Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
131 Cards in this Set
- Front
- Back
|
What is politics?
|
"Who gets what, when, and how" - a process of determining how power and resources are distributed in a society w/out recourse to violence
|
|
|
What does politics provide?
|
Some order in our lives but power must be seen as legitimate or there will be violence
|
|
|
Power is the ability to what?
|
Get others to do what you want
|
|
|
How is power seen as legitimate?
|
Hierarchy (eg, father to son)
|
|
|
Robert Dahl's view on power
|
Power to get others to do what you want and can be yielded in many ways
|
|
|
Ways in which power can be yielded according to Robert Dahl
|
-Dem. elections
-Soft power: by being attractive to the rest of the world, nation attractive to immigrants -Military |
|
|
What is Government?
|
A system or organization for exercising authority over a body of people, the key arena where politics often takes place
|
|
|
The "where" of the political struggle (Lasswal's definition)
|
Gov. institutions
|
|
|
What are rules?
|
Directives that specify how resources will be distributed or what procedures govern collective activity (the "how").
|
|
|
Different types of economic system?
|
Capitalism (Regulated capitalism)
Socialist economy Social democracy Laissez-faire |
|
|
What is Capitalism?
|
System in which gov. takes backseat, decisions made by private corporations, market determines production, distribution, and price decisions.
|
|
|
Regulated Capitalism
|
Type of Capitalism in which gov. has procedural guarantees, whereas laissez-faire doesn't.
US has this system |
|
|
US comes the closest than other countries to what type of economic system?
|
Laissez-faire
|
|
|
What is a socialist economy?
|
The state determines production, distribution, and price decisions. Property is gov. owned. Even China isn't purely socialist, there are private corps. Few nations undertake this economic system.
|
|
|
What is a social democracy?
|
Hybrid of capitalism and socialism.
Private corps, some might be closely regulated, basically market system. |
|
|
What is socialism?
|
This economic system involves high gov. control of basic industries (oil, coal, water, gas, transport)
Complete gov. ownership & control (substantive guarantees) Great Britain before 1980s came close to this (really, they're a social democracy, became more reg. capitalist, like US is now). |
|
|
Allegations that Clinton and Obama are....?
|
Marxists. They don't fit the real description.
|
|
|
Adam Smith
|
Scottish economist in 1700s who argued that true pursuit of self-interest could be moral and ethical and that an "invisible hand" unknowingly and unintentionally led to the good of all society
Affected thinking of the time-modern conservatism Let the market work and gov back down His wealth of nations made this argument in 1776 (Eco and political theory-single most important book) |
|
|
Founding Fathers believed you do need a gov. to...
|
1) Protect economy from outside invasions (security)
2) Make sure system of law and order, so people don't steal your stuff |
|
|
Karl Marx
|
19th Century thinker who argued that means of production should be publicly owned
Thought that Capitalism is self-destructive and will cause revolution |
|
|
The roots of Modern Socialism
|
Karl Marx
|
|
|
Socialism as prescribed by Karl Marx
|
State should run economy and nationalize industry
Wanted everyone to be balanced, or "equally poor." |
|
|
Thought produced by Socialism
|
Social justice and equality should be given priority over equality of opportunity
|
|
|
Countries that Socialism failed to work in
|
Soviet Russia, China, N. Korea
|
|
|
The roots of Modern Liberalism
|
John Maynard Keynes
|
|
|
The roots of Modern Economic Conservatism
|
Adam Smith
|
|
|
Modern Liberalism is the middle ground between...
|
Middle ground b'twn Marxism and Laissez-faire
|
|
|
John Maynard Keynes ideas and arguments
|
English Cambridge University economist in early 20th century who argued that markets often fail us
Insufficient aggregate command: Not enough growth Markets are prone to fail, there are peaks and troughs |
|
|
John Maynard Keynes
|
Impacted liberal democrats
-unemployment is often result of insufficient aggregate demand -solution is gov. action to stimulate spending and cut taxes 'Keynesianism' |
|
|
Gov. action can do one of two things
|
Increase spending
Cut taxes -Appealed to both parties |
|
|
What are authoritarian systems?
|
Systems in which the state holds all power. There are several types:
monarchy, theocracy, fascist gov, oligarchy, and totalitarian gov |
|
|
What is a monarchy?
|
Gov. power vested in king or queen (Saudi Arabia)
Britain til 1500s |
|
|
What is a theocracy?
|
Gov. that claims to draw its power from divine or religious authority (Iran and Ayatollah Khamenei)
Iran also has president, Iran theocracy in sense that leading authority |
|
|
What is a Fascist gov?
|
Policy is made for the ultimate glory of the state (Nazi Germany, 1930s Italy)
|
|
|
What is an Oligarchy?
|
Rule by small group of elites (Egypt til recently, still perhaps. Rev. last yr made it clear that things are changing, military power and possibly, dem. elections)
|
|
|
What is a totalitarian gov?
|
A system in which absolute control is exercised over every aspect of life (N. Korea)
|
|
|
Nonauthoritarian Systems
|
Anarchy, Democracy
|
|
|
What is anarchy?
|
The absence of gov. and laws. Even in Afghanistan, there is a weak small central gov., but there's still someone as a system of authority, life would be impossible
|
|
|
What is democracy?
|
Gov. vests power in people, based on popular sovereignty.
In a broad sense, we decide what happens. |
|
|
What is popular sovereignty?
|
The concept that the citizens are the ultimate source of political power
|
|
|
Different types of democracy
|
Separation of powers in US, British parliamentary dem. which fuses power
|
|
|
Origins of American Democracy
|
Western notions of citizenship as conferring both rights and responsibilities first became popular in the 1700s, as Europeans emerged from the Middle ages
The idea of reason became popular (The Enlightenment): We are reasoned people who can make our own decisions (radical idea back then) |
|
|
Social contract theory
|
The notion that society is based on an agreement between government and the governed in which people agree to give up some rights in exchange for the protection of others (John Locke)
|
|
|
Who said in "The Leviathan" that gov did not exist due to divine right, instead people agree to be governed for protection (if it's necessary) for our self-protection
|
Thomas Hobbes
|
|
|
Who called Bush a fascist?
|
Keith Olbermann
|
|
|
What is a fascist?
|
Involves very extensive gov. intervention in all aspects of economic and social life (not very conservative)
Not so black and white, shows lack of conceptual complexity |
|
|
What is American Political Culture?
|
Appropriate ways of behaving in politics. Refers to the general political disposition of a nation-shared values and beliefs about the nature of the political world
-Ideas that unite us |
|
|
Most Americans focus on what rather than on results?
|
Rules and processes
-Gov should guarantee a fair playing field but not to guarantee equal outcomes for all the players (equality of opportunity, not of result) |
|
|
Americanism
|
The set of ideas, or the "American Dream," which is rather unique (eg contrast with Great Britain-no such thing as "Britishism")
|
|
|
What are ideas that unite us?
|
Most Americans, regardless of political affiliation, strongly believe in:
-Democracy -Freedom (eg Free speech, free assembly) -Equality of opportunity -Decisions based on consent and majority rule "That gov which does least, works best." Minimal gov idea - American ideal - which unites us |
|
|
What are some ideas that divide us?
|
Liberals and conservatives have extremely different ideologies, most notable being their views on proper role of gov (echoes of Smith v Keynes)
Social issues (gun control, abortion, healthcare, contraception, gay marriage, hot button topics, divide Americans even within same party..eg. John McCain in 2008 and Christian Right Economic Conservatives versus social conservatives, moderate republican who called group "agents of intolerance") |
|
|
The Great Compromise Video Notes
|
2 Houses of Congress: H.O.R. and the Senate
"Secure the blessings of the 'people', not including Indians" "Other persons" = Slaves |
|
|
The Articles of Confederation
|
Ratified 1781
Our nation's first attempt at a Constitution after Declaration of Independence (1776) Created a confederacy giving almost all power to states Fed. gov had few powers and limited ability to carry out those powers (Americans were still fearful of strong, central gov., reaction against King George) Congress could pass laws but had little power to execute or enforce them No power to tax without states' consent No authority to regulate commerce and no nat'l currency States actually went to war with one another on at least one occasion! |
|
|
Problems with the Articles
|
By 1787, probs apparent to everyone but RI
This crisis creates power vacuum |
|
|
The Influence of James Madison
|
Did not trust average Americans to act beyond their own interests
Madison preferred republic and feared "pure democracy" because people may create factions that might pursue their own selfish interets What emerged initially under him was a republic, not fully democracy, a gov in which decisions are made through representatives of the people Country formed as republican nation and then became democratic |
|
|
The Federalist Papers, James Madison discusses the emergence of
|
Factions = Interest groups
|
|
|
Founding Fathers as "republicans" were afraid of:
|
Two things:
Big powerful gov Public opinion or the beliefs of the majority (the tyranny of the masses) |
|
|
Founding fathers questioned
|
Fully fledged democracy but were anti-monarchy (transitional figures)
|
|
|
In Fed. Paper No. 51, Madison says,
|
"If men were angels, no gov. would be necessary."
|
|
|
The Constitutional Convention 1787 [Philadelphia]
|
Described as an assembly of demigods by many, but in reality, it was a bunch of distinguished politicians working under crisis (Articles)
-Was called to revise the Articles Meetings were held in secret Convention was intended to create a whole new gov Major debate ensued over how much power the fed gov should have, and a whole load of other things too What emerged was the product of compromise Not in mind of one person, a product of deals between people who couldn't agree |
|
|
Two Competing Plans as a result of the Constitutional Convention in 1787
|
The Virginia Plan and the New Jersey Plan
|
|
|
The Virginia Plan (Madison)
|
Bicameral legislation
Rep in both based on pop One house elected by people, one house elected by state legislatures Single executive chosen by Congress Favored by large states |
|
|
The New Jersey Plan
|
Unicameral legislature
Equal representation Representatives elected by state legislatures Multi-person executive Favored by small states |
|
|
The Great Compromise
|
Shermann came up with parts of each
Bicameral legislature HOR based on pop and chosen by the people Senate based on equal rep and chosen by state legislatures Single executive chosen by the Electoral College Powers of President in foreign policy (declare war and commander in chief) Length of congressional terms Status of slavery |
|
|
The Structure of the New American Constitution
|
Called for three branches: Legislative: Comprising a bicameral legislation that would make laws
Executive: Which would make sure laws were carried out (Pres. & bureaucracy) The Judicial Branch: Which would interpret the laws and hear appeals (though the Constitution never specifies powers they assume) Each branch had a separate job, this is called the separation of powers, essentially an "invitation to struggle" |
|
|
Who were the Federalists?
|
Supporters of the Constitution (eg Madison, John Jay)
Supported ratification of Cons. Wanted strong, central gov Concerned about security and order (Hamilton) |
|
|
Who were the Anti-Federalists?
|
Opposed the ratification of the Constitution
Wanted states to have power over federal gov Corruption best kept in check at the local level Eg.: Samuel Adams, Patrick Henry |
|
|
The Bill of Rights
|
Adding the Bill of Rights (first ten amendments) led to the adopting of the Constitution: It gave the Anti-Fed some assurance that their civil liberties would not be infringed
Provided protections to citizens in the areas of free speech |
|
|
What is Federalism?
|
A political system in which two or more distinct levels of gov share and exercise power over same body of citizens
|
|
|
Although the Constitution touches on the topic of federalism, it was mainly concerned with...
|
The spelling out of the three branches of gov
|
|
|
The influence of Alexander Hamilton
|
Very right
Wanted strong, central fed gov and a presidency that came close to monarchy (lifetime president) |
|
|
Who's supposed to be more powerful?
|
Framers couldn't agree, so throughout US history, feds and states have been left to "slug it out."
Various clauses support national power (main body) |
|
|
Clauses that support national (federal) power
|
Supremacy clause: The constitution and laws were made under its provisions are the supreme law of the land. When fed power and state law conflict, federal law prevails. Fed gov should be dominant (under Article 6)
Interstate Commerce Clause: Congress regulates commerce between the states (business and economic relations in the US) we now call it economic activity Elastic clause or necessary and proper clause: Provides constitutional authorization for Congress to make any law required to carry out its powers (Law of the land; congress makes laws-federal body) |
|
|
Support for the states to have power
|
The tenth amendment: Powers not specifically reserved for feds (fed gov) are reserved for the states
|
|
|
Two views of Federalism
|
Dual federalism: national and state gov responsible for separate policy areas
-Layer cake model of federalism -Model prior to the New Deal era (1930s) Cooperative federalism: nat'l and state gov's share responsibilities for most domestic policy areas -Marble cake model of fed -Model after 1930s |
|
|
Possible alternatives to federalism
|
Unitary system: Gov in which all power is centralized
Confederal system: gov in which local units hold all the power -These systems are used in other countries, but not the US |
|
|
Upholding of 'Obamacare' Today
|
The Affordable Care Act: Has been challenged by Supreme Court, Healthcare act contains things that constitutionally debatable
Debate was over legality of this under the interstate commerce clause Majority 5-4 has decided that it is a tax and may therefore be levied legally |
|
|
Main debate on Obamacare
|
Mandate: To have health insurance, how can Fed. gov do that? Is that abuse of Fed. power? Clever legality: Both win-win, Rep. say that Obama's taxing and they won
Dem viewpoint: This is legal because healthcare is a service |
|
|
What are civil liberties?
|
Individual freedoms that place limitations on the power of gov. In general, civil liberties protect our right to think and act without gov. interference
|
|
|
What are civil rights?
|
Refer to the extension of gov action to secure citizenship rights for all members of society
|
|
|
Two different kinds of equality
|
In American political culture, we prefer to rely on gov to guarantee fair treatment and equal opportunity (a procedural view), rather than to manipulate fair and equal outcomes (a substantive view)
This distinction poses a problem for the Civil rights movement in America, the effort to achieve equal treatment by the laws for all Americans. When the laws are changed, which is a procedural solution, substantive action may still be necessary to ensure equal treatment in the future |
|
|
Rights denied on the basis of race: African Americans
|
Segregation and the era of Jim Crow Laws
-Poll taxes -Literacy tests -Grandfather clauses (meant poor uneducated whites didn't need to pass tests) |
|
|
Plessy v Ferguson (1896)
|
Established "separate but equal" doctrine
Upheld segregation Looked at 14th amendment, det that as long as they're AS good as each other, 14th is supported Earl Warren Chief Justice fairly liberal, in favor of extending civil rights to every one |
|
|
Overturning Plessy
|
-Brown v Board of Education (1954)
Desegregated schools and overturned Plessy NAACP assisted in this effort Set aside "stare decisis" (we were wrong) President and Congress lagged way behind the Supreme Court under Earl Warren |
|
|
The 1964 Civil Rights Act
|
Desegregated 'public accommodations' refers to schools, hotels, any kind of social service
Passed by LBJ (S. Dem) Used famous Johnson treatment to persuade old friends in the US (went against Dem friends) Record on civil rights as senator had not been great Why did he do it? Probably a mixture of morality and "out-Kennedying Kennedy" Where Kennedy failed, I will succeed. |
|
|
The 1965 Voting Rights Act
|
Literacy tests and poll taxes were used widely in Old south to prevent blacks from voting
Voting RIghts Act banned such tests In 1965, MLK Jr. and his supporters were marching from Selma to Alabama and they were being beaten by troopers Politically it would have been suicidal for Johnson to send in federal troops Here LBJ persuades white segregationist Governor of Alabama George Wallace to ask for federal troops to be sent to his state! |
|
|
what are civil liberties?
|
Series of "thou shalt nots" to the fed gov
Warnings about liberties that must not be infringed Contrast with civil rights (concept that gov must act, must 'level the playing field') |
|
|
Basic individual liberties are established where?
|
In the first ten amendments (Bill of Rights)
|
|
|
This is provided by the Constitution that the gov cannot fail to bring prisoners before a judge and inform the court why they are being held and what evidence is against them
|
habeas corpus
|
|
|
The national and state govs are forbidden to pass what laws?
|
Bill of Attainder (Laws that single out a person or group as guilty and impose punishment without trial)
|
|
|
Ex post facto laws
|
Laws that make an action a crime after the fact, even though it was legal when carried out. Can't pass these.
|
|
|
Bill of Rights was directed to where, and not to
|
To Congress, not originally designed to limit the conduct of state governments
|
|
|
Incorporation Doctrine
|
Over the years, Supreme Court decisions have made clear that other than on the second amendment, state govs must abide by the Bill of Rights. Known as what doctrine?
Part of trend towards national power |
|
|
Careful balancing act between individuals' rights and each other or society
|
Eg (homeland security and freedom)
|
|
|
The Patriot Act 2001
|
Strengthened the ability to get warrants and ability of FBI to wiretap suspects and intercept email and voicemail
|
|
|
First Amendment: Value of freedom of expression
|
Informed citizenry
Watchdog for gov Voice for the minority Preservation of the truth |
|
|
Restraints on Free speech
|
Sedition: Speech that criticizes the gov
Shouting "fire" in a crowded place (Justice Oliver Wendell Holmes) Clear and present danger tests: If there were no immediately threatening circumstances, the language in question would be protected, and Congress could not regulate it (Schenk v US 1919) McCarthyism in the 1950s Imminent Lawless Action Test: Political speech can be restricted only if it is aimed at producing "imminent lawless action." Mere advocacy of specific illegal acts is protected unless it leads to immediate illegal activity (Brandenburg v Ohio 1969) |
|
|
The 2nd Amendment: The Right to Bear Arms
|
The Brady Bill after assassination attempt on Ronald Reagan
Clinton signed into law but overturned Crime bill of 1994 banned various semiautomatic weapons (expired) |
|
|
Due Process of Law
|
Defendants entitled to this which means that laws must be reasonable and fair, and that those accused of breaking the law-and who stand to lose life, liberty, or property as a consequence-have the right to to appear before their judges to hear the charges and evidence against them, to have legal counsel, and to present any contradictory evidence in their defense
|
|
|
Harry did wrong according to the Constitution?
|
No warrant (4th)
Suspect had right to silence but forced to incriminate himself due to torture (5th) No attorney provided prior to interrogation, Harry becomes judge and jury himself (6th) No equal treatment under the law (14th) Judge doesn't mention "cruel and unusual punishment" (8th) Probably no Miranda statement either Miranda v Arizona (1966) landmark case which inspired the whole movie |
|
|
What is the establishment clause?
|
First Amendment guarantees that the government will not create and support an official state religion
|
|
|
Separationists
|
Believe that there should be a wall of separation between church and state
|
|
|
Accommodationists
|
Contend that the state should not be separate from religion but rather should accommodate it, without showing a preference for one religion over another
|
|
|
Constitutional differences between the House and Senate
|
Term length: H-2 yrs S-6 yrs
Min age: H-25, S-30 Citizenship req: H-7 yrs, S-9 yrs Residency: H-In state, S-In state Apportionment: H-Changes w/pop, S-Fixed; entire state Impeachment: H-Impeaches official, S-Tires impeached official Treaty-making power: H-no authority, S-2/3 approval Pres appointments: H-No authority, S-Majority approval |
|
|
Organizational differences between the House and Senate
|
Size: H-435 members, S-100 members
# of standing committees: H-20, S-16 Total committee assignments per member: H-App. 6, S-App. 11 Rules committee: H-Yes, S-No Limits on floor debate: H-Yes, S-No, filibuster possible |
|
|
Basic Powers of Congress and the President
|
Congress passes bills; pres signs or vetoes
Pres's state of the union address formulates policy Pres executes laws and is in charge of administering executive branch, Congress exercises oversight of executive branch activities Pres appoints cabinet, ambassadors, judges to fed courts, but Senate has "advise and consent" role Pres rep nat'l constituency; Congress rep district or state constituencies |
|
|
Powers of Congress
|
Body makes laws, courts interpret them (formidable power esp when leg is vague)
Congress sets up lower fed courts, determines salaries Congress decides jurisdiction for courts to hear cases Congress passes leg that limits courts' discretion to rule or impose sentences |
|
|
Politics of defining congressional districts
|
Reapportionment: A reallocation of congressional seats among the states every ten years, following the census
Redistricting: Process of redrawing of district lines in states with more than one representative (carried out by state legislators or commission) -Gerrymandering: redistricting to benefit a particular group or party (coined after Gov Elbridge Gerry in 1812/salamander) |
|
|
Two styles of Representation
|
Delegate model (Woodrow Wilson): Elected officials make decisions that directly reflect preferences of public majority (linked to variants of liberal view of human nature as positive and cooperative)
Trustee model (Edmund Burke): elected officials use their own judgment and experience to determine what is best for the nation Any member of Congress mixes both, to some extent |
|
|
Representation
|
The efforts by elected officials to look out for the interests of those who elect them, including keeping election promises made to voters
|
|
|
What is lawmaking?
|
The creation of policy to address the problems and needs of the entire nation, including making laws that help keep the country running
|
|
|
Reason why Congress so unpopular
|
The conflict between representation and lawmaking. Local good different from national good.
|
|
|
Four kinds of Representation
|
Policy rep: congressional work to advance the issues and ideological preferences of constituents
Allocative rep: congressional work to secure projects, services, and funds for the represented district -Pork barrel: public works projects and grants for specific districts paid for by general revenues (eg NASA in FL and Texas) Casework: legislative work on behalf of individual constituents to solve their problems with gov agencies and programs Symbolic rep: Efforts of members of congress to stand for american ideals or identify with common constituency values |
|
|
David Mayhew, in the Electoral Connection
|
Argues that members of Congress are single-minded seekers of reelection
They devote substantial resources to three basic activities: Adveritising, credit claiming (pork barrel politics, casework) Position taking (using role call votes and speeches to stake out a popular position more than to change policy, eg Constellation program 2004) |
|
|
In Running Scared, Anthony King like Mayhew says
|
Members of Congress skew their political activities toward self-ad, credit claiming, and position taking
The solution according to him is to lengthen the terms and hold elections with presidential elections |
|
|
"The Candidate" (1972)
|
Movie that brilliantly captures the modern obsession with campaigning as opposed to actually governing
Young challenger Bill McKay (Redford) challenges Rep Sen Crocker Jarman and eventually wins Movie ends, though, with McKay asking "what do we do now?" |
|
|
The Incumbency Factor
|
Another consequence of the electoral incentive
Tendency for incumbents to be reelected over and over and over (90% in House on average, no more than 5-`0 seats change hands, can be as high as 98%) Incumbents have big advantages over challengers (franking privilege, name recognition, established campaign apparatus, past experience of running, pork barrel spending) Also greater access to campaign funding (have established records) |
|
|
"It's Even Worse Than It Looks," Thomas Mann and Norman Ornstein argue that
|
Argued that Democratic and Republican voters seem to be further apart than ever
Republicans should be more polarized and so should democrats |
|
|
Democrats are now mostly a
|
Liberal party (til 80s, this party had sizeable # of conservatives)
|
|
|
Up until Realignment, both parties were a mixture of liberals and conservatives
|
Up until the 2 civil rights acts of the 1960s (realignment), dem became more liberal
|
|
|
Reasons for political polarization
|
Realignment
Emergence of news media, acc to poly sci |
|
|
Divided government
|
A situation where one party controls presidency, the other Congress (contrast with unified gov)
Mayhew argues it doesn't matter as much as you'd think Found that from 1946 to 2002, divided just as productive as unified (find way to compromise) But recent yrs, data has shown it to be more damaging Framers didn't intend on parties |
|
|
The Double Expectations Gap 1
|
2 ways contradictory:
Gap between pres. promises and powers of the office Unlimited promises versus limited ability to deliver We demand that candidates promise us everything during campaign but their limited formal powers prevent them from delivering while in office. "On day one of a Romney Presidency..." |
|
|
The Double Expectations Gap 2
|
Head of state vs. Head of gov
Head of state: the apolitical, unifying role of the pres as symbolic rep of the whole country (Queen of Britain) Head of gov: The political role of the pres as leader of a political party, must please them, broker deals, work to pass legislation, the decider Most nations have separate people for these roles Best presidents able to combine two effectively (eg Dwight Eisenhower) Expect pres. especially in times of crisis to act as father figure |
|
|
The evolution of the American Presidency
|
The experience of the Articles (non existent executive)
Result was a desire: to balance the two (republicanism, not democracy) The powers of the pres. worked out in Philadelphia reflected a series of compromises (eg electoral college, power of executive, presidential term, impeachment for wrong doing) over time, power has greatly increased (traditional v modern presidencies) |
|
|
Constitutional powers of the Presidency
|
Executive powers
Chief administrator: head of fed agencies, and responsible for the implementation of nat'l policy, appoints cabinet members (head of deps & agencies) Commander in chief-top officer of the country's military establishment and civilian head of American military forces Chief foreign policy maker: negotiates treaties, makes executive agreements with other countries |
|
|
Legislative powers of the Presidency
|
State of the union address, speech given by the president to a joint session of congress to the nation announcing his agenda
Presidential veto: his authority to reject a bill passed by congress may only be overridden by 2/3 majority in each house, veto threat often brings congressional compromise |
|
|
Leg powers of pres (cont'd)
|
Executive orders: clarification of congressional policy issued by the president and having the full force of law
Power to clarify how to execute law but may change law, way of getting around will of congress Historically responsible for major policy shifts (eg Harry Truman desegregates army) Signing statements: often confused with executive orders and highly controversial. When the pres signs legislation enacted by congress, he may issue a written statement on his actions (controversial bc constitution says sign it or don't sign it) sign parts |
|
|
Executive privilege
|
Long-established tradition (not in Constitution) but used by many pres
Nixon tried to invoke it during watergate scandal, George HW Bush invoked it over failed attempt to nominate Harriet Myers to supreme court, Obama has recently invoked it over "fast and furious" affair |
|
|
Signing statements
|
Not new
Been increasinly used since 1970s and 1980s to express presidential view on the constitutionality and desirability of a given law Assertion of right not to enforce certain parts of laws (I am signing this, but am not bound by some of its provisions) Good ex is the Detainee Treatment Act of 2005 sponsored by Senator John McCain (forbids torture) Obama did this too in 2012 NDAA, stating that his "administration will not authorize the indefinite military detention without trial of American citizens" |
|
|
Judicial powers of the presidency
|
Judicial appointments: nominate judges to the federal courts and justices to Supreme court (lifetime terms)
Pardoning power: release or excuse person from legal penalties of a crime (often controversial and mostly done at end of term, eg Gerald Ford's pardoning of Richard Nixon 1974, George HW Bush and Iran-Contra pardons) |
