1. Unit 5A Exam Review

2. Intent of the Framers Oppose concentration of power in a single institution Bicameralism for balance and to reflect social class, separate interests, and separate constituents Congress as the dominant institution Development and Growth of Congress

3. Powers of Congress  Enumerated (expressed)  Article I, Section 8  Powers granted by Amendments  12 – Certify the president if no candidate has the majority of electoral votes  16 – Levy income tax  20/25 – determine who will be president in case of death or incapacitation  Implied  Necessary and Proper Clause Development and Growth of Congress

4. Who is in Congress: Sex and Race Beliefs and interests of members of Congress can affect policy Sex and Race: – House has become less male and less white – Senate has been slower to change Members of Congress

5. Who is in Congress: Incumbency Incumbents still have great electoral advantage – Most House districts safe, not marginal – Senators are less secure Voters support incumbents for several reasons – Get more media coverage – Greater name recognition (franking, visits, etc) – Secure policies and programs for voters Members of Congress

6. Organization of Congress Party Structure in the House – Speaker of the House: leader of majority party, presides over House Recognizes people to speak on the floor Rules on relevance of motions Assigns bills to committees (subject to some rules) Influences which bills are brought to a vote Appoints members to special and select committees Has some informal powers – Majority Leader and Minority Leader Leaders on the Floor – Party Whips Organization of Congress

7. – Committees in the House Assignments and legislative schedule set by each party Democrats have the Steering and Policy Committee, Republicans divide the task: the Committee on Committees (assignments) and the Policy Committee (schedule legislation) Democratic and Republican congressional campaign committees Organization of Congress

8.  Escapes many of the tensions the House encountered  Smaller – no need for Rules Committee  In 1800’s, balanced free and slave states  Prior to 1913, Senators were elected by state legislatures, which caused them to focus on jobs and contributions to their states  Major struggle about how its members should be chosen (ultimately settled with 17 th Amendment, 1913)  Also the filibuster a significant issue- restricted by Rule 22 (1917) which allows a vote of cloture The Evolution of the Senate Dev. and Growth of Congress

9. Organization of Congress  Party Organization of the Senate  President of the Senate  VP of the United States  President Pro Tempore  Has most seniority in majority party  Serves as presiding officer when VP not there  Majority Leader and Minority Leader  Elected by respective party members  Majority Leader schedules Senate business (usually in consultation with Minority leader)  Party Whips  Keep leaders informed  Round up votes, make sure party members are voting “correctly”  Counts noses (see how many votes there are) Organization of Congress

10. Caucuses – Association of members created to advocate a political ideology or a regional or economic interest – Republicans passed legislation making caucus operations more difficult in 1995 – Types of Caucuses Intra-party caucus- members share similar ideology Personal interest caucus- members share an interest in an issue Constituency caucus – established to represent groups, regions, or both Organization of Congress

11. Committees: – Legislative committees the most important organizational feature of Congress, and where all of the real work is done Consider bills and legislative proposals Maintain oversight of executive agenda Conduct investigations – Types of Committees Standing committees- permanent, with specific legislative responsibilities Select committees- appointed for limited purpose and duration Joint committees- both reps and senators serve on committee Conference committees – joint committee appointed to resolve differences in Senate and House versions of the same legislation before final passage Organization of Congress

12. Understand how a bill becomes a law

13. Divided Government President and Congress often working against each other – Divided government happens when one party controls the White House and the other controls Congress Happens all the time (split ticket voting, everybody wants to block a policy at some point); unified government something of a myth – Causes gridlock: But… Does it matter? Divided govt does about as well as a unified one in passing laws, conducting investigations, ratifying treaties, etc Parties themselves are ideologically diverse Unified governments really require same ideological wing of the party to control both branches Evolution of the Presidency

14. The Electoral College (yay, compromise!) Winner-take-all (except NE, ME- proportional to votes in congressional districts) Each state to choose its own method of selecting electors Electors would meet in their own capital to vote for president and vice-president House would decide the election if no candidate won a majority Electoral votes determined by adding the number of a state’s Senators to their Representatives Evolution of the Presidency

15. Presidential Requirements 35 years old Natural born citizen 14 years of residency in the United States Term = four years, says Constitution Washington and his Amazing Precedent – Codified by Twenty-second Amendment in 1951 (sorry, FDR) Evolution of the Presidency

16. The Powers of the President Expressed Powers - Constitutional Powers (Article II) - Have a basis in the Constitution (Example: grant pardons and reprieves) - Statutory Powers - Established by Congressional law or statute (Example: declare national emergencies) The Powers of the President

17. INHERENT POWERS- ambiguous clauses in the Constitution - depend on statements like “executive power shall be vested in a president” and “take care that the laws be faithfully executed” (Example – emergency powers invoked by the president during times of war ) Greatest source of power lies in politics and public opinion – Increase in congressional grants of broad statutory authority, especially since the 1930’s – Expectation of presidential leadership from the public The Powers of the President

18. Powers of the President Alone Commander in Chief Commission officers of the armed forces Grant reprieves and pardons Convene Congress in special sessions Receive ambassadors “Take care that the laws be faithfully executed”: executive power Appoint officials The Powers of the President

19. Powers shared between President and Senate Make treaties (Senate ratifies) Appoint ambassadors, judges, and high officials The Powers of the President

20. Powers shared between the President and Congress Approve legislation The Powers of the President

21. The Power to Persuade President can use the office’s national constituency and ceremonial duties to enlarge his power Presidents make fewer impromptu remarks and rely more on prepared speeches (taking advantages of the bully pulpit) The Powers of the President

22. Popularity and Influence Presidential coattails have had a declining effect for years and are minimal today Pres. tries to transform popularity into congressional support for programs – But popularity is affected by factors outside the president’s control, so not always easy (scandals, 9/11, etc) – Still, to avoid political risk of opposing a popular president, Congress will pass more of their proposals Popularity always highest after an election and declines by midterm – Graph in textbook pages 392-393 The Powers of the President

23. The Power to Say No Veto – Veto message sent within ten days of bill’s passage – Pocket veto – do nothing and congress adjourns before 10 business days. Can’t be overridden – No more line-item veto (1996 reform, Supreme Court ruled unconstitutional)  Impoundment of funds- Pres doesn’t use money allocated The Powers of the President

24. The White House Office (West Wing) President’s closest assistants Staff typically has worked on campaign; a few are experts Always a great deal of jockeying for physical proximity (office close to Oval office) and access to the president The Office of the President

25. The White House Office 3 types of structures, often used in combination to compensate for their weaknesses/capitalize on strengths – Pyramid structure: most assistants report through hierarchy to chief of staff, who then reports to pres Eisenhower, Nixon, Reagan, Bush, late Clinton – Circular structure: cabinet secretaries and assistants report directly to pres early Carter – Ad Hoc structure: task forces, committees, and informal groups deal directly with the pres Early Clinton Each has strengths and weaknesses. Many president’s use a combination over time! The Office of the President

26. Executive Office of the President Composed of agencies that report directly to the president Appointments must receive Senate confirmation, unlike White House staff Office of Management and Budget, perhaps most important – Assembles the budget – Develops reorganization plans – Reviews legislative proposals of agencies – Has recently become more of a policy advocate The Office of the President

27. The Cabinet (part of EOP) Chief executives (secretaries) of the executive branch departments Not explicitly mentioned by name in the Constitution, but implied in Art. 2 Sec 2 Presidential control over departments remains uncertain – secretaries become advocates for their departments The Office of the President

28. Independent Agencies, Commissions, and Judgeships Pres appoints members of agencies that have quasi- independent status In general, independent agency heads can only be removed “for cause” and serve fixed terms The Office of the President

29. Presidential Appointments! Quick Review White House Staff- work in the West Wing – President can hire and fire at will – Ex. Chief of Staff, speech writers, advisors etc Executive Agencies – Pres Appoints with Senate approval, can fire any time – Ex. The Cabinet, US Trade Rep., OMB director etc Independent (quasi-independent) Agencies – Pres appoints with Senate approval, serve fixed term (can’t fire without cause) – Ex. Federal Reserve Board, SEC, etc

30. The President’s Agenda Lots of constraints on a president’s program ◦ Public and congressional reactions ◦ Limited time and attention of president ◦ Unexpected crises ◦ Programs can be changed only marginally (b/c most resources already committed) ◦ Public opinion polls Presidential Agendas

31. Reorganizaton Almost every president since 1928 has proposed reorganization – Change the structure of subordinate staff, departments, and agencies – Ex. GW Bush and Homeland Security Why?: – Large number of agencies – Easier to change policy by reorganization than abolishing old programs/agencies Reorganization outside of the White House staff must be Congressionally approved Presidential Agendas

32. Problems of Succession Early laws attempted to define succession, but not really solidified until Twenty-fifth amendment (1967) – Allows VP to serve as acting president if pres is disabled – Illness is decided by pres, vp, and cabinet or by 2/3 vote of Congress – VP who ascends to office b/c of death or resignation must name a new VP – New VP must be confirmed by a majority vote of both houses Presidential Agendas

33. What is an Imperial Presidency? Phrase became popular in the 1960’s Presidencies that get “out of control” in regards to power and influence Presidencies that have exceeded constitutional limits Presidential Character & the Imperial Presidency

34. How Powerful is the President? Both the president and Congress are more constrained today. Reasons for constraint: – Complexity of issues – Scrutiny of the media – Greater number and power of interest groups Presidential responses to constraints include: – Acting early in the first term (honeymoon period) – Establishing a few top priorities – Giving power to the WH staff and supervising them carefully. Presidential Character & the Imperial Presidency

35. Important! Electoral College- know how it works, why we have it, and how it can effect elections Pres. Appointments- know the different kinds of agencies and how they are hired/fired Bicameral legislature- why? Know powers specific to each house Pres. Approval- how can it be affected positively and negatively? Know some specific examples