GOV4A: United States Politics - A Complete Overview
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Transcript of GOV4A: United States Politics - A Complete Overview
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GOV4AThe Government of the US
Scott Thomas | May 2013
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Today
The Constitution
The Supreme Court
Congress
The Executive
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Exam success is not a lottery!
Know your terms
Know the Articles
Know the Examples
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Session 1The Constitution and
Federalism
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The Constitution & Federalism
Nature & Significance Separation of PowersChecks and BalancesBill of RightsAmendments FederalismConstitutional Change
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US Government Overview
Federal Government Power
LegislatureMakes the laws
CongressHouse of Representatives
Senate
ExecutiveCarries out the laws
President Plus VP, EXOP, Cabinet,
Executive Dept, and Agencies
Judiciary Enforces and interprets
the laws
Supreme CourtIncluding appeal courts
and trial courts
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A Constitution
• A system of rules which describes the structure and powers of Government
• Outlines the relationship between the three branches of government
• And the relationship between the government and its citizens
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A Constitution
• Limits upon power– Checks and Balances
• How power is exercised• Where power is located
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Acts of Parliament
Works of Authority
EU Law
UK Constitution
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Common Law
Royal Prerogative
Conventions
UK Constitution
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Birth of the USA1776 – Declaration of Independence
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Declaration of Independence
Taxation without representationLeads to the US War of Independence from
Britain in April 17754th July 1776 the Colonies issue the Declaration
of Independence
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Birth of the USA
1776 – Declaration of Independence
1781 – Articles of Confederation
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Articles of Confederation
War isn’t over yet13 Colonies ratify the Articles
Create a confederacyAfraid of tyrannical government
They failed to form a nation despite gaining independence
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Problems with the Articles
No Executive Branch
No Judiciary
Legislature was a talking shop
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Birth of the USA1776 – Declaration of Independence
1781 – Articles of Confederation
1787 – Philadelphia Convention
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Philadelphia Convention
55 Delegates from 12 of 13 States in May 1787
It took 4 Months
Had to create a strong government whilst protecting
freedoms
Rhode Island
I'm Suspicious about this
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WEAK GOVERNMENT MEANS
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Philadelphia Convention
Virginia PlanStates with large
populations
New Jersey PlanStates with Small
Populations
Connecticut Compromise
Bicameral System One according to Population
One represented Equally
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The Articles
III
III
IVV
VI
VII
Legislative Branch
Executive Branch
Judicial Branch
Federal – State & Interstate RelationshipAmendment Process
Misc. Provisions
Ratification procedure
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Birth of the USA1776 – Declaration of Independence
1781 – Articles of Confederation
1787 – Philadelphia Convention
1789 – George Washington elected
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Birth of the USA1776 – Declaration of Independence
1781 – Articles of Confederation
1787 – Philadelphia Convention
1789 – George Washington elected
1791 – Bill of Rights
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Bill of Rights 1791
First 10 Amendments known as Bill of Rights
Proposed by Congress Sept 1789
Ratified by States December 1791
Designed to protect against an all powerful federal government
17 Further Amendments have been passed since
1791
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Rights Established
No.
I Freedom of Speech
II Right to Keep and Bear Arms
III No quartering of soldiers
IV No unreasonable search and seizure
V Due Process
No.
VI Speedy and public trial
VII Trial by jury in civil cases
VIII No Cruel and Unusual Punishment
IX Other rights of the people
X Power not delegated to Fed. Govt. are reserved to the States or people
Issues: Where does the Death Penalty sit with the 8th Amendment? Does the Elastic Clause supersede the 10th Amendment?
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Proposed Amendment
Vote in the House 2/3 Majority
Required
Vote in the Senate 2/3
Majority required
Votes in State Legislatures
Passed by ¾ of all State
Legislatures
Constitution Amended
Amending the Constitution
Founding Fathers wanted it
to be difficult to amend
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Notable Amendments
13th Slavery Abolished (1865)14th Equal Protection and due process clause (1868)15th Blacks given the right to vote (1870)16th Income Tax (1913)22nd Two term presidential limit (1951)25th Presidential succession procedure (1967)
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Notable Attempts to AmendAmendment House Senate
Flag Desecration (05/06)
286-130 Yes 66-34 No (1 vote short)
Balanced Budget (95) 300-132 Yes 65-35 No
Super Majority to increase taxes (2002)
227-178 No N/A N/A
During Clinton’s Presidency there were 17 votes on constitutional amendments. All the votes happened under a Republican Congress
Amendment House Senate States
Equal Rights for Women (1972) Yes Yes 35/50 (3 short)
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Separation of Powers
Political power is distributed among the three branches of government, all acting independently and interdependently Powers are shared through a series of checks and balances
Executive Branch
Judicial Branch
Legislative Branch
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Synoptic Links
Separation of Powers• UK has a fusion of powers• Members may sit in more
than one branch• Until the CRA 2005 the Lord
Chancellor sat in all three branches
Legislative & Executive
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Limited Government
The size and scope of the federal government should be limited to only what is necessary
Limited Govt.
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Checks & BalancesEach branch exercises power and control over the othersIt supports the idea of Limited Government
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Checks on Legislature
• Recommend legislation for passage• Veto (Pocket and Official)
By Executive
• Judicial Review
By Judiciary
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Checks on Judiciary
• Appointment of judges• Pardon
By Executive
• Impeachment trials and removal from office
• Proposition of constitutional amendments
By Legislature
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Checks on Executive
• Amend/Delay/Reject legislation• Veto Override• Power of the Purse• Declaration of War• Ratification of Treaties• Confirmation of Appointments• Congressional Committee Investigations• Impeachment
By Legislature
• Judicial Review
By Judiciary
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Checks and Balances Examples
• Supreme Court Appointments– Robert Bork (1987) [FAILED]– John Roberts (2005)– Sonia Sotomayor (2009)
• Amendments– Education Reform Bill 2001 – Heavily Amended
• Legislative Blocking– Clinton’s Healthcare programme 1993-94– Increasing Minimum Wage
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FederalismA theory by which political power is divided between a national and state government, each having their own jurisdiction
It focuses around decentralisation
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Federalism & The Constitution
Shown through Enumerated Powers
Shown through implied powers also
Elastic ClauseConcurrent Powers such as Taxation
10th Amendment States Rights!
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Dual Federalism
1780-1920•Associated with a collection of ‘unknown presidents’
Large Focus on States Rights•Federal Government limited to Money, War and Peace
Layer Cake Federalism•Divisions in Political Power are Clear Cut
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Cooperative Federalism
1930s – 1960s•Franklin Roosevelt, Harry Truman, John Kennedy, Lyndon Johnson•Majority of the Presidents were Democrats
New Departments•Defence (1949), Health, Education, & Welfare (1953), Transportation (1966)
Large Increase in Categorical Grants•Grants allocated to states by Federal Government for specific projects
Marble Cake•Division in Political Power are less clear cut
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New Federalism
1970s-2000•Nixon, Ford, Reagan, Bush and Clinton•Majority of the Presidents were Republicans
Shift back to State Power•The Federal Government did not create the States; the States created the Federal Government
Large Increase in Block Grants•Grants allocated to states by Federal Government for non specific purposes or general areas
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An Ever Changing Concept• Westward Expansion– From 13 colonies to 50
• Growth in Population– 4million in 1790 to 275million in 2000
• Industrialisation– Need for Government Regulation
• Communication– As the nation grew, it shrank
• Events– The Great Depression
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An Ever Changing Concept
• Foreign Policy– Second World War caused the need for centralised
planning• Supreme Court Decisions– Decisions on the meaning of the constitution alter the
role of the Federal Government• Constitutional Amendments– These can alter the powers of States or Federal
Government
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Federalism Under Bush
Government spending increased by 33% in 01-05– Iraq War– Homeland Security– Expansions of Medicare
& Education• No Child Left behind
– Wall Street and Banking Collapse
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Federalism Under Obama
Expansion of Federal Government Role• Obama Care• GM BailoutsBUT:Willing to allow states to pursue goals – pollution permits in CaliforniaHowever:Only does this when it suits him to do so!
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FederalismPros Cons
Permits Diversity Can hide economic and social inequalities
Pluralistic Frustrates the national will, making solutions to problems harder
Increased protection of individual rights Constant source of conflict between states and government
States becomes ‘policy labs’ e.g. Pollution permits in California
Overly bureaucratic, therefore creating a costly system that is resistant to change
Well suited to geographically large nation
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Constitution Synoptic Links
UK Constitution is uncodifiedUnitary system of governmentFusion of Powers Parliamentary Lower levels of democratic participation UK becoming somewhat more Federalised with the EU
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Session 2The Judicial Branch of
the US
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The Judicial Branch
Constitutional RolePower of Judicial ReviewAppointments Political SignificanceProtection of Citizen’s RightsRelationship with Other
Branches
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Supreme Court & The Constitution
Judicial Branch is Article ThreeSection 1 sets the
Supreme Court out as the only Judicial Power
No provision for number of Supreme Court justicesNo mention of Judicial
Activism
Congress can ‘ordain and establish’ new courts
Judges shall hold their office for life in ‘good
behaviour’
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Structure of Federal Courts
Supreme Court sits at the top of the Federal Court systemCourt rejects 96% of the Cases brought to it
Lower courts hear majority of cases
United States Supreme Court
US Court of Appeals
US Court of Appeals
1 Court – 9 Justices
1 in each of 11 circuits1 in DC
1 Federal Circuit
1 in each 94 districts
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Membership of the Supreme Court
8 Associate Justices 1 Chief JusticeAll have an ideological stance
Number is set by Congress FDR threatened to ‘pack the court’ when they continually struck down New Deal legislation
Life tenure in good behaviour
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Justice Date Appointed Sitting President Ideological Balance
Chief JusticeJohn Roberts
2005 George W Bush (R) Right Leaning
Associate Justices
Antonin Scalia 1986 Ronald Reagan (R) Right Leaning
Anthony Kennedy 1988 Ronald Reagan (R) Swing Vote
Clarence Thomas 1991 George H W Bush (R) Right Leaning
Ruth Bader Ginsburg 1993 William J Clinton (D) Left Leaning
Stephen Breyer 1994 William J Clinton (D) Left Leaning
Samuel Alito 2005 George W Bush (R) Right Leaning
Sonia Sotomayor 2009 Barack H Obama (D) Left Leaning
Elena Kagan 2010 Barack H Obama (D) Left Leaning
Membership of the Supreme Court
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The Roberts Court
John Roberts
Antonin Scalia Anthony Kennedy
Clarence Thomas
Ruth Bader Ginsburg
Stephen Breyer
Samuel Alito Sonia Sotomayor
Elena Kagan
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Left Right
The Ideology of the Roberts Court
John RobertsAntonin Scalia
Anthony Kennedy
Clarence Thomas
Ruth Bader Ginsburg
Stephen Breyer
Samuel AlitoSonia
Sotomayor Elena Kagan
SWING VOTE
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Judicial Philosophy
President’s often want to appoint Justices that fit their own ideological image
Reagan: Bork, ScaliaObama: Sotomayor, Kagan
Justices are often seen as ‘conservatives’ or ‘liberals’There are more classifications
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Constructionist
Strict ConstructionistInterprets the Constitution in a literal or ‘strict’ way, look at the original intent of the Founding Fathers. Favour States rights over Federal Government. Tend to be labelled as ‘conservatives’
Loose ConstructionistInterprets the Constitution in a loose way, in which they ‘read between the lines’. They look at the context of the issue and the constitution. Favour federal government power over that of states power and rights. Tend be labelled as ‘liberals’
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Activism and Restraint
Judicial ActivismJustices should use their position to promote desirable social ends. Activist courts have a large docket
Judicial RestraintJustices should not ‘legislate’ from the bench, leaving this to the legislature and executive. Greater stress should be placed upon the precedent set by previous courts. Restrained courts have a smaller docket
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Appointments Process
Vacancy Occurs
Search is Instigated
FBI Background Checks
Senate hearings and confirmation
Death, Retirement or Impeachment
Advice sought from:• Advisors• Congress• Professional Bodies
Nominees can come from:• Lower Courts• Executive Branch
Legislative Branch• Academia
FBI Checks and interview with the President. ABA gives an informal ratingClarence Thomas is the last nominee to receive lower than perfect
SJC holds hearings for the candidateSometimes candidates withdraw if hearing is bad
Vote on the floor. If committee rules against, Senate typically will
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Notable Appointments
Earl WarrenAppointed by
Eisenhower who said it was the
biggest god dam mistake of his life
Robert BorkReagan’s
controversial nomination, the
subject of a negative ad
campaign. Failed to confirm
David SouterAppointed by
George H W Bush he has turned out to be one of the
most liberal members of the
Court
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Why is this important?
Presidents seek to leave a legacy in the courtOne of their ideological persuasion
The Court will outlive the Presidency
Examples:Reagan & George H W Bush placed right leaning judges on the Court – Bush v Gore 2000?
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Judicial Review
No constitutional basis for this power
Found in Marbury v Madison 1803Allowed the Court to rule:• Acts of Congress• Executive Actions• State Law
UNCOSTITUTIONAL
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The Courts you Need to KnowYear Court Year Court Year Court Year Court1953
Warren Court
1968 Warren Court
1983
Burger Court
1998
Rehnquist Court
1954 1969 1984 1999
1955 1970
Burger Court
1985 2000
1956 1971 1986
Rehnquist Court
2001
1957 1972 1987 2002
1958 1973 1988 2003
1959 1974 1989 2004
1960 1975 1990 2005
Roberts Court
1961 1976 1991 2006
1962 1977 1992 2007
1963 1978 1993 2008
1964 1979 1994 2009
1965 1980 1995 2010
1966 1981 1996 2011
1967 1982 1997 2012
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Plessy v Ferguson 1856
Upheld segregation as constitutional with the reference to separate but equal
Arose from the Louisiana Separate Car Act for Rail carriages
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Brown v Board of Education 1953
This case overturns Plessy v Ferguson 1896
Established that separate was inherently unequal in the provision of facilities
Paved the way for integration
Ruled on through the Equal Protection Clause of the 14th Amendment
WARREN
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Mapp v Ohio 1961
Ruled that evidence obtained in the violation of the Fourth Amendment cannot be used in court
Arose from a dispute in Ohio which police didn’t have a warrant and found large amounts of pornography
WARREN
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Engel v Vitale 1962
Ruled that it is unconstitutional for school prayers in public schools
This violates the First Amendment
This was the basis for more cases such as Wallace v Jaffree which banned meditation in Alabama
WARREN
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Gideon v Wainwright 1963
Under the Sixth Amendment right to counsel is a fundamental right
States must provide defence counsel should the defendant be unable to afford it
WARREN
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Griswold v Connecticut 1965
Protected the right to Privacy
Connecticut law prohibited the use of contraception
Supreme court ruled that it violated the right to marital privacy
Does the constitution provide for a right to privacy specifically?
WARREN
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Miranda v Arizona 1966
Ruled that the accused must be read their legal rights prior to questioning by the police
Basis is the fifth amendment which protects against Self Incrimination
WARREN
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Roe v Wade 1973
Ruled that abortion was legal in the first trimester
Found on the right to Privacy under the due process clause of the 14th Amendment
Texas law made it illegal to assist a woman to get an abortion
Is this legislating from the Bench?
BURG
ER
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United States v Nixon 1974
Ruled that no person not even the President is completely above the lawAlso ruled that the President cannot use executive privilege as an excuse to withhold evidence in criminal trials
Started the ball rolling on Nixon Impeachment
BURG
ER
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Planned Parenthood v Casey 1992
Rules on abortion in Pennsylvania were challenged
The court upheld the right to an abortion but ruled that 1 out of 5 restrictions was unconstitutional
Pennsylvania State made patients go through many ‘hoops’ before an abortion
REHN
QU
IST
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Clinton v City of New York 1998
Ruled that the Line Item Veto from the Line Item Veto Act of 1996 was unconstitutional as it gave the President power to amend legislation duly passed by Congress
43 States give Governors the power of Line Item Veto
Line Item Bill appeared in the House in Feb 2012
REHN
QU
IST
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George W Bush v Albert Gore 2000
Votes in Florida were close Supreme Court ruled that manually recounting a precinct was wrong and the entire state must be recounted
Proper recounting by deadline of Dec 12 would be unconstitutional
Decision handed down on Dec 11
REHN
QU
IST
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Gonzales v Carhart 2007
Court upheld the Partial-Birth Abortion Ban of 2003
It did not impose a burden on the ability to have an abortion as presented under Roe V Wade and Planned Parenthood v Casey
Shown as a turning in the conservatism of the Roberts Court
ROBERTS
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National Federation of Independent Business v Sebelius 2012
Court upheld Affordable Care Act requiring Americans to purchase Health Insurance by 2014
Roberts ruled that a mandate to buy insurance was an exercise of Congress’ power to collect taxes
ROBERTS
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Case VisualisationYear Case Year Case Year Case Year Case1953 Brown v BoE 1968 1983 1998 Clinton v NY1954 1969 1984 1999
1955 1970 1985 2000 Bush V Gore1956 1971 1986 2001
1957 1972 1987 2002
1958 1973 Roe v Wade 1988 2003
1959 1974 US v Nixon 1989 2004
1960 1975 1990 2005
1961 Mapp v Ohio 1976 1991 2006
1962 Engel v Vitale 1977 1992 PP v Casey 2007 Gonzales v Car1963 Gideon v Wain 1978 1993 2008
1964 1979 1994 2009
1965 Griswold v CT 1980 1995 2010
1966 Miranda v AZ 1981 1996 2011
1967 1982 1997 2012 NFIB v Sebelius
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Hollingsworth v Perry 2013
California’s Prop 8 Case:CSC ruled Same Sex Marriage legal in 2008
Prop 8 Banned them
Opponents are seeking a court ordered expansion of traditional marriage Case is on-going – May appear
before the Court
ROBERTS
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Judicial Synoptic Links
UK Judiciary are far less partisan and far less powerful Appointments go through Judicial Appointments
Commission rather than Senate or Parliamentary Hearings
Parliamentary Sovereignty undermines UKs judicial power
Can’t rule on constitutionality but only make a declaration of incompatibility
Judges must retire at aged 70
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Session 3The Legislative Branch
of the US
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The Legislative Branch
Constitutional RoleCompositionDifferences between HousesImportance of the PartiesRoles of CongressRelationship with
Government and Supreme Court
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Congress & The Constitution
Congress is Article OnePowers outlined in this
are known as Enumerated powers
Section 8 – Final ClauseElastic Clause
If Article One references Congress surely it is the most
important branch?
Divides Congress into twoHouse of RepresentativesSenate
Bicameral System is known as the
Connecticut CompromiseHouse Elected via Popular Vote
Senate indirect elected until 1914
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Concurrent Powers of Congress
Equal Legislative PowerOverride Presidential VetoInitiate Constitutional AmendmentsDeclarations of WarConfirm appointed Vice Presidents
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Declared Wars
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Elastic Clause
“to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested in this Constitution in the Government of the United States, or in any department or officer thereof”
Article 1, Section 8, Final Clause
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House of Representatives
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Make up of the House
435 Seats
200 Democrats
232 Republicans
3 Vacant
Each member represents a ‘Congressional District’States are given a number of districts in proportion to their populationHouse is presided over by the Speaker of the House
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Key Demographics
Gender Balance: Male 82% Female 28%Ethnicity:African American 41Asian 7Caucasian 336Hispanic 27Not Stated 22Other 5
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Powers of the House
Known as Exclusive Powers• Initiate Money Bills– Power of the Purse
• Impeachment– Voted to impeach Clinton in 1998
• Elect a President should the Electoral College Deadlock– John Quincy Adams elected President in Deadlock
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Speaker of the House
• Presiding Officer of the House
• Second in Presidential Succession
• Leader of Majority party in the House normally becomes Speaker through ballot
• No requirement that the Speaker be a member of the House
John Boehner (R) Ohio 8th District
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Role of the Speaker
Notably Partisan RoleSpeaker doesn’t typically debate or vote unless it’s closeResponsible for the passage o legislation and which will make it to the floor
Speaker normally designates to someone else to preside over the proceedings in the HouseResponsible for maintaining decorum in the House
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House Leadership
John Boehner (R) Ohio 8th District
Eric Cantor (R)Virginia 7th District
Nancy Pelosi (D)California 12th District
Speaker Majority Leader Minority Leader
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Majority & Minority Leaders
• Elected via closed door party caucus every Congress
• Represent the Party • Liaison between
Congress and White House
• Day to Day director of Operations on the House Floor
Leaders More Important in The Senate
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Running for the House
Elections are every 2 years (all elected)
US Citizens for 7 years
Must be a resident in representative stateCandidates must be at least 25 years old
Some states may impose a locality rule
You need to first secure the nomination from your PartyYou may need to win a Primary Election You May be challenged as an incumbent
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Congressional Districts
The House has 435 SeatsThese are given to states depending on
population, roughly 700,000 people in each district
Every 10 years after a census the number is changed per state
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Congressional Districts
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Gerrymandering
• Gerrymandering is a form of redistricting in which electoral districts boundaries are deliberately modified for electoral purposes, thereby producing a contorted or unusual shape.
CGP Grey Explains:•Gerrymandering
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Gerrymandering
Negative: when used to allege that a party is gaining disproportionate power – packing districts with hardcore support form one party, creating wasted votes.Positive: producing a proportion of constituencies with an African-American or other minority in the majority (these are then called "minority-majority districts").
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Some Brilliant Gerrymandering
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US Senate
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Make up of the Senate
100 Seats
53 Democrats
45 Republicans
2 Independents
Each member represents a StateStates are allocated 2 Senators eachThe two Independents caucus with the Democrats, thus bringing Democrat majority to 55
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Key Demographics
Gender Balance: Male 80% Female 20%Ethnicity:African American 2Asian 1Caucasian 93Hispanic 2Not Stated 2
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Voting in the States
1 from each Party Both Democrats Both Republicans 1 Ind. & 1 Dem 1 Ind. & 1 Rep
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Running for the Senate
Elections are every 2 years (1/3 of Senate)
US Citizens for 9 years
Must be a resident in
representative state
Candidates must be at
least 30 years old You need to first secure
the nomination from your PartyYou may need to win a Primary Election You May be challenged as an incumbent
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Powers of the Senate
Exclusive PowersConfirm Appointments– Supreme Court Nominees, Executive
Appointments
Ratify Treaties– Failed to ratify 1919 Treaty of Versailles
Try in Cases of Impeachment– 1998 Bill Clinton
Elect VP in Case of Electoral College Deadlock
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Senate Leadership
Patrick Leahy (D)Vermont
Harry Reid (D)Nevada
Mitch McConnell (R)Kentucky
President Pro Tempore Majority Leader Minority Leader
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Filibuster
A device by which a Senator or Group of Senators can attempt to talk a bill to death by using delaying tactics.
Strom Thurmond 1957 Filibustered a Civil Rights Bill for 24hrs 18mins
Rand Paul 2013Attempted to stop John Brennen’s appointment as CIA Director: 12hrs 52mins
Power is derived from a Senator’s right to unlimited debate
If 3/5 of the House vote to end a filibuster it is known as a Cloture Motion
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Which is Better?
Senate• Longer terms• Represent entire state• Easier to achieve more public
recognition• More powers• Trying the accused• More committee places• Projection to a Presidency• Vote is worth more so bargaining
more common• More likely to get a piece of the
action
BUT! • House Controls money bills
‘Power of the Purse’• Equal pay• Equal legislative power
DEMOCRATSLast 15 Vice Presidential Nominations: 14 were Senators
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Passage of a Bill in Congress
• Concurrent Passage through Congress– Through both House and Senate
Problems:• Concurrent Passage means there will be
differences
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First Reading
A formality – There is no debate and no voteTypically thousands of bills are introduced
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Committee Stage
Congressional Standing Committees decide on which bills they are going to ‘hear’Many bills will not get a hearing and are said to be ‘pigeon holed’Pork Barrelling happens in this stageCommittees are normally filled with experts or specialistsBills may die if they can’t get reported out such as Clinton’s Healthcare Reforms
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Timetabling
House of RepresentativesThe House Rules Committee makes the decisions on which Bills make it to the floor and how long they will be debated for.
SenateThis is done by Unanimous Consent AgreementMeaning Senate Leadership agree on which bills will make it to the floor
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Second Reading
House of RepresentativesMembers debate and vote on the bill in the form that comes from the committee
SenateMembers debate and vote on the bill in the form that comes from the committeeHere a bill may end up being filibustered
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Third Reading
House of RepresentativesFinal opportunity to debate the bill. Debate would tend to small before the vote
SenateFinal opportunity to debate the bill. Debate would tend to small before the vote
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Conference Committee
Due to concurrent passage of the bills different bills will be produced. A conference committee was typically used to reconcile the two bills.Typically only 10% of bills go this route now
Congressional Leadership now typically reconcile the bill.
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Presidential Action
3 OptionsSign Bill in to LawLeave it on the Desk – Becomes law after 10 daysVeto – Sent it back to CongressPocket Veto – within the last 10 days of Congress an unsigned bill will die
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Congressional Committees
Most important part of the Legislative Process
Members of Congress will seek assignment to committees so they can get pork projects for their constituentsWashington State members will seek Defense Committee seats
Unlike the UK the committee stage is before the 2nd Reading
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Functions of CommitteesBranch of Congress Function
Senate & House Conduct the Committee Stage in the passage of a billE.g. 1993 Bill Clinton’s Healthcare reform
Senate & House Conduct investigations into the area of that committeeE.g. Senate Foreign Relations Committee – NATO Enlargement
Senate ONLY Confirm some appointments such as Supreme Court Judges, Cabinet PostsE.g. Robert Bork or Clarence Thomas
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House Rules Committee
The Traffic Cop of the HouseIt’s job is prioritising the bills for votes on the floor of the HouseIt can attach time limits and rules to the debates of a bill13 Members
9 Majority Party4 Minority Party
Pete Sessions TX (R)
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Select Committees
Known as ‘Special’ or ‘Investigative’Formed on an ad hoc basis for a particular issueTend to investigate an issue that would either:a) Take up too much time in standing
committeeb) Come under many different
committees
Iran-Contra or 9/11 are notable examples
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Committee Chairs
Always come from the Majority PartyUsed to be done by Seniority RuleNow elected through secret ballots
6 year term limits imposed by Republicans in the 1990s
Seniority Rule: Chairs of congressional standing committees will be from the majority party and be the longest continuous service on that committee
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Why is Party Discipline so weak?
“Lack of Tasty Carrots and Sizeable Sticks”
On Capitol Hill the Lobbyists and Electorate rule
Congressmen generally pay a lot of attention to what the folks back home say, they are very concerned with getting themselves re-elected
Interest Groups play a massive part in this
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Legislative Synoptic Links
UK is an unbalanced bi-cameral systemParties are far more dominant (whipping)Members of the Executive are in the Legislature Legislative process is slightly different
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Session 4The Executive Branch
of the US
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The Executive Branch
Constitution & Executive Branch
Presidential PowerLimitations & ConstraintsPower and Influence:
Cabinet EXOP
Federal Bureaucracy & Federal Agencies
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Executive & The Constitution
Found in Article 2All executive power is
vested in one President
Commander in ChiefCabinet not a requirement
Electoral College outlined Term limits added via amendments
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Some Key Presidents
George Washington•First President •Bill of Rights•Two term conventionAbraham Lincoln•Abolished Slavery•President during Civil War
Franklin D Roosevelt•Longest serving 12 years•The New Deal
Richard M Nixon•Watergate•New Federalism
Ronald Reagan•Iran-Contra Affair•Robert Bork – SC Nominee
Bill J Clinton•Failed Impeachment•Failed Healthcare Reform
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Some Key Presidents
•9/11•Anti terror legislation•Education & AIDS•War on Terror•2008 Financial Crisis
George W Bush
•Obamacare•Gun Control•Immigration Reform•Osama Bin Laden•Bailouts
Barack H Obama
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Role of the President
Head of State
Chief Diplomat
Chief Legislator
Commander in Chief
Chief Executive
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Increasing Role of the President
Only national political institution that can act quickly and decisively in times of crisis
Only nationally elected politician – claim a mandate
EBBS AND FLOWSCrisis – Flows towards POTUSPeace – Congress Reasserts itself
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Powers of the President
• Propose Legislation– Bush – No Child Left Behind
• Submit the Annual Budget• Sign Legislation• Veto Legislation
– Bush Stem Cell Research• Act as Chief Executive• Nominations Chief• Commander in Chief• Negotiate Treaties • Pardon
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Power of Veto
Presidents can veto legislation, i.e. not make it lawStandard Veto
Sends it back to CongressPocket Veto
Doesn’t sign within last 10 days of CongressLine Item Veto
Power to veto certain parts of legislation, ruled unconstitutional by Clinton v New York 1998
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The Power to Persuade
Why only persuade:Cabinet is not a reward to Congress due to the separation of powers Lack of an honours system in the US unlike the UKCan’t remove the whip
Who Persuades: VP EXOP (Office of
Legislative Affairs) Party Leadership Interest Groups
Neustadt:Presidential Power is the Power to Persuade
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The President Persuades
Sometimes the Presidents wades into the persuasion personally
Phone CallsBudget Vote 1993 Clinton rang Marjorie Margolies
Mezvinsky to get her to cast her voteSupport LegislationCampaign in District
Only if Popular!!!!
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Vice President of the United States
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Vice President
The most insignificant office that man has ever imaginedJohn Adams (1733 – 1826) – First VP
First Vice President’s were the people who came second in a Presidential Race
The role as moved on since its formation in the early days
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Modern VP Candidates
VPs chosen through a Joint Ticket System
A balance ticket is often crucial in electionsBalance can be in the form of Experience, Ideology, Age, Region.
Are race and gender now important as well?
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Enumerated Powers of the VP
Presiding Officer of the Senate•Votes in Senate Deadlocks•Cheney voted to protect Bush's $1.6bn tax cut
Announces Electoral College Votes•January 2001 – Al Gore announces his own defeat
First in line of Succession•If President dies, resigns or is removed from office•Has happened a total of 9 times
Acting President•25th Amendment: Cheney was President for 2 hours whilst Bush was sedated
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However... Powers have IncreasedSince Eisenhower the Vice Presidency has been a breeding ground for PresidentsMany distinguished politicians battle for the role – Bush Senior, Joe Biden
Presidents give VP more responsibility and some become advisorsVPs now see daily intelligence briefings and all have an office in the West Wing
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Additional Powers
VPs are now a major spokesperson for the administration– Gore: Environment– Cheney: Foreign Policy
The VP is a major fundraiserVPs can play the ‘Washington Insider’ guiding POTUS
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Cheney as Vice President
Portfolio Contained the Iron Issues Economic Issues Security Issues Energy Issues Party Caucus
The Most Powerful Vice President in History
The President and I have a different understanding
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Biden as Vice President
Less powerful relatively than Cheney
Focus on Foreign Policy
Washington Insider Senate Judiciary
Committee 36 years as a Senator
He was the Second poorest member of Congress
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The US Cabinet
15 Heads of Department+ Vice President+ Director of OMB
No constitutional requirement
StateJohn KerryTreasuryJack LewDefenseChuck HagelAttorney GeneralEric Holder
The advisory group selected by the President to aid him in making decisions and coordinating the work of the Federal Government. Membership is at the pleasure of
the President
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Frequency of Meetings
Varies between President to President.
Reagan in his first year held 36 Meetings
Meeting number tends to decline towards an election year as election demands eat into his time
George W Bush’s MeetingsYear Frequency
2001 9
2002 5
2003 8
2004 6
2005 5
2006 6
2007 4
2008 5
2009 1
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Functions of the CabinetFor the President
Team Spirit
Consensual
Information Gathering
Debate
Big Picture
See all Departments
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Functions of the CabinetFor the Cabinet
Get to know
Resolve Disputes
Contact Points
Catch the President
Increased Standing
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Cabinet Synoptic Links
UK:Cabinet members sit in the legislature Cabinet posts are part of the PM’s powers of PatronageMPs want to be in CabinetCollective Ministerial Responsibility
USA:Cabinet members must only be in the executiveNot a reward, more of a final posting before retirementNo Collective Ministerial Responsibility
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Federal Bureaucracy
Similar to the UK Civil Service the Federal Bureaucracy is the back bone of the US Government. They carry out policy and work out the finer details of the bills passed by Congress
2.7million employees
$13.8 billion payroll
11% of employees in
DC
Roughly 900 Departments
Unelected, Administrative Body in the Executive Branch, set out into departments agencies and commissions. They carry out policy on a day to day basis.
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Federal Bureaucracy
Executive Departments
Department of the
Treasury
Executive Agencies
Federal Bureau of
Investigation
Independent Regulatory
Commissions
Federal Election
Commission
Government Corporations
United States Postal Service
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Problems with the Bureaucracy
Clientelism
• Agencies serve the interests of those the are supposed to be overseeing• Lap Dogs rather than Watchdogs
Imperialism
• Agencies seek to expand their own power at the expense of other agencies • Turf Battles
Incrementalism
• Agencies may act slowly and cautiously, with a nature to resist change• Argument very similar to the UK Civil Service
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Iron Triangles
Strong relationship between three political bodies• Interest Groups• Congressional
Committees• Agency
Generally considered as having a negative impact on policy
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Iron Triangles Example
Department of Defense
Defense Committees
Defense Contractor
Elec
tion
Dona
tions
Support for Dept.
Favours and Less Regulation
Support Dept.
Low
Reg
ulati
on
Low
Ove
rsigh
t Execution of
Policy
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Executive Office of the President
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Executive Office of the President
Formed in 1939 as a result of the Brownlow Committee
“The President Needs Help”
Expansion of Federal Government
Top staff agencies in the White House that give the president advice and support in his role. It focuses on coordination,
personnel management and advice giving
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Executive Office of the President
Office of Management and
Budget
National Security Council
White House Office(The West Wing)
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White House Office
Most trusted advisors and aides
Chief of Staff
Press Secretary
Director of Communications
Cabinet Secretary
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White House Office
Liaison between President and Federal Bureaucracy and Cabinet
Liaison between President and Congress Screening of Telephone calls Screening of Documents Advisory Role Draw up Presidential Schedule ‘Lightening Conductors’
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Remember this is just the Public Schedule,WHO will create a more private one
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White House Office Staff
President chooses them
‘Honest Brokers’
Staff should be following the Presidents Agenda,Not their own, like Sununu may have been
Should not be in the media spotlight
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The Chief of Staff
Head of EXOPMost Crucial Role‘Deputy President’Gate Keeper to the Oval
Protect the interests of the President and advise him accordingly
A Chief of Staff’s power is will depend on how strong they are
Denis McDonough
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The Chief of Staff
Bob Halderman• Richard Nixon
John Sununu• George H W Bush
Mack Mclarty• William J Clinton
Leon Panetta• William J Clinton
Andrew Card• George W Bush
Rahm Emanuel • Barack Obama
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Office of Management and Budget
Created by Nixon in 1970
Oversees the spending by all Federal departments and agencies
Advises the President on the allocation of Federal Funds
Director is the only Senate confirmed position within EXOP.
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National Security Council
Headed by National Security Advisor
Nixon politicised the way in which worked, running Foreign Policy through Kissinger from the West Wing
Clinton returned it to its honest broker role
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EXOP v Cabinet
From EXOP Perspective
Regard Cabinet as too distant and disloyal from the President
From Cabinet Perspective See EXOP as too close
and too loyal to the President
Large rivalries existed during the Nixon Years as EXOP ran Foreign Policy with Henry Kissinger as National Security Advisor instead of the State Department
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Why?
NSA Office
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Why?
US State Department
White House
1.7 Mile Journey between the twoNSA – 30 seconds from the Oval
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An Imperial President?
Term Originates from the 1970s by Schlesinger
Focuses on abuse of power by Johnson and Nixon
EXOP becomes the Court of an Emperor
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Why?
Executive branch dominates over the other branches
Presidents craft Foreign Policy as Commander in Chief and use the vagueness of the Constitution to go to War
Johnson and Nixon personified this
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Evidence
1964 Gulf of Tonkin Resolution giving Johnson a ‘blank cheque’ for Vietnam War
Nixon – Wire tapping, bombing of Laos and Cambodia, executive privilege claims
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Imperilled Presidency
However it can be imperilledPresident Ford is a good example• Lack of Party leadership in Congress• Unable to control Federal Bureaucracy
A principal weakness in the presidency is the inability of the White House to maintain control over the large federal bureaucracy. G . Ford
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‘Bifurcated’ presidencyIt can be argued that the presidency is almost like two separate roles, with different levels of power:• Foreign policy – almost unchecked power• Domestic policy – hugely constrained by Congress
• So is Congress ‘too effective’ a check and balance domestically, yet too weak on foreign issues?
Clinton was easily able to send troops to Bosnia and Kosovo, whilst he couldn’t pass his healthcare bill
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However!There are contrasting examples too; • Foreign policy – Congress dried
up funds for the Vietnam conflict under Ford (power of the purse)
• Domestic policy – FDR was able to pass much legislation in the 1930s (New Deal), as was Johnson (Great Society)
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George W BushYes No
Presidential Authority – Only response in War on Terror
Congress refuses to extend Patriot Act
Many in Administration saw Congress as below the White House in National DefencePassing of Anti Terror Legislation (Patriot Act)
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Executive Synoptic LinksUK Fusion of Powers vs US Separation of Powers Importance of CabinetUK PM stronger domestically than US PresidentUS President stronger on foreign policy than UK PMUK PM has bigger sticks and tastier carrotsUS Term limits vs no limits on PM tenureUK PMs can be presidential whereas US President’s can be
imperial
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Exam success is not a lottery!
Know your terms
Know the Articles
Know the Examples
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Answer the question, the whole question and nothing but the
question
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Good Luck
Monday 10th June09:00