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Senatorial courtesy
process by which presidents, when selecting district court judges, defer to the senator in whose state the vacancy occurs
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Removal of a President: Impeachment
- •Removal is the ultimate check on the president.
- •The House conducts the investigation and drafts Articles of Impeachment for “treason, bribery, or high crimes and misdemeanors.”
- •The Senate tries the case with the Chief Justice of the Supreme Court presiding.
- •If two-thirds of the Senate votes for the Articles, the president is removed from office.
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Executive Privilege
Assertion of presidential power
The belief that the president can withhold information requested in matters related to his office
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U.S. v. Nixon
Supreme Court ruled that there is no constitutional absolute executive privilege that would allow a president to refuse to comply with a court order to produce information needed in a criminal trial
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Congress passed the Presidential Succession Act of 1947 that stated the order of succession after the Vice President
- –Speaker of the House
- –President Pro Tempore of the Senate
- –Secretary of State, Treasury, Defense, and other Cabinet heads in order of the creation of their department
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The Twenty-Second Amendment
- -limits presidents to two four-year terms or a total of ten years in office
- -Vice president who succeeds is eligible for maximum of 10 years
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Twenty-Fifth Amendment adopted in 1967 to set procedures for...
- –filling vacancies in the office of president and vice president, approved by Congress
- –procedures to deal with the disability of a president
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The Vice President
- •Primary job: to assume office if the president dies or is incapacitated
- •Only formal duty is to preside over the Senate or to break tie votes in the Senate
- •Historically, the office has had little power and often VPs have low profiles
-
A vice president is chosen for a number of reasons
- –geographical balance
- –to bring party back together at convention
- –achieve social and cultural balance on the ticket
- –VPs can also be used to overcome candidate shortcomings
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The Constitutional Powers of the President
- •Article II; most important grant of power to president but short
- •The president received certain enumerated powers in the Constitution
- •“the executive power shall be vested in a President of the United States of America”
- •The executive power clause
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The executive power clause
basis for allowing president to exceed list of enumerated powers in Article II
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Executive Agreements
- •rests primarily on presidents constitutional authority as commander in chief
- •cover issues such as trade, war reparations, nuclear energy
- •published in Treaties and Other International Agreements
- •not binding on subsequent administrations
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Executive Order
- –A rule or regulation issued by president that has effect of law
- –All must be published in Federal Register
- –Used by presidents to make and shape policy without legislative approval
-
Executive Orders (EO) have Two Main Functions
- –Modify how an executive branch dept./agency does its job (rule change)
- –Modify existing law. Can help clarify or implement legislation enacted by Congress
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Source of Authority for Executive Orders
- –(Article II, Section 1) grants President “executive powers.”
- –(Article II, Section 3) directs President to “take care that laws are faithfully executed”
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Executive Orders regarding Checks/Balances
- –Subject to judicial review; can be declared unconstitutional
- –Congress can override an EO by passing new legislation
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Today, president has numerous advisors to help make policy and fulfill the duties of chief executive
- –The Cabinet
- –The Executive Office of President (EOP)
- –White House Staff
- –The First Lady
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The Cabinet
- •consists of heads of major bureaucratic departments (State, Defense, Treasury, etc.)
- •major function is to help president execute laws and assist him in making decisions
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Most presidents now rely on an inner circle of advisors rather than the Cabinet because of...
of congressional oversight of departments and interest group pressures
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What are the Presidential Powers?
- •Appointments
- •Power to meet with Congress
- •Power to Make Treaties
- •use executive agreements more than treaties but cannot violate Constitutional provisions
- •Veto Power
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The power and success of the presidency is dependent upon...
- –Personality of person holding office
- –Leadership abilities
- –Powers of persuasion
- –Ability to mobilize public opinion to support his actions
- –Public perception of his performance
- –timing of events…events often shape a presidency
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Who was the first President to issue an executive order?
George Washington
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In recent years, approximately how many executive orders are issued annually?
58
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What is one of the most recent Executive Orders Signed by President Obama?
cybersecurity push
gun control
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How did presidential power develop and expand?
Washington: Established power of national government, claimed inherent power of presidency, helped establish Cabinet system
Lincoln: Suspended writ of habeas corpus, expanded size of army above Congress’s mandates
Roosevelt: claimed leadership and agenda-setting power for president, shifted president’s powers into a law
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Who was voted Best President in the 2009 C-SPAN Survey?
Lincoln, embody nation’s core values: persistence in pursuit of honorable goals, respect for human rights, etc
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Who was voted Worst President in the 2009 C-SPAN Survey?
Buchanan: He refused to challenge either spread of slavery or growing block of states that became the Confederacy
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2009 C-SPAN Survey (Best and Worst Presidents)
Grading criteria were abilities of public persuasion, leadership in times of crisis, eye on equality, moral authority
those who collect near bottom are perceived as having failed to uphold those values
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cloture
mechanism requiring vote of 60 senators to cut off debate
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stare decisis
a reliance on past decisions or precedents to formulate decisions in new cases
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patronage
jobs, grants, or other special favors that are given as rewards to friends and allies for their support
-
powers that are "necessary and proper" are stated in...
Article I, Section 8
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filibuster
formal way of halting Senate action on a bill by means of long speeches or unlimited debate
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gerrymandering
drawing of congressional districts to produce electoral outcome without regard to shape of district
-
majority leader
head of party controlling most seats in House or Senate; 2nd in authority of Speaker of House
-
minority party
head of party with 2nd highest number of elected presidents in House or Senate
-
pork barrel
legislation allowing representatives to bring money to their districts in form of public work programs or other programs
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President Pro Tempore
official chair of Senate; usually most senior member of majority party
-
Hold
procedure by which senator asks to be informed before particular bill is brought to floor
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pardon
executive grant providing restoration of all rights of citizenship to specific individual charged of crime
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veto power
resides in president, to reject bills passed by both houses of Congress
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pocket veto
if Congress delays after 10 days, president has to consider bill passed by both houses
without president signature
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amicus curaie
"friend of court", may list briefs or appear to argue their interests orally before court
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habeas court
"you have the body", requiring that prisoner be brought before court to determine whether government has right to continue detaining them
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solicitor general
4th-ranking member of Depart. of Justice; responsible for handling nearly all appeals on behalf of US gov't to Supreme Court
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Incumbency Advantage
- 1. presidents already known in political spectrum
- 2. no trouble running & funding their campaigns
- 3. have safe seats due to experience & sometimes district advantage
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Youngstown Steel & Tube v. Sawyer
Supreme Court decision that limited power of President to seize private property
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U.S. Term Limits v. Thornton
SC ruled that states can't impose qualifications for members of Congress stricter than those specified in Constitution
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Amendment 12
provides procedure for electing President and Vice President
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The Marshall Court
•Marshall joined Supreme Court in 1801 as Chief Justice.
•Boldly asserted judicial branch’s authority and judicial rights
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Among Marshall’s reforms in the Marshall Court
–Delivery of single court decision rather than opinions of individual justices
–Established principle of Judicial Review in Marbury v. Madison in 1803
–Decided cases that assured that Court was final arbiter of constitutionality (McCullough v. Maryland 1819 and Gibbons v. Ogden 1824)
–Enforced authority of SC to declare state laws unconstitutional
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Marbury v. Madison
Chief Justice Marshall used case about Marbury’s appointment to government post to claim a major power for Supreme Court
•since Constitution is “supreme,” any law that is “repugnant to the Constitution is void”
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Judicial Review
•power of court to decide if law or other legal issue defy the Constitution, and then overturn it
•not mentioned in Constitution
•established by Marshall Court
•has been used more frequently to invalidate acts of state legislatures
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The Federal Court System
Constitutional & Legislative Courts
-
Constitutional courts
created by U.S. Constitution or Congress pursuant to its authority in Article III
-
Legislative courts
established by Congress for specialized purposes, such as Court of Military Appeals and Veterans Appeals
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Original Jurisdiction
–Hears all cases arising under Constitution, laws of U.S., and any treaties
–Cases involving: two or more states, Maritime issues, U.S. is a party to the case
–4% of the Supreme Court’s caseload
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Appellate Jurisdiction
–Hears cases already heard by highest state court, U.S. Court of Appeals, regulatory commissions, legislatives courts
–96% of the Supreme Court’s caseload
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Writ of Certiorari
petitions from parties seeking review of their cases (2/3rds of the cases)
-
There are three main types of written opinions from the Supreme Court
Majority Opinion, Concurring Opinion, and Dissenting Opinion
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Majority Opinion
Opinion written by one member of Court that reflects views of at least majority of justices
sets out legal reasoning justifying decision, and becomes precedent for deciding future cases
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Concurring Opinion
Opinion written by justice who agrees with outcomes of cases but not with legal rational for decision
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Dissenting Opinion
Opinion written by one or more justices who disagree with opinion of majority of Court
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How Federal Court Judges Are Selected
•Judges are nominated by President and confirmed by Senate
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Nomination Criteria
-No constitutional qualifications
-Ideology/Policy Preferences, rewards
-Pursuit of Political Support
-Religion, race and gender
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Judicial Restraint
encourages minimalist roles for judges
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Judicial Activism
feels that judges should use law to promote justice, equality, and personal liberty
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Precedent
Prior judicial decisions serve as a rule for settling later cases of similar nature
-
Petitions before Supreme Court must meet the following criteria
–Cases must have exhausted all lower court review
–Cases must involve a federal question
–Court must present issues of importance beyond the particular facts and parties involved
-
Steps in Petitioning the Court
–Petition for a writ of certiorari
–Certiorari granted on vote of 4 of Justices
–only considers matters of constitutional importance
–If Court refuses to grant certiorari; the decision stands unchanged
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Tasks of a Supreme Court clerk including the following
–Perform initial screening of around 9,000 petitions that come to Court each term
–Draft memos to summarize facts and issues in each case
–Write a “bench memo” for oral argument
–Write first draft of an opinion
–Be informal conduit for communicating and negotiating between other justices’ chambers
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SUPREME COURT’S SCREENING PROCESS of petitions and cases
•clerks select few petitions worthy of consideration
•Friday Conference (weekly), secret
•Discussion in order with Chief first. 4 must agree to hear case
•petition accepted, oral arguments scheduled
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SUPREME COURT’S PROCEDURES During Court
•2/3rds of justices must be present in Court
•Argument given by one lawyer on each side before all vote
•Majority opinion speaks for final decision of Court
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The Supreme Court consists of...
•the Chief Justice and eight Associate Justices
- •Appointed to serve for life, removed only by resignation
•Courts jurisdiction is universal, but subject to limitation of acts of Congress
-
Types of cases Supreme Court was given the original jurisdiction to hear
•arising under Constitution and laws
•Controversies between a state and citizens of another state
•Controversies btwn 2 or more states
•Controversies btwn citizens of different states
•All cases affecting ambassadors or other public ministers
-
Alexander Hamilton wrote in Federalist Paper # 78 about the judiciary that...
-the court cannot force compliance with its rulings nor fund programs
-least dangerous branch of government
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Supreme Court Overview: Cases to be Reviewed
•About 9,000 requests, hears only 75-95 yearly, 2 to 6 only original jurisdiction cases
•Reviews cases from lower courts
•Final interpreter of Constitution
•Decides cases of tremendous policy significance
•Ensures uniformity of interpretation for national laws
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Chief Justice of the United States
–No hierarchy; among equals
–have same duties as Associates along with several unique duties
-
Unique Duties of Chief Justice
- •Impeachment Trials and Seniority
- •Sets agenda for weekly meetings where Justices decide whether to hear or deny each case
- •Usually senior Justice in majority decides who will write Opinion of Court
- •Head of Judicial Conference of U.S.
- •Appoints members of U.S. Foreign Intelligence Surveillance Court
-
Seniority (duties of Chief Justice)
•Justice with most independent of number of years he/she has served
•regulates weekly conference where cases are discussed and voted on by Justices
-
Oath of Office (Chief Justice)
Administers oath of office at inauguration of the President
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U.S. Foreign Intelligence Surveillance Court
oversees requests for surveillance warrants by federal police agencies
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How the Justices Vote
Legal Factors
- •Judicial Philosophy (Judicial Restraint and Judicial Activism)
- •Precedent
Extra-Legal Factors
- •Behavioral Characteristics
- •Ideology
- •The Attitudinal Model
- •Public Opinion
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Behavioral Characteristics
- -personal experiences of justices affect how they vote
- -early poverty, job experience, friends, and relatives all affect how decisions are made
-
Ideology
Ideological beliefs influence justices’ voting patterns
-
The Attitudinal Model
A justice’s attitudes affect voting behavior
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Cases come before the Supreme Court in two ways
Writ of Certiorari and In forma pauperis
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How is Congress Organized in General?
- •Every 2 years, new Congress is seated
- •First is election of leaders and adoption of new rules
- •Both houses organized on basis of party for both leadership & committee purposes
-
How is Congress organized with House of Representatives? (speaker of the House)
- –Only House officer mentioned in Constitution
- –Member of majority party
- –2nd in line of presidential succession (after vice president)
- –Connection with president & promotes parties’ legislation through Congress
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How is Congress organized with House of Representatives? (Majority and Minority Leaders)
–Elected by their own parties in party caucuses
-
Standing Committee
- -Coordinate party strategy and try to keep their parties united
- -Leadership positions have few specific powers, so positions require skill, intelligence, personality, and ability to compromise
-
Key Differences in Responsibilities of House of Representatives
- •Initiates revenue bills
- •Draws up impeachment charges
- •Deals with tax policy
- •Chooses President if no candidate wins electoral majority
-
Key Differences in Responsibilities of Senate
- •Consents on treaties & appointments
- •Tries impeachment cases
- •Deals with foreign policy
- •Chooses VP if no candidate wins electoral majority
-
Key Differences in Operations of House and Senate
- HOUSE
- •More formal
- •Centralized
- •Stronger leadership
- •Rules Committee –(control over time and rules)
- •Impersonal
- •Members highly specialized
- SENATE
- •Less formal
- •Less centralized
- •Weaker leadership
- •Filibuster –(limited only by cloture vote)
- •More personal
- •Generalists
-
What is the term of the Senate?
6 years
-
Why is the term of the Senate longer?
-so it can deal with more weighty issues that may not appeal to people such as foreign policy
-To insure that statesmen served in Senate
-
What is the term of the House of Representative?
2 years
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House of Representative members represent...
districts within states; thus closer & more responsive to people
-
The formal requirements for membership in Senate are...
- –30 years old
- –nine years a U.S. resident
- –legal resident of their state
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The formal requirements for membership in House of Representative are...
- –25 years old
- –seven years a U.S. resident
- –legal resident of their state
-
In 1913, Amendment 17 was added to the Constitution; it provided...
for direct election of senators
-
The Constitution requires that all Americans be counted every how many years by a census
10 years
-
The census determines the representation in
the House of Representatives
-
Committees are
- –controlled by majority party & set congressional agenda
- –highly specialized & have staffs of their own
-
Different Types of Congressional Committees
- •Standing Committee
- •Joint Committee
- •Conference Committee
- •Ad Hoc, Special, or Select Committees
-
Joint Committee
set up to expedite business between 2 houses
-
Conference Committee
special joint committees that resolve differences in bills passed by either house
-
Ad Hoc, Special, or Select Committees
temporary committees designed for specific purpose
-
Why does a member of Congress seek a particular committee?
- –Interest or expertise in the area
- –subject matter will help them get reelected
- –Access to pork barrel
- –Support & defend interests vital to district or state
-
What are the powers of the Committee Chairs
- –Authorized to select all subcommittee chairs
- –Can kill a bill by not scheduling hearings on it
- –Have staff at their disposal
-
Article V creates a two-stage process for amending the Constitution
proposal and ratification
-
proposal and ratification
- •An amendment can be proposed by 2/3 of both houses of Congress or by 2/3 of state legislatures requesting Congress to call a national convention to propose amendments
- •An amendment can be ratified by favorable vote in 3/4 of all state legislatures
-
Congress retains several key powers vis-a-vis the president
- –funding powers
- –oversight
- –appointments
- –impeachment/removal
-
Congressional Oversight of the Executive Branch
- •Congress has power to review actions of Executive Branch
- •Important to ensure that bureaucracy is enforcing and interpreting laws the way Congress intended
-
How does the Constitution divided foreign policy powers between the president and Congress?
PRESIDENT can wage war and negotiate treaties whereas CONGRESS declares war and SENATE ratifies treaties
-
In 1973, Congress passed the War Powers Act, which was...
requiring president to get congressional approval before sending troops abroad
to notify Congress within 48 hours of any foreign troop deployment
AND must withdraw troops within 60 days unless Congress declares war
-
Was the War Powers Act from Congress effective? Why or Why not?
No, unconstitutional and impractical
Believe that it restricts authority granted by Constitution to President as Commander in Chief
-
Senate president
- –Selected by majority party
- –Presides in lieu of vice president
- –3rd in line of presidential succession
- –Usually senior senator of majority party
- -True leader is majority leader, not as powerful as Speaker of House
-
Majority and Minority Whips
–Mainly responsible for counting heads and rounding-up party members for votes
-
Impeachment and Removal
- •ULTIMATE congressional oversight of president and federal court judges
- •Constitution explains what constitutes impeachable offense: “bribery, treason, high crimes, and misdemeanors”
- •Rarely used; no hard & fast rules
-
What is redistricting?
redrawing of congressional districts to reflect changes in seats allocated to states from population shifts
done by state legislatures and always has political overtones
-
What are some of the important results of the 2010 census?
- -West & South continue growth pattern, more seats in Congress since 1940
- -32 states keep same number of seats
- -first time CA did not gain a seat in Congress
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Demographic Makeup of Congress
- -Members tend to be better educated, richer, average age 61 (Senators) and 58 (House), with relatives
- -Congress is older, better educated, male, whiter, and richer than most of us
- -changing sexual & racial composition of Congress
-
What happened to many incumbents in the 2010 midterm elections?
Many retired, 9 Democrats that survived but were defeated against Republicans
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