POLITICS

process by which presidents, when selecting district court judges, defer to the senator in whose state the vacancy occurs

• •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.

Assertion of presidential power

The belief that the president can withhold information requested in matters related to his office

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

• –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

• -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

• –filling vacancies in the office of president and vice president, approved by Congress
• –procedures to deal with the disability of a 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

• –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

• •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

basis for allowing president to exceed list of enumerated powers in Article II

• •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

• –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

• –Modify how an executive branch dept./agency does its job (rule change)
• –Modify existing law. Can help clarify or implement legislation enacted by Congress

• –(Article II, Section 1) grants President “executive powers.”
• –(Article II, Section 3) directs President to “take care that laws are faithfully executed”

• –Subject to judicial review; can be declared unconstitutional
• –Congress can override an EO by passing new legislation

• –The Cabinet
• –The Executive Office of President (EOP)
• –White House Staff
• –The First Lady

• •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

of congressional oversight of departments and interest group pressures

• •Appointments
• •Power to meet with Congress
• •Power to Make Treaties
• •use executive agreements more than treaties but cannot violate Constitutional provisions
• •Veto Power

• –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

George Washington

58

cybersecurity push

gun control

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

Lincoln, embody nation’s core values: persistence in pursuit of honorable goals, respect for human rights, etc

Buchanan: He refused to challenge either spread of slavery or growing block of states that became the Confederacy

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

mechanism requiring vote of 60 senators to cut off debate

a reliance on past decisions or precedents to formulate decisions in new cases

jobs, grants, or other special favors that are given as rewards to friends and allies for their support

Article I, Section 8

formal way of halting Senate action on a bill by means of long speeches or unlimited debate

drawing of congressional districts to produce electoral outcome without regard to shape of district

head of party controlling most seats in House or Senate; 2nd in authority of Speaker of House

head of party with 2nd highest number of elected presidents in House or Senate

legislation allowing representatives to bring money to their districts in form of public work programs or other programs

official chair of Senate; usually most senior member of majority party

procedure by which senator asks to be informed before particular bill is brought to floor

executive grant providing restoration of all rights of citizenship to specific individual charged of crime

resides in president, to reject bills passed by both houses of Congress

if Congress delays after 10 days, president has to consider bill passed by both houses

without president signature

"friend of court", may list briefs or appear to argue their interests orally before court

"you have the body", requiring that prisoner be brought before court to determine whether government has right to continue detaining them

4th-ranking member of Depart. of Justice; responsible for handling nearly all appeals on behalf of US gov't to Supreme Court

• 1. presidents already known in political spectrum
• 2. no trouble running & funding their campaigns
• 3. have safe seats due to experience & sometimes district advantage

Supreme Court decision that limited power of President to seize private property

SC ruled that states can't impose qualifications for members of Congress stricter than those specified in Constitution

provides procedure for electing President and Vice President

•Marshall joined Supreme Court in 1801 as Chief Justice.

•Boldly asserted judicial branch’s authority and judicial rights

–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

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”

•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

Constitutional & Legislative Courts

created by U.S. Constitution or Congress pursuant to its authority in Article III

established by Congress for specialized purposes, such as Court of Military Appeals and Veterans Appeals

–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

–Hears cases already heard by highest state court, U.S. Court of Appeals, regulatory commissions, legislatives courts

–96% of the Supreme Court’s caseload

petitions from parties seeking review of their cases (2/3rds of the cases)

Majority Opinion, Concurring Opinion, and Dissenting 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

Opinion written by justice who agrees with outcomes of cases but not with legal rational for decision

Opinion written by one or more justices who disagree with opinion of majority of Court

•Judges are nominated by President and confirmed by Senate

-No constitutional qualifications

-Ideology/Policy Preferences, rewards

-Pursuit of Political Support

-Religion, race and gender

encourages minimalist roles for judges

feels that judges should use law to promote justice, equality, and personal liberty

Prior judicial decisions serve as a rule for settling later cases of similar nature

–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

–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

–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

•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

•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

•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

•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

-the court cannot force compliance with its rulings nor fund programs

-least dangerous branch of government

•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

–No hierarchy; among equals

–have same duties as Associates along with several unique duties

• •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

•Justice with most independent of number of years he/she has served

•regulates weekly conference where cases are discussed and voted on by Justices

Administers oath of office at inauguration of the President

oversees requests for surveillance warrants by federal police agencies

Legal Factors

• •Judicial Philosophy (Judicial Restraint and Judicial Activism)
• •Precedent

Extra-Legal Factors

• •Behavioral Characteristics
• •Ideology
• •The Attitudinal Model
• •Public Opinion

• -personal experiences of justices affect how they vote
• -early poverty, job experience, friends, and relatives all affect how decisions are made

Ideological beliefs influence justices’ voting patterns

A justice’s attitudes affect voting behavior

Writ of Certiorari and In forma pauperis

• •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

• –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

–Elected by their own parties in party caucuses

• -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

• •Initiates revenue bills
• •Draws up impeachment charges
• •Deals with tax policy
• •Chooses President if no candidate wins electoral majority

• •Consents on treaties & appointments
• •Tries impeachment cases
• •Deals with foreign policy
• •Chooses VP if no candidate wins electoral majority

• 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

6 years

-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

2 years

districts within states; thus closer & more responsive to people

• –30 years old
• –nine years a U.S. resident
• –legal resident of their state

• –25 years old
• –seven years a U.S. resident
• –legal resident of their state

for direct election of senators

10 years

the House of Representatives

• –controlled by majority party & set congressional agenda
• –highly specialized & have staffs of their own

• •Standing Committee
• •Joint Committee
• •Conference Committee
• •Ad Hoc, Special, or Select Committees

set up to expedite business between 2 houses

special joint committees that resolve differences in bills passed by either house

temporary committees designed for specific purpose

• –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

• –Authorized to select all subcommittee chairs
• –Can kill a bill by not scheduling hearings on it
• –Have staff at their disposal

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

• –funding powers
• –oversight
• –appointments
• –impeachment/removal

• •Congress has power to review actions of Executive Branch
• •Important to ensure that bureaucracy is enforcing and interpreting laws the way Congress intended

PRESIDENT can wage war and negotiate treaties whereas CONGRESS declares war and SENATE ratifies treaties

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

No, unconstitutional and impractical

Believe that it restricts authority granted by Constitution to President as Commander in Chief

• –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

–Mainly responsible for counting heads and rounding-up party members for votes

• •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

redrawing of congressional districts to reflect changes in seats allocated to states from population shifts

done by state legislatures and always has political overtones

• -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

• -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

Many retired, 9 Democrats that survived but were defeated against Republicans