Govt Notes For Test 2

Cook Spring 2012

Bill of Rights
1st Amendment - Protects Our Freedom of Expression Speech, Press, Religion Speech Pure Speech = Protected by Constitution can say anything you want as long as you dont cause a riot or breach of peace (fighting words) allowed in public forums such as: sidewalks, schools when not in session Speech and Conduct = Somewhat protected by the constitution Picketing, Open Speech, Demonstartions Symbolic Speech = Some Protection (the least amount of protection) Burning the US Flag Freedom of Press Prior Restraints (Censorship) NOW: you can not tell the press that they can not cover or publish something Obscenity = NO protection for obscenity Freedom of Religion 2 Major Clauses Free Exercise Clause - Government can not tell you that you have to worship What if religion teaches you to engage in practices that are illegal? polygamy... Establishment Clause - Law that separates church and state 2nd Amendment - Right to Bear Arms Grants US Citizens individual rights 3rd Amendment - Restricting the Quartering of Troops 4th Amendment - Restricting of Unreasonable Searches and Seizures Exclusionary Rule of Mapp vs. Ohio Mapp vs. Ohio - Ruled that evidence obtained without the proper search warrant would not be admitted into the court cases 5th Amendment - Protects from Self-Incrimination Again a part of the protection of this amendment comes from the Exclusionary Rule

Other 5th Amendment Protections Grand Jury Indictment Prohibits Double-Jeopardy Property Cannot Be Taken Without Compensation 6th Amendment - Right to Counsel Gideon vs. Wainwright (1963) State Courts are required to afford attorneys for felony cases Later expanded to all cases Other 6th Amendment Protections Right to Confront a Witness Right to Call Defense Witnesses Right to Know Charges Right to a Speedy Trial 7th Amendment - Right to a Jury Trial in civil Cases 8th Amendment - Prohibits Excessive Bail and Fines/ Prohibits Cruel and Unusual Punishments Furman vs. Georgia (1972) This system of sentencing people to the death penalty was ineffective according to the 8th Amendment Gregg vs. Georgia (1976) This system of sentencing people to the death penalty was declared effective according to the 8th Amendment 9th Amendment - This Is Not an Exhaustive List The Founders acknowledged that more rights would need to be added as discovered 10th Amendment - Reserves to States All Powers Not Given to National Government By the Constitution 13th Amendment - Abolished Slavery 14th Amendment - Granted Former Slaves Citizenship Laws Due Process Clause - Led to Selective Incorporation (nationalization) of the Bill of Rights Right to Privacy Roe vs. Wade Norma McCorvey = Jane Roe Griswold vs. Connecticut Connecticut declared it illegal to educate and contribute to contraception. Planned Parenthood disobeyed and was sued by the state of Connecticut only to lose declared their law unconstitutional. Equal Protection Clause Basis for Civil Rights 15th Amendment - Black Men Given the Right to Vote 17th Amendment - Direct Election of Senators 19th Amendment - Right to Vote for Women

23th Amendment - Right to Vote for Presidential Election for the District of Columbia (Washington D.C.) 24th Amendment - Abolition of Poll Tax 26th Amendment - Right to Vote for Persons 18 and older

Congress
Bicameral Senate considered more Elite Class House is more of the Commoner Class

Nature of Representation
1. Delegate Theory - Representation is taken literally (Voting the way the majority that elected you would) 2. Trustee Theory - Representatives should vote their own convictions (Voting is based on their astute judgement on the subject) 3. Politico -Functions as a delegate or a trustee based on the wishes of those back home 4. No National Representatives - All 535 look out for specific segments of society a. No one views it nationally

Non-Legislative Function of Congress

1. Oversight - follow up on programs already approved a. Annual appropriations processed b. Government Accountability Office (GAO) 2. Investigation a. Can be any subject matter i. Organized Crime ii. Space Exploration iii. Cereal Prices iv. Steroid use in Professional Baseball 3. Setting of Policy a. Not done during floor debates b. Occurs in the committee and subcommittee hearings 4. Advise and Consent - Senates power to accept and reject treaties and presidential appointments a. Presidential Appointments i. Ambassadors ii. Cabinet Members iii. Supreme Court Justices b. Party out of office can use this to elicit specific policy statement or to Get at party in office 5. Judicial a. Impeachment - to bring formal charges against a high federal official i. Impeached Individuals 1. Andrew Johnson

2. Bill Clinton b. Requires a simple majority vote in the House of Representatives to legitimatise the charges c. Official is tried in the senate where the vote on the fate of the individual d. if 2/3 vote to uphold charges the official is removed

Differences
Representatives 1. Almost Always Win Re-Election 2. House Members Represent Identifiable Constituencies 3. Regional Concerns - Interests are Easier to Identify 4. Accountability for decisions is more directly immediate 5. House races are less expensive than Senate races a. 1998 = $700,000 (Average Cost of Winner) 6. Constituent Service is More Important Senate 1. Usually Win Re-Elections 2. Senators Represent Everyone and No One a. Elected Infrequently and Statewide 3. More Free to be Statesmen a. Can Function as More of a Trustee 4. Elections Are Expensive Media Affairs a. 1998 = Average Cost Over 5 million (Average Cost of Winner)

Organization of Congress
1. Majority Party a. Majority Party in Each House is The One With The Most Members i. Choose the Major Offices of that Branch ii. Controls Debate On The Floor iii. Selects All Committee Chairmen iv. Has a Majority of All Committees

House Leadership
Speaker of the House: John Boehner a. Chosen by Majority Party 2. The Speakers Formal Powers a. Presides Over Debate b. Recognizes Members Who Wish Speak c. Votes in the Case of a Tie d. Interprets Procedural Questions e. Refers Bills to Committee 3. The Speakers Informal Powers a. Determines Living and Lifestyle Conditions of Representatives

Majority Leader: Eric Cantor a. Schedules Legislation for Debate on The Floor b. Mobilizes Party Voting Strength Majority Whip: Kevin McCarthy a. passes information between the leadership and the members b. makes sure members know when votes are coming and how to vote Minority Party Leader: Nancy Pelosi Minority Whip: Steny Hoyer

Organization in The Senate

President of the Senate -Vice President of the United States: Joe Biden a. presides over debate b. votes in case of a tie President Pro Tempore: Daniel Ininouye a. honor given to the majority party member who has served the longest in the senate b. may preside over debate in the absence of the vice president Majority Leader: Harry Reid 1. Like the Speaker of the House a. Schedules Debates b. assigns bills to committees c. coordinates pasty policy Majority Whip: Dick Durbin Minority Party Leader: Mitch McConnell Minority Whip: Jon Kyl

Committees
1. Standing Committees - basic unit of congress focus specific subjects a. parallel agencies of the government b. House has 20 c. Senate has 17 2. Subcommittees are further division of government a. House has 106 b. Senate has 73 3. Conference Committees a. temporary with House and Senate Members made to iron the kinks out of bills that are similar in both houses 4. Joint Committees

a. permanent bodies with both representatives and senators b. usually coordinate policy on routine matters c. These can be important such as the Joint Economic Committee

Informal Norms/ Rules

1. Courtesy 2. Seniority a. Chairman of the committee is the majority party member who has serverd longest on the committee b. favors members from 1 part regions c. provides for predictable succession (prevents conflict) d. rigid and unresponsive but experienced person for the job 3. Specialization a. once assigned to a committee or subcommittee you specialize in its work and become and expert in that area 4. reciprocity a. look for guidance outside your field from someone in your party that specializes in that area

Constitutional Requirements of Congress

House: 25 years old Citizen for 7 years Senate 30 years old Citizen for 9 years

Other Requirements
1/3 of senate are millionaires 1/6 of house are millionaires all of congress is college educated no blue collar workers in congress 1/3 of American workers are Blue Collar 2012 House: 16% Women 9% Black 4% Hispanic 2012 Senate: 17% Women 0% Black 2% Hispanic White Non-Hispanic Males = 40% of the population But 66% of the House are White Non-Hispanic Males And 72% of the Senate are White Non-Hispanic Males America thinks that 1/2 of Congress is corrupt, but we re-elect the same members each year

2006 - 94% of House Re-Elected 2006 - 79% of Senate Re-Elected

Advantages of Incumbency
1. Better Known a. Name Recognition 2. Constituent Service (Case Work) 3. Franking - Free Mail 4. Pork Barrel a. Federal Funds to be spent in your state or district 5. Media Attention a. Congress has TV studios and production equipment b. Press Secretaries

If You Want to Be Elected

find an open seat run where there is no incumbent especially true for the house less true for senate because more well know people run for senate positions

Media Campaign
New Type of Candidate Media Candidate must appear poised and articulate on TV High TVQ We now elect people more based their on Media Skills These may not be the same skills that you need to be a good lawmaker

Campaign Financing
Media Campaigns are expensive House = 700,000 Senate = 5 million Money comes from individuals and PACs Senate = individuals House = PACs PACs give money to the incumbents What are campaign donors buying? Should we have public financing? Should we have limitations on spending? Who would limitations on spending hurt? Challengers who spend money to try to beat incumbents

Congress in Perspective
Founders wanted Congress to be the dominant branch. Congressional powers have declined and executive powers and increased because of CRISIS MANAGEMENT!

President
Elected by the entire nation Stands as a symbol of the national government and the nation

Sources of Power 1. Delegated Powers- Powers implied by the specific grants of power 2. Inherent Powers- Powers not listed in the constitution but are necessary for the president to do his job

Job Description of the President

1. Formal Qualifications a. Natural Born Citizen b. 35 Years Old c. Resident for 14 Years d. Tenure - 4 year terms i. No Term Limit at First ii. Washington Established the precedent of only serving 2 terms iii. FDR broke the tradition when he was elected to his third term e. 22nd Amendment (1951) - Limits president to 2 terms or 10 years 2. Succession a. President duties shall devolve on the vice-president b. Congress determines succession i. Presidential Succession Act of 1947 1. President 2. Vice- President 3. Speaker of the House 4. President Pro Tempore 5. Secretary of State ii. Has never gone farther than VP iii. 25th Amendment - if the VP position should fall open the President must appoint a new VP and Congress confirms 1. Nixon-Agnew 2. Nixon - Ford 3. Ford - Rockefeller 3. Rewards a. $400,000 salary b. public glories that reflect national strength and pride i. Air force One ii. Secret Service

Presidential Roles
1. Chief of State (Head of State) a. Perform ceremonial functions

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6.

i. Personification of America b. Power to Pardon - to express the sympathetic spirit of the nation c. Strange that the Chief of State and Chief Legislator are not separated 1. Examples: Great Britain Symbol = Queen/ Political Leader = Prime Minister Chief Diplomat a. Constitutional Powers to appoint ambassadors (requires congressional approval) b. Sign Treaties (requires congressional approval) c. Establish Relationships with Foreign Nations d. Over Time Power Dramatically Increased e. President has become the chief maker of US Foreign Policy f. fewer checks on his power in foreign policy i. because of lack of knowledge, apathy, and people rally around the president when it come to war and other foreign relations g. Executive Agreements - agreements between heads of state having the force of law, but dont require senate confirmation h. Case Act - 1 year congression view of an executive agreement i. all presidents see it as unconstitutional Commander in Chief a. principle of civilian supremacy over the military b. source of most of presidents international prestige c. military can be used domestically i. Example: Kennedys forced integration of University of Mississippi and Roosevelts Japanese Internment Camps Chief Executive a. complete charge of huge federal bureaucracy b. this power comes from the constitution The executive power shall be vested in the President c. By appointing 300 top level cabinet administrators i. Cabinet, sub-cabinet, agency heads Chief Legislator a. Constitution gives the president the power to present bills to congress b. state of the union address is where the president announces his annual legislative programs c. now 80% of bills passes come from the executive branch d. requires presidential support in congress - pork barrel, campaign support, and nation - going public e. main power is to veto f. veto can be overridden by a 2/3 vote in both houses (rarely happens - 3%) g. we usually judge a president based on their success as legislators Party Leader a. head of political party b. major duties i. choose vice president after nomination (balance the ticket) ii. distribute 2000 jobs to party faithfuls iii. attempt to fulfill the party platform function as partys chief campaigned

and fundraiser

Executive Office of the President (EOP)

est. 1939 to advise the president and help him in managing the bureaucracy White House Office Presidents Personal Staff Drawn from the president's campaign staff not subject to senate approval serve at the presidents will Staffers High Rule of Propinquity - Power is held by the people in the room when the decision is made

Nation Security Council

created in 1947 helps the president coordinate military and foreign policy established in response to the rejection of isolationism

Office of Management and Budget

main purpose is to prepare the budget helps the president control the bureaucracy by overseeing all the agencies and their success in programs

Cabinet
Composed of the heads of 15 major departments of the federal government president appoints heads, confirmed by senate serve at the presidents will may go native adopting the ideas of the agency they serve instead the president

James David Barbers Presidential Typology

An Attempt to categorize presidents by focusing on their personality Baber looks at : Work Style Active Passive Enjoyment of the Job positive negative Active Positive Presidents Bush (senior) JFK Clinton Active Passive Reagan

Taft Harding Active Negative Johnson Wilson Nixon Passive Negative Eisenhower The Worst Type is Active Negative