US Government Structure and Political Accountability Mechanisms
Unit 2: American Government Institutions
I. The Judiciary
Constitutional Basis and Federal Courts
Article III establishes the Supreme Court and grants Congress power to create lower federal (inferior) courts.
Federal judges hold their offices “during good behavior” (lifetime tenure).
Structure of the Federal Judicial System
It is a three-tiered system:
- District Courts (trial courts)
- Courts of Appeals (appellate courts)
- Supreme Court (apex)
State and Local Courts
They handle the vast majority of legal cases (criminal, civil, family law, etc.), directly impacting the daily lives of citizens.
Judicial Checks and Balances
- Checks on Executive: Judicial review can strike down presidential actions or executive orders.
- Checks on Legislative: Judicial review can strike down laws passed by Congress.
- Checked by Executive: The President appoints federal judges and justices.
- Checked by Legislative: Congress confirms appointments, can impeach and remove judges, and can propose Constitutional amendments to overturn Supreme Court rulings.
Judiciary, Political Pressure, and Public Opinion
The judiciary may reflect these influences through:
- Appointments made by politically aligned presidents.
- Consideration of amicus curiae briefs (friend of the court).
- Sometimes considering national conditions or public sentiment in major rulings.
Judicial Restraint vs. Judicial Activism
- Restraint: Judges should limit power, defer to elected branches, and only strike down laws when there is a clear conflict with the Constitution.
- Activism: Judges should use power to correct injustices, actively creating or modifying public policy when necessary.
Originalism vs. “Living Constitution”
- Originalism: Interpret the Constitution based on the original intent or meaning of the Framers.
- “Living Constitution”: The document is dynamic; its meaning should evolve to reflect modern society, values, and conditions.
Supreme Court Policymaking and Legislative Authority
The Supreme Court’s ruling in Roe v. Wade (1973) is often cited for creating a detailed national policy on abortion, an area many argue belongs to the legislature.
Argument for Supreme Court Losing Legitimacy
Reasons include:
- Increasingly partisan confirmation processes.
- Perception that rulings are based on political ideology.
- Overturning long-standing precedents (like Roe in Dobbs v. Jackson).
II. The Legislature (Congress)
Congressional Representation
- Does represent: Through descriptive representation (shared demographics), substantive representation (advancing interests), and regular elections.
- Does not represent: Due to low descriptive representation (more wealthy, white, male, educated), high incumbency rates, and focus on national/party interests.
Constitutional Power (Article I)
- Grants enumerated powers (tax, borrow money, regulate commerce, declare war, raise an army).
- Grants the Necessary and Proper Clause (Elastic Clause) to make laws needed to execute its powers.
Major Functions of Congress
- Lawmaking
- Representation
- Service to constituents
- Oversight of the executive branch (bureaucracy)
- Public education
Legislative Checks and Balances
- Checks on Executive: Can override a veto (2/3 vote), controls funding (power of the purse), impeachment/removal, Senate confirms appointments and treaties.
- Checks on Judicial: Can propose Constitutional amendments, controls the number of judges, impeachment/removal, Senate confirms appointments.
Similarity and Difference of Houses
Feature House of Representatives Senate Members 435 members 100 members Term Length 2-year terms 6-year terms Key Powers Power to impeach, initiates revenue bills Power to try impeachments, confirms presidential appointments and treaties Leadership in Congress
- House: Speaker of the House (most powerful).
- Senate: Majority Leader (most influential).
- Other leaders: Majority/Minority Leaders and Whips.
The Committee System
Congress delegates tasks to standing committees (permanent), where most legislative work (hearings, markup, reporting) is done. This allows for specialization.
Delay and Deadlock Factors
Factors contributing to legislative delay and deadlock include:
- Divided government.
- The Senate filibuster (requiring 60 votes to end debate/cloture).
- Intense partisanship.
- Complexity of the lawmaking process.
Power of Incumbency
Incumbents have a significant re-election advantage due to:
- Name recognition.
- Established fundraising networks.
- Franking privilege (free mail).
- Constituent service.
Low Congressional Favorability Ratings
Attributed to:
- High partisanship leading to gridlock.
- Public perception of corruption or undue influence.
- Failure to pass desired legislation.
III. The Executive Branch and Presidency
The Presidency: Stronger Than Framers Envisioned
Factors contributing to the growth of presidential power:
- Rise of the U.S. as a global power (requiring swift action).
- Growth of the federal bureaucracy.
- Increased use of media and technology for direct appeal (“going public”).
- Congressional delegation of authority to the executive branch.
Constitutional Powers
The President’s formal powers include:
- Commander-in-Chief of the armed forces.
- Granting pardons and reprieves.
- Making treaties (with Senate approval).
- Appointing ambassadors, judges, and officials (with Senate approval).
- Vetoing legislation.
The Electoral College (EC)
- System: The President is elected by a body of electors chosen by the states, not by direct popular vote.
- Electors: The number of electors for each state equals its number of House members plus its Senators.
- Purpose: Established as a compromise; gives smaller states proportionally more weight.
Executive Checks and Balances
- Checks on Legislative: Veto power, can call Congress into special session.
- Checks on Judicial: Appoints federal judges, grants pardons and reprieves.
- Checked by Legislative: Override vetoes, impeachment/removal, control of funding.
- Checked by Judicial: Judicial review can rule executive actions unconstitutional.
Going Beyond Formal Authority (Informal Powers)
Presidents use informal tools to expand power, including:
- Issuing executive agreements (like treaties, but without Senate approval).
- Issuing executive orders.
- Using the “bully pulpit” (going public).
- Asserting broad claims of executive privilege (withholding information).
Basis for Broad Authority Claims
Claims are based on:
- The vague Vesting Clause (“The executive Power shall be vested in a President…”).
- Implied powers as Commander-in-Chief.
- Precedents set during national crises.
Factors for Presidential “Success” or “Greatness”
- Leadership during national crises.
- Ability to achieve a legislative agenda.
- Impact on civil rights or expansion of global power.
Use of Media
Presidents use media for the “bully pulpit” to appeal directly to the public, frame issues, and manage their image.
Executive Orders (EOs)
- Definition: Directives managing operations of the federal government with the force of law.
- Usage: Used to make policy quickly without Congressional approval, direct federal agencies, and address emergencies.
- Limits: Must be based on existing authority; can be overturned by federal courts, revoked by a subsequent President, or superseded by Congress.
IV. The Federal Bureaucracy
Scope of Federal Bureaucracy
A vast, complex administrative structure responsible for implementing and enforcing federal laws and policy, staffed by millions of civil servants.
Categories of Agencies
- Cabinet Departments (e.g., State, Defense)
- Independent Executive Agencies (e.g., NASA, EPA)
- Independent Regulatory Commissions (e.g., FCC, SEC)
- Government Corporations (e.g., USPS, Amtrak)
The “Fourth Branch”: Connection and Independence
- “Fourth Branch”: Term used due to its size and policy-making power (rule-making).
- Connected: Under executive branch control (appointments) and legislative control (funding/oversight).
- Independent: Due to civil service protection and specialized expertise.
Evolution and Major Expansion Eras
- 1880s–Early 1900s (Progressive Era): Creation of civil service (Pendleton Act) and regulatory bodies.
- 1930s (New Deal): Huge growth in agencies for economic regulation and social welfare (Social Security, FDIC).
- 1960s (Great Society): Expansion of social programs (Medicare, Medicaid).
Shaping Policy
Agencies shape policy through:
- Rule-making (translating broad laws into detailed regulations).
- Adjudication (applying rules to specific cases).
Bureaucracy Pros and Cons
- Pros: Provides specialized expertise, implements policy efficiently, ensures continuity.
- Cons: Can be inefficient (red tape), suffers from slow change/resistance to oversight, and can act as an unaccountable policymaker.
Civil Service
A system where federal employees are hired and promoted based on merit, not political patronage. This ensures continuity and professionalism but can make the bureaucracy resistant to political change.
Funding
The bureaucracy is paid by U.S. taxpayers. Agencies submit budget requests to the President (OMB); Congress authorizes programs and appropriates money.
Contractors and Grant Recipients
These entities carry out substantial government work (defense, IT, social services), expanding the reach and effective size of the federal workforce.
Unit 3: Accountability and Linkage Institutions
I. Elections, Voting, and Political Parties
Voting Rights Evolution
Key expansions of suffrage:
- 15th Amendment (1870): Prohibited denial of suffrage based on race.
- 19th Amendment (1920): Granted women the right to vote (sex).
- 24th Amendment (1964): Eliminated poll taxes.
- Voting Rights Act (1965): Outlawed discriminatory voting practices.
- 26th Amendment (1971): Lowered the voting age to 18.
Indicators of a Healthy Electoral System
- High voter turnout.
- Free and fair access to the ballot.
- Integrity and security of the vote.
- Competitive elections.
- Public trust in the results.
Voter Turnout Factors and Attributes
- Higher Turnout Attributes: Higher education/income, older age, strong party identification.
- Lower Turnout (U.S. Specific): Non-automatic voter registration, frequent elections, non-holiday Tuesday elections, and a two-party system offering less diverse choice.
Congressional Voting Districts
Districts are drawn by state legislatures (or commissions) every ten years following the census to ensure roughly equal populations (principle of “one person, one vote”).
Gerrymandering Effects
Gerrymandering (drawing districts to favor one party) results in:
- Creation of non-competitive “safe seats,” polarizing Congress.
- Allowing a party to win more seats than their statewide vote percentage suggests.
Two-Party System and Third Parties
- Why the U.S. has one: Due to the plurality, winner-take-all electoral system (single-member districts).
- Third Parties: Rarely win, but act as “spoilers” and bring new issues to the national agenda.
- Major Parties’ Power: Built on broad coalitions, adaptability, and institutionalization in election law.
Rise of Political Partisanship
Factors contributing to increased polarization:
- Gerrymandering creating homogeneous districts.
- Ideological sorting (voters aligning consistently with one party).
- Polarized media consumption.
- Party leaders’ control over legislation.
Policy vs. Personality in Elections
Both matter. Policy matters when issues are salient and clearly defined; personality matters when issues are complex or fueled by media coverage and emotion.
II. Public Opinion and Polling
Learning Public Opinion
Officials gauge public opinion using:
- Formal polling and surveys.
- Election results analysis.
- Contact with interest groups and lobbyists.
- Constituent mail and communication.
- Media coverage.
Factors Affecting Opinions (Political Socialization)
- Political socialization (family, school, peers).
- Demographics (race, class, gender, age).
- Current events and crises.
- Information from media and political elites.
Democrat vs. Republican Views
- Democrats: Generally favor government regulation, social safety nets, and protection of civil liberties.
- Republicans: Generally favor free markets, lower taxes, less regulation, and a strong military.
Public Opinion and Political Outcomes
- Matters: Because officials need to be re-elected (accountability).
- May Not Matter: Because public opinion is often unstable or uninformed, and organized interests often have more influence.
Consequences of Disconnecting Public Opinion and Policy
A lack of linkage between public opinion and public policy would lead to a non-democratic system, less accountability, and potentially civic unrest.
Determining Public Policy
The complex process involves:
- Problem identification.
- Proposal of solutions.
- Policy enactment (legislation).
- Implementation (bureaucracy).
- Evaluation and feedback.
III. Media and the Free Press
Evolution of the Free Press
The press evolved from:
- Partisan newspapers.
- Penny press (mass circulation).
- Yellow journalism (sensationalism).
- Broadcast media (radio/TV).
- Digital media (social media/online).
The First Amendment ensures its protection.
Functions of Media/Free Press
The media serves several roles:
- Gatekeeper: Deciding what issues receive public attention.
- Agenda Setter: Influencing the issues policymakers focus on.
- Scorekeeper: Tracking political success and failure (e.g., election polling).
- Watchdog: Investigating corruption and holding officials accountable.
Officials Use Media vs. Media Use Officials
- Officials use media: To communicate directly, frame issues, and manage their image.
- Media use officials: As a source of information, access to interviews, and commentary.
Effectiveness in Covering Government
The media is often criticized for:
- Focusing on the “horse race” (who is winning) over detailed policy.
- Favoring sensationalism.
- Contributing to information echo chambers.
Impact of New Media (Social Media, Online)
- Increases partisanship (through echo chambers).
- Can decrease trust in government (due to misinformation and disinformation).
Media Bias and Combatting It
Bias (ideological or profit-driven) influences coverage and framing. Combatting it requires seeking multiple sources and critical evaluation.
Informing vs. Attracting Audience
News often prioritizes sensationalism for profit over detailed policy reporting. This leads to an uninformed public, a focus on conflict, and increased political polarization.
IV. Interest Groups
What Interest Groups Do and How
- Goal: Try to influence government policy to benefit their members or cause.
- Methods: Lobbying, grass-roots campaigns, litigation, and electioneering (donations).
Types of Interest Groups and Aims
- Economic: Seek financial gain (e.g., unions, business associations).
- Public Interest: Seek to benefit society as a whole (e.g., environmental groups).
- Governmental: Represent state or local governments.
- Ideological/Single-Issue: Focus on a specific cause (e.g., gun rights, abortion).
James Madison’s View on Factions
Madison called them factions. He argued they pursue selfish interests over the public good, risking instability (as detailed in Federalist No. 10).
Pluralist vs. Elitist Arguments
- Pluralist Argument (Good): Competition among many groups prevents dominance; policy is a reasonable outcome of compromise.
- Elitist Counter Argument (Bad): Only wealthy, powerful groups have real influence; policy consistently favors the rich and powerful.
Raising and Using Funds
- Raising: Membership dues, private donations.
- Using: Funding lobbyists, advertisements, research, and donating to campaigns (via PACs/Super PACs).
Interest Group Money Shaping Outcomes
Money provides campaign financing (leading to access and support), funds research, and enables expensive lobbying efforts.
PACs vs. Super PACs
- PAC (Political Action Committee): Can donate directly to candidates; contributions are strictly limited by law.
- Super PAC: Cannot donate directly to candidates; can spend unlimited amounts on independent expenditures (e.g., political advertisements).
Regulation of Lobbyists
Regulation (registration, disclosure) increases transparency but does not eliminate influence; it often professionalizes lobbying.
Advocacy: Good or Bad for Democracy?
- Good: Gives voice to diverse interests, provides expertise, enhances participation.
- Bad: Contributes to political inequality (favoring the rich), potentially leading to corruption and gridlock.
Unit 4: Making Government Policy
(Note: This section requires information to be filled in based on external class material.)
Fundamentals of U.S. Government
Ideals Forming the U.S. Government
- Limited Government
- Popular Sovereignty (rule by the people)
- Natural Rights (life, liberty, pursuit of happiness/property)
- Social Contract Theory
- Republicanism (representation)
What Makes American Government Distinct
The U.S. system is exceptional due to:
- A long-standing written Constitution.
- A powerful system of Separation of Powers (SOP) and Checks and Balances.
- A unique combination of federalism and republicanism.
- Strong emphasis on individual liberty.
Who Really Governs? How Groups Shape Outcomes
Power is dispersed among multiple actors (Pluralism):
- Elites: Wield financial power.
- Elected Officials: Wield legal authority and agenda-setting power.
- Bureaucracies: Wield specialized expertise and implementation power.
- Courts: Wield judicial review.
- Interest Groups: Wield lobbying and financial power.
- Media: Wield agenda-setting power.
- Public/Voters: Wield electoral power (the ultimate check).
Effectiveness of Accountability Mechanisms
- Strong Mechanisms: Elections, Judicial Review, Media Watchdog function.
- Weak Mechanisms: Impeachment (rare/political), Congressional oversight (inconsistent), limits on campaign finance.
Democracy and Health of American Democracy
- Democracy Definition: Rule by the people, directly or through representatives.
- Health Arguments (Weakened): Political polarization, low public trust, and systemic inequality.
- Health Arguments (Strengthened): Peaceful transfers of power, free press, and strong institutions.
Why Framers Limited Central Power (SOP/Federalism)
The Framers feared the concentration of power (tyranny).
- SOP: Divided power among three branches to prevent any single branch from becoming too strong.
- Limited Central Power (Federalism): Divided power between the national government and state governments to protect individual liberty.
Key Debates in American Government
The U.S. is an Oligarchy
- Pro: Argues that economic elites and organized business groups hold the ultimate power, with policy outcomes often aligning with the preferences of the wealthy rather than the majority.
- Con: Argues that power is broadly distributed among various competing interest groups (pluralism), and elections ultimately allow voters to hold elected officials accountable.
- Stake: The health of American democracy and whether reforms are needed to address economic inequality in politics.
State Policy Variation vs. Single National Policy
- Pro (National Policy): Argues that a uniform national standard (e.g., on environmental protection) ensures equal treatment for all citizens, eliminates competitive disadvantages between states, and is more efficient.
- Con (State Variation): Argues that states are “laboratories of democracy,” allowing new policies to be tested locally before going national, and that local populations should have the power to tailor policy to their needs.
- Stake: The balance of power between the state and federal governments (federalism) and the efficiency/fairness of policy outcomes.
Individual Liberties vs. Community Rights in Free Speech
- Pro (Individual): Argues that robust individual free speech is essential for political discourse, and that community standards are too easily used to suppress unpopular or minority opinions.
- Con (Community): Argues that speech that incites violence, defamation, or harms the collective safety/order (e.g., hate speech) should be limited to protect the community.
- Stake: The scope of First Amendment protections and the ability of the government to regulate speech for public order.
Constraints on Voting Access Strengthen the Electoral System
- Pro (Constraints): Argues that requirements like photo ID or strict registration deadlines prevent voter fraud, which ensures the integrity and public trust in election outcomes.
- Con (Constraints): Argues that constraints are a form of voter suppression, particularly impacting minority and low-income voters, which weakens the system by reducing turnout and making it less representative.
- Stake: The balance between election security and ensuring broad access to the ballot.
Separating Church and State vs. Free Exercise Rights
- Pro (Free Exercise): Argues that a strict separation limits the ability of individuals and religious groups to practice their faith publicly (e.g., religious displays on public property, exemptions from general laws).
- Con (Separation): Argues that the Establishment Clause requires strict separation to prevent the government from officially sanctioning or funding any one religion, thereby protecting non-believers and minority religions from coercion.
- Stake: The interpretation of the First Amendment’s two clauses regarding religion (Establishment vs. Free Exercise).
The Executive Branch Should Be the Strongest Branch
- Pro: Argues that the President is the only official elected by the entire nation (via the EC), providing the necessary unity and speed to act decisively during national crises or on foreign policy.
- Con: Argues that giving too much power to one individual creates the risk of tyranny, and that Congress (the representative body) should remain the strongest to ensure democratic deliberation and checks on power.
- Stake: The balance of power among the three branches and the danger of an “Imperial Presidency.”
The Media Are a Foe to Proper Government Functioning
- Pro (Foe): Argues the media are driven by profit, leading to sensationalism and polarization, and that partisan bias undermines public trust in both government and the press.
- Con (Not Foe): Argues the media’s Watchdog function is essential for exposing corruption, and that the First Amendment’s protection of a free press is a core democratic value.
- Stake: The role of the media in a democracy and public trust in information sources.
The U.S. Must Play a Strong Assertive Role in Foreign Affairs
- Pro (Assertive): Argues that the U.S. has a duty to promote democracy and human rights globally, and that maintaining global order is necessary for U.S. economic and national security.
- Con (Less Assertive): Argues that the U.S. should prioritize domestic issues, and that foreign intervention is costly, often fails, and can be seen as an unwanted imposition on other nations’ sovereignty.
- Stake: The scope of U.S. presidential power abroad (Commander-in-Chief) and the commitment to international alliances.