NEED TO KNOW: Unit 4 - Institutions of Government
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
Powers of Congress
 Money & Commerce
 War Powers


Non-Legislative Powers


Declare War, Raise & Regulate Military,
Power of the Purse
Congressional Oversight
Organization
 Leadership






In HoR, Speaker most powerful
In Senate, MAJORITY Leader most
powerful
Seniority very important
Choose leaders
Set agenda
Committee Chairs
Caucuses – growing rival to parties


Groups of Congressmen who represent
similar interests
Staff Agencies – Help Congress

CBO, GAO
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
Hearings, and possible amendments (riders)
Reported out of committee
Debated by entire house (different
rules for each house)
If passed (majority), goes to other
house – same process
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)
Presidency
 Requirements – 35 years old, 14 years
resident, natural born citizen
 Term of Office – 4 year term, 2 terms
max
 Succession
Majority Party has all real power



Electoral duties, impeachment,
investigation, propose amendments
Approve Treaties and Appointments
Sets limit for debate and decides what types
of amendments can be added (if any) –
VERY POWERFUL
How a Bill Becomes a Law
 Can start in either house (except
revenue bills)
 Assigned to committee
Executive Powers (held by Senate)




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
Roles of President
 Commander-in-Chief, Chief
Diplomat, Chief of State, Chief of
Party, Chief Legislator, Chief
Administrator, Chief Executive, Chief
Citizen

Powers of President
 Executive Powers



Informal Powers often come from
President’s access to media
Executive Branch
 White House Staff (helps Prez day-today)


Chief of Staff
OMB
Cabinet




Headed by Secretary
Job Specialization
Independent Agencies



Independent Exec. Agencies (NASA, EPA)
Independent Regulatory Agency (Fed, SEC)
Government Corporations (Amtrak, USPS)
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
Appointment of Bureaucracy
 Competitive Service


Replaces Spoils System


Pendleton Act (After assassination of James
Garfield)

Largely representative of America as a
whole
At top levels, very unrepresentative
Bureaucrats hard to fire
Firing (sometimes), Reorganization
Federal Court System
 Dual Court System – Fed & States
 Supreme Court, Constitutional Courts,
Special Courts



94 District Courts; 12 Courts of Appeals
Jurisdiction

District = original, Appeals = appellate, SC
= both
Prez appoints Judges; Sen Confirms


Senatorial Courtesy for lower courts
Litmus Test
Life Term – free from politics
The Court in Action
 Getting to Court





Fee-Shifting, In Forma Pauperis, ClassAction 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

Oral Arguments
Conference


Amicus Curiae
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


Demographics


Based on Merit
Must take test
Oversight, Authorization, Appropriation,
Investigation, Committee Clearance
Presidential Control



Red Tape, Waste, Conflict
Legal Constraints
Congressional Control

EOP (Exec. Office of Prez)




Pardons and Reprieves
Formal Powers vs. Informal Powers


Propose Legislation (SOTU), veto power
Judicial Powers


Commander-in-Chief, Treaties, Recognition
Legislative Powers


Executive Orders
Military/Foreign Powers

Checking the Bureaucracy
 Problems of Bureaucracy

Warren Court (60s) – Very Liberal
Berger/Rehnquist Courts (70s, 80s, 90s) –
Conservative
Roberts Court (200os) – Back and Forth
Court Cases to Know


INS v. Chadha
US v. Nixon