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UNIT 4: INSTITUTIONS OF GOVERNMENTLegislative, Executive, and Judicial Branches, The Federal Bureaucracy, Federalism
LEGISLATIVE BRANCH: HOUSE OF REPRESENTATIVES 435 Congressmen – Each represent a congressional
district; Average District Size = 650,000 25 years old, Citizen for 7 years, resident of the
district 2 year terms – no term limits The only direct election originally in the Constitution,
single member districts Census – every ten years
Reapportionment - Redistributing the number of Congressmen each state has based on the census
Redistricting - State legislatures draw district lines to match the new number of representatives
Gerrymandering - Drawing district lines in a way to produce a particular political outcome Contiguous lines, must not dilute minority strength, based on
population
LEGISLATIVE BRANCH: SENATE
100 Senators – 2 per state 30 years old, Citizen for 9 years, resident of
the State 6 year terms (1/3 elected every two years) –
no term limits Originally elected by State Legislatures, 17th
amendment (1913- Progressive Movement) – Direct Election
House: 188 Democrats, 245 Republicans Senate: 44 Democrats, 2 Independents, 54
Republicans House Demographics: 84 Women, 46 Blacks,
34 Hispanics, 11 Asians, 2 Native American Senate Demographics:20 Women, 2 Black, 3
Hispanics, 1 Asian Wealth: 237 Millionaires (40% overall, 55% in
Senate) – 1% of Americans Lawyers and Businessmen
CONGRESSIONAL DEMOGRAPHICS: 114TH UNITED STATES CONGRESS
ORGANIZATION OF THE LEGISLATIVE BRANCH: LEADERSHIP
Congressional Leadership: In both the House and the Senate, members elect leaders to organize the party, legislation, and voting
Speaker of the House – elected by the majority party, presides over the house
Senate Pro Tempore – elected by the majority party, presides over the Senate
Majority and Minority Leaders: Each party in each chamber elects a leader for their party; organizes legislation and votes, keeps party together
Majority and Minority Whips: Each party in each chamber elects a whip for their party; responsible for keeping track of votes and leaning on party members to vote with party
ORGANIZATION OF THE LEGISLATIVE BRANCH: CONGRESSIONAL COMMITTEES Most of the work in Congress is done by Standing Committees Standing Committees: handle bills in policy areas and oversee
execution of laws Committee Chair: Person who runs each standing committee;
schedules debates and votes, selected by majority leadership Committee Members: Chosen by leadership; usually Dems and
Reps in roughly the same portion as the entire chamber Request membership based on knowledge and needs of constituency Getting on the right committee huge for service and pork barrel –
directing federal money to projects in the district – constituent support Role of Committees:
Legislative Functions: Hold hearings on bills, Mark up bills, Vote on whether or not to present bills for vote in full chamber
Oversight Function: monitor the administration of the policy, hold hearings and set budgets for agencies executing the law
SenateStanding Committees
•Agriculture, Nutrition, and Forestry •Appropriations •Armed Services •Banking, Housing, and Urban Affairs •Budget •Commerce, Science, and Transportation
•Energy and Natural Resources •Environment and Public Works •Finance •Foreign Relations •Health, Education, Labor, and Pensions•Homeland Security & Governmental Affairs
•Judiciary •Rules and Administration •Small Business and Entrepreneurship •Veterans Affairs
House Standing Committees•Committee on Agriculture •Committee on Appropriations •Committee on Armed Services •Committee on the Budget •Committee on Education and Workforce
•Committee on Energy and Commerce
•Committee on Ethics •Committee on Financial Services •Committee on Foreign Affairs •Committee on Homeland Security•Committee on House Administration •Committee on the Judiciary•Committee on Natural Resources •Committee on Oversight and Government Reform
•Committee on Rules •Committee on Science, Space and Technology
•Committee on Small Business •Committee on Transportation and Infrastructure
•Committee on Veterans' Affairs •Committee on Ways and Means
POWERS OF THE LEGISLATIVE BRANCH
Joint Powers: Make All Laws Collect taxes and borrow money Regulate foreign and interstate commerce (Commerce Clause) Declare war; raise an army and navy Coin money; fix standards of weights and measures Issue patents and copyrights Regulate immigration and naturalization Establish Post Office Create courts ‘Necessary and Proper’ (Elastic) Clause – extend power
Powers of the House Propose revenue (tax) bills, Impeachment Charges, choose President if
there is no winner in the electoral college Why? Closer to the people, more representative and responsive to their
wishes Powers of the Senate
Advise and Consent Presidential Appointments, Ratify Treaties, Impeachment Trials
Why? More mature body, insulated from public opinion, larger constituencies and longer terms, represent state interests
EXECUTIVE BRANCH: THE PRESIDENT
Constitutional Requirements: 35 Years Old, Resident for 14 years, Natural Born Citizen Four Year Terms Elected by the electoral college 22nd Amendment – may only be elected to the presidency
twice Presidential Succession
Impeachment – ‘ treason, bribery, or other high crimes or misdemeanors’ , House charges with impeachment, Trial in the Senate
25th Amendment VP becomes acting president in case of disability or inability to serve
(President or VP and Cabinet can declare) President nominates replacement VP if needed, approved by a
majority of both chambers of congress 1947 Presidential Succession Act
VP, Speaker of the House, Senate President Pro Tempore, Secretary of State, Treasury, Defense, AG
Annual Salary - $400,000 Spending Allowance - $50,000 Travel Allowance - $100,000 The White House Residence Secret Service Protection Fleet of Limos, Helicopters,
and Air Force One Camp David – Country
Home and Retreat Life Time Pension of
$125,000 Best Health Care Staff of 400-600 and
Suite of Offices
PRESIDENTIAL COMPENSATION AND BENEFITS
White House Staff Between 400-600 White House Staffers Led by White House Chief of Staff Work in the West Wing and most directly with the President Not approved by the Senate
The First Lady East Wing No Official Role in the Constitution Ceremonial, Specific Policy Issue, Real Advisors to the
President Office of the Vice President
Same qualifications for election as president, used to balance the ticket politically or geographically
Two jobs: Preside over the Senate, Take the President’s place Advisory role to the President
ORGANIZATION OF THE EXECUTIVE BRANCH
ORGANIZATION OF THE EXECUTIVE BRANCH: THE FEDERAL BUREAUCRACY
Bureaucracy = hierarchical structure that uses task specialization, operates on the merit principle, and behaves with impersonality
Fourth Branch of Government (Executive Branch) Thousands of federal agencies and institutions that
implement and administer federal laws and programs – implementers of policy
Bureaucrats: government employees who work in the executive branch in executive departments and independent federal agencies
2000 bureaus, divisions, branches, offices 2.7 million federal civilian workers; Over 4 Million
Total
THE FEDERAL BUREAUCRACY: FOUR TYPES OF AGENCIES
1. Cabinet/Executive Departments 15 Executive Departments Conduct broad areas of government operations - responsible for
implementing the policies and programs passed by Congress and advising the President
Secretaries are the CEO’s of the departments – appointed by President, approved by Senate
2. Government Corporations Provide a service that could be handled in the private sector Charge for services but often less than private industry Amtrak, TVA, Post Office
3. Independent Regulatory Commissions Regulate specific economic activities or interests Enforce rules and programs designed to protect the public interest Governed by 5-10 member board of commissioners appointed by the
president and approved by senate, Fixed terms - cannot be fired NLRB, FEC, FCC, SEC, EPA
4. Independent Executive Agencies Provide services, not regulations – Often things that are not profitable in the
private sector NASA, National Science Foundation, CIA
Executive Department
Number of Employees Budget
Agriculture 109,000 $95 BillionCommerce 38,000 $6.5 BillionDefense 675,000/3 mil $665 BillionEducation 4,200 $68.6 Billion
Energy 16,000/100,000 $23 BillionHealth and Human Services 65,000 $800 Billion
Homeland Security 216,000 $42.7 Billion
Housing and Urban Development 9,000 $40 BillionInterior 68,000 $16 BillionJustice 115,000 $25 BillionLabor 15,000 $50 BillionState 32,000 $35 BillionTransportation 55,000 $70 BillionTreasury 109,000 $13 BillionVeterans Affairs 235,000 $90 BillionTotal 4.2 Million $2 Trillion
POWERS OF THE EXECUTIVE BRANCH President’s Powers can be divided into five roles Chief Executive: Run the government
“Take care that the laws be faithfully executed” Grant Pardons and Reprieves (except for impeachments) Makes appointments to executive agencies and departments,
independent agencies, and the courts – Approved by Senate Issue Executive Orders – used to instruct agencies and
departments on how to execute the law, carry the force of law without congressional consent
Create new executive departments and agencies Chief Legislator:
Deliver the State of the Union Sign Laws/Veto Laws Executive Orders – issued to executive departments to carry out
laws or regulations (criticism- making legislation) – Internment of Japanese Americans, Desegregation of the Armed Forces, DREAM Act
POWERS OF THE EXECUTIVE BRANCH
Head of Party: Get Congressmen/Senators to propose and support his
legislation, Agenda Setting and Public Opinion (propose measures in the State of the Union)
Use of Media: Bully Pulpit Chief Diplomat
Negotiate all Treaties – Approved by Senate Appoint all Ambassadors – Approved by Senate Receive all Ambassadors Recognition of Foreign Nations Chief of State: State Dinners, Ceremonial Duties Negotiate with world leaders – Executive Agreements – No
Senate Approval Commander in Chief
Civilian Control of the Military Orders troops into foreign countries, Declare Neutrality, Size and
location of military, Controls nuclear arsenal Crisis Management – can respond more quickly than Congress –
Cuban Missile Crisis, 9/11, Hurricanes Katrina and Sandy
HOW THE BUREAUCRACY WORKS Two main jobs:
1. Implementation: translating the goals of a policy to an operational program, Congress announces goals in broad terms the bureaucracy works out the details
- President issues executive order either instructing an existing agency to carry out the law or creates a new agency to do so
- Agency sets up rules and guidelines for the program following executive order, coordinates resources and materials needed to implement, hires necessary employees
- Designed to help the President carry out laws; Assistance in instituting public policy- i.e. – Head Start and Department of Health and Human Services, Clean Air Act and
Environmental Protection Agency
2. Regulation: Use of government authority to control or change some practice in the private sector
- Security and Exchange Commission - Regulates the Stock Market- FEC – Campaign Finance Laws- USDA and FDA – Food Safety- FCC – Communications
Meant to separate politics from policy administration – independence - Bureaucrats cannot be fired by the President, earn jobs by Merit – Civil Service Exam and System
Assures continuity in Government – Bureaucrats keep job with new president – no transition
KEYS TO A SUCCESSFUL PRESIDENCY In recent years, we have experienced divided
government. This has caused legislative gridlock which makes it more difficult for the President to accomplish his goals. Divided Government = When one party controls the President
and the other party controls Congress Legislative Gridlock = legislation comes to a stop because
the two branches can’t agree – nothing gets done In order to be successful during divided government
Presidents are more successful when: They have a mandate (voters show support through voting) –
Presidential and Midterm Elections They use the Bully Pulpit – use the press to garner support for
their programs – Public Opinion + Agenda Setting Bargain with Congress – Logrolling Circumvent Congress – Executive Orders and the
Bureaucracy (DREAM Act) – Executive Agreements, Constitutional?
THE JUDICIAL BRANCH There are three levels of courts1. District Courts – 94
Only federal courts to hold trials and have juries Hear cases involving federal crimes, federal lawsuits, bankruptcy, maritime
law, naturalization (most criminal and civil trials at local and state level) Governments side is represented by US Attorney in that district (appointed
by the President)
2. Circuit Courts of Appeals: 13 Usually hear cases in panels of three judges All appeals from district courts plus review and enforce orders from federal
regulation agencies (bureaucracy) Focus on correcting errors of procedure and law – hold no trials and hear no
testimony
3. Supreme Court Eight Associate Justices and One Chief Justice, All nine hear all cases Supreme Court hears cases involving foreign diplomats/countries, between
the US and a state, between two or more states Supreme Court also hears appeals from either Circuit Court or a state
supreme court if the case involves a substantial federal question – Civil Rights, Federalism, Civil Liberties – Judicial Review
SUPREME COURT JUSTICES Almost all have been white, male, protestant, all have been
lawyers Today:
1 African American, 1 Hispanic, 3 Women 6 Catholics (24%), 3 Jewish (2%)
Chief JusticeJohn RobertsC- 2005
Antonin ScaliaC- 1986
Anthony KennedyC - 1988
Clarence ThomasC- 1991
Ruth Bader GinsbergL- 1993
Stephen BreyerL- 1994
Samuel AlitoC- 2006Sonia
SotomayorL- 2009
Elena KaganL -2010
JUDICIAL APPOINTMENTS
All Federal Judges serve for life unless impeached or retire
All Federal Judges are appointed by the President Presidents want to choose judges whose political
philosophy matches their own – Democrats – Liberal, Republicans - Conservative
Federal Judges are approved by the Senate Judiciary Committee holds hearings on candidates Must be approved by majority of Senate Filibuster – often opposition party filibusters
candidates that don’t match their philosophy Cloture Vote – 60 votes needed to end filibuster Judicial Vacancies - 66
SUPREME COURT DECISIONS Selecting Cases
Over 8000 cases appeal to the SC every year- court usually hears between 80 and 100
Justices meet once a week to discuss potential cases ‘Rule of Four’ – If four justices want to hear a case it will be heard
Deliberating Cases Hears cases from the first Monday in October until late June Before hearing case both sides file briefs outlining the facts of case and
pertinent case history, Other interested parties (government, corporations, interest groups) file amicus curiae briefs – Justices review all this before case
Oral Arguments – lawyer representing each side is given 30 minutes – questioned by the justices
Deciding Cases Justices meet in conference to discuss the case and issue votes – Majority
Wins Write Opinions – Majority Opinion and Dissenting Opinion Stare Decisis – Let the Decision Stand
Implementing Decision Once decisions are made they must be implemented - Courts have to rely
on the other branches of government to do this How rapidly and how well they are implemented depends on the support of
the President, Congress, and State Governments
CHECKS AND BALANCES: LEGISLATIVE BRANCH
Checks on Power of Executive Branch: Wage War Senate Approves Appointments Senate Ratifies Treaties Impeachments Congressional Override of Presidential Veto Oversight hearings, rewrite laws
Checks on Power of Judicial Branch: Senate Approves Appointments Create Courts – Size and structure Impeachments Rewrite laws, Constitutional Amendments
CHECKS AND BALANCES: EXECUTIVE BRANCH
Checks of Power of Legislative Branch Presidential Veto Commander in Chief of Armed Forces Executes the spending, the laws, and the
regulations/instructions of Congress – Executive Orders
Can call special sessions of Congress Checks on Power of Judicial Branch
Makes all appointments to all seats on the federal bench
Has the power to grant ‘reprieves and pardons for offenses against the United States’
Responsible for implementing policy (executive orders) – how strongly/quickly it will enforce- bureaucracy
CHECKS AND BALANCES: JUDICIAL BRANCH
Supreme Court is responsible to interpret all laws
Can declare laws and executive orders unconstitutional – Judicial Review
Can issue injunctions ordering the other branches to follow the decisions of the court
Chief Justice presides over impeachment hearings
FEDERALISM
Two or more governments have formal authority over the same area or people – federal and state governments
Why does the United States have a federal system?1. Decentralizes Government – limits power2. More levels for ideas on new policies3. Allows states to set different priorities – Local control of local issues4. More opportunities for political participation5. Many avenues for the redress of grievances – protects liberties and rights
FEDERALISM - POWERS
1. Delegated (enumerated) Powers: Powers given to the national government in the Constitution
Supremacy Clause: supreme law of the land is: The Constitution, Laws of the National Government (delegated), Treaties
States may not make treaties, coin money, tax imports and exports
2. Reserved Powers: State powers Hold all elections and 10th Amendment (reserved
powers) Federal Government may not break up or merge existing
states, change representation in the Senate, and must protect against foreign invasion
3. Concurrent Powers: Powers shared by the national and state governments
FEDERALISM: INCREASE IN FEDERAL POWER
Elastic Clause and Commerce Clause – i.e. Labor Laws
Dual Federalism: Both the national government and the state governments are supreme in their own sphere – early American history
Cooperative Federalism: State and federal governments share powers and policy assignments Example: Education –Elementary and Secondary
Education Act, No Child Left Behind Act, Common Core Example: Transportation – Railroads – Land Grants,
National Highway Act, American Recovery and Reinvestment Act
-,
FISCAL FEDERALISM
Cooperative Federalism allows the government increased control over the state governments - Issue federal guidelines the states must follow in order to receive money for the programs – Grants-in-aid – 30% of state budgets
Federal Mandates – direct state government to follow federal laws or guidelines in order to receive federal aid National Minimum Drinking Age Act of 1984
Categorical Grants – Money given by federal government to the states - must be used for specific purposes Conditions of Aid –what a state must do to receive the
federal grants NCLB and Common Core– Standardized Tests
Devolution - Transferring responsibilities to state and local governments Reagan and Conservative Movement since 1980 Block Grants – States get to decide how to spend the
money- usually in a certain area – used to return power to the states
