AP US GOVERNMENT & POLITICS UNIT 4 REVIEW

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1 AP US GOVERNMENT & POLITICS UNIT 4 REVIEW

2 INSTITUTIONS OF NATIONAL GOVERNMENT

3 If unit 3 was about linkage institutions, unit 4 is about policymaking institutions.

4 Legislative Branch: Makes the laws. This includes the House of Representatives and the Senate. (Article I of the Constitution) Executive Branch: Executes, enforces, carries out the laws. This includes the presidency and also federal bureaucracies. (Article II of the Constitution) Judicial Branch: Interprets the law. This includes the Supreme Court and other federal courts. (Article III of the Constitution)

5 However, powers aren t just divided, our national institutions are established in a manner to check and balance each other s influence.

6 You need to go back and read this PowerPoint This PowerPoint uses the case study of the Affordable Healthcare Act to describe the way in which institutions work.

7 Congress is bicameral CONGRESS

8 Similar to other political offices, Congressional incumbents tend to get elected (or reelected). The electoral advantages of incumbency: Name recognition / they are already well known Franking privilege allows them to send mails newsletters for free to their constituents They know their constituents, often Congressmen travel back home and meet with people from their district Ties have been established to a political party and various interest groups which can provide campaign financial support Credit claiming They have a legislative record / list of achievements they can present to voters Case work: when Congressmen help constituents as individuals, perhaps cutting through government red tape or bureaucratic paperwork to deliver them a personal favor. Pork barrel: Congressmen bring home the bacon to their districts or states by getting government projects & contracts awarded in their area.

9 With the power of incumbency, how can a non incumbent ever expect to win? Winning a Congressional seat as a non incumbent: Open seats (the incumbent chooses not to seek reelection) New district boundary lines due to reapportionment may make a safe seat more competitive A scandal for the incumbent A critical election or landslide election for the party in opposition

10 Congressional Leadership HOUSE OF REPRESENTATIVES Speaker of the House: Leader of the House, second in line for the presidency. The Speaker is chosen voted on by House members (the majority party wins on who they want!) Preside over the House when it is in session Exercise control over which bills get assigned to which committees Play a major role in making committee assignments Play a major in selecting party leadership in the House

11 After the Speaker is selected House members conference with members of their political party to pick their own leaders. Floor Leaders: (beside the Speaker for the majority party) the floor leader is in charge of leading and crafting their party s agenda in the House. Party Whips: Whips assist floor leaders by whipping into shape junior House members of their party to vote a certain way on proposals.

12 SENATE Leadership in the Senate is somewhat more predetermined. President of the Senate: The Constitution automatically assigns the Vice President to this role. The VP / Pres. of the Senate only gets to vote in the Senate if there is a tie. VPs often help push the president s agenda to senators, however Senate pro tempore: presides over the Senate when the VP is not there, by tradition it is the senator from the majority party with the most seniority; 3 rd in line for the presidency.

13 However, floor leaders and party whips are voted on in both the majority and minority party conferences. These Senate leaders serve the same purpose as their counterparts in the House.

14 Congressional leaders for both parties (majority & the minority) often have difficult persuading their members to do what they want. WHY? They represent different districts and states, thus different interests. Each lawmaker wants to get reelected, and what s best for them may not be best for the leadership. Sometimes junior lawmakers use their vote as bargaining power for pork.

15 Congressional Organization Although both houses are designed to make laws there are some organizational differences: Differences: House Rules Committee: where members (usually appointed by the Speaker) decide when to schedule debates and votes on bills, the traffic cop of the House. The Filibuster: unlike the House, Senators may debate as long as they like on a proposed bill. This is a tactic used by the minority party to prevent the majority from getting things done.

16 Similarities: Caucuses A group of lawmakers from both the House and Senate who share a common interest (i.e. Congressional Black Caucus, Tea Party Caucus). The use of committees They are policy specific groupings of lawmakers (i.e. Foreign Affairs, Energy & Commerce) They serve as gatekeepers for passing legislation onto the rest of the House or Senate They can provide legal oversight after legislation has been passed

17 Different types of committees: Standing: each house of Congress has their own policy specific committees, often with even more detailed policy groupings called subcommittees. Joint: includes members from both houses on policy specific issues. Conference: a temporary committee that includes members from both houses for the purpose of working out the differences on a proposed bill. Select: committees sometimes temporary sometimes permanent that have a focused responsibility that goes beyond what a standing committee can handle, usually investigative in nature instead of legislative. Both houses have them.

18 Support Staff Agencies To help Congress carryout its work are support staff agencies comprised of hundreds of unelected and nonpartisan (or bipartisan) officials. Congressional Research Service Government Accountability Office (GAO): it audits and evaluates government activities / spending. Congressional Budget Office (CBO): provides economic data to Congress, especially predicted outcomes of budget scenarios.

19 How does a bill become a law?

21 Obstacles (other factors) to the lawmaking process: Interest groups Special interests often write and craft their own bills for Congressmen. (However, only a member of Congress can officially submit a bill for consideration!) Single interest groups will attack or support a candidate if they vote the wrong or right way, respectively. The president (Although a member of the executive branch, modern presidents attempt to set the nation s policy agenda and frequently compel lawmakers to do as they want). Cumbersome rules & strategies Partisanship Polarization

22 THE PRESIDENCY Despite having three co equal branches of government, Americans tend to view the president as the symbolic leader of our nation. As a result, we expect more out of them and the media pay closer attention to what they do. Ironically presidents don t have as much influence as we think they do to do all that is expected of them. Why? Checks and balances (Congress & the courts can stand in their way) Congress controls spending Our free market economy (the government has few tools to manipulate economic prosperity) Era of Divided Government Foreign policy success depends on the actions of people/countries the president has no control over Public sentiment thinks government has too much power

23 Due to the increasing responsibility the public has put on the presidency it is often said he wears many hats. Chief of State Leader of their Party Commander in Chief Chief Diplomat Chief Legislator

Although the Legislative Branch creates the nation s laws the system of checks and balances allows the president some legislative power: They can sign or veto proposed legislation

political agenda they must take on the role of legislator to get this agenda enacted into law. How do they get what they want when dealing with Congress? It helps to.

24 Although the Legislative Branch creates the nation s laws the system of checks and balances allows the president some legislative power: They can sign or veto proposed legislation The Constitution requires they give a State of the Union report to Congress, as a result they make policy suggestions Since presidents are elected for promising some sort of political agenda they must take on the role of legislator to get this agenda enacted into law. How do they get what they want when dealing with Congress? It helps to... utilize the Honeymoon period; midterm elections usually result in victories for the opposite party have a Congress controlled by one s party have public approval and support have legislative skill / charisma

Qualifications: natural born citizen, 35 years of age, have resided in the U.S. for 14 years. How do you get to be president: win the Electoral College, take over for someone who has resigned or died.

25 Qualifications: natural born citizen, 35 years of age, have resided in the U.S. for 14 years. How do you get to be president: win the Electoral College, take over for someone who has resigned or died. How do presidents leave: they die, resign, lose reelections, and are term limited. What about impeachment? Impeachment: to be charged with wrong doing. The House of Representatives has the power to impeach the president with a majority vote for treason, bribery, or other high crimes and misdemeanors. (This has happened twice). The Senate can convict the president and remove them from office with a 2/3rds majority vote. (This has never happened).

26 Amendments affecting the presidency 12 th 22 nd 25 th Provides an updated procedure for electing the president & VP (1804); prior to this the candidate with the most votes became president, and 2 nd place became VP Presidential term limits (1951); they can only serve 2 terms (1967) Permits the VP to take over the presidency if the president cannot do the job (i.e. death or determined to be incapacitated by the Cabinet).

27 The expressed powers of the presidency are outlined in Article II of the U.S. Constitution the Framers gave the presidency very few powers. Why? They feared a monarchy.

28 However, presidential power has expanded since our nation s founding. We expect them to do more. However, presidential power began to wane in the 1970s. The Vietnam War and Watergate persuaded people the office had become too powerful and the imperial presidency had to end. Congress reasserted itself and with an era of divided government most presidents have had to work with a Congress controlled by a different political party. Example of these new limits on presidential power: The War Powers Resolution, 1973: made it more difficult for presidents to carryout war without Congressional approval

Bureaucracy: a large, complex administrative structure that handles the everyday business

29 In order to govern and administer a nation of millions the president has a bureaucracy to aid him in this task. Bureaucracy: a large, complex administrative structure that handles the everyday business of an organization. As our country has expanded, increased in prominence on the world stage, and taken on more responsibilities so has the size of the bureaucracy.

Bureaucrats are the worker ants of our government.

they are the individuals Americans are most

a clerk at the Social Security Administration).

slow and inefficient part of the government that

30 Bureaucrats are the worker ants of our government. Although they have low visibility in the media, they are the individuals Americans are most likely to come into contact with when dealing with government (i.e. National Park ranger, postal workers, a clerk at the Social Security Administration). However, Americans tend to view bureaucracy as a slow and inefficient part of the government that wastes money and associate it with unnecessary regulations and red tape, which obstruct Americans.

31 What does the federal bureaucracy do? Implement Carries out the policies / laws passed by the government. Regulate The use of governmental authority to control or change some practice in the private sector. The Postal Service (USPS) is told to no longer to deliver mail on Saturdays. The Environmental Protection Agency (EPA) requires companies to report and register the pesticides they use.

The president has the ability to appoint about 500 high level bureaucratic positions and another 2,500 lower level positions (Some of which need Senate

32 The president has the ability to appoint about 500 high level bureaucratic positions and another 2,500 lower level positions (Some of which need Senate confirmation checks and balances!), as a result he can hand pick loyal supporters and individuals who are willing to help him carryout his policy objectives.

The Federal Bureaucracy Organization Executive Office of the President Executive Departments / Cabinet Independent Agencies Council of Economic

33 The Federal Bureaucracy Organization Executive Office of the President Executive Departments / Cabinet Independent Agencies Council of Economic Advisors White House Office OMB Defense Education Agriculture Government Corporations Independent Regulatory Commissions Interior Independent Executive Agencies

34 Major policymaking bodies in the Executive Office of the President: National Security Council (NSC): advises the president on all issues that relate the nation s security. (Members of the NSC include the vice president, secretaries of state and defense, and the NSC advisor) Council of Economic Advisors: a three member body that advises the president on economic policy. Office of Management & Budget (OMB): the office prepares the president s budget and reviews proposals and regulations being put forth by other departments.

35 The Cabinet / Executive Departments Less intimate to the president is the Cabinet: various departments that focus on a particular agenda / topic the president is supposed to oversee. The president nominates the heads of each of these departments, known as Secretaries. (Only the head of the Justice Department is not known as a secretary, he/she is called the Attorney General).

36 The Cabinet has expanded overtime to address new political issues.

37 Government corporations: these are set up by Congress, but are under Presidential control to carry out businesslike activities. Ex: USPS, Amtrak. Independent regulatory commissions: have the responsibility for making and enforcing rules to protect the public interest in a particular sector of the economy, as well as for judging disputes over these rules. Examples: FCC, the Fed, FTC, SEC Government Corporations Independent Agencies Independent Regulatory Commissions Independent executive agencies: these are organized like Cabinet departments, but often have less prestige or importance. Ex: NASA. Independent Executive Agencies

38 Challenges for bureaucracies: Lack of resources, caught up in the Iron Triangle, standing operative procedures, turf wars The sad future of the federal bureaucracy: Deregulation: the lifting of government restrictions on business and industry; less for them to do. Privatization: Instead of a government agency a private contractor is used, often for the purpose of saving money and sidestepping bureaucratic red tape. The number of government employees in the public sector has steadily increased, but... The number of federal government civilian employees has shrunk (only 2% of the total civilian workforce) The number of state and local public employees has increased. Remember devolution!

There are only two: 1) to preside over the Senate.

39 What about the Vice President? The U.S. Constitution lays out the responsibilities of the Vice President. There are only two: 1) to preside over the Senate. 2) to help decide the question of presidential disability. However, since the mid 1970s presidents began to rely more on their VPs. How? Provide political advise Help push the president s agenda in Congress They continue to help balance the ticket

40 You need to go back and read this PowerPoint It is CRITICAL that you understand how the federal budget is shaped.

41 THE FEDERAL COURTS

42 Where do federal cases begin? District Courts 90 plus courts Original jurisdiction Court of Appeals 12 courts Appellate jurisdiction Supreme Court Only 1 Original & Appellate jurisdiction

43 District Courts Most federal cases begin here. Usually only one judge presides over the court (However, each district court has multiple judges depending upon how much case work there is in that territory). Important players: Federal magistrates: issue warrants for arrest, set bail (kind of like a judge they assist the district judges) U.S. Attorneys: nominated by the president they prosecute violators of federal law

Court of Appeals Its purpose is to focus on correcting errors of procedure and law that occurred in original proceedings; thus unlike District Courts there is no trial & testimony.

44 Court of Appeals Its purpose is to focus on correcting errors of procedure and law that occurred in original proceedings; thus unlike District Courts there is no trial & testimony. It serves as a gatekeeper to the Supreme Court weeding out cases that ought to be reconsidered. Cases are heard by rotating judges, but occasionally 3 judges will sit and review a case together.

45 The Supreme Court The highest court in the land and it has the final say in all legal matters. Most cases arrive through appeals, but it also has original jurisdiction. (In other words a case can begin there, but for the most part one arrives after someone appeals what an appeals court has said).

46 Federal judges are appointed, not elected The president attempts to select a nominee that shares their constitutional philosophy, but also one that can survive Senate confirmation. Unlike lower court nominations which have often been unanimously approved, in recent decades Senate approval has been partisan. Federal judges do NOT have to worry about a term, they serve for life (i.e. during good behavior ) and can only be removed through impeachment.

This is an example of the president s and

Judiciary Committee and then Senate confirm the

47 This is an example of the president s and Congress judicial power The President The Senate Supreme Court The President nominates someone to the federal judiciary The Senate Judiciary Committee and then Senate confirm the nominee The individual becomes a member of the federal court system

48 Selecting a judge for the... The Lower Courts (District & Appeals): Presidents nominate a judge of their choosing, but do so under senatorial courtesy: If a Senator from a state where the judge will serve (and also from the same party as the president) objects to the nomination other Senators will align with that Senator out of courtesy and refuse to confirm the nomination. As a result, president usually work with home state senators and ask for suggestions when making lower court nominations. Senatorial courtesy tends be strongest for district appointments, not appeals court appointments.

matters both the Senate, the president, and various political interests

49 The Supreme Court: Presidents do not have senatorial courtesy obstructing their Supreme Court nominations, but since the court has the final say in all legal matters both the Senate, the president, and various political interests (political parties, interest groups, etc.) have a vested interest in who gets nominated.

How do the federal courts (judicial branch) affect American policy?

courts make policy by making decisions on disputed matters.

50 How do the federal courts (judicial branch) affect American policy? They interpret the Constitution as well as the actions of the legislative & executive branches. Therefore, unlike other policymakers who create policy out of thin air, the courts make policy by making decisions on disputed matters. Permitting openly gay soldiers to serve in the military Pass a law that opens trade with Cuba In Brown v. Board of Education segregation was found unconstitutional

Getting your case heard in federal court Federal cases involve constitutional issues and cases where the parties are government agencies or states.

51 Getting your case heard in federal court Federal cases involve constitutional issues and cases where the parties are government agencies or states. It is almost impossible for district courts to turn down a case for federal cases are supposed to begin with them! Courts with appellate jurisdiction (Appeals, U.S. Supreme Court) have more flexibility. 8,000 cases are appealed to the Supreme Court each year, the Court usually only chooses to hear a few hundred. In order to be heard at the Supreme Court four of the justices must agree to hear it rule of four. When the SC decides to hear a petition or bring up a case from a lower court (using their appellate abilities) they are granting a writ of certiorari.

How do they decide what to hear? Rule of four (Supreme Court) if they can t get 4 justices to want to hear its probably not worth it. Issues involving civil liberties get a lot of attention.

52 How do they decide what to hear? Rule of four (Supreme Court) if they can t get 4 justices to want to hear its probably not worth it. Issues involving civil liberties get a lot of attention. Issues where litigants have a serious interest in the outcome in the case (standing to sue). They try to avoid topics that are too hot or too political. They tend to take the requests of the U.S. solicitor general: They represent the side of the federal government in the U.S. Supreme Court when the government is one of the litigants A top ranking official in the Justice Department Presidential appointee

53 Making a decision on cases The Supreme Court s decision and the legal reasoning behind it is called the opinion of the court (also called the majority opinion). Not all justices may agree with the decision and choose to write their own opinion. Concurring opinion: a justice s opinion who AGREES with the court s decision / majority opinion. Dissenting opinion: a justice s opinion who DISAGREES with the court s decision / majority opinion.

54 The Supreme Court ultimately decides on less than 100 cases a year, often they return the case back to a lower court or like the appeals courts will settle on the principle of stare decisis they will let the decision stand from the previous lower court.

power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional.

55 Generally, judges don t like to create policy, but as a result of their decisions they do affect public policy. Judicial restraint: a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional. Judicial activism: describes judicial ruling suspected of being based on personal or political considerations rather than on existing law.

56 Court History Various court eras exist where some issues and decisions have been more prominent than others: : issues dealt with slavery and the strength & legitimacy of the federal government. Cases often resulted in the favor of the supremacy of the federal government (i.e. McCulloch v. Maryland) : issues dealt with the relationship between the federal government and the economy; the Court usually restricted the government s power present: issues have dealt with personal liberty and social and political equality. The court has expanded the scope of personal freedom and civil rights and given more flexibility to government s ability to regulate the economy.

57 In recent decades shorter periods of judicial activity where there has been a consistent constitutional viewpoint by the Supreme Court they have been labeled by the Chief Justices who presided over them the present Warren Court Burger Court Rehnquist Court Roberts Court Liberal Brown v. Board of Education Gideon v. Wainwright Conservative, but... Conservative Conservative, but...

AP AMERICAN GOVERNMENT UNIT 5: GOVERNMENT INSTITUTIONS FRQ s

AP AMERICAN GOVERNMENT UNIT 5: GOVERNMENT INSTITUTIONS FRQ s CONGRESS 1. Article I of the Constitution discusses the powers of Congress. a. Define the EACH of the following powers: Expressed Implied Non-legislative