1. Senatorial courtesy
    process by which presidents, when selecting district court judges, defer to the senator in whose state the vacancy occurs
  2. 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.
  3. Executive Privilege
    Assertion of presidential power

    The belief that the president can withhold information requested in matters related to his office
  4. 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
  5. 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
  6. 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
  7. 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
  8. 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
  9. 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
  10. 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
  11. The executive power clause
    basis for allowing president to exceed list of enumerated powers in Article II
  12. 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
  13. 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
  14. 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
  15. 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”
  16. Executive Orders regarding Checks/Balances
    • –Subject to judicial review; can be declared unconstitutional
    • –Congress can override an EO by passing new legislation
  17. 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
  18. 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
  19. 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
  20. 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
  21. 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
  22. Who was the first President to issue an executive order?
    George Washington
  23. In recent years, approximately how many executive orders are issued annually?
  24. What is one of the most recent Executive Orders Signed by President Obama?
    cybersecurity push

    gun control
  25. 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
  26. 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
  27. 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
  28. 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
  29. cloture
    mechanism requiring vote of 60 senators to cut off debate
  30. stare decisis
    a reliance on past decisions or precedents to formulate decisions in new cases
  31. patronage
    jobs, grants, or other special favors that are given as rewards to friends and allies for their support
  32. powers that are "necessary and proper" are stated in...
    Article I, Section 8
  33. filibuster
    formal way of halting Senate action on a bill by means of long speeches or unlimited debate
  34. gerrymandering
    drawing of congressional districts to produce electoral outcome without regard to shape of district
  35. majority leader
    head of party controlling most seats in House or Senate; 2nd in authority of Speaker of House
  36. minority party
    head of party with 2nd highest number of elected presidents in House or Senate
  37. pork barrel
    legislation allowing representatives to bring money to their districts in form of public work programs or other programs
  38. President Pro Tempore
    official chair of Senate; usually most senior member of majority party
  39. Hold
    procedure by which senator asks to be informed before particular bill is brought to floor
  40. pardon
    executive grant providing restoration of all rights of citizenship to specific individual charged of crime
  41. veto power
    resides in president, to reject bills passed by both houses of Congress
  42. pocket veto
    if Congress delays after 10 days, president has to consider bill passed by both houses

    without president signature
  43. amicus curaie
    "friend of court", may list briefs or appear to argue their interests orally before court
  44. habeas court
    "you have the body", requiring that prisoner be brought before court to determine whether government has right to continue detaining them
  45. solicitor general
    4th-ranking member of Depart. of Justice; responsible for handling nearly all appeals on behalf of US gov't to Supreme Court
  46. 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
  47. Youngstown Steel & Tube v. Sawyer
    Supreme Court decision that limited power of President to seize private property
  48. U.S. Term Limits v. Thornton
    SC ruled that states can't impose qualifications for members of Congress stricter than those specified in Constitution
  49. Amendment 12
    provides procedure for electing President and Vice President
  50. The Marshall Court
    •Marshall joined Supreme Court in 1801 as Chief Justice.

    •Boldly asserted judicial branch’s authority and judicial rights
  51. 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
  52. 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”
  53. 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
  54. The Federal Court System
    Constitutional & Legislative Courts
  55. Constitutional courts
    created by U.S. Constitution or Congress pursuant to its authority in Article III
  56. Legislative courts
    established by Congress for specialized purposes, such as Court of Military Appeals and Veterans Appeals
  57. 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
  58. 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
  59. Writ of Certiorari
    petitions from parties seeking review of their cases (2/3rds of the cases)
  60. There are three main types of written opinions from the Supreme Court
    Majority Opinion, Concurring Opinion, and Dissenting Opinion
  61. 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
  62. Concurring Opinion
    Opinion written by justice who agrees with outcomes of cases but not with legal rational for decision
  63. Dissenting Opinion
    Opinion written by one or more justices who disagree with opinion of majority of Court
  64. How Federal Court Judges Are Selected
    •Judges are nominated by President and confirmed by Senate
  65. Nomination Criteria
    -No constitutional qualifications

    -Ideology/Policy Preferences, rewards

    -Pursuit of Political Support

    -Religion, race and gender
  66. Judicial Restraint
    encourages minimalist roles for judges
  67. Judicial Activism
    feels that judges should use law to promote justice, equality, and personal liberty
  68. Precedent
    Prior judicial decisions serve as a rule for settling later cases of similar nature
  69. 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
  70. 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
  71. 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
  72. 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
    •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
  74. 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
  75. 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
  76. 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
  77. 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
  78. Chief Justice of the United States
    –No hierarchy; among equals

    –have same duties as Associates along with several unique duties
  79. 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
  80. 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
  81. Oath of Office (Chief Justice)
    Administers oath of office at inauguration of the President
  82. U.S. Foreign Intelligence Surveillance Court
    oversees requests for surveillance warrants by federal police agencies
  83. 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
  84. Behavioral Characteristics
    • -personal experiences of justices affect how they vote
    • -early poverty, job experience, friends, and relatives all affect how decisions are made
  85. Ideology
    Ideological beliefs influence justices’ voting patterns
  86. The Attitudinal Model
    A justice’s attitudes affect voting behavior
  87. Cases come before the Supreme Court in two ways
    Writ of Certiorari and In forma pauperis
  88. 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
  89. 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
  90. How is Congress organized with House of Representatives? (Majority and Minority Leaders)
    –Elected by their own parties in party caucuses
  91. 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
  92. 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
  93. 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
  94. 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
  95. What is the term of the Senate?
    6 years
  96. 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
  97. What is the term of the House of Representative?
    2 years
  98. House of Representative members represent...
    districts within states; thus closer & more responsive to people
  99. The formal requirements for membership in Senate are...
    • –30 years old
    • –nine years a U.S. resident
    • –legal resident of their state
  100. The formal requirements for membership in House of Representative are...
    • –25 years old
    • –seven years a U.S. resident
    • –legal resident of their state
  101. In 1913, Amendment 17 was added to the Constitution; it provided...
    for direct election of senators
  102. The Constitution requires that all Americans be counted every how many years by a census
    10 years
  103. The census determines the representation in
    the House of Representatives
  104. Committees are
    • –controlled by majority party & set congressional agenda
    • –highly specialized & have staffs of their own
  105. Different Types of Congressional Committees
    • •Standing Committee
    • •Joint Committee
    • •Conference Committee
    • •Ad Hoc, Special, or Select Committees
  106. Joint Committee
    set up to expedite business between 2 houses
  107. Conference Committee
    special joint committees that resolve differences in bills passed by either house
  108. Ad Hoc, Special, or Select Committees
    temporary committees designed for specific purpose
  109. 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
  110. 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
  111. Article V creates a two-stage process for amending the Constitution
    proposal and ratification
  112. 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
  113. Congress retains several key powers vis-a-vis the president
    • –funding powers
    • –oversight
    • –appointments
    • –impeachment/removal
  114. 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
  115. 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
  116. 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
  117. 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
  118. 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
  119. Majority and Minority Whips
    –Mainly responsible for counting heads and rounding-up party members for votes
  120. 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
  121. 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
  122. 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
  123. 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
  124. 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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