How Congress Attempts to Influence the Executive Branch (President/Bureaucracy) Main Duties/Roles Power of the Purse appropriating funds Cutting off funding controlling funding Approving funding/the budget Legislative Oversight Calling members of the executive branch before them to testify regarding their actions GAO helps with legislative oversight in regard to the budget Law Making Passing laws Confirmation of Appointees (Ambassadors, Bureaucratic Agency Heads, Judges/Justices) SENATE ONLY Senatorial Courtesy for LOWER COURT (district courts and circuit courts of appeal) nominees

How the following Executive Branch Actions/Powers Influence/Affect Congress Veto threats Forces congress to negotiate, bargain, and/or compromise on legislation Just the threat of the veto can for them to make changes to a bill Executive Orders (Domestic Policy) Allows congress to not have to make policy on controversial issues Congress can preempt the president and pass legislation BEFORE a president issues an executive order Commander-in-Chief Through legislative oversight, congress can call in members of the executive branch (Secretaries of State, Defense) to testify about issues related to this presidential power Approve/Modify/Withhold funds related to this power (deployment of troops) Clarify their role with regard to their power to “declare war” (War Powers Resolution) Pass resolutions that authorize/limit the president’s actions related to this power

How the President attempts to Control or Influence the Bureaucracy Appointment Power Appointing agency heads who share the same philosophy as the president regarding that agency’s role Creating the budget Through the presidents power to create the budget, they can increase/decrease an agency’s budget request based on how the president feels about that agency’s mission Reorganize the Bureaucracy Post 9/11, the entire intelligence community was reorganized Issuing Executive Orders Executive orders are legally binding orders given by the President, acting as the head of the Executive Branch, to Federal Administrative Agencies. Executive Orders are generally used to direct federal agencies and officials in their execution of congressionally established laws or policies

How Congress Exercises Influence/Checks the Judiciary Article III of the Constitution ONLY created the Supreme Court. Congress (both Houses) establishes lower federal courts SENATE confirmation of all federal judicial appointees Senatorial Courtesy for LOWER FEDERAL COURTS ONLY Senate Judiciary Committee holds hearings Can question a nominees qualifications/past rulings/writings on issues that may come before the court If a nominee is qualified, they can question their judicial philosophy or their character (Bork) Blue Slips (Informal Power based on a tradition) Device used by the Senate Judiciary Committee Only to communicate with the home-state Senators about a nomination to the U.S. courts of appeal or district courts If a home-state-senator disapproves of a nominee, they most likely will not even get a hearing Jurisdictional Stripping Altering (changing) the appellate jurisdiction of federal courts Impeachment Federal Judges are subject to impeachment

Impeachment Both the President/Federal Judges are subject to impeachment for “high crimes and misdemeanors” Two Stages Stage One A simple majority (218) of the House introduces articles of impeachment Simply means there is enough evidence to bring the case to trial (equivalent of a criminal indictment) Clinton and Johnson are the only presidents to be impeached Stage Two Impeachment Trial takes place in the Senate Takes 2/3 of the Senate to convict No president has ever been convicted

Amending the Constitution Proposing a constitutional amendment 2/3 of both houses of Congress Presidents DO NOT sign these as they would legislation Ratifications ¾ of the State Legislatures

Difference between the House and the Senate 2 year term 435 members usually, smaller constituencies More centralized, seniority- based Less visible House Rules Committee More influential on the budget Germaneness rule 6 year term 100 members Larger constituencies Less centralized and seniority- based More high profile/visible Unlimited debate, filibuster More influential in foreign policy Advice and consent role

Difference Between Executive Orders and Executive Agreements Executive Orders (Domestic Policy) Executive Agreements (Foreign Policy) legally binding orders given by the President, acting as the head of the Executive Branch, to Federal Administrative Agencies Have the force of law Bypass Congress and their power to pass legislation Examples 9066 – Japanese Internment 9981 – Integration of Armed Forces Obama Executive Order on Immigration Legally binding agreement between the president and the leader of one or more foreign governments Less formal than a treaty future presidents can rescind the agreement Bypasses the constitutional requirement of 2/3 of the SENATE needed to ratify a treaty Examples The Iranian Nuclear Agreement Status of Forces Agreement (SOFA) with Iraq

Advantages of Having a Majority in Either House of Congress Control leadership positions Control committee and subcommittee chairmanships Have a majority of members on committees and subcommittees More control over the policy agenda and policy making

Party Systems and Elections in the US The US has a two-party (majoritarian) system A party system where two major parties tend to dominate a party system Most European countries have multi-party systems A political system in which more than two parties tend to dominate government One party may control enough (a majority) legislative seats to control government alone or may have to enter into a coalition with one or more parties to cumulatively control a majority of legislative seats The US has winner-take-all (sometimes called first-past-the-post) elections in which it only takes a plurality (more votes than anyone else) to win elections Legislative seats are awarded in single-member districts, meaning only one person can win the seat Is an obstacle to the success of minor/third parties in the US; discourages them from even running sometimes Some countries have proportional representation elections Legislative seats are awarded in multi-member districts, based on the % of the vote the party Leads to multi-party systems

Iron Triangles Iron Triangle the name given to the cozy relationship that can develop between a regulated industry’s interest groups, the regulating agency, and the committees and subcommittees in Congress that make policy in this area Each part of the triangle provides services, policy, information and resources (including $$) to the others Iron Triangles make it difficult for Congress to attempt to control the bureaucracy The mutually beneficial relationship keeps others inside congress from influencing the policy area in which that Iron Triangle is functioning In recent years a number of well-established Iron Triangles (tobacco industry) have been broken up

Issue Networks Issue Networks The name given to the networks of different interest groups and individuals that align on both sides of an issue in a particular policy area (healthcare) The disparate interests come together due to an emotional or ideological attachment to an issue Issue networks include interest groups, academics, media, white House staff, career bureaucrats, policy consultants Once one issue network dissolves, the various actors move on to the next issue network or go back to doing what they did before the network came together