UCI Institutional Powers of the Presidency Analytical Essay In an essay of 4 to 6 pages (1,000 to 1,500 words), please answer the following prompt.  I expe

UCI Institutional Powers of the Presidency Analytical Essay In an essay of 4 to 6 pages (1,000 to 1,500 words), please answer the following prompt.  I expect you to write your essay based on the assigned readings, on class forums, and on lectures and other video materials presented on the web site. I do not expect you to supplement these sources with outside research.
I also expect you to provide appropriate citations to your sources. If this is the text, you should use parenthetical endnoting with specific page references (e.g. Ginsberg, et. al. 2019: 41). If you are citing a lecture, you should provide the lecture number.  
Analytical Essay Prompt
The president has constitutional, institutional, and political sources of power. Of these, the institutional powers are arguably the strongest. In an essay, analyze the institutional powers of the presidency and assess how Presidents in the 20th Century were able to use their institutional and political resources to challenge what had historically been Congressional dominance of U.S. national politics. In your opinion, based on the evidence that you have presented, what is the likely future balance of power between Presidents and Congress? Why?
I will provide the textbook as well as the lecture power points, please use both. Thank you! (Chapters 12-14 are from the textbook: “e.g. Ginsberg, et. al. 2019: 41”) 7/18/2018
Policymaking:
Domestic and Foreign
Module 10, Lecture 1
Public Policy and Control
• Public Policy
• A purpose or goal expressed by
the government that is backed by
a sanction (a reward or
punishment)
• Requirement that children and
teens attend school through 12th
grade
• Policy is inherently coercive
because people must follow it
• And some will oppose the goal
Public Policy and Control
• How does government get
people to follow public policy?
• Encouragement
• Sanction
• Policy types
1. Promotional
2. Regulatory
3. Redistributive
1
7/18/2018
Promotional Policies
• Subsidies
• Subsidies encourage people to do
things they otherwise could not
afford to do
• Contracting
• The government purchases many
services in the private sector
• Can set rules to encourage certain
outcomes
• Energy efficiency and a move away
from carbon-based fuels
• Licenses to permit actions that are
otherwise prohibited
Regulatory Policies
• Rules backed by penalties
• Criminal
• Civil
• Regulation takes different
forms:
• Police regulation
• Criminal and civil penalties
• Administrative regulation
• Regulatory taxation
• Taxation of alcohol
• Expropriation
Redistributive Policies
• Manipulate the structure of the
economy, rather than individual
behaviors
• Also called macroeconomic
policies
• Two types:
• Fiscal (the use of taxes and
spending to influence the
economy)
• Monetary (shaping the economy
by controlling the availability of
money to banks)
2
7/18/2018
Excellent Summary
The Nature of Foreign Policy
• The programs and policies that
determine our relations with
other nations and foreign
entities
• Diplomacy
• Military and security policy
• International human rights
policies
• Economic policies such as trade
and international energy policy
Goals of Foreign Policy
1. Security
2. Economic prosperity
3. Securing U.S. influence
3
7/18/2018
Who Makes American Foreign Policy?
• Presidents tremendously influential
• Bush
• Preemptive war
• Unilateral military action
• Obama
• Diplomacy and cooperation with allies
• “Pivot” to Asia
• Denuclearization
• Trump
• “America First”
• Unilateralism and distrust of international
institutions
• Bilateral trade agreements
The Foreign Policy Bureaucracy
• Secretaries of State, Defense,
and Treasury
• Power centers under Obama
• Diminished under Trump
• Joint Chiefs of Staff ( JCS)
• Director of CIA
• National Security Council (NSC)
• National Security Advisor to the
President
Congress and Foreign Policy
• The Constitution gives Congress
the power to declare war
• Congress controls funding for
war
• But Congress rarely refuses to
fund military actions the
president has initiated
• Senate confirms president’s
nominees for all key foreign
policy positions
4
7/18/2018
Another Great Summary from Your Text
In Sum
• Policymaking: balance between
coercion and encouragement
• Actors vary in domestic and foreign
policymaking
• But resources similar
• Congress a central player in
domestic policymaking
•
•
•
•
Creating of government programs
Appropriations
Oversight
Administration by executive branch
• Executive branch more central in
design and implementation of
foreign policy
• President sets tone of foreign policy
during administration
5
7/18/2018
Can American Government Govern?
Module 10, Lecture 2
Madisonian System Hobbled by Divided Government
& Evenly Divided Electorate
• Divided government
• One branch of government controlled
by the Republicans and the other
controlled by the Democrats
• In the modern era (post-1968), divided
government is the norm
• 2016 election resulted in unified
Republican control
• Evenly divided electorate
• Rise of independents has not given rise
to significant reshaping of party
electoral coalitions
Reminder (From Module 5)
1
7/18/2018
Divided Government, Partisan Electorates, and
Policymaking
• Incrementalism
• Rise of symbolic politics
• The “bully pulpit” at all levels of government
• Slow confirmation of executive appointments
• Deferring major decisions to non-elected
agencies
• Courts taking on a policymaking role
• Growing popular dissatisfaction and
cynicism with government
• The Tea Party and Occupy movements
• Talk (symbolic at this stage) of secession
• Segment of Trump electoral coalition mobilized
by rejection of “politics as usual”
Low Popular Support for Unified Government
“Unified” Party Government In Trump Era Also
Shows Madisonian Limits
• “Moderates” and “hardliners” in the
Republican coalition
• Fears of being “primaried” and/or loss in the
general election
• Genuine policy differences, but no venue for
debate and compromise
• President Trump’s weak position in
the ongoing plebiscite
• Defeat in the popular vote
• Failure to present a policy agenda and lead the
Republican Party
• The drip, drip of scandal
2
7/18/2018
Divided Government and Public Trust in
Government
• Use of the judicial system to
undermine presidential and
congressional authority
• Independent counsels and the
media have become arbiters
between branches and political
parties
• Process confuses and,
ultimately, alienates the
citizenry
Trust in the Federal Government Declining
21st Century Challenges
1.
2.
3.
4.
5.
6.
The American Dilemma: race and
ethnicity remain the major cleavage
in society
Federalism: nation (and world) are
increasingly linked, yet the United
States is internally divided
Declining popular involvement: civic
involvement in decline
Fiscal and environmental limits on
growth
Madisonian structures reinforced by
divided government hobble
government
Globalization, modernization,
markets, and U.S. hegemony in
Starbucked world
3
7/18/2018
Each Requires a National Debate and a Path to
Developing a National Consensus
• Constitutional design and
partisan division preclude
resolution of these issues … or
even having a conversation
about how to move forward
• See Daily Show and Brookings
Institution interviews with Thomas
Mann and Norman Ornstein,
authors of It’s Even Worse Than it
Looks
• National leaders echo distrust
of national political institutions
To Wrap Up (the Lecture and the Course)
• Divided government exacerbates
the weaknesses of Madisonian
democracy
• The costs of the Madisonian limits
(and of divided government) are
higher in the modern world than
in 1787
• Most significant among these is
the fraying of the link between
governed and government
• Legitimacy critical to all
governments and particularly to
democratic governments
So As Not to End on a Pessimistic Note
• The nation has faced challenges
before and has overcome them
• How?
• Reliance on shared values
• Organization
• Popular mobilization
• Leadership
• Identify your vision and
organize!
4
7/18/2018
The Judiciary (1):
The Foundations of Institutional Power
Module 9, Lecture 1
The Federal Courts: Two Views
• “The Least Dangerous
Branch”
• Federalist Papers: Less threat
to individual liberties than
other branches
• Less institutional power
• Early in its history
• High turnover among judges
• Difficult work: “Riding
Circuit”
The Federal Courts: Two Views
• The “Imperial Judiciary”
• Courts placing themselves at the
center of contentious national
issues
• Bush v. Gore (2000)
• Citizens United v. Federal Election
Commission (2010)
• National Federation of Independent
Business, et. al. v. Sebelius, Secretary
of HHS, et. al. (2012)
• Burwell v. Hobby Lobby (2014)
• Obergefell v. Hodges (2015)
• Trump v. Hawaii (2018)
1
7/18/2018
Watch the video
“A Conversation on the
Constitution: Judicial
Independence”
Constitutional Limits on the Judiciary
• Judges appointed by President
• Congress approves presidential
appointments of judges
• Congress sets salaries of new
judges
• Congress establishes judicial
jurisdiction (outside of
Constitutional issues)
• Laws written by Congress
• Lifetime appointments a
twin-edged sword
Political Limits on the Judiciary
• Courts are anti-democratic
• Life-time appointments
• Drawn from societal elites
• Decisions often turn on small
points
• Rulings increasingly technical
• Multiple entry points
• Judicial rulings face the court
of public opinion
• Court doesn’t have an “army” to
enforce its decisions
2
7/18/2018
The Marshall Court (1801-1835):
Tackling yet Recognizing Limits on Judicial Power
• Marbury v. Madison (1803)
• Assertion of judicial review of the acts of
Congress
• United States v. Schooner Peggy (1801)
• Assertion of review power over treaties
• Both cases
• Courts asserted new power
• Recognized court’s institutional weaknesses
weaknesses
• Tempered ruling so as not to antagonize
elected branches
Traditional Limits on Judicial Power
Standing
• Definition: The ability to
bring a case before the courts
• Traditional view:
• The harm had to be unique to
the individual bringing case
• Frothingham v. Mellon
• Courts do not initiate action
3
7/18/2018
Scope of Judicial Remedy
• Justiciability: An issue that
can be judged by the courts
• Traditional view
• Courts limited in the remedy
that they can offer
• Courts offer relief to individuals
not groups
• Courts defer to elected
branches in some types of
disputes
• Foreign policy
• Electoral outcomes
Lack of Enforcement Powers
• Courts rely on other branches
to enforce decisions
• Particular problems with
cases that violate popular
norms and practices
• Cherokee Nations Case (1831)
• Prayer in public schools
• Limits on police behaviors
• School desegregation
Institutional Changes: Creating an Imperial
Judiciary?
1. Courts have expanded the rules of
standing
• Taxpayers can sue to prevent unconstitutional
federal actions simply based on their status as
taxpayers
2. Courts have broadened the scope of
relief
• Recognizing that harms can be collective
• Creating a constituency for the courts
3. Courts have developed structural
remedies
• By maintaining judicial involvement, courts can
ensure cooperation in controversial issues
4. Judicial terms lengthening and
nomination process becoming more
partisan
4
7/18/2018
In Sum
• Courts traditionally the weakest
branch
• The Marshall Court expanded
judicial power, but recognized
limits
• Traditional limits on the courts
have been ameliorated by
institutional and political change
• Standing
• Scope of judicial remedies
• (Lack of) enforcement powers
• In the process, the courts have
created a greater popular
constituency
• Have placed themselves in the
5
7/18/2019
The Judiciary (2):
Organization and Membership
Module 9, Lecture 2
Louis DeSipio
Department of Political Science
Department of Chicano Latino Studies
Federal Court System
Supreme Court
Heard 75 cases
Federal Court of
Appeals
Heard ~50,000
cases
Federal District
Court
Heard ~400,000
cases
Federal
Bankruptcy Court
~800,000
bankruptcies
filed
The U.S. Supreme Court
Nine justices
• Chief Justice and eight
Associate Justices
• System of equals, which functions
on the basis of seniority
• All judges have equal say and
each has one vote
• If Chief Justice is in the majority,
he assigns the writing of the
majority opinion; if not, the most
senior justice in the majority does
• Number of Justices not dictated
by Constitution – can go up or
down
1
7/18/2019
How Cases Reach the Supreme Court
The U.S. Supreme Court 2019
The U.S. Supreme Court
2019
October 2018
April 2017
March 2016
February 2016
Justice
Scalia dies
Obama nominates
Merrick Garland
The Senate
refused to
hold
hearings on
the Garland
nomination
Neil Gorsuch
confirmed
(replacing
Justice Scalia)
Brett Kavanaugh
confirmed
(replacing Justice
Kennedy)
Republicans in
the Senate
eliminated
filibusters of
Supreme
Court
nominees
2
7/18/2019
When Does the Supreme Court Take a Case?
SCOTUS more likely to “grant
cert” to cases where:
• An important civil right or civil
liberty is at stake
• Appellate courts have ruled
differently on the same law, and
it needs to be applied
universally
• A lower court has ruled
differently from precedents
established by a higher court
• The federal government is filing
the appeal
Supreme Court Decision Making
• Most case decided on statutory grounds using
stare decisis
• Activism and Restraint
• Judicial Restraint: The Court should look only at the
words of the Constitution when interpreting it
• Judicial Activism: The Court should consider the
broader societal implications of its decisions as well as
the words of the Constitution
• Traditionally, liberal judges tend to be activists;
conservatives are more restrained
• These definitions are in flux
• Listen to National Public Radio review of the
most recent Supreme Court term
3
7/18/2019
The Justices’ Ideologies
• Court ideologies align with the
party of the President who
appointed them
• A first in modern Supreme
Court history
• Each justice more conservative
that the justice s/he replaced
• Court willing to wade into issues
under active debate in the
political branches
Supreme Court has Declined in the
Public Eye
In Sum
• Court at a critical moment in its history
1.
2.
3.
4.
Has expanded its constituencies
Ruled more frequently on constitutional
issues
Popular trust in decline
Right-leaning majority in control for the
foreseeable future
• Known to Chief Justice Roberts
•
•
He, more than others, appears concerned
with Court’s public legitimacy (but has
strong ideological positions)
Sometimes seeks a middle-ground ruling
prior to a conservative ruling in a
subsequent term
• Courts always in (slow) flux
•
Membership will change
• Minority party can no longer block
nominations
• Will size of court change?
4
DIBQUFS
12
The Federal
Courts
WHAT GOVERNMENT DOES AND WHY IT MATTERS Mark
Janus works for the Illinois Department of Healthcare and Family Services
as a child support specialist. He is not a member of the union representing
many public-sector workers in the state, the American Federation of State,
County, and Municipal Employees (AFSCME). Nonetheless, he is required to
pay a “fair-share” fee to the union on the grounds that nonmembers benefit
from the union’s bargaining activities over issues such as pay and benefits.
Nonmembers do not have to contribute to the union’s political activities, such
as endorsements of political candidates.
Janus argues, however, that all activity that public-sector unions engage in
is inherently political. In particular, he disagreed with the union’s bargaining
for increased benefits when Illinois was facing a budget crisis due in part to
mismanagement of the state pension program. “The union’s fight is not my
fight,” he says. “For years it supported politicians who put the state into its
current budget and pension crises. . . . That’s not public service.” He believes
that being forced to pay a fee that supports the union’s activities violates his
Although the Supreme Court is often viewed as the least
political of the three branches, its rulings touch on major
political issues that affect Americans in many ways. Here
Mark Janus (center) stands with supporters after winning
his Supreme Court case that could have a profound effect
on how unions operate.
First Amendment rights. His case went to the Supreme Court, which heard
oral arguments in February 2018.
After taking office in 2017, Trump nominated conservative appeals court
judge Neil Gorsuch to the vacant seat. With the Gorsuch appointment, conservatives once again enjoyed a 5–4 Supreme Court majority. Perhaps not
suprisingly, the Gorsuch appointment resulted in a conservative decision in
Janus v. AFSCME, Mr. Janus’s First Amendment rights would be upheld. But
union supporters say the decision will have devastating effects on publicsector unions’ ability to protect workers, including female, African American,
and Hispanic employees, who face a smaller gap in pay in union jobs compared to nonunion jobs, according to the Economic Policy Institute and the
National Women’s Law Center.1
For both Democrats and Republicans, the importance of the Supreme
Court’s 5–4 decision underscored the significance of President Trump’s
Supreme Court appointments. Had Obama nominee Merrick Garland, rather
than Trump nominee Neil Gorsuch, been seated on the High Court, the
375
mandatory-dues requirement would likely have been upheld. With the Janus
decision in mind, Democrats and Republicans prepared to redouble their
efforts to win subsequent battles over judicial appointments, as President
Trump announced the nomination of Brett Kavanaugh, another conservative
judge, to take the place of Justice Anthony Kennedy, who announced his retirement in July 2018. After a divisive political battle, Kavanaugh was confirmed by
the Senate and joined the Court in October.
Every year, nearly 25 million cases are tried in American courts. Cases
can arise from disputes between citizens, from efforts by government agencies to punish wrongdoing, from citizens’ efforts to prove that their rights
have been infringed on as a result of government action—or inaction—and
from efforts by interest groups to promote their agendas. The framers of the
Constitution called the Supreme Court the “least dangerous branch” of
American government. Today, though, it is not unusual to hear the Court
described as an all-powerful “imperial judiciary.” But before we can understand this transformation and its consequences, we must look in some
detail at America’s judicial process.
CHAPTER GOALS
+
Identify the general types of cases and types of courts in our legal
system (pp. 377–81)
+
Describe the different levels of federal courts and their functions
(pp. 381–85)
+
Explain how the Supreme Court exercises the power of judicial review
(pp. 385–90)
+
Describe the process the Supreme Court follows in the exercise of its
power of judicial review (pp. 390–97)
+
Consider the personal and political in?uences on judges and the
courts (pp. 397–99)
376
CHAPTER 12
THE FEDERAL COURTS
The Legal System Settles Disputes
0SJHJOBMMZ Bi DPVSUwXBTUIFQMBDF
XIFSFBTP WFSFJHOS VMFE‰XIFSFUIF
LJOHPSRVFFOHP WFSOFE4 FUUMJOH
EJTQVUFTCFUXFFODJUJ[FOTXBTQBS UPG
HPWFSOJOH* ONPEFSOEFNPDSBDJFT
DPVSUTBOEKVEHFTIBWFUBLFOPWFSGSPNNPOBSDITUIFQPXFSUPSFTPMWFEJTQVUFTCZ
IFBSJOHUIFGBDUTPOCPUITJEFT BQQMZJOHUIFSFMFWBOUMBXPSQSJODJQMFUPUIFGBDUT
BOEEFDJEJOHXIJDITJEFQPTTFTTFTHSFBUFSNFSJU#VUTJODFKVEHFTBSFOPUNPOBSDIT
UIFZNVTUIBW FBCBTJTGPSUIFJSBVUIPSJUZ . That basis in the UOJUFE4UBUFTJTUIF
$POTUJUVUJPOBOEUIFMBX
Identify the general types of cases
and types of courts in our legal
system
COURT CASES PROCEED UNDER CRIMINAL AND CIVIL LAW
$PVSUDBTFTJOUIF6OJUFE4UBUFTQSPDFFEVOEFSUXPCSPBEDBUFHPSJFTPGMBXDSJNJOBM
MBXBOEDJWJMMBX
$BTFTPG criminal lawEFBMXJUIEJTQVUFTPSBDUJPOTJOW PMWJOHDSJNJOBMQFOBMUJFT
$SJNJOBM MBX SFHVMBUFT UIF DPOEVDU PG JOEJWJEVBMT defines DSJNFT BOE specifies
QVOJTINFOUGPSBDUT defined as illegal. The goWFSONFOUDIBSHFTBOJOEJWJEVBMXJUI
WJPMBUJOHBTUBUVUF BMBX UIBUIBTCFFOFOBDUFEUPQSPUFDUUIFQVCMJDIFBMUI TBGFUZ
NPSBMT PS XFMGBSF *O DSJNJOBM DBTFT UIF HPWFSONFOU JT BMXBZT UIF plaintiff UIF
JOEJWJEVBMPSPSHBOJ[BUJPOUIBUCSJOHTBDPNQMBJOUJODPVS
U BOEBMMFHFTUIBUB
In criminal cases, the government charges an individual with violating a statute protecting health,
safety, morals, or welfare. Most such cases arise in state and municipal courts. Here, an Illinois
county court hears testimony in a murder case.
THE LEGAL SYSTEM SETTLES DISPUTE…
Purchase answer to see full
attachment