Lesson 24: How Are National Laws Administered in the American Constitutional System?

Purpose Departments, agencies, and bureaus that administer laws (bureaucracy) touch every aspect of American life. This lesson examines the role of administrative departments and agencies in America’s national government.

Objectives Explain why Congress create administrative units, the circumstances that contribute to their creation, and the range of governmental functions that administrative perform. Identify some of the checks on the exercise of administrative power. Evaluate, take and defend positions on public administration in the United States.

Terms to Know bureaucracy  Governmental departments and agencies and their staffs, principally civil service members and political appointees.    cabinet  The group of advisors to the president composed of the heads of the departments of the executive branch and certain other officials. Cabinet advice to U.S. presidents is not binding, as opposed to parliamentary systems, where the consensus of cabinets is said to bind prime ministers. civil service  Employment in federal, state or provincial, and local governmental agencies. The civil service was formed in an effort to reduce political patronage and promote professionalism in government.    independent agencies  Administrative organizations located outside the structure of executive departments.   

Kinds of Administrative Units Executive Departments Congress directs each to administer certain laws / President appoints each secretary, or “head” (Cabinet) Currently 15 departments, each head in line of succession Executive Office of the President (EOP) Created in 1939 to help with budgeting, personell management, and natural resources planning. Includes: White House Office, Office of Management & Budget, Council of Economic Advisors, National Security Council

Kinds of Administrative Units Independent Agencies Located outside structure of Executive Departments Granted quasi-legislative regulatory powers Ex) Environmental Protection Agency (EPA), Peace Corps Others Federal Emergency Management Association (FEMA) Was independent agency, now part of Dept. of Homeland Security US Postal Service Government corporation Federal Communications Commission (FCC) Designed to enforce regulations of the industry

Administrative Organizations Quasi-legislative powers delegated to implement broad congressional mandates. Rules published in Federal Register Some units granted quasi-judicial powers Hearings held to resolve disputes Example: IRS Makes & Enforces rules about tax collections. Also holds hearings for those accused of violations. Administrative Procedure Act (1946) Established rules to implement laws, requires public notice / hearings, permits judicial review of administrative decisions

Contributing Factors Growth in response to demands placed on gov’t Ex) Industrial Revolution lead to Dept. of Commerce and Labor, Interstate Commerce Commission, and Federal Trade Commission Great Depression / New Deal FDR creates significant growth in federal bureaucracy in response to national crises Cold War Dept. of Defense, National Security Council, CIA…

Contributing Factors Reduction 9/11 Starting in 1970s, many commissions and boards abolished Ex) Interstate Commerce Commission 9/11 Terrorist attacks result in creation of Department of Homeland Security

Staffing Administrative Agencies Civil Service 1883 – Patronage substituted for merit-based system / administrative class insulated from politics Congress sill establishes office requirements, performance standards, wages, benefits, & “whistle-blower” protections Hatch Act (1939) Parties prohibited from pressuring workers to contribute or work for candidates in exchange for job security President makes appointments to key leadership positions Helps ensure bureaucracy enacts his policy agenda With new administration’s usually complete change in leadership

Checks & Balances The President Congress Appointment power rewards loyalists / advances agenda Executive Orders – directs agencies to take certain actions Congress Creates, consolidates, or eliminates agencies Senate confirms high-level appointees Statutes direct agency actions Appropriates funding Congressional Oversight Ex) review budgets, investigate actions

Checks & Balances Courts Federalism Citizens, Interest Groups, Media Decide whether agencies violate 14th Amendment due process & equal protection requirements Requires Congress to clearly define agency standards Federalism If state and national policies differ, states sometimes resist or refuse to comply with standards (ex. Education reform) Citizens, Interest Groups, Media Those directly affected by public policy ca monitor actions, report complaints, or investigate issues regarding problems and injustice in the bureaucracy

Lesson 25: What Is the Role of the Supreme Court in the American Constitutional System?

Purpose As opposed to English tradition, the Constitution provides for an independent judiciary. Hamilton considered it “least dangerous branch” because it depends on other branches to enforce its decisions. This lesson examines how the Supreme Court has become a coequal branch of the national government and describes some of the institutional checks on its power.

Objectives Explain the difference between the Supreme Court’s original and appellate jurisdiction. Explain the four methods of constitutional interpretation. Explain how America’s system of checks and balances limits the power of the Supreme Court. Evaluate, take, and defend positions on issues relating to the role of the Supreme Court in the constitutional system.

Terms to Know advisory opinion  In some judicial systems, a formal opinion on a point of law given by a judge or court when requested by a legislature or government official.    appeal  The bringing of a court case from a lower court to a higher court in an attempt to have the lower court's decision reversed. Grounds for appeal include errors of law, fact, or procedure.    appellate jurisdiction  The legal authority of a court to hear appeals from a lower court.    jurisdiction  The power or authority to hear cases and make decisions.    landmark decision  A legal decision that constitutes a turning point or stage. Brown v. Board of Education (1954) is an example of a landmark decision.   

Terms to Know litigant  A party involved in a lawsuit.    methods of constitutional interpretation  Interpretive methods employed by U.S. Supreme Court justices when considering constitutional issues of some cases. See strict construction, original intent, fundamental principles, and instrumentalism    original jurisdiction  In some cases, such as those in which a state is a party, the Supreme Court has the right to consider the facts and the law in a case without it having first been passed on by a lower court.   writ of certiorari  A type of writ seeking judicial review of a legal decision.   

Constitutional Powers of the Supreme Court Article III Created Supreme Court, Congress has power to create inferior courts. Life tenure for all Federal Judges Jurisdiction over cases arising under national law and involving citizens from more than one state. Trial by jury in all criminal cases except impeachment Power of judicial review, deciding whether acts of Congress, executive, state laws, or state constitutions violate US Constitution

Constitutional Powers of the Supreme Court Original Jurisdiction Power of a court to pass judgment on both the facts of a case and the law. Original Jurisdiction over “cases affecting Ambassadors, other public Ministers and Consuls,… [and] … Controversies to which the United States shall be a Party.” Original Jurisdiction - Supreme Court only one to hear case Very few cases arise from original jurisdiction

Constitutional Powers of the Supreme Court Appellate Jurisdiction Power of higher court to review and revise decision of inferior court Supreme Court has appellate jurisdiction in all cases not in original jurisdiction unless restricted by Congress. Congress Created 3 – Tiered system Trial Courts (Federal District Courts) in each state 13 Courts of Appeal (Federal Circuit Courts) Supreme Court

Constitutional Powers of the Supreme Court Litigants who lose in lower federal court (or highest state court) can ask Supreme Court to review the case. Supreme Court not require to issue writ of certiorari Four justices need to approve Of thousands of yearly petitions, number of cases decided by court on decline 1980 – 232 cases 2006 – 72 cases

Methods of Constitutional Interpretation Written Opinions Courts issue majority, concurring, and dissenting opinions Hold Supreme Court accountable by publicizing its rationale Establishes a record that serves as precedent for future cases Methods of Interpretation Textualism, Literalism, or Strict Construction Looking at literal / ordinary meaning of each word or phrase “keeps Court neutral and helps justices avoid imposing their own values on the Constitution”

Methods of Constitutional Interpretation Original Intent or Original History Seek to understand what Founders originally meant “helps maintain stability and neutrality in the law” Fundamental Principles Looks to principles – natural rights, republican gov’t – to interpret meaning of words, phrases, or clauses “identifying fundamental principles is useful in determining what meaning of words actually are” Modernism or Instrumentalism Premise that Constitutional interpretation should adapt to changing circumstances and contemporary needs. Argue that justices should not “hold back social progress by adhering to outmoded understandings of the Constitution”

Checks on Supreme Court Power Self-Imposed Limits Attempt to avoid partisan politics by refusing “political questions” Does not issue advisory opinions, only decides specific cases Presidential Appointments Nominees can change approaches to constitutional interpretation and attitude about role of the court Executive Enforcement President may threaten to refuse enforcement. Ex) US v. Nixon

Checks on Supreme Court Power Congressional Power Congress determines appellate jurisdiction and controls budget If statute declared unconstitutional, may pass it in another form Can alter size of the court Can propose amendments in response to unpopular decisions Ex) 16th Amendment – Income Tax Federalism State enforcement may be lax. Some states still evade entirely desegregating schools

Lesson 26: How Does American Federalism Work?

Purpose The powers of and the boundaries between the national and state governments never have been clear. This lesson examines constitutional provisions affecting the states in their relationship to the national government. It also explains how state governments are organized, including their creation of units of local government. Finally, it describes the role of states as “laboratories of democracy.”

Objectives Explain how American federalism involves divided sovereignty and an ongoing effort to balance power. Explain the function of three basic kinds of local government – counties, municipalities, and special districts. Give examples of governmental innovations at the state and local levels. Evaluate, take, and defend positions on continuing issues related to America’s unique system of federalism.

Terms to Know initiative  A proposed law placed on the ballots of some states for voter decision. Initiatives that pass immediately become law.    local government  Government of a specific local area, such as state subdivisions authorized by states or governments of cities, counties, and towns. Also includes special government units, such as water districts.    police powers  The inherent authority of a government to impose restrictions on private rights for the sake of public welfare, order, and security within the boundaries of constitutional law.    recall  A process of using special or general elections for removing elected officials from office.  referendum  Placing a measure approved by a legislature on a ballot for popular approval.    reserved powers  Those powers referred to in the 9th and 10th Amendments that are reserved to the states or to the people.   

Constitutional Status of State Governments States’ Role in National Government 9 of 13 states were needed to ratify Constitution (Art. VII) Determine Voting Qualifications for House Members (Art. I) Equal Representation in Senate Vital Role in Electoral College System Governing Power Left to the States Art. I Sect 8 – 9 powers states do not have (no titles of nobility) Prior list, enumerated powers for Congress, and 10th Amendment established that powers not granted to national government are reserved to state governments.

Constitutional Status of State Governments Reserved (Police) Powers State gov’ts power to enact legislation that protects the health, safety, welfare, and morals of those within this district Ex) Schools, making / executing criminal and civil laws, zoning Historic Tension Disputes often arise over Supremacy Clause and ambiguities regarding which level of gov’t has which power

Common Features of State Government Organization Bill of Rights Most include same rights as US Constitution. Many also add rights such as right to work or right to education. Legislative Branch Most legislatures (assemblies) meet annually, are bicameral, with districts for both houses based upon population. Executive Branch Governor is chief executive, most serve 2 or 4 year terms. Lt. Governor role similar to “vp.” 2003: US gov’t employees = 3 million, State / Local gov’t employees = 15 million

Common Features of State Government Organization Judicial Systems Trial and appellate courts. Judges elected in some states, appointed in others. Municipal courts deal with local matters such as traffic offenses. State Supreme Court has final say about meaning of state constitution. Creation of Local Governments State grants charters to carry out certain gov’t responsibilities. Local laws typically called ordinances. Categories of local government includes: counties, municipalities (cities & townships), and special districts that provide specific services (school districts).

Changing State Constitutions Since 1776, 144 New State Constitutions, Thousands of Amendments Only 18 states have original constitution Ballots usually contain proposals for constitutional amendments Current policy debates in the states: same-sex marriage, gambling, marijuana decriminalization / legalization

Federalism In Practice Regulation of Commerce States retain power to regulate commerce within its borders. However, courts have asserted Congress’s power to regulate local activities if they “have a substantial effect on interstate commerce.” Ex) Medical marijuana use laws. Gonzalez v. Raich Grant-in-aid Programs In return for money from national gov’t, states must comply with congressional policies Ex) Federal highway funds require compliance with “national” speed limit. Ex) Race to the Top education funds

“Laboratories of Democracy” Initiative, Referendum, Recall Methods allow citizens to participate in direct democracy in their states. Environmental Protection Several states set emission standards set by Kyoto Accords, despite national governments choice not to. Health Care Several state-wide reforms have been tried in the states and served as a model for national legislation.