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
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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)
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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
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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 presidents
nominees for all key foreign
policy positions
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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
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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)
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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 Trumps 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
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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
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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 Its 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
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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)
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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 doesnt have an army to
enforce its decisions
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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 courts 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
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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
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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
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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
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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
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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
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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 Courts 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 unions bargaining activities over issues such as pay and benefits.
Nonmembers do not have to contribute to the unions 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 unions bargaining
for increased benefits when Illinois was facing a budget crisis due in part to
mismanagement of the state pension program. The unions fight is not my
fight, he says. For years it supported politicians who put the state into its
current budget and pension crises. . . . Thats not public service. He believes
that being forced to pay a fee that supports the unions 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 54 Supreme Court majority. Perhaps not
suprisingly, the Gorsuch appointment resulted in a conservative decision in
Janus v. AFSCME, Mr. Januss 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 Womens Law Center.1
For both Democrats and Republicans, the importance of the Supreme
Courts 54 decision underscored the significance of President Trumps
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 actionor inactionand
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 Americas judicial process.
CHAPTER GOALS
+
Identify the general types of cases and types of courts in our legal
system (pp. 37781)
+
Describe the different levels of federal courts and their functions
(pp. 38185)
+
Explain how the Supreme Court exercises the power of judicial review
(pp. 38590)
+
Describe the process the Supreme Court follows in the exercise of its
power of judicial review (pp. 39097)
+
Consider the personal and political in?uences on judges and the
courts (pp. 39799)
376
CHAPTER 12
THE FEDERAL COURTS
The Legal System Settles Disputes
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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…
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