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The United States Congress
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25 Years Old Citizen for 7 years Represent a District Must live in District 435 Members Serve two year terms 30 Years old Citizen for 9 years Represent entire state (at- large) Must live in state 100 members Serve six year terms (elections are staggered at 1/3 each election)
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Standing:permanent Select: serve special purpose, temporary Joint: made up of both houses. Temporary Conference: Joint Committee that irons out differences in bills Subcommittee: small division of larger committee.
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Congress Lecture Contrasts with British Parliament -parliamentary candidates are selected by their party -congressional candidates run in a primary election, with little party control over their nomination
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The Evolution of Congress -Intent of the Framers -Characteristics of evolution -organization of the House has varied over the years Phase one-powerful house Phase two-divided house 1820’s Phase three- rise of a powerful speaker Phase four-the revolt against the speaker Phase five-the empowerment of individual members Phase six-the return of leadership The future?
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The Evolution of the Senate -Escaped many of the tensions encountered by the House -Major struggle about how its members should be chosen- 17 th Amendment -Filibuster another major issue- Rule 22- cloture
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President pro tempore Majority and minority leaders Party whips Policy committee Committee assignments
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Speaker of the House Majority Leader and Minority leader Party Whip Committee assignments Democratic and Republican campaign committees
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Tasks of staff members -constituency services -legislative functions -advocates -information service Specialized agencies- CRS, GAO, CBO, OTA
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Introducing a bill Study by committees Floor debate- House and Senate Methods of voting To the President
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Presidents are Often Outsiders Presidents Choose Cabinet Members from Outside Congress Presidents Have No Guaranteed Majority in Congress Copyright © 2011 Cengage
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Divided government – One party controls the White House and another party controls one or both houses of Congress Unified government – The same party controls the White House and both houses of Congress Does gridlock matter? Is policy gridlock bad? Copyright © 2011 Cengage
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Concerns of the Founders The Electoral College The President’s Term of Office The First Presidents The Jacksonians The Re-emergence of Congress Copyright © 2011 Cengage
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Powers of the President Alone Powers the President Shares with the Senate Powers the President Shares with Congress as a Whole Copyright © 2011 Cengage A military officer carrying “the football” – the briefcase containing the secret codes the president can use to launch a nuclear attack. p. 370 Mark Wilson/Getty Images News/Getty Images
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The White House Office ◦ Pyramid structure ◦ Circular structure ◦ Ad hoc structure The Executive Office of the President The Cabinet Independent Agencies, Commissions, and Judgeships Copyright © 2011 Cengage
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Prior federal experience “In-and-outers” Political following Expertise/ administrative experience Copyright © 2011 Cengage
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The Three Audiences ◦ Fellow politicians and leaders ◦ Partisan grassroots ◦ The public Popularity and Influence The Decline in Popularity Copyright © 2011 Cengage President Bush shakes hands with Speaker Nancy Pelosi after his State of the Union address. p. 380 Alex Wong/Getty Images
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Veto ◦ Veto message ◦ Pocket veto ◦ Line-item veto Executive Privilege Impoundment of Funds Signing Statements Copyright © 2011 Cengage
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Putting Together a Program ◦ Interest groups ◦ Aides and campaign advisers ◦ Federal bureaus and agencies ◦ Outside, academic, other specialists and experts Attempts to Reorganize Copyright © 2011 Cengage
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The Vice President Problems of Succession Impeachment Lame duck Copyright © 2011 Cengage President Reagan, moments before he was shot on March 30, 1981, by a would-be assassin. The Twenty- fifth Amendment solves the problem of presidential disability by providing for an orderly transfer of power to the vice president. p. 392 Michael Evans/The White House
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Judicial Review – the power of courts to declare laws unconstitutional Strict Constructionist Approach – judges should decide cases strictly on the basis of the language of the Constitution Activist Approach – judges should discern the general principles underlying the Constitution and apply them to modern circumstances Copyright © 2011 Cengage
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National Supremacy and Slavery 1789-1861 ◦ Marbury v Madison (1803) ◦ McCulloch v Maryland (1819) ◦ Dred Scot decision (1857) Government and the Economy 1865-1936 -regulation of the economy - Application of the 14 th amendment- private property Government and Political Liberty 1937- present - personal and states rights Copyright © 2011 Cengage
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Note: Washington, D.C., is in a separate court. Puerto Rico is in the first circuit; the Virgin Islands are in the third; Guam and the Northern Mariana Islands are in the ninth. Source: Administrative Office of the United States Courts (January 1983).
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Lower Federal Courts ◦ Constitutional Court District courts Courts of appeal ◦ Legislative Court Court of Military Appeals Selecting Judges ◦ Senatorial Courtesy ◦ The “Litmus Test” Copyright © 2011 Cengage
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Source: “The Consequences of Polarization: Congress and the Courts” by Sarah A. Binder, in David Brady and Pietro Nivola, Eds., Red and Blue Nation? (Vol. 2) Consequences and Correction of America’s Polarized Politics. Brookings Institutions and Hoover Institution Presses. Reprinted with permission of the author.
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Federal-question cases – Cases concerning the Constitution, federal laws, or treaties Diversity cases – Cases involving citizens of different states who can bring suit in federal courts Writ of certiorari – An order by a higher court directing a lower court to send up a case for review. Copyright © 2011 Cengage
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p. 441
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In forma pauperis Fee Shifting Standing Class Action Suits Copyright © 2011 Cengage Linda Brown was refused admission to a white elementary school in Topeka, Kansas. On her behalf, the NAACP brought a class- action suit that resulted in the 1954 landmark Supreme Court decision Brown v. Board of Education. p. 445 Carl Iwasaki/Time Life Pictures/Getty Images
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Brief Amicus curiae Per curiam opinion Opinion of the court Concurring opinion Dissenting opinion Copyright © 2011 Cengage
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The Power to Make Policy ◦ Stare decisis ◦ Political question ◦ Remedy Views of Judicial Activism Legislation and the Courts Copyright © 2011 Cengage The activism of federal courts is exemplified by the sweeping orders they have issued to correct such problems as overcrowded prisons. p. 448 Alex Webb/Magnum Photos
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Congress and the Courts ◦ Confirmations ◦ Impeachment ◦ Number of judges ◦ Jurisdiction Public Opinion and the Courts Copyright © 2011 Cengage Thurgood Marshall became the first black Supreme Court justice. As chief counsel for the NAACP, Marshall argued the 1954 Brown v Board of Education case in front of the Supreme Court. He was appointed to the Court in 1967 and served until 1991. p. 452 Bettmann/Corbis
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