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UNIT IV: Institutions of Government. Directions: Score each activity below using the guidelines provided. Write your score on the line provided. If you.

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Presentation on theme: "UNIT IV: Institutions of Government. Directions: Score each activity below using the guidelines provided. Write your score on the line provided. If you."— Presentation transcript:

1 UNIT IV: Institutions of Government

2 Directions: Score each activity below using the guidelines provided. Write your score on the line provided. If you do not have an activity for a day you had an excused absence, write the letter A on the line provided, otherwise write a 0. Then add up your scores. Total Points (TP) _____ Actual Total (AT) _____ (__ pts.*) Notes: Total Points (TP) is the sum of your warm up scores. To determine your TP, add up the scores for all of your warm ups/written activities. Actual Total (AT) is the sum of a perfect score for each warm-up activity. To determine your AT, add up the scores for all of warm ups you were present for (*the true actual total – perfect attendance). TOTAL SCORE _____/10

3 Read Supreme Court Case Study 33: The Courts Role in State Apportionment: Baker v. Carr, 1962, and answer the questions below. What are the FACTS of the case? (ID 5) What are the ISSUES of the case? (2) What are the ARGUMENTS for the petitioner? (Baker – 1-2) What are the ARGUMENTS for the respondent? (Carr – 1-2) What was the Supreme Courts DECISION in the case? (2) Score: _____ /5

4 Tennessee Constitution called for reapportion- ment of state legislative districts every 10 years based on census many peops in Tenn had moved from rural areas to cities & burbs over 60 years no redistricting had been done thus rural areas had more influence (city dwellers felt like second-class citizens) Baker brought suit on behalf of self & Tenn. voters for violation of equal protection clause

5 Does Article III, Section 2 of the U.S. Constitution provide federal courts jur- isdiction (the right rule & decide) in cases dealing state malapportionment? Can federal courts force states to redraw electoral districts?

6 Tenns apportionment was disproportionally favoring less populated areas violated 14 th Amendment which granted federal courts jurisdiction

7 Article III, Section 2 did not grant federal courts jurisdiction to hear case the case is a political question not a legal one

8 Tenns malapportionment was in conflict with U.S. Constitutions equal protection clause Thus the court had jurisdiction & could force state to redraw electoral districts

9 The decision in Baker v. Carr was the first to hold that federal courts could hear suits challenging voting district reapportionment by states. a) What practice did the Baker decision address? b) On what grounds did the Supreme Court claim it had a right to rule in the Baker case? c) Why do you think Chief Justice Warren called the Baker decision the most important of his court? d) Be sure to include details and examples in your answer.

10 a) Describe whats going on in the political cartoon (Who? What? When? Where?) [1] b) Identify any symbols (ex: an elephant to represent the Republican Party) portrayed in the cartoon and analyze what they represent. [1] c) What is the artists message in the cartoon? What do you think is its purpose? [1] d) Do you agree or disagree with the cartoonist's message? Explain your answer. [2] e) In what ways does this cartoon inform us about how Congress works (ex: party leadership, committee function, legislative process)? [1] Score: _____ /6

11 1. Reading 56: J. Madison, Federalist 53, 56-58, 62 & 63 – Answer DQs 1-4 & MCs 2. Reading 58: M.P. Fiorina, The Rise of the Washington Establishment – Answer ALL Qs 3. Reading 59: L.C. Dodd, Congress and the Quest for Power – Answer ALL Qs

12 a) Summarize Fiorinas argument about members of Congress and what they strive to accomplish. [1] b) Explain how Fiorinas conclusions are similar to that of Dodds and in what ways do they differ, if any. [2] c) Determine in what ways Congress operates today according to how the founders had anticipated or intended, and in what ways Congress differs in regards to the framers intentions. [2] Score: _____ /5

13 Members of Congress are charged with three primary dutieswriting laws, overseeing the implementation of laws, and serving the needs of their constituents. 1. Describe the role of each of the following in lawmaking. [3 – 1 pt. ea.] Senate filibuster House Rules Committee Conference committee 2. Explain how casework affects members attention to legislation. [1] Score: _____ /4

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15 a) Describe whats going on in the political cartoon (Who? What? When? Where?) b) Identify any symbols (ex: an elephant to represent the Republican Party) portrayed in the cartoon and analyze what they represent. c) What is the artists message in the cartoon? What do you think is its purpose? d) Do you agree or disagree with the cartoonist's message? Explain your answer. e) In what ways does this cartoon inform us about how Congress works (ex: party leadership, committee function, legislative process)?

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17 As you read and reflect on the article, respond to the questions below. a) Habeas Corpus What is a writ of habeas corpus? [1] Do you think non-citizens held in custody should be allowed to use a writ of habeas corpus? Why or why not? [2] b) The case of Yaser Esam Hamdi v. Donald Rumsfeld What were the facts in the Hamdi case? [1] What two issues did the Supreme Court have to decide? [2] What were the four opinions on each issue? [1] Which opinion do you agree with? Why? [2] c) Enemy Combatant How would you define an enemy combatant? [1] Do you think the deal to release Hamdi was fair? Explain. [2] Score: _____ /12

18 Directions: The class will be divided two groups: (1) representing the executive branch and (2) representing Congress. Review the scenario below and follow the instructions related to your group to develop your policy. When completed, meet with the other branch to present your policy. Note: It's likely that your policy and that of the other branch will not be the same and a workable solution will have to be developed. Each group would like to avoid a public battle over the issue, as that would distract from the more important task at hand, national security. But both groups feel that the actions of the other branch have evoked a potential constitutional crisis. If the two branches cannot come to some sort of workable agreement they might have to go to the courts. This is not a direction either branch would like to go in; the court might make an unfavorable ruling, so it's important to try and reach a resolution. Scenario – Interrogation of Enemy Combatants U.S. military personnel operating outside the United States have captured several hundred enemy combatants considered high-value terrorists. These individuals are suspected of possessing crucial information on enemy operations and future attacks both abroad and at home. It is important that this information be obtained to reduce future attacks, destroy enemy operations and provide safety and security for people in the United States, the region and the world. The Defense Department has written guidelines for interrogation that allows prisoners to be questioned away from U.S. soil using methods that fall short of causing organ failure or death.

19 Guantanamo prisoners 11.2

20 a) What is your group's overall goal? b) What policy do you propose for the scenario you reviewed? c) What constitutional powers do you claim to take the action you propose? d) What further action are you prepared to take if the other branch resists or circumvents your action?

21 You are a member of the executive branch and along with the president, you have dedicated your career to being tough on terrorists and doing whatever is necessary to eliminate their threat to the United States and the world. You believe this is a different kind of war, with an elusive enemy that is not part of any nation-state and can harbor itself anywhere in or out of the country. New rules of engagement must be devised to eliminate this threat. As members of the executive branch, you work in concert with the commander in chief to execute the constitutional duties of the presidency. You believe the powers of the executive branch are broad and allow the president to take EXTRA-ordinary measures in extraordinary times. Speed and a high level of secrecy are essential tools in this endeavor. In many cases there is no time for deliberation or debate. As a matter of common practice, the president can and will issue a signing statement that provides instructions to members of the executive branch on how they are to implement a law according to the constitutional duties of the executive branch. This can mean that the signing statement nullifies the law because the Constitution doesn't permit the legislative branch to pass a law usurping presidential power.

22 You are a member of Congress. You are committed to successfully waging the War on Terror. Within your group are people in both parties who have supported the president's past actions in the War on Terror and feel that generally the policies have been sound. Others in the group, though initially supportive, have become concerned and even critical of the president's actions and policies in conducting the war. Many feel the progress of the war is waning or misdirected, the American people are no safer than when the war started, and world opinion of the United States has degraded. Many members of Congress feel it is imperative that the executive branch works with Congress, not against it. The opposing political party is now in the majority in Congress and feels it's time to once again be a major player in matters of national security. Some feel the actions of the president have taken on a character dangerously close to unconstitutional. Many members of the minority political party, though still supportive, are also concerned that the president has taken some questionable actions. Members of both parties have begun hearing of some policies for the War on Terror proposed by the executive branch that might violate national and international laws.

23 1. When you meet with the other branch, each side should review the first three bullet points (a-c) from the questions to consider. a) What is your group's overall goal? b) What policy do you propose for the scenario you reviewed? c) What constitutional powers do you claim to take the action you propose? 2. Then identify differences in your policy or positions. 3. Try to come to some sort of agreement on what the policy will say, how it will be created and how it will be implemented. d) What further action are you prepared to take if the other branch resists or circumvents your action?

24 Conflicts between Congress and the President over war powers have their origin in the United States Constitution. In 1973 Congress passed the War Powers Resolution in an attempt to clarify the balance of powers between the two branches of government. a) Describe the primary constitutional conflict between Congress and the President over the decision to go to war. [1] b) Describe two provisions of the War Powers Resolution that were designed to limit the Presidents power over war making. [2] c) The War Powers Resolution has received mixed reviews, but Congress has other powers over war making. Other than the constitutional power that you described in (a), identify and explain two other formal powers Congress has over war making. [4] Score: _____ /7

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26 1. How did the Abu Ghraib incident affect Congress in the terms of prisoner interrogation policy? 2. What action did Congress take? 3. What was the vice president's reaction to Congress's action? How did he justify his reaction? 4. Why did the president's veto threat fail and how did the administration reconcile with Congress? 5. What effect did the president's signing statement on the torture ban have on the law itself? How did the signing statement affect the balance of power between the executive branch and Congress?

27 Millions of Verizon customers awoke Thursday to learn that the National Security Agency has been secretly collecting their telephone records, under a classified court order granted to the Obama administration in April. According to a report by The Guardians Glenn Greenwald, the order requires Verizon, one of the nations largest telecommunications providers, to give the NSA information on calls from within the U.S., as well as between the U.S. and foreign countries on an ongoing, daily basis. That information includes the numbers of both parties on a call, location data and the time and duration of the conversation, according to The Guardian. The report has brought flashbacks of the highly controversial domestic surveillance program first initiated by the Bush administration in the wake of the 9/11 attacks. The inside story of that effort was uncovered in 2002 by Mark Klein, a former internet technician with AT&T. In the following clip from the FRONTLINE film Spying On The Home Front, Klein describes how he first pieced together that the NSA was building a massive top-secret data mining operation in a nondescript room just steps from his desk. Eventually, he told FRONTLINE, it all clicked together to me … Oh, thats what theyre doing. This is a spy apparatus. A senior Obama administration official defended the program Thursday, telling The New York Times that, Information of the sort described in the Guardian article has been a critical tool in protecting the nation from terrorist threats to the United States, as it allows counterterrorism personnel to discover whether known or suspected terrorists have been in contact with other persons who may be engaged in terrorist activities, particularly people located inside the United States.telling The New York Times

28 The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Olmstead v. U.S. (1928): Wiretapping was not within the confines of the Fourth Amendment which protects ones property interest in his premises. (1) Wiretapping is not a physical trespass on ones premises and evidence obtained is secured by hearing; (2) interception of a conversation could not qualify as a seizure (conversation is not a tangible item) FCC Act, Sec. 605 (1934): ''... no person not being authorized by the sender shall intercept any communication and divulge or publish the existence, contents, purport, effect, or meaning of such intercepted communication to any person.' Goldstein v. U.S. (1942): No violation when a listening device was placed against a party wall so that conversations were overheard on the other side. But ruled conversation could be seized. Katz v. U.S. (1967) : In ''national security cases'' electronic surveillance upon the authorization of the President or the Attorney General could be permissible without prior judicial approval

29 Directions: The class will be divided two groups: (1) representing the executive branch and (2) representing Congress. Review the scenario below and follow the instructions related to your group to develop your policy. When completed, meet with the other branch to present your policy. Note: It's likely that your policy and that of the other branch will not be the same and a workable solution will have to be developed. Each group would like to avoid a public battle over the issue, as that would distract from the more important task at hand, national security. But both groups feel that the actions of the other branch have evoked a potential constitutional crisis. If the two branches cannot come to some sort of workable agreement they might have to go to the courts. This is not a direction either branch would like to go in; the court might make an unfavorable ruling, so it's important to try and reach a resolution. Scenario – Domestic Surveillance In the effort to thwart another attack at home, it is necessary to gather intelligence information from many different sources. The National Security Agency secretly has been authorized by the president to conduct eavesdropping inside the United States without a court warrant. Since 1978 the process of obtaining information has been overseen by a special security court, known as the Foreign Intelligence Surveillance Court, or the FISA Court, which quickly grants warrants for domestic surveillance. In 2002, Justice Department attorneys wrote official legal opinions justifying the NSA eavesdropping program, contending that the Constitution gives the president expanded powers in wartime to order warrantless surveillance and arguing that the administration didn't have to go through the FISA Court. When they became public in 2005, these actions raised concerns about potential violations of the Fourth Amendment protections against unreasonable searches and seizures.

30 a) What is your group's overall goal? b) What policy do you propose for the scenario you reviewed? c) What constitutional powers do you claim to take the action you propose? d) What further action are you prepared to take if the other branch resists or circumvents your action?

31 You are a member of the executive branch and along with the president, you have dedicated your career to being tough on terrorists and doing whatever is necessary to eliminate their threat to the United States and the world. You believe this is a different kind of war, with an elusive enemy that is not part of any nation-state and can harbor itself anywhere in or out of the country. New rules of engagement must be devised to eliminate this threat. As members of the executive branch, you work in concert with the commander in chief to execute the constitutional duties of the presidency. You believe the powers of the executive branch are broad and allow the president to take EXTRA-ordinary measures in extraordinary times. Speed and a high level of secrecy are essential tools in this endeavor. In many cases there is no time for deliberation or debate. As a matter of common practice, the president can and will issue a signing statement that provides instructions to members of the executive branch on how they are to implement a law according to the constitutional duties of the executive branch. This can mean that the signing statement nullifies the law because the Constitution doesn't permit the legislative branch to pass a law usurping presidential power.

32 You are members of Congress. You are committed to successfully waging the War on Terror. Within your group are people in both parties who have supported the president's past actions in the War on Terror and feel that generally the policies have been sound. Others in the group, though initially supportive, have become concerned and even critical of the president's actions and policies in conducting the war. Many feel the progress of the war is waning or misdirected, the American people are no safer than when the war started, and world opinion of the United States has degraded. Many members of Congress feel it is imperative that the executive branch works with Congress, not against it. The opposing political party is now in the majority in Congress and feels it's time to once again be a major player in matters of national security. Some feel the actions of the president have taken on a character dangerously close to unconstitutional. Many members of the minority political party, though still supportive, are also concerned that the president has taken some questionable actions. Members of both parties have begun hearing of some policies for the War on Terror proposed by the executive branch that might violate national and international laws.

33 1. When you meet with the other branch, each side should review the first three bullet points (a-c) from the questions to consider. a) What is your group's overall goal? b) What policy do you propose for the scenario you reviewed? c) What constitutional powers do you claim to take the action you propose? 2. Then identify differences in your policy or positions. 3. Try to come to some sort of agreement on what the policy will say, how it will be created and how it will be implemented. d) What further action are you prepared to take if the other branch resists or circumvents your action?

34 11.3 What is the main duty of the Council of Economic Advisors? 11.3 a.Advise the president on banking regulations b.Advise the president and Congress on trade c.Advise the president on economic policy d.Advise the president on intelligence

35 11.3 What is the main duty of the Council of Economic Advisors? 11.3 a.Advise the president on banking regulations b.Advise the president and Congress on trade c.Advise the president on economic policy d.Advise the president on intelligence

36 Chief of Staff Denis McDonough Deputy Chiefs of Staff Rob Nabors Alyssa Mastromonaco Counselor to the President John Podesta Senior Advisors Valerie Jarrett Dan Pfeiffer

37 Pyramid Model (Delegation of Power) Hub (or Wheel)-and- Spokes Model Ad Hoc Structure (Detail-Driven) Based on a strict military-like chain of command Emphasizes a powerful Chief of Staff who is highly visible & accessible to the press Prez sits atop a pyramid, removed from advisors & interests below him COS runs the White House staff w/a great deal of authority & acts as a clearing-house for information & access to the prez Advantage: Prez is not burdened w/details of running WH; allows the prez to see the big picture w/o becoming over-whelmed w/managing staff Disadvantage: Prez may not get all info. he might need; COS could neglect to or choose not to send on info. Examples: Eisenhower & Reagan Visualized as a circular structure (Prez in the middle) Based on New Deal WH system of management Prez plays dominant role in everyday WH happenings COS has diminished power & importance; less well known to public than in Pyramid Model Demands that the prez have very strong leadership skills & an eye for detail Advantage: Prez directly controls his administration & Prez is open to access from staff Disadvantage: Difficult for Prez to see forest for the trees; too much info for one person to act upon Example: John F. Kennedy (noted for reading several hundred pages of information daily) C ombines leadership and management tactics that the CEO of a large corporation might use Prez employs committees, task forces, and special advisors to help develop and implement policy Examples: Clinton- appointed, Hilary to head health care initiative; appointed VP Gore to spearhead reorganization of federal bureaucracy Bush- relied Cheney & committee appointments to study gov. problems

38 Read the Washington Post article on the recent US Supreme Court ruling and respond to the questions below. a) Identify the name of the case the Court recently ruled on, and the case which held precedence. [1] b) Identify the facts/history and issues in the recent case. [1] c) Describe the Supreme Courts ruling. [1] d) Describe the dissenting justices criticism. [1] e) Assess the ruling (Do you agree or not? Explain). [2] Score: _____ /6

39 Bureaucracies were created by government to assist in the creation and administration of policy, and to meet public expectations of an efficient and effective government. A bureaucracy consists of nonelected government officials who specialize in a particular function while adhering to fixed rules and a hierarchy of authority. Many criticize bureaucracies, however, because they are often marked by officialism, red tape, and proliferation. To highlight this point, in December of 1997, David L. Price, the Land and Water Management Division District Representative for Montcalm County, Michigan, sent a letter to Stephen L. Tvedten informing him his actions were in violation of Part 301, Inland Lakes and Streams, of the Natural Resource and Environmental Protection Act, Act 451. Consequently, Mr. Tvedten was ordered to cease and desist all unauthorized activities on his property and to restore a free-flow condition to a stream that had been obstructed on his property by two dams.

40 Mr. Tvedten felt compelled to write a letter in response to Mr. Prices accusations and directives. Read Mr. Tvedtens Dam Letter and respond to the tasks below: a) Identify three mistakes Mr. Tvedten claims Mr. Price (and/or the office of Land and Water Management Division) made in his initial letter. b) Describe the primary issue involved and why Mr. Tvedten does not feel obligated to follow Mr. Prices directives. c) Based on the letter, explain how bureaucracies are either efficient and effective, or inefficient and ineffective.

41 A popular myth is that bureaucracies are only found in governments. But in reality most, if not all, private organizations have bureaucracies too. This is because they also employ people with specific job titles and responsibilities, who work in a hierarchy of authority and within established procedures for operations and governance. Read James Q. Wilsons article and respond to the tasks below. a) According to Wilson, how is McDonalds a bureaucracy. [1] b) Explain how the DMV is similar to McDonalds in its bureaucratic structure. [1] c) Explain the difference between the two organizations. [1] d) Identify the constraints government bureaucracies must operate under. [1] e) Describe changes you would make to governmental bureaucracies to improve their performance. [1] Score: _____ /5

42 Slunk calves & Downers Sausage: Europe, room, water barrels, smoked Animals with Tuberculosis and Cholera Steerly & potted chicken

43 1. What generalizations can you make about the bureaucracy of pizza i.e. how involved are federal agencies and departments in the take out and frozen pizza that you eat? 2. What are the advantages and disadvantages to consumers of pizza (like you) of federal rules and regulations? Advantages and disadvantages for pizza businesses? 3. Based on what you learned from this activity about the bureaucracy of pizza, would you go into the pizza business? Why or why not?

44 The federal bureaucracy as part of the executive branch exercises substantial independence in implementing governmental policies and programs. Most workers in the federal bureaucracy are civil- service employees who are organized under a merit system. [2010] Describe one key characteristic of the merit system. For each of the following, describe one factor that contributes to bureaucratic independence. The structure of the federal bureaucracy The complexity of public policy problems For each of the following, explain one Constitutional provision that it can use to check the bureaucracy. Congress The courts Interest groups

45 6 points Part (a): 1 point One point is earned for a description of a characteristic of the merit system. Answers may include: Hiring or promotion based on merit/experience/qualifications Hiring based on testing Part (b): 2 points One point is earned for each of two descriptions of factors contributing to bureaucratic independence. Answers may include: Structure of the bureaucracy Large Specialized units/expertise Tenure protections/hard to fire Based on merit Independent agencies/independent regulatory commissions Complexity of public policy problems Specialized units/expertise Delegated authority because Congress and the president cannot handle everything, they delegate authority to the bureaucracy Discretionary authority because legislation lacks details, the bureaucracy can fill in the gaps Part (c): 3 points One point is earned for each of three explanations of a constitutional provision that can check the bureaucracy. Answers may include: Congress Appropriations can reward or punish agency Legislation can pass legislation affecting the bureaucracy Rejection of presidential appointments to the bureaucracy Impeachment of executive officials Courts Court rulings that limit bureaucratic practices Judicial review can declare bureaucratic actions unconstitutional Injunctions against federal agencies Interest groups Use of the First Amendment: Lobbying; Protests; Media usage; Speech Litigation

46 It is said that Supreme Court decisions are final and absolute, however, Congress possesses (and has used) a number of powers/methods to overturn a Supreme Court decision or show their disapproval. Identify seven (7) checks Congress has over Supreme Court decision- making

47 The confirmation of Supreme Court justices is often a contentious process. a) Define what is meant my the advice and consent of the United States Senate. [1] b) Discuss TWO of the following and their relationship to the debate regarding judicial appointments: [2] original intent Borked Roe v. Wade c) Explain how the judicial terms of good behavior might affect the confirmation process. [1] Score: _____ /4

48 The United States Supreme Court receives many appeals, but it hears and rules on a small percentage of cases each year. Numerous factors influence the actions of the Court, both in deciding to hear a case and in the decisions it hands down. a) Define judicial review. [1] b) Explain how judicial review empowers the Supreme Court within the system of checks and balances. [1] c) Describe the process through which the Court grants a writ of certiorari. [1] d) Explain how each of the following influences decisions made by individual justices when deciding cases heard by the Court. Stare decisis [1] Judicial activism [1] Score: _____ /5

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50 Fiscal policy and monetary policy are two tools used by the federal government to influence the United States economy. The executive and legislative branches share the responsibility of setting fiscal policy. The Federal Reserve Board has the primary role of setting monetary policy. a) Define fiscal policy b) Describe one significant way the executive branch influences fiscal policy. c) Describe one significant way the legislative branch influences fiscal policy. d) Define monetary policy. e) Explain two reasons why the Federal Reserve Board is given independence in establishing monetary policy.


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