Phoenix Forum

1. Phoenix Forum • Next class—go directly to the Christie Theater; attend the discussion group you signed up for (be sure to sign the attendance sheet); write a memo about the experience (due April 12) • Worth 10 percent of the grade

2. Congress The legislative branch

3. Quiz (true or false) • US representatives and Senators are elected every two years. • Currently, the 109th congress is in its first session. • The Democrats gained seats in the last election. • Wisconsin lost a congressional seat after the last census.

4. Constitutional provisions: • bicameral legislature • representatives apportioned among the states based upon population; serve 2 year terms; 25 years old (435 since 1910) • 100 senators; serve 6 year terms; 30 years old

5. more • entire House elected every two years, coincides with congressional terms • Sessions are every year (109th; 1st session) • one-third of the Senate is up for election every two years

6. Purpose of Congress • To make laws • deliberative body • reconciles interests • Represent citizens • representational dilemma: national or district/state interests? • trustee, delegate, politico

7. Other purposes of Congress • Oversee the executive branch • oversight hearings • appropriations ($) for programs • Government Accountability Office • Congressional Budget Office • Congressional Research Office

8. Specialized duties • House: • impeachment powers • revenue bills • Senate: • approve presidential appointments • approve treaties • try an impeachment case

9. In the news • The senate’s “nuclear option” for judicial appointments • Republicans want to stop filibuster for judicial nominations • Cloture, holds, filibusters, and constitutional “advice and consent” • 51 v. 60 (55 Republican senators)

10. congressional districts • malapportionment • reapportionment; redistricting • gerrymandering • majority-minority districts

11. 3 minute example • 4 congressional districts • 800,000 registered voters • 485,000 Democrats • 315,000 Republicans • How would Republicans gerrymander the districts to best advantage?

12. “Bottom line” • all legislative districts must contain equal population • gerrymandering is unconstitutional ONLY if it discriminates or significantly ignores community cohesiveness

13. In 2004, 98 percent of representatives and 85 percent of senators seeking re-election won.

14. Incumbency advantage • franking privilege • name recognition • credit claiming • access to campaign resources • Casework/ constituency service

15. term limits • Constitution places no limits on length of service • 1990s, states with the initiative process voted for term limits • 1995 U.S. Supreme Court ruled term limits for congress unconstitutional • Congress voted down constitutional amendment

16. How a bill becomes law • Rule #1: most bills won’t pass • Why? • 1. Identical versions of the bill must pass both houses • 2. political party in the majority controls leadership

17. Why? • 3. Power of committees • “dim dungeons of silence from whence bills never return” (Woodrow Wilson) • Discharge motion is only way to get a bill out of committee (petition by 218 members) • 4. House Rules committee • “traffic cop”: when sent to the floor, length of debate, kind of rule (i.e., closed rule=no amendments)

18. Why? • 6. Holds and filibusters will stall a bill in the Senate (only way to stop a filibuster is through cloture) • 7. Bills must be passed before Congress adjourns. • 8. Goes to the President

19. President may • Sign a bill • Veto a bill (no line-item veto) • Let ten days pass, and a bill will become law without his/her signature (unless Congress adjourns—pocket veto)

20. What’s in a number? • H. Res 17 S. Res 18 (resolutions) • H.R. 1 S. 2 (bills) • Public Law 109-1 (the first bill passed)

21. Optional writing assignment due 4/19 • Search the Thomas Jefferson database to find a bill or resolution introduced in the 109th congress. Answer the following: • What will the bill/resolution do? • Who sponsored the bill? Cosponsors? • Where is it in the legislative process? http://thomas.loc.gov

22. Representational dilemma • Pork barrel politics and log rolling • Homeland security spending • What do you learn about pork barrel politics?

23. In the news • Tom Delay, Majority Leader • what is the issue? • Repeal of the estate tax passed • Energy bill out of committee sent to floor • John Bolton confirmation hearings

24. THE PRESIDENCY Imperial or imperiled?

25. Imperial, because the president is the most important person in the country (world?) Imperiled, because the president faces many constraints, including limited terms, narrow windows of public support, high public expectations What do you think?

26. How does a president receive power? • Bases of political power • the societal base • the legal/constitutional base

27. The social base of political power • “plebiscitary presidency” • Theodore Lowi

28. What are the key qualities of a president?

29. Power to persuade • Richard Neustadt: most important power • fundamental change in presidential power has been the rise of the public president • Who is the president persuading?

30. factors affecting popularity • limited time frame: honeymoon • function of events: peaks and valleys • “rally around the flag” • state of the economy • character/persona

31. The honeymoon that never really started… • Current approval rating • Never over 57 percent, even after Iraqi elections—why?

32. Divided opinions about President • 85% of Republicans approve • 13% of Democrats approve • 43% of Independents approve

33. Judicial assignment • Questions?

34. In the news • Energy bill in House—a key agenda item for the Bush administration • If passed, will open drilling in ANWR • Filibuster likely in Senate • Writing your senators • Earth Day and public opinions about the environment

35. The legal/constitutional base of power • Constitutional Powers: Article II • three clauses: • executive power shall be vested in a president • president shall be Commander in Chief • president shall “take care” that the laws be faithfully executed • Office of president is one of delegated and inherent powers

36. Eligibility requirements • natural born citizen • 35 years old • U.S. resident for 14 years

37. Who is this man, and what does he have to do with presidential succession?

38. Tenure and Succession • two terms (22nd amendment) (1951) • 25th amendment (1967) • Presidential Succession Act of 1947 • Vice President; Speaker of the House; President Pro Tempore of the Senate; Secretary of State, Treasury, Defense...

39. Foreign powers • Congress has power to declare war, but President is the commander in chief • War Powers Act (1973) • Consult Congress in every possible instance • notify Congress within 48 hours of committing troops • prohibited from keeping troops more than 90 days

40. Other foreign powers • receive ambassadors/ diplomatic missions • make treaties (approval of Senate) • executive agreements (does not require approval)

41. Legislative powers • president tries to advance programs • submits an executivebudget • vetoes bills • Executive privilege and the energy policy

42. Administrative Powers • Presidential appointments • “senatorial courtesy” for judicial appointments • Executive Orders • rule issued by the president that has the effect of law. Find them at www.whitehouse.gov • usually an administrative obligation • ie. EO 9981 (Truman: integrated military)

43. Bureaucracy • what do you think of when you hear the term bureaucracy? • Big, slow, not responsive to people, powerful • way of organizing a group to achieve work (private or public) • prime values are coordination and control

44. Bureaucracies are rational ways to organize work Example

45. Characteristics (Max Weber) • employment based on qualifications (merit) • coordination through a hierarchy • impartial execution of duties • specialized tasks

46. Today • Most federal employees receive jobs based upon merit (civil service), few positions are political appointments

47. What public bureaucracies do • implement the laws • write regulations • published in the Federal Register and Code of Federal Regulations • Adjudicate (FTC, FCC)

48. Types of regulation • “old style”: economic regulation to ensure fair trade practices, establish requirements for entry into markets, etc. • “new style”: social regulation to ensure safe workplaces, clean environment, safe products, end discrimination

49. Regulations often emerge as an outcome of legislative delegation of authority to federal agencies • laws can’t be specific enough, therefore agencies must act • Let them eat cake example

50. Politics of regulation • rules, like laws, have stakeholder involvement • target group, citizens who pushed for law, politicians, field staff • thus, promulgating a regulation and enforcing it are two different things