Unit 3 (pt1) Flashcards
Separation of Powers
The allocation of constitutional authority to each of the three branches of government, each with separate constituency base and term of office.
Checks and balances
Each branch has a role in the actions of others
Executive Orders
Supercedes slow moving system
Parliamentary and Presidential exist as…
Fast parliamentary
Slow presidential
(FAST) Parliamentary System Characteristics
- No direct vote for a chief executive
- Vote only for one or more members of legislature
- Legislators choose a prime minister
- Prime minister designates a cabinet
- Legislative and executive functions are FUSED
- “Too fast” for Americans
- No aspect of blaming other people because they are working together
- Make quick decisions but can’t turn around and change them as much
(SLOW) Presidential System Characteristics
- Citizens vote “directly” for a chief executive
-Or at least cast a vote independent of their legislative vote - Executive designates cabinet members
-NOT current members of legislature - Legislative and executive functions are separated
-Divided government
-Even shutdowns, at least 20 times since the 1970’s
-Most recently in January of 2019
-Not fast, but can change
Structure of Congress (characteristics)
- bicameral
- staggered terms of service
- committee system
- leadership
Functions of Congress
Representation, oversight, education, lawmaking
Senate Constituency
Now elected statewide, 2 per state, regardless of population
Less than 1 Mill to more than 39 Mill in each district
House Constituency
Elected out of 435 regional districts, accordin to population
Approx 750,000 people per disrcit
Comparison: in 1790 in a house of about 1/4 the size, it was 34,000 per distrcit
Staggered Terms of Service
House: 2 year terms, all at once, even numbered years
Senate: 6 year, 1/3 at a time, even numbered years
Term Limits
Most states adopted them, 1990-today. Set limits for exec, legislative, AND state and national.
Notable Case: Inc. v Thornton (1995) He served from 1928-2016
Committee System (major types)
Standing
Select
Joint
Conference
Why Committees? (roles/functions)
- Manage workload
- Arenas for real debate
- Foster expertise
- Policy Incubators
- Notable person: Thomas Brackett Reed, speaker of the house in 1890’s that advocated for committees
House leadership represented by…?
Speaker of the house
Majority party leader
Minority party leader
Majority and Minority party whip systems
Senate leadership represented by…?
Presiding officer
President pro tempore
Majority and Minority party leaders
Majority and Minority party whips
Representation
The process of bringing the people’s voices into government
Approaches to representation (when president is elected)
Delegate
Trustee
Delegate Representation
View themselves as a mirror of constituents, support constituents and sometimes go against their own values
Trustee Representation
Elected official relies on their own judgement when making decisions. Believe their constituents have elected them because they trust their judgement
Politicos
Combo of trustee and delegate
Burke’s Dilemma
?? Has to do with trustee versus delegate
Tools for Representation
- Caucuses
- Interest groups
- parties/party leaders
- the president
- staff
- staff agencies
Oversight
The process by which the legislature reviews the activities of the executive agencies repsonsible for implementing the laws it authorized
Education
The process of informing the citizenry about affairs of government
Tools for Education
Elections and campaigns
Committee hearings
Government publication/documents
Floor debates (any part of government that is publicized)
Lawmaking
Draft/introduce legislation
Committee assignment/examination/debate
Floor debate/amendment/passage
Approval of executive
Becomes law
Three Themes of Presidency
- Growth of executive power
- Expectations gap “puny giant”
- Shift from formal to informal power “imperial presidency”
Three Theories of Presidential Power
- Literalist theory
- Stewardship theory
- prerogative theory
Literalist theory
The president can exercise no power which cannot be fairly and reasonably traced to some specific grant of power or justly implied and included within such express grants as proper and necessary to it exercise
Very literal, don’t step out of bounds of power, must be necessary and proper to do otherwise
Stewardship theory
Steward of the people, bound actively and affirmatively to do all he could for the people
President’s duty to perform the needs that the nation demanded but still following constitution to ensure structure
Quote by ??? During 9/11 maybe
Prerogative Theory
Abraham Lincoln quote
A limb will be lost to safe a life, but a life will not be lost to save a limb
Measures otherwise unconstitutional might become lawful by becoming indispensable to the preservation of the Constitution through the preservation of the nation.
Formal Powers of the president
- REQUIRES APPROVAL/NEGOTIATION FROM CONGRESS
- Come from Article 2
- Executive power
- Legislative role
- commander in chief
- chief of state
Executive Power (Formal)
Mainly, the responsibility to carry out the laws
Includes appointment of cabinet secretaries
Appoints thouands of others (not millions)
Text: “chief administrator of the nation’s laws”
Legislative Role (Formal)
Power to recommend to congress for their consideration
State of the union address
The veto
Commander in Chief (Formal)
Head of army, navy, etc.
Chief of State (Formal)
“Shall appoint and receive ambassadors” -diplomat
Treaties
AND EXECUTIVE AGREEMENTS
Informal Powers of the President
DO NOT REQUIRE NEGOTIATION/APPROVAL OF CONGRESS
- Come from Article 2
- Executive power
- Legislative role
- commander in chief
- chief of state
Executive power (informal)
The responsibility to carry out the laws; includes appointment power of cabinet secretaries and others
but also… EXECUTIVE ORDERS
Executive orders
desegregation of the military (Truman)
Affirmative action in employment and conracting (Nixon)
Military trials for suspected terrorists (G. W. Bush)
Expanded family leave provisions (Obama)
Executive agreements
legal contracts with foreign countries that require only a presidential signature.
Legislative Role (informal)
- power to recommend to congress for their consideration, just state of union address and VETO
- Remember executive orders
- And also, the power to persuade/going public/bully pulpit
- Signing statements
The Power to Persuade (tools)
Agenda setting
Surrogates
Spin doctors
Honeymoon period/ approval ratings
Agenda setting
State of the union
Press conferences and other speeches
Surrogates
First lady, vice president, cabinet secretaries, past presidents
Spin doctors
A person who publicizes favorable interpretations of the words and actions of a public figure
The Bully Pulpit
Associated with teddy roosevelt, perfect place to be able to speak out about issues.
Signing Statements
A public statement written by the president and attached to a particular bill to outline the president’s interpretation of the legislation
Commander in Chief (informal)
head of army, navy, etc
congress declares war?
- war powers resolution/ vietnam
CONGRESSIONAL DELEGATION
Chief of state (informal)
shall appoint and receive ambassadors
treaties
AND… EXECUTIVE AGREEMENTS
Executive agreements
legal contracts with foreign countries that require only a presidential signature
Administering the Presidency (The office)
Cabinet
White house staff
Executive office of the president
Cabinet
Heads of executive departments appointed by the President and confirmed by the senate
Selecting cabinet members
- serving presidential political goals
- diversity in the cabinet
- independent stature and reputation before appointment
- similar ideological standpoints
- Team of rivals
-emphasizing smarts over loyalty
White House Staff
A group of people whom the president relies on to organize schedules and plot political, legislative, and international strategies.
A different selection process, different priorities
NO SENATE APPROVAL NEEDED
Major difference between cabinet and white house staff
Friends/loyal campaign staff
President’s policies, agenda, political success are main priority
Executive Office of the President
The collection of nine organizations that help the president with policy and political objectives
- includes the OMB, CEA, and NSC
Presidential Character Theory
Active positive (FDR, Kennedy), passive positive (GW Bush), active negative (Nixon, Johnson), passive negative (Eisenhower)
Psychobiographies
Intensive life-span study of an individual of historic significance in socio-cultural context using research
