Changes

== Review ==

== Review ==

In our prior lectures we discussed our three branches of government at the federal (national) level, as established by the U.S. Constitution. Article I for the legislative branch (Congress), Article II for the executive branch (the president), and Article III for the judicial branch (the courts).  Which branch employs the most people?  The executive branch, by far: it employs millions of workers, including the entire military. The other two branches employ only a few thousand each.  At the state level, there are also executive, legislative and judicial branches of government, but without the strict separation of powers required by the U.S. Constitution at the federal level.  Keep in the mind that the federal and state governments are independent systems, having no direct connection with each other.

In our prior lectures we discussed our three branches of government at the federal (national) level, as established by the U.S. Constitution: Article I for the legislative branch (Congress), Article II for the executive branch (the president), and Article III for the judicial branch (the courts).  Which branch employs the most people?  The executive branch, by far: it employs millions of workers, including the entire military. The other two branches employ only a few thousand each.  At the state level, there are also executive, legislative and judicial branches of government, but without the strict separation of powers required by the U.S. Constitution at the federal level.  Keep in the mind that the federal and state governments are independent systems, having no direct connection with each other.

In this lecture we return to the executive branch, which is timely because our Nation will soon select the next president.  Some are already voting due to "early voting."  Indeed, nearly half the Nation may vote early, prior to Election Day.  Some states (such as Oregon and Colorado) have far more early voting than other states.

In this lecture we return to the executive branch, which is timely because our Nation will soon select the next president.  Some are already voting due to "early voting."  Indeed, nearly half the Nation may vote early, prior to Election Day.  Some states (such as Oregon and Colorado) have far more early voting than in other states.

Mitt Romney has been trailing the incumbent<ref>An "incumbent" is a candidate who currently holds the political office, and is running for reelection.</ref> Barack Obama in most polls, but Romney did much better than Obama in their first presidential debate last Wednesday.<ref>There are a total of three presidential debates and one vice presidential debate during the campaign.</ref>  Polling after that debate indicated that Romney received a four-point "bounce" due to his strong performance in the debate.  The Reuters poll showed Romney trailing Obama by only 44% to 46% as of Friday, March 5.  Some observers feel that as long as Obama is below 50% in polls, then he is likely to lose because undecided voters typically tend to vote against an incumbent.

Mitt Romney has been trailing the incumbent<ref>An "incumbent" is a candidate who currently holds the political office, and is running for reelection.</ref> Barack Obama in most polls, but Romney did much better than Obama in their first presidential debate last Wednesday.<ref>There are a total of three presidential debates and one vice presidential debate during the campaign.</ref>  Polling after that debate indicated that Romney received a four-point "bounce" due to his strong performance in the debate.  The Reuters poll showed Romney trailing Obama by only 44% to 46% as of Friday, March 5.  Some observers feel that as long as Obama is below 50% in polls, then he is likely to lose because undecided voters typically tend to vote against an incumbent.

Notice how important the media are in connection with the presidential debates.  The media ask the questions of the candidates; the media broadcast the debates to the American public; and the media provide an analysis of the debates for the millions of Americans who do not actually watch them.  The media "spin" the news in a way that they like.  For example, even though Americans felt that Romney defeated Obama by an enormous margin of 67%-25% (according to a CNN poll), newspapers like the USA Today ran headlines the day after the debate implying that it was roughly a tie between the candidates.

Notice how important the media are in connection with the presidential debates.  The media ask the questions of the candidates; the media broadcast the debates to the American public; and the media provide an analysis of the debates for the millions of Americans who do not actually watch them.  The media "spin" the news in a way that they like.  For example, even though Americans felt that Romney defeated Obama by an enormous margin of 67%-25% (according to a CNN poll), newspapers like the ''USA Today'' ran headlines the day after the debate implying that it was roughly a tie between the candidates.

Congress has adjourned until after the upcoming election.  But it may reconvene post-election to consider and pass legislation.  If so, that will be called a "lame duck" Congress because it will include many congressmen who were defeated in the election, or retired.  The newly elected congressmen (and president) do not take office until January of the following year.  "Lame duck" sessions of Congress can be very harmful because it is unaccountable to the voters, and many congressmen tend to act in self-interest rather than what the voters want.

Congress has adjourned until after the upcoming election.  But it may reconvene post-election to consider and pass legislation.  If so, that will be called a "lame duck" Congress because it will include many congressmen who were defeated in the election, or retired.  The newly elected congressmen (and president) do not take office until January of the following year.  "Lame duck" sessions of Congress can be very harmful because they are unaccountable to the voters, and many congressmen tend to act in self-interest rather than what the voters want.

== The Presidency ==

== The Presidency ==

The president is commander-in-chief of the military.  He controls its operations, and supervises its conflicts with foreign militaries.  After Congress declares war (and even when it does not), the president makes the decisions about where American troops go.  President Lyndon Johnson would personally review and make decisions about daily bombing runs in Vietnam. President Lincoln was hiring, firing, and ordering generals during the Civil War.

The president is commander-in-chief of the military.  He controls its operations, and supervises its conflicts with foreign militaries.  After Congress declares war (and even when it does not), the president makes the decisions about where American troops go.  President Lyndon Johnson would personally review and make decisions about daily bombing runs in Vietnam. President Lincoln was hiring, firing, and ordering generals during the Civil War.

The president is responsible for all foreign policy.  He appoints the ambassadors, and decides what treaties to negotiate and sign.  But 2/3rd approval by the Senate is required for any treaty to become law.  The North Atlantic Free Trade Agreement (NAFTA) established so-called “free trade” between the United States and Mexico and Canada.  President Clinton bypassed the requirement of Senate approval by arranging for a "lame duck" Congress to pass the treaty directly into federal law.  Why do you think he did that?  (Answer: it only requires a majority to pass a law rather than 2/3 in the Senate to ratify a treaty).

The president is responsible for all foreign policy.  He appoints the ambassadors, and decides what treaties to negotiate and sign.  But 2/3rd approval by the Senate is required for any treaty to become law.  The North Atlantic Free Trade Agreement (NAFTA) established so-called “free trade” between the United States and Mexico and Canada.  President Clinton bypassed the requirement of Senate approval by arranging for a "lame duck" Congress to pass the treaty directly into federal law.  Why do you think he did that?  (Answer: it requires only a majority to pass a law rather than 2/3 in the Senate to ratify a treaty).

The president also has legislative authority in signing or vetoing new laws.  If the president’s political party is in control of Congress, then he has implicit control over its agenda too.  The president typically submits a budget each year for Congress to pass in order to pay for the operations of the government and all its programs.  Typically Congress will add spending to that budget and include it in one massive bill for the president to sign.  An attempt to give the president "line-item veto" authority to strike out certain spending items was held to be unconstitutional.  But at the state level, where there is not a strict separation of powers, "line-item veto" authority does exist in many states.

The president also has legislative authority in signing or vetoing new laws.  If the president’s political party is in control of Congress, then he has implicit control over its agenda too.  The president typically submits a budget each year for Congress to pass in order to pay for the operations of the government and all its programs.  Typically Congress will add spending to that budget and include it in one massive bill for the president to sign.  An attempt to give the president "line-item veto" authority to strike out certain spending items was held to be unconstitutional.  But at the state level, where there is not a strict separation of powers, "line-item veto" authority does exist in many states.

The president supervises the executive branch, and fills thousands of positions in the numerous federal agencies.  Senate approval is required for the highest positions, such as the "Cabinet" officials who directly advise the president.

The president supervises the executive branch, and fills thousands of positions in the numerous federal agencies.  Senate approval is required for the highest positions, such as the "Cabinet" officials who directly advise the president.

When George Washington was president, there were only three Cabinet officials: State, War (now Defense), and Treasury.  But as the federal government has expanded over the past 223 years, so have the number of positions.  There are now 15 Cabinet officials, and confirmation of appointments by the president is required to these positions.  Typically the president fills these positions with members of his own political party; usually they are governors, former governors, or senators who were defeated for reelection.  If Mitt Romney wins the presidency this year, then he would likely nominate Chris Christie to the Cabinet-level position of Attorney General, and perhaps Rick Santorum to the Cabinet-level position of the Secretary of Health and Human Services.  Each position in the Cabinet corresponds to the head of an administrative agency in the Executive branch.

When George Washington was president, there were only three Cabinet officials: State, War (now Defense), and Treasury.  But as the federal government has expanded over the past 223 years, so have the number of positions.  There are now 15 Cabinet officials, and Senate confirmation (by majority vote) of appointments made by the president is required to fill these positions.  Typically the president fills these positions with members of his own political party; usually they are governors, former governors, or senators who were defeated for reelection.  If Mitt Romney wins the presidential election, then he would likely nominate Chris Christie to the Cabinet-level position of Attorney General (which heads the Department of Justice), and perhaps Rick Santorum to the Cabinet-level position of the Secretary of Health and Human Services.  Each position in the Cabinet corresponds to the head of an administrative agency in the Executive branch.

One reason the presidential election is so important is because the winner then chooses leaders for each of the federal departments.

One reason the presidential election is so important is because the winner then chooses leaders for each of the federal departments.

Presidents have increasingly used "Executive Orders" in an attempt to create laws without Congress.  President Obama coined a slogan "We Can't Wait" to emphasize how he would issue legal requirements by Executive Order when Congress declined to enact a law that he wanted.

Presidents have increasingly used "Executive Orders" in an attempt to create laws without Congress.  President Obama coined a slogan "We Can't Wait" to emphasize how he would issue legal requirements by Executive Order when Congress declined to enact a law that he wanted.

Like much of what you will read in this week's lecture, there is no specific authorization in the Constitution for the president to issue an Executive Order.  Critics of them say they are unconstitutional, or have no force of law, but presidents insist they can do this under the constitutional provision authorizing them to "take Care that the Laws be faithfully executed."   

Like much of what you will read in this week's lecture, there is no specific authorization in the Constitution for the president to issue an Executive Order.  Critics of Executive Orders say they are unconstitutional, or have no force of law, but presidents insist they can do this under the constitutional provision authorizing them to "take Care that the Laws be faithfully executed."   

Presidents have promulgated Executive Orders to confiscate gold, deny Americans their rights of habeas corpus,<ref>The right of habeas corpus is one of the most fundamental of all rights: it means someone imprisoned by government has a right to a court hearing to learn and challenge the reason for his imprisonment.</ref>  and require physicians to provide a translator at the the physicians' own expense for any patients who may not understand English.  The internment of the Japanese Americans during World War II was done by Executive Order.  Two Executive Orders (but not the internment order) have been invalidated by courts in our Nation's history.  Others have not been fully enforced due to their dubious legitimacy.

In American history, presidents have promulgated Executive Orders to confiscate gold, deny Americans their rights of habeas corpus,<ref>The right of habeas corpus is one of the most fundamental of all rights: it means someone imprisoned by government has a right to a court hearing to learn and challenge the reason for his imprisonment.</ref>  and require physicians to provide a translator at the physicians' own expense for any patients who may not understand English.  The internment of the Japanese Americans during World War II was done by Executive Order.  Two Executive Orders (but not the internment order) have been invalidated by courts in our Nation's history.  Others have not been fully enforced due to their dubious legitimacy.

== Federal Agencies ==

== Federal Agencies ==

== FOIA ==

== FOIA ==

The Freedom of Information Act (FOIA) enables a citizen to obtain information from a federal agency by submitting a request over the internet.  In 2011, the federal government received more than 640,000 FOIA requests.<ref>http://www.foia.gov/</ref>

The Freedom of Information Act (FOIA) enables a citizen to obtain information from a federal agency by submitting a request over the internet.  In 2011, the federal government received more than 640,000 FOIA requests.<ref>http://www.foia.gov/</ref> Anyone -- '''''including you''''' -- may file a FOIA request to obtain internal information from the federal government.

This important law can result in obtaining enlightening information about what is really going on behind the scenes.  Federal agencies are required to provide emails and other information as requested by ordinary citizens through this process.  Can you think of information you would like to make a "FOIA request" for?

This important law can result in obtaining enlightening information about what is really going on behind the scenes.  Federal agencies are required to provide emails and other information as requested by ordinary citizens through this process.  Can you think of information for which you would like to make a "FOIA request"?

Most states also have their own versions of FOIA, but using different names for the law (such as "Open Records Law").

Most states also have their own versions of FOIA so that citizens can obtain information from state government, but use different names for the law (such as "Open Records Law").

== Federal Election Commission ==

== Federal Election Commission ==

Barack Obama's campaign recently announced that he raised $181 million in the month of September, more than many expected.  The FEC requires the campaign to provide the names of his larger donors, and other information about how that money is received and how much of it was spent.

Barack Obama's campaign recently announced that he raised $181 million in the month of September, more than many expected.  The FEC requires the campaign to provide the names of his larger donors, and other information about how that money is received and how much of it was spent.

Super PACs must also file FEC reports.  But some organizations are exempt, due to "loopholes" in the law.  Some types of "527 organizations," for example, may not be required to file an FEC report disclosing its political fundraising and expenditures.<ref>http://www.fec.gov/ans/answers_general.shtml#527</ref>

Super PACs must also file FEC reports.  But some organizations are exempt, due to "loopholes"<ref>A "loophole" is something missing from a law that enables someone to avoid its application.</ref> in the law.  Some types of "527 organizations," for example, may not be required to file an FEC report disclosing its political fundraising and expenditures.<ref>http://www.fec.gov/ans/answers_general.shtml#527</ref>

Query: which department of the federal government do you think the FEC is in?

Query: which department of the federal government do you think the FEC is in?

There are massive government buildings in downtown Washington, D.C., obvious to anyone who visits there.  Those who attend the annual March for Life walk down streets alongside enormous these enormous structures.  They house many thousands of federal government workers, including employees of the agencies mentioned above.

There are massive government buildings in downtown Washington, D.C., obvious to anyone who visits there.  Those who attend the annual March for Life walk down streets alongside enormous these enormous structures.  They house many thousands of federal government workers, including employees of the agencies mentioned above.

When a new president is elected, as will occur in less than a month, he can change the leadership of these agencies, but most of the workers remain the same.  Many are, in fact, protected against being replaced by a new president.  The spoils system that existed under President Andrew Jackson was later replaced by a system that protects most government employees from being fired or replaced by a new president.  These "career" employees are what keep the federal government on its path of growth no matter who is elected president.  Even under conservative President Ronald Reagan the federal government continued to grow in size and power, although at a slower rate than under liberal presidents.

When a new president is elected, as will occur in less than a month, he can change the leadership of these agencies, but most of the workers remain the same.  Many are, in fact, protected against being replaced by a new president.  The spoils system that existed under President Andrew Jackson was later replaced by a system that protects most federal government employees from being fired or replaced by a new president.  These "career" employees are what keep the federal government on its path of growth no matter who is elected president.  Even under conservative President Ronald Reagan the federal government continued to grow in size and power, although at a slower rate than under liberal presidents.

But while presidents may have relatively little effect on the ever-growing scope of the federal government through its agencies, a president can have an enormous affect on some of its policies.  Obama and Romney would likely establish very different policies towards the approval by the FDA of good adult stem cells for medical care, whether the internet is regulated and controlled by government by the FCC, and what regulations are adopted by the FEC for future elections.

But while presidents may have relatively little effect on the ever-growing scope of the federal government through its agencies, a president can have an enormous effect on some of its policies.  Obama and Romney would likely establish very different policies towards the approval by the FDA of good adult stem cells for medical care, whether the internet is regulated and controlled by the FCC, and what regulations are adopted by the FEC for future elections.

== Homework ==

== Homework ==

<br>3.  Explain what the "Cabinet" is, and who (in general terms) is in it.

<br>3.  Explain what the "Cabinet" is, and who (in general terms) is in it.

<br>4.  How might the election of Mitt Romney to president this year affect who is governor of New Jersey in 2013?  Explain.

<br>4.  How might the election of Mitt Romney to president this year affect who is governor of New Jersey in 2013?  Explain.

<br>5.  What information would you like to seek in a "FOIA request" for, and why?  Specify a federal agency from whom you would seek the information by filing a FOIA request.

<br>5.  What information would you like to seek in a "FOIA request," and why?  Specify a federal agency from whom you might seek this information by filing a FOIA request.

<br>6.  What is your view of Executive Orders?  Explain.

<br>6.  What is your view of Executive Orders?  Explain.

<br>7.  In which department is the FEC located?  Do you agree it should be there, and why?  (a little research is needed to answer this)

<br>7.  In which department is the FEC located?  Do you agree it should be there, and why?  (a little research is needed to answer this)

9.  Find a federal regulation that you would have liked to submit a comment on.  What would you have said?

9.  Find a federal regulation that you would have liked to submit a comment on.  What would you have said?

<br>10.  What is a "lame duck Congress," and why might it be dangerous to the future of our Nation?

<br>10.  What is a "lame duck" Congress, and why might it be dangerous to the future of our Nation?

<br>11.  Why do you think many have sought to abolish the U.S. Department of Education, but none have been successful?

<br>11.  Why do you think many have sought to abolish the U.S. Department of Education, but none have been successful?

<br>12.  What is an argument against the constitutionality of the many federal agencies, particularly in how they establish laws through their regulatory process?  Explain.

<br>12.  What is an argument against the constitutionality of the many federal agencies, particularly in how they establish laws through their regulatory process?  Explain.