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The [[President of the United States of America|president]] is also commander-in-chief of the military.  He controls its operations, and supervises its conflicts with foreign militaries.  After [[Congress]] declares war (and often when it does not), the [[President of the United States of America|president]] assumes the day-to-day responsibility for conducting that war.  [[President of the United States of America|President]] Lyndon Johnson would personally review and make decisions about daily bombing runs in Vietnam. [[President of the United States of America|President]] Lincoln was hiring, firing, and ordering generals during the Civil War.

The [[President of the United States of America|president]] is also commander-in-chief of the military.  He controls its operations, and supervises its conflicts with foreign militaries.  After [[Congress]] declares war (and often when it does not), the [[President of the United States of America|president]] assumes the day-to-day responsibility for conducting that war.  [[President of the United States of America|President]] Lyndon Johnson would personally review and make decisions about daily bombing runs in Vietnam. [[President of the United States of America|President]] Lincoln was hiring, firing, and ordering generals during the Civil War.

More generally, the [[President of the United States of America|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 [[United States Senate|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 of the United States of America|President]] [[Bill Clinton|Clinton]] bypassed the requirement of [[United States Senate|Senate]] approval by arranging for [[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 [[United States Senate|Senate]] to ratify a treaty).

More generally, the [[President of the United States of America|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 [[United States Senate|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 of the United States of America|President]] [[Bill Clinton|Clinton]] bypassed the requirement of [[United States Senate|Senate]] approval by arranging for [[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 [[United States Senate|Senate]] to ratify a treaty).

The [[President of the United States of America|president]] also has legislative authority in signing or vetoing new [[law]]s.  If the [[President of the United States of America|president’s]] political party is in control of [[Congress]], then he has implicit control over its agenda too.  The [[President of the United States of America|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 of the United States of America|president]] to sign.  An attempt to give the [[President of the United States of America|president]] “line-item veto” authority to strike out certain spending items was held to be unconstitutional.

The [[President of the United States of America|president]] also has legislative authority in signing or vetoing new [[law]]s.  If the [[President of the United States of America|president’s]] political party is in control of [[Congress]], then he has implicit control over its agenda too.  The [[President of the United States of America|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 of the United States of America|president]] to sign.  An attempt to give the [[President of the United States of America|president]] “line-item veto” authority to strike out certain spending items was held to be unconstitutional.

'''II. Appointment Power'''

'''II. Appointment Power'''

Today people view the appointment power of the [[President of the United States of America|president]] as his most important authority.  In particular, the [[President of the United States of America|president’s]] ability to fill [[U.S. Supreme Court|Supreme Court]] vacancies and lower federal court positions is the focus of political attention.  The [[President of the United States of America|president]] can usually serve only eight years, but a [[U.S. Supreme Court|Supreme Court]] justice can serve 35 years or more.

Today people view the appointment power of the [[President of the United States of America|president]] as his most important authority.  In particular, the [[President of the United States of America|president’s]] ability to fill [[U.S. Supreme Court|Supreme Court]] vacancies and lower [[federal]] court positions is the focus of political attention.  The [[President of the United States of America|president]] can usually serve only eight years, but a [[U.S. Supreme Court|Supreme Court]] justice can serve 35 years or more.

But a vacancy on the [[U.S. Supreme Court|Supreme Court]] must occur before the [[President of the United States of America|president]] can nominate a new justice.  [[President of the United States of America|President]] Carter did not see a single [[U.S. Supreme Court|Supreme Court]] vacancy during his four-year term.  He thus made no appointments.  [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]] saw three vacancies, and he appointed Justices O’Connor, Scalia and Kennedy.  Instead of Justice Kennedy, [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]] initially appointed Robert Bork, who was defeated by the [[United States Senate|Senate]].  A majority vote in the [[United States Senate|Senate]] is necessary to confirm a federal judge to the [[U.S. Supreme Court|Supreme Court]] or lower court.  [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]] also elevated Justice Rehnquist to become Chief Justice when Chief Justice Warren Burger retired, and that promotion was approved by the [[United States Senate|Senate]] after some heated debate.

But a vacancy on the [[U.S. Supreme Court|Supreme Court]] must occur before the [[President of the United States of America|president]] can nominate a new justice.  [[President of the United States of America|President]] Carter did not see a single [[U.S. Supreme Court|Supreme Court]] vacancy during his four-year term.  He thus made no appointments.  [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]] saw three vacancies, and he appointed Justices O’Connor, Scalia and Kennedy.  Instead of Justice Kennedy, [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]] initially appointed Robert Bork, who was defeated by the [[United States Senate|Senate]].  A majority vote in the [[United States Senate|Senate]] is necessary to confirm a [[federal]] judge to the [[U.S. Supreme Court|Supreme Court]] or lower court.  [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]] also elevated Justice Rehnquist to become Chief Justice when Chief Justice Warren Burger retired, and that promotion was approved by the [[United States Senate|Senate]] after some heated debate.

The [[United States Senate|Senate’s]] defeat of [[Ronald Wilson Reagan|Reagan’s]] nomination of Robert Bork to the [[U.S. Supreme Court|Supreme Court]] in 1987 was a watershed, because it was purely political.  A majority of senators felt Bork was too conservative, and the attacks and ultimate rejection of his nomination became known as “Borking” a presidential pick.  He later wrote a popular book describing the politicization of the judiciary.

The [[United States Senate|Senate’s]] defeat of [[Ronald Wilson Reagan|Reagan’s]] nomination of Robert Bork to the [[U.S. Supreme Court|Supreme Court]] in 1987 was a watershed, because it was purely political.  A majority of senators felt Bork was too conservative, and the attacks and ultimate rejection of his nomination became known as “Borking” a presidential pick.  He later wrote a popular book describing the politicization of the judiciary.

'''III. Leader of the Executive Branch'''

'''III. Leader of the Executive Branch'''

The [[President of the United States of America|president]] has complete control over his executive branch, and fills thousands of positions in the numerous federal agencies.  [[United States Senate|Senate]] approval is required only for a few top positions, such as the Cabinet officials who directly advise the [[President of the United States of America|president]].

The [[President of the United States of America|president]] has complete control over his executive branch, and fills thousands of positions in the numerous [[federal]] agencies.  [[United States Senate|Senate]] approval is required only for a few top positions, such as the Cabinet officials who directly advise the [[President of the United States of America|president]].

When George Washington was [[President of the United States of America|president]], there were only three Cabinet officials: State, War (now Defense), and Treasury.  As the federal [[government]] has expanded, so have the number of positions.  [[President of the United States of America|President]] [[George W. Bush|Bush]] has 15 Cabinet officials.  [[United States Senate|Senate]] confirmation was required for all of them.  Typically the [[President of the United States of America|president]] fills these positions with members of his own party, often those who were recently defeated for [[United States Senate|Senate]], or former governors.

When George Washington was [[President of the United States of America|president]], there were only three Cabinet officials: State, War (now Defense), and Treasury.  As the [[federal]] [[government]] has expanded, so have the number of positions.  [[President of the United States of America|President]] [[George W. Bush|Bush]] has 15 Cabinet officials.  [[United States Senate|Senate]] confirmation was required for all of them.  Typically the [[President of the United States of America|president]] fills these positions with members of his own party, often those who were recently defeated for [[United States Senate|Senate]], or former governors.

How many of [[President of the United States of America|President]] [[George W. Bush|Bush’s]] Cabinet members can you name?  How many departments under the [[President of the United States of America|president]] can you name?

How many of [[President of the United States of America|President]] [[George W. Bush|Bush’s]] Cabinet members can you name?  How many departments under the [[President of the United States of America|president]] can you name?

The [[President of the United States of America|president]] has influence over trade with foreign countries.  The Commerce Department, created as the Department of Commerce and Labor in 1903 (the Labor Department split off in 1913), is devoted to promoting trade with foreign countries.

The [[President of the United States of America|president]] has influence over trade with foreign countries.  The Commerce Department, created as the Department of Commerce and Labor in 1903 (the Labor Department split off in 1913), is devoted to promoting trade with foreign countries.

Agencies in the Executive Branch handle many types of disputes before they become lawsuits.  The Department of Education hears complaints about violation of federal [[law]] in public schools; the Department of Labor hears labor disputes, including alleged discrimination; the Department of Health and Human Services handles the massive federal health care spending.  Each of the 15 federal agencies, including the new Department of Homeland Security, have responsibilities that grow over time.

Agencies in the Executive Branch handle many types of disputes before they become lawsuits.  The Department of Education hears complaints about violation of [[federal]] [[law]] in public schools; the Department of Labor hears labor disputes, including alleged discrimination; the Department of Health and Human Services handles the massive [[federal]] health care spending.  Each of the 15 [[federal]] agencies, including the new Department of Homeland Security, have responsibilities that grow over time.

Much attention these days is focused on the fourth oldest department: the Department of Justice.  Its head, Attorney General John Ashcroft, was bitterly opposed by [[liberal]]s from the beginning.  The [[United States Senate|Senate]] delayed his confirmation and he won in a relatively close vote in early 2001, after [[George W. Bush|Bush]] became [[President of the United States of America|president]] and appointed him.

Much attention these days is focused on the fourth oldest department: the Department of Justice.  Its head, Attorney General John Ashcroft, was bitterly opposed by [[liberal]]s from the beginning.  The [[United States Senate|Senate]] delayed his confirmation and he won in a relatively close vote in early 2001, after [[George W. Bush|Bush]] became [[President of the United States of America|president]] and appointed him.

The Department of Justice is responsible for handling all prosecutions and litigation for the federal [[government]].  Originally, the federal [[government]] prosecuted very few crimes.  Treason was one.  Counterfeiting was another.  But not much more.

The Department of Justice is responsible for handling all prosecutions and litigation for the [[federal]] [[government]].  Originally, the [[federal]] [[government]] prosecuted very few crimes.  Treason was one.  Counterfeiting was another.  But not much more.

Now the federal [[government]] prosecutes thousands of crimes in all areas of life.  Fraud.  Accounting deception.  Monopolies.  Lying to a federal official is a special federal crime.  Obstruction of justice is a federal crime, when someone interferes with an investigation.  Certain types of murder are now federal crimes.  It was the Department of Justice that attempted to break up Microsoft’s monopoly; it is the Department of Justice that is prosecuting Martha Stewart; it is the Department of Justice that is currently investigating a leak from the [[White House]] about a CIA agent.

Now the [[federal]] [[government]] prosecutes thousands of crimes in all areas of life.  Fraud.  Accounting deception.  Monopolies.  Lying to a [[federal]] official is a special [[federal]] crime.  Obstruction of justice is a [[federal]] crime, when someone interferes with an investigation.  Certain types of murder are now [[federal]] crimes.  It was the Department of Justice that attempted to break up Microsoft’s monopoly; it is the Department of Justice that is prosecuting Martha Stewart; it is the Department of Justice that is currently investigating a leak from the [[White House]] about a CIA agent.

Unlike state prosecutors, federal prosecutors are not elected.  They work under the Attorney General, who is appointed by the [[President of the United States of America|president]].  They are called U.S. Attorneys or assistant U.S. Attorneys.  State prosecutors are called District Attorneys.  The top state prosecutors are elected, and thus directly accountable to the public.  When a state prosecution meets with public disapproval, the responsible district attorney can be defeated at the next election.  But the [[President of the United States of America|president]] has to be defeated to change the Department of Justice, and presidential elections are typically determined by economic rather than legal issues.

Unlike state prosecutors, [[federal]] prosecutors are not elected.  They work under the Attorney General, who is appointed by the [[President of the United States of America|president]].  They are called U.S. Attorneys or assistant U.S. Attorneys.  State prosecutors are called District Attorneys.  The top state prosecutors are elected, and thus directly accountable to the public.  When a state prosecution meets with public disapproval, the responsible district attorney can be defeated at the next election.  But the [[President of the United States of America|president]] has to be defeated to change the Department of Justice, and presidential elections are typically determined by economic rather than legal issues.

Many are criticizing Attorney General Ashcroft for expanding federal power in investigating and prosecuting alleged terrorists.  After 9/11, the [[George W. Bush|Bush Administration]] sought and achieved new powers to target criminals under the Patriot Act.  While all are in favor of catching and prosecuting real terrorists, many oppose the loss of liberty in the War on Terrorism.  After all, some say, it is liberty that we are defending against terrorism in the first place.

Many are criticizing Attorney General Ashcroft for expanding [[federal]] power in investigating and prosecuting alleged terrorists.  After 9/11, the [[George W. Bush|Bush Administration]] sought and achieved new powers to target criminals under the Patriot Act.  While all are in favor of catching and prosecuting real terrorists, many oppose the loss of liberty in the War on Terrorism.  After all, some say, it is liberty that we are defending against terrorism in the first place.

The main dispute revolves around the Fourth Amendment.  The Patriot Act reduced the requirements for federal investigators to seize evidence and tape-record calls of alleged terrorists.  No longer must a local judge issue a warrant based on a detailed affidavit of probable cause prior to searches of alleged terrorists, broadly defined.  Also, federal investigators can now search certain homes without leaving a copy of a warrant so that the owner knows it has been searched.  This is known as “sneak and peak.”  There are many newspaper articles discussing this controversy.  On Sunday, a pollster said that after 9/11, people wanted to give up some freedoms in this area to stop terrorism, but now over two years later they no longer want to.  What do you think?

The main dispute revolves around the Fourth Amendment.  The Patriot Act reduced the requirements for [[federal]] investigators to seize evidence and tape-record calls of alleged terrorists.  No longer must a local judge issue a warrant based on a detailed affidavit of probable cause prior to searches of alleged terrorists, broadly defined.  Also, [[federal]] investigators can now search certain homes without leaving a copy of a warrant so that the owner knows it has been searched.  This is known as “sneak and peak.”  There are many newspaper articles discussing this controversy.  On Sunday, a pollster said that after 9/11, people wanted to give up some freedoms in this area to stop terrorism, but now over two years later they no longer want to.  What do you think?

1.  Should we have free trade with China?  China is a communist country notorious for requiring abortion, persecuting citizens for religious reasons, and pouring its money into a military that threatens free Chinese on Taiwan and aims missiles at our western cities like Los Angeles.  When we buy goods from Communist China, some of that money funds its totalitarian [[government]].  Should our [[government]] encourage trade with China by granting it “Most Favored Nation” trade status?

1.  Should we have free trade with China?  China is a communist country notorious for requiring abortion, persecuting citizens for religious reasons, and pouring its money into a military that threatens free Chinese on Taiwan and aims missiles at our western cities like Los Angeles.  When we buy goods from Communist China, some of that money funds its totalitarian [[government]].  Should our [[government]] encourage trade with China by granting it “Most Favored Nation” trade status?

2.  The Attorney General has been controversial in exercising greater federal powers to investigate criminals, including terrorists.  Do you think the federal [[government]] should have more power in this area?

2.  The Attorney General has been controversial in exercising greater [[federal]] powers to investigate criminals, including terrorists.  Do you think the [[federal]] [[government]] should have more power in this area?

3.  [[President of the United States of America|President]] [[George W. Bush|Bush]] beat Al Gore in 2000 even though Gore won the popular vote, because [[George W. Bush|Bush]] won a narrow majority of the electoral college.  Is that fair?

3.  [[President of the United States of America|President]] [[George W. Bush|Bush]] beat Al Gore in 2000 even though Gore won the popular vote, because [[George W. Bush|Bush]] won a narrow majority of the electoral college.  Is that fair?