
Virginia 7th District
Nancy Pelosi (D)
California 12th District
Speaker Majority Leader Minority Leader

93. Majority & Minority Leaders
• Elected via closed door
party caucus every
Congress
• Represent the Party
• Liaison between
Congress and White
House
• Day to Day director of
Operations on the
House Floor
Leaders More Important in The Senate

94. Running for the House
Elections are every 2 years (all elected)
US Citizens for 7 years
Must be a resident in
representative state
Candidates must be at
least 25 years old
Some states may impose a locality rule
You need to first secure
the nomination from your
Party
You may need to win a
Primary Election
You May be challenged as
an incumbent

95. Congressional Districts
The House has 435 Seats
These are given to states depending on
population, roughly 700,000 people in each
district
Every 10 years after a census the number is
changed per state

96. Congressional Districts

97. Gerrymandering
• Gerrymandering is a form of redistricting in
which electoral districts boundaries are
deliberately modified for electoral purposes,
thereby producing a contorted or unusual
shape.
CGP Grey Explains:
•Gerrymandering

98. Gerrymandering
Negative: when used to allege that a party is
gaining disproportionate power – packing
districts with hardcore support form one party,
creating wasted votes.
Positive: producing a proportion of
constituencies with an African-American or
other minority in the majority (these are then
called "minority-majority districts").

99. Some Brilliant Gerrymandering

100. US Senate

101. Make up of the Senate
100 Seats
53 Democrats
45 Republicans
2 Independents
Each member represents a State
States are allocated 2 Senators each
The two Independents caucus with the Democrats, thus bringing Democrat majority to 55

102. Key Demographics
Gender Balance: Male 80% Female 20%
Ethnicity:
African American 2
Asian 1
Caucasian 93
Hispanic 2
Not Stated 2

103. Voting in the States
1 from each Party Both Democrats Both Republicans

104. Running for the Senate
Elections are every 2 years (1/3 of Senate)
US Citizens for
9 years
Must be a
resident in
representative
state
Candidates
must be at
least 30 years
old You need to first secure
the nomination from your
Party
You may need to win a
Primary Election
You May be challenged as
an incumbent

105. Powers of the Senate
Exclusive Powers
Confirm Appointments
– Supreme Court Nominees, Executive
Appointments
Ratify Treaties
– Failed to ratify 1919 Treaty of Versailles
Try in Cases of Impeachment
– 1998 Bill Clinton
Elect VP in Case of Electoral College
Deadlock

106. Senate Leadership
Patrick Leahy (D)
Vermont
Harry Reid (D)
Nevada
Mitch McConnell (R)
Kentucky
President Pro Tempore Majority Leader Minority Leader

107. Filibuster
A device by which a Senator or Group of
Senators can attempt to talk a bill to death by
using delaying tactics.
Strom Thurmond 1957
Filibustered a Civil Rights
Bill for 24hrs 18mins
Rand Paul 2013
Attempted to stop John
Brennen’s appointment as
CIA Director: 12hrs 52mins
Power is derived from a
Senator’s right to
unlimited debate
If 3/5 of the House vote to
end a filibuster it is known
as a Cloture Motion

108. Which is Better?
Senate
• Longer terms
• Represent entire state
• Easier to achieve more public
recognition
• More powers
• Trying the accused
• More committee places
• Projection to a Presidency
• Vote is worth more so
bargaining more common
• More likely to get a piece of
the action
BUT!
• House Controls money bills
‘Power of the Purse’
• Equal pay
• Equal legislative power
DEMOCRATS
Last 15 Vice Presidential
Nominations: 14 were
Senators

109. Passage of a Bill in Congress
• Concurrent Passage through Congress
– Through both House and Senate
Problems:
• Concurrent Passage means there will be
differences

110. First Reading
A formality – There is no debate and no vote
Typically thousands of bills are introduced

111. Committee Stage
Congressional 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 stage
Committees are normally filled with experts or specialists
Bills may die if they can’t get reported out such as Clinton’s Healthcare Reforms

112. Timetabling
House of Representatives
The House Rules Committee makes the
decisions on which Bills make it to the floor
and how long they will be debated for.
Senate
This is done by Unanimous Consent
Agreement
Meaning Senate Leadership agree on
which bills will make it to the floor

113. Second Reading
House of Representatives
Members debate and vote on the bill in the
form that comes from the committee
Senate
Members debate and vote on the bill in
the form that comes from the committee
Here a bill may end up being filibustered

114. Third Reading
House of Representatives
Final opportunity to debate the bill.
Debate would tend to small before the vote
Senate
Final opportunity to debate the bill.
Debate would tend to small before the
vote

115. Conference Committee
Due to concurrent passage of the bills different bills will be produced. A conference
committee was typically used to reconcile the two bills.
Typically only 10% of bills go this route now
Congressional Leadership now typically reconcile the bill.

116. Presidential Action
3 Options
Sign Bill in to Law
Leave it on the Desk – Becomes law after 10 days
Veto – Sent it back to Congress
Pocket Veto – within the last 10 days of Congress an unsigned bill will die

117. Congressional Committees
Most important part of the Legislative Process
Members of Congress will seek assignment to
committees so they can get pork projects for
their constituents
Washington State members will seek Defense
Committee seats
Unlike the UK the committee
stage is before the 2nd Reading

118. Functions of Committees
Branch of Congress Function
Senate & House Conduct the Committee Stage in the
passage of a bill
E.g. 1993 Bill Clinton’s Healthcare reform
Senate & House Conduct investigations into the area of
that committee
E.g. Senate Foreign Relations Committee –
NATO Enlargement
Senate ONLY Confirm some appointments such as
Supreme Court Judges, Cabinet Posts
E.g. Robert Bork or Clarence Thomas

119. House Rules Committee
The Traffic Cop of the House
It’s job is prioritising the bills for votes on the
floor of the House
It can attach time limits and rules to the debates
of a bill
13 Members
9 Majority Party
4 Minority Party
Pete Sessions TX (R)

120. Select Committees
Known as ‘Special’ or ‘Investigative’
Formed on an ad hoc basis for a
particular issue
Tend to investigate an issue that would
either:
a) Take up too much time in standing
committee
b) Come under many different
committees
Iran-Contra or 9/11 are notable examples

121. Committee Chairs
Always come from the Majority
Party
Used to be done by Seniority Rule
Now elected through secret ballots
6 year term limits imposed by
Republicans in the 1990s
Seniority Rule: Chairs of congressional standing committees will
be from the majority party and be the longest continuous service
on that committee

122. Why is Party Discipline so weak?
“Lack of Tasty Carrots and Sizeable
Sticks”
On Capitol Hill the Lobbyists and
Electorate rule
Congressmen generally pay a lot of
attention to what the folks back home say,
they are very concerned with getting
themselves re-elected
Interest Groups play a massive part in this

123. Legislative Synoptic Links
UK is an unbalanced bi-cameral system
Parties are far more dominant (whipping)
Members of the Executive are in the Legislature
Legislative process is slightly different

124. Session 4
The Executive Branch
of the US

125. The Executive Branch
Constitution & Executive
Branch
Presidential Power
Limitations & Constraints
Power and Influence:
Cabinet
EXOP
Federal Bureaucracy &
Federal Agencies

126. Executive & The Constitution
Found in Article 2
All executive power is
vested in one President
Commander in Chief
Cabinet not a requirement
Electoral College outlined Term limits added via
amendments

127. Some Key Presidents
George Washington
• First President
• Bill of Rights
• Two term convention
Abraham Lincoln
• Abolished Slavery
• President during Civil War
Franklin D Roosevelt
• Longest serving 12 years
• The New Deal
Richard M Nixon
• Watergate
• New Federalism
Ronald Reagan
• Iran-Contra Affair
• Robert Bork – SC Nominee
Bill J Clinton
• Failed Impeachment
• Failed Healthcare Reform

128. Some Key Presidents
• 9/11
• Anti terror legislation
• Education & AIDS
• War on Terror
• 2008 Financial Crisis
George W
Bush
• Obamacare
• Gun Control
• Immigration Reform
• Osama Bin Laden
• Bailouts
Barack H
Obama

129. Role of the President
Head of State
Chief Diplomat
Chief Legislator
Commander in Chief
Chief Executive

130. Increasing Role of the President
Only national political
institution that can act
quickly and decisively in
times of crisis
Only nationally elected
politician – claim a
mandate
EBBS AND FLOWS
Crisis – Flows towards POTUS
Peace – Congress Reasserts itself

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. Power of Veto
Presidents can veto legislation, i.e. not make it
law
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, ruled
unconstitutional by Clinton v New York 1998

133. The Power to Persuade
Why only persuade:
Cabinet is not a reward to
Congress due to the separation
of powers
Lack of an honours system in
the US unlike the UK
Can’t remove the whip
Who Persuades:
 VP
 EXOP (Office of
Legislative Affairs)
 Party Leadership
 Interest Groups
Neustadt:
Presidential Power is the Power to
Persuade

134. The President Persuades
Sometimes the Presidents wades into the
persuasion personally
Phone Calls
Budget Vote 1993 Clinton rang Marjorie Margolies
Mezvinsky to get her to cast her vote
Support Legislation
Campaign in District
Only if Popular!!!!

135. Vice President of the United States

136. Vice President
First Vice President’s were the people who came second
in a Presidential Race
The role as moved on since its formation in the early
days

137. Modern VP Candidates
VPs chosen through a Joint
Ticket System
A balance ticket is often
crucial in elections
Balance can be in the form
of Experience, Ideology, Age,
Region.
Are race and gender now
important as well?

138. Enumerated Powers of the VP
Presiding Officer of the Senate
• Votes in Senate Deadlocks
• Cheney voted to protect Bush's $1.6bn tax cut
Announces Electoral College Votes
• January 2001 – Al Gore announces his own defeat
First in line of Succession
• If President dies, resigns or is removed from office
• Has happened a total of 9 times
Acting President
• 25th Amendment: Cheney was President for 2 hours whilst Bush
was sedated

139. However... Powers have Increased
Since Eisenhower the Vice Presidency
has been a breeding ground for
Presidents
Many distinguished politicians battle for
the role
– Bush Senior, Joe Biden
Presidents give VP more responsibility
and some become advisors
VPs now see daily intelligence briefings
and all have an office in the West Wing

140. Additional Powers
VPs are now a major
spokesperson for the
administration
– Gore: Environment
– Cheney: Foreign Policy
The VP is a major
fundraiser
VPs can play the
‘Washington Insider’
guiding POTUS

141. Cheney as Vice President
Portfolio Contained the
Iron Issues
 Economic Issues
 Security Issues
 Energy Issues
 Party Caucus
The Most Powerful Vice
President in History The President and I have a different
understanding

142. Biden as Vice President
Less powerful relatively
than Cheney
Focus on Foreign Policy
Washington Insider
 Senate Judiciary
Committee
 36 years as a Senator He was the Second poorest member of
Congress

143. The US Cabinet
15 Heads of Department
+ Vice President
+ Director of OMB
No constitutional
requirement
State
John Kerry
Treasury
Jack Lew
Defense
Chuck Hagel
Attorney General
Eric Holder
The advisory group selected by the President to aid him in making decisions and
coordinating the work of the Federal Government. Membership is at the pleasure of
the President

144. Frequency of Meetings
Varies between President to
President.
Reagan in his first year held 36
Meetings
Meeting number tends to
decline towards an election
year as election demands eat
into his time
George W Bush’s Meetings
Year Frequency
2001 9
2002 5
2003 8
2004 6
2005 5
2006 6
2007 4
2008 5
2009 1

145. Functions of the Cabinet
For the President
Team Spirit
Consensual
Information
Gathering
Debate
Big Picture
See all
Departments

146. Functions of the Cabinet
For the Cabinet
Get to know
Resolve
Disputes
Contact
Points
Catch the
President
Increased
Standing

147. Cabinet Synoptic Links
UK:
Cabinet members sit in the legislature
Cabinet posts are part of the PM’s
powers of Patronage
MPs want to be in Cabinet
Collective Ministerial Responsibility
USA:
Cabinet members must only be in the
executive
Not a reward, more of a final posting
before retirement
No Collective Ministerial Responsibility

148. Federal Bureaucracy
Similar to the UK Civil
Service the Federal
Bureaucracy is the back
bone of the US
Government.
They carry out policy and
work out the finer details
of the bills passed by
Congress
2.7million
employees
$13.8 billion
payroll
11% of
employees in
DC
Roughly 900
Departments
Unelected, Administrative Body in the Executive Branch, set out into departments
agencies and commissions. They carry out policy on a day to day basis.

149. Federal Bureaucracy
Executive
Departments
Department
of the
Treasury
Executive
Agencies
Federal
Bureau of
Investigation
Independent
Regulatory
Commissions
Federal
Election
Commission
Government
Corporations
United States
Postal Service

150. Problems with the Bureaucracy
Clientelism
• Agencies serve the interests of those the are supposed to be overseeing
• Lap Dogs rather than Watchdogs
Imperialism
• Agencies seek to expand their own power at the expense of other
agencies
• Turf Battles
Incrementalism
• Agencies may act slowly and cautiously, with a nature to resist change
• Argument very similar to the UK Civil Service

151. Iron Triangles
Strong relationship between
three political bodies
• Interest Groups
• Congressional
Committees
• Agency
Generally considered as
having a negative impact on
policy

152. Iron Triangles Example
Department of
Defense
Defense
Committees
Defense
Contractor
Favours and Less Regulation
Support Dept.

153. Executive Office of the President

154. Executive Office of the President
Formed in 1939 as a result
of the Brownlow
Committee
“The President
Needs Help”
Expansion of Federal
Government
Top staff agencies in the White House that give the president
advice and support in his role. It focuses on coordination,
personnel management and advice giving

155. Executive Office of the President
Office of
Management and
Budget
National Security
Council
White House Office
(The West Wing)

156. White House Office
Most trusted advisors and aides
Chief of
Staff
Press
Secretary
Director of
Communications
Cabinet
Secretary

157. White House Office
 Liaison between President and Federal
Bureaucracy and Cabinet
 Liaison between President and Congress
 Screening of Telephone calls
 Screening of Documents
 Advisory Role
 Draw up Presidential Schedule
 ‘Lightening Conductors’

158. Remember this is just the Public Schedule,
WHO will create a more private one

159. White House Office Staff
President chooses them
‘Honest Brokers’
Staff should be following the Presidents Agenda,
Not their own, like Sununu may have been
Should not be in the media spotlight

160. The Chief of Staff
Head of EXOP
Most Crucial Role
‘Deputy President’
Gate Keeper to the Oval
Protect the interests of the President and advise
him accordingly
A Chief of Staff’s power is will depend on how
strong they are
Denis McDonough

161. The Chief of Staff
Bob Halderman
• Richard Nixon
John Sununu
• George H W Bush
Mack Mclarty
• William J Clinton
Leon Panetta
• William J Clinton
Andrew Card
• George W Bush
Rahm Emanuel
• Barack Obama

162. Office of Management and Budget
Created by Nixon in 1970
Oversees the spending by all
Federal departments and
agencies
Advises the President on the
allocation of Federal Funds
Director is the only Senate
confirmed position within
EXOP.

163. National Security Council
Headed by National Security
Advisor
Nixon politicised the way in
which worked, running
Foreign Policy through
Kissinger from the West
Wing
Clinton returned it to its
honest broker role

164. EXOP v Cabinet
From EXOP Perspective
 Regard Cabinet as too
distant and disloyal
from the President
From Cabinet Perspective
 See EXOP as too close
and too loyal to the
President
Large rivalries existed during the
Nixon Years as EXOP ran Foreign
Policy with Henry Kissinger as
National Security Advisor instead of
the State Department

165. Why?

166. Why?
US State
Department
White House
1.7 Mile Journey between the two
NSA – 30 seconds from the Oval

167. An Imperial President?
Term Originates from the
1970s by Schlesinger
Focuses on abuse of
power by Johnson and
Nixon
EXOP becomes the Court
of an Emperor

168. Why?
Executive branch dominates over the other
branches
Presidents craft Foreign Policy as Commander in
Chief and use the vagueness of the Constitution
to go to War
Johnson and Nixon personified this

169. Evidence
1964 Gulf of Tonkin Resolution giving Johnson a
‘blank cheque’ for Vietnam War
Nixon – Wire tapping, bombing of Laos and
Cambodia, executive privilege claims

170. Imperilled Presidency
However it can be imperilled
President Ford is a good example
• Lack of Party leadership in Congress
• Unable to control Federal Bureaucracy
A principal weakness in the presidency is
the inability of the White House to
maintain control over the large federal
bureaucracy.
G . Ford

171. ‘Bifurcated’ presidency
It can be argued that the presidency is almost like
two separate roles, with different levels of power:
• Foreign policy – almost unchecked power
• Domestic policy – hugely constrained by
Congress
• So is Congress ‘too effective’ a check and balance
domestically, yet too weak on foreign issues?
Clinton was easily able to send troops to
Bosnia and Kosovo, whilst he couldn’t pass
his healthcare bill

172. However!
There are contrasting examples
too;
• Foreign policy – Congress dried
up funds for the Vietnam conflict
under Ford (power of the purse)
• Domestic policy – FDR was able
to pass much legislation in the
1930s (New Deal), as was
Johnson (Great Society)

173. George W Bush
Yes No
Presidential Authority – Only response in
War on Terror
Congress refuses to extend Patriot Act
Many in Administration saw Congress as
below the White House in National
Defence
Passing of Anti Terror Legislation (Patriot
Act)

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 be
imperial

175. Exam success is
not a lottery!
Know your
terms
Know the
Articles
Know the
Examples

176. Answer the question, the whole
question and nothing but the
question

177. Good Luck
Monday 10th June
09:00