Between the Branches of the Separated System Flashcards
II. Process
A. Legislative process requires either:
1. Agreement between Congress and the president 2. A supermajority in both houses to override a veto
B. A budget process that adds an annual cycle of budget-making & produces must pass budget bills
II. Process (cont.)
C. A nomination approval process that adds the option of holds that can stop all but most of the important nominations on the word of 1 senator
D. A treaty approval process that requires a 2/3 majority
E. Judicial process formalizes interaction with the other branches
III. Politics
A. 3 patterns in relations between Congress & presidency
B. The political branches try to influence the judiciary
C. The politics of domestic & foreign policy are different
D. Political drama: showdown between the branches
E. Lessons from experience
I. Principles
A. The constitution– an invitation to struggle
- Separation of powers and checks and balances
- Struggle over policy
- Struggle over appointed officials (especially judges)
I. Principles
B. Congress, the president, and the two majorities
- Each branch represents the American public as expressed in two (actually) three different ways:
* Congress-a majority taken in parts
* President-majority taken from nation as a whole - Different perspectives
I. Principles
C. Constitutional structure has important consequences for the struggle between the branches
- The constitution gives Congress the chance to dominate politics, but the structure of Congress makes it hard for Congress to achieve the unity needed to dominate
- A determined president is hard to stop, especially in certain areas
•President’s advantage in defense & foreign policy
•Difficult to remove President
•Where the President has (or can assert) unilateral power, only a United Congress can stop or deter presidential action-but, it is hard for Congress to achieve any necessary unity
I. Principles
D. Interbranch conflict is a feature of the system, not a bug
- It was planned this way: “Ambition must be made to counteract ambition.” (Federalist#51)
- There was a lot of political conflict in the early Republic, and no one expressed surprise or disappointment that it was different from what they expected
- Interbranch conflict has not led to violence, unlike sectional conflict (the Civil War)
III. Politics
A. 3 patterns in the relations between Congress and the presidency
- Consensus: when there is broad agreement about something
•I.e. National cancer act of 1971 - Compromise: more common than most realize, and the way that most policy is created
• I.e. Tax reform act of 1986 - Conflict: disagreements over policy, appointments, etc.
•I.e. Policy: Vietnam war, Keystone XL
•i.e. Appointments: several Supreme Court nominations
III. Politics
B. The political branches try to influence the judiciary
- Congress- during nomination process, by legislation to overturn court decisions
- President- nominations, Solicitor General, even some lobbying (an illicit means)
III. Politics
D. Political Drama: showdowns between the branches
- The Senate censures Andrew Jackson (1834)
- The impeachment of Andrew Johnson(1868)
- The senate rejects the Treaty of Versailles
- F.D.R tries to pack the Supreme Court (1937)
- Watergate (1974)
- The gov’t shutdowns of 1995-1996
- The impeachment of Bill Clinton (1998-1999)
- The gov’t shutdown of 2013
III. Politics
E. Lessons from experience
- Interbranch has not brought down the system
- Shutdowns are dramatic and significant, but haven’t yet brought down the system
- In an age of images, the president has an advantage over Congress-within certain limits
- Shutting down gov’t works to President’s advantage
I. Principles
A. The Constitution-an invitation to struggle
B. Congress, the president, and the two majorities
C. Constitutional structure / important consequences / struggle between branches
D. Interbranch conflict is a feature of the system, not a bug
