The United States Congress. 25 Years Old Citizen for 7 years Represent a District Must live in District 435 Members Serve two year terms

The United States Congress

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)

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.

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

The Evolution of Congress-Intent of the Framers

-Characteristics of evolution

-organization of the House has varied over the yearsPhase one-powerful housePhase two-divided house 1820’sPhase three- rise of a powerful speakerPhase four-the revolt against the speakerPhase five-the empowerment of individual membersPhase six-the return of leadership

The future?

The Evolution of the Senate

-Escaped many of the tensions encountered by the House

-Major struggle about how its members should be chosen- 17th Amendment

-Filibuster another major issue- Rule 22- cloture

President pro tempore Majority and minority leaders Party whips Policy committee Committee assignments

Speaker of the House Majority Leader and Minority leader Party Whip Committee assignments Democratic and Republican campaign

committees

Tasks of staff members-constituency services-legislative functions-advocates-information service

Specialized agencies- CRS, GAO, CBO, OTA

Introducing a bill

Study by committees

Floor debate- House and Senate

Methods of voting

To the President

Presidents are Often Outsiders Presidents Choose Cabinet Members from

Outside Congress Presidents Have No Guaranteed Majority in

Congress

Copyright © 2011 Cengage

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?


Concerns of the Founders The Electoral College The President’s Term of Office The First Presidents The Jacksonians The Re-emergence of Congress


Powers of the President Alone

Powers the President Shares with the Senate

Powers the President Shares with Congress as a Whole


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

The White House Office◦ Pyramid structure◦ Circular structure◦ Ad hoc structure

The Executive Office of the President The Cabinet Independent Agencies, Commissions, and

Judgeships


Prior federal experience “In-and-outers” Political following Expertise/ administrative experience


The Three Audiences◦Fellow politicians and leaders◦Partisan grassroots◦The public

Popularity and Influence The Decline in Popularity


President Bush shakes hands with Speaker Nancy Pelosi after his State of the Union address. p. 380

Alex Wong/Getty Images

Veto◦ Veto message◦ Pocket veto◦ Line-item veto

Executive Privilege Impoundment of Funds Signing Statements



Putting Together a Program◦ Interest groups◦ Aides and campaign advisers◦ Federal bureaus and agencies◦ Outside, academic, other specialists and experts

Attempts to Reorganize


The Vice President

Problems of Succession

Impeachment Lame duck


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

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


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 14th amendment- private property

Government and Political Liberty 1937-present

-personal and states rights




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).

Lower Federal Courts◦ Constitutional Court

District courts Courts of appeal

◦ Legislative Court Court of Military Appeals

Selecting Judges◦ Senatorial Courtesy◦ The “Litmus Test”



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.

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.



p. 441

In forma pauperis Fee Shifting Standing Class Action Suits


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 1954landmark Supreme Court decision Brown v. Board of Education. p. 445

Carl Iwasaki/Time Life Pictures/Getty Images

Brief Amicus curiae Per curiam opinion Opinion of the court Concurring opinion Dissenting opinion


The Power to Make Policy◦Stare decisis◦Political question◦Remedy

Views of Judicial Activism

Legislation and the Courts


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

Congress and the Courts◦Confirmations◦Impeachment◦Number of judges◦Jurisdiction

Public Opinion and the Courts


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

Documents

The United States Congress. 25 Years Old Citizen for 7 years Represent a District Must live in District 435 Members Serve two year terms