Announcements: 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. You must complete at least six of the assigned Khan Academy modules before the retake. READING: Federalist 70 (read and annotate for Monday) READING: 341-378 in Edwards
Today's Essential Question: What arguments does Hamilton make in Federalist 70 supporting a unitary executive?
Learning Standards: CON-4.C: Explain how presidents have interpreted and justified their use of formal and informal powers.
CON-4.C.1: Justifications for a single executive are set forth in Federalist No. 70.
CON-4.C.2: Term-of-office and constitutional-power restrictions, including the passage of the Twenty-second Amendment, demonstrate changing presidential roles.
CON-4.C.3: Different perspectives on the presidential role, ranging from a limited to a more expansive interpretation and use of power, continue to be debated in the context of contemporary events
Federalist 70
Federalist 70 addresses concerns about the executive branch in the newly proposed Constitution. Opponents feared that a single executive would lead to tyranny, while Hamilton defends the necessity for a unitary executive with energy to carry out the duties of the President to help maintain security.
Using Federalist 70, develop arguments that support the idea of a single executive rather than a pluralist executive or an executive constrained by a council. You will have ten minutes in your group to discuss and prepare your arguments and points before we discuss in class and you try to change my mind.
Here are some of the questions we will be looking at:
QUESTIONS
1. What benefits does a strong presidency provide to a representative democracy?
2. What are four ingredients of an energetic executive?
3. What problems might arise if the presidency were split between two people or consent of a council?
4. President Truman had a sign on his desk that stated, "The buck stops here."
How does this support Hamilton's argument of a single executive?
5. Why is a single executive permissible in a republic, but may lead to tyranny in a monarchy? What role does the legislature play?
Announcements: 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. Complete at leastsix of the assigned Khan Academy modules before the retake. READING: 341-378 in Edwards READING: Federalist 70 (read and annotate for Monday)
Today's Essential Question: How has presidential power expanded over time?
Learning Standards: CON-4.C: Explain how presidents have interpreted and justified their use of formal and informal powers.
CON-4.C.1: Justifications for a single executive are set forth in Federalist No. 70.
CON-4.C.2: Term-of-office and constitutional-power restrictions, including the passage of the Twenty-second Amendment, demonstrate changing presidential roles.
CON-4.C.3: Different perspectives on the presidential role, ranging from a limited to a more expansive interpretation and use of power, continue to be debated in the context of contemporary events
Expansion of Presidential Power
There is no question that the power of the executive branch has grown tremendously from its initial inception. Has the president grown too powerful? How has Congress, the Courts, the media, and the modern age contributed to this growth? What should be done (if anything) to curtail this power?
Today, we are going to look at various arguments on the power of the president. Each group will be assigned an article/perspective to read. You will then discuss in your group the arguments made by the author before taking part in a class debate over the power of the president.
Announcements: 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. You must complete at least six of the assigned Khan Academy modules before the retake. Junior Boys: Do you love government? Want to gain leadership skills? Then Missouri Boys State may be right up your alley. There will be an informational meeting about this 8 day experience on Friday, Nov. 22 during 3rd hour. If you're interested in attending the info meeting, please send Mrs. Eikel an email and she will send a pass for you. READING: Federalist 70 (read and annotate for Monday) READING: 341-378 in Edwards
Today's Essential Question: How do Presidents utilize various leadership styles and communication strategies to promote their policy agenda?
Learning Standards: CON-4.D: Explain how communication technology has changed the president’s relationship with the national constituency and the other branches.
CON-4.D.1: The communication impact of the presidency can be demonstrated through such factors as:
Modern technology, social media, and rapid response to political issues
Nationally broadcast State of the Union messages and the president’s bully pulpit used as tools for agenda setting
Presidential Leadership & Persuasion
In addition to the constitutional duties and powers outlined in Article II, one of the most important powers is the power to persuade. Presidents cannot just snap their fingers and expect laws to be passed and policies implemented. How can presidents use their status to influence and persuade others to do what they think is best?
“I sit here all day trying to persuade people to do the things they ought to have sense enough to do without my persuading them….That’s all the powers of the President amount to.” -Harry S Truman
2. Describe the Johnson Treatment. How did LBJ get the Civil Rights Bill passed?
3. Describe the method utilized by Reagan in getting his tax cuts through. What is the bully pulpit?
4. How did LBJ and Reagan’s past experiences affect their tactics?
5. If you were a presidential advisor to Trump, what method would you recommend? Why?
6. How does public opinion limit or enhance a president's power?
Presidential power has increased in the modern age due to changes in the media and the president's use of various media mediums. Read this article on the president's use of the "bully pulpit" and how it has changed the presidency: Banging on the Bully Pulpit: How presidents present themselves
When presidents get elected, they often claim a mandate, or a directive from the voters to enact their policies. But, how accurate is the presidential mandate? Can presidents really claim this in the modern age?
Junior Boys: Do you love government? Want to gain leadership skills? Then Missouri Boys State may be right up your alley. There will be an informational meeting about this 8 day experience on Friday, Nov. 22 during 3rd hour. If you're interested in attending the info meeting, please send Mrs. Eikel an email and she will send a pass for you. READING: 341-378 in Edwards
Today's Essential Question: How can presidential powers be limited?
Learning Standards: CON-4.B: Explain how the president’s agenda can create tension and frequent confrontations with Congress.
CON-4.B.1: The potential for conflict with the Senate depends upon the type of executive branch appointments, including:
Cabinet members
Ambassadors
White House staff
CON-4.B.2: Senate confirmation is an important check on appointment powers, but the president’s longest lasting influence lies in life-tenured judicial appointments.
CON-4.B.3: Policy initiatives and executive orders promoted by the president often lead to conflict with the congressional agenda.
Limits on Presidential Power
Although the President has many powers, both formal and informal, that does not mean that the President is all-powerful. In our constitutional system of separation of powers (more correctly shared powers) and checks and balances, there are limits to what the President can do. Today, we will look at some of the checks on Presidential power.
In your group, brainstorm the ways that Congress can limit the President. You should be able to come up with a minimum of 5-6.
The judicial branch can also serve as an effective check on presidential power and several cases have addressed potential abuse of power. Here are six cases that address presidential power.
Important Cases:
1. Youngstown Sheet & Tube Co. v. Sawyer, 1952
2. US v. Nixon, 1974
3. Clinton v. Jones, 1997
4. Clinton v. City of New York, 1998
5. Hamdi v. Rumsfeld, 2004
6. NLRB v. Canning, 2014
Using Oyez (or other reputable websites), research your assigned case, focusing on
the facts of the case
the constitutional question
the Court's opinion & rationale
You will be sharing your findings with the rest of the class.
Announcements: Junior Boys: Do you love government? Want to gain leadership skills? Then Missouri Boys State may be right up your alley. There will be an informational meeting about this 8 day experience on Friday, Nov. 22 during 3rd hour. If you're interested in attending the info meeting, please send Mrs. Eikel an email and she will send a pass for you. READING: 341-378 in Edwards
Today's Question: How have presidential powers been enhanced beyond those expressed in the Constitution?
Learning Standards: CON-4.A: Explain how the president can implement a policy agenda
CON-4.A.1: Presidents use powers and perform functions of the office to accomplish a policy agenda.
CON-4.A.2: Formal and informal powers of the president include:
Vetoes and pocket vetoes – formal powers that enable the president to check Congress
Foreign policy – both formal (Commander-in-Chief and treaties) and informal (executive agreements) powers that influence relations with foreign nations
Bargaining and persuasion – informal power that enables the president to secure congressional action
Executive orders – implied from the president’s vested executive power, or from power delegated by Congress, executive orders are used by the president to manage the federal government
Signing statements – informal power that informs Congress and the public of the president’s interpretation of laws passed by Congress and signed by the president
Chief Legislator & Chief Executive
Among the various roles the president has, two of the most important are Chief Legislator and Chief Executive. As Chief Legislator, the President lays out his legislative agenda, typically through the State of the Union address and other public appearances. As Chief Executive, the President works to ensure that the laws are carried out, and often uses executive orders to help shape the bureaucracy and its enforcement.
Announcements: 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 fill out a quiz retake form and complete at least six of the twelve assigned Khan Academy modules before the retake. READING: 341-378 in Edwards
Today's Essential Question: How have presidential powers been enhanced beyond those expressed in the Constitution?
Learning Standards: CON-4.A: Explain how the president can implement a policy agenda
CON-4.A.1: Presidents use powers and perform functions of the office to accomplish a policy agenda.
CON-4.A.2: Formal and informal powers of the president include:
Vetoes and pocket vetoes – formal powers that enable the president to check Congress
Foreign policy – both formal (Commander-in-Chief and treaties) and informal (executive agreements) powers that influence relations with foreign nations
Bargaining and persuasion – informal power that enables the president to secure congressional action
Executive orders – implied from the president’s vested executive power, or from power delegated by Congress, executive orders are used by the president to manage the federal government
Signing statements – informal power that informs Congress and the public of the president’s interpretation of laws passed by Congress and signed by the president
Chief Diplomat
In addition to the President's military powers as the Commander in Chief, he serves as the country's Chief Diplomat, taking the lead in directing foreign policy. Again, this is often a power that is shared with the legislative branch although presidents have found ways around congressional involvement in some cases.
Who should control foreign policy, the President or Congress?
How can the president influence foreign policy? For each of the foreign policy presidential actions (Chief Diplomat), find a specific example related to our current president. How is the president's role as Chief Diplomat connected to the current situation involving Ukraine and the impeachment inquiry?
2. Executive Agreements (not subject to Senate approval)
Executive agreements are politically binding agreements rather than legally binding between two (or more) leaders of foreign countries that do NOT require legislative approval.
Today's Essential Question: How have presidential powers been enhanced beyond those expressed in the Constitution?
Learning Standards: CON-4.A: Explain how the president can implement a policy agenda
CON-4.A.1: Presidents use powers and perform functions of the office to accomplish a policy agenda.
CON-4.A.2: Formal and informal powers of the president include:
Vetoes and pocket vetoes – formal powers that enable the president to check Congress
Foreign policy – both formal (Commander-in-Chief and treaties) and informal (executive agreements) powers that influence relations with foreign nations
Bargaining and persuasion – informal power that enables the president to secure congressional action
Executive orders – implied from the president’s vested executive power, or from power delegated by Congress, executive orders are used by the president to manage the federal government
Signing statements – informal power that informs Congress and the public of the president’s interpretation of laws passed by Congress and signed by the president
______________________________________________ Presidential Powers
The president, as head of the executive branch, has a great variety of both constitutional and informal powers. Over the next several days, we will look at the powers the president wields in both domestic and foreign affairs.
We will begin by taking a look at the president and his military and foreign policy powers as Commander in Chief. The framers created a system of shared military powers between the legislative and executive branch. Read this backgrounder to understand how power is split between these two branches. There is still much debate about how that power should be balanced and the growth of the presidency in the modern era. As you read, answer the following questions in your notes.
1. What military and foreign powers does Congress have?
2. What are the military and foreign policy powers that the President has?
3. Describe the various military and foreign policy issues that create conflict between the President and Congress.
4. What has been the general trend regarding the military/foreign power between the President and Congress? Why has this occurred?
War Powers Resolution Act
The War Powers Resolution was passed over the veto of President Nixon in 1973. It was an attempt by Congress to reassert lost military authority in response to actions of the Vietnam War. Watch the video below to learn about the major provisions of the War Powers Act and what effect it has had on limiting presidential military power.
Provisions of the War Powers Act
1. Notification of Congress within 48 hours
2. Sixty days of military action without Congressional approval
3. Thirty days to remove troops if Congress votes against military action
Earlier this year, Congress invoked the War Powers Act and passed a joint resolution calling for an end to military assistance in the conflict in Yemen. President Trump vetoed this resolution and US military assistance continues. Should Congress have a bigger say in military actions or does the role of the President as Commander in Chief enable unilateral decision making in military affairs?
Questions (answer in your notes):
1. How does the Constitution distribute war powers between the President and Congress, and why did the Founders decide on this arrangement?
2. What was the War Powers Resolution of 1973?
3. Does the modern world require that the President have war power authority never envisioned by the framers? For example, can Congress respond sufficiently quickly to hijackings, terrorist bombings at overseas facilities, and other threats to American citizens?
4. What limits, if any, should Congress impose on presidential war making powers?
Today's Essential Question: How is Congress's oversight power essential in our system of checks and balances?
Learning Standards: PMI-2.C: Explain how Congress uses its oversight power in its relationship with the executive branch
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.
Congressional Oversight
One of the most important powers of Congress is its ability to conduct oversight and investigation. This serves as a fundamental check on the executive branch and its implementation of laws and policies by the bureaucracy. Specifically, we want to address the purpose of Congressional oversight and the various techniques used to conduct oversight of the executive branch.
1. Define oversight.
2. What constitutional authority gives Congress its oversight powers?
3. Explain various methods or techniques used by Congress for oversight.
4. Explain the investigative power of Congress. Why is it so important?
5. How does the Senate's "advise and consent" power contribute to their oversight function?
6. Find and summarize a recent example of Congress's oversight power.
7. Find and summarize a recent example of Congress's "advise and consent" power.
Impeachment
Tomorrow, the House of Representatives will begin public impeachment hearings. As part of their oversight and investigatory powers, the House is looking into alleged abuse of power by President Trump and his asking of a foreign power to investigate a political rival in exchange for Congressionally appropriated foreign aid. To help understand the process of impeachment and the specific circumstances of this "quid pro quo" we will look at the Washington Post's guide to impeachment.
Today's Essential Question: How does Congress exercise its "power of the purse"? Learning Standards: CON-3.B: Explain how the structure, powers, and functions of both houses of Congress affect the policymaking process
CON-3.B.4: Congress must generate a budget that addresses both discretionary and mandatory spending, and as entitlement costs grow, discretionary spending opportunities will decrease unless tax revenues increase or the budget deficit increases.
CON-3.B.5: Pork barrel legislation and logrolling affect lawmaking in both chambers. ________________________________________________ The Congressional Budgetary Process 1. Looking at this infographic, generate three observations you can make and three questions you have.
2. Read this background guide that explains the budget process. Make sure to click on the +more button to expand the readings. 3. Looking at this chart, what difficulties does Congress face in the future when determining the budget?
4. The continually expanding national debt and federal budget deficit are a concern to many Americans. What is the difference between these two terms and why does the federal government continue to operate in such a way that increases our national debt? John Green will help answer some of those questions. Please watch the below video with your earbuds in.
5. Review the information in the slide presentation over the budget process, the national debt, and revenue sources.
Today's Essential Question: What factors influence how a member of Congress may vote on policy?
Learning Standards:
CON-3.C: Explain how congressional behavior is influenced by election processes, partisanship, and divided government.
CON-3.C.1: Congressional behavior and governing effectiveness are influenced by:
Ideological divisions within Congress that can lead to gridlock or create the need for negotiation and compromise
Gerrymandering, redistricting, and unequal representation of constituencies have been partially addressed by such Court decisions as Baker v. Carr (1961), which opened the door to equal protection challenges to redistricting and stated the “one person, one vote” doctrine, and the no-racial gerrymandering decision in Shaw v. Reno (1993)
Elections that have led to a divided government, including partisan votes against presidential initiatives and congressional refusal to confirm appointments of “lame-duck” presidents of the opposite party
Different role conceptions of “trustee,” “delegate,” and “politico” as related to constituent accountability in each chamber
________________________________________________
How a Member Decides
Members of Congress are faced with the dilemma of how to decide on proposed legislation. Should they vote according to their own beliefs (trustee) or represent the views of their constituents (delegate) if they differ? Or, should it be some combination of the two (politico)? Are most members of Congress simply partisans, voting along with their political party? How much of a role does the influence of political parties, interest groups, personal staff, Congressional leaders, and the president have in their decision making? Should you vote in the best interest of the country, or what is in the best interest of your state or district? Today we will discuss the various factors that impact their votes.
2. Role Play Activity: Each of you will be assigned a role and try to influence the Congressional representative's vote on an upcoming policy decision. Think about your role and how you can convince the member of Congress to vote in your favor.
3. Next, read this excerpt below on the various models of representation. What is the difference between delegate and trustee? Politico?
4. Watch this Video(begin play at 9:07 mark, wear earbuds) 2. Standing Up for a Cause You Don't Support
This story contrasts the efforts of Oregon's two U.S. senators on the so-called Death With Dignity law, which allows doctors to prescribe lethal doses of controlled substances to terminally ill adults who request them. Through two direct ballot initiatives, one to create the law and one to decide whether or not to repeal it, Oregonians twice voted in favor of assisted suicide. Both Republican Senator Gordon Smith and Democratic Senator Ron Wyden personally opposed the assisted suicide law. But once Congress challenged Oregon's law as a violation of the U.S. Controlled Substances Act, the senators had to decide where they stood on Congress's challenge, and how much they should let the views of Oregonians sway their position. In the end, each had to decide if he was a delegate or a trustee.
5. Fill out this exit ticket before you leave class today.
Members of Congress have many influences to draw upon when deciding how to vote for a bill: their conscience, input from constituents, party loyalty, and perhaps, pressure from the administration. In this module, you are a Member of Congress who will soon have to vote on a proposed Constitutional amendment to ban flag desecration. You will meet with all of the types of people who typically try to influence your thinking on a bill, including Members of your party, constituents, special interests, and the administration. How a Member Decides Role Play Activity:
1. Representative
You serve as the representative for the 6th
District of Missouri, a largely rural area in northern Missouri. You won a
close election the previous year in an open election and are anticipating
another tough fight this November as you try to retain your seat. The
reauthorization of the Clean Water Act is up for a vote this week. You must
listen to the concerns of your constituents, fellow party members, the
President, the bureaucracy, and interest groups, considering all of the various factors before
casting your vote. It is expected to be a very close vote and the media is
focusing its attention on undecided members of Congress such as yourself.
2. Sierra Club
The Sierra Club is America’s largest and most influential
environmental interest group. It has hundreds of thousands of members,
including a Missouri chapter. The Sierra Club is in favor of the
reauthorization of the Clean Water Act as it will protect wildlife and drinking
water for the people of the 6th district. You must convince the
representative of the importance of a “yes” vote on this matter.
3. Monsanto
Monsanto is one of the world’s largest commercial producers
of herbicides and is headquartered in Missouri. The reauthorization of the
Clean Water Act would have a negative impact on your company as some of your
products would be limited or banned for use. You contributed $5000 directly to
the representative’s last campaign and an undisclosed sum to various PACs and
Super-PACs in the last election cycle.
4. Hog Farmer
As a hog farmer in northwest Missouri with a large-scale
operation, you have deep concerns about the Clean Water Act. As proposed, it
would limit the size of hog farms due to the hazards of waste run-off and
contamination of the water supply. You know there are other farmers in the area
who are also concerned about the limitations placed upon the use of certain
herbicides and pesticides that may threaten their yield.
5. Concerned Parent
As a resident of the 6th District and parent of
three young children, you are supportive of the reauthorization of the Clean
Water Act. There has been an increase in the number of health problems in your county and many citizens speculate that it could be a result of water contamination from agricultural interests. Contaminated drinking water may lead to tumors, cancer, and other
health problems, especially in younger children. You voted for the representative in the last
election and are the president of the school PTA.
6. Party Leader
This vote on the reauthorization is a test of political wills.
While generally in favor of protecting the environment, the legislation as
currently written is not acceptable and you are encouraging your fellow party
members to vote no on this proposal. You know that it will be a very close vote
and every vote will matter. The representative from Missouri’s Sixth District
is currently on the fence.
7. The President
The reauthorization and strengthening of the Clean Water Act
was one of your campaign promises in the last election. You have had a
successful first two years in office and your approval rating stands at 71%.
With midterm elections coming up, many eyes will be on which representatives
are supportive of your policies. The upcoming vote on the Clean Water Act is
important to you, but is being hotly debated in Congress. It may come down to a
couple of key votes, including the representative from Missouri’s Sixth
District. Although the representative is not a member of your party, you believe that safe drinking water is not a partisan issue and are looking for support from both parties. A defeat on this bill would be a blow to your presidency.
