Congress

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UNITED STATES
GOVERNMENT
ROLE IN POLICY MAKING:
FOREIGN AND DOMESTIC
POLICY MAKING
• What is public policy?
• Easy definition
• Public policy is a course of action adopted and pursued by a
government.
• More complex definition
• Public policy is a purposive and consistent course of action
produced as a response to a perceived problem of a
constituency, formulated by a specific political process, and
adopted, implemented, and enforced by a public agency.
DEFINING THE DEFINITION
• “…purposive and consistent course of action…”
• Absent of logical contradictions
• “…response to a perceived problem of a constituency…”
• Government must decide both if there is a problem, and if it is
worthy of action
• “…formulated by a specific political process…”
• The government must formulate a specific pplan of action to
remedy the problem
• “…adopted, implemented, and enforced by a public agency…”
• There must be a government group to implement the
solution…actionmust happen
SO…HOW MUCH SHOULD THE
GOVERNMENT GET INVOLVED?
• Policy formation and implementation is often tied
into “party ideology”
• Liberals often believe human action and interaction often
has implications beyond the main parties, meaning the
government has the right and duty to step in and mitigate
negative implications while maximizing positive implications
• Conservatives often believe most human interaction is
voluntary and private among autonomous individuals, and
therefore the government (no matter how well intentioned)
should let them be
WHY DO WE CALL IT “PUBLIC POLICY?”
• How is this different from your parents discussing
when you have to “mow the lawn?”
• The British claim that before policy can be
determined, debate/discussion over an “issue” is
held.
• Issue gives the idea we are talking about something of
importance…meaning we have to give it a relative value.
• Whose value do we use?
• How much importance should be placed on this?
PROBLEMS?
• What do you see as possible problems to policy
formation?
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Political goals?
Financial backers?
Lobbyists?
Constituent needs throughout the country?
International?
Political party beliefs, other than yours?
Fractured government?
“POLICY CIRCLE”
(POLICYPROJECT.ORG)
Issue
Framing
Data
Analysis
Advocacy
and
Implement
Agenda
Set
Policy
Formation
WHAT ARE USUAL AREAS OF POLICY
CONCERN FOR THE UNITED STATES?
• Domestic
• Education, Welfare, Health Care, etc.
• Foreign
• Trade Balance, Oil, Foreign Aid, Human Rights
• Economic
• Trade Balance, Inflation, etc.
• Energy
• Environment, Green Jobs, Gas/Oil, Climate Change, etc.
• National Security
• US Military, Terrorism, Conflict Resolution, Human Rights
• Media & Communications
• Race & Ethnicity, Public Opinion, Elections, Online Issues
WORK OF THE BRANCHES
• Policy formation may take on a different form from
the different government branches.
• How would the area of Human Rights be explored or
advanced by the different branches?
• How would the area of Voting Rights be explored or
advanced by the different branches?
• Death penalty? Oil needs? Minimum wage?
THE UNITED STATES
CONGRESS
WHY BICAMERAL??
• ARTICLE I, SECTION 1, CLAUSE 1:
• “All legislative powers herein granted shall be
vested in a Congress of the United States, which
shall consist of a Senate and a House of
Representatives”
• Historical - all they knew from lives in England
• Practical – settle conflict between Virginia
and New Jersey plans
• Theoretical – one chamber would act as a
check on the other.
• Adding to this is separating all GOVERNMENT
power into three branches.
WORK PERIODS
• TERM – 2 year periods, numbered consecutively
• Begins on/around January 3rd of each odd numbered
year
• Usually first Monday of the month
• Currently in the 114th Congress
• SESSION – 1 year period (1/2 a term)
• Will adjourn (suspend business) at the end of each
session until the next January
• Called adjourning “sine die” (for good)
• SPECIAL SESSION – can only be called by the
President after Congress has adjourned “sine
die”
HOUSE OF REPRESENTATIVES
• 114th Congress
• 245 Republicans
• 188 Democrats
• 2 Vacant
• Serve from January
3, 2013 to January
3, 2015
HOUSE OF REPRESENTATIVES
• Size of the House of Reps – 435 Members
• Based on “Reapportionment Act of 1929”
• Seats distributed based on population
• APPORTION / REAPPORTION
• Every ten years based on the census
• Each state is guaranteed at least one seat
• Biggest problem is the reapportionment after
census
• GERRYMANDERING
• WESBERRY v. SANDERS (1964)
• Length of service of a member – 2 years
• Elections held the same day in every state
• Every state is a “single member district”
HOUSE OF REPRESENTATIVES
• FORMAL QUALIFICATIONS
• 25 years old, citizen of US for 7 years, live in state you
wish to represent
• INFORMAL QUALIFICATIONS
• Usually has to do with vote getting abilities
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Party ID
Name familiarity
Gender
Ethnicity
Political Experience
JOHN BOEHNER
• Speaker of the
House
• Republican
• Ohio
KEVIN MCCARTHY
• House Majority
Leader
• Republican
• California
STEVE SCALISE
• House Majority Whip
• Republican
• Louisiana
NANCY PELOSI
• House Minority
Leader
• Democrat
• California
STENY HOYER
• House Minority Whip
• Democrat
• Maryland
MIKE ROGERS
• Michigan 8th District
• Republican
• Chair of House
Permanent Select
Committee on
Intelligence
SENATE
• 114th Congress
• 53 Democrats
• 2 Independents (w/
Democrats)
• 45 Republicans
• Will serve from
January 3, 2013 to
January 3, 2015
SENATE
• Size of Senate – 100 members
• 2 per state
• Based on equal representation
• Hopefully, more “learned” members
• Length of Service – 6 years
• Continuous Body”
• 1/3rd up for election every two years
• Seen as the more “respected” body
historically
SENATE
• FORMAL QUALIFICATIONS
• 30, lived in US for 9 years, live in state which
you represent
• INFORMAL QUALIFICATIONS
• Usually has to do with vote getting abilities
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Party ID
Name familiarity
Gender
Ethnicity
Political Experience – MAJOR PART HERE
JOSEPH BIDEN
• Vice President of
the United States
• President of the
Senate
• Democrat
• Delaware
ORRIN HATCH
• President Pro
Tempore
• Republican
• Utah
HARRY REID
• Senate Majority
Leader
• Democrat
• Nevada
RICHARD DURBIN
• Senate Majority
Whip
• Democrat
• Illinois
MITCH MCCONNELL
• Senate Minority
Leader
• Republican
• Kentucky
JON CORNYN
• Senate Minority
Whip
• Republican
• Texas
DEBBIE STABENOW
• Junior Senator from
Michigan
• 2001-Present
• Up for re-election in 2018
• Democrat
• Born in Gladwin, but
now lives in the Lansing
Area
• Ranking Member of
Senate Agriculture
Committee
GARY PETERS
• Senior Senator from
Michigan
• 2014-Present
• Up for reelection in 2020
Democrat
• Born: Pontiac, MI
POWERS OF CONGRESS
• Expressed
• Article I, Section 8
• Implied
• Article I, Section 8, Clause 18
• 14th Amendment
• Inherent
• Natural
SCOPE OF CONGRESSIONAL
POWERS
THREE TYPES OF POWERS
• Expressed
• Written down
• Article I, Section 8
• Implied
• Common Sense; reasonably derived
• Article I, Section 8, Clause 18
• Necessary & Proper Clause (Elastic Clause)
• Inherent
• Natural
• Right to have free elections, make war & peace,
treaties, develop a money source, etc.
APPLYING THE POWERS
• STRICT CONSTRUCTIONISTS
• Anti-Federalists (Led by Thomas Jefferson)
• Wanted a very tight interpretation of the
Constitution
• Congress only uses those powers expressed and
those that are ABSOLUTELY necessary implied.
• “That government is best that governs least”
• LIBERAL CONSTRUCTIONISTS
• Federalists (Led by Alexander Hamilton)
• Wanted a broader interpretation of
Congressional powers
• Needed an “energetic government”
EXPRESSED POWERS – MONEY &
COMMERCE
• TAX – to pay off debt and work for US
common defense and welfare
• Direct v. Indirect
• Some groups cannot be taxed
• BORROW – Borrow money on credit for the
US
• COMMERCE – Regulate foreign and
interstate trade
• CURRENCY – Physically coin money and
regulate the value
• BANKRUPTCY – establish laws
OTHER EXPRESSED EXAMPLES
FOREIGN RELATIONS – treaties, conduct business
WAR POWERS – make war, peace, allies
NATURALIZATION – rules for citizenship
POSTAL – new post offices/areas
COPYWRIGHTS AND PATENTS – protect creative
original works
• WEIGHTS AND MEASURES – value of a pound, gallon,
etc.
• TERRITORY AND LAND ADMISSION
• JUDICIAL – create all courts below Supreme Court
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IMPLIED POWERS
• Article I, Section 8, Clause 18
• Necessary & Proper Clause
• Fuel of much of the argument between Strict & Liberal
Constructionists
• McCulloch v. Maryland (1819)
• Reinforced the concept of “Necessary & Proper”
• Gave credence to Implied Powers
NONLEGISLATIVE POWERS
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Constitutional Amendments
Electoral Duties
Impeachment
Appointments
Treaties
Investigatory
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