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51 Cards in this Set

  • Front
  • Back

Legislative Branch: Envision of Framers

Preeminent branch of the federal government.



given most important duty: Rep and legislate


but did not trust politicians


Bi-cameral (Senate then House) as a set of internal checks and balances


Still believed in States rights but unsure on it

Legislative Branch: Development

Over time, congress has changed due to party unity.


political alliance more important to officials


to appear more competent and help with personal district


gridlock and stagnation plagues congress


due to structure

Issue with structure of congress

designed for very narrow minded politics, not dealing with national issues. elections drive almost all policy


What is problematic, if anything, about having legislators who have responsibilities in both Washington and their home districts?

These responsibilities to Washington and home districts creates contradictory feelings. In washington, work as a group (usually with party) to represent ideals, however, they also try to satisfy the issues unique to their constituency.



What are each of these responsibilities and how do members of Congress satisfy both?

Washington: deal with legislation of the federal government


Home districts: produce or pass legislation that would be beneficial to constituents directly



Use pork spending and log-rolling


In running for Congress, what personal standards, both Constitutional and informal, might a candidate wish to consider?

House: 25 years old, legal resident of district to run for, citizen for


Senate: 30 years old, legal resident of representing state



White lawyer bussinessman domination

Structure of Congress: House of Representatives

435 members


2 year terms


Districts based on census, drawn by state govs

Structure of Congress: Senate

100 members, 2 from each state


6 year terms


no term limit

Structure of Congress

Bi-cameral to prevent tyranical politics


requires laws to go through both houses, election method supposed to balance power and representation

Bill becomes a law

a) Introduced bill is given number and assigned to relevant committee
-A bill is introduced in the House or the Senate, where it is sent to the relevant committee.
-most bills die in committee


b) Committee action
-Most of the work on legislation is done in committees and subcommittees. Hearings are held, the bill can be revised, and a recommen-dation to pass or table the bill is made.



c) Floor Action
-Before debate takes place in the House, the House Rules Committee defines the rules for debate. In the Senate, the leadership proposes rules for floor action. The legislation is debated on the floor, amendments are proposed, and the bill is voted on by the full membership of the House or the Senate.



d) Conference Action
-If the bill passes and no similar bill has been passed by the other chamber, it is sent to that chamber for consideration. If the other chamber has passed a similar bill, a conference committee of members of both chambers is formed to work out a compromise version, which is sent to the full membership of both chambers for final approval. Only if a bill passes both chambers in identical form is it sent to the president



e) Executive action
-If the president signs the bill, it becomes law. A presidential veto can be overridden by a two- thirds majority in each chamber.

Constitutional Constitutional Authority of President’s Roles: Commander in Chief

Article II Section 2 - "president shall be commander in chief of the Army and Navy of the United States, and state militia

Constitutional Constitutional Authority of President’s Roles: Chief Executive

Article II Section 2 - "He may require the opinion, in writing, of the principal oficer in each of the executive departments, upon any subject relating to the duties of their respective ofices, and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.”



Article II Section 2 - T



Article II Section 3 - He shall take care that the laws be faithfully executed, and shall commission all the ofi cers of the United States.

Constitutional Constitutional Authority of President’s Roles: Chief Diplomat

Article II Section 2 - o make treaties, 2/3 of present senators must concur, nominate for appointment



Article II Section 3 - Receive ambassadors and other prime ministers

Constitutional Constitutional Authority of President’s Roles: Legislative Leader

Article II Section 3 - He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper.” ( Article I, Section 7, which deines the president’s veto power, is also part of his legislative authority.)

Presidency: Running requirements

Natural born citizen


35 years old


resident in the country for 14 years

Executive Powers: Bully pulpit

Using his presence as the president to try and persuade PUBLIC
When president advocates for his policies and goes straight to the public

Non-Domestic - President is able to act most on his own, most power.
Why have only president?

Benefits of having one president = decisiveness
Constitution States that president is the chief diplomat

Commander In Chief - Final say on military decisions


i. War is different today than when they wrote commander in chief…does that mean that his power should be different?
ii. Congress’ power - Article I to declare war and raise and support armies (declare war and funding the military)
HUGE Conflicts between Congress and the President by dividing the power

If Constitution divides power —> Power to declare war
a. Last time congress has declared war was World War II. (the act of officially declaring war)

The War powers resolution act: Passed by congress in the wake of Vietnam because they felt the president was abusing his powers.

Allows President to use military to his discretion, when:
1. a national emergency created by attack upon the US
2. Specific authorization from congress
3. Congress gives declaration of war
- Designed to limit the presidents abilities to make war. In reality, it does the opposite
i. President ignores
ii. NOT “hostilities”; only applies when we are in hostilities

What is the President's role in passing laws? How can he affect the outcome?

i. Gets final say
-can veto laws that have been agreed upon by Congress
ii. Can create laws and stop laws
iii. Must sign law within 10 days of conference committee submission

How has Congress tried to reassert itself into military affairs? Has it been successful? Why or why not? What Constitutional problems does their attempt possibly have?

i. War Powers act of 1973 put a limit on the amount of days the president can deploy troops in hostile areas and requires congress to approve extension. the president is given an additional 30 days to withdraw those troops after the 60 days are up and no extension from congress has been received.
ii. It has not been successful, Presidents have been able to basically ignore and Congress inaction provides no accountability
iii. Presidents claim as commander in chief they have control of the military
-Supreme courts have yet to make decision on this matter; leaving up to each presidents interpretation

How did the Framers envision the judicial branch? Has it developed this way? Why or why not?


i. Framers envisioned the Judicial branch to be the weakest branch of the Federal government, with power resting on judgement
- judicial power rests on what Hamilton called “ judgment”— the reasonableness and fairness of its decisions. The best way to ensure that judicial decisions meet this standard, Hamilton claimed, is to grant life tenure to federal judges so that they are free of all allegiances except to the rule of law.
ii. Has not developed this was
iii. Constitution is vague and very open to interpretation. Over time, power of Judicial branch to interpret things the way they believe and establish precedent. Their political views often form their decisions, thus making them political and legal. The judiciary has become more extensively involved in policymaking for many of the same reasons that Congress and the president have been thrust into new policy areas and become more deeply involved in old ones. Social and economic changes have required government to play a larger role in society, and this development has generated a seemingly endless series of new legal controversies.
-Constitution, for example, is a sparsely worded document and must be adapted to new and changing situations. The judiciary also has no choice at times but to impose meaning on statutory law. Statutes are typically more detailed in their provisions than is the Constitution, but Congress cannot always anticipate the specific applications of a legislative act and often statutory provisions in general terms.
-The judiciary is then required to determine what the language means in the context of a specii c case. Precedent is even less precise as a guide to decisions in that it is specii c to particular cases. A new case may differ in important ways from its closest precedent or rest at the intersection of competing precedents. In such instances, a judge must determine which precedent, if any, applies to the case at hand.
- Elected officials also have ways of influencing the courts. Congress can rewrite legislation that it feels the judiciary has misinterpreted. Meanwhile, the president is responsible for enforcing court decisions and has some influence over the cases that come before the courts.
- The difficulty of amending the Constitution ( approval by two- thirds majorities in the House and Senate and by three- fourths of the states) makes it an impracticable means of reversing Supreme Court decisions.
-The Sixteenth Amendment, which grants the federal government the power to levy income taxes, is one of the few times that a Supreme Court decision has been reversed through constitutional amendment.

How is the judicial branch structured?

Split into three tiers.
a) US Supreme Court is the highest
b) Lower State Courts —> State Supreme Courts —> US Supreme Court
c) US District Courts —> US Courts of Appeal ——> US Supreme Court
d) Special Federal Court ——> US Supreme Court




ii. The Supreme Court of the United States is the nation’s highest court. It has nine members— the chief justice and eight associate justices. The chief justice presides over the Court but has the same voting power as each of the other justices.

What are the two general philosophies about Constitutional interpretation a Supreme Court justice might have? Which do you prefer? Why?

i. Originalism theory - prominent conservative view, interpret as it would have been at the time it was written.
a) Wording of law is the key to understanding how the law should be interpreted
-“ It requires immersing oneself in the political and intellectual atmosphere of the time— somehow placing out of mind knowledge that we have which an earlier age did not.”
ii. Living Constitution theory - prominent liberal view, interpret the constitution in light of changing circumstances
a) cite the preamble of the 1787 Constitutional Convention’s Committee of Detail, which says the Constitution “ ought to be accommodated to times and events.”
- judiciary should promote in today’s world the kind of government the Constitution was meant to establish. Constitution provides framework of government while protecting personal liberties
iii. I prefer the Living Constitution theory - just by looking at today’s social issues and political issues that are not mentioned in the constitution it is apparent that this theory is necessary for interpreting new legislation such as marijuana legalization or immigration. Also, laws that the constitution does mention, such as 2nd amendment, need to be contextualized. The definition of “Arms” in 18th century is not the same in present day, and wasn’t 50 years ago.

Interpreting the Constitution:


Living Constitution theory

prominent liberal view, interpret the constitution in light of changing circumstances

Which do I prefer?

cite the preamble of the 1787 Constitutional Convention’s Committee of Detail, which says the Constitution “ ought to be accommodated to times and events.”
- judiciary should promote in today’s world the kind of government the Constitution was meant to establish. Constitution provides framework of government while protecting personal liberties


How does a Justice make his/her decision about a case? Is this policymaking? Why or why not? Does this bother you?

i. After hearing the case, judicial conference of the 9 justices is held
a) this is when discussions of the case take place, and eventual voting.
b) Judicial Conferences are secret
ii. Decides on issues of constitutionalism, statutes and infringements of rights
iii. It is policy making
iv. The can dictate laws to be constitutional or not based on political views, or influences from the executive, legislative, and outside factors. The Supreme Court’s appellate jurisdiction extends to cases arising under the Constitution, federal law and regulations, and treaties. The Court also hears appeals involving legal controversies that cross state or national boundaries.
v. Yes bothers me.

Constitutional authority: Judicial Branch

Article III of the Constitution grants the Supreme Court both original and appellate jurisdiction

Constitutional authority: Judicial Branch

The Constitution provides for the Supreme Court of the United States but gives Congress the power to determine the number and types of lower federal courts.

Executive power to appoint Supreme court judges

All federal judges are nominated and appointed to office by the president, subject to confirmation by majority vote in the Senate.

No restrictions on jusgeship

Constitution places no age, residency, or citizenship requirements on the ofi ce of federal judge.

Supreme Court: most important work

Appellate jurisdiction is the authority to review cases that have already been heard in lower courts and are appealed to a higher court by the losing party. These higher courts are called appeals courts or appellate courts. they determine whether a trial court in hearing a case has acted in accord with applicable law.

Supreme Court’s appellate jurisdiction

extends to cases arising under the Constitution, federal law and regulations, and treaties. The Court also hears appeals involving legal controversies that cross state or national boundaries.

Judicial authority -exceptions

Article III of the Constitution gives Congress the power to create “exceptions” to the Supreme Court’s appellate jurisdiction, whereas its original jurisdiction is unalterable by Congress.

Supreme Court’s power is most apparent

when it declares another institution’s action to be unconstitutional. This power, called judicial review, was i rst asserted by the Supreme Court in Marbury v. Madison ( 1803), when the Court rebuked both Congress and the president

Supreme court process

Each side also provides the Court a written brief, which contains its full argument.



The oral session is followed by the judicial conference, which is attended only by the nine justices and in which they discuss and vote on the case.



The chief justice has the option of speaking first on the case and can sometimes influence the decision by framing the choice in a persuasive way.



Regardless, the conference’s proceedings are secret, which allows the justices to speak freely about a case and to change their positions as the discussion progresses.

Sources of law constraining the Judiciary Branch: Constitution

1. Thus, judges are accorded some degree of discretion in their constitutional judgments.

Sources of law constraining the Judiciary Branch: Statutory Law

1. As a result, judges have some freedom in deciding cases based on statutes.

Sources of law constraining the Judiciary Branch: Precedent

1. Because times change and not all cases have a clear precedent, judges have some discretion in their evaluation of the way earlier cases apply to a current case.

Senate tactic: nuclear option

This was a rules change which ended filibusters on judicial nominations and some high-level executive appointments



passed by DEM, opposed by REP

Senate Tactics: poison pill

These are amendments that are so unpopular that they ensure that a bill will never receive majority support.

Vote of Cloture

A filibuster can only be ended with a vote of “cloture” which means that 60 members agree to end debate. Filibusters (or the threat of one) are so common now that is generally assumed that 60 Senators must agree on a bill for it to pass the Senate

House Debate

here are different rules governing debate in each house. In the House of Representatives, debate is normally limited to one hour, with thirty minutes each for proponents and opponents. Members are allowed to offer amendments, but those amendments must be “germane” – that is, be the same subject matter as the bill itself. The House Rules Committee can change any of these rules

Senate debate

filibuster


Because there is usually no germaneness rule in the Senate, Senators sometimes amend a bill with a “poison pill.” These are amendments that are so unpopular that they ensure that a bill will never receive majority support.

President: Developed to national policy leader

Presidency has developed to be much more powerful than framers envisioned.
How president has become national policy leader
-National Election:
-Singular Authority:



-Presidency is structured in a “one man says all” way that allows for easier control and leadership on national issues.

Presidential power: foreign arena

Benefits of having one president = decisiveness
Constitution States that president is the chief diplomat

Congressional Authority: Declaring war

Article I to declare war and raise and support armies (declare war and funding the military)



War powers act. 60 days in hostile area to receive funding. 30 to return home if not granted (90 days max) w/o congress

Framers envision: Judicial branch

judicial power rests on what Hamilton called “ judgment”— the reasonableness and fairness of its decisions. The best way to ensure that judicial decisions meet this standard, Hamilton claimed, is to grant life tenure to federal judges so that they are free of all allegiances except to the rule of law.

Development: Judicial Branch

Constitution is vague and very open to interpretation.



Over time, power of Judicial branch to interpret things the way they believe and establish precedent. Their political views often form their decisions, thus making them political and legal.



The judiciary has become more extensively involved in policymaking for many of the same reasons that Congress and the president have been thrust into new policy areas and become more deeply involved in old ones.



Social and economic changes have required government to play a larger role in society, and this development has generated a seemingly endless series of new legal controversies.

Judicial branch: policymaker

The judiciary also has no choice at times but to impose meaning on statutory law. Statutes are typically more detailed in their provisions than is the Constitution, but Congress cannot always anticipate the specific applications of a legislative act and often statutory provisions in general terms.



judiciary is then required to determine what the language means in the context of a specii c case. Precedent is even less precise as a guide to decisions in that it is specii c to particular cases. A new case may differ in important ways from its closest precedent or rest at the intersection of competing precedents. In such instances, a judge must determine which precedent, if any, applies to the case at hand.
- Elected officials also have ways of influencing the courts. Congress can rewrite legislation that it feels the judiciary has misinterpreted. Meanwhile, the president is responsible for enforcing court decisions and has some influence over the cases that come before the courts.
- The difficulty of amending the Constitution ( approval by two- thirds majorities in the House and Senate and by three- fourths of the states) makes it an impracticable means of reversing Supreme Court decisions.

16th amendment

The Sixteenth Amendment, which grants the federal government the power to levy income taxes, is one of the few times that a Supreme Court decision has been reversed through constitutional amendment.