Executive Branch
Sources of Presidential Power
Constitutional power
not too democratic
presidency
beholden to large States
presidency no
presidency checked by other branches
to
checks other branches
·
presidency would play final role in the Conduct of foreign policy
and the military
president should unite parties/conflicts in best interest of nation
Collective Dilemmas
small states
vs
.
large states
problem of representation
power has grown over time
Executive branch more hierarchical
·
·
needs info
must solve
from trusted agents
broad collective dilemmas
Shaping the modern Presidency
19th
century
·
·
↓
, Abraham Lincoln ,
Andrew. Jackson
van Buren
Lundn
more
military strength-military leader
President as Voice of People
7
·
·
went against
Congress for sake people
believed president could overcome disagreements between
congress & individual states
Spoils System & Partisan Goals
·
spoils system
Van Burden : used it to increase strength of own
party
allowed him to make denforce laws quicker
·
campaigning strategy :
Fear of
201 & 21
Century
party
gou vs United go
Developing the populist presidency
divided
.
Woodrow
Wilson-changed Stigma about giving speeches
> Presidents
now more reliant on public opinion
-
Enhancing Presidential Power Military and Economic means
,
,
20th century
Roosevelt
Theodore
Bully pulpit
-
being president was a "privilege, should use
advantage of people
regulate American business
for the
·
Woodrow Wilson
President
·
=
European Leaders
FDR
·
New Deal
Today's Presidency
administrative law-body of law created by exec agencies with
the purpose
of
Executive Orders
Executive Orders
-
refining law passed in legislation
means
↑
by which the president can instruct
Federal department & bureaus on how to execute laws
·
change policies
paws often broad due to time constraints
#Change in policies can be vetoed
executive
.
agreements agreement between U S
not as
-
formal as
treaty
.
& other nation
Signing statement-public statement by president attached to bill
about how pres
interprets it
administrative and Financial Resources
Exec office of the President
-
money approved by congress
Vice president
12th amendment
·
changed how uP chosen
tie breaking role is Senate
Is the President too
powerful
Investigation and Impeachment
·
independent , private-sector counsel
hired to investigate
gou officials
Special prosecutors
-
Impeachment-process where the House formally charges
a
gor official with "treason ,
crimes & misdemeanors
other
bribery,
or
other high
democracies
parliamentary democracy the exec is elected by the
Britain
legislative & gor is responsible to the legislative
Presidential system where the executive is elected
:
:
& the
gov is not responsible to legislative
mixed presidential system : exec is elected ind. & shares
independently
responsibility for gov
with legislative France
Judicial Branch
Established
·
By Article III
"the judicial Power of the united States
shall be vested in one supreme
,
court , and such interior courts as the
to time
ordain & establish
Explicitly create 1 Supreme Court
·
Congress fromtime
to time
"
what did this create
guarantees judicial Independence
·
·
judges sere for life
un-bias
salaries can't be lowered
a Justices
·
:
-
not
specified by constitution rather by congress
Congress has power to create interior courts
including
courts of
/lower courts
appeal , district courts & Federal Tribunals
,
congress establishes & determines how the lower courts operate
Federalist 78
(1788)
which Federalists did Hamilton talk about Judicial ?
by Hamilton : "Judiciary would be the least dangerous branch of gov
·
since it can neither wage war nor collectfaxes
*
·
"
.
finding founders thought most dangerous Congress
:
,
President, Court
early argument for the power of Judicial Review
against constitution
. Madison (1803)
which case ?
Marbury vs
↓
let nothing pass that
·
strikes down law by congress as
-
·
-
John marshall
Chief Justice
·
·
unconstitutional
power of judicial Review > showed power of branch
who
of this case
depends on public/othe branchtrusting & enforcing their
decisions
Roles/responsibilities
Constitutionalism
·
judicial review
-
whether or not other branches
comply with
constitution
·
checks & Balances
stays within bounds of constit.
The judicial branch also demonstrates the importance of
ensures other branches
·
powers
Separation of
·
judicial independence ensures separation
Supreme
·
Court
a Judges
unique position of the Supreme Court stems , in large part,
from the deep commitment of the American people to the
Rule of Law and to constitutional government
·
precedent-important for what decision made now
judges should make decision based on constitution &
precedent
,
rather than own political beliefs
how other branches check supreme court
president-appoints judges
must be approved
by Senate
congress can set up inferior courts
constitution does not
·
·
9
specify # of Judges
Judges since 1869
Judges can be impeached
:
expanding size of court
·
·
pass bill to make happen
& Senate
pass in house
urrenty unlikely cuz
president would then fill seals neither have 60 seats
in senate to stop
Congress can limit funding to court Filibuster
limiting the cases court can hear; can control the
·
·
·
g
jurisdiction
doesn't happen often
·
jurisdiction stricting
Declaration of Independence
·
key points
:
long quoted by others as a defense
defiance of
three parts
of revolution and in
authority
I reason for the rebellion natural
,
rightsa social contract as
reasoning
2
. list of grievances
.
3
·
written
Actual declaration
Jefferson , Ben Franklin
by
thomas
adopted July 4th
,
John
Adams + 2
Confederation
Articles of
held states together for
·
fight against Britain
key points
feared exec power
·
set up weak central
limited
a
legislative
no
congress
executive power
power lay in states
·
·
congress their for international situations
·
new bill :
9/13
amendment:
US
.
you consisting of
13113
Government under the Articles
.
States felt
·
·
independent
national gor power
win
·
·
money
direct post office
negotiate
·
with international
1 stale 1 coll
=
Economic problems started to Arise
·
national you could not tax
·
·
couldn't
pay back
war debts
couldn't secure loans
currency (continental)
Shay's Rebellion
·
·
national
1786 : in
=
worthless
debled farmers marched on courthouse
no funds = no army-no defense
with
The Constitution
·
George Washingor resided over convention
Constitutional Debates
Salvery
·
if slaves counted towards population
then
should also
costs associated with national gov
fully in supporting
be
·
,
Virginia plan
Upper house
-
nominated by state legislatured elected by lower
house
lower house
elected
·
Executive
·
by people
1 person
appointed by legislative
New
jersey plan
members
appointed by states
executive
multi-person
Drafting
·
a new
constitution
began with serious of Debates at the Philadelphia Convention
3 main agreement
compromise
3/5 compromise
electoral college
took years to get
completely ratified (13/73)
bill of nights added by requestof larger states
Contents of the constitution
·
preamble
Articles (7)
·
·
Bill of rights
rest of amendments
The Articles
I : legislative
#
:
-
Executive
Judicial
III :
# relationship betweenstates , each state & gov
:
I :
altering constitution
# : laws & treaties made in accordance
#1
:
#of stale ratifications for constitution
with
the
supreme
law
to take effect
Article 5
amendment process
12/3 of both houses agree
2) ratification
Congress decides mode for ratification
3/4 role of state legislature
·
·
Bill of Rights
ant-federalists wanted to protect against possible tyrannical President
·
=
King
federalists (lazy) too long to ratify
by house 12 by Senate
3-12 approved
by congress & ratified by 3/4 of 14 states
George Washington informed others about ratification
It apposed
·
on Jan
.
18
. 1792
,
Federalist 15
theme : U S could not
·
.
.
long survive
if the
government under the Articles
paper
·
country continued to be
importance of Union for political safety & happiness
territories in possession of
·
·
freigh powers
lack of commerce
gov needed to deal with evil of men
·
men want more power
not good to have multiple
sovereigh stakes in one county
Federalists won cuz agenda control
·
let in favor states role first
Federalist 51
by James Madison
·
explains
·
why
new constitution makes liberty possible
assumed different factions would
one group shouldn't
control
by nature have
everyone
conflict
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