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Warmup

Who is America?

Congress is supposed to represent America. How well do you know the demographics of our fair country? Answer to the best of your knowledge…

Who is America?

Section 1- The U.S. in general

1) There are approximately 126 million households in the U.S. What percentage of all households includes a married couple?

12%

33%

50%

66%

Who is America?

Section 1- The U.S. in general

2) There are approximately 126 million households in the U.S. What percentage of all households has someone living alone?

12%

28%

43%

Who is America?

Section 1- The U.S. in general

3) What percentage of Americans age 25 or older has at least a high school diploma?

50%

66%

78%

90%

Who is America?

Section 1- The U.S. in general

4) What percentage of Americans age 25 or older have at least a bachelor’s degree (4 year degree)?

28%

32%

54%

79%

Who is America?

Section 1- The U.S. in general

5) What percentage of Americans age 18 or older is a military veteran?

10%

13%

Who is America?

Section 1- The U.S. in general

6) What percentage of all Americans is foreign-born (to parents who aren’t U.S. citizens)?

12%

20%

33%

What’s the point?

The U.S. has lots of people with REALLY different viewpoints

We all elect people to represent our “voice” in the government

What are the chances all these representatives will agree?

(hint: not good.)

What do you suppose the process for making our laws is like?

(hint: very slow and combative.)

Congress

Article I, Section I:

“All legislative powers herein shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives…”

Original Intent: House was to be closest to the people

- Direct elections

- Equal representation (by population)

- Short election cycle (two years)

Senate: Consider longer-term/bigger picture issues

- Six-year terms

- Equal Senators per state, regardless of population

- Originally elected by state legislatures (changed by 17th Amendment)

The 115th Senate, smiling for the camera…

The House of Representatives

(Democrats on the LEFT, Republicans on the RIGHT)

Unlike the Senate, members of the HOR have no assigned seats. But, they generally sit with their parties (Democrats sit on the Speaker’s right, Republicans sit on the Speaker’s left)

What are the GOALS of Congress?

Optimistic answer:

(1) To pass laws for the country!

Approximately 10,000 bills are introduced by Congress in each 2 year session. 112th Congress was dubbed the “Least Productive Congress” since the 1940s.

	110th (after Nov. 2006)	112th (after Nov. 2010)	114th (after Nov. 2014)
Bills Passed into Law	460	219	~329*

**At least 40 bills concerned the renaming of post offices or other public buildings. Another six dealt with commemorative coins. Very few “meaningful” laws were passed.

http://www.huffingtonpost.com/2012/12/28/congress-unproductive_n_2371387.html

HOW A BILL BECOMES A LAW:

[ORIGINATE] Can originate in either the HOR or Senate (different rules in each body for proposing a law and getting debate started)

[COMMITTEE] Bill is sent to committee (in the body in which it was introduced)

[DEBATE/VOTE] If it gets out of committee, it is placed on the calendar and floor debate is scheduled, followed by a vote

[SEND TO OTHER BODY] If it passes the original body, it gets sent to the other body (HOR or Senate) for a vote. If the bill is CHANGED from its original and passed in the second body, the two versions of the bill get sent to conference committee to hammer out a compromise.

[CONFERENCE COMMITTEE] Representatives from the House and Senate meet to find a compromise. Everyone tries to keep the version their body passed. If a compromise is found, a report is sent back to each body for a vote. MOST MAJOR LEGISLATION ENDS UP HERE.

[PRESIDENT SIGNS or VETOES]: President has 10 days to sign or veto the law. If he doesn’t sign, it is the same as a veto (called a “pocket veto”). 2/3 of each chamber must vote to override a veto.

What is the TREND in the number of bills passed into law since 1947 (the “80th Congress”) until the 112th Congress (post-Nov. 2010)?

What do you think Congress’ approval rating is NOW?

What TRENDS do you notice? What has approval been “high”? What is it NOW? WHY?

What are the GOALS of Congress?

Optimistic answers:

(2) To help their constituents

Casework: Services members of Congress provide to their constituents

- Help with federal assistance

- Get a U.S. flag (flown over the Capitol)

- Tours, internship, acquiring federal grant money

- Nomination to U.S. service academies (West Point, Annapolis, etc.)

Franking: Members of Congress get free postage for all official business mail

Otto Warmbier was arrested in North Korea in 2016 for attempted theft and sentenced to 15 years in prison. His parents likely went to his congressperson and senators to ask for their help in negotiating his release. (Unfortunately, he fell into a vegetative state while in captivity due to unknown causes, and died shortly after being released back to the U.S. in June 2017.)

What are the GOALS of Congress?

More realistic (cynical?) answers:

(3) To get re-elected

-- Members of the HOR have to run for office every 2 years! That’s a lot of campaigning.

What are the GOALS of Congress?

More realistic (cynical?) answers:

(4) To support the agenda of their political party

What are the GOALS of Congress?

More realistic (cynical?) answers:

(5) To get as much federal money for their home state/district as possible

a.k.a. “pork-barrel spending” or “earmarks”

 Who decides if something is “wasteful” or “necessary”?

Coined from an 1863 story called “The Children of the Public,” pork-barrel spending referred to any public funds spent to benefit the public. Over time, the term has evolved, referring to projects seen as wasteful, or that may only benefit a small group but the costs are spread out between all taxpayers. Of course, often, one politician's pork is another politician's legitimate expense.

The Citizens Against Government Waste puts out an annual "Congressional Pig Book" that listed 9,129 projects at a cost of $16.5 billion in 2010..

Also known as “earmarks” – Congress decides how to spend the government’s money. Some people are tired of representatives trying to “bring home the bacon” – this has become a big issue in the past few years.

--How do earmarks get in spending bills? It’s all about compromise and backroom dealing – Congress needs to VOTE on big spending bills, but reps withhold their votes UNLESS they get an earmark in. NOW I’LL VOTE FOR IT!

Famous “pork projects” (source: http://www.csmonitor.com/USA/Election-2010/2010/0819/Pork-barrel-spending-A-big-liability-for-lawmakers-in-2010-election):

“Bridge to Nowhere” (2003) – Alaska senator got $190million to build a bridge to a sparsely inhabited island

“Worcestershire Sauce” (1981) – U.S. army spent $6000 for a report detailing how to buy Worcestershire sauce and listing all its ingredients

“Beer Museum” (2004) -- $450,000 given to a Wisconsin town to renovate the local beer museum to attract tourists

“Why do people fall in love?” (1974) -- $84,000 grant given to a Minnesota psychologist who studied why people fall in love

POWERS of Congress (review)

Article I (Constitution)

A. Enumerated powers – specifically listed

Take a look at the Constitution. WHERE are Congress’ ENUMERATED powers listed?

3. POWERS of Congress (review)

Article I (Constitution)

Implied powers – assumed, but not spelled out

Thanks to the “elastic clause”, Congress’ power is “stretched”…

“The Congress shall have Power to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers…”

EX: Can Congress create a national bank system?

This is pretty darn vague. The Congress has traditionally taken this to mean that they can create ANY LAW they need to in order to do its job.

The Supreme Court upheld the concept of implied powers in the landmark case McCulloch v. Maryland (1819), ruling that the federal government had the right to establish a national bank under the power delegated to Congress to borrow money and control commerce. A more recent example of implied powers is the War Powers Act of 1973, which limited the ability of the president to send American troops into combat without consulting and notifying Congress. Ie: War Powers Act (1973) – in order to HELP Congress “declare war” and “maintain an army/navy”, this act limited the ability of the President to send troops to combat without first consulting and notifying Congress

POWERS of Congress (review)

Article I (Constitution)

Limitations on Congress’ powers

What kinds of laws can Congress NOT pass?

-- Anything that violates the Constitution or Bill of Rights

Delegate vs. Trustee philosophy

Imagine that you live in a very CONSERVATIVE congressional district, where most voters disagree that LGBT Americans should be able to get married. A bill is being debated in the House of Representatives that would extend the right to marry to LGBT citizens. Your representative has made statements hinting that she supports the right of LGBT people to get married. HOW SHOULD YOUR REPRESENTATIVE VOTE?

Should she follow the delegate philosophy? Or the trustee philosophy in determining her vote? PICK ONE and explain why this is the right answer.

James Madison argued for the delegate model – the rep is just the delegate for all the people in the district that can’t be there because we don’t have a direct democracy

Others have argued that when you are elected, the people trust that you will use your wisdom and judgment to make the right call. After all, that is the point of a representative democracy, right? The person you elect has WAY more time to study the issue and debate it, and supposedly will know much more about it than the constituents. A trustee is willing to risk losing re-election.

Congress

Who’s in charge?

In the House, it’s the Speaker of the House, elected by House members (so whoever the majority party wants, wins)

- Fun fact: Literally anyone can be elected Speaker

In the Senate, it’s the Senate Majority Leader, elected by the members of…the majority party

House Members

The House has single-member districts, parts of the country divided up and each represented by a single person (Congressperson)

Who makes these districts?

What do they look like?

What rules govern them?

Congressional Districts

The House is allowed a total of 435 members (this was capped by law in 1929). Each member must represent a roughly equal number of people (was about 30,000 in 1789; now it’s ~650,000)

Why does the U.S. conduct a census every 10 years? One main reason: to determine congressional apportionment: dividing the 435 congressional seats among the 50 states

Congressional Districts

The House is allowed a total of 435 members (this was capped by law in 1929). Each member must represent a roughly equal number of people (was about 30,000 in 1789; now it’s ~650,000)

Why does the U.S. conduct a census every 10 years? One main reason: to determine congressional apportionment: dividing the 435 congressional seats among the 50 states

When the Census determines whether states gained or lost population, losing or gaining enough people means the districts are re-apportioned, so some states gain House districts and some states lose House districts

Congressional Districts

California Congressional Districts:

2010-2020

Each of California’s 53 House districts has about the same number of people in them

That’s why districts vary in size and shape: to get the number of people about the same in each

Redistricting

Two main rules:

Must be contiguous (all part of one shape; no “land islands”)

Must have population as equally-distributed as possible

Iowa

Colorado

North Carolina

Gerrymandering

LWT Gerrymandering Video here

Gerrymandering

The earmuff shape of Illinois's 4th congressional district packs two Latino areas while remaining contiguous by narrowly tracing Interstate 294

Reform? Is gerrymandering a BAD thing? What can be done to reform the system?

(2008) – Prop 11: created a commission of 14 CA citizens to draw districts for California’s legislature

5 Democrats, 5 Republicans, 4 “independent”

(2010) – Prop 20: the commission will ALSO draw boundaries for California’s congressional districts House of Representatives

(passed with 61% of the vote)

Prop 11: ONLY FOR THE CA LEGISLATURE (NOT its congressional districts). The hope was to take the power OUT of the hands of the elected legislators, and put it into the hands of regular citizens. The deadline for Californians to apply was February 12, 2010 (since redistricting happens within one year AFTER the census, which would be in 2011). About 14,000 people applied to be one of the 14 commissioners. BUT, many complained it wasn’t fair – many CA groups are underrepresented in the applicants. (70% of applicants were male, 73% are white, less than 5% are Asian-Americans – they make up 12% of the state’s population. Latinos make up 10% of the applicants, but 36% of the state’s population.)

FUN FACT: A COMPETING proposition is ALSO on the November ballot to REPEAL Prop 11.

So, what happens if BOTH Prop 20 AND Prop 27 pass? (one has the commission create congressional districts…and the other gets rid of the commission?) Each has a “poison pill” provision – if they both get a majority vote, the one that receives the HIGHEST percentage will go into effect. BOTH can be approved, but only ONE will become law.

2016

Revised 2018

Warmup

Functions of Congress

Two main functions:

Consider potential laws

Oversight & Investigation

Functions of Congress

Congress passes either bills or resolutions, formal expressions of opinion or intent

Three types of resolution:

Simple resolution – One chamber of Congress, no presidential signature

Concurrent resolution – Both chambers of Congress, no presidential signature

Joint resolution – Both chambers of Congress, presidential signature

Simple Resolution: The House declares that George Washington was awesome

Concurrent Resolution: Use the Capitol Visitor Center to celebrate the birthday of King Kamehameha, founder of Hawaii

Joint resolution: How the government gets funded and avoids a shutdown without a formal budget

The Basics:

A bill can start in the House OR Senate, introduced by a sponsor

There are a lot of ways that your bill can DIE

SCENARIO: Jackie Speier introduces a new bill in the House of Representatives that she calls “The Making America Dumber Act” which would require that public schools be open only on Wednesdays.

Committees: smaller TOPIC-BASED subgroups in the Senate and House that are responsible for researching, debating and amending bills BEFORE the entire Senate or House has a say.

Congress

Most of the action in Congress is not when the House and Senate gather together for the final vote

Most of the action (and therefore power) when Congress operates is in the Congressional committees

Committees

Types of committees:

Standing committees: Permanent committees with legislative and investigative responsibilities

- May also have subcommittees that further specialize in committee topics

Select or special committees: Mostly temporary committees assigned a specific task (can become permanent)

Joint committees: Committees with members both from the House and Senate, mainly to deal with administrative issues in Congress

Committees

Examples:

Committees

House: 20 standing committees; 95 subcommittees

Senate: 16 standing committees; 67 subcommittees

7 active Joint Committees

What are some examples of Committees?

#1. House & Senate - Appropriations Committees

STUFF THIS COMMITTEE IS RESPONSIBLE FOR:

-- how the government’s $$ should be appropriated (divided, spent)

ALL THE EXAMPLES WE’LL LOOK AT ARE “STANDING COMMITTEES” -- permanent

-- House Committee has 60 members!

-- Examples of bills considered in this session (http://www.govtrack.us/congress/committee.xpd?id=HSAP)

HR1) American Recovery and Reinvestment Act (aka --- the federal stimulus bill) – passed committee  HOR Senate  Conference Committee ( passed almost completely along party lines)

HR3760 ) Homebuyer tax credit act of 2009 (gives credit to people who bought homes – why?) – still pending in committee

#2. House & Senate - Agriculture Committees

Responsible for:

-- bills related to farmers (ie, land development, water access, organics, genetic engineering etc.)

-- bills related to consumers (ie, food safety)

Examples of bills they are considering:

HR185) Sewage Sludge in Food Production Act – to notify consumers if they chicken they buy was raised on land that used sewage sludge. WHAT’S SEWAGE SLUDGE? Anything that has been flushed, poured or dumped into the country’s wastewater system from homes, hospitals, chemical industries, etc – spread on crop fields as fertilizer (can be toxic – containing viruses, heavy metals, bacteria, etc)

HR5577) Genetically Engineered Food Right to Know – labels GMF

#3. House - Ways and Means Committee

-- anything related to collecting revenue ($$$) for the government like…tax codes, tariffs, trade agreements, issuing of government bonds

#4. House – Rules Committee

Responsible for: The rules and time allowed to debate all bills sent to the House floor, a.k.a the “traffic cop” of Congress

HR15) National Health Insurance Act – to provide a program of national health insurance

HR563) SCHIP (State Children’s Health Insurance Program) Expansion – Health coverage for children whose family income is less than 2x the national poverty level

HR1530) Free Trade with Cuba Act – to lift the trade embargo with Cuba (in place since 1962)

#5. Senate – Judiciary Committee

Responsible for: Assessing the President’s nominees to federal courts, including the Supreme Court

HR15) National Health Insurance Act – to provide a program of national health insurance

HR563) SCHIP (State Children’s Health Insurance Program) Expansion – Health coverage for children whose family income is less than 2x the national poverty level

HR1530) Free Trade with Cuba Act – to lift the trade embargo with Cuba (in place since 1962)

Why does it matter which committees a Congressperson is on?

-- gives you power to influence legislation directly (especially stuff important to your home district/state—re-election, anyone?)

-- Chairperson has LOTS of power (always from majority party)

Party leaders choose who is on what committee; usually in rough proportion to the % of seats held by the party

Chairman(woman) is always from the majority party – LOTS OF POWER (control the agenda, what bills are considered, what bills are “pigeon-holed” or set aside and ignored)

Ie, Ways and Means: The roster of committee members who have gone on to serve in higher office is impressive. Eight Presidents and eight Vice Presidents have served on Ways and Means, as have 21 Speakers of the House of Representatives, and four Justices of the Supreme Court.

Committees

How are committee assignments chosen?

Assignments are typically by seniority and chosen by each party; requests from newer members can be considered or ignored

House: Serve on two committees and four subcommittees; Chairperson (majority party) and Ranking Member (minority party) are nominated by their parties

Senate: No more than four committees Chairperson (majority party) and Vice Chair (minority party) are nominated by their parties

From Bill to Law

Schoolhouse Rock video here

Describe three different ways a bill can die in the lawmaking process.

Explain the details of each of the three “death paths”

HR-A House-sponsored bill

HR-B1.Goes to House committee

Die…

HR-B2. House Rules committee (the “traffic cop”)

Die…

H5. House passes bill!

H6. Referred to Senate for debate/vote

S1.Senate-sponsored bill

S2.Goes to Senate committee

Die…

S3. Whole Senate debate and vote

Not scheduled

Filibuster!

Doesn’t pass…

S4. Senate passes the bill!

S5. Referred to House for debate/vote

Different versions pass BOTH chambers?  Conference Committee irons out differences

Bill goes to President

 2 options?

President signs bill  becomes a law

President vetoes bill

House: 2/3 vote to override

Senate: 2/3 vote to override

HR-B1a. Goes to House subcommittee

HR-C. Whole House debate & vote

S2a. Goes to Senate subcommittee

H2. Bill can die in committee

H3. House Rules Committee is one of the most powerful in the House. They decide if where/if the bill should be put on the House calendar for debate. They can slow up or stop bills. Unlike the Senate, the House doesn’t have unlimited debate on a bill. They may decide how long a bill will be open for debate, whether or not (or how many) amendments may be added to it. For example, if the Speaker of the House wants a bill passed through very quietly (to avoid attention and prolonged debate that might kill it), he/she might schedule no debate time and move right to the vote. Pretty sneaky!

H4. If the House doesn’t vote for it, the bill dies

H6. If the Senate isn’t already considering a similar bill…

S3. FIRST ROADBLOCK: The Senate Leadership can keep debate on the bill off the schedule. SECOND ROADBLOCK: In the House, the House Rules committee can decide how long a bill can be debated by the full House. In the Senate, there is no restriction on time. The only way for debate to end is by cloture – which is a motion to end debate. It requires a 3/5 vote by the whole Senate (or, 60 votes). When cloture is invoked, further debate is limited to only 30 more hours (it ISN’T a vote on the bill). If 3/5 of the Senate doesn’t vote for cloture, then a filibuster can be used to block a vote by “talking it to death”. THIRD ROADBLOCK: The Senate votes down the bill.

MORE ABOUT A FILIBUSTER: All Senators MUST be in the building when the filibustering is going on because they can call a vote at any time. VERY tiring for everyone.

CONFERENCE COMMITTEE: The Senate and House MUST approve the changes proposed by the Conference Committee (compromise)

2 ways a president can veto? Can outright veto and send it back to Congress with a message about WHY (they can choose whether to rework the bill OR try to override the veto). He can also use a pocket veto – president refuses to act on a bill passed during the last 10 days of a session. By not sending it back to Congress before the session ends, the president kills the bill for that session (needs to start all over again in the next session). IF THE CONGRESS IS STILL IN SESSION, and the President doesn’t act on it  THE BILL BECOMES A LAW WITHOUT HIS SIGNATURE

There are some BIG differences between the House and Senate procedures:

House Rules Committee sets up debate time before full debate begins. When debate is over and enough members are present, they vote.

Who can sidetrack House bills, though, ensuring that they are never debated?

What, if any, limits are put on debate in the SENATE?

In the Senate, debate can drag on indefinitely (no pre-planned limits). Tactic of ENDLESS DEBATE = filibuster

Two Ways to Kill A Bill

Two Ways to Kill a Bill

Pigeonholing – Putting a bill away and never talking about it again

Filibustering – Talking about a bill endlessly (Senate only)

More on the Filibuster…

Cloture – 3/5 vote needed to end debate and VOTE in the Senate.

Supermajority – when more than 50 votes are needed to get something done (ie, cloture)

So, how many senators does the majority party need to STOP a filibuster from happening and get to the vote?

When it happens, all senators have to be in the building when filibustering is happening because a vote can be called at any time.

NOTE: a threat of a filibuster is good enough to stop a bill today (ie, “We have 41 votes on our side…”). No need to spend the night reading from a telephone book.

MORE ABOUT A FILIBUSTER: All Senators MUST be in the building when the filibustering is going on because they can call a vote at any time. VERY tiring for everyone.

Note that if cloture is invoked, no more than 30 more hours of debate will follow.

Rand Paul 2013 filibuster: Over the vote to approve the nomination of new CIA chief John Brennan. Paul wanted absolute certainty that the President did NOT have the power to order drone strikes against American citizens in the United States not associated with terrorism. The (annoyed) Attorney General Eric Holder wrote a very terse letter to Senator Paul after hours of filibustering that basically said: “The answer is no. The president does not have the power.” Filibuster ended – Paul had to use the bathroom!

FUN FACT: Senators used to find unique ways to take care of the “bathroom problem” while filibustering – like catheters. Yuck.

Warmup

Investigation & Oversight

As part of checks & balances, Congress will often investigate whether the Executive Branch is enforcing the laws as Congress intended. This is called legislative oversight

Congress can:

Hold hearings

Subpoena witnesses and records

Grant immunity and hold people in contempt

The Truman Committee investigated wasteful military spending before and during WWII (they even found reference to the super secret Manhattan Project)

Then there were the infamous McCarthy hearings in the 1950s to investigate suspected Soviet sympathizers and spies

Investigation & Oversight

As part of checks & balances, Congress will often investigate whether the Executive Branch is enforcing the laws as Congress intended. This is called legislative oversight

Congress can:

Hold hearings

Subpoena witnesses and records

Grant immunity and hold people in contempt

The Truman Committee investigated wasteful military spending before and during WWII (they even found reference to the super secret Manhattan Project)

Then there were the infamous McCarthy hearings in the 1950s to investigate suspected Soviet sympathizers and spies

The Executive Branch

Can you name all the U.S. Presidents?

The Executive Branch

The Executive Branch is in charge of executing the laws passed by Congress.

The head of the Executive Branch is the President.

Concern about an overly powerful Executive is a founding principle of the U.S., one that carries through to do this day

The Executive Branch

A lot of thought has gone into the power (and transfer of power) of the President throughout U.S. History

Example:

What happens if the President dies?

John Tyler decided he was President, not just a placeholder

25th Amendment clarifies line of presidential succession

The Executive Branch

A lot of thought has gone into the power (and transfer of power) of the President throughout U.S. History

Example:

How long should a President serve?

22nd Amendment (1951) says a President cannot serve more than two terms

The Executive Branch

The President is the head of the Executive Branch

There are 15 Cabinet Departments, 30 independent agencies, and the Executive Office of the President, which contains several more departments, councils, and offices

Cabinet vs. Independent agency: Amount of oversight power that the President has

The Executive Branch

How the Executive Branch enforces the laws:

Regulations: Agencies can approve specific rules that are consistent with its legal mission statement

(Ex. Net neutrality, food safety)

Lawsuits: Departments sue people or companies for violating federal law or regulations

Criminal charges: Violations severe enough can result in prosecution and imprisonment

How the President controls the Executive Branch:

Patronage jobs: Positions typically given to party members (Cabinet officers, ambassadors)

Other appointments: About 2,200 agency directors, deputy directors, and assistants

Executive Orders: Presidential orders to change the organization, priorities, or other functions of the Executive Branch

To contrast with patronage appointments, most members of the Executive Branch are civil servants, who can serve for decades regardless of the President’s political party. You’re not going to fire the guy in Accounting every time there’s an election, are you?

The Executive Branch

Point is: The Executive Branch is big, with around 2 million employees

Result of Presidents gradually expanding their authority over domestic issues – why did this happen?

Originally, what was the President’s role designed to be?

What are the five powers/responsibilities given to the U.S. president in the Constitution?

#1. Approve or veto legislation from Congress

#2. “Commander-in-Chief” of the armed forces (why is it important to have a civilian?)

Can the president declare war?

#3. Can choose his/her “cabinet” (ie, Secretary of State, Defense, Homeland Security, etc) and report on the State of the Union

#4. Responsible for foreign policy (ie, treaties)

#5. Can pardon criminals guilty of breaking federal laws (or commute their sentences, reducing the amount of time they have to serve)

“Commander-in-chief” – establishes civilian control over the military (why would the “founding fathers” want this?)

CHECKS & BALANCES – cabinet heads must be approved by Congress; requires 2/3 senate approval for treaties

CAN THE PRESIDENT DELCARE WAR? Nope – the Constitution says that the Congress must do this. BUT THIS IS A “GRAY AREA”…if he is the “Commander in Chief”, presidents have historically sent troops when they want to….but this was challenged after an unorthodox start to the Vietnam War with the 1973 “War Powers Act” (more on that this week)

#1. “Face of the Nation” – Welcomes foreign dignitaries, is nationally known (because they’re one of two people who are nationally elected)

#2. Bully Pulpit – Commands media attention and can use that platform to direct national debate and agenda

#3. Leader of their political party

Does the President have authority

not mentioned in the Constitution?

How can all these roles affect what it means to have the job of President?

Extraordinarily busy

Lonely/Solitary

Lots to do at the same time

The Presidency

At the same time President Obama was giving a humorous speech at the White House Correspondents Dinner in 2011, he was waiting to hear about the operation to (hopefully; odds were estimated at 50-50) get Osama bin Laden, where a dozen Navy SEAL lives were at risk. Talk about compartmentalizing!

Why does the President have extra authority?

“Commander-in-chief” – establishes civilian control over the military (why would the “founding fathers” want this?)

CHECKS & BALANCES – cabinet heads must be approved by Congress; requires 2/3 senate approval for treaties

Notable expansions of presidential power:

Jefferson approves the Louisiana Purchase (1803)

Jackson defies court order on Indian removal; manipulates state banks with federal money (1830s)

Lincoln suspends habeas corpus, restricts freedom of the press, frees Confederate slaves (1860s)

FDR invests heavily in domestic policy with the New Deal (1930s); interns Japanese-Americans (1942)

Truman sends troops to Korean Peninsula as “police action” with no declaration of war (1950)

Johnson sends 500,000 troops to Vietnam (1960s)

Nixon claims national security in hiding Watergate tapes (1970s)

The Executive Branch

Presidents can respond to emergencies more quickly than Congress, which will always deliberate. Presidents can be decisive

In other words: when people want solutions to domestic or foreign problems, Presidents have often stepped up to satisfy that desire when Congress wouldn’t or couldn’t fast enough

Conflicts with Congress

Because both the President’s and Congress’s powers have expanded over time, there is plenty of room for conflict as their powers overlap

Congress passes the budget, but President can manage specific spending priorities at each department

Congress passes legislation but President pushes priorities all the time

Congress declares war, but President orders where troops go

Conflicts with Congress

How can Congress check the President’s power?

Overriding vetoes (2/3rds majority required)

Investigate actions of Executive Branch personnel

Refuse to fund programs or agencies (“the power of the purse”)

Rejecting presidential treaties and nominees (Senate only)

Impeachment (House) and conviction (Senate) for “high crimes and misdemeanors”

Conflicts with Congress

How can the President check Congress’s power?

Veto bills

Raise or lower priority of enforcing parts of laws

Encourage public action (via the Bully Pulpit)

Make appointments while Congress is in recess, delaying their authority to disapprove

DON’T FORGET TO MENTION POCKET VETO!!

Presidential Power: Who decides if the U.S. should go to war?

Article I, Section 8 (“The Congress”)

Clause 1: The Congress shall have the Power to…provide for the common Defense and general welfare of the United States…

Clause 11: To declare War…and make Rules concerning Captures on Land and Water…

Clause 12: To raise and support Armies…

Clause 13: To provide and maintain a Navy…

Clause 14: To make Rules for the Government and Regulation of the land and naval Forces…

Article II, Section 2 (“The President”)

Clause 1: The President shall be Commander in Chief of the Army and Navy of the United States…

Who has the power to declare war? Why did the “founding fathers” decide this?

What do you think it means to be “Commander in Chief”?

Presidential Power: Who decides if the U.S. should go to war?

CASE STUDY: VIETNAM

A (brief) history of Vietnam…

COLONIAL HISTORY:

-- Part of “French Indochina”

-- Gained independence in 1950s

-- Split and struggle for control

Ho Chi Minh: nationalist, Communist (North)

Ngo Dinh Diem: French-supported (not exactly democratic…) (South)

*** Which side did the U.S. support? WHY?

Communists gained a lot of support as they fought for independence from the French. NOTE: The French don’t leave quietly, though…they fight back and don’t “officially” give up control until the early 1950s

FUN FACT – since the Germans defeated the French in WWII, control of “French Indochina” went to Germany’s ally, Japan. The Japanese put the French colonial leadership in internment camps and ran the colony themselves…until the Japanese lost. The Communists took advantage of the power vacuum that came with the end of WWII to declare independence. HE READ FROM THE U.S. DECLARATION OF INDEPENDENCE IN A SPEECH GIVEN (and he’s a communist!)

FUN FACT #2 – Diem’s government wasn’t a great one; repressive, dictator…BUT AT LEAST HE’S NOT A COMMUNIST!

CASE STUDY: VIETNAM

By the 1970s, things were going BADLY for the U.S. in Vietnam.

Congress began a “de-escalation” (ie, pulling troops out). They began to wonder when this “war” really started for the U.S.

Did Presidents Eisenhower, Kennedy and Johnson abuse their Constitutional powers by gradually increasing the U.S.’s involvement in Vietnam in the 1950s through 1964? ISN’T IT OUR JOB (Congress) TO DECLARE WAR?

So, Congress passed the War Powers Act (1973)

It says:

-- President can send troops without permission BUT…

-- Within 48 hours: must submit a report to House and Senate estimating the scope and duration of hostilities

-- MUST withdraw troops within 60 days unless Congress approves

So what?

-- allows President to make immediate decisions in times of danger…

-- but tries to restore checks and balances to war powers

BIG IDEA: U.S. involvement in Vietnam was a gradual escalation from 1959 (ie, “advisors” sent) until 1964, when the U.S. got involved in a big way. Congress approved of the U.S.’s involvement at that time. By the early 1970s, when the war was going badly, Congress began to doubt the “gradual escalation” from the early 1960s, when they DIDN’T officially approve U.S. involvement. IF IT IS CONGRESS’ JOB TO DECLARE WAR, why didn’t anyone speak up when Eisenhower/Kennedy/Johnson started escalating the war in the early 1960s without Congressional approval? THE PRESIDENT IS “COMMANDER IN CHIEF” – this was used as justification. BUT, does Congress want to be involved every time the U.S. must respond QUICKLY to a Cold War crisis (ie, Cuban Missile Crisis, Suez Canal Crisis, etc). SO, WAR POWERS ACT tries to strike a balance between ACTING QUICKLY and GETTING CONGRESSIONAL APPROVAL. President can send them in for 90 days to engage, needs to let Congress know within 48 hours, must get Congressional approval to keep troops after the 90 days.

What is the most recent “war” where the War Powers Act should have been used? LIBYA – no U.S. troops in Libya, but lots of bombing for more than 90 days. Was the War Powers Act violated by the President? This is the big question.

President Nixon VETOED the act…but it was overruled by Congress

2001: Congress passes Authorized Use of Military Force Against Terrorists against forces behind 9/11 attacks and “any associated forces.”

Since then, the AUMF has been cited 37 times to justify military action in 14 separate countries

(Afghanistan, Cuba, Djibouti, Eritrea, Ethiopia, Georgia, Iraq, Kenya, Libya, Philippines, Somalia, Syria and Yemen)

Warmup

All the departments and agencies in the Executive Branch make up the federal bureaucracy

Remember: the purpose of the bureaucracy is supposed to be creating rules and policies to enforce federal laws

Reputation: Underfunded, Overcomplicated,

Self-interested

Four main parts of federal bureaucracy:

Cabinet departments

Regulatory Agencies

Executive Agencies

NASA, the National Science Foundation, etc.

Government Corporations

For-profit

Corporation for public broadcasting (PBS); the Postal Service

Again, the main difference between these is how they’re structured legally and how much direct authority the President has over them.

Government Bureaucracy

The Iron Triangle:

The policy-making relationship between Congress, the federal bureaucracy, and interest groups

Assumption: Each group desires to expand its influence, and relies on the other two groups to help it do so

Example: The Food and Drug Administration (FDA)

Goals:

Pepsi Co. wants to increase its profits and sell its new sugar-heavy beverage, Pepsi RUSH

The FDA wants increased funding

Congress wants to get re-elected

Example: The Food and Drug Administration (FDA)

PepsiCo.

FDA

Congress

Pepsi Co. lobbies Congress to increase FDA funding

FDA approves “Pepsi RUSH” for sale

Pepsi Co. donates $20 million to different Congressional campaigns

Congress passes “SUGAR” Act, granting tax breaks to food and beverage companies

Congress increases FDA funding by 15%

FDA focuses on enforcement priorities that Congress requests

Bureaucracy

Takeaways:

The bureaucracy implements the public policy of the United States

The President has various degrees of direct authority, depending on the agency

Interest groups and Congress have significant indirect authority over the bureaucracy as well

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Cutting through the “Red Tape”?

Expanding or cutting the size of the federal bureaucracy depends on several questions:

What things should the federal government actually do?

Which rules and regulations created by executive agencies are necessary, and which are redundant, unfair, or too burdensome?

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Challenge:

Bureaucracies naturally want to expand.

Why?

To gain more power but also because bureaucracies reward specialization—having specific people accomplish specific tasks

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State & Local Government

Who’s the Governor of California right now?

Who is your state Assemblymember?

Who is your state Senator?

Who’s the mayor of Belmont?

We focus on national politics a lot, but state and local governments have much more effect on our daily lives, and yet most people pay very little attention to them

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State & Local Government

Federalism: The balance of power between the federal government and the states—which level of government has which specific powers

The Founders envisioned the federal government doing specific, limited things, and all other powers go to the states

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State & Local Government

State governments are very similar to the federal government—all 50 states have a Governor, a legislature, and a state court system. Each state also has its own Constitution

(Except for Nebraska, all state legislatures are bicameral—two houses. Nebraska’s is unicameral)

Some terms vary state to state—California has an Assembly and a Senate while other states have a House and Senate—but it’s all structured the same way

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State Government Powers

States have authority over many more issues than the federal government, including crime

Unless you commit a crime that directly involves the federal government, you will be tried in a state or county court

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State vs. Federal Government

Even if the Federal Government doesn’t have direct authority to do something, it can influence the states to do it instead

Unfunded mandates: Laws or regulations the federal government passes, forcing states to comply without providing the funding to do so

Ex. The Americans with Disabilities Act (1990)

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State vs. Federal Government

Even if the Federal Government doesn’t have direct authority to do something, it can influence the states to do it instead

Withhold Federal Funding: Federal government can reduce the money it gives to states if states don’t pass laws or regulations that Congress wants

Ex. Drinking age of 21

Congress threatened to reduce federal funding to pay for highways unless states made their drinking age 21. States quickly complied

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State vs. Federal Government

Even if the Federal Government doesn’t have direct authority to do something, it can influence the states to do it instead

Federal Grants: Federal government can offer states money (grants) if states comply with certain requirements

Ex. Common Core Education Standards

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State & Local Government

Below state level, local governments can be structured depending on the state that it’s in

Ex. 48 states have “counties” but Alaska has “boroughs” and Louisiana calls them “parishes”

Different cities can also have different names and government structures

School districts and special purpose districts are separate legal entities from cities, though cities often have some oversight of them

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Local Government

Counties are governed by a Board of elected supervisors (though they may not be called that). Many counties often have their own police departments (typically a Sheriff’s office)

Cities/townships usually follow one of two forms of government: council-manager or mayor-council

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Local Government

Council-manager: City council passes local laws (ordinances) and manages funding of city departments; City Manager presides over city departments to ensure they’re functioning smoothly

- Any titles of Mayor or Vice Mayor are largely ceremonial and rotated annually amongst the city council

Mayor-council: Mayor acts as Chief Executive; city council acts as legislature (similar to President-Congress relationship)

- Typically found in major cities such as New York and Los Angeles

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Belmont’s Organizational Structure

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City Government Powers

City governments have many powers that affect our everyday lives:

Where and when to put stop signs and stoplights

How much we pay for parking, and where

Public libraries, parks, homeless services

Zoning laws that affect what type of buildings can be built in certain locations

Funding for police departments, fire departments, sewage, sanitation, water, and other critical services (sometimes)

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State and Federal vs. Local

The federal government has the same authority over local governments that it has over states, mainly using money as an incentive

States, however, have absolute authority over their counties and cities, and can force laws and programs on them (Supreme Court decided this in 1907 with Hunter v. Pittsburgh)

Ex. In 2012, Texas prevented Houston from requiring Uber and Lyft drivers to be fingerprinted, and prevented the city of Denton from banning fracking activities

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Special Districts

Special Districts are organized areas within one or more cities created to provide a specific service or solve a specific problem

Example: School districts

Features:

Governed by an elected Board

Provide a specific service

Have designated boundaries

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Special Districts

Water districts are created to provide a designated area with adequate water, including maintaining pipes, sewage, and other associated needs

Across the United States, special districts control more than $100 billion dollars of public money, not to mention all the services they provide for their customers.

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