“state”

population
territory
government
sovereignty

government
who can participate= dictatorship/democracy
distribution of power= unitary, federation, confederation
relationship between branches=parliamentary, presidential

What is government?
institution through which society makes and enforces public policies (all the things
governments decided to do)

Power
• legislative—law making
• executive—law enforcing
• judicial—law evaluating and using
• Constitution outlines these powers=fundamental laws, principles, structures, processes
Purposes US Gov’t
• to form a more perfect union
• establish justice
• ensure domestic tranquility
• provide for the common defense
• promote general welfare
• secure blessings of liberty

Basic concepts of Democracy

• worth of the individual
• equality of all persons
• majority rule, minority rights
• necessity of compromise
• individual freedom

US: Democracy with Free Enterprise (Capitalism)

MIXED ECONOMY-there is some government regulation
Chapter 2
Documents that inspired colonists
Magna Carta 1215-trial by jury,-forced on King John
Petition of Rights 1628-Charles I, limit power of king,
English Bill of Rights 1689-William and Mary
All about limiting the monarch’s (king’s) power, providing rights for citizens

Inspired characteristics of government

ordered government
limited government
representative government

types of colonies that ended up being the US

Royal colonies—New Hampshire, Massachusetts, New York, New Jersey, Virginia, North
Carolina, South Carolina, Georgia—under direct control of monarch of England, with a British
governor in each colony as well as a legislative body
** not all began as royal colonies, but were at the time of Revolution

Proprietary Colony-Maryland, Pennsylvania, Delaware—set up by an “owner” that became the

governor, a legislative body was also set up, decisions were sent to London to be approved

Charter Colonies—Connecticut, Rhode Island—charter granted to the colonists by the King,

basically self-governed

Leading up to the Revolutionary War

1643 Colonies formed “New England Confederation”
for the purpose of defense against Native Americans
league of friendship among the colonies in the north
1754 Albany Plan (Albany is a city in New York)
a plan to deal with the problems of trade
Ben Franklin-proposed active plan to raise navy
1765 Stamp Act Congress- colonist came together to protest the Stamp Act
Wrote Divine Rights and Grievances-sent to the King
boycotted British goods
succeeded, Stamp Act repealed (taken back)
Boston Massacre-1770-angered colonists
Committees of Correspondence-Samuel Adams organizer
a resistance group that began spreading the news and idea of resisting and protesting
England
Boston Tea Party 1773-colonists in protest dumped tea from a British cargo ship into the harbor
British Parliament passes “Intolerable Acts” (named by the colonists)
1774 First Continental Congress September 5
all colonies but Georgia sent delegates to Philadelphia
two months! of discussion
compose the Declaration of Rights send to King George III
continued boycott
Battles of Lexington and Concord (April)
revolution begins!
Second Continental Congress May 10, 1775
every colony sends delegates to Philadelphia
becomes the first official government of the US
create a Continental Army—George Washington, delegate from Virginia is chosen to
lead the Army (Thomas Jefferson replaces Washington as Virginia Delegate)
Continental Congress is the government for 5 years
commission a document to state independence

Declaration of Independence 1776

1)What is meant by "self-evident"? Do you think the "self-evident" truths were meant to apply
to all?
2)From where does the Declaration assert that a government derives its power?
3)Reading the Declaration today, does it still have meaning for you? If so, what? If not, why?

states begin to write constitutions:

popular sovereignty
limited government
civil liberties and rights
separation of powers-checks and balances

Articles of Confederation November 15 1777

did not go into effect until 1781-when Maryland was the last state to ratify or approve
• Congress-only a lawmaking body, no executive or judicial branch
• each state had one vote, delegates that were chosen yearly by each state
• chose one member from Congress to preside over meetings, and civil officers were
appointed
• Powers: make war, send and received ambassadors, make treaties, borrow $, set up a $
system, post offices, navy and army, set weights and measure, settle disputes among
states
• states: pledge to obey the Articles, provide funds and troops, treat citizens of other states
fairly and equally, full faith and credit to public records, acts, and proceedings of other
states, surrender fugitives, allow open travel and trade
Weaknesses
• Congress could not tax
• Congress could not regulate trade
• could not make states obey the articles or laws made—needed 9 of 13 to exercise laws
• needed 13 of 13 to change the articles—no amendments to the articles
• each state had 1 vote regardless of size, population
• no executive
• no court system
• only “firm league of friendship”
October 19, 1781—end of war
Treaty of Paris, 1783
Issues occurred after war ended
• states taxed each other, printed separate money , refused to support the central
government, started making agreements with foreign governments
• Articles (Congress) could do nothing about it

Explosion of the problems

• Shays’ Rebellion
• Mt. Vernon—meeting between Maryland and Virginia over trade disputes
• 1786 Annapolis—joint meeting about trade, only five states came, called for another
meeting, seven states agreed, finally Congress insisted that states attend
• Constitutional Convention in Philadelphia

The Constitution
• Virginia Plan-three separate branches, Bi-cameral legislative branch (2 houses),
legislative reps would be based on either population or the amount of money each state
gave
• New Jersey Plan-unicameral Congress (one house) with states equally represented,
Congress should get to tax and regulate trade
• Connecticut Compromise-Congress should be 2 houses-1 with states equally
represented, 1 with representation based on population
• Three-Fifths Compromise— all free persons and 3/5 of all other persons would be
counted in the population to determine representation
• Commerce and Slave Trade Compromise- Congress is forbidden to tax exports from any
state, and forbidden to act on slave trade for 20 years

Ratification
every state had to agree to the Constitution
Federalists vs Anti-Federalists
• became first political parties in the United States
• disagreed about ratifying the Constitution
took three years for all 13 states to ratify the Constitution
Constitutional Principles
• Popular Sovereignty—power to rule (govern) comes from the people who are ruled
(governed)
• Limited Government—government will not be all-powerful, it will only do the things the
people give it the power to do
• Separation of Powers—Executive Branch (President and Presidential offices), Legislative
Branch (Congress, (Bi-cameral) Senate, House of Representatives), Judicial Branch
(Supreme Court, and other National Courts)
• Checks and Balances—each branch has a “check” on the power of another—Presidents
can veto the bills Congress agrees upon, Supreme Court (when it tries a case that is
 based on a law) can declare a law unconstitutional, Congress has to approve
presidential appointments
• Judicial Review—the power of the courts to judge whether what the government does is in
accordance with the Constitution
• Federalism—division of power between central government and local governments
Constitutional Amendment
--the ways the Constitution can be changed
Formal Amendment Process
• First Method: proposed by 2/3 vote in each house of Congress, ratified by ¾ of the state
legislatures (26 of the 27 amendments were adopted in this way)
• Second Method: proposed by Congress, ratified by conventions in ¾ of the states (only
the 21st was ratified in this way)
• Third Method: proposed by a national convention (called by Congress at the request of 2/3
state legislatures) ; ratified by ¾ state legislatures
• Fourth Method: proposed by a national convention; ratified by conventions in ¾ state
legislatures (basically how the constitution became the government)

Only 27 amendments! Why is it so complicated to change the Constitution? Why does it

require states and national government?

Chapter 4 Federalism-division of power between central and local governments-The US

Government and State Governments

Powers of the national government

Delegated powers-delegated (granted) by the Constitution
Express powers-spelled out directly in the Constitution (enumerated powers) most are in
Article 1, Section 8, there are 27 powers given to Congress, some are in Article 2, Section 2,
those who are given to the President, Article 3 gives power to the Supreme Court.
Implied powers-suggested by the express powers; Article 1, Section 8, Clause 18
“Necessary and Proper Clause” Congress can do what is necessary and proper

Powers of the National Government

Delegated powers—delegated (granted) by the Constitution

expressed powers—spelled out directly in the Constitution (enumerated powers) most

are in Article I, Section 8, there are 27 powers given to Congress, some are in Article II,
Section 2, those are given to the President, Article III gives power to the Supreme Court

implied powers—suggested by the expressed powers; Article I, Section 8, Clause 18

“Necessary and Proper Clause” Congress can do what is necessary and proper to make and
carry out laws—sometimes called the Elastic Clause because it is used to “stretch” the
Constitution

inherent powers—obvious powers—regulate immigration, acquire territory, make

treaties—all go to the national government

Powers Denied the National Government:

power to levy duties on exports

prohibit freedom of religion, speech, press or assembly

conduct illegal search or seizures

deny a person accused of a crime a speedy trial by jury

States Powers

Powers not granted to the National Government and not denied the states are given to the
states.

Reserved Powers the powers “reserved” to states

(most of government daily actions)

Exclusive Powers—only for the national government

example--power to coin money

Concurrent Powers—both national and state

example—power to tax

IMPORTANT RULE!!!!

Supremacy Clause, Article VI Section 2

National Government and the Constitution are the Supreme Law of the Country

Nation’s obligations to states:

 Republican form of Government—usually understood as a representative government

Protection against Invasion and Internal Disorder

an attack on one state is an attack on all

help states in need to end internal riot, insurrection, or other

help states recover from natural disasters—storms, floods, drought, forest fires

Respect for territorial integrity—national government must recognize the legal

boundaries of states

Statehood:

only Congress has the power to admit new states

Congress gives one restriction, a new state is not taking territory from an existing state without
consent of the legislatures of the states involved

37 states have been admitted since the original 13, some were created from parts of other
states (Vermont, Kentucky, Tennessee, Maine, W. Virginia)

Process to become a State

area desiring statehood must ask Congress for admission

Congress passes an enabling act asking the territory to create a constitution

A territorial convention prepares the constitution

constitution put to vote in proposed state

if voters approve, constitution is submitted to Congress for approval

if Congress approves of the constitution, and agrees territory should be a state, it

passes an act of admission to create the new state

President must sign the act for the new state to enter the Union

**Congress may set conditions for statehood

example, Oklahoma and its state capital

Federal Grants-in-Aid:

grants of federal money or other resources to the states, cities, counties, and other local
units

sometimes grants cause the lines in division of powers to be broken, where the national
government has sway over local issues because of a grant, ex: education, mental health

do they give the national government an unconstitutional voice in making local and state
policy?

Revenue Sharing—old policy, not in practice today—Congress gave share of the Federal Tax
Revenue to states, cities, counties, townships **requirement not to be spent on programs that
discriminated

Types of federal grants:

Categorical grants—some specific closely defined purpose

school lunches, airport construction, water treatment plants

have conditions attached: federal money only used for specific purpose, matching or
some kind of monetary contribution coming from institution itself, agency must
administer the grant, obey guidelines set

Block grants—more broad purposes, health care, social services, welfare

gives local governments more freedom to spend the money

Project grants—for specific projects, made to states, localities, and private companies
that apply for them

supporting cancer research, or other medical research, job training, employment

programs

Other Forms of Federal Aid:

FBI—gives help to state and local police

Army and Air Force—equip and train States’ National Guard Units

Census Bureau—data is shared with local and state government

State Aid to National Government:

National Elections conducted in each state, financed with local funds, regulated by state
laws

naturalization of citizens happens in state courts rather than federal courts

local and state police help FBI

Interstate Relations:

National Government has the power to regulate interstate issues

States cannot form treaties or alliances or confederations with other states or foreign states.

States may form interstate compacts or agreements with the consent of Congress.

Full Faith and Credit

Constitution says that states must recognize public acts, judicial proceedings, and
records of other states—Article IV Section 1

exceptions:

only civil not criminal, states do not have to enforce the criminal laws of other states

divorces granted by one state to residents of another need not be recognized

example: Williams V. North Carolina

Extradition:
the legal process by which a fugitive from justice on one state can be returned to that state—
prevents a person from fleeing justice by leaving a state

Privileges and Immunities Clause:

Article IV Section 2, Clause 1

No state can draw unreasonable distinctions between its residents and residents of other
states.

states must recognize the right of any American to travel in between states

any American can become a resident of any state

any citizen no matter where they live can use courts, make contracts; buy, own, rent,
sell property; marry within borders of any state

cannot give hiring preferences to in-state residents

Some distinctions can be drawn:

states can require established residence of a certain time period before a person can
vote or hold public office, have a license to practice law, medicine, dentistry, et cetera

wildlife and game located in a state are state property, so nonresidents can be required
to pay higher fees for hunting and fishing licenses

state colleges can offer different tuition rates for in-state and out-of-state students
Supreme Court Case, Printz v. United States (1997)

From Magruder’s American Government

Should States Be Required to Enforce Federal Laws?

States are required to obey the federal Constitution and federal laws and treaties. Can
Congress require State officials to help enforce federal laws and regulations?

Printz v. United States (1997)

The Gun Control Act of 1968 outlined rules for the distribution of firearms. Dealers were
prohibited from selling guns to persons under 21, out-of-state residents, and convicted felons
and fugitives. The Brady Act, a 1993 amendment to that law, required the attorney general to
establish by 1998 a national system for conducting instant background checks on prospective
handgun buyers.

The Brady Act also created a temporary background check system. Before selling a handgun,
a firearms dealer was required to obtain identification from the purchaser, and to forward that
information to the "chief law enforcement officer" (CLEO) of the purchaser's residence. The
Brady Act required CLEOs to make a reasonable effort to determine within the five business
days whether the purchaser may lawfully possess a gun.

Jay Printz and Richard Mack, sheriffs serving as CLEOs in counties in Montana and Arizona,
respectively, challenged the Brady Act in federal district court. They argued that the provisions
requiring them to perform federal functions and execute federal laws were unconstitutional. The
district court agreed with their argument, but the court of appeals found the entire Act
constitutional, and the case went to the Supreme Court for review.

city/county

charters

ordinances

State
Constitutions

Acts of Congress

Treaties

US Constitution!!!

Supreme Law of United States

state statues and laws

Chapter 5 Political Parties

What is a political party?

a group of persons who seek to control government through the winning of elections
and the holding of public office

a group of persons, joined together on the basis of common principles, who seek to
control government in order to affect certain public policies and programs

people with common political views

not all members of political parties agree 100 %

[Toothpaste example]
What do parties do?

link the government and the people

Nominate Candidates—parties name candidates for public office, support these

candidates through an election

Informing and Activating Supporters—take stands on issues, informs people (to the
advantage of the party)

tries to choose candidates that are qualified and of good character

organize government Congress and State legislatures are organized along party lines
and business is conducted through partisanship—support of the party and party’s
stance in issues

regulate relationship between executive and legislative branch

party out of power plays “watchdog” to the party in power at any given time

Two-Party System

the US is structured on a two-party system—there are two parties that dominate politics in the
US: Democrats and Republicans

there are minor parties in the US—parties without large support base

WHY?

the ratification of the Constitution brought about two opposing groups Federalists and Anti-
Federalists, even though the Constitution itself and the Framers were against parties because
of the divisions they could create among people

once the precedent was set, the US was most likely to follow in the 2-party tradition

the electoral system and election process tend to be based on the two parties

single-member districts for elections—“winner-take-all” encourages people to vote for someone

in one of the major parties

since being established, the two main parties have maintained the system in laws they have
made
the two parties have served to homogenize a very pluralistic—diverse—population

Multiparty Systems

several major and many lesser parties

most parties are based on a particular issue or interest

provides a more meaningful choice for voters than a two-party system

produces a more diverse representation

constant change in leadership or ideology

coalition—temporary alliance of several groups

One-Party System

only one political party is allowed in some countries

Party Membership

voluntary—in the US, no one has to be a member of a party

parties do not regulate their membership

what makes a person choose one party or another

candidate

beliefs/values

parents/family

economic situation/salary

war

dislike of the other party

religion

gender—male/female

race

age

background

where you’re from

occupation

History of Political Parties in the US

Federalists—strong government

Anti-Federalists/Jeffersonian Republicans/Democratic Republicans—Congress should

dominate, strict construction of Constitution—became Democratic Party in 1828

1st President George Washington—no party

2nd President John Adams—Federalist

3rd President Thomas Jefferson—Democratic-Republican

Federalist never regain power after Jefferson

The Era of the Democrats 1800-1860

The Era of the Republicans 1860-1932’

Era of the Democrats 1932-1968

Divided Government 1968-present

Minor Parties

ideological parties
based on a set of beliefs—social, economic or political

Socialist, Communist, Labor, Libertarian

usually don’t win a lot of votes

long-lived parties

single-issue parties

based on one issue

raise awareness of an issue

do not win votes

do not exist very long

Free Soil Party, American or Know Nothing Party, Right to Life

economic protest

occur only in times of economic distress

Greenback Party, Populist Party

splinter parties

parties that split off from major parties

Why Minor Parties are Important

raise awareness

options

political innovation within major parties

Party Organization

Decentralized structure—no central chain of command from national to state level, state to
local
divisions are loosely tied to one another, and usually cooperate

President’s party is usually more organized and united, President is the party leader

opposing party has no one in a similar position to provide leadership

Federalism brings about the decentralization

Nominating Process—happens within the party, can be divisive within the party where
members of the party are arguing over who should be the candidate

National Party Organization

National Convention—meets summer of every presidential election to pick the parties

presidential and vice presidential candidates

voice of the party

adopts party rules and platform

has little control or authority over party

National Committee

between conventions, party affairs are handled by the national committee and the national
chairperson

in charge of staging the national conventions

RNC—Republican National Committee

DNC—Democratic National Committee

National Chairperson

chosen to four-year terms by national committees

directs the work of the party headquarters in DC

Congressional Campaign Committees

State and Local Party Organization

State central committee, state chairperson

promote the party’s interests within the state

attempt to unify the party within the state

Local Organization

vary from place to place, usually a party unit within each district: congressional, legislative,
counties, cities, towns, wards, precincts

ward—division of cities for election of city council members

precinct—smallest unit of election administration; voters in each precinct report to a specific

polling place

Components of Parties

Party Organization—leaders, activists

Party in the Electorate—party loyalists, party members

Party in Government—officeholders, elective an appointed officials in legislative, judicial,

executive branches in federal and state government

Future of the Parties

Are the major parties weakening or falling apart?

sharp drop in the number of voters willing to identify themselves as Republicans or Democrats

increase in split-ticket voting—voting for candidates of different parties for different offices as
same election

parties are more “open” but less organized and with more internal conflict

changes in media and technology make candidates less dependent on the party

growth in single-issue organizations.

Chapter 6 Voters and Voter Behavior

suffrage=franchise- the right to vote

electorate—voting population

The right to vote in the US began with only white male property owners

about 1 in 15 white male adults could vote

Today, nearly all citizens above the age of 18 can vote

Five Stages Extended Suffrage in the US

to vote, there were religious qualifications, tax payment, property ownership controlled
voting population in the early 1800s—by mid-1800s, all white males could vote

15th Amendment 1870—intended to prohibit states from denying the right to vote based
on race—was not largely successful

19th Amendment 1920—prohibited the denial of the right to vote based on sex or gender

1960s Civil Rights Movement

Voting Rights Act of 1965—racial equality at polling places

23rd Amendment added Washington DC to presidential elections

24th Amendment ended the poll tax

26th Amendment 1961—said no state could set their voting age over 18

Power to set Voter Qualifications

Power reserved to States by the Constitution

Constitution does place five restrictions on how states may exercise this power

If a state allows a person to vote in state elections, they must also be allowed to vote in
federal elections

because of the extension of suffrage in the US, this restriction only serves to forces
states to allow people to vote in state elections
 No state can deny the right to vote on account of race, color, or previous condition of
servitude

No state can deny the right to vote based on sex or gender

No state can require the payment of tax as a condition for taking part of the nomination
or election of an office holder

No state can deny the right to vote who is at least 18 years of age.

Universal US Voter Qualifications

citizenship-

aliens—people living in US that are not US citizens—are not denied the right to vote by
the Constitution

states set the citizenship qualification

residence

must establish permanent residence in a state to vote in that state

what about transients—or people who have no permanent residence?

age

most states have the set age of 18

what about people who are almost 18

registration—legal name, age, place of birth, present address, length of residence

in 49 states—all but North Dakota—have set registration as a requirement

literacy—

was formal qualification set by some states with literacy test

now an informal qualification because of the type of ballot

tax payment

poll taxes used to be used to determine voter eligibility

Who can be Denied the Right to Vote:

states set voter qualifications, but here are some examples:

none of the 50 states allow people in mental institutions or persons legally found to be
mentally incompetent to vote

1/4th of the states prohibit persons who have committed a serious crime from gaining or
regaining the right to vote

a few states prohibit anyone dishonorably discharged from the armed forces to vote

Further Discussion of Suffrage and Civil Rights

gerrymandering—the practice of drawing electoral district lines in order to limit the

voting strength of a particular group

injunction—a court order that either compels (forces) or restrains (limits) the
performance of some act by a private individual or by a public official

preclearance—prior approval of the Justice Department of changes to or new election

laws by certain states

The 15th Amendment

began the effort to extend the right to vote to African Americans

was meant to ensure that African American men could vote

the Amendment was not self-executing, it was a general statement that provided no
enforcement

Congress would have to act to make it an effective law (which took around 90 years!)

Preventing the 15th

 around the country, especially in the South, many tactics were used to keep African
Americans from voting

violence

threats

social pressures (firing someone who registered, denying store credit)

legalized literacy tests manipulated to disenfranchise

gerrymandering

“white primaries”

Courts could react only on these issues only when victims of discrimination sued—
making the issue a case-by-case method and ineffective

Civil Rights Legislation

Movement led by Dr. Martin Luther King

Laws made to implement the 15th Amendment

Civil Rights Act of 1957—set up the US Civil Rights Commission

inquire into claims of voter discrimination

report findings to Congress and President, media and public

Attorney General power to seek federal court orders to prevent interference with any
person’s right to vote in any federal election

Civil Rights Act of 1964

much broader than earlier laws, included job-related matters

forbade the use of voter registration or literacy requirement in an unfair or discriminatory

manner

emphasized the use of injunctions to protect voters

voter registration drive led by Dr. King

 violence and insults ensued

two civil rights workers were murdered

Voting Rights Act 1965

finally made 15th Amendment work

applied to all elections held anywhere in US, federal, state, local

Preclearance—prevented last minute changes that might discriminate against voters—

changes like

location of polling places

boundaries of election districts

deadlines in the election process

from ward or district to at-large election

qualifications candidates must meet to run

Voter Behavior

off-year election—congressional elections held in the even numbered years between

presidential elections

political efficacy—effectiveness in politics

political socialization—process by which people gain their political knowledge

gender gap—measurable differences between the partisan choices of men and women

party identification—loyalty of people to a particular political party

straight-ticket voting—practice of voting for candidates of only one party in an election

split-ticket voting—practice of voting for the candidates of more than one party in an
election

independents—people that have no party affiliation

Nonvoters!

for whatever reason, there are many people that do not vote

year 2004—215.7 million people of voting age, 122.3 million voted!

Take a look at voter turnout chart. . .page 165

Why do people not vote:

“Cannot-Voters”

resident aliens

ill or physically disabled

unexpected travel

religious beliefs

Actual Nonvoters

people feel their vote makes little difference—political efficacy

people feel the winner of an election makes little difference and things will continue to
go well

people feel alienated and refuse to vote because they don’t trust political institutions and
process

Factors that affect turnout

registration requirements

long lines

long ballots

time-zone issues in presidential elections, east votes first, so eastern results can cause
westerners not to vote

lack of interest

weather
 difference between voters and nonvoters?

look at voting by groups chart p.167

Voters and Voter Behavior

Where do we get voter information?

results of a particular election (not how they vote, but who votes)

survey research—polling

studies of political socialization—a very complex process involving all experiences and
relationships that lead people to view the political process the way they do

Can we really understand a voter?

Sociological Factors

income, occupation

education

gender, age

religious, ethnic background

geography

family and other groups

Psychological Factors

party identification

straight-ticket

split-ticket

independents

candidates and issues

Who decides who may vote? Oregon v. Mitchell p. 173

Chapter 7 The Electoral Process

Constitutional Principles at work:

Popular Sovereignty

Limited Government

Federalism

The Nominating Process

nomination—naming of those who will seek office

general election—regularly scheduled elections at which voters make the final selections of
officeholders

caucus—a group of like-minded people who meet to select the candidates they will support in
an upcoming election

direct primary—in party election to pick that party’s candidate

closed primary—party’s nominating election in which only declared party members can vote

open primary—party’s nominating election in which any qualified voter can cast a ballot

blanket primary—version of the open primary, every voter receives the same ballot regardless
of party, listing every candidate of every party, voters can participate however they choose

runoff primary—if no one wins, two top vote-getters

nonpartisan elections—usually elected school and municipal officers, not identified by party
labels

Nomination Process
supports a two party system

major parties go through the nomination process

typically, people choose only one of two choices (to avoid what people consider a
“wasted” vote for a third party candidate

those who make nominations limit a voters choice

one-party constituencies (where one party tends to dominate) the nomination process is
often the only place where a choice is made

How are nominations made

Self-announcement—oldest form of the nominating process

simply announcing yourself as a candidate

in local elections

where there is an “independent” candidate

Ross Perot 1992, Arnold Schwarzenegger California 2003

Caucus—deriving from the colonial period—initially private meetings, membership

eventually broadened as parties developed

used still in local nominations

still used in New England as well, but very different from the original

Convention—replaced the caucus method in most places

used in presidential nominations as well as primaries

still plays a major role in some states’ nomination process

Primaries—held within a party to pick that party’s candidate

how most states go about making their nominations for major offices within the state
and some federal offices through parties

regulated by states even though they are party elections

closed—most states establish who can vote by voter registration, must be registered as
a member of that party to vote in that party’s primary
open—most states hand you the ballots for both parties, some states ask voters to
choose which party’s ballot they want (asking them to make a public choice

blanket primary—allows people to not have to make a public choice

closed vs. open

who can vote

closed forces party affiliation

support for closed primaries

protects primaries from being raided by the other party

forces candidate to be more responsive to the party

forces more thoughtful voting and party affiliation

critics of closed primaries

compromises the secrecy of the ballot

excludes independent voters

Petition

widely used at local level

candidate must get signatures from electorate in order to become a candidate

higher the office, the more signatures needed

Elections

absentee voting—voting when you cannot go to the polling place on the day of the
election, before the election

coattail effect—when one strong candidate pulls along other candidates in their party to
be elected

precinct—a voting district

polling place—voting location for a precinct

ballot—device by which a voter makes their choices

In the US, in a democracy, it is very important that there are elections and that those
elections are free, honest, and accurate.

Most Election Law is State Law, but there is Federal election Law

Over 500,000 people who hold elected office in more than 87,000 units of government at
the state and local level in the US

Federal Control:

Congress may set time, place, manner of election of members of Congress

Congress may set the time for choosing Presidential Electors and casting electoral
votes

Congress has set the Congressional Elections to be the first Tuesday after the first
Monday of November on even numbered years

Presidential elections are the on the same day, but every four years

Congress requires the use of secret ballot

Congress allows the use of voting machines

Help America Vote Act 2002

replace lever-operated and punch card machines by 2006

upgrade administration of elections—better training of people working at polling places

centralize and computerize voter registration systems to prevent fraudulent voting

provide for provisional voting

Election Day

States generally hold their State elections on the same date Congress has set for
national elections
 Tuesday after the first Monday

prevents elections on Sundays

prevents elections on the first day of the month

some states fix other days for elections

Early Voting

absentee voting

early voting, not absentee, but as if they were voting in the actual election several days
before the election

Precincts and Polling Places

precincts generally 500-1000 voters

polling places are located in or near precincts

precinct election board supervised the polling place and voting process in each precinct

county clerk or county board of elections chooses members of precinct boards and
draws precinct lines

polls are open usually 7am-7pm or 8am-8pm by state laws

election board sees that ballots and ballot boxes or voting machines are available

makes sure voters are qualified

counts votes, sends results to the proper place

poll watchers from each party are allowed at each polling place

can challenge any person they believe is not qualified to vote and monitor the whole
process, including the counting of the ballots

Casting a ballot!

each state provides for secret ballot today

not true historically

Australian Ballot—brought to the US by the Mugwumps

new voting arrangement—basic form of ballot in the US today

Printed at public expense

list names of all candidates in an election

given out only at polls—one to each qualified voter

marked in secret

Office-Group

original form of Australian Ballot

groups candidates by office, names used to be in alphabetical order, today are

randomized

example, p. 191

Party-Column

candidates are listed in a column under the party name

encourages straight-ticket voting

example, p. 191

Samples Ballots

available before an election

cannot be cast as a ballot, but show voters what will be on the ballot

“Bedsheet” Ballot

very long ballots with lots of offices up for election and lots of local issues on the ballot

even well-informed voters can have a difficult time with long ballots

critique?

Automated Voting
 many votes are cast on some type of voting machine or electronic device

Thomas Edison patented the first voting machine

lever machines were very popular around the country

Electronic Vote Counting

EDP, electronic data processing first applied in the 1960s

punch cards, bubble-sheet scanable ballots, touch screen

Vote-by-mail Elections

some states conduct some elections by mail

voters receive a ballot by mail, complete it, mail it back

usually local issues

Oregon holds all of its elections by mail

pros—increases voter turn-out, reduces cost of elections

cons—threatens secret ballot, fraud, voters may be subjected to undue pressures while
casting their ballot if not in a secure polling place

Online Voting

not widely used—only in a few instances, but has attracted attention

being tested on a small scale

are we ready for e-voting? why, why not?

Face the issues! p. 195

Money and Elections

political action committee (PAC)—nonparty groups that are political arms of special-interest
groups who have a stake in the political process

subsidy—grant of money usually from the government

soft money—fund given to party organizations

hard money—money raised and spent to elect candidates for Congress and the White House
Unknown how much money is spent on elections in the US.

Running for office is expensive.

Why, and why are these problems??

Where does the money come from?

Private Sources: major source of campaign funds

small contributors, $5-$10, only occasionally

wealthy individuals and families—make large donations for political reasons

candidates—spend their own money to campaign (Ross Perot holds the record, spending 65
million of his own money)

nonparty groups including PACs

temporary organizations—for the purpose of campaign fundraising

party fundraisers: dinners, luncheons, picnics, receptions, direct mail requests, telethons

Public funds

subsidies from the federal and some state treasuries

Why do people give

political participation

belief in a party or candidate

appointments to public office

social recognition

political aims

Regulating Campaign Finance

regulation began in 1907—no corporation or national bank could make a contribution to any
election

since then, many regulations have been made

several events have caused the need for regulation

today, Federal Election Campaign Act (FECA) and the Bipartisan Campaign Reform Act of
2002

Congress regulates only federal campaigns, most states regulate their campaigns in some way

Federal Election Commission: FEC

administers federal law dealing with campaign finance

1974—independent agency in the executive branch, six members, appointed by President,

Senate confirmation

Enforces laws under four broad categories

timely disclosure of campaign finance data

place limits on campaign contributions

place limits on campaign expenditures

provide public funding from several parts of presidential election process

Disclosure requirements

Congress required the reporting of campaign financing beginning in 1910

no individual or group can make a contribution in the name of another

Cash gifts of more than $100 are prohibited

contributions and expenditures must be made through one single campaign committee and
must be closely accounted

any contribution of more than $200 must be identified by source and date

any expenditure of more than $200 must be identified by the name of the person to whom
payment was made and by date and purpose
contributions of more than $5000 must be reported to the FEC within 48 hours

20 days out from the election contributions over $1000 must be reported within 48 hours

Limits on Contributions

Congress began to regulate in 1907—banks and corporations could not contribute

Further regulations in 1943—labor unions could not contribute

no person can give more than $2000 to any federal candidate in a primary election

no person can give more than $2000 to and federal candidate in a general election

no person can give more than $5000 in any year to a PAC

no person can give more than $25,000 to a national party committee

total of any person’s contributions to federal candidates and committees cannot be more than
$95, 000 in a general election cycle (the two years from one general election to another)

remember, W. Clement Stone, a Chicago insurance executive, gave $2 million to Nixon’s

campaign!

PAC contributions—some of the most important things PACs do is give money

there are about 4,000 registered with the FEC today

members make contributions to the PAC

PAC gives money to candidates

No PAC can give more than $5000 per election to each candidate

can give $5000 to as many candidates as they like

can give up to $15,000 a year to a political party

Limits on Expenditures

Congress began to limit expenditures in 1925

most apply only to presidential elections because of Supreme Court Case Buckley v. Valeo
1976

High court struck down several spending limits set by the FECA of 1974, said those restrictions
were contrary to the First Amendment’s guarantee of freedom of expression

threw out:

limited campaign expenditures by candidates running for both houses of Congress

limits on how much of their own money candidates coup put into their own campaigns

limit on a person’s right to spend more than $1000 on behalf of any federal candidate without
that candidate’s permission

Public Funding of Presidential Campaigns

Money is provided to set up Presidential Election Campaign Fund through income taxes.
Money is used to finance:

preconvention campaigns

national conventions

presidential election campaigns

FEC administers the public subsidy process

Preconvention Campaigns are supported by private donations and public money from the FEC

to get the public money, a candidate must raise at least $100,000 in contributions from
individuals gathered from at least 20 states, at least $5000 from each state from individual
donations of no more than $250

this is set to discourage frivolous candidates

FEC will match the first $250 of each individual’s donation to that candidate, up to half of the
overall limit on primary spending

does not match donations of PACs or political organizations

National Conventions
if a major party applies for the money, it automatically receives a grant to help pay for the
national convention

Presidential Election Campaigns

every major party candidate automatically qualifies for a public subsidy to cover costs of
general election campaigns

candidates may refuse the money, freeing the candidate to raise however much from private
sources

when the money is taken, they can spend no more than the amount of the subsidy and cannot
take money from other sources

minor party candidates can also qualify for the subsidy if they have one 5% of the popular vote
in the last presidential election or win at least that much of the total vote in the current election
(the money will then be given after the election, and cannot help the candidate in that election)
**strengthens the two-party system

Hard Money/Soft Money

there are limits placed on Hard money

until 2002, there were not limits on soft money

there was a loophole that allowed unregulated money into campaigns

Bipartisan Campaign Reform Act 2002

ban soft-money contributions to national and congressional campaign committees

Chapter 8 Mass Media and Public Opinion

Public Opinion

public affairs—events and issues that concern the people at large

public opinion—collection of opinions of many different people

mass media—those means of communication that reach large audiences

peer group—people with whom one regularly associates

opinion leader—a person who, for any reason, has an unusually strong influence on the views
of other people
Public Opinion is misleading; we are often led to believe that people hold the same opinion.
However, it is rather the opposite where public opinion is a collection of opinions.

There are many “publics” in the US.

Very few issues (if any) capture the interest of the whole country.

Public Opinion only involves those issues that relate to public affairs.

politics

public issues

public policies

must involve something of general concern and interest to a significant portion of the people as
a whole

***Political Spectrum***

Like voting behavior, public opinion impacted by many forces. Political socialization plays a
role.

family—people see the political world first through their family

schools—the second place people view the political world is school

learning the Pledge of Allegiance

saluting the Flag

learn about politics

there are many more forces such as occupation and race

Mass Media—radio, internet, newspapers, magazines, television

Peer Groups—reinforces beliefs, shared socialization process

Opinion Leaders—shape opinions; doctors, lawyers, public office holders, business leaders,
teachers, ministers

Historic Events—can tend to push or pull public opinion in different directions

Measuring Public Opinion

mandate—instructions or commands a constituency give to its elected officials

interest group—private institution whose members share interests and work to shape public
policy

public opinion poll—devices that attempt to collect information by asking people questions

straw vote—ask the same question to a large number of people

sample—representative slice of the public

random sample—randomly selected people from randomly selected places

quota sample—a sample deliberately selected to reflect several of the major characteristics of
a given population

Elections:

politicians often feel they have been given a mandate of public opinion through their election

Interest Groups:

major way public opinion is collected

push public opinion thought lobbying, phone calls, letters, campaigns

Media:

often seen as the gauge for public opinion

the molders of opinion

reflect public opinion

Personal Contacts:

people directly contact their politicians to share their public opinion—emails, mail, telephone,
conversations

Polls are the “best” measure of Public Opinion

early on, polls were mostly straw vote

still widely used today

accuracy is not ensured when using a straw poll

Scientific polling—began in the 1930s

George Gallup and Elmo Roper were early developers of techniques that would use scientific
basis for forming public opinion

today, more than 1,000 national and regional polling organizations (mostly commercial work)

200 or so also poll political preferences

Gallup Organization (Gallup Poll) and Louis Harris and Associates (Harris Survey)

Polling Process=extremely complex, five basic steps

define the universe to be studied

universe=whole population that the poll aims to measure

construct a sample

does the entire “universe” need to be polled or can a sample be created

sample=representative slice of the “universe”

random sample=probability sample=randomly selected people within the “universe” in a certain

number of randomly selected places

each person in the “universe” has an equal chance in being selected

usually about 1,500 people are included in a poll

can the views of 1,500 accurately represent the views of 200 million?

yes, more or less because of the laws of probability, if the sample is of sufficient size, it will be
accurate with a small margin of error

quota sample=deliberately constructed to reflect several of the major characteristics of a given

“universe”
sometimes less reliable because it isn’t at random

often people in the sample will belong to more than one category that is being represented in
the sample

Preparing Valid Questions

wording is VERY important

should local taxes be reduced?

should the city’s police force be increased to fight the tide of crime in our community?

most would answer yes to both questions, yet the second question would most likely require
that taxes not be reduced

try not to use loaded words in responsible polling

avoid questions that will shape the answers given

Interviewing

how communication takes place is important

face to face, by telephone, by mail

regardless, the same techniques must be employed with all the respondents in a sample

tone, dress, appearance can influence responses

standardization is important!

Analyze and Report Findings

computers, and other electronic hardware are used to interpret the large amounts of raw data

findings are published in many ways

Evaluating Polls

Mass Media
medium=means of communication

public agenda=societal problems that the nation’s political leaders and the general public agree
need government attention

sound bites=snappy reports that can be aired in 30 or 45 seconds

Role of Mass Media

Media is the plural form of medium.

Mass Media are those forms that reach large, widely dispersed audiences.

Television newspapers radio magazine other (books, films . . . .)

Internet

Mass media is not a part of the Government, but serve to inform people about the
Government.

Large amounts of political information are passed through Media.

TV—

98% of the nation’s 120 million households have at least 1 TV.

has become the principle source of political information for the majority of Americans since the
early 1960s

1400 stations, 1000 commercial outlets, 300 public broadcasters

3 major national networks have been around since the beginning

Columbia Broadcasting System (CBS)

American Broadcasting Company (ABC)

National Broadcasting Company (NBC)

Decreasing influence of the three giants:

independent networks, Fox

cable broadcasters, Turner Broadcasting—CNN (Cable News Network)

Public Broadcasting System (PBS)

NEWSPAPERS—

have been regularly published in US since 1704

Newspapers are in decline—10,000 published, 1500 dailies, 7200 weeklies, 550 semi-
weeklies, several hundred foreign language papers

Factors in the decline of newsprint?

New York Times, Washington Post, Chicago Tribune, Los Angeles Times, Wall Street Journal,
USA Today, Christian Science Monitor

RADIO—

Radio as we know it really began in 1920

Radio was very popular, and immediately became a way to share political information

1927, 733 commercial stations were on air!

NBC 1926

CBS 1927

ABC 1943

networks made it possible to for millions of people to hear the same things

Franklin Roosevelt was the first to use Radio—Fireside Chats

People predicted TV would kill Radio—no so!

Today radio has both AM and FM stations—more than 12,000 in all

700 public, and NPR (National Public Radio which is the radio counter part of PBS)

MAGAZINES—
since the mid-1700s

First political magazines—Harper’s Weekly and the Atlantic Monthly appeared in the mid-1800s

12,000 magazines in the US today—wide variety of topics

Top 3 News magazines, Time, Newsweek, US News and World Report

MEDIA and POLITICS

Public Agenda

media helps shape public agenda—what media reports will be what people will generally be
concerned with and think about

media can have the power to focus the public’s attention on a particular issue or ignore and
downplay other issues

examples??

We have to rely on media to report the information!

Media can also influence political figures

Electoral Politics

Media has helped decreased the power of parties in politics

TV has allowed candidates to be less dependent on their party because candidates can
appeal directly to the people.

TV has also put emphasis on the “image” of candidates because they are seen all the time.

Debates!

LIMITS on MEDIA INFLUENCE

Few people follow international, national or even local politics very closely

people who do pay attention to politics are selective about where they get their information

content is rarely 100% politics or public affairs

few public affairs programs air during “prime-time” because advertisers wish to get the most for
their ad dollars

radio and tv skim the surface of the issues

newspapers are more in-depth coverage of issues, but few people read them

Interest Groups: Chapter 9

public policy=the goals that government pursues

public affairs=issues and events that concern people at large

Role of Interest Groups

to influence the making of and content of public policy

to exercise 1st Amendment rights

to join people together under a cause

function at every level of government

to express the multiple “public opinions”

Different from Political Parties

1-they don’t make nominations

2-their primary focus is different—they don’t seek to elect people to office or control
government, just change it

3-the scope of their interests –they don’t express a range of issues, just one or things related to
one issue

Are they good or bad? What are the pros and cons?
pros: Alexis de Tocqueville

cons: James Madison

Valuable functions

stimulate interest in public affairs

represent members on basis of shared attitudes

provide useful, specialized, detailed information

vehicles for political participation

add to “checks and balances” (keep tabs on public agencies)

regularly compete with one another in the public arena, limiting their influence

Criticisms

influence of out of proportion to their size

hard to tell who or how many people a group really represents

many do not in fact represent the views of all the people they represent or claim to
speak

their tactics can undermine the political system: bribery, threats

Types of Interest Groups

trade association=interest groups of the business community

labor union=organization of workers who share the same type of job or work in the same
industry
public-interest group=interest group that seeks to institute certain public policies of benefit to all
or most people in the country

Economic Based

Business Groups

Labor Groups

Agricultural Groups

Professional Groups

Other Interest Groups

Groups that promote causes

Organizations that promote welfare of certain groups

Religious Organizations

What do Interest Groups Do??

propaganda=a technique of persuasion aimed at influencing individual or group behaviors

single-interest groups=type of PAC (political action committee)

lobbying=activities by which a group pressures are brought to bear on legislators and the
legislative process

grass roots=of or from the people

Major Goals

supply the public with information an organization thinks people should have—usually
supports the group’s interests
 build a positive image for the group

promote particular public policy

Propaganda used by interest groups

may be true, may be false

does not use objective logic

mass media uses propaganda

can involve name calling

generalities

symbols

bandwagon approach

newspapers, television, radio, internet, movies, billboards, books, magazines, pamphlets,

posters, speeches

Interest Groups affect on parties and elections:

wish to influence the behavior of political parties by keeping close ties with a party

urge members to become active in parties affairs

consider supporting a candidate

donating money through PACs

Interest Groups affect on Politics:

lobbying—interest groups, especially larger ones, employ lobbyists, many live in

Washington, DC and in the 50 state capitals

lobbyists try to persuade members of Congress to support their issues

they use articles, reports, hearings to persuade

 sometimes they use “grass roots” movements by getting voters involved to sway their
issues

some interest groups post “ratings” of members of Congress—based on the votes cast
on measures that those groups regard as crucial to their interests

they will make contributions, provide information, write speeches, draft legislation

Federal Regulation of Lobbying Act (1946) to regulate the actions of lobbyists required
lobbyists to register with the clerks of Congress, but allowed a loophole

Lobbying Disclosure Act of 1995 required registration of ALL individual lobbyists and
organizations that seek to influence Congress—they must give general information
about their group (name, address, place of business, general description of activities,
client information) and must make semiannual activity reports

states also have their own regulation of lobbyists

Chapter 10: The National Legislature

term—two-year period of time during which Congress meets

session—(two sessions per term) period of time during which each year Congress
assembles and conducts business

adjourn—to suspend (when Congress stops meeting between sessions)

prorogue—adjourn as in a legislative session

special session—an extraordinary session of a legislative body, called to deal with an

emergency situation

The US Government is a representative democracy, meaning people are elected in

government to represent the ideas of the people.

Congress (or the Legislative Branch) is the clearest example of representative government and
is charged with the most basic governmental function in a democratic society—translating
public will into public policy in the form of law. (p.262)
Bicameral Congress

Constitution in Article I, Section 1 sets up a bicameral legislature, meaning there are two
houses of Congress.

Historical Reasons

British Parliament had been two houses since 1300s

most of the colonial assemblies had been and state legislatures were bicameral

Practical Reasons

compromise between Virginia and New Jersey Plans

states are equally represented (Senate)

people are equally represented (House of Representatives)

Theoretical Reasons

“checks and balances” each house checks the other

diffuse the power of Congress

is state equality equal?

Terms and Sessions

Terms of Congress

last two years

are numbered consecutively

first term began on March 4, 1789 and ended March 4, 1791

terms used to begin in March because of the speed of communication and travel—
election results had to reach around the country and new lawmakers had to make their
way to Washington, DC

today terms begin “noon on the 3rd day of January” odd numbered years (set by 20th
Amendment in 1933)

111th term of Congress began on January 3, 2009 at noon

Session of Congress
 two sessions per term, one session each year (beginning at noon on the 3rd of January
unless otherwise appointed a different day by law)

second session is usually set to begin a few days or weeks into January

Congress adjourns each regular session as it sees fit

sessions used to last four or five months, but today Congress meets for most of the
year, with several short periods of “recess” each year

neither house may adjourn without the consent of the other

presidents can prorogue or “end” the session of Congress if the houses cannot agree on
an adjournment date—no president has exercised this power

Special Sessions

only Presidents can call special sessions

special sessions can include either or both of the houses of Congress

the Senate has been called alone 46 times to consider treaties or Presidential
appointment; the house has never been called alone

special sessions are now less likely because of how often Congress meets

Chapter 10: the House of Representatives

apportion—distribute, as in the seats of the legislative body

reapportion—redistribute

off-year election—Congressional elections that occur between presidential election

single-member district—electoral district from which one person is chosen by the voters
for each elected office

at-large—election of an officeholder by the voters of an entire governmental unit rather

than the voters of a district or subdivision

gerrymander—drawing of electoral district lines to the advantage of a party or group

House size and terms

Constitution does not set the size of the House, just that it should be apportioned
among the states on the basis of their respective populations
 each state is guaranteed at least one seat

DC, Guam, Virgin Islands, and American Samoa elect a delegate to represent them and
Puerto Rico elects a resident commissioner—they are not full-fledged members of the
House of Representatives

two-year terms, so elections are always relatively close for members

no limit on how many terms they may serve

Reapportionment

seats in House must be reapportioned after each decennial census (ten year)

House began at 65 seats, shortly increased to 106

as the population grew, so did the House, until it was seen as being too large to actually
achieve its goals

Reapportionment Act of 1929

set permanent size of House at 435 (unless someday Congress decides to change it)

after each census, the Census Bureau determines how many seats each state should
have

Census Bureau sends its plan to the Congress

if within 60 days neither house rejects the plan, it becomes effective

Congressional Elections

held the same day in every state

since 1872, the Tuesday following the first Monday in November of each even numbered
year

exception is Alaska, which may hold its election in October, but has chosen so far to use
the November date

since 1872, Congress directed that representatives should be chosen by written or

printed ballots

since 1899, voting machines have been approved

Off-year elections—in the nonpresidential election years

 often the party that holds the presidency loses seats in the off-year elections

why?

Districts: there are 435 separate congressional districts across the country

districts are not in the Constitution, states used to decide whether to have an “at-large”
or a single-member district elections to choose their representatives

since 1842, all seats were to be filled from single-member districts

state legislatures are responsible for drawing the districts in their respective states

1842 law says that districts must be contiguous territory and nearly equal number of
inhabitants, then in 1901, compact territory

these requirements were often ignored, Congress made no attempts to enforce them,
they were left out of reapportionment act of 1929

Gerrymandering

since 1929, many State legislatures had drawn oddly shaped districts with widely
varying population

many of these oddly shaped districts have been gerrymandered—drawn to the

advantage of a certain party or group (remember, these are single-member districts,
and only one person will be elected to represent each district in the House of
Representatives

the practice is widespread today, districts for state legislators, in cities, counties, school
districts, et cetera

two forms

concentrate the opposition’s voters in one or a few districts, leaving other districts safe
for the dominant party

spread the opposition thinly among several districts, limiting ability to win anywhere

republican v democrat, rural v urban

Westberry v Sanders, 1964

Georgia’s congressional districts were so widely different in population that they were
found to violate the Constitution

Qualifications for House members

 Formal Qualifications

must be 25

must have been a citizen of US for at least 7 years

must live in the state from which elected

custom (not law) says they should live in the district that they represent

legislator should be close to and understand the people, locale, and issues they
represent

the House of Representatives is the “Judge of the Elections, Returns and Qualifications
of its own members,” according to the Constitution

decides the outcomes of disputes over challenged seats

punishes its own members for disorderly behavior

can refuse to seat a member-elect by majority vote

can expel members with 2/3rds vote

has expelled a few members, examples p. 273

some members resign to avoid expulsion

Informal Qualifications

vary from state to state—related to vote-getting abilities

party identification

name familiarity

gender

ethnic characteristics

political experience

Chapter 10: the Senate

continuous body—governing body whose seats are never all up for election at the same
time

constituency—the people and interests that an elected official represents

Senate is often viewed as the “upper house” of Congress.

Many Senators were once Representatives in the House of Representatives.

Size

Constitution says that the Senate “shall be composed of two Senators from each State,”

began with 22 members in the first term, and ended the term with 26.

size of the Senate has grown as States have entered the US

today, 100 senators represent the 50 states

Framers hoped that the Senate being smaller would be more enlightened and
responsible than the House

Senators represent whole states, and so usually represent larger, more diverse
populations than Representatives

Election

originally, Senators were chosen by the State legislatures

since the 17th Amendment in 1913, Senators have been chosen by the voters in each
State

unless a state’s seat has been left vacant by death, resignation, or expulsion, only one
seat is up for election in any given election

Senators are elected from the State at-large

Term

six-year terms

1/3rd of the Senate is up for re-election every two years, terms are staggered

makes the Senate a continuous body

longer terms make Senators less subject to the pressure of public opinion

larger constituency

Senators are more well known

Qualifications
 higher qualifications than House

must be 30 years old

must have been a citizen for at least nine years

must live in the State from which elected

Senate sets its own qualifications

may exclude a member by a majority vote

can refuse to seat a member-elect

can punish members and expel members

Chapter 10: Members of Congress

trustee—lawmaker who votes based on his or her conscience and judgment, not the
views of his or her constituents

partisan—lawmaker who owes his/her first allegiance to his/her political party and votes
according to the party line

delegate—lawmakers who vote according to the will of their constituency

politico—lawmaker that attempts to balance the basic elements of the trustee, delegate,
and partisan roles

oversight function—review by legislative committees of the policies and programs of the

executive branch

franking privilege—benefit allowing members of Congress to mail letters and other

materials postage free

Which is the best type of politician: trustee, partisan, delegate, or politico?

535 members of Congress are not a true cross-section or representation of the population of
the country!

The average age is 54 in the house, 59 in the Senate!

The average member is a white male in his 50s.

There are more women today, and they are moving into leadership roles (currently the Speaker
of the House is Nancy Pelosi).

Today there are more African Americans, Hispanics, Asian Americans.

Nearly all the members are married (two children is the average).

Many are either Protestant or Roman Catholic, some Jewish, few say they have no religious
affiliation.

Many are lawyers by profession, and most went to college.

Most were born in the State they represent.

Only a few were not born in the US.

What is the Job?

legislator

representative of constituents

committee member

servant of constituent

politicians

Voting Options: how will they choose to represent their constituents?

trustee

delegate

partisan

politico

Committee Member: every member is in a committee

proposed bills are referred to committees in each chamber of Congress

committee members screen the proposals, decide which will go to the floor for
consideration and which will die in committee
 through committees, Congress performs its oversight function, checking on and making
sure that the various agencies in the executive branch are working effectively and
following the policies and laws set

Servants: help their constituents that have various problems with federal bureaucracy

Social Security benefit, passport application, small business loan. . . .

basically doing favors

careful to respond to requests because all the requests come from voters!

$$$:how much do they make?

Constitution guarantees a salary for Congress

senators and representatives make $158,000

Speaker of the House makes $193,000

Sentate President Pro Tempore, majority and minority leaders make $172,900

benefits

special tax deductions (because some maintain two residences, DC and home)

travel allowances

inexpensive and good health and life insurance plans

health care from military hospitals at low rates

generous retirement plan

office in DC, allowances for offices in their home and district

funds for hiring staff and operating costs

franking privilege

free printing

gyms, pools, exercise rooms and saunas

Library of Congress

parking spaces at Capitol and DCs airports

 two things limit Congressional pay—Presidential veto and backlash from the voters

Congress doesn’t want to raise its salary and upset the voters—so they use benefits
and allowances to make up for the salary in other ways

certainly, for the job they do, they deserve decent compensations

decent salary will attract qualified people to the job

certainly people don’t run for Congress just for the salary!

Other Privileges

Constitution protects them from arrest except in cases of treason, felony and breach of
the peace protected speech and debate in the chambers—won’t be charged with libel or
slander due to anything they do in official conduct—allows for freedom of debate and
discussion when it comes to legislative matters (not designed to allow attack verbally or
defame another person)

Chapter 11: Powers of Congress: The Scope of Congressional Power

expressed powers—powers that are spelled out expressly in the Constitution

implied powers—powers that are suggested by the expressed powers
implied
inherent powers—powers that are assumed to the National Government because it is the
government of a sovereign nation
strict constructionist—one who argues a narrow interpretation of the Constitution’s provisions,
in particularly those granting powers to the National Government
liberal constructionist—one who argues a broad interpretation of the provisions of the
Constitution, particularly those granting powers to the National Government
consensus—general agreement among various groups on fundamental matters; broad
agreement on public questions

Even though Congress deals with many different matters, it does have limits.
the government of the US is limited government
the US government is a federal government

Congress only has those powers delegated (granted, given) to it by the Constitution.
Large areas of power are denied to Congress by the Constitution through delegation, silence,
and the federal system.

Congress can’t: create a national public school system, require people to vote or go to church,
set minimum age for marriage or drivers’ license, abolish jury trials, confiscate all handguns, or
censor the content of newspaper columns or radio or television broadcasts.
Congress can exercise the powers the Constitution grants it. The Constitution grants powers
in three different ways:
expressed powers
implied powers
inherent powers

Conflict over how to interpret the Constitution:

going back to the to the Federalists and Anti-Federalists there are still today two schools of
thought on the Constitution
rather than calling them Federalists and Anti-Federalists today they are liberal and strict
constructionists
strict constructionists (previously Anti-Federalists led by Thomas Jefferson) say that Congress
should only be able to exercise
its expressed powers
those implied powers absolutely necessary to carry out the expressed powers
wanted to retain rights for the states to carry out things that only states could decide for
themselves
feared the National Government couldn’t protect the needs of states
liberal constructionists (previously the Federalists led by Alexander Hamilton) favored a liberal
construction of the Constitution
under this idea, the power of the National Government has grown
Congress’s powers have grown, and continue to grow
the growing power have been caused by many sources—wars, economic crisis, national
emergencies
in general, the people of the US have agreed with the broader rather than narrow reading of
the Constitution
there has been a consensus over the broader view of the Constitution

Chapter 11: The Expressed Powers of Money and Commerce

tax—a charge levied by government on persons or property to meet public needs
direct tax—a tax that must be paid by the person on whom it is levied
indirect tax—a tax levied on one party but passed on to another for payment
deficit financing—practice of funding government my borrowing to make up the difference
between government spending and revenue
public debt—all the money borrowed by the government and not yet repaid, plus the accrued
interest on that money; also called national debt or federal debt
commerce power—exclusive power of Congress to regulate interstate and foreign trade
legal tender—any kind of money that a creditor must, by law, accept in payment for debt
bankruptcy—the legal process by which a bankrupt person’s assets are distributed among
those to whom he or she owes debts
Most of the Expressed Powers of Congress are found in Article I, Section 8.
18 clauses spell out 27 powers given to Congress.
More understanding of these powers comes from learning what Congress has done with them
rather than reading the powers themselves.

Power to Tax comes from Article I, Section 8, Clause 1, “to lay and collect Taxes, Duties,
Imposts and Excises, to pay the Debts and provide for the common Defense and general
Welfare of the United States….”
since the Articles of Confederation had not given Congress the power to tax, it was a
noticeably important power for the new Constitution to grant Congress.
most of the revenue of the National Government comes in the form of taxes
taxes are levied on a person’s income, property
Congress sometimes devises taxes for other purposes, the protective tariff is an example, it
does bring in revenue, but its purpose is to protect domestic industry against foreign industry
by increasing the cost of foreign goods
some taxes are for public health and safety, in order to manufacture or sell narcotics, people
must have the proper federal licensure—a form of taxation—licensure also helps to regulate
the industry

Limits on Taxation
cannot tax church services—violates the first amendment freedom of religion
cannot use tax as a condition for voting—violates the 24th amendment
(1) Congress may only tax for public purposes
(2) Congress may not tax exports
(3) direct taxes must be apportioned among the States according to populations
paid directly to the government
tax on the ownership of land, buildings
income tax (16th Amendment)
direct taxes, in proportion to population, would fall more heavily on some and so would be
unfair, so income tax is the only direct tax the government levies outside DC
(4) indirect taxes levied by the Federal Government must be at the same rate in every part of
the country (duties, imposts, excises)
these include taxes on alcoholic beverages, tobacco products, gasoline
indirect taxes are first paid by one person, then passed on to another
tax on cigarettes is first paid to the Treasury by the company, then passed on to the wholesaler,
to the retailer, to the person who buys the cigarettes

Borrowing: Article I, Section 8 Clause 2: Congress gets the power to borrow money on the
Credit of the United States
no Constitutional limits on the amount of money that Congress may borrow
no restriction for purpose
deficit financing, for decades the US has spent more than it makes in a year, borrows to make
up the difference
Depression of 1930s
World War II
fund programs
never showed a surplus between 1969 and 1998
public debt rises each year
Balanced Budget Act of 1997=promise to eliminate debt financing, surpluses followed in the
next few years
Era of surpluses was brief
sharp downturn in the economy
major tax cuts (under Bush administration)
onset of war on terrorism

The Commerce Clause, Article I, Section 8, Clause 3 gives Congress the power “to regulate
Commerce with foreign Nations, and among the several States, and with Indian Tribes.”
Congress gets to regulate interstate and foreign trade because the Articles of Confederation
didn’t
it has allowed the growth of a large economy
Gibbons v. Ogden, 1824, first case to reach Supreme Court involving the Commerce Clause
(p.297), changed the range of “commerce”
it defined commerce as interactions between nations, parts of nations, in all its branches
the issue had been over steamboat monopolies, thus ending the monopolies
after this decision, steamboat industry boomed as well as the railroad
commerce power has allowed for extension of the federal authority
Limits on Commerce Power
must be in accord with all other parts of the Constitution
cannot tax exports
cannot favor the ports of one State over another
cannot require that “Vessels bound to, or from, one State, be obliged to enter, clear or pay
Duties to another,” Article I, Section 9, Clause 6
could not interfere with the slave trade, at least not until the year 1808, Article I, Section 9,
Clause 1 (Slave-trade Compromise)

Currency Power: Article I, Section 8, Clause 5: coin money and regulate value, this power is
denied to the individual States
until the Revolution, the English money system was in place in the colonies
Articles of Confederation did issue money, but had no backing for it, making the money
worthless; states also issued currency
there was British, Spanish, US, and state currencies floating around in the US, making it
difficult to know what money was real and should be accepted as payment
Framers decided to end confusion; gave only Congress the power to coin money
has been one of the most important powers and tasks the Government performs
first, coins (gold, silver, other metals)
Bank of US chartered in 1791, began issuing paper bank notes (that were not legal tender—
paper money did not become legal tender until 1861)
new national paper notes were called Greenbacks—could not be redeemed for gold or silver
coin at the Treasury—their worth fell to less than half their face value
Supreme Court held the issuance of Greenbacks to be unconstitutional (Hepburn v Griswold,
1870, said “coin” meant to stamp metal and so did not authorize paper money)
Supreme Court changed its mind, in 1871, Legal Tender Cases and 1884, Juliard v. Greenman
paper money was held to be legal tender, and the issuing of paper money was proper use of
the power to coin money

Bankruptcy: Article I, Section 8, Clause 4: “establish uniform Laws on the subject of

Bankruptcies throughout the United States.”
bankrupt individuals or companies are found to be insolvent (or unable to pay debts)
bankruptcy is the legal process for paying back debts, freeing the person or company from the
debts
States and National Government have concurrent power to regulate bankruptcy

Other Expressed Powers

naturalization—the legal process by which citizens of one country become citizens of another
copyright—the exclusive, legal right of a person to reproduce, publish, and sell his or her own
literary, musical, or artistic creations
patent—a license issued to an inventor granting the exclusive right to manufacture, use, or sell
his or her invention for a limited period of time
eminent domain—power of a government to take private property for public use

Foreign Relations Powers

National Government has greater powers in foreign relations than any other area
powers are shared by Congress and the President
States are not allowed to participate in foreign relations
Congress gets its foreign relations powers from 2 sources
expressed powers in the Constitution (war powers, regulating foreign commerce)
sovereignty of the US, and Congress is the lawmaking body, gives it the power to act on
matters affecting the security of the nation (regulating immigration and measures to combat
terrorism)

War Powers: Article I, Section 8: 8 of these deal with war and national defense
shared powers with the President
ONLY Congress my declare war
Congress has the power to raise and support military
marque and reprisal—written grants of power authorizing private persons to outfit vessels to
capture and destroy enemy vessels in times of war—were forbidden by international law by the
Declaration of Paris 1856—US honors the rule
War Powers Resolution 1973—Congress claimed the power to restrict the use of American
forces in combat areas where a state of war does not exist

Naturalization
Congress has the power to set the rules for naturalization

Postal Power: Article I, Section 8, Clause 7: “to establish post offices and post roads”
post roads are all postal routes, railroads, airways, waters within the US during the time mail is
being carried on them
Ben Franklin is usually credited as the founder of the present-day postal system
38,000 post offices, branches, stations
750,000 employees
Congress has established postal crimes:
it is a Federal crime to obstruct mail
use the mail to commit fraud
or use the mail to commit any other crime
Congress has prohibited the mailing of certain items:
any article prohibited by a State’s laws cannot be sent into that State by mail (fireworks,
switchblades)
other items including chain letters or obscene materials cannot be sent by mail
State and local governments cannot unreasonably interfere with mail
States cannot require licenses for Postal Service vehicles
States cannot tax the Post Offices, or any property of the US Postal Service (down to the gas
used in the vehicles)

Copyrights and Patents: Article I, Section 8, Clause 8: grant copyrights and patents in order to
promote progress: intellectual property
copyrights are registered by the Copyright Office in the Library of Congress; they are good for
the life of the author plus 70 years; can be transferred to a publishing firm by mutual agreement
copyrights cover: books, magazines, newspapers, musical compositions and lyrics, dramatic
works, paintings, sculptures, cartoons, maps, photographs, motion pictures, sound recordings .
...
Copyright Office does not enforce the protections of a copyright, the owner may sue for
damages in court for infringement or violation of a copyright

patents give rights on “any new and useful art, machine, manufacture, or composition of
matter, or any new and useful improvement thereof”
patents are good for 20 years; terms may be extended by a special act of Congress
Patent and Trademark Office in the Department of Commerce administers patent laws
utility patents: useful processes, machines, articles of manufacture and compositions of matter
design patents: prohibit unauthorized use of new, original, and ornamental designs for
manufactured articles
plant patents: protect certain invented or discovered plant varieties
Trademarks are an implied power from the commerce power
trademarks are some distinctive word, name, symbol, or device used by a manufacturer or
merchant to identify his goods or services and distinguish them from those made or sold by
others
trademarks may be registered for 10 years and renewed unlimited number of times
trade secrets: information that companies keep secret to give them an advantage over their
competitors

Weights and Measures: Article I, Section 8, Clause 5: “fix the standard of weights and
measures”
reflects the need for accurate uniform gauges of time, distance, area, weight, volume, and the
like
1838 Congress set the English system: pound, ounce, mile, foot, gallon, quart
1866 Congress legalized the use of the metric system: gram, meter, kilometer, liter
1901 Congress created the National Bureau of Standards in the Commerce Department, now
the National Institute of Standards and Technology—keeps the original standards by which all
measures in the US are tested and corrected

Power over Territories and Other Areas: Article I, Section 8, Clause 17 and Article IV, Section
3, Clause 2: power to acquire, manage and dispose of various federal areas
power relates to Washington DC, Puerto Rico, Guam, Virgin Islands, military installations,
arsenals, dockyards, post offices, prisons, parks and forest preserves, and other federal
holdings
Federal Government may acquire property by purchase or gift or eminent domain
territory may also be acquired from a foreign state based on the power to admit new States, on
the war powers, and on the President’s treaty-making power

Judicial Powers
part of Checks and Balances
expressed power to create all of the federal courts below the Supreme Court and to structure
the Federal Judiciary
power to define federal crimes and set punishment for violators of federal law
Article I, Section 8: counterfeiting, piracies and felonies on the high seas, offenses against
international law
Article III, Section 3: treason
Congress has used its implied powers to establish more than one hundred other federal crimes

Chapter 11: The Implied Powers

appropriate—assign to a particular use

Necessary and Proper Clause—Constitutional clause that gives Congress the power to make
all laws “necessary and proper” for executing its powers
doctrine—principle or fundamental policy
The implied powers of Congress allow Congress to do things not expressly granted, but
believed that it should do, for instance assigning money to education through the Department
of Education.

Necessary and Proper Clause: Article I, Section 8, Clause 18

often called the “Elastic Clause” because it has been stretched so far and made to cover so
much over the years
immediately there was a battle over implied powers
1790 Alexander Hamilton: Secretary of the Treasury, urged Congress to set up a national bank
—became one of the most important disputes in all of American political history
opponents said the Constitution nowhere stated the power to create a national bank (strict
constructionists)
Hamilton and the liberal constructionists said it was necessary and proper
Congress sided with Hamilton, US Bank chartered in 1791, for 20 years, til 1811
McCulloch v Maryland, 1819
Congress created the Second Bank of the United States (after another battle over the powers
of Congress)
opponents of the new bank tried to sabotage the bank (Maryland placed a tax on all notes
issued by any bank doing business in the State but not chartered by the State legislature)
the Second Bank Branch in Baltimore issued notes on which no tax had been paid (James
McCulloch was the cashier)
in Maryland’s courts, the State won, the case then went to the Supreme Court
in argument, Maryland took the strict constructionist view, saying the bank wasn’t even
Constitutional; the US argued the concept of implied powers, and that no State could lawfully
tax any agency of the Federal Government
Supreme Court overturned Maryland decision, saying that indeed the Second Bank was
necessary and proper
this gave sweeping approval to the doctrine of implied powers
Chief Justice John Marshall’s court opinion, p. 307
very broad interpretation of the Constitution
Chart of Implied Powers of Congress, p. 308
Became known as “the doctrine of implied powers”
Reining in Congress, p. 309

Chapter 11: The Nonlegislative Powers of Congress

successor—a person who inherits a title or office

impeach—to bring formal charges against a public official; the House of Representatives has
the sole power to impeach civil officers of the United States
acquit—find not guilty of a charge
perjury—the act of lying under oath
censure—issue a formal condemnation
subpoena—an order for a person to appear and to produce documents or other requested
materials

There are several things Congress must do besides making laws.

Congress may propose Constitutional Amendments: Article V

needs a 2/3rds vote in each house
has happened 33 times
Congress may also call a national convention of delegates from each of the States to propose
and amendment, but only if requested by at least 2/3rds of the State legislatures
several States legislatures have petitioned Congress for amendments

Electoral Duties
12th Amendment says that if no candidate wins a majority of the electoral votes for President,
the House of Representatives, voting by States, decides the issue
must choose from the three highest contenders in the electoral college balloting
each State gets one vote to cast
a majority of the States is necessary for the election
Senate has this power for the Vice Presidency
House has twice chosen a President—Thomas Jefferson in 1801 and John Quincy Adams in
1825
Senate had to pick a VP only once, 1837, Richard M. Johnson
25th Amendment—if the VP spot becomes vacant, the president nominates a successor,
Congress must approve with a majority vote in both houses
has been used twice, Gerald Ford 1974 then Nelson Rockefeller 1974

Impeachment
all civil officers of the United States may “be removed from office on impeachment for and
conviction of, treason, bribery, or other high crimes and misdemeanors,”
House of Representatives had the sole power to impeach (to accuse or bring charges)
Senate has the sole power to try (or judge) impeachment cases
requires a majority vote in the House to impeach
conviction requires 2/3rds vote in the Senate
Chief Justice presides over the Senate when a President is being tried
penalty for conviction is removal from office, and Senate may prohibit a convicted person from
ever holding federal office again
persons can then be tried in the regular courts for any crime involved in the events that led to
the impeachment
there have been 17 impeachments, 7 convictions (all persons removed by the Senate were
federal judges)
two Presidents have been impeached by the House, Andrew Johnson in 1868 and Bill Clinton
1998; the Senate voted to acquit both men
p. 312, Description of the Impeachment Process, with details from both impeachments
Richard Nixon 1974—resigned from office facing certain impeachment

Executive Powers
Appointments to office
the Senate confirms all major Presidential appointments
the nominees are referred to the appropriate standing committee of the Senate
hearings are held to decide whether or not to make a favorable recommendation to the full
Senate
rare for the nominations to be turned down by the Senate
“senatorial courtesy” comes into play with the appointment of federal officers who serve in the
various States—the Senate will turn down the appointment if it is opposed by a senator of the
President’s party from the State involved
implies that some senators can dictate presidential appointments??
Treaties
treaties are made “by and with the Advice and Consent of the Senate, . . . provided two thirds
of the Senators present concur.”
President used to ask the advice of the Senate
now Presidents usually consult members of the Senate Foreign Relations Committee and
influential members of both parties
Senate may accept or reject a treaty
Senate may offer amendments, reservations or understandings to a treaty
influential House members are often also consulted in the treaty-making process

Investigatory Power
Congress has the power to investigate any matter that falls within the scope of its legislative
powers
inquiries are held to
gather information useful to Congress to make legislation
oversee the operations of various executive branch agencies (oversight-function)
focus public attention on a particular subject
expose the questionable activities of public officials or private persons
promote the particular interests of some members of Congress
Chapter 12: Congress in Action: Congress Organizes!
Speaker of the House—presiding officer of the House of Representatives
president of the Senate—presiding officer of the Senate—the Vice President
president pro tempore—member of the Senate chosen to preside in the absence of the
president of the Senate (VP)
party caucus—(party conference) a closed meeting of a party’s House or Senate members
floor leader—members of the House and Senate picked by their parties to carry out party
decisions and steer legislative action to meet party goals
whip—assistants to the floor leaders in the House and Senate responsible for monitoring and
marshalling votes
committee chairman—member who heads a standing committee in a legislative body
seniority rule—unwritten rule in both houses of Congress reserving the top posts in each
chamber, particularly committee chairmanships, for members with the longest records of
service

Congress employs 30,000 people (some Congressional staff, some working in agencies
created—Library of Congress . . .)
Congress budgets several billion dollars to finance operations each year
In order to function, Congress must be organized!

Remember, terms begin on the 3rd day of January, every odd-numbered year (following the
November elections).

Opening Day: House

technically, the House begins fresh each term with no sworn-in members, no established rules,
and no organization until the opening day ceremonies are held
the clerk of the House (a nonmember officer picked by the majority party) from the preceding
term is in charge of the first day’s session
chamber is called to order, roll is called
Speaker is chosen (but has already been chosen prior to the start of Congress, this is just the
official choosing) and sworn in by the clerk
the Speaker then swears in the rest of the members as a group
members take their seats, where people sit is determined by their party, Democrats on one
side, Republicans on the other
House elects its new clerk (will be a different person from above if the majority party has
changed or the previous clerk has resigned for some reason),sergeant at arms, chief
administrative officer, and chaplain
all of these people are nonmembers, they are chosen by the majority party before the term
begins and their elections are formalities
the House will then adopt the governing rules, usually they simply adopt the “rule book” that
has been developing over the last 200 years with little or no change
the House will then appoint the members of the 19 permanent committees

Opening Day: Senate

Senate has operated without interruption since its first session in 1789
Opening Day in the Senate is far simpler than the House, because at least 2/3rds of the
Senate are carried over from the last term
newly elected and returning members must be sworn in
committee vacancies must be filled

State of the Union Address

customarily, after the House is organized and notifies the Senate, a joint-committee (committee
of both houses) is appointed “to wait upon the President of the United States and inform him
that a quorum of each House is assembled and that the Congress is ready to receive any
communication he may be pleased to make.”
within a few weeks, the President will deliver the State of the Union to a joint session of
Congress (both houses)
others in attendance are the Cabinet, justices of the Supreme Court, foreign diplomatic corps,
dignitaries
the address takes place in the House chamber
the State of the Union is a Presidential report on the country as the President sees it and will
conwtain
information on policies the President plans to follow
legislative recommendations
the address is televised live

Presiding Officers: Constitution states each house of Congress have a presiding officer
Speaker of the House
presides over the House of Representatives
a very powerful position
elected by the House (majority party)
generally the acknowledged leader of the majority party (although this isn’t a rule)
Speakers are supposed to preside fairly and judiciously, but to also aid the goals of the majority
party
two major duties, to preside and to keep order
presides over every session (or appoints someone to preside)
members must be recognized by the Speaker of the House before they can speak
Speaker interprets and applies the rules of the House
refers bills to standing committees
rules on questions of procedure
puts motions to a vote
decides the outcome of votes
names the members of all select and conference committees (to be explained later)
signs bills and resolutions passed by the House
Speaker is still a member of the House and the representative to his/her district
Speaker may debate and vote
temporary presiding officer must be appointed during this time
Speaker does not often vote
Speaker of the house follows the Vice President in the presidential line of succession

President of the Senate

presides over the Senate
Vice President is the President of the Senate
NOT a member of the Senate, and so this is a less powerful chair than the Speaker of the
House
NOT elected by the Senate itself, might not be of the same party as the majority party of the
Senate
has same presiding powers as Speaker of the House: recognizing members to speak, putting
measures to a vote
CANNOT participate in debate
ONLY votes to break a tie
has little influence over the Senate, but many VPs are former Senators, which gives them a
little more influence

President Pro Tempore of the Senate

serves in the absence of the VP
elected by the Senate
President Pro Tem
customarily the leading member of the majority party in Senate (usually the longest serving
member of the party)
other members of Senate preside on a temporary basis
follows the Speaker of the House in the Presidential line of succession

Party Caucus
both houses of Congress are organized along party lines
Party Caucus is a closed meeting of the members of a party in each house
they happen before Congress convenes in January and occasionally during a session
often called a party conference today
mostly, caucus deals with the organization of the party—who will fill the party leadership spots
caucus often also are held to decide and encourage a decision on one bill or another
policy committee—party’s top leadership leads the caucus

Floor Leaders
not official positions, but party offices
try to carry out the party decision on the floor of Congress
chief spokesman of the party in the respective houses
need to be highly skilled in politics
majority floor leader has more power than the minority leader
assisted by whips
chosen by the caucus
there are a number of whips in the house because there are more members
whips are the link between party leadership and the rest of the party
they measure how many votes can be counted on in any particular matter so the party knows
where it stands
make sure party members are present for votes on important matters
encourage party members to vote with party leadership
try to make sure that if there are absent members on voting days there is an absent member of
the other party or at least a member who will not vote on the issue
Committee Chairmen
much of Congressional work actually happens within committees
Committee Chairmen hold important posts
they are chosen from the majority party
decide when the committees will meet
which bills they will discuss
if they will hold public hearings and what witnesses they will call
Chairmen manages debate on the floor for bills coming from their committee and try to steer
the debate to have the bill passed

Seniority Rule
unwritten custom
states that the most important posts in both houses will be given to the party members with the
longest records of service in Congress
usually applied to committee chairmen (usually the longest serving member of the majority
party on that committee)
Criticisms:
ignores ability
discourages younger/newer members of Congress
chairmen then also come from “safe” constituencies—a district that votes the same way,
election after election
with no contest, critics say these Congressmen are out of touch with public opinion
Defenders:
provides that a powerful and experienced member will head committees
eliminates squabbling for positions inside the party
in recent years, secret ballot has been used to choose some of the committee members and
chairmen
Rule in the House Republicans: limits the tenure of committee chairmen—no Republican
Chairman can serve more than six years as chairman

Chapter 12: Congress in Action: Committees in Congress

standing committee—permanent committee in a legislative body to which bills in a specified
subject-matter area are referred
select committee—legislative committee created for a limited time and for some specific
purpose; also know as a special committee
joint committee—legislative committee composed of members of both houses
conference committee—temporary joint committee created to reconcile any differences
between the two houses’ versions of a bill

There is so much work to be done in Congress that the work must be divided.
In 1789 the House and Senate both decided to name special committees to focus on each bill
introduced. Too many committees were made, so in 1794, each house set up the standing
committees where bills that were similar could be sent for discussion.

Standing Committees
number of committees has changed over time
somewhere in the realm of 20 today
membership in committees varies also—House 10-75; Senate 14-28
House members are usually assigned to one or two committees; Senators to three or four
committees are where bills are thoroughly discussed
members usually respect the decisions made by committees
often bills do not make it out of committee to full floor discussion and vote
some committees are seen as more influential than others (of course, members try to get
positions on these committees) (List of all committees on page 330)
House leading committees are:
Rules
Ways and Means
Appropriations
Armed Services
Judiciary
International Relations
Agricultural
Senate leading committees are:
Foreign Relations
Appropriations
Finance
Judiciary
Armed Services
Banking, Housing and Urban Affairs
Most of the committees are “subject matter” committees, although a few are not
presiding officer of each house refers bills to their appropriate standing committee
standing committees are divided into subcommittees, further dividing the work

House Rules Committee

“traffic cop” of the House
after bills pass through their standing committee, before bills reach the floor of the House, they
must also pass through the Rules Committee
the Rules Committee schedules floor consideration, deciding whether and how the Full House
will consider a measure
Rules Committee then can speed, delay or prevent appearance of bills on the floor
(In the Senate, the majority floor leader controls the appearance of bills on the floor.)

Select Committees
sometimes called special committees are put together for some special purpose for a limited
time, usually to investigate some current matter
members are appointed by the Speaker of the House or the President of the Senate
sometimes they are made for very exciting, historic issues, and other times for important—but
not exciting—things

Joint and Conference Committees

Joint committees have members of both houses
some are select committees to serve some specific purpose
most are permanent groups that serve on a regular basis and deal with matters of concern for
both houses

Conference Committees are special committees put together to produce a bill that both houses
will accept when they have passed different versions of a bill and neither house will agree to
the other’s bill

Chapter 12: Congress in Action: How a Bill Becomes a Law: The House
bill—proposed law presented to a legislative body for consideration
joint resolution—a proposal for action that has the force of law when passed; usually deals with
special circumstances of temporary matters
concurrent resolution—a statement of position on an issue used by the House and the Senate
acting jointly; does not have the force of law and does not require the President’s signature
resolution—a measure relating to the business of either house, or expressing an opinion; does
not have the force of law and does not require the President’s signature
rider—unpopular provision added to an important bill certain to pass so that it will “ride”
through the legislative process
discharge petition—a procedure enabling members to force a bill that has been pigeonholed in
committee onto the floor for consideration
subcommittee—division of an existing committee that is formed to address specific issues
Committee of the Whole—a committee that consist of an entire legislative body; used for a
procedure in which a legislative body expedites its business by resolving itself into a committee
of itself
quorum—least number of members who must be present for a legislative body to conduct
business; majority
engross—to print a bill in its final form

Something like 10,000 measures are brought to Congress (either House or Senate) each term
(two years) of Congress! Very few ever become law, something like 10%.

Why so few? The process is very complicated!

What measures are bought to Congress:

bill is a proposed law presented for consideration
the idea for most bills comes from the executive branch of government
business, labor, agriculture, and other special interest groups also write bills and present ideas
still other bills come from the ideas of private citizens
some come from the ideas presented by the committees of Congress
bills or resolutions are usually about a single subject
sometimes a rider is added that deals with an entirely different subject
riders often would not pass on their own
added to bills or resolutions certain to pass or must be passed
the “ride” or take advantage of the success of the bill they attach to
often the bills that
measures (bills or resolutions) take several different forms

bills are either public or private

public bills apply to the nation as a whole
private bills apply to certain persons or places

joint resolutions are similar to bills and have the force of law when passed
deal with temporary matters

concurrent resolutions are for issues the House and the Senate must address together
do not have the force of law
usually used to state an opinion

resolutions are for either house alone

rules and procedures in one house
do not have force of law

The House Path of a bill:

only members can introduce bills in the House
members drop them into the “hopper” (a box on the clerk’s desk)
clerk of the House numbers each bill
House bills begin with H.R. and are numbered consecutively as measures introduced in
Congress
(Bills introduced in the Senate begin with S.)
clerk gives each bill a short title
bills are entered into the House Journal and in the Congressional Record for the day
Journal contains the minutes or official record of daily proceedings
Congressional Record account of daily proceedings—speeches, debates, et cet
members have five days to make changes
the bill will have then been through its first reading
bills will have three readings before being passed:
first in introduction
second during floor consideration
third just before the final vote
readings are usually by number and title only
more important or controversial are read in full
readings today are sometimes ceremonial, stemming from ancient parliamentary practice;
used to be important because not all members could read
bills are printed after introduction and distributed to the members
the Speaker will then refer the bill to the appropriate standing committee

Bill in Committee
fate of most bills is decided in committee
thousands of bills are introduced
many are “pigeonholed” meaning they die in committee
most bills deserve this?
if an pigeonholed bill is something the House wants to consider, members can force the bill to
discussion after it has remained in committee for 30 days with a discharge petition
any member my file a discharge motion
if it is signed by a majority (218) of members, the committee has seven days to report the bill
if not, any member that signed the motion can move the bill to the floor
bills that are discussed in committee are sent to a subcommittee
public hearings might be held to gather information about the subject where interested parties
might be asked to testify or present information
junkets (or trips) to locations affected might be taken

Committee Action after discussion

Report the bill favorably—recommend passing
Refuse to report the bill
Report the bill in amended form
Report the bill with an unfavorable recommendation
Report a committee bill—an entirely new bill the committee substitutes for bills referred to it
Floor Debate
Bills must be placed on a calendar before they are debated (there are five different calendars
Calendar of the Committee of the Whole House on the State of the Union (or Union
Calendar)=all bills having to do with revenues, appropriations, or government property
House Calendar=all other public bills
Calendar of the Committee of the Whole House (or Private Calendar)=all private bills
Corrections Calendar=all bills from the Union or House Calendar taken out of order by
unanimous consent=usually minor bills to which there is no opposition
Discharge Calendar=petitions to discharge bills from committee
bills are considered from these calendars on a regularly scheduled basis, each calendar has
certain days of the month that bills can be presented

Even with the elaborate schedule, things are often even more complicated!
Rules Committee must grant each bill a “rule” before most bills can reach the floor= before they
can be taken from the calendar and set a time for appearance on the floor
by not granting a rule, the Rules Committee can kill a bill
rule can also set conditions for the consideration of a bill—for instance a time limit on floor
debate or prohibit portions of a bill
certain bills get privilege and may be called up any time
some days, the House suspends its rules (must be approved by 2/3 vote of members present)
suspending rules can allow a measure to move quickly through the steps
HOWEVER, the rules are very important to keep things organized since the House is so large
all the calendars and the rules committee serve to help the House handle the heavy and often
very different work load

if a bill does reach the floor of Congress, it first has its second reading
many bills are minor and are dealt with quickly
important bills are often considered under a Committee of the Whole
a parliamentary device for speeding debate
all members are part of the committee
instead of a majority quorum of 218 members, and Committee of the Whole only needs 100
members present
Speaker steps down, another member presides
bill gets second reading, section by section
at each section, amendments may be offered
5-minute rule gives supporters and opponents 5 minutes to make their cases
votes are take on each section and its amendments
when the bill has been read fully, the House dissolves the committee
Speaker resumes his or her position, and adopts the work of the committee

regular floor debate in the House is limited due to its large size
in 1841 a rule was adopted to forbid any member from holding the floor for more than one hour
without unanimous consent to speak for longer
since 1880 Speaker can force members not speaking on topic to give up the floor
majority and minority floor leaders decide how floor debate time will be split
at any time any member may “move the previous question”
this demands a vote on the issue
if the motion to move passes, 40 minutes of closing debate are allowed
this is the only motion that can close or end debate

VOTING
bills can be voted on many times
all amendments must be voted
procedural motions might be offered
the bill will be voted on finally
methods of voting
voice votes: the Speaker calls and judges the “ayes” and “noes”
members can call for a standing vote if they feel the voice vote was not correctly judged
teller vote can be demanded by 1/5th: tellers are chosen from each party and count the votes
for and against
teller votes are rare, usually replaced by electronic voting
roll-call vote can be demanded by 1/5th
1973 House put in a computerized voting system
replaced for all quorum calls and replaced also roll-call votes
48 stations on the floor allow members to use a personalized key card to make their vote: yea,
nay, present
master board above Speaker’s chair shows each member’s vote
15 minutes for quorum calls or record (roll-call) votes
Speaker will lock the board at the end of the voting period, creating a permanent record
(Senate does not use electronic voting, but uses voice, standing, and roll-call because it is
much smaller and doesn’t take as much time)
if a bill has been approved at second reading it is engrossed (or printed) in final form, read a
third time, and voted on for the final time
if passed, Speaker signs and sends bill to Senate

Chapter 12: Congress in Action: A Bill in the Senate

Because the steps in the House and the Senate are so similar, only the differences will be
highlighted. Assume all else is similar to the House.
filibuster—various tactics aimed at defeating a bill in a legislative body by preventing a final
vote
cloture—procedure used to limit or end floor debate in a legislative body
veto—Chief Executive’s power to reject a bill that was passed by a legislature
pocket veto—type of veto a chief executive may use after legislature has adjourned; when a
chief executive does not sign or veto a bill within the time allowed

Introduction
Senators introduce bills when they are formally recognized for that purpose
measures are given numbers (beginning with S for Senate)
read twice
referred to committee
Senate proceedings are less formal because the body of people is smaller
After Committee, there is only one calendar
Bills are referred to the floor for debate by the majority leader

Debate
Senators may speak on the floor for as long as they like
they are not required to stay on topic
there is no “move the previous question” to end debate
discussion is usually ended by unanimous consent
“two-speech” rule—no senator may speak more than twice on any measure in the same day
recessing rather than adjourning continues the “legislative day”, limiting a senators speech to 2
on any measure
freedom of debate is intended to fully and freely discuss matters

Filibuster
attempt to over-debate a bill and delay the final vote on the bill, forcing either the killing of a bill
or the changing of a bill
Senator Huey Long 1935 spoke for more than 15 hours, reading the telephone book and
recipes
Senator Glen Taylor 1947 talked about his children, Wall Street, baptism, and fishing for 8
hours
Senator Strom Thurmond, in a one-person effort against the Civil Rights Act 1957, held the
floor for 24 hours and 18 minutes (he failed, by the way)
practice is often used in the Senate
when a filibuster appears, rarely enforced rules become important
senators must stand, not lean, sit or walk as they speak
they may not use unparliamentary language

Cloture
Cloture is the check on filibuster, it is a Standing Rule of the Senate, first adopted in 1917 after
the most famous filibuster ever
just before US entered WWI, President Wilson asked Congress for legislation to permit the
arming of American merchant vessels—passed the House quickly, but died in the Senate
because of filibuster until the end of the term
cloture limits debate, it must be voted upon two days after submission of the petition calling for
the action has been submitted by 16 members, 60 members must vote for the motion (3/5ths of
the Senate), if it passes, 30 more hours of floor time may be spent, then the measure must be
brought to a final vote
it is difficult to invoke cloture—many senators are hesitant because they do not want to destroy
free debate in the Senate or undercut the value of filibuster if they ever chose to use it—it is
also difficult to get the 60 votes!

Conference Committee
all bills must be passed by both houses!
when bills are amended in either house or the houses pass different bills on the same subject
matter and refuse to both accept either bill, conference committees are needed
joint committee of both houses
restrict conference to matters in a bill which the two houses disagree
no new material (often changes are made that were not considered by either house)
the compromise bill is submitted to both houses and must be accepted or rejected without
amendment
What Can the President do???
when bills are passed in both houses, they go to the President
sign it and it becomes a law
veto the bill (refuse to sign it)
measure is returned to the house in which it originated, with the President’s objections (veto
message)
Congress may pass the bill into law against the President’s wishes with a 2/3rds vote of each
house, but seldom does
President may allow the bill to become law without signing it
not acting in 10 days (except Sundays) of receiving it
pocket veto: if Congress adjourns within 10 days of submitting the bill to the President and the
President does not act, the bill dies

Chapter 13: The Presidency: The President’s Job Description

“The presidency has made every man who occupied it, no matter how small, bigger than he
was, and no matter how big, not big enough for its demands.” --Lyndon B. Johnson

The President’s roles

the president has many jobs or roles the he or she must fill all at the same time
there isn’t a day of the week for each job, but they are simultaneous
when something is brought to the president, he or she might have to consider the options
through all or several of the roles

In the Constitution
Chief of State—the President is the ceremonial head of government, a symbol of the nation
Chief Executive—given the executive power by the Constitution in foreign and domestic affairs
Chief Administrator—the President directs the entirety of the Federal Government
Chief Diplomat—leads American foreign policy and is the nation’s spokesperson
Commander in Chief—leads the armed forces of the nation (Army, Airforce, Navy, Marines, et
cetera can be under the direct control of the President)
Chief Legislator—can set the legislative agenda; suggest, request, insist, demand or initiate
major legislation in Congress

Not in the Constitution, but roles he must fill for other reasons
Chief of Party—generally thought to lead his or her party
Chief Citizen—“representative of all the people” working for and representing the public
interest against private interest

Some Presidents have even taken it upon themselves to be the “moral leadership” of the nation
—Franklin Roosevelt.
That’s a lot to think about and a lot to do every day!
The way that Presidents go about performing all of these jobs can affect how they are
perceived as well as their ability to perform the job.
for instance, if as commander and chief and chief diplomat the president enters into an
unpopular war, it can lessen his or her abilities or effectiveness as the Chief of State or Chief
Legislator

Presidential Qualifications
natural born citizen—a citizen at birth
jus soli—of the soil, born as US citizen in the US
jus sanguinis—of the blood, born of US parents, not necessarily on US soil
anyone see problems with or contradictions to this rule?
be at least 35 years old
lived in the US for at least 14 years
These are only the formal qualifications, the informal are much of what allows the election of a
President, the formal are quite easy to meet.

Presidential Terms
After much debate, 4 years terms with the eligibility for reelection were decided for Presidents.
Constitution had originally put no limits on the number of terms a president could serve, just
that terms would be 4 years.
The first President George Washington refused to seek more than two terms and so the two-
term limit became tradition.
President Franklin Roosevelt broke the tradition—seeking and winning a third and then fourth
term with much support.
After Roosevelt, the 22nd Amendment 1951 formally limited presidents to two terms.
Why is this an important limit? Why does it need to be a formally stated in the Constitution?

Today, a President can serve a maximum of two FULL terms, or no more than 10 years in
office (if a Vice President becomes President half-way through the term, they may finish out
their predecessor’s term then seek two full terms of his or her own)

Pros and cons of term limits?

Presidential Pay and Benefits

Congress determines the President’s salary
can’t be increased or decreased during a presidential term
first set at $25,000 way back when—now $400,000, set in 1999, effective Jan. 20, 2001
Congress gives a $50,000 expense allowance to be spent as the President chooses
income is taxed just like all other citizens

Chapter 13: Presidential Succession and the Vice Presidency

originally, the Constitution did not say that the Vice President would become the President, just
that the VP would assume the duties and powers of the President were something to happen.
John Tyler in succeeding William Henry Harrison just a month after Harrison’s term began in
1841, became the precedent
the 25th Amendment in 1967 became the written addition to the Constitution that set forth
Presidential Succession
Congress fixed the order of succession following the VP in the Presidential Succession Act of
1947

Before the 25th

there were no official rules for what should happen if the president became incapable of
performing his job
many times over the 180 years between the Constitution and the 25th Amendment, the country
could have fallen into danger of not having a president because of temporary illnesses of the
President
President Eisenhower suffered three temporary illnesses, leaving him unable to work for days
President Garfield was very ill for 80 days leading up to his death
President Wilson suffered a stroke while in office and was so ill that he could not meet with his
cabinet for seven months
Sections 3 and 4 of the 25th serve to fix the problem: VP can become President if
President informs Congress in writing “that he is unable to discharge the powers and duties of
his office”
VP and a majority of the Cabinet inform Congress in writing that the President is incapacitated
President can resume powers by informing Congress that no inability exists
VP and Cabinet may challenge
Congress has 21 days to decide

So, what does the VP do?

Presides over the Senate
helps decide the question of presidential disability
“President-in-waiting”
VPs are also used to “balance the ticket”: candidates for president will choose a running mate
who will strengthen their chances of being elected
in the event that the VP spot becomes vacant during the term, the President chooses a new
VP and Congress confirms (according to the 25th Amendment
no matter what, the President cannot remove the VP from office

Chapter 13: The Presidency: Presidential Selection: The Framer’s Plan

presidential electors
electoral votes
electoral collage

Framers of the Constitution spent much time discussing the method for choosing the President
did not trust popular direct vote of the people or a vote by Congress
decided upon the Electoral College
Original Electoral College
Each State: presidential electors=number of senators and representatives in Congress
electors chosen in each State in a manner directed by State legislature
electors would cast two votes, each for a different person for President (top 2 choices)
electoral votes counted before a joint session of Congress
person receiving largest number of electoral votes, providing that it was a majority, became
President
person with second largest number of votes became VP
tie, or no majority, the President would be chosen by the House of Representatives, voting by
States
if a tie for second, VP chosen by Senate

PROBLEMS!
election of 1800 broke down the original system
parties had developed, each party had nominated Presidential and Vice Presidential
candidates
parties also nominated electors (that would if elected cast their votes for their parties
candidates) *not the plan of the Framers
73 Democratic-Republicans who won posts as electors voted for his party’s nominees,
Jefferson and Burr
TIE! between Jefferson (Presidential candidate) and Burr (VP candidate) for President
*OOPS!
House had to take 36 ballots before arriving at Jefferson as President
1800 election brought 3 new things to presidential elections
party nominations for president and vp
nomination of candidates for presidential electors with pledges for votes
automatic casting of electoral votes according to pledges

12th Amendment
separated the presidential and vice presidential elections

Chapter 13: the Presidency: Presidential Nominations

Party Primaries are held to help decide which candidates will be the official party candidates

National Party Conventions are held to formally decide and announce Presidential and Vice
Presidential candidates

Chapter 13: the Presidency: the Election

district plan
proportional plan
direct popular election
electorate
national bonus plan

Today’s Electoral College:

ALL the electoral votes go to the candidate in each state winning the popular vote in each
state. (In reality, voters are casting ballots for the group of electors nominated by each party,
rather than the Presidential Candidate.)
States electors equal to the number of members of Congress.
Electoral votes are then counted in each state capitol the Monday after the second Wednesday
in December.
By midnight of Election Day in November, usually the nation knows who will be the next
President, but the formal vote does not happen until December.
Candidates must receive 270 of the 538 electoral votes today.

Flaws in the Electoral College:

winner of popular vote not guaranteed the presidency
electors are not required to vote in accord with the popular vote
any election might have to be decided in the House of Representatives

Proposed Reform Plans

the District Plan
electors would be chosen the same as members of Congress, two-at large, and the rest by
State Congressional districts for the House of Representatives
the Proportional Plan
presidential candidates would receive the same share of a State’s electoral vote as he received
in the State’s popular vote
the Direct Popular Election
do away with electoral college all together and use the popular vote
the National Bonus Plan
keep electoral college, but give the candidate winning the popular vote 102 national electoral
votes
would increase the number of votes needed to 321
would help guarantee that the winner of popular vote wins electoral college

Chapter 14: The Presidency in Action: The Growth of Presidential Power

Article II of the Constitution establishes and gives the President power.
The words that establish and give power to the President are specific as to what powers the
President has, but loose when determining how those powers should compare to Congress
and just how much power the President has.
so the debate between a strong or weak president began quickly and has yet to end

Why has Presidential power grown?

often times the Presidents themselves have had some impact over the power of the office
Presidents are looked to by the nation for leadership on all sorts of matters
national emergencies—wars, economic collapse, attacks, natural disasters—have allowed
Presidents to take more power
Congress has given the Executive Branch the authority to carry out laws,
mass media has allowed greater visibility of the President, given more power

Presidential opinion:
Presidents often choose whether they are going to be strong or weak presidents—will they
take a broad or narrow view of their powers

Chapter 14: the Presidency in Action: Executive Powers

The President’s Oath of Office actually states that the execution of the office will be
undertaken. (p. 393)

Ordinance Power—
Executive Orders: directive, rule, or regulation that has the effect of law

Appointment Power—
President appoints certain top-ranking officials in the Federal Government
ambassadors, diplomats
Cabinet members and top aides
Heads of independent agencies
federal judges, US Marshals and attorneys
officers of the armed forces
Congress must approve these appointments.

Removal Power—
not technically in the Constitution, but assumed
President may remove those positions he appoints, without consent of Congress, EXCEPT for
federal judges

Chapter 14: the Presidency in Action: Diplomatic and Military Powers

Power to make treaties—

Treaties are made with the consent of Congress.
Executive Agreements: made between two heads of state or their subordinates, do not need
consent of Congress

Recognition—
acknowledgement of the legal existence of a country and its government
opens diplomatic relation with that country—sends and receives diplomatic representatives
Persona non grata: when diplomatic relations fail and the representatives of a country become
no longer welcome

Military—
Commander in Chief means the President may send troops , whenever, wherever, potentially
making undeclared war.
(Remember Congress actually declares war.)
War Powers Resolution is the check on the power to send troops, but potentially
unconstitutional. Congress has yet to enforce it when a president refuses to do so.
within 48 hours after committing American forces, President must report to Congress detailing
the circumstances and scope of actions
commitment must end within 60 days unless Congress agrees to a longer period, 30 days
allowed for safe withdrawal
Congress may end combat commitment at any time, by passing a concurrent resolution

Chapter 14: Presidency in Action: Legislative and Judicial Powers

Legislative powers:
President my recommend legislation to Congress
President may veto legislation passed by Congress. (Line-item veto existed for a short time.)
President may call a special session of Congress.

Judicial Powers:
reprieve
pardon
clemency
commutation
amnesty
These powers are used by the President usually the end of their term in office.
Chapter 15: Government at work: The Bureaucracy

What is a bureaucracy?
efficient and effective way to organize people
hierarchical authority—chain of command running from top to bottom of a pyramid structure
job specialization—each bureaucrat has certain defined duties and responsibilities
formalized rules—established rules, procedures, regulations

Benefits
can speed action by reducing conflict over who focuses on particular jobs
decisions are based on set rules and procedures
organization of the work
Three major groupings inside the Executive Branch: Executive office of the President,
Executive Departments, Independent Agencies (p.417)
Naming of agencies is difficult—they have many different titles, some with different meanings.
department—agencies of Cabinet rank
agencies—often used to refer to any governmental body, ones given the status in name are
often near-cabinet positions
administration—similar to agency
commission—usually regulate something,
corporation or authority—usually conduct business-like operations,
staff agencies—support,
line agencies—actually perform a task,

Chapter 15: Government at Work: Bureaucracy: The Executive Offices of the President

These are:
National Security Council,
Office of Homeland Security,
Office of Management and Budget,
Office of Faith-Based Community Initiatives,
Office of National Drug Control Policy,
Council of Economic Advisors,
Office of Policy Development,
Council on Environmental Quality,
Office of the VP,
Office of the United States Trade Representatives,
Office of Science and Technology Policy,
Office of Administration,

They are found in the West Wing of the White House

Chapter 15: Government at Work: Bureaucracy: the Executive Departments

Today there are 15 Executive Departments—better known as the Cabinet Departments.

Each department is headed by a secretary, except for the Department of Justice, which is
headed by the attorney general.
Departments also have subunits, staff and line.

Secretaries and the attorney general make up the Cabinet=an informal advisory body brought
together by the President to serve his needs.
Cabinet is a product of custom and usage.
In order of creation: (p.426)
State
Treasury
Defense
Inferior
Agriculture
Commerce
Labor
Health and Human Services
Housing and Urban Development
Transportation
Energy
Education
Veterans Affairs
Homeland Security

Chapter 15: Government at Work: The Bureaucracy: Independent Agencies

These are the agencies that exist outside the Executive Office of the President and the
Executive Departments.
Most of these need a deeper level of independence from the President, some do not fit well
into any department, some by accident.

They can be easily organized into three groups.

Independent Executive Agencies
Independent Regulatory Commissions
usually commissioned by Congress to regulate some law
due to their nature, they have quasi-legislative and quasi-judicial bodies
in making rules and regulations, they have quasi-legislative
deciding disputes in the fields in which they have authority, they have quasi-judicial
Government Corporations

Chapter 15: Government at Work: The Bureaucracy: Civil Service,

Civil Servants: civilian employees that perform the administrative work of the government
2.7 million people work for the Federal Government, only around 300,000 of them work in
Washington, DC!
There are regional, field, local, offices all around the US and in other countries as well.

Article II, Section 2, Clause 2 gives the direction about staffing the federal bureaucracy.
the President “shall nominate, and by and with the Consent of the Senate, shall appoint
Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other
Officers of the United States, whose Appointments are not herein otherwise provided for, and
which shall be established by Law: but the Congress may by Law vest the Appointment of such
inferior Officers, in the Courts of Law, or in the Heads of Departments.”

“Spoils System”
Presidents starting with Washington favored members of their own party to be governmentally
appointed employees. John Adams and then Thomas Jefferson continued the tradition of
filling those jobs with party members.

President Andrew Jackson though is most notably known for creating what was called the
spoils system.
When he became President, he cleared the some 2000 government employees and replaced
them with members of his own party, supporters, and friends. The practice also known as
patronage, was widely used at all levels of government and had been set as tradition.

Jackson stood by his decision and justified it democratically

the duties of public office are simple and anyone can do it,
there should be a “rotation in office” to give as many people as possible the opportunity and
privilege to serve their government
long service can lead to tyranny and inefficiency,
people are entitled to have the party they placed in power to control all offices of the
government.

Because the new spoils system was not without its own flaws, corruption grew inside the
government. Reform became necessary.
Congress created a Civil Service Commission in 1871—but it was underfunded.
President Garfield was actually shot by a disappointed office-seeker in 1881, pushing
the stunned, horrified nation to reform the hiring and staffing processes.

Pendleton Act
President Chester Arthur (successor to Garfield) passed the Pendleton Act (The Civil Service
Act) in 1883, it served to make merit the basis for hiring in the federal work force.
Pendleton Act set up two categories of executive branch employment
classified—hiring based on merit and was measured by “practical” examinations given by the
Civil Service Commission
unclassified
Today, most, about 90%, of government employees in the executive branch are classified
employees.

Modern Civil Service

focuses on recruiting and keeping a highly skilled and qualified work force.
promotion and pay are based on evaluations from supervisors,
protected from disciplinary action or dismissal based on partisan reasons.

Office of Personnel Management

created in 1978—as the central personnel agency for the government—an independent agency
in the executive branch
headed by a single director the President appoints
in charge of applicants, examinations, scores
when there is an opening, the OMP sends the top three names from its register for that type of
position.

Merit Systems Protection Board

another independent agency,
enforces the merit principle in the federal bureaucracy,
a bipartisan agency,
hears appeals from those federal workers who have complaints about personnel actions
(demotions, firings, . . .)

Pay and Benefits

challenge to break the “glass ceiling” in the federal bureaucracy where women and minorities
have tended to be in the lower-level positions
pay and benefits are set by Congress as well as job conditions
US Postal Service is the exception

Political Activities of Federal Employees

OPM set restrictions on the political activities
Hatch Act 1939—allowed federal employees to vote in elections, but forbade them to take
place in partisan political activities
pros/cons?
Federal Employees Political Activities Act 1993—relaxed some of the earlier restrictions
they can vote, help register new voters, contribute money to candidates and parties,
participate in campaigns, hold political party office
they cannot run in partisan elections, engage in party work on government property or
while on the job, collect political contributions from subordinates or general public, use a
government position to influence an election