Unit 4 American Institutions & Practices

Unit 4 American Institutions & Practices

Essential Question How Have The Values And Principles Embodied In The Constitution Shaped American Institutions And Practices?

Unit Overview • Lesson 21: What is the Role of Congress in American Constitutional Democracy? • Lesson 22: How Does Congress Perform Its Functions in the American Constitutional System? • Lesson 23: What Is the Role of the President in the American Constitutional System? • Lesson 24: How Are National Laws Administered in the American Constitutional System? • Lesson 25: What Is the Role of the Supreme Court in the American Constitutional System? • Lesson 26: How Does American Federalism Work?

Unit 4 Purpose • The Constitution is a general framework that describes the organization of the national gov’t in terms of its powers and limits. The Framers knew many details would need to be added. • The system of federalism was devised to reconcile tension between national and state gov’ts. • In this unit you will learn • How the three branches of gov’t embody constitutional principles and how they operate. • How federalism remains a dynamic characteristic of American gov’t.

Lesson 21: • What Is the Role of Congress in American Constitutional Democracy?

Purpose Congress is often called America’s first branch because of its lawmaking powers and control over the nation’s purse. Congress is also considered the “People’s Branch” since it is directly accountable to the electorate. This lesson examines Congress’s constitutional powers and how it represents both the people and the states.

Objectives • Explain basic differences between Congress and the British Parliament and how Congress reflects America’s commitment to representative government and federalism. • Identify several constitutional sources of power and some of the challenges members face in representing and serving constituents. • Evaluate, take and defend positions on contemporary issues about congressional representation and organization.

Terms to Know delegate theoryThe idea that a legislative representative should exactly mirror his or her constituents' views in deciding on public policy. enforcement powersThe power of Congress to enforce laws. enumerated powersThose rights and responsibilities of the U.S. government specifically provided for and listed in the Constitution. federalismA form of government in which power is divided and shared between a central government and state and local governments.

Terms to Know gerrymanderingDrawing the boundaries of an electoral district to favor a political party. implied powersThose powers authorized by a legal document that are not expressly stated but can be inferred from expressly stated powers. The power of Congress to do all things "necessary and proper" to carry out the powers delegated to it by Article I, Section 8, Clause 18 of the U.S. Constitution. The "necessary and proper" clause is also known as the "elastic clause," because it greatly expands the Constitution's enumeration of the powers of Congress. Implied powers can be distinguished from "inherent powers," those that are expressly provided for in the Constitution. inherent powersThose powers ingrained so deeply in an institution that they need not be stated. For example, what the "inherent powers of the presidency" might be is a hotly contested subject in American national politics. trustee theory of representationThe idea that a legislative representative should use his or her best judgment in making decisions on public policy, regardless of constituent opinion.

Differences Between Congress and the British Parliament • Although British Parliament served as a model for our 2-house legislature, there are 4 major differences. • 1) Representation • British Parliament • Designed to represent specific order in society. • House of Lords - traditionally an inherited seat. Today hold honorary lifetime appointments. (1200 members) • House of Commons – elected, represent geographic regions • Congress • House of Reps – represent viewpoints of district / frequent turnover (2 yr. terms) • Senate – represent whole state / longer terms ( 6 yrs.)

Differences Between Congress and the British Parliament • 2) Separation of Powers • British Parliament • Leader of majority party appoints prime minister (chief executive and chief legislator) • Members of Parliament hold Cabinet positions as well • House of Commons is much more powerful house • http://www.youtube.com/watch?v=TsAa9VmwOaI • Congress • Article 1 Sec 6 prohibits mingling of executive and legislative powers • House & Senate both powerful, frequently limit each others’ power

Differences Between Congress and the British Parliament • 3) Term Lengths • British Parliament • No fixed election schedule, but at least every 5 yrs. depending on “confidence” in prime minister and party in power • Congress • Reps (2 yr terms) / Senate (6 yrs., staggered) • 4) Federalism • British Parliament • Local governments are primarily administrative units of central government. Most powers simply delegated from national level. • Congress • State legislatures wield considerable power, leading to dynamic system of federalism.

Congress’s Constitutional Powers • Limitations • Art. 1 Sec. 8 - limits powers to those “herein granted” / • 18th power = “all laws… necessary and proper for carrying into execution the foregoing powers” • Art. 1 Sec. 9 – lists matters congress “shall not” legislate • Tax state exports, grant titles of nobility… • Bill of Rights – list of rights Congress “shall not” infringe • First – “Congress shall make no law” abridging free press

Congress’s Constitutional Powers • Enumerate Powers • Those powers listed in Constitution • Ex) “Regulate Commerce” • Congress now regulates manufacturing, child labor, wages… • Implied Powers • Some expressed powers imply additional powers • Ex) “Necessary and Proper” Clause • Court Case: McCulloch v. Maryland (1819) • Decision = N & P clause and power to coin & borrow money implied power to create a national bank. • Congressional Oversight • Implied power to create, and monitor, executive agencies designed to implement policy mandates.

Representing the People & The States • No constitutional term limits • Since 1842, all members of House elected from single-member districts • Many states redistrict after each 10-yr. census • Drawn by state legislatures or independent commissions • Dissatisfied groups can challenge redistricting in court

Controversy Over Districting • Court Case: Wesberry v. Sanders (1964) • Decision – adopted rule of “one person = one vote” • New requirements have not ended debate over Gerrymandering • Senate initially chosen by state legislatures, but 17th Amendment creates direct elections

Controversy Over Districting • 1913 – Congress fixes size of House at 435 • By 2004, average House district population over 700,000 • Surpassed worldwide only by India • District size creates challenges addressing needs and interests of such diverse constituencies

Theories of Representation • Delegate Theory or Trustee Theory? • Most representatives claim to practice both • Our vast and diverse nation make it challenging to both represent constituents while also finding common ground with legislators from other regions. Congressman Specter dealing with “unhappy” constituent http://www.youtube.com/watch?v=jV1jmvMHsS0

Serving Constituents • Communications • Media appearances, websites, town hall meetings… • Case Work • Staffers help constituents solve problems involving national government. • Ex) Dealing with agencies (IRS, Social Security), asking for favors (tours, meetings w/ legislators) • Serving Constituents’ Interests and Concerns • Introducing / sponsoring legislation that serves constituents interests. • Working to have federal projects located in district (highways)

Lesson 22: • How Does Congress Perform Its Functions in the American Constitutional System?

Purpose Congress is one of few national assemblies with the power to initiate legislation, not simply vote on executive’s proposals. Congress also conducts investigations that lead to important changes in policy and removal of officials. Despite its rules and leadership structures, the 535 member Congress faces challenges representing their growing and diverse constituencies.

Objectives • Describe the role of rules, committees, and political parties in Congress. • Describe the lawmaking process. • Identify the primary sources members rely upon. • Explain the importance of Congress’ power to investigate. • Explain why compromise is required in the deliberative process. • Evaluate, take, and defend positions on how Congress functions and whether it should streamline its procedures.

Terms to Know billA proposed law placed before a legislature for approval. clotureA rule of the U.S. Senate stipulating that debate on a legislative proposal be cut off and the proposal voted upon by the full Senate if sixty members agree. filibusterThe practice of refusing to surrender the floor during a debate to prevent the Senate from voting on a proposal. impeachmentCharging a public official with a crime while in office and bringing him or her to trial. Convicted officials are removed from office. lobbyingThe practice of attempting to affect legislation by influencing legislators.

Terms to Know pocket vetoA presidential practice that allows a bill to die if not signed within ten days and Congress is adjourned. The president is conceived as keeping the bill in his pocket rather than taking it out and signing it. power to investigateThe power of Congress to undertake formal inquiries into matters of public business and public policy. resolutionA formal statement of a decision or expression of opinion put before or adopted by an assembly such as the U.S. Congress. seniorityLength of service. In the U.S. House of Representatives or the U.S. Senate, certain powers and responsibilities of congressional members, such as committee chairmanships, are granted on the basis of their time in office.

The Role of Rules & Committees • Rules and Committees not specified in Constitution, but instead created by each chamber (Art. 1 Sec. 5) • Committees • Standing (permanent) Committees have jurisdiction over particular subjects, appoint more specific subcommittees • Ex) http://www.govtrack.us/congress/committee.xpd • Hold hearings to hear public testimony or conduct gov’t oversight • Select Committees (task forces) exist for limit time for specific purpose

The Role of Rules & Committees • Rules • Examples • House rules specify size and jurisdiction of committees / govern form and structure of debate • Senate more informal, filibuster option remains open at all times. • However, 60 votes (cloture) brings proposal to a vote • Party Organization • Leaders encourage members to adhere to party platform • Committee chairs appointed by seniority and party loyalty

Congressional Leadership • House Leadership (3 models) • Strong Institutional Speaker • Speakers wield considerable power over organization and legislative agenda • Powers: controls committee appointments, chairs Rules Committee, “traffic cop” deciding which bills come to the floor and rules of debate. • Decentralized Committee Leadership • Some historical periods witnessed committee chairs rebelling against speaker • Party Control • Strong speaker who represents majority party • Committee chairs appointed based upon party loyalty

Congressional Leadership • Senate Leadership • VP is president of Senate, but only power is to cast tie-breaking vote. • Majority and Minority Leaders chosen by each party to guide operations.

Majority Rule and Compromise in Congressional Deliberation • Bill vs. Resolution • Simple resolutions address rules or express sentiments of Congress • Joint Resolutions device for proposing Amendments or other matters. If signed (or over-ride), has force of law • Most proposals take form of a bill • Bills introduced in either House (except revenue bills= H) • Numbers with prefix S or H • The process is as follows…

Majority Rule and Compromise in Congressional Deliberation • Committee Assignments • Bills assigned to at least 1 committee / usually referred to subcommittees for rigorous scrutiny and amendments • Hearings • Representatives of government agencies, interest groups or outside experts present testimony • Deliberations • At “Mark Up” sessions, members can review, modify, approve final version, and recommend to full House or Senate • Report • If bill wins favorable committee vote, reported to full chamber • Committee report justifies its actions

Majority Rule and Compromise in Congressional Deliberation • Floor Vote • Places on calendar for consideration and a vote • Referral to the Other Chamber • If passed, sent to other chamber where process begins again • Conference Committee • When versions of bill differ (most do), conference committee (members of both house) try to reach compromise. • If agreement reached, conference report submitted for vote (cannot be amended, can be filibustered) • Referral to President • If president signs, becomes law • If vetoed, 2/3 vote needed in each chamber to over-ride • If not signed, but Congress adjourns within 10 days, bill is dead (pocket veto)

Majority Rule and Compromise in Congressional Deliberation Bill must win majority support at each phase Sponsors of bill must be persistent and willing to compromise Lawmaking process demonstrates American system of representative gov’t, limited gov’t and checks and balances at work. LawCraft http://icivics.org/games/lawcraft

Ideas for Legislation & Deciding Which Bills to Support • Campaign Promises • Responses to Crisis • Legislation Introduced by Others • Library of Congress and Congressional Budget Office provide research, analysis, and projected costs. • Executive Branch • President outlines legislative agenda at State of the Union • Party members sponsor president’s legislation • Legislation also introduces by Executive departments / agencies

Ideas for Legislation & Deciding Which Bills to Support • Constituents • Constituents recommend enactment or repeal of laws through various forms of communication (letters, opinion polls, blogs) • Interest Groups • Organizations, industries, and interest groups employ lobbyists to help influence legislation • Reflects right to free speech, assembly, and petition • Effective Lobbyists are well-informed on issue, knowledgeable of process, well-organized, and cooperative.

The Power to Investigate • Purpose • Finding facts on which to base legislation • Discover or influence public opinion • Oversee administrative agencies • Probe activities of public officials • Secure partisan political gain • Power to investigate also used to impeach federal officials • Initiated in House. If vote on impeachement, sent to Senate • Conviction in Senate requires 2/3 majority

Lesson 23: • What Is the Role of the President in the American Constitutional System?

Purpose The president is among the most powerful political figures in the world. Internatioanlly, the president speaks for the country and is the symbol of America. Domestically, the president suggests policies to Congress and is the leader of their political party. Americans look to the president for leadership, while also fearing concentration of executive power. This lesson examines sources of presidential power and ways that checks and balances limit presidential power.

Objectives • Explain the president’s responsibilities and how the office has evolved. • Identify various constitutional and political checks on the president’s power. • Explain fundamental differences between the parliamentary prime minister and the American presidency. • Evaluate, take, and defend positions on issues involving the exercise of presidential power and the relationship between the president and other branches of gov’t.

Terms to Know commander in chiefHighest ranked person of the military forces. According to the U.S. Constitution, the president is commander in chief of the nation's armed forces. executive ordersDirectives issued by the president, including Presidential Directives, National Security Directives, and Homeland Security Presidential Directives. Presidents have issued such orders since 1789. Such orders are open to the public, except for National Security Directives. executive powerThe authority to carry out and enforce the law.

The President’s Responsibilities • Executive Power not specifically defined in Constitution, but following powers are listed (Art. II) • Commander in Chief of army and navy • Heads executive department • Granting reprieves and pardons • Making treaties (subject to Senate’s consent) • Nominating ambassadors, consuls, judges • Recommend legislation • Veto bills • Receive ambassadors (chief diplomat)

The Framers’ Vision of the Presidency Official above partisan politics Electoral College would identify people with character “preeminent for ability and virtue” No expectation of campaigns Wanted “energetic” president as opposed to legislature’s “deliberative” nature Hamilton: “Bad execution… must be… a bad government.”

The Presidency Evolves • Andrew Jackson • Unprecedented use of veto (national bank) • Abraham Lincoln • Expansion of wartime powers (suspension of habeas corpus) • Teddy Roosevelt • “Bully Pulpit” – used visibility and influence of presidency to advocate his political agenda

The Presidency Evolves • FDR • Took control of policy process through New Deal programs. • Social Security, employment programs, executive agency reform • Exerted unprecedented military power during WWII • Employed “fireside chats” to establish trust and confidence • Since FDR • Effective presidents have used FDR’s strategies to bolster power • Reagan – “The Great Communicator” • JFK & Clinton – Used charisma to win political allies and persuade public to support policy proposals

Foreign Policy • Congress’s role (declare war, fund armed forces…) largely reactionary to president • The President foreign relations powers… • Commanding Armed Forces • Military power used to defend nation and as a threat to persuade • Each president since FDR has sent troops abroad w/o declaration of war. • Making Treaties • Sole authority to negotiate on behalf of US, pending Senate approval

Foreign Policy • Appointing Ambassadors & Public Ministers • President decides who represents US abroad. • Ambassadors help shape US image and advise on foreign policy • Receiving Ambassadors and Other Public Ministers • President sole channel of international communications • Assumes right not to recognize them

Expansion of War Powers • During wars and emergencies, presidents often exercise power not granted in Constitution • Grover Cleveland – sent unauthorized troops to put down Pullman train car strike • FDR – sent war ships to Britain before entered WWII • Attempts at restraint • 1952 – Supreme Court rules against Truman (seizing steel mills during Korean War) • 2006 – Bush’s “special military commissions” violated US law and Geneva Convention • However, Congress & Court tend to defer to president

Expansion of Presidential Power • Over time, power has flowed from one branch to the other. • 19th C. – Congress dominated • 20th C. – As role of US in world grew, so did Executive power • Why growth of presidential power? • Over past century, polls show public demand for strong president • However, polls also show public distrust of strong executives • Broad constitutional powers • Role in recommending legislation • Increasingly active role in development of federal regulations • Regulations elaborate on general laws passed by Congress

Expansion of Presidential Power • Executive Orders • Rule or regulation issued by the president. • Must be published in Federal Register • Assumption of new responsibilities • Issues involving education, health care, transportation, product safety, etc. have shifted from purely state / local control to national as well.

Limitations on Power • Congress • Rejecting or modifying president’s legislative agenda • Asserting its constitutional authority (war powers) • Refusing to ratify treaties • Refusing to confirm nominees • Refusing to fund programs • Removing president from office

Limitations on Power • Supreme Court • Humphrey’s Executor v. US (1935) • Congress must approve president’s removal of official from independent regulatory agencies • US v. Nixon (1974) • President not entitled to automatic immunity from legal process • Train v. City of NY (1975) • President cannot refuse to spend money appropriated by Congress • Executive Agencies • Public Opinion

Unit 4 American Institutions & Practices