NEED TO KNOW: Unit 4

1. NEED TO KNOW: Unit 4 Institutions of Government

2. Chapter 13 congress

3. Congressmen • Mostly older, white, males (but trends are changing) • Roles • Legislator • Representative • Servant (Case Work) • Committee Member • Politician • Voting Philosophy • Trustee/Attitudinal • Delegate/Representative • Partisan/Organizational • Politico

4. Powers of Congress • Money & Commerce • War Powers • Declare War, Raise & Regulate Military, Power of the Purse • Non-Legislative Powers • Electoral duties, impeachment, investigation, propose amendments • Executive Powers (held by Senate) • Approve Treaties and Appointments • Congressional Oversight

5. Organization • Leadership • In HoR, Speaker most powerful • In Senate, MAJORITY Leader most powerful • Seniority very important • Majority Party has all real power • Choose leaders • Set agenda • Committee Chairs • Caucuses – growing rival to parties • Groups of Congressmen who represent similar interests • Staff Agencies – Help Congress • CBO, GAO

6. Committees • Where most work in Congress is done • Divide up workload, Job Specialization • Types of Committees • Standing, Select, Joint, Conference • Some Committees more important • HoR – Ways and Means, Rules, Appropriations • Sen – Appropriations, Judiciary, Armed Services • House Rules Committee • Sets limit for debate and decides what types of amendments can be added (if any) – VERY POWERFUL • Open Rule, Restrictive Rule, Closed Rule

7. 435 Members SIZE PRESTIGE 100 Members Less Prestigious House Less Media Attention More Prestigious House More Media Attention Population Representation Based on… Equality (2 per state) Small – People of District Constituency Big – People of State 2 years Term of Office 6 years 25 years old 7 years citizen Requirements 30 years old 9 years citizen Speaker of the House Leaders Senate President Pro-Tempore Impeachment: Bring Charges Role During Impeachments Try Impeachments: Serve as Jury Revenue Bills Unique Powers Approve Treaties and Presidential Appointments

8. Committee Assignments 1 Major – Policy Specialists Multiple Major – Policy Generalists Scheduling of Bills Done by Speaker & Rules Committee Done by Majority & Minority Leaders Floor Debate Rules Committee limits Debate No Limit - Filibusters

9. How a Bill Becomes a Law • Can start in either house (except revenue bills) • Assigned to committee • Hearings, and possible amendments (riders) • Reported out of committee • Debated by entire house (different rules for each house) • Senate – Filibuster and Cloture, Double-Tracking • If passed (majority), goes to other house – same process • Voice Vote, Teller Vote, Roll-Call Vote • If passed, Conference Committee • Final Version to Prez • 4 Options • Sign = law • Veto = back to original house, 2/3 of both houses can override • Wait 10 days if Congress is in session = law • Wait 10 days if Congress is adjourned = pocket veto (no override)

10. Chapter 14 President

11. Presidency • Requirements – 35 years old, 14 years resident, natural born citizen • Term of Office – 4 year term, 2 terms max • Succession • Outlined by 25th Amendment • VP, Speaker of HoR, Sen Prez Pro-Tem, Cabinet Positions by date of creation • Presidential Power grows in times of Crisis • Popularity important and hard to maintain • Access to Media can help Prez push agenda • The 3 Audiences – Politicians in DC, Activists, Public

12. Roles of President Commander-in-Chief Chief Diplomat Chief of State Chief of Party Chief Legislator Chief Administrator Chief Executive Chief Citizen

13. Powers of President • Executive Powers • Executive Orders • Military/Foreign Powers • Commander-in-Chief, Treaties, Recognition • Legislative Powers • Propose Legislation (SOTU), veto power • Judicial Powers • Pardons and Reprieves • Formal Powers vs. Informal Powers • Informal Powers often come from President’s access to media

14. Executive Branch • White House Staff (helps Prez day-to-day) • Chief of Staff • EOP (Exec. Office of Prez) • OMB • Cabinet • Headed by Secretary • Job Specialization • Independent Agencies • Independent Executive Agencies (NASA, EPA) • Independent Regulatory Commissions (Fed, SEC, FCC) • Government Corporations (Amtrak, Post Office)

15. Chapter 15 The Bureaucracy

16. The Bureaucracy • Large, Complex structure that runs day-to-day business of an organization • Appointed, not elected • Hierarchy • Today’s Bureaucracy is huge and growing. • Carry out Congressional Laws • Discretionary Authority • Iron Triangles & Issue Networks

17. Appointment of Bureaucracy • Competitive Service • Based on Merit • Must take test • Replaces Spoils System • Pendleton Act (After assassination of James Garfield) • Demographics • Largely representative of America as a whole • At top levels, very unrepresentative • Bureaucrats hard to fire

18. Checking the Bureaucracy • Problems of Bureaucracy • Red Tape, Waste, Conflict • Legal Constraints • Congressional Control • Oversight, Authorization, Appropriation, Investigation, Committee Clearance • Presidential Control • Firing (sometimes), Reorganization

19. Chapter 16 Judicial branch

20. Federal Court System • Dual Court System – Fed & States • Supreme Court, Constitutional Courts, Special Courts • 94 District Courts; 12 Circuit Courts of Appeals • Jurisdiction • District = original, Appeals = appellate, SC = both • Prez appoints Judges; Senate Confirms • Senatorial Courtesy for lower courts • Litmus Test • Life Term – free from political pressure

21. The Court in Action • Getting to Court • Fee-Shifting, In Forma Pauperis, Class-Action Suits • Which cases to hear • Rule of 4 – Writ of Certiorari (SC will hear case from lower court) • Very few cases heard each year • Trial Process • Briefs • Amicus Curiae • Oral Arguments • Conference

22. Court Decisions • Opinion of the Court • Concurring Opinion • Dissenting Opinion • Philosophy • Stare Decisis– Let the decision stand • Judicial Restraint vs. Judicial Activism • Precedent • Recent Courts • Warren Court (60s) – Very Liberal • Berger/Rehnquist Courts (70s, 80s, 90s) – Conservative • Roberts Court (200os) – Back and Forth

23. Court Cases to Know INS v. Chadha US v. Nixon