UNIT 5 POLICYMAKING INSTITUTIONS: CONGRESS AND THE PRESIDENCY

Transcription

1 AP U.S. Gvernment & Plitics Quick Ntes UNIT 5 POLICYMAKING INSTITUTIONS: CONGRESS AND THE PRESIDENCY

2 QUALIFICATIONS AND TERM SIZE DESIGN APGP 5-1 OVERVIEW OF CONGRESS INTENTIONS OF FOUNDERS Fear f excessive pwer cncentrated in single institutin Fear f mb rule by impassined majrity Cncern abut manner f representatin in Cngress Belief that Cngress wuld be the dminant branch f gvernment Slutin t these cncerns: Bicameral legislature Mb rule cncern addressed by creatin f upper huse in which senatrs wuld be elected by state legislatures rather than the peple, and which wuld check the passins f the peple s representatives in the Huse Representatin cncern settled by a Senate w/equal representatin and Huse with representatin based upn ppulatin TERM OF CONGRESS Term f Cngress lasts tw years Terms begin n January 3 f every dd-numbered year Terms numbered cnsecutively (113 th Cngress , 114 th Cngress ) BICAMERALISM = TWO-HOUSE LEGISLATURE Purpse f bicameralism T prtect against an verly pwerful legislature Huse f Rep s was expected t reflect ppular will f average citizen Senate was t prvide mre stability, cntinuity, and in-depth deliberatin Acts as a mderating effect n partisanship, and prevents gvernment frm steamrlling ahead and infringing n peple s rights Part f the Cnnecticut (Great) Cmprmise at the Cnstitutinal Cnventin Cnsequences f a bicameral legislature Gridlck designed t be slwed dwn Cmprmise between huses (especially if cntrlled by different parties) Additinal check and balance HOUSE OF REPRESENTATIVES Clser t the peple/mre respnsive t the peple: Members elected directly by the peple (rather than indirectly elected, as were Senatrs until 1913) Members are elected frm smaller districts rather than n an atlarge basis, like the Senate Members elected fr nly a tw-year term Entire bdy elected every tw years Revenue bills (tax bills) must riginate in the Huse SENATE Mre remved frm the peple: Members riginally were indirectly elected by state legislatures (until the 17 th amendment) Members elected n an at-large basis by the entire state Members elected fr a six-year term Only 1/3 f Senate is up fr reelectin every tw years mre stability/cntinuity (staggered terms) Determined by cngressinal act since 1911 (can be changed) Members elected by districts, nt states Number f reps a state has is determined by ppulatin Demgraphic trends shw increase in Sun Belt state representatin (e.g. 53 reps in Califrnia) & decrease in Frst Belt representatin 100 members, chsen in statewide electins ( at large ) Tw frm each state With a smaller size, the Senate has been mre infrmal bdy with less need than the Huse fr as many strict prcedures Terms f ffice are fixed Tw years: Entire bdy up fr re-electin every tw years - A mre respnsive and ptentially radical bdy t be kept in check by the Senate Term limits passed by sme states, but ruled uncnstitutinal by Supreme Curt 25 years f age Citizenship fr 7 years State residency Terms f ffice are fixed Six Years. 1/3 up fr reelectin every tw years Staggering f terms ensures a mre stable bdy N term limits allwed here, either 30 years f age Citizenship fr 9 years State residency

3 APGP 5-2 WHY DO INCUMBENTS WIN? During the last 50 years, incumbency has been the single mst imprtant factr in determining the utcme f cngressinal electins. Over 90% f Huse incumbents seeking reelectin win. Over 75% f Senate incumbents seeking reelectin win. Why? Relatively few seats are seriusly cntested. Mst are what are termed safe seats. This leads t the public perceptin f a permanent Cngress. The cunter t the permanent Cngress argument is that reelectin rates take int accunt nly thse incumbents wh run fr reelectin. Retirements pen up quite a few seats each year t new members. ADVANTAGES OF INCUMBENCY MONEY Incumbents are usually able t raise mre campaign cntributins than their challengers PACs cntribute mre mney t incumbents than t their challengers Incumbents utspend challengers by a rati f mre than 2 t 1 NAME RECOGNITION Incumbents are usually better knwn t vters than are their challengers Incumbents have pprtunities t participate in highly visible activities that are cvered by lcal newspapers and lcal televisin statins CONSTITUENT SERVICE There is a clse link between cnstituent service and reelectin Members f Cngress are able t win supprters by perfrming casewrk fr their cnstituents Casewrk cnsists f helping individual cnstituents, ften by cutting thrugh bureaucratic red tape Members f Cngress are able t win supprters by bringing hme mney and jbs ( prk ) fr their district Prk is legislatin that allws representatives t bring mney and jbs t their district Incumbents ften sit n cmmittees that enable them t earmark r designate specific prjects fr their district Prk helps representatives earn a reputatin fr service t their district THE FRANKING PRIVILEGE The franking privilege refers t the right f members f Cngress t mail newsletters t their cnstituents at the gvernment s expense In recent years, members f Cngress have extended the franking privilege t include s and recrded phne calls GERRYMANDERING Members f the Huse ften represent districts that have been deliberately gerrymandered t include vting blcs that supprt incumbents Gerrymandered districts discurage strng challengers frm trying t cmpete with incumbents CONSEQUENCES OF THE INCUMBENCY ADVANTAGE Cnsequences can be either psitive r negative Cngress cntains a large number f experienced leaders, thus enabling it t maintain cntinuity f leadership and plicy The cntinuity discurages radical change while encuraging clse relatins with interest grups Because incumbents benefit the mst frm existing campaign finance laws, they have n incentive t refrm them Cngress has mre experienced plitical leaders Discurages challengers Plicy specializatin Fewer wmen and minrities

4 APGP 5-3 REPRESENTATION & REAPPORTIONMENT HOUSE OF REPS STEP 1: CENSUS Cunting the ppulatin f every state Cnducted every 10 years t shw ppulatin changes in states (2010, then 2020) These changes must be reflected in state representatin in Huse STEP 2: REAPPORTIONMENT The prcess f dividing up the seats in the Huse t determine the new number f representatives t which each state is entitled If a state gains significantly in ppulatin, it will prbably gain sme seats If a state lses ppulatin r des nt gain as much as ther states, it will prbably lse sme seats Many states will stay the same STEP 3: REDISTRICTING The prcess f setting up new district lines after reapprtinment has been cmpleted If a state has a change in the number f seats OR if the ppulatin has mved significantly within the state, its district bundaries must change. All districts within the state must be equal in ppulatin size. This is usually carried ut by the party in pwer f the state legislature STEP 4: GERRYMANDERING Definitin - the plitical party cntrlling the state gvernment draws a district s bundaries t gain an advantage in electins State legislatures have abused their pwer t divide the state cngressinal districts by gerrymandering (frm f redistricting) The party in pwer can get a majrity f seats in the Huse by: Packing: drawing the district lines in such a way as t cncentrate the ppsing party in a few districts, thus preserving a majrity f seats fr itself. Cracking: drawing the district lines in such a way as t disperse the ppsing party thrughut the state and thus dilute that party's strength in rder t preserve a majrity f seats fr the majrity party. Gals f Gerrymandering T enhance plitical party strength/t minimize the strength f the ppsitin party T prtect incumbents/t discurage challengers T increase minrity representatin/t decrease minrity representatin T punish fes/t reward friends Gerrymandering Effects The party in pwer stays in pwer Safe seats are created fr incumbents, leading t further difficulties fr challengers Strangely-shaped districts Majrity-minrity districts created by racial gerrymandering Cmmunities f interest may be brken up POPULATION SHIFTS States gaining reps: Suth West States lsing reps: Nrtheast Midwest Reasns fr representative changes: 1. Lss f jbs in Midwest; Cheaper land and labr in Suth. 2. Baby-bmers mving t warmer areas in Suth and West fr retirement. 3. Immigratin in the Suth and West. SUPREME COURT REDISTRICTING REQUIREMENTS Districts must be as near equal in ppulatin as pssible Baker v. Carr, 1962: ne man, ne vte principle applied t state legislative districts (n malapprtinment) Wesberry v. Sanders, 1964: ne man, ne vte principle t Huse districts (n malapprtinment) States redistrict t slve the prblem f malapprtinment District lines must be cntiguus r cnnected District lines cannt be drawn slely based upn race Racial gerrymandering is prhibited (Shaw v. Ren, 1993) Race may nt be the primary factr in drawing district lines, but it can be a factr Cannt dilute racial minrity vting strength Cmmunities f interest must be prtected

5 APGP 5-4 POWERS OF CONGRESS Overview: Cngress has sme expressed pwers that are utlined in the Cnstitutin, and thers, called implied pwers, that are nt stated utright but that Cngress may assume in rder t carry ut its expressed pwers. This des nt give Cngress free rein. The implied pwers must be reasnably drawn frm expressed pwers. Cngress pssesses a third type f pwers the s-called inherent pwers f gvernment. These pwers, like the implied pwers, are nt explicitly listed in the Cnstitutin, but they are said t be inherent t the very idea f natinal gvernment. EXPRESSED (ENUMERATED, DELEGATED) Levy taxes Brrw mney Regulate freign, interstate, Indian cmmerce Establish naturalizatin and bankruptcy laws Cin mney Establish weights and measures Punish cunterfeiters Establish pst ffices Grant cpyrights and patents Create curts inferir t Supreme Curt Define and punish piracy Declare war Raise and supprt an army and navy INSTITUTIONAL POWERS, I.E., THAT RELATE TO SYSTEM OF CHECKS & BALANCES Bth Huses f Cngress Prpsal f cnstitutinal amendments with 2/3 vte in bth huses Huse f Reps Huse vtes fr impeachment Huse elects President if n electral majrity Senate Senate ratifies treaties with 2/3 vte Senate apprves appintments with majrity vte Senate tries impeachment cases Senate elects V.P. if n electral majrity IMPLIED POWERS Based upn the necessary and prper clause (elastic clause) All implied pwers cme frm an expressed pwer The pwer t tax (expressed) gives Cngress the pwer t set up an IRS (implied) Strict v. lse cnstructinist appraches INHERENT POWERS Because the United States is a svereign natin in the wrld >> pssess certain pwers that all svereign natins pssess and always have pssessed Cntrl natinal brders Regulate immigratin Acquire new territries Defend the state frm revlutin POWERS DENIED TO CONGRESS Passing ex pst fact laws Retractive criminal law that wrks t the disadvantage f a persn Passing bills f attainder Law inflicting punishment withut a trial Suspending habeas crpus (the right f a persn t g befre a judge and questin his r her imprisnment) except in cases f rebellin r invasin

6 APGP 5-5 LEADERSHIP IN CONGRESS SPEAKER OF THE HOUSE Presides ver Huse (MOST POWERFUL MEMBER) always frm majrity party (selected by the majrity party) Refers bills t apprpriate Huse cmmittees Appints Huse members t select, jint, and Huse- Senate cnference cmmittees Appints Rules Cmmittee members and its chairman Assigns bills t cmmittees Schedules legislatin fr flr actin Influences agenda f the Huse Third in line fr presidency after V.P. Infrmal pwers, e.g., access t media PRESIDENT OF THE SENATE Rle f the Vice President f the United States Presides ver Senate May nt take part in debates (nt an elected member f the Senate) May vte nly in the event f a tie Ceremnial jb PRESIDENT PRO TEMPORE OF THE SENATE Usually the mst senir member f the majrity party Ceremnial jb Presides in absence f the Vice President Furth in line fr presidency HOUSE MAJORITY LEADER Selected by the majrity party Appinted by party t shape and direct the strategy n the Huse flr Maintain their parties alliances t garner vting majrities t pass r defeat bills and amendments Frmulate the party s legislative prgram in cperatin with the Speaker With ther party leaders steer their prgram thrugh the Huse Ensure that cmmittee chairs take actin n bills HOUSE MINORITY LEADER Selected by the minrity party Summarizes criticisms f the majrity parties legislatin Mbilizes supprt fr minrity party psitins Acts as Huse spkespersn fr the president if they are frm the same party HOUSE MAJORITY WHIP & MINORITY WHIP Each party elects a whip t aid the flr leader in implementing the party s legislative prgram Assistant flr leaders Infrm party leaders n "md" f Huse Liaisn between party leadership and rank and file membership Transmit infrmatin t party members in the chamber Assist leaders in develping a cunt and a strategy fr key vte Build calitins t pass bills and amendments Gather intelligence, knw where the key vtes are, and use persuasive tactics t garner mre vtes SENATE MAJORITY LEADER Selected by the majrity party MAJORITY LEADER IS THE TRUE LEADER IN SENATE Recgnized first fr all debates w/pwer t filibuster, this gives Majrity Leader strng influence n bills Leader f majrity party Influences cmmittee assignments f senatrs Influences Senate agenda, alng with Minrity Leader Infrmal pwers, e.g., f using the media SENATE MINORITY LEADER Selected by the minrity party Summarizes criticisms f the majrity parties legislatin Mbilizes supprt fr minrity party psitins Acts as Senate spkespersn fr the president if they are frm the same party SENATE MAJORITY WHIP & MINORITY WHIP Each party elects a whip t aid the flr leader in implementing the party s legislative prgram Assistant flr leaders Infrm party leaders n "md" f Senate Liaisn between party leadership and rank and file membership Transmit infrmatin t party members in the chamber Assist leaders in develping a cunt and a strategy fr key vte Build calitins t pass bills and amendments Gather intelligence, knw where the key vtes are, and use persuasive tactics t garner mre vtes

7 APGP 5-6 INFLUENCES ON MEMBERS OF CONGRESS CONSTITUENT VIEWS If a member vtes accrding t hw his/her cnstituents want him/her t vte withut regard fr his/her wn cnscience Said t act in the delegate rle and engage in representatinal vting Vte d members vte as a delegate? Members were elected t represent the peple and enact their will Fear f upsetting cnstituents and lsing re-electin MEMBERS OWN VIEWS If a member vtes accrding t his/her wn beliefs as t what is best Said t act in the trustee rle and engage in attitudinal vting Why d members vte as a trustee? Access t infrmatin Expertise Divided cnstituency Uninfrmed cnstituency Salience (extent t which the issue is relevant t yu) f issue Difficulty determining what vters want PARTY AFFILIATION If a member vtes accrding t hw his/her plitical party wants him/her t vte Said t act as a partisan and engage in partisan vting Best predictr f cngressinal vting Strng influence n ecnmic and scial welfare issues Less influence n freign plicy and civil liberties issues Vte as a partisan because f: Pressure party leaders put n members t vte accrding t party views Use f reciprcity amng members (exchange f favrs) Use f lgrlling amng members (exchange f vtes) THE PRESIDENT Can reward r punish members, particularly thse within his wn party He can campaign fr r against members He can attend r nt attend members fund raisers He can speak ut fr r against members He can use his electrnic thrne t gain leverage

8 PRESIDENTIAL ACTION CONFERENCE COMMITTEE ACTION FLOOR ACTION COMMITTEE ACTION BILL INTRODUCTION APGP 5-7 HOW A BILL BECOMES LAW Less than 10% actually pass Mst riginate in the executive branch Bills can be intrduced in either huse, except fr revenue bills (Huse nly) Diffusin f pwer evident in this prcess: prpnents need many victries, but ppnents need nly ne. This was the intent f the Funders: t create a cautius and deliberate prcess Tw-step legislative prcess: Authrizatin allws fr a prgram Apprpriatin prvides mney fr that prgram Passage f a bill requires nly a simple majrity Imprtance f crrect cmmittee getting a bill Cmmittee actins Pass Kill Amend ( markup sessin ) Pigenhle: mst frequent fate f a bill Discharge petitin (in the Huse f Reps) can be used when a bill is bttled up in cmmittee Means f bringing a bill ut f cmmittee and t the flr fr cnsideratin withut a reprt frm the cmmittee Usually withut cperatin f the leadership by "discharging" the cmmittee frm further cnsideratin f a bill r reslutin. Requires simple majrity f the Huse Rarely ever used Imprtance f Rules Cmmittee (Huse nly) Traffic cp functin Issues pen rule that allws amendments t a bill r clsed rule that prhibits such amendments (esp. n tax bills) Establishes rules n flr debate Senate nly allws filibusters. Can be ended by 3/5 vte f clture Senate nly allws nn germane amendments ( riders ). Christmas tree bills can result Senate allws any member t place a hld n a bill r presidential nminatin Nt in the Cnstitutin, but anther example f a Senate traditin. In the past, this was a temprary delay s that, fr example: a senatr culd have mre time t cnsider a bill, r a senatr wh was ging t be absent when a bill was cnsidered wuld request that the bill be delayed until he returned T exercise the hld, a senatr infrms the flr leader that he/she des nt want the bill t be cnsidered the implied threat f a filibuster and the need fr unanimus cnsent fr the Senate t prceed n business result in the bill/nminatin being held up Hlds can be placed annymusly Cmprised f members frm bth huses Temprary cnference cmmittee recnciles different Huse-Senate versins f a bill, and then sends it back t each huse fr a vte Each huse must pass the same versin f the bill Yet anther third huse f Cngress 1) Sign the bill in full 2) Vet the bill in full > can be verridden by 2/3 vte in each huse 3) Ignre the bill - After 10 days f sending the bill t the President, if Cngress is in sessin the bill autmatically becmes law 4) Ignre the bill - After 10 days f sending the bill t the President, if Cngress is NOT in sessin the bill is pcket veted What is a line-item vet? Cngress gave the president a line item vet in the mid-90s (vet individual parts f a bill) Line item vet ruled uncnstitutinal in Clintn v. New Yrk (1998) as a vilatin f separatin f pwers Use f the line item vet wuld have enabled the president t legislate, a functin reserved nly fr Cngress (Mst gvernrs d have the pwer f the line item vet)

9 APGP 5-8 THE LEGISLATIVE PROCESS Hw Bills Becme Laws r Nt As part f its legislative prcess, the United States Cngress cnsiders thusands f bills each sessin. Yet, nly a small percentage f them will ever reach the tp f the president's desk fr final apprval r vet. Alng their way t the White Huse, bills traverse a maze f cmmittees and subcmmittees, debates, and amendments in bth chambers f Cngress. STEP 1: INTRODUCTION Only a member f Cngress (Huse r Senate) can intrduce the bill fr cnsideratin. The Representative r Senatr wh intrduces the bill becmes its "spnsr." Other legislatrs wh supprt the bill r wrk n its preparatin can ask t be listed as "c-spnsrs." Imprtant bills usually have several c-spnsrs. Fur basic types f legislatin are cnsidered by Cngress: Bills, Simple Reslutins, Jint Reslutins, and Cncurrent Reslutins. A bill r reslutin has fficially been intrduced when it has been assigned a number (H.R. # fr Huse Bills r S. # fr Senate Bills), and printed in the Cngressinal Recrd by the Gvernment Printing Office. STEP 2: COMMITTEE CONSIDERATION All bills and reslutins are "referred" t ne r mre Huse r Senate cmmittees accrding t their specific rules. STEP 3: COMMITTEE ACTION The cmmittee cnsiders the bill in detail. Fr example, the pwerful Huse Ways and Means Cmmittee and Senate Apprpriatins Cmmittee will cnsider a bill's ptential impact n the Federal Budget. If the cmmittee apprves the bill, it mves n in the legislative prcess. Cmmittees reject bills by simply nt acting n them. Bills that fail t get cmmittee actin are said t have "died in cmmittee," as many d. STEP 4: SUBCOMMITTEE REVIEW The cmmittee sends sme bills t a subcmmittee fr further study and public hearings. Just abut anyne can present testimny at these hearings. Gvernment fficials, industry experts, the public, anyne with an interest in the bill can give testimny either in persn r in writing. Ntice f these hearings, as well as instructins fr presenting testimny is fficially published in the Federal Register. STEP 5: MARK UP If the subcmmittee decides t reprt (recmmend) a bill back t the full cmmittee fr apprval, they may first make changes and amendments t it. This prcess is called "Mark Up." If the subcmmittee vtes nt t reprt a bill t the full cmmittee, the bill dies right there. STEP 6: COMMITTEE ACTION -- REPORTING A BILL The full cmmittee nw reviews the deliberatins and recmmendatins f the subcmmittee. The cmmittee may nw cnduct further review, hld mre public hearings, r simply vte n the reprt frm the subcmmittee. If the bill is t g frward, the full cmmittee prepares and vtes n its final recmmendatins t the Huse r Senate. Once a bill has successfully passed this stage it is said t have been "rdered reprted" r simply "reprted." STEP 7: PUBLICATION OF COMMITTEE REPORT Once a bill has been reprted (See Step 6:) a reprt abut the bill is written and published. The reprt will include the purpse f the bill, its impact n existing laws, budgetary cnsideratins, and any new taxes r tax increases that will be required by the bill. The reprt als typically cntains transcripts frm public hearings n the bill, as well as the pinins f the cmmittee fr and against the prpsed bill. STEP 8: FLOOR ACTION -- LEGISLATIVE CALENDAR The bill will nw be placed n the legislative calendar f the Huse r Senate and scheduled (in chrnlgical rder) fr "flr actin" r debate befre the full membership. The Huse has several legislative calendars. The Speaker f the Huse and Huse Majrity Leader decide the rder in which reprted bills will be debated. The Senate, having nly 100 members and cnsidering fewer bills, has nly ne legislative calendar. STEP 9: DEBATE Debate fr and against the bill prceeds befre the full Huse and Senate accrding t strict rules f cnsideratin and debate. STEP 10: VOTING Once debate has ended and any amendments t the bill have been apprved, the full membership will vte fr r against the bill. Methds f vting allw fr a vice vte r a rll-call vte. STEP 11: BILL REFERRED TO OTHER CHAMBER Bills apprved by ne chamber f Cngress (Huse r Senate) are nw sent t the ther chamber where they will fllw pretty much the same track f cmmittee t debate t vte. The ther chamber may apprve, reject, ignre, r amend the bill. STEP 12: CONFERENCE COMMITTEE If the secnd chamber t cnsider a bill changes it significantly, a "cnference cmmittee" made up f members f bth chambers will be frmed. The cnference cmmittee wrks t recncile differences between the Senate and Huse versins f the bill. If the cmmittee cannt agree, the bill simply dies. If the cmmittee des agree n a cmprmise versin f the bill, they prepare a reprt detailing the changes they have prpsed. Bth the Huse and Senate must apprve the reprt f the cnference cmmittee r the bill will be sent back t them fr further wrk. STEP 13: FINAL ACTION - ENROLLMENT Once bth the Huse and Senate have apprved the bill in identical frm, it becmes "Enrlled" and sent t the President f the United States. The President may sign the bill int law. The President can als take n actin n the bill fr ten days while Cngress is in sessin and the bill will autmatically becme law. If the President is ppsed t the bill, he can "vet" it. If he takes n actin n the bill fr ten days after Cngress has adjurned their secnd sessin, the bill dies. This actin is called a "pcket vet." STEP 14: OVERRIDING THE VETO Cngress can attempt t "verride" a presidential vet f a bill and frce it int law, but ding s requires a 2/3 vte by a qurum f members in bth the Huse and Senate.

10 APGP 5-9 THE COMMITTEE SYSTEM INTRODUCTION Real wrk f Cngress is dne in cmmittees and subcmmittees, nt n the flr f the Huse r Senate. Befre a bill even reaches the flr, it must first pass thrugh a cmmittee, unless the cmmittee has resisted reprting ut the bill and the Huse vtes t discharge it (thrugh a discharge petitin) nt the flr fr cnsideratin by the full bdy. Cmmittee functins: Analyze legislatin, cnduct investigatins f executive branch agencies, cnduct versight f executive branch agencies COMMITTEE MEMBERSHIP Cmmittee membership is cntrlled by the parties, primarily by the majrity party. The chairman and a majrity f each standing cmmittee cme frm the majrity party. The remaining cmmittee members are frm the minrity party, but they are always a minrity n the cmmittee. Assignments are based n the persnal and plitical qualities f the member, his r her regin, and whether the assignment will help reelect the member. Getting n the right cmmittee is very imprtant t mst members f Cngress. A member frm a "safe" district whse reelectin is secure may want t serve n an imprtant cmmittee that prmtes a pwer base in Washingtn. On the ther hand, a member wh has few ambitins beynd his r her current psitin and whse reelectin is less secure may want t serve n a cmmittee that suits the needs f cnstituents. Fr example, a less secure representative frm rural Kansas may prefer t serve n the Agriculture Cmmittee. Whichever party has majrity in the Huse r Senate will have a majrity n each cmmittee in that huse. Cmmittee chairman is f majrity party; ranking member is mst senir member f minrity party n a cmmittee. COMMITTEE CHAIRMEN Cmmittee chairmen are the mst imprtant shapers f the cmmittee agenda. Frm 1910 until the early 1970s, chairmen were strictly chsen by the senirity system, in which the member with the lngest cntinuus service n the cmmittee was placed autmatically in the chairmanship. In the early 1970s, the Huse decided t elect cmmittee chairmen by secret ballts frm all the majrity members. As a result, several cmmittee chairmen were remved, and althugh mst chairmen still get their psitins thrugh senirity, it is pssible t be remved r verlked. Pwer f chairmen is substantial ver: Advantages f senirity system: Setting cmmittee agenda Experience Hiring staff Stability Membership n subcmmittees Jurisdictin f subcmmittees Expertise Reduces infighting amng thse wh wuld be rivals fr chairmen IMPORTANT STANDING COMMITTEES Standing cmmittees are the permanent cmmittees f Cngress. Huse Senate Rules Freign Relatins Mst pwerful f all Highly prestigius Sets legislative calendar Senate has larger rle in freign affairs than Huse because f Establish rules fr debate and amendments treaty ratificatin, ambassadr cnfirmatin prvisins in Cnstitutin Ways and Means Deals with tax (revenue) bills Judiciary Screens judicial nminees Careful scrutiny given because f the pwer f the mdern judiciary and the fact that judges have life terms OTHER COMMITTEES Cnference Cmmittees Temprary cmmittees cmprised f members frm bth huses Frmed t reslve differences between bills passed thrugh the Huse and Senate (nly if the language f the bill is different) Members are appinted by the party leadership and are selected frm the Huse and Senate cmmittees that riginally cnsidered the bill After cnference cmmittee sends bill back t each huse, n amendments are allwed, and the bill generally passes The pwer f these cmmittees is such that they are ften called the third huse f Cngress Select Appinted by a huse fr a limited, temprary purpse, e.g., t study and issue r t cnduct an investigatin Jint Cmpsed f members frm bth huses fr similar temprary purpses

11 Term f Office Electin f the President Cncerns f the Funders Alternatives APGP 5-10 EVOLUTION OF THE PRESIDENCY DELIBERATIONS AT THE CONSTITUTIONAL CONVENTION Sme prpsed a plural executive Sme wanted an executive cuncil t have vet pwer ver presidential actins Sme (e.g. Alexander Hamiltn) wanted a President with a life term Eventually, cmprmises brught abut a single, elected President with a fixed term f ffice Fear f an excessively strng President Fear that the presidency wuld be the fetus f mnarchy Cncern ver n term limits (n 22 nd Amendment until 1950) Fear f an excessively weak President wh wuld becme a tl f the Senate because f its ratificatin and cnfirmatin pwers The basic prblem f creating a presidency Make him t weak: the legislature will usurp his pwers Make him t strng: he will usurp the legislature Sme wanted Cngress t elect the President fear f cngressinal dminance Sme wanted direct electin. Prblems: Inrdinate weight t large states Demaggues might appeal t masses Illiteracy was cmmn Cmmunicatin was pr The cmprmise: The Electral Cllege (read belw) The peple had sme input Large states had a gd amunt f influence, but small states were prtected by having a minimum f three electral vtes Small states wuld als have a great deal f clut if the electin were thrwn int the Huse (and it was assumed that this wuld happen ften). Under this scenari, each state has ne vte. Fear f an unlimited number f terms f ffice was quieted when Washingtn decided nt t run fr a third term This precedent was fllwed until 1940 (FDR ran fr a third term and furth term in 1944) THE ELECTORAL COLLEGE The methd f selectin f the president was ne f the mst cntrversial tpics at the Cnstitutinal Cnventin. Mst f the framers did nt trust the public t directly elect the president, but under the checks and balances system, neither culd Cngress be allwed t select the head f the executive branch. The slutin t the dilemma was t create an electral cllege, a grup f electrs chsen by each state wh wuld meet in their respective state capitals t vte fr president and vice president. Many framers believed that states wuld vte fr favrite sns and that ften the electin wuld be decided by the Huse f Representatives. It did nt wrk ut as they expected, largely because they did nt fresee the imprtant rle that plitical parties wuld play in presidential selectin. Tday, all majr presidential candidates are selected by their plitical parties, even thugh Rss Pert tried t capture the presidency in 1992 withut the backing f a party. In 1996, he prved the imprtance f plitical parties in the selectin prcess when he tried t run again, but as head f a third party. Presidential candidates are chsen thrugh presidential primaries, and are nminated at a party cnventin in the summer befre a general electin in Nvember. The Electral Cllege members in each state vte - either by law r traditin - fr the same candidate that the majrity f vters in the state chse. Until the electin f 2000, the Electral Cllege was regarded primarily as a frmality that didn t affect the utcmes f presidential electin. Hwever, in 2000 Demcratic candidate Al Gre wn the ppular vte, but Gerge W. Bush became President because he wn the electral vte. The situatin pened a debate, with Electral Cllege supprters arguing that the system prtects reginal and lcal balance, and its critics claiming that the Electral Cllege vting system is undemcratic.

12 SUCCESSION TERM OF OFFICE SELECTION QUALIFICATIONS APGP 5-11 OVERVIEW OF THE PRESIDENCY THE PRESIDENCY IN THE CONSTITUTION Article II f the Cnstitutin defines the qualificatins, pwers, and duties f the president and carefully ntes sme imprtant checks f the executive branch by the legislature. Natural-brn citizen Only individuals brn as citizens may seek the presidency; all thers are excluded frm cnsideratin At least 35 years f age In cntrast t a minimum age f 30 fr a senatr and 25 fr a representative This prvisin has never been seriusly challenged, since presidents tend t be cnsiderably lder than 35 Thedre Rsevelt (age 42 yungest president), Jhn F. Kennedy (age 43 yungest t be elected president) Residency fr at least 14 years Years dn't have t be cnsecutive Elected in Nvember in years divisible by 4 Peple >> Electrs >> President Electral vtes cunted n January 6 President inaugurated n January 20 (established by the 20 th amendment) Fur years Maximum f tw elected terms Amendment 22 institutinalized Washingtn s precedent Passage f 22 nd Amendment was due t the Republican cngress cncern ver future FDR s Pssible t serve just less than 10 years in ffice if a V.P. becmes President just after the midpint f a President s term If a V.P. serves less than half f a President s term, he can be elected t the presidency twice If a V.P. serves mre than half f a President s term, he can be elected t the presidency nly nce Lyndn Jhnsn succeeded JFK in 1963, and was therefre eligible t be elected twice Gerald Frd succeeded Nixn in 1974, and was therefre eligible t be elected nly nce If ffice f presidency is vacant due t death, resignatin, r impeachment and remval, the V.P. becmes President. If V.P. dies befre his inauguratin as President, the line f successin is as fllws: Speaker f the Huse, Senate President Pr Tempre, Secretary f State, Secretary f Treasury, Secretary f Defense, and then the ther Cabinet secretaries in the rder f the creatin f their ffices. If the President is disabled, the 25 th Amendment applies: The President infrms the Cngress f disability and the V.P. becmes Acting President. If the President is unable t infrm Cngress (e.g., cma), the V.P. and a majrity f Cabinet secretaries can g t the Cngress and receive apprval fr the V.P. t becme Acting President. In either case, the President regains pwers by infrming the Cngress f his intent t return. In case f dispute, Cngress has the pwer t decide wh shall be President. THE IMPEACHMENT PROCESS The Cnstitutin prvides a way t remve a president befre his term is ver, but it is nt an easy prcess. The Huse f Representatives may, by majrity vte, impeach the president fr "Treasn, Bribery, r ther high Crimes and Misdemeanrs." Once the Huse impeaches the president, the case ges t the Senate, which tries the president, with the chief justice f the Supreme Curt presiding. By a tw-third vte, the Senate may cnvict and remve the president frm ffice. Only tw presidents have been impeached: Andrew Jhnsn was impeached by the Huse in 1868 in the wake f the pst-civil War plitics, but the Senate failed t cnvict him (by a ne vte margin), and he remained in ffice. Bill Clintn was impeached by the Huse in 2000 n tw cunts: cmmitting perjury and bstructing justice in the investigatin f sex scandals surrunding the President s relatinships with Paula Jnes and Mnica Lewinsky. Richard Nixn came clse t impeachment when n July 31, 1974, the Huse Judiciary Cmmittee vted t recmmend his impeachment t the Huse as a result f the Watergate scandal. Nixn avided impeachment by resigning frm the presidency a few days later.

13 APGP 5-12 ROLES OF THE PRESIDENT CONSTITUTIONAL ROLES Pwer(s) Check(s) Chief Legislatr Prpses legislatin Vetes legislatin (lacks line item vet -- struck dwn by Supreme Curt) Calls special sessins f Cngress Cngress need nt pass suggested legislatin Cngress can verride vet with 2/3 majrity in bth huses Chief Executive Enfrces laws, treaties, and curt decisins Appints fficials t ffice Issues executive rders (which have the frce f laws) t carry ut laws Cngress passes laws and has pwer f the purse Senate can reject appintments Cmmander in Chief Head f the armed frces Cngress apprpriates funds fr the military Cngress declares war War Pwers Act f 1973 Chief Diplmat Sets verall freign plicy Appints ambassadrs Negtiates bth treaties and executive agreements Gives diplmatic recgnitin t freign gvernments Cngress apprpriates funds fr freign affairs Senate can reject ambassadrs and treaties Chief f State The ceremnial head f ur natin (e.g., tsses ut the first ball f the baseball seasn, visits the areas struck by natural disaster) Chief Jurist Appints federal judges Issues pardns (e.g., Frd pardned Nixn fr Watergate) and amnesty Senate can reject judicial appintments Senatrs can place hlds n appintments Senatrs can filibuster nminatins NON-CONSTITUTIONAL ROLES Chief f Party Selects the party s chairman f the natinal cmmittee Plitical patrnage Chief Ecnmist Prpses budget Respnsible fr verall health f ecnmy Cngress must apprve budget

14 APGP 5-13 PRESIDENTIAL POWERS Article II f the Cnstitutin utlines the pwers f the president. The checks and balances f the ther branches f gvernment limit them. The pwer f the mdern presidency cmes frm the men wh have held the ffice and have shaped the use f these pwers. Histrians have ften rated presidents as strng r weak. After the 1960s and 1970s, it was argued that the presidency had becme s pwerful that an "imperial presidency" existed, applying the term t Richard Nixn and his administratin in particular. Others cntend that the president's pwers lie in the ability t persuade thers thrugh negtiatin, influence, and cmprmise. Presidential pwers can be categrized int the fllwing six grups: EXECUTIVE POWERS LEGISLATIVE POWERS Enfrces laws, treaties, and curt decisins Issues executive rders t carry ut plicies Appints fficials, remves fficials Assumes emergency pwers Gives annual State f the Unin message (cnstitutinally required) identifying prblems, recmmending plicies, and submitting specific prpsals (president's legislative agenda). Expectatins are that the president will prpse a cmprehensive legislative prgram t deal with natinal prblems (the Budget and Accunting Act f 1921 requires the president t prepare and prpse a federal budget). Presides ver the cabinet and executive branch Issues annual budget and ecnmic reprts Signs r vetes bills Prpses legislatin and uses influence t get it passed Calls fr special sessins f Cngress MILITARY POWERS DIPLOMATIC POWERS Cmmander-in-chief f the armed frces Appints ambassadrs and ther diplmats Final decisin-making authrity in matters f natinal and freign defense Prvides fr dmestic rder Negtiates treaties and executive agreements Meets with freign leaders in internatinal cnferences Accrds diplmatic recgnitin t freign gvernments Receives freign dignitaries JUDICIAL POWERS PARTY POWERS Appints members f the federal judiciary Recgnized leader f the party Grants reprieves, pardns, and amnesty Chses vice-presidential nminee Strengthens the party by helping members get elected (cattails) Appints party members t gvernment psitins (patrnage) Influences plicies and platfrm f the party

15 APGP 5-14 PRESIDENTIAL SUPPORT STAFF EXECUTIVE OFFICE OF THE PRESIDENT White Huse Office/White Huse Staff Immediate staff President Office space in West Wing f White Huse > prximity t President. Appintments t the White Huse Office e.g. Chief f Staff, generally d nt require Senate cnsent Officials are less subject t testifying befre Cngress since they have a greater degree f executive privilege prtectin. Presidents typically seek peple wh will be lyal less divided lyalties are cmpared t Cabinet psitins. OMB (Office f Management and Budget) Prepares the annual budget and reviews federal prgrams NSC (Natinal Security Cuncil) Crdinates freign/military plicy Increasing imprtance f the Natinal Security Adviser since the Nixn presidency CEA (Cuncil f Ecnmic Advisrs) Three-persn advisry grup n ecnmic plicy CABINET The 15 Secretaries and 5 thers wh hld Cabinet rank (OMB Directr, CIA Directr, White Huse Cunselr, UN Ambassadr, US Trade Rep). Each f these is appinted by the President w/senate cnsent. Presidents can, f curse, fire the plitical appintees within a department. In ur system: Cabinet fficials are cnstitutinally banned frm als being members f Cngress. The Cabinet meets irregularly. Only at the call f the President. Cabinet fficials are mre interested in defending/enlarging their wn departments than they are in meeting tgether t hammer ut public plicy. Many newly-elected Presidents speak f enlarging the Cabinet's rle, but then think better f it as time ges n. Factrs affecting selectin f Cabinet Secretaries include party affiliatin, interest grup influence, race, gender, gegraphical diversity, and cnfirmability THE VICE PRESIDENT The funders paid little attentin t the ffice and assigned the psitin t 1) preside ver the Senate, but withut a vte except t break a tie and 2) help decide the questin f presidential disability, as prvided in the 25 th Amendment in T date, the vice president has never had t decide a questin f presidential disability. The mst imprtant functin f the vice president is t take ver the presidency if the president is unable t fill his term. That has nly happened nine times in histry, but f curse, the vice president must be qualified t take ver the presidency. A vice president's rle in any administratin is almst entirely up t the president. Althugh the riginal cnstitutin designated the runner-up fr the presidency as the vice president, the 12 th Amendment was passed in 1804, which prvided fr electrs t vte fr a president/vice-president slate. Traditinally, a presidential candidate chses a vice presidential partner, usually based n a "balance" t the ticket (regin, age, ppular base, party subgrup). Only tw cnstitutinal duties: Becme President r Acting President if the ffice f President is vacant. Preside ver Senate, vting nly in case f ties. Traditinally, the V.P. is a dull, d-nthing jb The jb f a V.P. is basically what the President says it is: V.P. is ften selected nt n basis f qualificatins, but n basis f balancing the ticket. After he has "dne his jb (i.e., helped win vtes)," the V.P. is ften "put ut t pasture" fr dull wrk. Imprtance f the ffice: 9/43 Presidents have nt finished their terms f ffice. V.P. can becme Acting President if the President is disabled.

16 APGP 5-15 THE IMPERIAL PRESIDENCY The cncept f the Imperial Presidency first came abut during the 1960's, and was later made ppular by histrian Arthur M. Schlesinger Jr., after he wrte a bk n the subject entitled The Imperial Presidency. It is a term used t describe the mdern executive branch, and the uncnstitutinal pwers the ffice has gained since the early 1900 s. The bk itself was written as a result f Schlesinger's bservatins f recent presidents f his time, including Nixn, Clidge, and Rsevelt, and cmmented in particular n abuses f executive pwer in regards t the armed frces. Recently, the Imperial Presidency term has cme int usage nce again fllwing the Gerge W. Bush administratin, which tk many actins qualifying it as an Imperial Presidency. The President wields an enrmus amunt f pwer. Veting bills in and f itself invests an enrmus amunt f pwer in the president. As the number f staff members has increased, s has the amunt f peple with persnal lyalties t the president, thus increasing the influence the president has ver his cabinet even further. The cnstitutinal bundaries f the president d nt restrict them, because f the pwers that the president invkes are ften executive in nature. Frm executive rders t executive privilege the president invkes many pwers nt granted them in the Cnstitutin. During Nixn's presidency, the use f executive privilege t cnceal the cntents f tapes recrded in the val ffice was specifically declared uncnstitutinal, yet bth President Bush and Obama have invked it n several ccasins, usually when cncerning the military. Even thugh the president has many pwers inherent thrugh the Cnstitutin, the extent t which he stretches them is ften called int questin. Gerge W. Bush is ne example f that. Bush is ften thught f as an Imperial president as his presence in the Middle East was unprecedented and unsupprted with such ferment in his tw term presidency. Many cnflicts were nt fficially wars, as they were n terrrists, and nt quite a plitical grup. The decades f war far surpassed the few mnths that a president is allwed t have nn-verified presence in a freign cuntry n a military basis. Thrughut much f this century, the President has been the great engine f demcracy The President was suppsed t exercise great pwer t meet his gals In the wake f the Vietnam War and Watergate, hwever, Cngress reasserted itself against what came t be seen as an Imperial Presidency The Imperial Presidency suggested that presidential pwer had grwn excessive ( imperial ) Respnse: Ecnmic grwth necessitated a strng executive branch Cngress itself delegated strng pwers t the executive branch, esp. in area f freign plicy Areas f abuse War pwers Cnstitutinal cnflict f Cngress' pwer t declare war vs. President's pwer as Cmmander-in-Chief. In the 18th century, Cngress had mre time t deliberate war issues; in the mdern era, hwever, Presidents have argued that they need mre flexibility t meet rapidly changing cnditins. Presidents have sent trps withut a cngressinal declaratin f war mre than 125 times. This has happened very frequently since Cngress has in fact generally gne alng with these peratins, and has f curse funded them, as well. When public pinin turns against the peratins, hwever, Cngress has ften respnded (e.g., Vietnam War). One f the reasns Cngress has gne alng with these peratins withut a frmal declaratin f war is that such a declaratin carries with it the transfer f great emergency pwers t the President that the Cngress may nt want t grant him. Emergency pwers In time f war r emergency, the President assumes great pwers Examples: Suspensin f habeas crpus; Cntrl f cmmunicatin and transprtatin; Declaratin f martial law; Patrit Act Use f executive agreements rather than treaties The frmer des nt require Senate ratificatin, as des the latter. The frmer are deals between the President and the head f anther natin (e.g., the destryers-fr-bases deal between FDR and Churchill in 1940). Since WWII, the number f executive agreements has vastly utnumbered the number f treaties. Between , there were > 4100 f the frmer, and less than 200 f the latter. What is particularly galling t Cngress is that treaties are ften n relatively trivial issues (e.g., archaelgical artifacts in Mexic), but executive agreements are ften n matters f great imprtance (e.g., military cmmitments t varius natins) Executive Privilege Definitin: The right f president t NOT divulge cnversatins between himself and his advisers. Presidents claim that if such cnversatins were nt privileged, advisers wuld be hesitant t give straightfrward advice. Critics claim that Presidents have abused this privilege by claiming it under the guise f natinal security. In U.S. v. Nixn (1974), the Supreme Curt stated that Presidents are in fact entitled t executive privilege mst f the time, but nt in criminal cases. Impundment The refusal f the President t spend mney that has been apprpriated by Cngress. In the past, this was dne when there was an bvius need, e.g., reducing defense spending after a war ended. Nixn, hwever, impunded funds fr plicy bjectives. Sme members f Cngress were livid that mney was nt spent when it had been lawfully apprpriated by legislatin. Such impundment seemed uncnstitutinal.

17 FOREIGN AFFAIRS LEGISLATIVE VETO CONFIRMATION OF PRESIDENTIAL APPOINTEES IMPOUNDMENT EMERGENCY POWERS WAR POWERS ACT OF 1973 APGP 5-16 CONGRESS RESPONDS TO THE IMPERIAL PRESIDENCY BACKGROUND The Vietnam War, Watergate, and the resignatin f Nixn was a reassertin f cngressinal authrity in mid-1970s President can send trps verseas t an area where hstilities are imminent withut a cngressinal war declaratin nly under these circumstances: Must ntify Cngress within 48 hurs Must withdraw the trps after 60 days (can be extended anther 30 days if the safety f the trps requires it) Must cnsult w/cngress if trps are t engage in cmbat Cngress can pass a reslutin, nt subject t presidential vet, t have the trps withdrawn Criticisms Uncnstitutinal an abridgement f the President s authrity as Cmmander in Chief Ties the hands f the President t inflexible Makes it easy n the enemy just wait days Presidents have claimed the act t be uncnstitutinal, sme have disregarded it, but there has been n lawsuit t determine its cnstitutinality. A plitical ht ptat Passage f Natinal Emergencies Act f 1976 President must infrm Cngress in advance f pwers t be used in emergencies State f emergency autmatically ends after 6 mnths President can declare anther 6 mnths f emergency, subject t cngressinal review Budget and Impundment Cntrl Act f 1974 If President impunds funds temprarily (deferral), either huse can verride If President impunds funds permanently (rescissin), that act is autmatically vided unless bth huses f Cngress apprve within 45 days Establishment f Cngressinal Budget Office (CBO) as a check n OMB Cngress given three additinal mnths t cnsider the President s prpsed budget Senatrial curtesy a lng-established practice: if President makes an appintment within a state, he will cnsult with the tw senatrs f that state Much clser scrutiny given by Senate t appintments Rule f fitness seems t n lnger be sufficient; nw a nminee s plicy preferences are fair game fr much mre senatrial scrutiny than befre Lng cnfirmatin delays (thrugh use f the hld ) f years with sme f Clintn s judicial nminees due t the belief that the nminees were t liberal/ut f the judicial mainstream. Demcrats in Senate returned the favr in the Bush Administratin by delaying cnfirmatins. In the past: Cngress passed a law, the relevant executive agency issued regulatins t enfrce the law, Cngress culd then analyze thse regulatins and vet them if it s desired. The legislative vet was a way f frcing the bureaucracy t cnfrm t cngressinal intent. In the case f INS v. Chada (1983), hwever, the Supreme Curt declared the legislative vet t be an uncnstitutinal vilatin f separatin f pwers. Use f apprpriatins pwer t influence freign plicy in the 1970s and 1980s: Cngress cut ff aid t Suth Vietnam, Angla, and the Cntras. Cngress tried t frce Bush 43 int a deadline fr withdrawing trps frm Iraq by using funding as a lever. Extensive debate ver U.S. invlvement in the Gulf War. Althugh Bush did nt use the War Pwers Act, he did g t Cngress t get its apprval fr U.S. actin. Cngress gave strng supprt t Bush s war n terrrism. Extensive debate ver US invlvement in war against Iraq in Althugh Bush did nt use the War Pwers Act, he did g t Cngress t get its apprval fr U.S. actin. Increasing criticism ver war in Iraq. Criticism f Patrit Act and secret dmestic surveillance prgrams f NSA withut ging thrugh Freign Intelligence Surveillance Act curt fr prir apprval.