Announcements: Executive Branch Quiz Retakes: If you are not satisfied with your performance on the quiz over the executive branch, you may opt to take a retake of that quiz. Please complete at least six of the twenty-three assigned Khan Academy modules before the retake. READING: 441-477 in Edwards
UNIT TWO IDENTIFICATION TERMS _______________________________________________ Today's Essential Question: How does the appointment process and the Supreme Court's ideological make-up affect its decisions?
Learning Standards: CON-5.B: Explain how the exercise of judicial review in conjunction with life tenure can lead to debate about the legitimacy of the Supreme Court’s power. CON-5.B.2: Ideological changes in the composition of the Supreme Court due to presidential appointments have led to the Court’s establishing new or rejecting existing precedents.
The Appointment Process & Impact of Ideology on Court Decisions
Now let's examine some charts on the presidential appointments and justice ideology. For each chart, come up with at least one observation. What is the main takeaway? What questions do you have? Supreme Court Nominees Senate Confirmation Votes
Announcements: Girls State: Any girls interested in attending Girls State this summer, please email Ms. Eikel (lauren.eikel@lps53.org) to attend an informational meeting this Thursday @9:00am Executive Branch Quiz Retakes: If you are not satisfied with your performance on the quiz over the executive branch, you may opt to take a retake of that quiz. Please complete at least six of the twenty-three assigned Khan Academy modules before the retake. READING: 441-477 in Edwards
UNIT TWO IDENTIFICATION TERMS _______________________________________________ Today's Essential Question: How do Brutus XV and Federalist 78 illustrate the differences of opinions regarding the power of the national government, specifically the judicial branch?
Learning Standards: CON-5.A: Explain the principle of judicial review and how it checks the power of other institutions and state governments.
CON-5.A.1: The foundation for powers of the judicial branch and how its independence checks the power of other institutions and state governments are set forth in:
Article III of the Constitution
Federalist No. 78
Marbury v. Madison (1803)
The debate over what the judicial branch should look like stretches back to the early days of the republic. Today, we are going to be looking at an Anti-Federalist view of the newly proposed constitution and its judicial powers, as well as Hamilton's defense of the judiciary in Federalist 78.
Debate Questions:
1)Be it resolved that Supreme Court Justices shall serve for terms of seven years but can be reappointed for an unlimited number of terms.
2) Be it resolved that all federal judges shall be elected by a general vote of the people for limited terms of office
Discussion Questions (read the above essays with these questions in mind):
According to Brutus, how does the Supreme Court of the United States differ from the highest court in England?
What is Brutus's attitude toward the Supreme Court of the United States? Find specific statements to support your opinion.
The Constitution helped to ensure judicial independence, in part, by having judges be appointed
instead of elected, and by giving them a life term. Using Federalist #78, explain Hamilton’s arguments
for appointment of judges and life terms. Why did he think that these things made the judiciary more
independent? Why was this independence so important according to Hamilton?
In the course of making his arguments in Federalist #78, Hamilton notes that “. . . the judiciary is
beyond comparison the weakest of the three departments of power. . .” and that as such it can “never
attack with success either of the other two.”
After reading Federalist #78, explain the reasons that Hamilton gave
in support of his claims above. You should also consider whether this statement rings true today, given changes in society
(access to information, the media, etc.).
How does Hamilton defend the
use of judicial review? If the
judiciary can override laws passed by the legislature, then the judicial
branch must be above the legislative branch—What does Hamilton say about
this?
There is growing concern over the life tenure of federal judges, including several proposals to limit judges to set terms. The articles and videos below explore some of the criticisms and proposed reforms.
Homework: Read Brutus XV and Federalist 78 for Wednesday. Annotate or take notes over both readings and be prepared to debate the points raised in each of the essays Junior Girls: Do you love government? Want to gain leadership skills? Missouri Girls Statemay be just for you. If you want to learn more about this 8 day summer experience, there will be an informational meeting on Thursday, Dec. 12th @ 9:00 AM. Please contact Mrs. Eikel if you'd like to attend the meeting. READING: 441-477 in Edwards
UNIT TWO IDENTIFICATION TERMS _______________________________________________ Today's Essential Question: How is the principle of judicial review used to check the power of the other branches?
Learning Standards: CON-5.A: Explain the principle of judicial review and how it checks the power of other institutions and state governments.
CON-5.A.1: The foundation for powers of the judicial branch and how its independence checks the power of other institutions and state governments are set forth in:
Article III of the Constitution
Federalist No. 78
Marbury v. Madison (1803)
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Judicial Review
Where in the Constitution does it grant the federal courts, and specifically the Supreme Court, the power of judicial review?
Here is the text of Article III (The Judicial Branch):
Section 1- Judicial powers. Tenure. Compensation.
The judicial power of the United States, shall be vested in one supreme court, and in such inferior courts as the Congress may, from time to time, ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.
Section 2 - Judicial power; to what cases it extends. Original jurisdiction of Supreme Court Appellate. Trial by Jury, etc. Trial, where
1. The judicial power shall extend to all cases, in law and equity, arising under this constitution, the laws of the United States, and treaties made, or which shall be made under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states, between a state and Citizens of another state, between Citizens of different states, between Citizens of the same state, claiming lands under grants of different states, and between a state, or the Citizens thereof, and foreign states, Citizens or subjects. (This section modified by Amendment XI)
2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. In all the other cases before-mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.
1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
2. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.
One of the most important (if not the most important) Supreme Court cases is Marbury v. Madison. This video will help explain the root problems addressed in Marbury and more importantly, the Court's decision and its consequences. Please fill out this TEMPLATEand keep with your other important SCOTUS decisions.
Questions to Consider: 1. In the Court's opinion, is Marbury entitled to his appointment? If the Supreme Court of
the United States had issued the writ of mandamus, how could it have
forced Madison and Jefferson to comply with the order? What would have happened if they had
ignored it? (In other words, does the Court have enforcement power?) 2.In this case, Chief Justice John Marshall and the Court "gave
up some power in order to get more." Explain. What power did they give up?
What power did they gain? Why did the Court do this?
3.Why does the judicial branch, as opposed to the executive or
legislative branch, have the power of judicial review? Should the other branches have a say?
4. Is judicial review a good idea? Should nine unelected judges be able to tell our elected representatives what they can and cannot do? Why or why not? Does the Marbury decision mean that legislators or members of the executive branch have no responsibility to judge the constitutionality of their own actions?
5. Are judges, protected with lifetime tenure and drawn generally from the educated class, more likely to be reflective and above the passing enthusiasms that drive legislative action? How political is the Court?
6. Could we have a workable system of government without judicial review? How does judicial review help check tyranny by the majority?
Announcements: Executive Branch (Presidency & Bureaucracy) Quiz: Tuesday, December 10th Review Sheetfor Executive Branch quiz Congressional Quiz Retakes: If you are not satisfied with your performance on the quiz over the legislative branch, you may opt to take a retake of that quiz. Please complete at least six assigned Khan Academy modules before the retake. READING: 409-440 in Edwards
_______________________________________________ Today's Essential Question: What is the relationship of the bureaucracy to other institutions and how can its power be kept in check?
Learning Standards: PMI-2.D: Explain how the president ensures that executive branch agencies and departments carry out their responsibilities in concert with the goals of the administration
PMI-2.D.1: Presidential ideology, authority, and influence affect how executive branch agencies carry out the goals of the administration.
PMI-2.C: Explain how Congress uses its oversight power in its relationship with the executive branch.
PMI-2.E: Explain the extent to which governmental branches can hold the bureaucracy accountable given the competing interests of Congress, the president, and the federal courts.
PMI-2.C.1: Oversight and methods used by Congress to ensure that legislation is implemented as intended are represented by:
Committee hearings
Power of the purse
PMI-2.C.2: As a means to curtail the use of presidential power, congressional oversight serves as a check of executive authorization and appropriation.
PMI-2.D.2: Compliance monitoring can pose a challenge to policy implementation.
PMI-2.E.1: Formal and informal powers of Congress, the president, and the courts over the bureaucracy are used to maintain its accountability.
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Bureaucracy & Relations with Other Institutions
The size and power of the bureaucracy has grown immensely over the last century and many contend that it wields a disproportionate amount of influence in our governmental system. Today, we will look at the concerns about the bureaucracy, its interactions with other branches, and what checks are imposed on the bureaucracy by the other branches.
What is the author's main argument? What supporting evidence does he have? What can be done to address the problem? As you read, either annotate the GoogleDoc (make a copy) or jot down information in your notes.
Announcements: Bureaucratic Agencies Quiz: Thursday, December 5th Executive Branch (Presidency & Bureaucracy) Quiz: Monday, December 9th Congressional Quiz Retakes: If you are not satisfied with your performance on the quiz over the legislative branch, you may opt to take a retake of that quiz. Please complete at least six assigned Khan Academy modules before the retake. READING: 409-440 in Edwards
Today's Essential Question: What are the different types of bureaucracies?
Learning Standards:
PMI-2.A: Explain how the bureaucracy carries out the responsibilities of the federal government.
PMI-2.A.1: Tasks performed by departments, agencies, commissions, and government corporations are represented by:
Writing and enforcing regulations
Issuing fines
Testifying before Congress
Issue networks and “iron triangles”
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Types of Bureaucracies
The federal bureaucracy is a complex, hierarchical structure that consists of hundreds of individual departments, agencies, bureaus, commissions, etc. Today, we will look at how to organize the various bureaucracies and how the different types of bureaucracies carry out the various responsibilities of the federal government. The main ways to classify bureaucracies are departments, independent regulatory agencies, and government corporations.
Announcements: Bureaucratic Agencies Quiz: Thursday, December 5th Executive Branch (Presidency & Bureaucracy) Quiz: Monday, December 9th Congressional Quiz Retakes: If you are not satisfied with your performance on the quiz over the legislative branch, you may opt to take a retake of that quiz. Please complete at least six assigned Khan Academy modules before the retake. READING: 409-440 in Edwards
Today's Essential Question: How do bureaucracies help carry out the responsibilities of the federal government?
Learning Standards:
PMI-2.A: Explain how the bureaucracy carries out the responsibilities of the federal government.
PMI-2.A.1: Tasks performed by departments, agencies, commissions, and government corporations are represented by:
Writing and enforcing regulations
Issuing fines
Testifying before Congress
Issue networks and “iron triangles”
PMI-2.B: Explain how the federal bureaucracy uses delegated discretionary authority for rule-making and implementation.
PMI-2.B.1: Discretionary and rule-making authority to implement policy are given to bureaucratic departments, agencies, and commissions, such as:
Department of Homeland Security
Department of Transportation
Department of Veterans Affairs
Department of Education w Environmental Protection Agency (EPA)
Federal Elections Commission (FEC)
Securities and Exchange Commission (SEC)
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Bureaucratic Tasks and Administrative Discretion
The role of the federal bureaucracy is to help implement and carry out the laws. However, many bureaucracies also have broad discretionary and rule-making authority (sometimes referred to as administrative discretion) that enable bureaucracies to have quasi-legislative and quasi-judicial powers.
Why is it advantageous to grant these powers to bureaucracies instead of Congress? Why does Congress allow this to happen? What drawbacks are there to this system?
1. Watch this Khan Academy video on how the bureaucracy uses its delegated discretionary authority on rule-making and implementation. Please use your earbuds while watching the video.
Explain what is meant by the Chevron deference. What is the main argument in favor of the Chevron deference?
Why do some, like Justice Gorsuch, oppose the Chevron deference?
How have Republicans and Democrats both used the Chevron deference to their advantage?
In your opinion, should the Chevron deference be overturned? Why or why not?
3. Next, we are going to look at various bureaucracies and research the various tasks that they perform to help carry out the responsibilities of the federal bureaucracy. Choose one of the listed bureaucracies below. For your bureaucracy you must conduct research and find examples of the bureaucracy engaging in each of these different activities:
Administrative discretion or rule making-find an example where the bureaucracy was involved in rule-making or deference in administering the law
Enforcement--find an example where the bureaucracy is carrying out intended policy or fining/punishing violations of a policy
Congressional Testimony--find an example where the bureaucracy is testifying in a congressional committee (could be budgetary, policy, or congressional oversight)
Record your findings either in a GoogleDoc with links or include them in your notes. Be prepared to share your research in class tomorrow.
You should first start with the webpage of the bureaucratic agency and then move on to Google News and other sources (Washington Post) to find examples. Try to use recent examples (within the last 2-3 years).
Announcements: Welcome Back!! Bureaucratic Agencies Quiz: Thursday, December 5th Executive Branch (Presidency & Bureaucracy) Quiz: Monday, December 9th Congressional Quiz Retakes: If you are not satisfied with your performance on the quiz over the legislative branch, you may opt to take a retake of that quiz. Please complete at least six assigned Khan Academy modules before the retake. READING: 409-440 in Edwards
Today's Essential Question: What is the role of the bureaucracy in our federal government?
Learning Standards:
PMI-2.A: Explain how the bureaucracy carries out the responsibilities of the federal government.
PMI-2.A.1: Tasks performed by departments, agencies, commissions, and government corporations are represented by:
Writing and enforcing regulations
Issuing fines
Testifying before Congress
Issue networks and “iron triangles”
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Bureaucracy Basics
Today, we begin our look at the federal bureaucracy and how it works to implement legislation passed by Congress or executive orders from the President. Our main questions for today are:
What is the federal bureaucracy?
What has led to the growth of the federal bureaucracy?
What does the appointment process look like for the federal bureaucracy?
The bureaucracy is the part of the government (executive branch) that is responsible for enforcing and implementing the laws. There are various agencies, bureaus, departments, and commissions that have been established over the years to carry out these various tasks. Today, you will look at some of the more well known and relevant bureaucracies in our federal government.
Make a copy of this Google Document and fill in the appropriate information. You should be able to correctly describe/identify the policy area and types of legislation that the bureau/agency deals with. There will be a quiz over these bureaucracies on Wednesday!
