NOTES FROM NOVEMBER 25, 2008

*sorry these are so late I was out of town :)*
**I apologize for any misspelled words**

Most of the bureaucrats who work for the fed. govt are hired under the requirements of the civil service overseen since 1978 by:

• the office of personnel mng. which administers civil service laws, rules and regulations. The OPM administers written exams for the competitive service which includes about 2/3 of all appointed officials.
• the Merit Systems Protection Board protect the integrity of the federal merit system and the rights of federal employees. The board hears charges of wrongdoing and employee appeals against agency actions and orders disciplinary actions against agency executes or employees.
• The civil service was created to reduce patronage in the awarding of fed jobs. Jobs are filled on the basis of merit in accordance with the Pendleton Act and workers cannot be fired for political reasons.
• Most civil servants work outside of was as service need to be accessible to people across the country.

Presidents can appoint fewer than 1% of all executive branch employees though the ones they appoint fill the top policymaking positions:

• Presidents feel that they have insufficient control over the executive branch.
• On the surface it might seem that increasing the # of political appt would make the bureaucracy more responsive to the president. (Not always the case.)
• Pluralism can pull agencies in different directions.
• Bureaucratic policy does move in the direction set by the White House though the progress may not be attained quickly.
• Presidential appts to bureaucratic leadership positions may also broaden apportunity for advancement of traditionally under-represented groups. Clinton was particularly successful in making his administration resemble the broader population.

Administrative policy making: formal process

1. The latitude that Congress gives agencies to make the policy in the spirit of their legislative mandate is called administrative discretion.
2. Critics of bureaucracy freq. complain that agencies are "out of control" and a "power unto themselves" But these claims are often exaggerated.
3. when agencies do something that congress doesn't like it can rein them in with additional legislation.
4. Congress can also use the power of the purse or control over an agencies budget to express its preference.
5. Informal contacts between legislators and administrators lead to compromise and concensus in agency policy making.

The policymaking discretion that congress gives to agencies is usually exercised through role making. These administrative procedures result in the issurance of regulations. This is a source of agency's power.

Since they are authorized by Congressional statutes, regulations have the force of law.

When agencies issue regulations they are 1st published as proposals so that all interested parties have an opportunity to comment.

Reg. are controversial becuase they force people and businesses to act in certain prescribed ways, often against their own self interest.

Congress oversees the bureaucracy in a # of ways:

1. Duplication
2. Authorization and Appropriation
3. hearings
4. rewriting legislation to make it more detailed

Agencies are also checked by the Pres. through:

1. appointments
2. executive orders
3. budget building
4. reorganization

3rd Period: November 25th, 2008

BUREAUCRACIES

• Most bureaucrats are hired un der requirements of civil service oberseen since 1978 by:
• A.) Office of Personnel Management which administers civil service laws, rules, and regulations. Th OPM administers written exams for computer service which includes 2/3 of all appointed officials. OPM is in charge of hiring for most federal agencies
• B.) The merit systems protection board protect the integrity of the federal merit system and rights of federal employees. The board hears charges of wrong doing and employee appeals against agency action and orders disciplinary actions against agency executives or employees
• The civil service was created to reduce patronage in awarding of federal jobs. Jobs are filled on basis of merit in accordance with the PENDLETON ACT, and workers cannot be fired for political reasons
• Most civil service work outside of DC as services need to be accessible to people across that country
• The president can appoint fewer than 1% of all executive branch employees, though the ones they appoint fill top policy making positions
• Presidents feel that they have in sufficient control over the executive branch and would like to fill larger numbers of positions in government
• On the surface, it seems that increasing the number of political appointments would make bureaucracy more responsive to the president. This is not the case
• Pluralism can pull agencies in different directions.
• Bureaucratic policy does move in the direction of the white house, though progress may not be attained quickly
• Presidential appointments to bureaucratic leadership positions may also broaden opportunities for advancement of traditionally under represented groups. President Clinton showed this by appointing more women, blacks, Hispanics, than did his predecessors

ADMINISTRATIVE POLICY MAKING: FORMAL PROCESS

• The latitude that congress gives agencies to make policy in the spirit of their legislative mandate is called administrative discretion
• Critics of bureaucracy frequently complain that agencies are granted too much discretion
• Some critics say that agencies are "out of control" and a 'power unto themselves" but these are often exaggerated
• When agencies do something that Congress does not like it can reign them in iwht additional legislation
• Congress can also use its "power of the purse" or control over an agency's budget to express its preferences
• Moreover informal contacts between legislation and administration lead to compromise on consensus in agency policy making
• The policy making discretion that congress gives to agencies is usually exercised through rule making. These administrative procedures result in the issue of regulations. This is a source of an agency's power
• Since they are authorized by congressional statutes regulations have force of law
• When agencies issue regulations, they are first published as proposals so that all interested parties have an opportunity to comment on them
• Regulations are controversial because they force people and businesses to act in certain ways often against own self interest
• While Congress often gives agencies administrative discretion in how to implement laws, it also serves as a check on the activities of the bureaucracy. Long oversees bureaucracy in a number of ways
• Duplication- giving responsibilities for a job to no more than one agency
• Authorization and appropriation- no agency may spend money unless it has first been authorized by congress and then appropriated by congress (set aside for particular use)
• Hearings
• Rewriting legislation to make it more detailed
• Agencies are also checked by president through: appointments, executive orders, budget building, and reorganization
  

chapter 13

nov.24.2008
Chapter 13
Bureaucracies are a large complex organizing in which employs have a specific job responsibilities
a. government bureaucracies consists of the departments thier in
b. employees of these units are know as bureaucrats
c. manner in which a bureaucracy therefor centers around finding solutions to the many different kinds of departments.
In recent years witnesses have a movement towards reducing the size of the bureaucracy
A difficult to do b/c different segments of the population work hard to protect the programs that serve them
B recent years national government seems to have reduced the number of bureaucrats employs with our reducing government programs this has been accomplishment by contracting these factions out to private employers who then pay their employees to do the same job.
C efforts at budget cutting reflect the tension
Bureaus and Bureaucrats
15 executive department largest unit of the executive branch
-A presidents policy goals often have conflict w/ the institutional goal of an individual cabinet level agency
-Cabinet members often do not have a dominate influence on precedential decision making
-Regulatory are not a part of the cabinet. The regulatory agencies are governed by small commission 5 to 10 members appointed by the president and confirmed by the senit and can not be removed by president.
-government corporation perform services that theoretically could be handled by the private sectors.
-independent executive agencies resemble cabinet department but are smaller and complex
most bureaueate that work for the federal governement.

11/24/08 Period 4

Chapter 13
Development of a bureaucratic state
1) Bureaucracy- large, complex organizations in which employees have very specific job responsibilities, work within hierarchy of authority, and follow extensive formal rules.
A) Consists of departments, agencies, bureaus, offices and other unites that administer nation's laws an policies.
B) Employees known as bureaucrats.
C) Manner in which organized is how well they are able to accomplish tasks.
D) Purpose of studying bureaucracy centers around finding solutions to many kinds of problems face by large government organizations
2) Government grew a lot during 20th century
A) Science and technology: advances in science and technology lead to new jobs (NASA formed)
B) Business regulation: free market economy leads to more regulation needed, jobs formed
C) Social welfare: government provides income security and social services, jobs formed
D) Ambitions administrators: top agency officials look for new ways to help clients leading to new programs needing more staff
3) Movement toward reducing size of bureaucracy
A) Difficult as people protect programs that serve them (advocates)
B) National government reduces number of bureaucrats employed without reducing government programs
1) Contracting programs out to private employers
C) Efforts at budget cutting reflect the tension between majoritarian and pluralism
1) Broader public wants to reduce the size of government but those who benefit from specific government programs organize into interest groups and mobilize their resources to protect programs and agencies they value
Bureaus and Bureaucrats:
1) By Examining basic types of government organizations we can better understand how executive branch works
A) 15 Executive (Cabinet) Departments
1) Largest units of executive branch
2) Headed by secretaries (defense, health, human services)
- Because President's policy goals conflict with institutional goals of individual cabinet-level agency
- Cabinet members do not have a dominant influence on Presidential decision-making
- Presidents rely on White House staff
B) Independent regulatory services are not part of cabinet department
1) Structured as regulatory commissions (FCC, ICC, SEC) and formed to guard against unfair business practices
2) Governed by small commissions (5-10 members appointed by President and confirmed by Senate, cannot be removed by President)
C) Government corporations perform services that theoretically could be handled by private sector (USPS, Corporation for Public Broadcasting, Amtrak) but Congress believes public is better served if corporations have some link to federal government
D) Independent executive agencies resemble cabinet departments but are smaller and less complex
1) Narrower areas of responsibilities
2) Most subject to Presidential control
3) Independent in sense that they are not part of a department

Notes: 11/18/08

Impeachment: The Constitution provides a way to remove a president before his term is over. The House may, by majority vote, impeach the president for “Treason, bribery, or other high crimes and misdemeanors. “Since the House impeached the president, the case goes to the Senate, which tries the president and with the Chief Justice of the Supreme Court presiding. By a two-thirds vote, the Senate may convict and remove the president from office.

The Executive Branch established:
1) One of the most important of the president’s resources in office is his White House staff (White House Office).
A. Each president has some key order, including his Chief of Staff and his National Security Advisor [also Press Secretary, Doctor, and Personal Lawyer]. Although an important player, the Chief of Staff’s appointment does not require Senate approval.
B. The extended White House staff constitutes the Executive Office of the president. This includes the Office of Management and Budget (OMB), the Counsel of Economic Advisors, and other specialized staff. Some have used “pyramid” model in which most assistants report in a hierarchy to a Chief of Staff. Others have used the “circular” model with many cabinet secretaries and assistants reporting directly to the president.
C. The “right way” for a president to organized his staff. Each president creates the structure that he thinks will work best for him, though sometimes finding the right balanced takes trial and error.

2) The Executive Office of the president consists of agencies that report directly to the president and perform staff services for him. The president appoints the top positions but, unlike the White House staff, Executive Office appointees must be confirmed by the Senate. Examples: National Security Council, OMB, and the National Economic Council.

3) Vice Presidents have traditionally been “standby equipment.” They are usually chosen to give balance and appeal to the national ticket. They are usually used in major advisory capacity. However, Al Gore was given a more public role than usual, and Dick Cheney was major force behind President Bush, particularly in shaping the response to 9/11. The 25th Amendment also establishes that the office of vice president is vacated. The president nominates a new vice president when assumes office which both houses of Congress approves the nomination by a majority vote. A vice president who serves the presidency would then nominate a new vice president to Congress.

4) The Cabinet is composed of the heads of the major departments in the Executive Branch and a number of other key officials, such as the Director of the OMB.
A. The cabinet is not used as a collective decision-making body. Cabinet meeting may not be particularly important to the president, though he may value the advise of individuals members of the Cabinet.
B. Presidents do not always know Cabinet secretaries very well. Cabinet secretaries may also be too concerned with the wishes of their clientele groups.
C. With the growth of the White House staff and the Executive Office of the president, there is a little need to rely on the Cabinet as an addressing body.

The president as a national leader:
1) Presidents carry into office a broad political vision that reflects their ideology and priorities.

11/14/08 pd 4

We watched another video of Democracy in America.
Legislation process- disagreements on the importance of problems
The Democratic process -difficulty in interpreting and enforcing bills
Soft money-Teddy Roosevelt was talked about and his policy on outlawing money on government and the McCain-Feingold act
it was an interesting video.

11-19

The president as a national leader
1) Presidents carry into office a broad political vision that reflects their ideology and priorities
A) Lyndon Johnson for example saw government as a true force for promoting justice equality. Once in office, he tried to give life to that philosophy with great society programs
B) Ronald Reagan came into office seeing government as part of the problem rather than solution. He tried to promote freedom by pursuing policy that would reduce the role of government in American life.
2) The presidents central role in our political system guarantees that he can always command attention for his agenda through congress. However, this doesn't guarantee success in Congress.
3) Thus the president is the “chief lobbyist” as well as an agenda settler. Presidents spend considerable time working to get legislation passed in the form they want it in
A) He might:
I) use the media to draw attention to his legislative program
II) Remind his legislators of his high public approval
III) Make use of a partisan majority if his party controls the congress
IV) The president has a legislative liaison staff to help him with lobbying legislators
B) The white house will also work directly with interest groups to try to get them to activate members and to get their Washington DC representative to lobby congress directly
4) Part of the president’s job is to lead his party
A) Because parties are relatively weak in the US this is an informal duty (not specified in the constitution) with no prescribed tasks
B) the president has become “fundraiser in chief” for his party, largely because it is in his best interest to have more members of his party in congress
The president as a world leader
1) For nearly forty years the president’s priorities as world leader was to contain communism
2) American presidents are now entering a new era in which there is more emphasis n managing economic relations with the rest of the world
A) Trade relations are particularly important yet incredibly complex
B) The case of designing china as normal trading partner reveals the difficulty president face in balancing specific domestic interests the national interest as a whole and, international interests
3) Periodically the president faces a grave situation in which conflict is imminent or a small conflict threatens to explode into a larger war
A) How a president handles such crisis can be critical to the success of the presidency. He must exercise good judgment
B) It is different to go beyond rather general advice in trying to design an ideal procedure for handling crisis. Almost by definition each crisis is a unique event
Presidential character
1) A president’s actions in office reflects something more than his political views. They also reflect the inner forces that give rise to his basic character.
2) Personality characteristics clearly have an important effect on the president success or failure in office. However, character is only one of a hundred of factors that go into making a successful president.

Notes- 11/19 (4th Period)

The President as a National Leader

1. Presidents carry into office a broad political vision that reflects their ideology & priorities

• a. Lyndon Johnson saw gov't as a positive force for promoting justice & equality
• b. Reagan wanted to reduce size of gov't

2. Presidents central role in political system gurantees attention for his agenda. However, this doesn't guarantee success in Congress.

3. Thusly, the president is the Chief Lobbyist; he spends considerable time working to get legislation passed

• a. he might:
• 1. use media to draw attention to programs/legislation
• 2. remind legislators of his high public approval rating
• 3. make use of partisan majority, IF his party controls Congress
• 4. have a legislative liaison staff to help him in lobbying legislators
• ---b. White House will work directly with interest groups to try to get them to activate members and to get their Washington DC representative to lobby Congress directly

4. Part of the presidents job is to lead his party

• a. because parties are relatively weak in the US, it is an informal duty
• b. often acts as "fundraiser-in-chief" for his party and whichever candidates they are running for election that year

The President as World Leader

1. American presidents are now entering a new era in which there is more emphasis on managing economic relations with the rest of the world

• a. trade relations important, but complex

2. Periodically, a president faces grave situations in which conflict is iminent

• a. how he handles these crises can be critical to the success of his presidency

Presidential Character

1. A president's actions in office reflect something more than his political views. They also reflect the inner forces that give rise to his basic character

November 19th notes

• The cabinet is composed of the heads of the major departments of the executive branch. It's not used as a collective decision-making body, and the presidents don't know the cabinet secretaries well.
• Presidents carry into office a broad political vision that reflects their ideology and priorities. Ex) Lyndon Johnson's "Great Society" or Reagan's negative view on government.
• The president is the "chief lobbyist" on his agenda issues; he gets them noticed by: using media, persuading legislators, and using his legislative liaison staff.
• Part of the president's job is to lead his party; he's "fundraiser in chief" for his party
• American presidents are now entering a new era in which there's more emphasis on managing economic regulations with the rest of the world. Trade regulations are particularly important.
• How a president handles crises can be critical to the success of his presidency.
• Presidents' actions in office reflect his personality characteristics which have an important effect on his success/failure.
  

Nov 20th 2008 Fourth Period

• Impeachment
  
  • The constitution provides a way to remove a president before a term is over.
  • The House of Representatives may by majority vote impeach the president for "Treason, Bribery, or other high crimes and misdemeanors" Once the House impeaches the president the case goes tot he president with the Chief justice of the Supreme Court president by a 2/3 bote the senate may convict and remove the president from office
• The executive branch establishment
  
  • 1) One of the most important of the president's resources in office is his White House Staff (White House Office)
    
    • A) Each President has some key aides including this chief of staff and is national security advisor. Although an important player. The chief of staff's appointment does not require Senate approval
    • B) The extended White House stafff constitutes te Executive Office the President Includes the Office of Management and Budget (OBM), the council of Ecomonic Advisers, and other specialized staff
    • C) There is no "right way" for a president to organize his staff each president creates the structure that he thinks will work best for him, though sometimes finding the right balanc takes a bit of trial and error
      
      • 1. Some have use the "pyramid" model in which most assistants report though a hiarch of a chief of staff
      • 2.Other have used the "circular model with many cabinent secrateyr and assistants reporting directly to the President
  • 2) The Executive Office of the President consists of agencies that report direcly to the president and perform staff services for him. The president appoints the top position but unlike the White House Staff Executive Office Appointees must be confirmed b the senate examples Include
    
    • A) National Security Council
    • B) The OMB
    • C) The National Economic Council
  • 3) Vice Presdients have traditionally benn "standby" equipment they are usually chosen to give balnace and appeal to the national ticket. They are not usually in major advisory coapacity.
    
    • A) 25th Admendmetn also established that when the office of vice presdient is vacted. The president naminate a new vice president who assumes office when both houses of Congress approve the nomination by majority vote. A Vice President who assumes the presidency would then nominate a new Vice President to Congress for Confimination
  • 4) The cabinent is composed of the heads of th emajor departments in the executive branch and small number of other key officials such as the director of the OMB
    
    • A) Cabinet is nto used as a collective decision making body cabinent meeting may not even be particularly more impartant to the president though may value the advice of individul members of the cabinent
    • B) Presdients do not always know cabinent secrateris may also be too concerned with teh wishes of their clientele groups
    • C) With the growth of the White House Staff and the Executive Office of the President there is little neeed to rely ont eh cabinet as an Advisory board

7th Period
10-17-08

Chapter 12

Constitutional bias of presidential power
-delegates to constitutional convention were wary of unchecked power
-delegates had to balance the need to check the power of the presidency with the need to make powerful enough to provide effective leadership.
-In the end they created an office that gave president the constitutional (article II section one) power to
A) act as administrative head of the nation
B)serve as commander in chief of armed forces
C) convene congress
D) veto legislation ( but congress can override a veto)
E) appoint top officials, though some are subject to the advice and consent of the senate. This includes commissioning officers in the armed forces.
F) make treaties (again with a two thirds approval of the Senate)
G) grant pardons for federal offences only
H) report to congress on the state of the union
I) recieve foreign ambassadors (grant diplomatic recognitions)
The expansion of presidential power:
1)power of the modern presidency comes not only from the explicit powers listed in the constitution but also from the expansion of authority under claims of inherent power.
A) presidents have claimed the power to do certain things and have left it up to congress of the courts to stop them.
B) presidents make use of executive orders. An executive order is a rule or regulation issued by the president that ahs the effect of law. Usually issued to help clarify or implement legislation passed by congress.
2)Congress has also delegated power from the executive branch
-presidents don't have power to impound (simply refuse to spend money) appropriated by Congress. 1974 Budget reform and impoundment act had to spend money given by Congress.
-presidents have asked for the line-item veto (the power to veto only a portion of a bill rather than the entire bill) Congress passed a line item veto during the clinton administration but the supreme court ruled that it was unconstitutional violation of the separation of powers. Most state governments have this power.
-presidents have traditionally claimed the privlege of confidentiality executive privelege on the grounds of the separation of powers. Keeps one branch from inquiring into the internal workings of another branch and because presidents and advisors need the assurance of private discussions to be candid with one another without fear of immediate press and public reaction. Congress didn't question this seriously until 1973 and watergate. In u.s. vs. nixon the supreme court held that there is no absolute unqualified presidential privlege of immunity from judicial process. In 1982 the court decided in nixon vs fitzgerald that presidents can't be sued for damages related to the official decisions made while in office.
3)presidential power is determined in party by the plolitical skills of the independent president
A) In richard neustadts words "presidential power is the power to persuade."
B)presidents must thus choose their issues carefully. THey must calculate when they need to intervene and play their cards and when they need to hold back.
C) though presidents must use their persuasive skills they also have considerable power to simply order actions or policy changes in many areas.
4)presidents are in better position to bargain when their public popularity is high
A)over time pop. usually declines
B)presidents pop. can be strongly affected by economic conditions unanticipated events or crises (such as the Iranian hostage crisis) or American involvement in a war.
C)leading by public opinion polling reflects a presidents desire to be responsive but high public opinion rating don't guarentee bipartisan support in congress or the support of broad interest group coalitions.
The electoral process
1) to win an election a presidential candidate must put together a winning coalition with a minimum of 270 electoral votes.
A) he fashions his appeals to different groups of voters across the country.
B) candidates may prefer to be vague on some controversial issues
2)candidates who win the presidency claim they have been given a mandate by the voters but such mandates tend to be more rhetoric than reality.
3)president's job is complicated when he is elected by less than a majority.
4)even a landslide at the polls of a pop. vote doesn;'t guarentee consistent public support during a president's term because the presidential election is independent of elections of congress often leads to divided government.
A) divided gov. is the situation that occurs when one party controls congress and the other party is president
B) polls show the public often finds divided gov. desirable
5)favorable public opinion can help a president build consensus in the indepent legislative branch
6)president disability the 25th amd. permits the vp to become an acting pres if the vp and the cabinent determine that the pres is disabled. If the Pres. challenges the executive decision congress decides the issue.

11/17 Period 4 Notes

Today in class we took notes on Chapter 12.

Presidential powers:
administrative head of nature
commander and chief of army
convene congress
veto legislation (congress can override)
appoint top officials
make treaties
grant pardons
report to congress on state of union
receive foreign ambassadors

Expansion of Power:
presidents have claimed authority to do certain things and left it up to congress of the courts to stop them
an executive order is a rule of regulation to help clarify or implement legislation passed by congress
congress has also delegated power to the executive branch
impound- refuse to spend money
line item veto- power to veto only a portion of a bill rather than the entire bill
executive power is determined in part of political skills but also persuasion of the individual president
presidents are in a better position to bargain when their popularity is high

Electoral connection
to win an election, a presidential candidate needs to secure a minimum of 270 electoral votes
candidates are sometimes vague on controversial issues until their spot in office is secure
some candidates claim they have a mandate when they take office- mandates tend to be more rhetoric than reality
divided government- congress controlled by one party, presidency controlled by the other
favorable public opinion can help a president build consensus in the independent legislative branch
25th amendment- presidential disability- vice president temporarily fills in

Class Notes from 11/10

• recent supreme court cases ruled that racial gerrymandering is a violation of the voting rights act.
• examples of these cases include Shaw v. Reno (1993), Miller v. Johnson (1995), and Bush v. Vera (1996).

• some issues arrive on the congressional agdenda as a result of events like disasters or new technologies
• some issues arrive by presidential support
• congressional party leaders also have the ability to push issues into the adgenda

• bills introduced are sent to committee, then usually a sub committee. a bill must be passed by sub committee, then it rises to the entire committee for approval. then it is voted on by the entire house for debate.
• if passed by both house and senate, it must be passed with the exact same language to be sent to the president for approval.
• if diff lang, officials must meet in a presidential conference committee to synchronize language.
• is a president vetos a bill, congress can override his/her veto by a 2/3 majority vote in each house.
• a "pocket veto" occurs when congress adjourns within ten days of sending a bill to the white house and the president doesn't sign it.

• congress forms committees to develope expertise and utilize it in certain areas. there are different types of committees:
• "standing committees" the most important, these are permanent committees specialized in a certain area. senate has 16, house has 19
• "select committees" temporary, created for a specific purpose like an investigation.
• "joint committees" made up of members of both house and senate. similar to purpose of select committees
• "conference committees" formed to work out differences between house and senate forms of legislation on same subj.
• influence on committees grows formally with seniority and informally with expertise
• in ea. committee, the senior member of the majority party usually becomes the committee chair (always from majority party because they're chosen by the speaker of the house/senate majority leader; usually senior member but not always).
• much of public policy decision making takes place in committees and subcomittees.

• in drafting legislation:
• 1) collect infor on issue. committee staffers do initial research.
• 2) committees hold hearings to gather additional info. most bills are igeonholed, never make it out of committee
• 3) committees/subcommittees meet to decide on provisions of those bills. rewritten, returned to committee to maybe be altered. this is called a "markup session"
• 4) committee/subcomm. chair influences how a committee handles its work.

• following through on legislation is called "oversight"
• "congressional review" is a procedure through which congress can nullify an executive branch regulation by a resolution jointly passed in both houses within 60 days of executive declaration.
• congress responds to difficulty of holding executive branch responsible through resources like the congressional budget office and office of technology assessment
• "legislative veto" is a process by which one/both houses of congress can disallow an act of presidential agency by a simple majority vote. ****This was declared unconstitutional by the supreme court in 1983 because it violated the constitutions idea of seperation of powers

11/14/08 video

We watched another video of Democracy in America.

In this version it discussed the Legislation process- it talked about disagreements on the importance of problems! The Democratic process and the difficulty in interpreting and enforcing bills!

Teddy Roosevelt was talked about and his policy on outlawing money on government by what is essentially known as soft money. The McCain-Feingold act was also mentioned.

Constituents vs Conscience
Budgets and concerns of health care and insurance. Oregon's assisted suicide law the Death with Dignity Act was mentioned alot. Working through conflicts and laws is important.

As well, they put forward a democratic representative form of government. Ms. Poussaint, compared legislation with sausages, they hardly appeal to everyone.

11/13/08 Pd. 7

November 13, 2008
Period 7
* Well, today all we did was Mr. G took questions right before the quiz. Then, we took the quiz on ch. 9-11. He graded the quizes and at the end of the period we got to see what our scores were.

Notes 11/12

7th Period Notes:)

Legislative Veto- procedure by which one/both houses of Congress can disallow an at of the president or executive agency by a simple majority vote. It is declared unconstitutional by Supreme Court (1983) because it violated constitutional seperation of powers. Leg. veto is usually language written into law giving Congress the power to review/approve and executive branch action. (War Powers Act)

Leaders and Followers in Congress
-Hierarchy in the branches
A. The House--leader is selected from majority party (Speaker of the House). Their assistant is the Majority leader, who is responsible for tracking how members of the party vot on bills. Their counterpart in the opposing party is the minority leader.
-both have party whips, who serve as go-betweens for the members and the leaders
B. Constitutionally, the Vice President is the leader of the Senate, though in practice hes rarely there. The president pro tempore presides in absence of the VP but this position is merely honorary and usually given to a senior member. The real leader of the majority party is the Majrity leader, while the minority leader holds a parallel position to the minority party.
C. Party leaders are coalition builders, not autocrats
Operations in the House and Senate are structured by formal and informal norms
A. House relies on Rules Committee to govern floor debate. A closed rule sets strict time limits on debates and forbids amendments from the floor, except those from the presenting committee. An oopen rule permits amendments and often has less strict time limits, allowing for input from other members. In most cases, debate on a bill is limited to one hour.
B. Senate uses unanimous-consent agreements to govern the floor debate but debate is much elss formal than the House. Senators can speak as long as they want.
-Senators can filibuster to try and stop legislation they don't like.
-Filibustering can be stoopped by cloture vote by which 60 senators (a means of limiting debate) vote to limit debate.
C. Rules are not neutral; tool to majority party uses to help it control the legislative process
Unwritten norms keep operations smooth
A. Senators are supposed to show (public) respect for one another
B. They are also expected to be willing bargainers
Legislative Environment
A. Influences on legislation vote:
-Political parties
-President
-Constituents
-Interest Groups
-logrolling
Dillema or Representation
-All members of Congress live in 2 worlds: DC and home state. In D.C. they spend time dealing with great issues of national concerns; they also have offices and issues to deal with back at home.
The debate over whether legislators should vote according to conscience or constituency preference has never been resolved
A. View that legislation must be free to vote according to their sconscience sees legislators in the role of trustees
B. a legislator who feels duty-bound to represent majority view of voters who put them into office

Most members of Congress are more highly educated than the typical American. There are few minority or women members.
1. There are 2 schools of thought on this.
a. legislators should resemble demographics of constituents. Legislation as a whole will resemble the demographic characteristics of the population
b. ethnicity/gender of representatives doesn’t matter, voters should be colorblind and simply elect the best candidate regardless of ethnicity or gender
2. Racial gerrymandering promotes election of ethnic candidates. Used to make Congress more representatively descriptive. Supreme Court decisions have declared it a violation of Voting Rights Act.
a. Shane v. Reno (1993)
b. Miller v. Johnson (1995)
c. Bush v. Vera (1996)

How issues get on Congress’s agenda
1. Event (disaster) or technology (stem cell research) draws attention to a problem.
2. Presidential support can also move an issue quickly.
3. Congressional party leaders and committee chairs have best chance of influencing agenda.

Dance of Legislation
1. After introduction, bills go to a committee and then to a subcommittee. It then goes to full members of both houses and there is a vote.
a. Bills passed by the House and senate must go to a conference committee, where differences between the versions will be sorted out.
b. If both versions are passed the bill goes to the president.
2. President may sign or veto the bill
a. If the president vetoes the bill Congress can override it with a 2/3 majority vote in each house.
b. Pocket veto- When Congress adjourns within 10 days of sending the bill to the president and the president doesn’t sign it.

Committees- Workhorses of Congress
1. Congress has committees for the same reason any large organization is divided into specialized groups to develop and use expertise in specific areas.
2. Different types of committees
a. Standing committees- Most important. Permanent, specialize in specific area of public policy.
b. Select committees- Temporary. Used in investigations
c. Joint committees- Made up of both houses. Similar to select committees.
d. Conference committees- work out differences between House and Senate versions of legislation on the same subject.
3. Influence on committees grows formally with seniority and informally with increased expertise. Getting on the right committee is very important to most members of Congress. Most want to serve on committees that are important to their constituents. Our Congressman/woman works hard to get assigned to the Armed Services Committee because our district has Quantico, AP Hill, and Tidewater.
4. Senior member of majority party usually becomes the committee chair.
5. Public policy decision-making takes place in committees and sub-committees.
a. collect information on issue
b. hold hearing to gather more information. Most bills are pigeonholed and never make it out of committee.
c. mark-up session and returned to full committee where it can be further altered.
d. chair strongly influences the way work is handled.
6. Oversight- following through
a. Process of reviewing agency operations to determine whether an agency is carrying out policies as Congress intended
b. Congressional review.
c. Oversight difficult now. (Result of previous presidents)
d. Congressional Budget Office, Office of Technological Assessment
e. Legislative veto- procedure one or both houses can disallow an act of the president by a majority vote. It was declared unconstitutional in 1983 because it violated separation of powers.

Notes from 11/10/08 3rd period

2 schools of thought regarding the importance of the lack of female and minority representation
1. suggests that female and minority representation is important and that legislations should resemble the demographics of their consitutents. this means the legislature as a whole will resemble the demographic characteristics of the population it represents.
2. another view says that the ehtnicity or gender of representatives doesnt matter, voters should remain totally colorblind and elect the best representatives.

Supreme court cases against voting rights act
Shaw v. Reno (1993)
Miller v. Johnson (1995)
Bush v. Vera (1996)

How do issues get on congressional agenda?
1. some issues because an event or new technology development draws our attention to a problem
2. presidential support
3. congressional party leaders and committee chairs have the best opportunity to influence the agenda.

Legislation
1. After being introduced, bills go to committee and then usually to a subcommittee. After passed by a committee it goes to the full membership for debate, possible amendment and a vote.
A: bills passed by the House & Senate must go to a conference committee, where differences btw 2 versions are resolved.
B: if both the house and senate pass te conference committees compromise version the bill goes to the president.
2. the President may sign or veto a bill that Congress has passed.
A: if the presidnet vetoes a bill Congress can override that veto by a 2/3 majority in each house
B: a pocket veto takes place when Congress adjourns within 10 days of the time it sent the bill to the white house and the president doesnt sign it.

Committees: Workhouses of Congress
Congress has committees for the same reason that any large organization is subdivided into specialized groups or divisions: to develop and use expertise in specific areas.

Standing Committees: most important permament committees that specialize in a particular area of public policy and shape policy at a critical point. Senate 16 House 19
Select: Temporary and are created for a specific purpose such as an investigation
Joint: made up of members of the House and Senate, they are similar in purpose to select committees for the most part.
Conference: work out differences btw House And Senate versions of legislation on the same subject (temp.)

-influence on the committees grows formally with senority and increased (informally) w/ expertise.
-most want to be on a committee that are important to constituents.
-w/in each committee the senior member of the majority party usually because the committee chair.

Public policy decision making takes place in committess/subcommittees
A) the first step in drafting legislation is to collect information on the issue; committee staffers do the initial research on the problem
B) committees hold hearings to gather more information. hearings are often an opportunity to attract attention to a particular problem. most bills are pigeonholed and never make it out of a committee.
C) committee/subcommittee members meet to decide on the provisions of those bills that do make it through a subcommittee are changed or rewritten at the markup session and returned to the full committee where it may be altered further.
D) the committee/subcommittee chair strongly influences the way a committees handles its work. some are better than others at leading the bargaining and negotiating that charaterize the legislative processssss.

:)

Notes for 11-7-08

Electing Congress
1) Incumbents have very high rate of returning to congress
A) In the majority of elections since 1950, over 90% of all House incumbents have won relection
B) Paradoxically, public seems not to hold public in high esteem
C) Though voters tend to disdain congress as an institution, they are generally satisfied with their own senators and reps.
2) Meanwhile, incumbents remain protected by district lines that are gerrymandered to protect incumbents or the dominant party.
3) There are also other advantages
A) Have name recognition
B) Have Franking privilege or free posting
C) Have a history of providing assistance to constituents (casework)
D) Recieve substantial financial support from PACs
4) The opposing party and sympathetic PACs may target vulnerable incumbents, thus giving the challenger a better chance to succeed. Successful challengers tend to have previously held elective office and are capable of raising adequate campaign funds. Challengers tend to be most successful when incumbents appear vulnerable-- when they were elected by a narrow margin, or because of such factors as age, lack of seniority, involvement in scandal, or unfavorable redistricting.
5) Members of congress aren't representative of the US population in term of demographics. They tend to be much more highly educated than the typical American, and there are relatively few miniorities and women

Thursday: November 6, 2008 Notes

[Ending Chapter 10]
The Revolving Door-interest groups criticized
Government officials both in congress and executive agencies quite their jobs to take on positions as lobbyists
may give private interests unfair influence over gov. decision

Reform of Interest Group System
1. difficult to put limits on interest groups without limiting freedoms
2. PAC contributions can be problamatic:
A. PAC donations give donors better access to members of Congress
B. Congress has required disclosure of all campaign contributions so sources can be idenified
3. 1995-congress passed a law requiring lobbyists to register and file semi-annnual reports, disclosing their clients
A. critics charge that PAC'S reinforce ,if not expand, the inequalities between rich and poor
B. PAC supporters counter that people should have right to join with others who think as they do

Chapter 11
2 separate and powerful chambers: bicameral nature has orgins of neogotaiations (Great Compromise)
Representation in House based on population-2 year terms- after new census there is new reapportionment of House seats and can be changed/revised-435 seats
Reapportionment: pop/# of H.seats= # of citizens per state
then take pop. of state/# of citizen per state= reapportionment

1964 Wesberry V. Sanders- Supreme court says districts be drawn so 1 vote would be as equal as possible to another ("one man, one vote" decision)

****State legislatures redraw the congressional district boundaries for their state

1. State legislatures redraw boundaries to make it easier to get candidates elected is gerrymandering
2. Racial gerrymandering-after 1990 census Justice Dept. ordered N.C to redraw their proposed boundaries in order to allow for the election of one more black rep.
South Carolina Case: Shaw v. Reno- plantiffs charged the justice dept with reverse discrimination based on equal protection clause of 14th amendment. Court allowed the district lines to be redrawn by Justice dept.
-Other case: Easley v. Cromartie: 2001, race could be factor in redistricting but not only deciding factor
-2 senators per state- 6 yrs terms
2. Powers of congress defined in article I section 8 plus "elastic clause" or necessary proper clause

3. Constitution gives house and sentate similar legisative tasks even though each have powers of their own.
A. House- impeachment. Senate- acts like a court to try impeachment
B. Senate approves major President Appointment
C. Senate has sole power to affirm/ratify treaties
D. revenue bill starts n the House Ways and Mean Commitee

notes for thrusdayy =D nov. 6th

-The Revolving Door-interest groups often criticized for a type of interaction with govt known as this

• Through this practice govt officials both in congress and executive agencies quite their jobs to take on positions as lobbyists
• may give private interests unfair influence over govt

Reform of Interest Group System

1. IT is difficult to put limits on interest groups without limiting freedoms

2. PAC contributions are problamatic: A. Agreement is widespread that PAC donations give donors better access to members of Congress B. Congress has required disclosure of all campaign contributions so sources are idenified

3. 1995-congress passed law requiring lobbyists to register reports, disclosing clients

A. critics charge PAC'S reinforce if not expand the gap b/t rich and poor

B. PAC supporters counter that people should have right to join with others who think as they do

4. reformers have called for reducing rates of PAC's

Chapter 11

• 2 separate and powerful chambers: bicameral nature has orgins of neogotaiations (Great Compromise)
• Representation in House based on population
• reps. elected two year terms: alter census every ten years
• There is reproportionment- of house seats where number of reps assigned to seats are revised
• State legislatures redraw the congressional district boundaries for their state

1. State legislatures redraw boundaries to make it easier to get candidates elected: gerrymandering

2. Racial gerrymandering-after 1990 census Justice Dept. ordered N.C to redraw their proposed boundaries in order to allow for the election of one more black rep.

-->South Carolina Case: Shaw v. Reno- plantiffs charged the justice dept with reverse discrimination based on 14th amendment

--court ruled that allowed the district lines to be redrawn by Justice dept.

-more cases: Easley v. Cromartie: 2001, race could be factor in redistricting but not only deciding factor

-2 senators: 6 yrs terms

3. Powers defined in article I in constitution. 14 specific powers

Notes- 11/6/08

These are the notes for Thursday, November 6th
-----------------------------------------------------------------



Revolving door- interest groups often criticized for a type of interaction with government

known as a "Revolving Door." Through this practice, government officials

--both in Congress and executive agencies-- quit jobs to take postitons as

lobbyists or business consultants. May give an unfair influence to private

interests.



--------------------------------
Reforming Interest Groups
--------------------------------



1. Difficult to put limits on interest groups w/o limiting fundemental freedoms



2. PAC contributions are particularly problematic

A. Agreement is widespread that PAC donations give donors better access to members of
Congress.

B. Congress has required disclosure of all campaign contributions so that the donor can be
identified.

1995, Congress passed law requiring lobbyists to register and to file semi-annual reports disclosing who clients are, $ spent on lobbying, and $ paid to do lobbying.

A. Critics charge that PACs reinforce, if not expand, the inequalities, b/w rich and poor

-----------------------------------------
ORIGINS/POWERS OF CONGRESS
-----------------------------------------

1. Our Congress has 2 separate and powerul chambers

A. Bicameral legislature, origins in the Great Compromise

B. Representatives in House based on population. Elected for 2-year term. A census is taken
every 10 years to change the # of seats (Reapportionment- ask Mr. G for clarification)

State legislature draws boundaries following this

1. States drew districts of unequal popuations size. In 1964, the Supreme Court steps
in Wesberry Vs. Sanders, Supreme Court rules Congressional districts must be drawn
so that one person's vote equals any other vote. ("One Man, One Vote")

2. State legislature redraws boundaries to make it easier for one party to win an election
this is called Gerrymandering (aka Shenanigans as quoted by Mr. G)

3. Racial gerrymandering became an issue after the 1990 census. The Justice
Department ordered North Carolina to redraw proposed boundaries in order to allow
for the election of one more black representative. This goes to the Supreme Court,
in Shaw vs. Reno, plaintiffs charge the J.D. with reverse discrimination based on
unequal protection clause of Amend. 14, orders them to be redrawn according to J.D.
standards.

C. Each state has 2 Senators, which serve for 6 years. (They have no limit for re-elections like
Reps in the H of R "The Incumbency Effect")

1. Powers of Congress defined in Article I Section 8 of the Constitution and consists of 14
specific powers (enumerated powers) plus the elastic of necessary and proper clause.
-Could include power to declare war, regulate taxes, or regulate commerce.
-Necessary and Proper must tie into an enumerated power

2. Constitution gives House and Senate essential the same legislative tasks, though each has
its own powers as well:

A. Only the House has power of impeachment. Senate is a court of the
impeachment charges

B. Senate must approve major presidental appointments

C. Senate has sole power to affirm/ratify treatise

D. Revenue bill must start in the House "Ways and Means Committee" which
deals with laws on taxes.

Novemeber 5, 2008

Today was field trip day!
We went to the Newseum up in D.C. and learned about the press and its role in shaping not only the United States but the entire world.

First off, everyone went to the 4-D theatre where we watched a movie about the history of American press. The movie started off with a colonial journalist who smuggled his printing press away from the British so that they couldn’t silence his voice. The movie showed its first cool 3-D trick when a Revolutionary soldier fired on a British soldier and the movie used a Matrix-effect, where it made the bullet go really slow and showed it from all angles. Then, the movie discussed Nellie Bly, one of the first investigative reporters ever. She pretended to be mentally insane in order to be admitted to an insane asylum so she could expose the horrible conditions there. Her article wound up getting the asylum reformed, bettering the conditions for the women there. One of the last things the movie had was a segment about the British used radio broadcasts to gain support from the U.S. in WWII. The movie’s 3-D effects were amazing and the blasts of air from the seat in front of you were used in a way that matched what was going on onscreen without seeming cheap at all.

Afterwards, we all split off and were allowed to roam the Newseum on our own. One of the first exhibits that caught my eye was the FBI exhibit where they showcased some of the most important criminals caught by the FBI and how the press covered them. Being so fresh in my memory, the DC sniper part of the exhibit was especially interesting to me. The mock-up of the car used in the shootings was incredible. Moving on from there my group looked at the parts of the Berlin Wall they had on display, along with a guard tower. The sheer height of the tower was dizzying when I looked straight up at it.

Another interesting exhibit was the gallery of Pulitzer Prize winning photos. A few were upbeat and inspiring, while the ones that I feel stuck out the most were the ones that showed how much horror people are truly capable of. The photos were all there because they conveyed emotion and I truly agree that every one of them belonged there.

The exhibit that stuck with me the most in the whole Newseum was the Tower from tower 1 of the Twin Towers. After looking at the heap of twisted metal and reading a timeline of the events, I went into an adjacent video room. The movie playing showed not only photos of the events of that terrible day with interviews of covering reporters, but also actual footage of the towers falling. Never having seen actual video of it, I became extremely emotional as I watched the video, having difficulty maintaining any composure at all.

In all, it was an informative trip.

Monday 11/3 Notes

In class Monday we talked about the field trip and the free response worksheets. Then we took more notes:

4.) Appealing to the public/Informative Campaigns are organized efforts to gain public backing by bringing the groups views to the public’s attention
A. Public Relations may involve advertising in newspapers (expensive), sending
speakers to meetings or disseminating pamphlets or fact sheets
B. Sponsoring research is another way groups press their case
C. Some groups publicize the voting records of Congress. Some publish indexes
of how members of Congress voted on issues of critical importance to the group.
5.) The “Ratings Game”
A. Groups of ten “rate” members of Congress in terms of the amount of support
they gave to legislation that is favorable to their causes. Many interest groups use
these voting systems to describe members’ voting records to interested citizens
and other times they use them to embarrass members
6.) Coalition Building takes place when several groups join together in a lobbying campaign

Is this interest group system biased?
1.) Lobbying can be evaluated through both the pluralist and majoritarian frameworks
A. Evaluating fairness in the pluralist framework requires that we take account of
two criteria
1.) Significant interest in the population should be adequately represented
2.) Government should listen to the views of all major interests

STILL KATE

i forgot to post this last tuesday



· The 1976 Amendment formation of political action committees(PAC) - Buckley v. Valeo- no limits on individuals spending their own money in a campaigns- 1990 introduces soft money helps to avoid. Allows people to get around the 1974 laws and limits.-Soft money = funds spent for entire party ticket( party mailings ,voter registration, and get out and vote)- enhances national and state parties roles in presidential campaigns.-Election finance reform = major theme in Senator John McCain's campaign for the 2000 .
· criticized soft money.
· McCain Feingold Act.- raised the limits of individual donations from 1,000 dollars to 2,000 dollars -increased all individuals can give to all federal candidates from 25,000 dollars to 95,00o-Banned national political parties from raising and spending soft money for campaigns.-State and local parties can't use soft money for TV ads -Soft money was limited to 10,000 dollars per candidate per year.
· 527 - limitless funds without having to disclose who made the donations or how the donation will be spent.- considered a Political Committee but not directly involved in the campaigns 527's have two distinct advantages:--Exempt from paying taxes on any donations--Donators do not have to make gift taxes on large donations.
· Strategies and tactics-information from pollsters and political consultants, campaign managers mix party, issues and a candidate image to compile an effective strategy.-Campaign messages are sent via media to the public9 television, radio, internet and advertising)-Choices an individual voters make can be analyzed as products of both long term and short term factors.---Long term factors = Party Identification and background of the candidate that is running.---------------Challengers -point out the problems of the other---------------Incumbents campaign using accomplishments -short term-Voters fall back on religion, gender and race.-image - less politically educated.---studies show people vote less based on issues ,and more on party identification/ candidates image.---------------------------------------10---------------------------------------------------Interest Groups: organized body of individuals who share some political goals and trying to influence public policiesHelp /hurt
· -Alexis de Tocquveille, “Democracy in America,” says groups are formed easily shows strong democratic gov.Federalist 10- James Madison, thinks there are dangers in factions

THIS IS KATE LAWLOR. 11/3

today we did not do too much in class. Mr.G took care of us last minute people who are just now paying for the field trip. We also talked about our free response sheets, we need to make him more convinced we know what we are talking about. Don't state contradicting facts or he will take off. For wednesday's trip, there is a cafateria but it is very expensive. Go see the historical baseball movie, it sounds cool.

In 7th period today we discussed what is going on in the world and the tomorrow's election of course. We also talked about the field trip Wednesday, remember to pack a lunch or face the pricey cafeteria foods offered at the museum. =D

We then took a few notes:
(These are a continuation of Chapter 10 focusing on interest groups and how they work.)
5) The "Ratings game"
A) Interest groups "rate" members of the Congress in terms of how much support they give to legislation that is favorable to their causes. Sometimes they use this to show voters key facts about the members of Congress, and sometimes they are used strictly to embarrass Congress members.

6) Coalition building takes place when several groups join together in a lobbying campaign.

Is the interest group system biased?
-criteria isn't clearly met because some groups are way better represented than other groups. (membership bias)
1) middle and upper classes are far better represented by organized interest groups.
2) This doesn't mean system is unmistakeably biased, the citizens in these groups still represent the people.
3) An increase in the number of business lobbies and PACs in the 1970's and 1980's furthers the imbalance.
-determining whether there is sufficient access to policymakers for all interest groups is key to determining if the 2nd criteria is met.
1)pluralists argue that the national government has many points of access and that virtually all lobbying organizations can find some part of the government that will listen to them.
2) However all forms of access aren't equal and ideological orientation and other variables will give some organizations wider access than others
-The interest group system is tempered by the majoritarianism of elections; the party that wins an election will have more say than its opponent in granting interest groups access, and thus giving them a voice in policy making.

October 31 Blog

On Friday, we were able to peacefully and civilly conclude Trial 2. Its topic was as follows: "Interest groups are hereby charged with misleading the public as it it tries to understand important political issues. These tactics bring serious harm to democracy in the United States."
The defense brought forth its final witness, a Sierra Club member, and argued that interest groups play an important role in a democracy by protecting the rights of the minority. The prosecution presented its witnesses, including a former Sierra Club member, an NRA member (who did not help the prosecution's case), and an ordinary citizen who did not belong to an interest group. The Prosecution argued that interest groups should be disbanded because they allow a loud minority to overpower the will of the majority and are thus bad for democracy. The defense was awarded the victory by the jury and the constitution's view of interest groups was upheld.