Political Science Review #2

1. Greatest power that the US Supreme Court has is the power of

judicial review.
a. What is judicial review?
I. Power of the Supreme Court to annul laws as unconstitutional.
ii. First use: 1803 – Marbury v Madison
1. Chief Justice John Marshall declared a clause of the 1789
Judiciary Act unconstitutional.
2. Strengthened power of the judicial branch (was far weaker
than the other two)
b. Is this power given to the court by the Constitution?
I. No
c. If not, how did the court acquire it?
I. Marbury v. Madison case
1. John Marshall (1801-35)
d. Importance of Marbury v Madison
I. Strengthened power of the judicial branch. Before, it was far
weaker than the other two.
1. Became an equal partner in government.
ii. Addition of powers
1. Power to declare acts of Congress and by implication acts of
the president, unconstitutional- if they exceed the powers
granted by the Constitution.
2. Became the arbiter of the Constitution
a. Final authority on what the document meant.
e. Real or hypothetical example of court using this power:
I. Brown v Board of Education (1954)
ii. United States v. Nixon (1974)

2. Outline of how a bill becomes law

House
• Bill is Introduced
• Assigned to Committee
• Sent to Rules Committee
i. Assigned to sub committee
ii.Return to full Committee if Approved
• Rules Committee
• Floor Vote
• Senate
Bill is Introduced
 • Assigned to committee
• Returned to full Committee if approved
• Scheduled for floor action if approved
• Assigned to sub committee
• Floor Vote Vetoed or Becomes Law without Signature or Pocket
Vetoed or Return for Override if Necessary
• Bills must pass both houses to be eligible for presidential action.
•Although much legislation begins in the White House, the
President cannot introduce a bill, he engages faithful colleagues in
the House or Senate to introduce the bill.

B. subcommittees and committees do most of the work because they are

specialized committees and subcommittees; most of the changing of a bill is
done in subcommittees, and then passed back to the house or senate for final
approval and last minute touch ups.

-The President can

a.) sign the bill into law

b.) veto the bill, in which case both houses will need to secure a two-thirds vote to
override the veto.

c.) allow the bill to become law without the President’s signature simply by failing to
take action within ten days. This tends to occurs when the president does not
support the legislation but recognizes that it has enough support for a veto override

d.) exercise a pocket veto by letting the bill sit unsigned for ten days when there
are fewer than ten days left in the legislative session. Since many bills do not pass
until the end of a session, the potential for pocket veto is substantial.

Legislation can be prevented from coming to the floor or vote by:

• Filibuster – senators holding the floor for an unlimited amount of time till the
opponent gives up
• Members can end it by using cloture, 60 votes to end it.
• Hold – senator wanting personal consultation before the membership votes
on it
• Don’t happen often because of respect

3.) A. Gerry Mandering is when district boundary lines are drawn to ensure the
election of a particular party, group, or person.

b. It happens often because this can either help or hinder a group of

political constituents such as political, racial, religious groups, etc.
 c. The process originated in 1811 when Elbrich Gerry redrew Mass. lines
for benefit for the republicans over federalists.
d. In the 1990’s the Justice Department supported efforts to create
minority-majority districts, which are districts formed by fitting together
pockets of minority populations to enhance the chances of electing
minority candidates. The Supreme court invalidated the bizarrely shaped
NC district that shaped 165 miles long based on the grounds that race
cannot be the sole factor used in redrawing district boundaries.
e. Congress has had cases come up of making the minority the majority in
which it provokes them to vote and allow more diversity in Congress, so
they more open to the idea.

4.) a. Redistricting is the practice of drawing congressional district boundaries to

accord with population changes and re reapportionment is the periodic reallocation
of 435 House seats amount the states as population shifts from one region to
another.

b. It’s done every ten years based on the most recent census data. They are
done because people are always moving within and between states.

c. Texas took its second redistricting in 2003 thanks to the effort by state
republicans under the leadership of former house majority leader Tom Delay. To
offset potential congressional midterm losses for his party brought about by gains in
other states, he urged republicans in his home state to redraw the map to corral
democrats into fewer competitive seats. The republicans gained three additional
seats in the 109th congress.

• The process originated in 1811 when Elbrich Gerry redrew Mass.

lines for benefit for the republicans over federalists

d. reapportionment has problems mid-decade because it could work against the

members of the president’s party if voters are dissatisfied with the president

e. House of Representatives are capped at 435 in 1911 and it was because

some states grow and some states lose population.

5.) How was the powers changed over time of the president?

• a. Early 20’s there was no need for strong president. Policy making was left to
legislation.
• 2 main structural changes:
• 1. A massive change in the American economy – the U.S. went from free
market economy, the industrial revolution changed, it went big. It made the
government have to get more involved.
• More federal bureaucracy
 • 2. During the WW2 the size of the military we got HUGE, with nuclear bombs,
and the commander in chief has so much power.

B. The presidents most responsible for this change was George Washington-
beginning his lead with foreign affairs, Jefferson with his creating the bully pull pit
and involving the nation, Wilson with using the radio as a communication tool, FDR
with his start in the economy.

• Andrew Jackson 1829-1837, populist president. He says the government said

we need to give to the people not the elite.
• First president to be man of the people: spoke to the people
• James k. Polk 18: real vigorous on the commander in chief power.
• Got New Mexico and Arizona by using the military to enhance his political
power
• Lincoln the most important president for presidential powers; he underwent
the most dramatic change for the commander and chief powers
• Used these powers in such a broad fashion, because of the broad powers in
the constitution
• 1861 when the civil war starts, deployed troops into war without
congressional approval; very radical
• FDR 3 terms and served a brief 4th, 1933-45, beginning of the modern
presidency.
• Expanded the most of presidential actions
• The new deal – helped brought us out of depression , social security

Result of WW2 we become a global super power… get soldiers everywhere

Formal Powers:
- Powers of Appointment
The President is responsible for making about 6,000 appointments - the most
important of which are his cabinet and federal judges (including the Supreme
Court). Most of these must be approved by the Senate.

- Commander-in-Chief
the President is the final authority in military matters and ultimately is
responsible for the entire military might of the United States.

- Foreign Affairs
the President has the right to conduct diplomatic missions and set foreign policy
on behalf of the United States.

- Executive Clemency
The President has the power to pardon or commute the sentence of convicted
criminals.
- Emergency Powers
The President has the ability to declare a 90 day period of Emergency during
which he can use the full force of the military without seeking permission from
Congress either in the form of a declaration of war or through funding.

- Veto
the President can veto any bill signed by Congress - preventing it from passing
unless both Houses can muster a 2/3rd majority in favor of passing the bill. In
most cases, a veto will kill a proposed bill.

Informal Powers:
- Policy Maker
probably the most important "informal power" of the President is his ability to
influence the legislative agenda and set economic policy. As the most powerful
single individual in the US government, the President is able to "throw his
weight around" and influence areas not under his direct control.

• D. 4 factors that created the expansion: Energy – pres. Bring more energy
to the office more active more energetic.
• Early 80’s study of presidential saying with more energy gain power,
actively increasing, less the power declines.
• Vague Constitutional Provision – Article 2 very vague some know how to
see the loop holes.
• Legislative branch was supposed to be the most powerful branch. So they left
the constitution vague.
• Changing Public Expectations – over history the people have changed
their expectations, early on they didn’t know what a hero was, and now they
expect a savor

Congressional Delegation of Power, Authority - if congress decides they

don’t want the lead, then the president gets more power, how active the congress is
changes for the president to

• E. Bully Pulpit is when real language is used and made for the public to
respond meant to convey the image that public would take more action
through his speeches
• Executive Agreements - Legal contracts with foreign countries that require
only a president signature, not mentioned in the constitution
• War Powers Resolution – President can send U.S. armed forces into action
abroad only by authorization of Congress or if the United States is already
under attack or serious threat. The War Powers Resolution requires that the
president notify Congress within 48 hours of committing armed forces to
military action and forbids armed forces from remaining for more than 60
 days, with a further 30 day withdrawal period, without an authorization of the
use of military force or a declaration of war. The resolution was passed by
two-thirds of Congress, overriding a presidential veto.
• Executive Orders – directives to government employees which carry the
weight of law unless they contradict acts passed by Congress example, he
ended the segregation in the military
➢ President Lincoln suspended the writ of habeas corpus and
issued the Emancipation Proclamation by Executive Order
• Executive Privilege -right of the president to deny congress the information
it requests. George Washington kept a failed military action from congress in
fear it would cause something to go wrong with the people.
➢ Nixon getting caught and it failed with the video tapes
• United States vs. Curtiss Wright (1936) – considered the issue if
congress could delegate the president the power over foreign armed sales,
like military gear to other countries. They ruled he could
• Youngstown Sheet & Tube. Co v Sawyer (1951) – The Korean war, the
trade unions went on strike it was important because you need steal for war.
Truman ordered the mills back to work.
• Congress had already put in rules about this, and the question was can the
president does that if it goes against congress.
• It became that the president didn’t that power over domestic powers like he
did foreign doesn’t mean he can use that power and bring it home

6.) Constitution: should the president die or become disabled while in office,
“powers and duties” of the office transferred to the Vice President. He acts as
president of the senate.

➢ Cheney when Bush got sick in 2002 and 2007

• th
25 amendment the vice president would become president if he could
discharge the duties of office.
• 25th 1967, it also gave direction if vice becomes vacant, president could
nominate a new one approved by the senate. Ford 1973, Agnew had to resign
due to a scandal
• The changes provoked when Adams jumped in the title with no warning, now
congress has to approve.

7.)
 Trial courts or U.S. District Courts (94)
• No district court crosses state lines
• The entry way into the national court system
 Appellate courts or U.S. Courts of Appeals (13)
• 1891, originated if there is unfair ruling due to the lack of
law then the court will hear it.
• U.s. Supreme Court (1)
 ○ Biggest power in the world, it hears very little cases.
• Judiciary Act of 1789 set the justices at 6 with one head. The
Supreme Court was given exclusive original jurisdiction over all
civil actions between states, or between a state and the United
States, as well as over all suits and proceedings brought against
ambassadors and other diplomatic personnel; and original, but
not exclusive, jurisdiction over all other cases in which a state
was a party and any cases brought by an ambassador.

- The only court specifically provided for in the constitution is the Supreme
Court.
- Congress establishes all others, including the Trial Courts and Appellate Courts.
- Opinions are more important than the decision themselves because it sets a
precedent for later cases.

-Grant Cert is used when:

A.) The case has been decided differently by federal circuit courts;
B.) Cases conflict Supreme Court precedents;
C.) State cases conflict federal decisions

Jurisdiction – the power of a court to hear and decide cases

Original jurisdiction- The power of a court to heard and decides a case first.

Appellate jurisdiction- The power of a court to receive cases from trial courts
for the purpose of reviewing whether the legal procedures were properly followed

Criminal law- deals with offenses against society as a whole

Civil law- regulates obligations between individuals, individuals and

government, and individuals and corporations

Precedent- a former case that was supported by a majority on an appellate

court and provides guidance for the determination of a present case

Stare Decisis – "Maintain what has been decided and do not alter that which has
been established"

the policy of the court to stand by precedent

Writ of Certiorari - issues to a lower court to review the lower court's judgment for
legal error and review where no appeal is available as a matter of right

8.) a. Incumbency is when current office holders run campaign for another
term, whom enjoy advantages such as name recognition.
 b. It’s more important today than in history because, the state politics
were more powerful. During 1820 senators were quieting because it just
wasn’t a great job and they wanted more power.

c. Some of the benefits of incumbency and how congress people and

senators use them:

➢ They hold in raising money, donors are more likely to give to

candidates they believe will win
➢ Fundraising advantage because of the power it exerts in
formulating and passing legislation
➢ Incumbents who reflect donor’s ideological preferences than new
challengers because they may see them winning as a long shot
➢ Franklin privilege – members of congress allow them to mail things
for free… newsletters, surveys
➢ Free news exposure by announcing new programs in their local
communities and talking with the local media about legislation
before congress.
➢ Casework (special help) to constituents, voters are likely to reward
a member of Congress who makes the effort to help them navigate
the bureaucratic maze to resolve problems with government
personnel or agencies.
➢ Travel budget like free air fare to and from D.C.

E, F. Fenno’s Paradox is citizens invariably rate their members of congress far more
favorably than they rate the congress as a whole. It affects the incumbents by
having more power over the voters in saying that they plan to change congress,
and take the local problems and say they will fix them.

9.) Part 1: There are many committees and subcommittees in Congress those
different Congressmen belong to. This separates them out to debate bills that
they have more expertise on. Each Congressman also gets his own office and
office workers along with a budget to fund it all with. This helps make each
Congressman’s work move along more efficiently.

Part 2: Congressional Oversight is congress’s authority to monitor the actions

and budgets of executive agencies it creates. Executive privilege can be an
obstacle. Also, people that Congress subpoenas into being witnesses can refuse
to testify under the Fifth Amendment.

10.) Presidential influence allows the president to get things done the way he
would want them done. With better approval ratings and persuasion, the
president can get much more legislation passed through congress.

- He needs congressional support if he wants any of his plans to go through

- Presidential influence allows the president to get things done the way he would
it to be done. When a president is at his peak in approval ratings, he is able to
get many more bills passed through congress the relationship between the
president and congress is almost directly related to the popularity and influence
of the president. The president needs congressional support in order for him to
pass the bills he has introduced

11.) The definition for Judicial Restraint is the belief that the Supreme Court
should not become involved in questioning the operations and policies of the
elected branches unless absolutely necessary. And Judicial Activism is the belief
that the Supreme Court should make policy and vigorously review the policies of
other branches.

- Judicial restraint encourages judges to limit the usage of their powers. As an

extension of that school of thought, they should be cautious of striking down a
law for any reason other than that it is obviously unconstitutional. Judicially
restrained judges will often respect stare decisis, the principle of upholding
established precedent handed down by past judges.

Judicial activism is basically the opposing school of thought, which promotes

that judges make relatively liberal use of their powers. By nature, this is a bit
more of a "policy maker" type of mentality, which can be exemplified by Chief
Justice William Rehnquist, who overturned decisions made by Chief Justice
Warren's court.

12.) Bush will be remembered in history as the worst president ever in history.

Third Term was the last two years of Bush’s Presidency when he acted like
it was the first two with is outlandish decision making

2002 marked the era of a more rigidly partisan governing style

The most striking mark in his presidency was … (FINISH)

13.) Political church of conservatives-It is the responsibility of the next

progressive president to crash through a similar set of reforms for the next
generation to take for granted.
• Southerners understood that they only needed to have the rules on their side.
• Obama is a bright young politician straight from law school who has a lot of
problems so solve; like FDR.
• For a sweeping progressive reform to be enacted, you have to act and strike
hard when you have the most public support at the beginning time of your
election.

14.) His voting as a legislator was described as liberal.

15.) They Integrity of congress can be noted as, not always what the public makes
them out to be. He agrees that there is too much money in congress . That America
is too quick to judge them as scandalize. They need to be open about lobbying it’s
like the public voice about legislation.

16.) An outside source should establish voting districts. It blames the problem of
insufficient voting on gerrymandered states, that the voice of the people in that
area can sometimes not be heard due to the way its divided.

17.) Justice John Roberts called for a greater consensus when he came to the Court.
The heroic vision on the Court's left is rooted by strenuous bipartisan judicial restraint

18.) Berkowitz says that Al-Qaeda is a more agile organization than the US government.
“As things stand now, terrorists can size up a situation, make decisions and act faster than
we can. In military terms, they are “inside our decision cycle.”
“In part, government is slowing down because more people insist on getting involved. Ever
more congressional committees, lobbyists and oversight organizations vie to get their
prerogatives enacted in a law, regulation or procedure. As the participants multiply,
workloads expand and everything slows down”
In order to become faster we must make sure that US National security organizations can
have a legal mechanism for bending laws.

19.) Bureaucracy- A large organization in which people with specialized knowledge are
organized into a clearly defined hierarchy of bureaus and offices.
• Administrative units-
1. Bureaus and agencies
2. Govt. corporations
3. Independent executive agencies
4. Independent regulatory commissions
• Advantages of bureaucracy- organize large tasks and concentration of
specialized talent.
• Bureaucratic pathology is this idea of red tape and negative ideals about
bureaucracy.
• Spoils system is based on giving people job because of voter/party loyalty
instead if basing it on their qualifications and skills like the merit system does.
• 4 functions of bureaucracy-
1. A well-defined division of administrative labor among persons and offices,
2. A personnel system with consistent patterns of recruitment and stable linear
careers,
3. A hierarchy among offices, such that the authority and status are
differentially distributed among actors, and
4. Formal and informal networks that connect organizational actors to one
another through flows of information and patterns of cooperation.