Unit 5A Exam Review. Intent of the Framers Oppose concentration of power in a single institution Bicameralism for balance and to reflect social class,

Unit 5A Exam Review

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

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

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

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

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

Organization of Congress– 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


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 17th 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

Organization of CongressParty 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• 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• 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


Understand how a bill becomes a law

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

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


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)


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

The Powers of the President• 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


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


Powers shared between President and Senate

• Make treaties (Senate ratifies)• Appoint ambassadors, judges, and high officials


Powers shared between the President and Congress

• Approve legislation


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)


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 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 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

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!


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 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


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


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

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

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

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

housesPresidential Agendas

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

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

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

Documents

Unit 5A Exam Review. Intent of the Framers Oppose concentration of power in a single institution Bicameralism for balance and to reflect social class,