U.S. CONGRESS

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U.S. CONGRESS I. Constitutional Provisions
Exogenous Structural Rules - Congress as First
Branch powerful important A.
Organizational Structure Bicameral 1.
House of Representatives - 2-year term
- direct election - population-based
representation (reapportionment) - chooses own
leader (Speaker of the House) 2.
Senate - 6-year term
- originally indirect, now direct election
(17th amendment) - state-based
representation - leader imposed by
Constitution Vice President (President of the
Senate)
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I. B. Temporal Structure 1. Two-year
congress - between elections - current 111th
Congress, 1st Session 2. All internal rules
adopted at start of new congress 3. All bills
must pass within a congress or they die C.
Important Powers (Enumerated) 1. Tax (H.R.
initiates) 2. Appropriation (Spend
Money) 3. Regulate Interstate
Commerce 4. Declare War 5. Organize
Judicial and Executive Branches 6.
Confirm Executive Judicial Appointees (Senate)
7. Removal Power of Executive and
Judicial Officials 8. Can Elect
President (H.R.) Vice president (Senate)
9. Necessary and Proper Clause
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II. Membership A. Describing the Members
of Congress 1. Demographic
Characteristics a. descriptive vs. policy
representation (shared traits vs. shared
views) b. delegate vs. trustee
representation (represent constituents
views vs. own judgment) 2. Incumbents
a. 90 success for those seeking
reelection 2006 H.R. seats 11
competitive, 0.25 toss up b. but
15 turnover rate due to retirements
c. consequently only 10-15 serve 20 years
B. Member Goals and Their Implications
1. Reelection (impact of Seniority Rule)
2. In-house Influence 3. Make Good"
Policy
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II. C. How Members Get Selected 1.
Single Member Plurality Districts System a.
"one-man, one vote" applied to House
Wesberry v. Sanders (1964) b. gerrymandering
2. Incumbency Advantage Name Recognition
a. claim credit (pork barrel) b.
casework (constituency service ) c.
position-taking d. government-funded
resources e.g., staffing, the franking
privilege e. campaign finance support
gt 3-to-1 advantage/challengers
under spend f. challenger intimidation
Quality Challengers wait for an
open seat g. Wild Card national trends e.g.,
Iraq War in 2006
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III. Institutional Characteristics (Endogenous
Rules) A. Committee System 1. Description
subsets of members authorized to perform
functions for the chamber investigate
issues, recommend bills, regulate legislative
process 2. Reasons for Committees
a. Workload ? specialization
b. Chairs ? power opportunities 3. Types
of Committees a. Standing one
chamber, permanent, reports bills gatekeepers
of the legislative process b.
Temporary (select or special) one chamber
investigates, usually does not
report bills c. Joint two
chambers, usually does not report bills
d. Conference Joint Temporary
reconciles House and Senate versions
of bill
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• III. A.4. Committee Functions (especially
  Standing)
• a. Conduct research collect/analyze
  information
• b. Provide expertise recommend bills to
  chamber
• c. Act as political agents build support for
  bills,
• modify bills to reduce opposition
• 5. Consequences of Committee System
• a. Fragmentation and Decentralization of
• Chambers Power to Subsets of Members
• b. Specialization of Members in Preferred
  Policy Issues
• c. Reciprocity of Influence Chamber Defers
  to
• Committees Judgments about Policy within
  
• Their Jurisdiction

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III. B. The Party System 1. Structure
hierarchical centralized within chambers
2. Leadership Task institutional Coherence
a. set chamber agenda
b. build coalitions within chamber
c. liaison with other chamber president
3. Leadership Powers a.
formal set by chamber at start of each congress
- run caucus that assigns
members to committees -
appoint party members to Rules Committee
- recognize speakers on the floor
- refer bills to standing
committees - appoint party
members to temporary committees b.
informal mainly informational advantages
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III. B. 4. Party System Effects Centralize
Authority a. Weak leaders lack
control over nominations b.
Natural cohesion similar constituency views
c. Source of national orientation
within chamber C. Changes in Power of
Committees and Parties (H.R.) - Endogenous
rules balance of power changes with changes
in members values 1. through 1900s Dominated
by Speaker of the House - members gain
power by obeying Speaker 2. 1910
Revolt against Speaker Seniority Rule -
members gain committee power through
seniority 3. 1920s-60s Committee Government -
ideological diversity within Democratic
majority - power reverts to committees
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III. C. 4. 1970s Subcommittee Government -
Committee chairs conservative, Members liberal
- Rule changes shift power to subcommittees
subcommittee bill of rights -
Consequences more
subcommittee autonomy
decline in role of seniority
decline in power of chairs 5. 1980s-00s
Strengthened Speakers Parties Why? -
Increased Ideological Homogeneity in Majority
Party Encourages Members to Trust Leaders
with Power - Minority Party Presidents
(Divided Government) Give Members an
Incentive to Trust Leaders with Power 6.
Summary Majority changes rules to reflect
changing preferences of Majority party
members
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IV. Congressional Processes A. The
Legislative Process 1. Bill
Introduction 2. Committee Action
a. hearings collect evidence,
receive testimony b. mark-up
session make changes c.
report bill (discharge petition)
3. Getting a Rule (H.R. only)
a. Amendments open, closed, modified
b. speaking time limits
4. Floor Action a. debate on
the floor - filibusters
(Senate only) - cloture b.
voting on the floor influences 1.
constituency, personal ideology 2. party
leaders, interest groups, presidents
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IV. A. 5. Conference Committee a.
reconcile differences in House and Senate bills
b. report revised bill to both
houses c. if both approve, sent to president
as an enrolled bill 6. Presidential
Action a. sign ? law
b. do not sign ? law after 10 days
(with Congress in session) c. veto
? no law - Congress overrides ? law
(with 2/3's vote in both houses)
d. do not sign pocket veto ? no law
(with Congress not in session)
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IV. B. Legislative Oversight Definition
actions designed to ensure that bills are
carried out according to Congress
wishes 1. committee hearings police
patrol strategy - deterrent effect
prevents problems - no problem, no
chance for constituency service 2.
casework fire alarm
strategy - solves problem after it
occurs - creates opportunities for
constituency service IV. C. Consequences of The
Legislative Process 1. Bias Toward
Status Quo 2. Decentralized
Decision-Making
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The U.S. Presidency I. Constitutional
Provisions Exogenous Rules A.
Organizational Structure 1. Separate
Branch/Separately Elected ? Autonomy 2. Unitary
Actor (vs. Plural Presidency) ? Decisiveness 3.
Election Rules a. Separate from Congress
b. Fixed Four-Year Term c. Indirect
Election Electoral College d. Difficult to
Remove Impeachment
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I. B. Important Powers Strong
Checking/Blocking Foreign Policy Powers
1. Veto (general and conditional) Checks
Congress 2. Pardon Checks Courts
3. Commander-in-Chief of Military 4.
Negotiate Treaties - Senate Ratifies 5.
Receive Ambassadors Weak Leadership
Domestic Powers 6. Nominate
Executive/Judicial Officers - Senate Confirms
7. Inform Congress Recommend Bills
8. Require Opinions of Departmental Officers
9. take Care that the Laws be faithfully
executed 10. Convene Special
Sessions/Adjourn Congress
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II. Development of the Presidency A.
Pre-Modern Presidency (1789-1932) 1. Three
Models of Presidential Behavior 1)
Restricted Model William Taft 2)
Stewardship Model Theodore Roosevelt -relies
on Implied Powers Doctrine 3) Prerogative
Model Abraham Lincoln 2. Baseline Restricted
passive, reactive to Congress - sign or
veto bills - execute laws 3. Exceptions
Stewardship proactive leadership - in
response to crises - in foreign policy
matters 4. Unique Prerogative unilateral
command power - in response to Civil War
- no other president makes these claims
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II. B. The Modern Presidency (1933
present) 1. Franklin Roosevelt Deals with Two
Crises 1) Great Depression economic
crisis - 1st 100 Days FDR Calls
a Special Session of Congress Lasts three
months Congress enacts 15 major laws,
creating the New Deal Programs -
1932 Realigning Election Democratic
Majority New Deal Coalition 2) World
War II justifies third and fourth terms 2.
FDRs Legacy The Modern Presidency 1)
Institutionalizes New Source of Authority
Public Approval 2) Institutionalizes New
Role Expectations The Stewardship Model
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III. The Presidential Selection Process Old
and New Styles A. Nominations (state-by-state
contests) 1. Old Style Caucus/Convention
System (1830s-1968) - most states party
elites nominate candidate - a few states
nonbinding primaries 2. New Style Direct
Primaries (1970s-present) - voters nominate
candidate by voting - candidates become
self-starters - role of media becomes more
important
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III. B. General Elections Old and New
Styles 1. Campaign Organization
Old Party-centered, State-oriented New
Candidate-centered, National-oriented
2. Campaigning Strategies Old
Canvassing volunteers, personal contact
low cost New Marketing television ads,
impersonal expensive The New New
Canvassing and Advertising
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III. B. 3. Campaign Finance Old
Unrestricted (through 1972) Transition
1971 Federal Election Campaign Act (FECA)
New Regulated (1976-2002) 1974 FECA
Amendments - Limits Contributions Hard
Money - Voluntary Spending Limits Federal
Subsidy Buckley v. Valeo (1976) Independent
Spending 1979 FECA Amendments - "Soft
Money 2002 Bipartisan Campaign Reform Act
(McCain-Feingold) ends Soft Money The
New New (2000-present) Candidates decline
federal subsidies - 2000-2008 nomination
contests - 2008 general election Obama
rejects Rise in Independent Spending 501 527
Groups 500 million since 2004 cycle 31
liberal groups
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III, C. The Electoral College 1. Rules
538 votes, majority rule - Votes
Cast by States most use unit rule
- If No Majority Selected by Congress
2. Consequences - Small State
Advantage Electors Allocated by State
Big State Advantage Unit Rule
Exaggerates States Impact on Outcome -
Effects usually
Bonus Electoral College Margin of Victory gt
Popular Vote Margin of Victory
? Perception of Landslide, Mandate Claim
rarely Undemocratic Electoral College
Victor Loses Popular Vote 1888, 2000
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IV. The Presidential Institution A. Powers
of the Presidency 1.Constitution-based -
relatively few, checking powers, often
ambiguous - examples veto, nomination,
treaty-making 2. Statutory Law-based -
Congress often delegates duties and powers -
example 1921 Budget and Accounting Act
central legislative clearance/budget
making 3. Precedent-based - One president
asserts the right to exert a power - If it
is unopposed, succeeding presidents use it too
- examples executive privilege, executive
orders, bill-signing statements
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IV. B. Structure of the Presidency 1. Pre-FDR
(1789-1939) - small staff, temporary and
informal arrangements 2. FDR (1939) the
Executive Office of the President (EOP) -
permanent specialized structure with -
small staff of political advisors -
larger permanent staff of neutral policy
experts 3. Post-FDR (1940-present) -
Changes in Size 1940s-70s Growth
1974-77 Decline 1978-present Stability
- Functions Policy Advice, Political Advice,
Administrative Help 4. Composition umbrella
organization
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IV. C. Operation of the Presidency 1.
Presidential Management Styles - Pyramid
Model - Spokes of the Wheel Model -
Patterns in Use Wheel ? Pyramid 2. Staff
Orientations to Work - Institutional
Service to the Presidency Civil Service
career term in office Emphasizes protecting
integrity of the office Views Legal Constraints
as Guidelines to Follow - Personal Service
to President Political Appointees short-term
in office Emphasizes loyalty,
responsiveness Views Legal Constraints as
Barriers to Overcome - Patterns in Use
Politicization
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V. The Presidency Within the Political System
Leadership A. The Nature of Presidential
Leadership Conditional 1. Separated
Institutions Sharing Power Interdependence 2
. Different Constituencies Have Different Goals
Conflict 3. Leadership Getting Others to
Choose to Follow B. Leadership as
Persuasion Bargaining ? Cooperation (Richard
Neustadt) 1. Inter-personal, Intra-elite
Process 2. Find Areas of Mutual Benefit 3.
Overtime, On Accounts Process
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V. C. Leadership as Going Public Coercion 1.
Political Changes Make Bargaining Difficult
Beginning in 1970s - More Divided
Government Less Mutual Benefit - More
Open Process in Congress Less Anonymity -
More Scrutiny by Press Less Discretion -
Result Others Are Less Willing and Able to
Bargain 2. Presidents Adapt by Appealing for
Public Support - Mobilize Public to
Pressure Politicians - Increasingly Common
Tactic 3. Impersonal, Mass Appeals Criticize
Opponents 4. More Conflictual Relationship with
Other Politicians
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The Bureaucracy I. Constitutional Provisions
Endogenous Rules - Government Agencies Have No
Constitutional Status A. Government Agencies
Are Created by Congress 1. Organizational
Structure 2. Funding 3. Jurisdiction and
Authority 5. Methods of Personnel Selection 6.
Legislative Oversight B. Government Agencies
Are Responsible to the President 1. Appointment
Power 2. Recommending Power 3. Take Care that
the Laws be Faithfully Executed 4. Executive
Oversight C. Government Agencies Have Two
Masters ? Conflicts
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II. Describing the Federal Bureaucracy A.
Types of Agencies 1. Departments
(currently fifteen) - functions
national maintenance, clientele services,
income redistribution -
powers rule administration, rule making
- structure pyramidal, unitary leaders
Secretary, Members
Compose the Cabinet - personnel civil
servants and political appointees 2. Independent
Regulatory Commissions - functions
regulate private sector - powers
rule making, rule adjudication -
structure board with plural leadership
- personnel civil servants fixed term
political appointees
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II. A. Types of Agencies 3. Government
Corporations - features like departments or
commissions - key difference
corporations sell service for income no
regular congressional appropriations examples
Federal Deposit Insurance Corporation US
Postal Service, Tennessee Valley Authority 4.
Independent Agencies - features similar to
departments - key difference less political
prestige no Cabinet rank B. Growth in
the Bureaucracy 1. Employees Total vs. Per
Capita 2. Dollars Spent Per Capita -
Explaining the Employment/Spending Discrepancy
- Federal Funding for State Local
Government 3. Regulations Issued
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III. Politics of Bureaucracy A. Political
Character of Agency Goals 1. Mission Goals 2.
Survival Goals 3. Priority of Survival over
Mission Goals B. Political Resources of
Bureaucracy 1. Administrative
Discretion 2. Expertise 3.
Clientele support C. Political Constraints
on Bureaucracy 1. Congressional
Oversight 2. Presidential Priorities
3. Competing Agencies 4.
Adversely Affected Interest Groups 5.
Federal Courts
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IV. Bureaucratic Policy-Making
Subgovernments/Issue Networks A. Context
1. Narrow Policy Range 2.
Multiplicity of Subgovernments 3.
Operational Anonymity - no
perceived losers ? little opposition B.
Structure and Operation 1.
Participants Committee Agency
Interest Group 2. Motives 3.
Interruptions External Pressures
Presidents Media Competing Interest
Groups Courts
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IV. C. Consequences of Subgovernments
1. Creates insulated pockets of policy-making -
committee-based 2. Permits policy to
reflect interest groups preferences - special
interest politics 3. Impedes
comprehensive policy-making - obstacle to
presidential agendas D. Recent
Developments Issue Networks 1. Loss
of Insulation ? Policies Receive more Publicity
2. More and Competing Participants
Episodic As Other Groups Recognize Threats
to Their Interests 3. Consequently
More Conflictual Process
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The Judicial System I. Description of the
National Court System A. Structure
1. Supreme Court (nine justices) 2.
Courts of Appeal (13 with 130 judges)
3. District Courts (94 with 500 judges)
4. Special Jurisdiction/Legislative Courts
e.g., tax court, claims court B.
Types and Distribution of Jurisdictions
1. Original hears facts of case
- Supreme Court (rare), District Courts,
Special Jurisdiction Courts 2.
Appellate based on procedural error, violation
of rights - Supreme Court, Courts
of Appeals
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I. C. Selection of Judges 1. Partisan Bias
90 from own party 2. Demographic Bias white
and male 3. Political Process Role of Senate
- Supreme Court reject 20 of
nominees - District Courts
Senatorial Courtesy D. Operation of the
Court System 1. Paths to the Supreme Court
a. Original Jurisdiction rare
b. Appellate Jurisdiction
- through federal courts
- through state court systems 2.
Getting Case Reviewed by the Court
writ of certiorari (rule of four) 3.
Collecting Evidence a. oral/written briefs
by involved parties b. amicus curiae briefs
(friend of the court) c. clerk research
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I. C. 4. Reaching a Decision a.
Decision Criteria
Constitution Precedent (stare decisis)
Legal Philosophies - activism vs.
restraint - original intent vs. contemporary
standards - society vs. individual rights
b. Group Dynamics -
leadership by chief justice
- coalition building efforts seek large
majorities - goal consensus
because it provides legitimacy 5. Rendering a
Decision a. Writing Majority Opinion b.
Writing other Opinions concurring dissenting
c. Delivering Recording Opinions
- no judicial enforcement
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II. Politics of the Court System A.
Political Character of Court Decisions Nondemocr
atic Institution Representing the Law
vs. Democratic Institutions Representing Majority
Rule B. Powers of the Courts 1.
Interpretation of the Law 2. Judicial
Review - Marbury v. Madison
(1803) 3. Legitimacy Public support
due to image of neutral
objectivity
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II. C. Restraints on the Courts 1. Legal
courts must be passive 2. Congress
- confirm appointments (Senate only)
- remove judges through impeachment
- control court structure and
jurisdiction - initiate statutory
and constitutional changes - BUT
Congress cannot reverse decisions 3.
Executive - nominate appointees
(Senate confirms) - set
prosecutorial and priorities (Justice
Department) 4. Lower Courts -
autonomous interpretation power
Supreme Courts only recourse overturning
decision 5. Public Opinion 2-edged sword
- needed to retain legitimacy