Congress, The Presidency, The Bureaucracy, The Judiciary

1
Unit 3

• Congress, The Presidency, The Bureaucracy, The
  Judiciary

2
Difference between Congress and Parliament

• Becoming a member
• Parliament persuade political party to put name
  on ballot
• Someone willing to support national policy and
  party
• Election is choice between parties, not people
• Congress run in a primary election
• Parliament members support national policies,
  Congress people support local policies
• Role of office
• Parliament whether to support the government or
  not
• Congress develop and vote for proposed laws
  independent from executive branch

3
The Evolution of Congress

• Fear of tyrant
• Bicameral congress protect the interests of the
  large/small states protect the interest of
  federal/state governments
• Powers are limited to those expressed in the
  Constitution (really?)
• Taxes rule over DC
• Elastic Clause
• Regulate commerce
• Naturalization rule
• Coin money borrow
• Declare war provide for militia
• Coin money weights/measure
• Post office patents
• Establish courts maritime laws

4
The Evolution of Congress, cont.

• Checks and Balances
• Institutional Powers
• Senate ratifies treaties with 2/3 vote
• Senate approves appointments with majority vote
• House votes for impeachment, Senate tries the
  impeachment case
• If no electoral college majority, House elects
  the President, Senate the VP
• Proposal of constitutional amendments with 2/3
  vote in each house
• Can seat, unseat, punish members of both houses
• Equal power?
• Importance of Senate

5
The Evolution of Congress, cont.

• Implied Powers
• Based on elastic clause
• Denied Powers
• Passing ex post facto laws
• Passing bills of attainder
• Suspending habeas corpus except during
  rebellion/invasion

6
The Evolution of Congress, cont.

• Struggles within Congress (distribution of power
  within Congress)
• The period of the founding
• Originally directed by the executive branch, soon
  developed own leadership
• Originally, the House was the preeminent
  institution

7
Evolution of Congress, cont.

• Decline of the House
• Influence of Andrew Jackson and his vetoes
• Division of the issue of slavery
• Importance of the Senate
• Importance of issues that fell under their
  jurisdiction
• The rise of party control in the House
• Increased power and prestige of the Speaker of
  the House (Reed)

8
Evolution of Congress, cont.

• Decentralization of the House
• Rise of party caucus
• Rules Committee
• What legislation got presented
• Rise of the chairpeople of standing committees
• Setting committee agenda
• Determining which bills to report out
• Influence on content of bills
• Reward of seniority

9
Evolution of Congress, cont.

• Recent changes in the House
• Increased power for all Representatives
• Increased number of all subcommittees including
  power of chairpeople
• Increase in the amount of staff

10
The Evolution of Congress, cont.

• Democratization of the Senate
• Senate is more decentralized
• Fewer members
• No speaker
• Lack of rules of committee
• 17th Amendment, 1913
• End millionaire club
• Senate passed amendment under the threat of
  states calling a new constitutional convention
• Rule 22 regarding filibusters
• Cloture 1917
• 3/5 vote could limit filbusters

11
Who is in Congress?

• Sex and Race
• Demographical changes represented in Congress
• Can anyone represent anyone else?
• Typically older, white male comes from
  law/business background
• Incumbency
• Growing percentage of re-elected members
• Biggest factor in congressional elections
• Congress being seen as more of a career
• Debate on term limitations
• Party

12
Getting Elected to Congress

• Determining Fair Representation
• Malapportionment
• Gerrymandering
• Determining Representation
• Total size of the House
• Allocating seats among the states
• Determining size of congressional districts
  within states
• Determining shape of those districts
• Winning the Primary
• Increased advantage for incumbents
• How re-election influences term

13
Organization of Congress Parties and Interests

• Party structure of the House
• 435 members
• 2 year term limits
• No limit on terms
• At least 25 years old, citizen for 7 years,
  resident of state
• Speaker of the House
• Floor leader (majority leader, minority leader)
• Steering and policy committee (committee
  assignments)

14
Organization of Congress Parties and Interests

• Party organization of the Senate
• Senate has 100 members
• 6 year term limit
• Staggered so 1/3 elected every 2 years
• At least 30, citizen for 9 years, resident of the
  state
• Vice President is President of Senate
• Only votes in a tie
• Ceremonial position
• President pro tempore
• In line for presidency after the Speaker
• Real power is in the majority leader, minority
  leader whips
• Majority leader recognized first for all debates
• True leader of majority party in Senate
• Policy committee sets Senate agenda

15
Organization of Congress Parties and Interests

• Party Voting
• Broad policy agreements
• Party provides information on various bills
• Work towards long-term advantage in terms of
  influence, prestige, etc.
• Caucuses
• Democratic Study Group (DSG)
• Conservative Democratic Forum
• State Delegations
• Etc.

16
Organization of Congress Committees

• Real work of Congress is done in the committee
  and subcommittees
• Importance of getting on right committee one in
  which constituents are best served (agricultural,
  technology, military, etc.)
• Represent most of the power of congress
• Decisions on committees determine legislation
• Roughly two dozen committees and over 100
  subcommittees
• Standing committees
• Permanent
• Select committees
• Appointed for a limited purpose
• Joint committees
• Both rep. and sen. serve
• Number of seats varies by committee
• Seniority as role in selection process
• Chairs are of the majority party
• Secret ballot expertise generally seniority
  system honored

17
Types of Committees

• House
• Rules Committee most powerful
• Ways and Means deal with tax bills
• Appropriations deal with spending bills
• Budget
• Armed Services

• Senate
• Finance deals with tax bills
• Appropriations deals with spending bills
• Budget
• Foreign relations to reflect the Senate role in
  foreign affairs

18
Organization of Congress Staffs and Specialized
Offices

• Vast, recent increase in staff size
• Tasks of staff members
• Servicing requests from constituents
• Local offices as well as Washington offices
• Legal paperwork for congress members
• Advocacy role for staff
• negotiators
• Staff agencies
• Congressional Research Service (CRS)
• General Accounting Office (GAO)
• Office of Technology Assessment (OTA)
• Congressional Budget Office (CBO)

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How a Bill Becomes a Law

• Less than 10 of bills actually pass
• Introducing a Bill
• Any member of Congress many introduce
• May be public or private
• Has the lifetime of one Congress
• Only House may introduce bills for raising
  revenue
• Resolutions
• Simple establishes rules of operation
• Concurrent housekeeping/procedural matters
• Joint essentially the same as a law

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How a Bill becomes a Law, cont.

• Study by Committees
• Most bills die in committee
• Live bills are then sent to subcommittees
• Many bills fall into multiple referral many
  subcommittees look at their overall effect rather
  than allowing a slow, painful death
• Committees may mark-up bills
• Revisions and additions
• Committee may pigeonhole a bill which is the
  most common fate
• Committees reports out the bill
• Can bypass the committee stall/procedures through
  a discharge petition
• Floor vote to vote on bill

23
How a Bill becomes a Law, cont.

• Study by committees, cont.
• To come back to House or Senate, bill is placed
  on the calendar
• Closed Rule strict time limit on debate
• Open Rule permits amendments from the floor
• Restrictive Rule some amendments but not others

24
How a Bill Becomes a Law, cont.

• Study by committees, cont.
• Types of Calendars House
• Union calendar (appropriations)
• House calendar (nonmoney bills of major
  importance)
• Private calendar (private bills - affect 1
  person)
• Consent calendar (noncontroversial bills)
• Discharge calendar (discharge petitions)
• Types of Calendars Senate
• Executive calendar (Presidential nominations,
  proposed treaties, etc.)
• Calendar of business (all legislation)

25
How a Bill becomes a Law, cont.

• Study by committees, cont.
• House ways of bypassing the Rules Committee
• Member can move that the rules be suspended
• 2/3 vote
• Discharge petition
• process to force a bill out of committee
• successful petition requires the signatures of
  218 members, which is a majority of the House.
• Calendar Wednesday procedure
• Challenge speakers control of the agenda

26
How a Bill becomes a Law, cont.

• Floor Debate the House
• Floor Debate the Senate
• Additions of amendments may be made from the
  floor (but not on appropriations bills)
• Filibuster

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How a Bill becomes a Law, cont.

• Methods of Voting
• Voting often reflects amendment vote rather than
  bill vote
• Teller vote or roll call
• Reconciliation of the differences in a bill
  between the House and the Senate
• Bargaining for votes

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How Members of Congress Vote

• Representational View
• Clear constituent view
• Organizational View
• Cues from colleagues
• Attitudinal View
• Personal ideology

31
Founding Fathers views on Congresss ability to
pass bills

• The intent of the Founders was the create a
  cautious and a deliberate process for legislating
• Role of the President
• Sign the bill
• Veto
• Ignore
• If congress is in session, in 10 days an unsigned
  bill will become a law
• However, if during those 10 days Congress
  adjourns, bill will be automatically vetoed

32
Ethics and Congress

• Attempts to influence/bribe
• Presidential influence through snubbing or
  helping campaign
• How should members of Congress be judged?
• Congress has the right to judge and discipline
  its own members
• Executive branch investigations are handled by
  independent special prosecutor
• Campaign financing

33
Ethics and Congress, cont.

• Incumbency advantage in elections
• Reelection rate in House is over 90, Senate over
  80
• Franking privilege
• Staff
• Patronage
• Name recongintion
• Money
• Attempts at Reform
• Financial disclosure statements
• Honorarias
• Can no longer keep surplus campaign funds for
  personal use after retirement
• Restriction on gifts
• free travel restrictions

34
The Old and the New Congress

• First Stage
• WWI 1960s
• House dominated by committee chairman
• Second Stage
• 1970s
• Caucus would select committee chairmen
• Increased staffs
• Third Stage
• Effort in House to strengthen and centralize
  party leadership

35
Presidents and Prime Ministers

• Influence of Prime Minister
• Representative of political party in power
• Has majority representation in parliament
• Cabinet members are chosen from parliament
• Influence of President
• Presidents are often political outsiders
• Cabinet members are from outside Congress
• Presidents dont necessarily represent majority
  party
• Can be at a crossroads even with own party
• Divided Government
• Policy problems budget, war, appointments,
  ethics, etc.

36
Evolution of the Presidency

• Concerns of the Founders
• Could overwhelm state governments via use of the
  militia
• Could become tool of the Senate
• How do we elect/choose
• Electoral College
• State select electors however they want
• If no victor-election would go to the House
• Compromise of the factions

37
Evolution of the Presidency, cont.

• Presidents Term of Office
• Traditional 2 term limit until Roosevelt
• 22nd Amendment, 1951
• How do we transition between presidents?
• Jefferson and Jackson increased role and power of
  President
• Acts and vetoes
• Reemergence of Congress
• After Jackson left office, congress re-exerted
  itself
• Lincoln the exception
• Continuing pattern until FDR and the New Deal
• Teddy and Wilson the exception
• Current changing view of President as initiator
  of policy

38
The Powers of the President

• Commander in Chief
• Head of the armed forces
• Commission officers of the armed forces
• Chief Jurist
• Grant reprieves and pardons for federal offenses
• Appoints federal judges
• Chief Legislator
• Convene congress in special sessions
• Proposes legislation
• Vetoes legislation

39
The Powers of the President, cont.

• Chief Diplomat
• Appoints ambassadors
• Sets overall foreign policy
• Negotiates treaties and executive agreements
• Grants diplomatic recognition to foreign
  governments
• Chief Executive
• Enforces laws (loosely interpreted), treaties,
  court decisions
• Appoints officials to office
• Issues executive orders which have the force of
  laws
• Chief of State
• Ceremonial head of nation
• Most nations separate chief of state and chief
  executive

40
The Powers of the President, cont.

• Non-Constitutional Roles
• Head of political party
• Chief Economist
• Greatest source of presidential power is in
  public opinion
• From WWII to today, Presidential power has grown
  due to public expectations
• Cold War, Terrorism

41
The Office of the President

• Qualifications
• Natural-born citizen
• 35 years of age
• Resident of the US for at least 14 years
• Growth of staff/responsibility
• First secretary in 1857
• White House staff, 500
• Staff can isolate president
• Appointments to cabinet, courts, agencies, etc.

42
The Office of the President, cont.

• Rule of Propinquity
• People who are in the room when a decision is
  made have the power
• Fierce competition to be closest to the Oval
  Office
• White House Office
• Circular or pyramid organization
• Competition among staff for presidents ear

43
Executive Office of the President

• Office of Management and Budget (OMB)
• Assemble and analyze figures for the national
  budget
• Studies organization and operations of the
  executive branch
• Reviews federal programs
• National Security Council (NSC)
• Coordinates foreign/military policy
• Growing in importance
• Council of Economic Advisers (CEA)
• Three person advisory group
• Office of Personal Management (OPM)
• Office of the US Trade Representative
• Central Intelligence Agency (CIA)

44
The Cabinet

• Not a constitutional body
• Heads of 14 major executive departments
• Small number of presidential appointees in each
  department
• Self-preservation interests of cabinet members
• May be more loyal to Congress (funding) than
  President (appointment)

45
Who Gets Appointed?

• in and outers
• People who have political followers
• Expertise

46
Presidential Character Role of Personality

• Eisenhower disguised his efficiency and
  thoroughness to evade questions
• Kennedy projected boldness
• Johnson was ineffective at speaking to the
  public, strong in one on one deal making
• Nixons personality also made it hard for him to
  develop popular support
• Ford enjoyed meeting with people very genial
• Carter boasted about how un-Washington he was
• Reagan was the Great Communicator
• H.W. Bush made many contacts with other leaders
  but was not able to articulate with the public

47
Presidential Character Role of Personality

• Clinton seemed to slide through various
  situations because of his ability to connect with
  the public
• Bush seemed single-minded and full of resolve to
  the public

48
The Power to Persuade

• The Three Audiences
• Washington DC
• Fellow politicians and leaders
• Party Activists
• Activists in and outside of Washington
• The Public
• Fewer and fewer impromptu remarks
• More dependent on prepared addresses

49
Popularity and Influence

• Congress responds to presidents popularity even
  though it doesnt affect their seat
• Congress and the coattails theory
• Can be reflected in how much presidential
  policies are passed by Congress

50
Decline in Popularity

• Most presidents see a loss of approval

51
The Power to Say NO

• Veto
• Pocket Veto
• Executive Privilege
• Constitution is silent on matter
• President claims right
• Separation of Powers one branch cant look into
  affairs of other
• Statecraft and prudent administration
• First real challenge came in 1973 with Watergate
• Impoundment of Funds
• Refusal to spend money appropriated by Congress
• Congress responded with Budget Reform Act, 1974
• Money must be spent

52
The Presidents Program

• President draws from many sources
• Aides and campaign advisors
• Federal bureaus and agencies
• Outside, academic, specialists
• Interest groups
• Two philosophies
• Have policy on everything
• Concentrate on three or four major themes
• Constraints
• Time limits
• Unexpected crisis
• Government can really only be changed marginally

53
The Presidents Program, cont.

• Measuring Success
• Proportion of the proposals approved by Congress
• Proportion of votes taken in Congress on which
  the Presidents position prevails
• Attempts to Reorganize
• Presidents try to restructure organization
• Personal White House staff can be reorganized at
  any time
• Larger agencies need Congressional approval

54
Presidential Transition

• Only 15 Presidents since Washington have not been
  re-elected to a second term
• 9 have not finished term (death, resignation)
• Vice President
• 8 VP have succeeded presidents
• Only 5 VP have been elected President (unless
  they assumed office after death)
• Can be an empty position
• Only 2 constitutional duties
• Become acting President
• Serve as President of the Senate

55
Presidential Transition, cont.

• Problems of Succession
• What if president is seriously ill but doesnt
  die?
• Who becomes VP when he steps up to Presidency?
• Succession Act, 1886
• 25th Amendment, 1967
• Impeachment
• Impeachment is an indictment voted by the House
• To be removed, must be found guilty by 2/3s vote
  in Senate

56
How Powerful is the President?

• Dependent on circumstances
• Move at the first opportunity
• Staffing issues are vital
• Way to look at who is in the government

57
Electoral College

• Compromise of Electing President
• One electoral vote for each member of Congress
• Min. 3
• District of Columbia has three electoral votes
• Total, 538
• States choose electors
• Only Nebraska and Maine have potential to give
  votes to more than one candidate
• Other states give all electoral votes to winner
  of election can be plurality or majority
• Electoral Votes
• Electors meet in state capitals in December to
  cast ballots
• Candidates need majority of electoral votes to
  become President
• If no candidate receives a majority, election
  goes to House of Representatives where each state
  only has 1 vote

58
Electoral College, cont.

• Problems
• May allow a minority President
• 1824, 1876, 1888, 2000
• Faithless electors no law to prevent electors
  from switching
• Small states are proportionately overrepresented
  even more so if election goes to House
• Inhibits development of third parties
• Alternatives
• Direct Election
• Wont happen.why?
• District System
• Win a congressional district, win that vote
• Proportional System
• Get same percent of electoral votes as popular
  votes

59
The Bureaucracy

• Agencies
• Departments
• Commissions
• All within executive branch

60
Distinctiveness of the American Bureaucracy

• Political authority over the bureaucracy is
  shared among several institutions
• Congress and the President
• Divisions within the Congress
• Most agencies share their functions with state
  and local government
• Institutions and American way of life have
  contributed to growth of personal actions, thus
  the growth of bureaucracy to deal with them

61
Growth of the Bureaucracy

• Gradual, historic growth of agencies
• First agency Department of State
• Initially filled through the spoils system
• Debate over how people appointed, taken out of
  offices
• Small start for organizations and agencies
• Currently over 3 million employees in bureaucracy
• Appointment of officials
• Appointments as rewards
• Changing qualifications with quick growth
• Civil service reforms

62
Growth of the Bureaucracy

• A Service Role
• Agencies changed from regulation to service
• Government economic regulation initiated in 1887
• Congress increases regulatory commissions to
  regulate economy
• Wars generally increased bureaucracy without
  cutting it after war
• Change in Role
• Bureaucracy affected by New Deal and WWII
• Government had active role in the economy
• New actions by the Supreme Court

63
The Federal Bureaucracy Today

• Hidden Statistics
• People who work indirectly for the government
• Federal contractors, consultants
• Higher level bureaucrats typically white males
• Lower level women, minorities
• skew demographics of bureaucracies toward
  minorities?
• Reality is in increased numbers and increased
  power
• Paying subsidies to groups and organizations
• Transferring money from fed to state and local
• State now required to hire more employees for
  state based bureaucracies
• Devising and enforcing regulations for sectors of
  society and economy
• Behavior of officials
• Manner in which they are recruited and rewarded
• Personal attributes
• Nature of jobs
• Constraints of outside forces (superiors,
  legislators, interest groups, journalists)

64
Recruitment and Retention

• 2/3s by competitive service
• administered by Office of Personnel Management,
  OPM
• 1/3 by expected service
• Exceptions
• Presidential appointments
• Schedule C jobs confidential or
  policy-determining character
• Noncareer executive assignment (NEA jobs)
• Pendleton Act of 1883 started trend from
  patronage to merit

65
The Buddy System

• name-request system
• tailor made position

66
Firing a Bureaucrat

• Written notice at least 30 days in advance
• Statement of reasons
• Right to an attorney
• Reply to charges
• Right to appeal any adverse actions
• Right to hearing
• May appeal MSPB decision to US Court of Appeals

67
Civil Service Reform Act of 1978

• Allowed some loosening of firing procedures for
  top-level bureaucrats
• SES

68
Agencys Point of View

• Most civil service employees are lifetime
  government service people
• To change direction of agency, executives must
  woo the employees

69
Personal Attributes

• High-ranking officials represent an elite segment
  of American society
• Many believe this makes agencies out of touch
  with the people they are to serve
• High-ranking officials seem to be more liberal
  than mainstream America
• Attitudes also related to agency person works for

70
Do Bureaucrats Sabotage their Political Bosses?

• Hard to fire career bureaucrats
• Bureaucrats may drag heel, block action, etc
• Work well with supervisors who work cooperatively
  and constructively

71
Culture, Career, and Constraints

• Culture and Careers
• Constraints
• Legal procedures
• Shared responsibilities (between agencies)
• Slow movement
• Inconsistencies
• Constraints as response to public demands

72
Agencies Allies

• Iron Triangle
• Relationship among an agency, a committee and an
  interest group
• Department would act in order to get political
  support and budget appropriations, committee
  members act in order to get votes
• Client politics
• Agencies have allies in Congress and the private
  sector

73
Bureaucratic Power

• Discretionary authority
• Passing rules and regulations
• Quasi-legislative power
• Helping Congress draft legislation
• Providing advice to White House
• Settling disputes

74
Congressional Oversight

• Agencies can only exist with Congressional
  approval
• No money can be spent without being authorized by
  Congress
• Annual Appropriation of Money
• Appropriations Committee and legislative
  committees
• Power over an agencies budget
• Continual power struggles
• Trust Funds
• Annual authorization
• Congress tries to keep funding down
• Committee clearance

75
Congressional Oversight, cont.

• Legislative Veto
• Desired by Congress, declared unconstitutional by
  the Supreme Court
• Did require President to keep an executive
  decision before Congress for an extended length
  of time before enactment
• Congressional Investigations
• Not a Constitutional power but Supreme Court
  has upheld validity

76
Bureaucratic Pathologies

• Problems
• Red tape
• Complex rules and procedures
• Conflict
• Agencies working at cross purposes
• Duplication
• Two agencies seem to have same tasks
• Imperialism
• Agencies grow without regard to benefits of their
  programs or the cost of their programs
• Waste
• Spending more than is necessary
• No incentive to be efficient/effective

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The Judiciary
78
Development of the Federal Courts

• Jurisdiction
• Exclusive sole authority of federal courts
• Constitution, federal law, treaty
• Admiralty/maritime law
• Disputes between states
• US government is a party
• Citizens of different states
• Ambassadors/diplomats
• A state as a party
• Concurrent both federal and state courts
• Original authority of a court to first try a
  case
• Appellate court that hears a subsequent appeal

79
Development of the Federal Courts, cont.

• Traditional view that judges would find and apply
  existing law
• Based on what the law required
• Judicial activism argued that judges make the
  laws
• Founders were able to justify power of judicial
  review courts would have a neutral role in
  government

80
Development of the Federal Courts, cont.

• Hamilton argued that courts could decide whether
  a law is contrary to the constitution
• 1787- 1865 legitimacy of federal government and
  slavery
• 1865 1937 relationship between government and
  the economy
• 1938 present personal liberty and social
  equality

81
Development of the Federal Courts, cont.

• National Supremacy and Slavery
• Under John Marshall, national law was deemed to
  be dominant law is all instances
• Supreme Court had right to determine what the
  Constitution meant
• Marbury v. Madison, 1803
• McCulloch v. Maryland, 1819
• Supreme Court could declare an act of Congress
  unconstitutional
• Federal government flows from people, laws
  necessary to attain constitutional ends are
  permissible
• Federal law is supreme
• Dred Scott
• Roger Taney wrote that slaves are not citizens
  and so federal laws affecting slavery were
  unconstitutional

82
Development of the Federal Courts, cont.

• Government and the Economy
• Favor of private property
• Focus of the 14th amendment shifted from black
  citizenship to protection of corporations (big
  business)
• Blockage of anti-trust, regulatory legislations
• Ruled against labor unions/strikes

83
Development of the Federal Courts, cont.

• Government and Political Liberty
• Change in focus and priorities of the justices
• Earl Warren redefined relationship of citizens to
  government and protection from government
  infringement

84
The Structure of the Federal Courts

• Only court established by the Constitution is the
  Supreme Court all other federal courts have
  been established by Congress
• Constitutional court exercising the judicial
  powers from Article III
• District courts (94)
• Courts of appeal (12)
• Legislative court specialized purpose, fixed
  terms of office

85
The Structure of the Federal Courts

• Types of law
• Statutory deals with written statues (laws)
• Common
• Based upon a system of written law
• Based upon precedents - state decisis
• Criminal
• Violations of criminal code
• Violations against society
• Civil
• Disputes between two parties
• Breach on contract, slander, malpractice
• Writ of mandamus court order for one party to
  perform a certain act
• Injunction prohibits a party to act
• Class action lawsuit

86
The Structure of the Federal Courts

• Selecting Judges
• Constitutional judges have life terms selected
  by President, approved by Senate (usually
  represent Presidents party)
• Party, etc. does not always predict ruling base
  on facts of case, arguments, etc.
• Primarily male (Sandra Day O Conner 1st female)
• Senatorial Courtesy
• Senate usually approves if Senators from state of
  nominee approve
• Not existent for Supreme Court
• Litmus Test judges as representative of
  Presidents views?

87
The Structure of the Federal Courts

• The Jurisdiction of the Federal Courts
• Dual Court System
• One state, one federal
• There are different cases for each
• Some cases fall under both jurisdictions and can
  be tried in either or both
• Appellate Jurisdiction
• Lower federal courts
• Highest state courts
• Writ of Certiorari
• Way of petitioning Supreme Court to hear appeal
• If four justices agree, cert is issued and the
  case is scheduled rule of four
• Look for constitutional issue

88
The Structure of the Federal Courts

• Going to Court
• Fee Shifting
• Sovereign Immunity
• Standing being entitled to have a case
• Controversy
• Show harm

89
The Structure of the Federal Courts

• The Supreme Court in Action
• The Supreme Court is a constitutional convention
  in continuous session Woodrow Wilson
• Lawyers submit briefs
• Arguments in court 30 minutes questions from
  justices
• Government is represented by the solicitor
  general
• Voting patterns of the Court
• Fairly consistent positions
• Voting blocs
• Complex factors of case
• Interpretation of laws

90
The Structure of the Federal Courts

• The Supreme Court Decision Making
• Simple majority determines case
• If a tie, previous court decision stands
• Majority opinion - expresses view of majority
• Dissenting expresses opinion of minority
• Concurring agrees with majority but for
  different reasons
• Opinions are how the Supreme Court communicates
  with public

91
The Structure of the Federal Courts

• The Power of the Federal Courts
• The power to make policy
• Via interpretation of Constitution, enforcement
  of laws
• By interpreting law are actually making law
• Declaration of laws being Constitutional or not
• Stare decisis let the decision stand
• Courts take on matters once left to the
  legislature
• More than 1000 state laws declared
  unconstitutional
• More than 130 federal laws as unconstitutional

92
The Structure of the Federal Courts

• Views of Judicial Activism
• It is the courts responsibility to act when other
  branches haven't
• Decisions have huge impact/on society
• The court should be restricted to constitutional
  outline of authority judicial restraint
• The justices are lawyers, not managers
• Special treatment for one group affects all
  groups
• Legislation and the Courts
• When laws are vague, judges have greater power
  for interpretation
• Some laws induce litigation
• Judges determine own role

93
Checks on Judicial Power

• Public Opinion and the Courts
• Aware of elite viewpoints
• Changing public/political moods can affect kinds
  of remedies that judges think appropriate
• Changes reflect appointees
• In the short run, justices arent swayed by
  public as they were appointed by previous
  Presidents to life terms
• In the long run, they reflect the views of the
  public who voted for the President who appointed
  them

• Congress and the Courts
• Check through appointments, confirmed by the
  Senate
• Impeachment of judges
• Alter number of judges
• Can alter decision by amending the Constitution
• Repass a law
• Decide what the entire jurisdiction of the lower
  courts and the appellate jurisdiction of the
  Supreme Court shall be