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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.

[[President of the United States of America|President]] Bush will likely complete his current term without picking a single [[U.S. Supreme Court|Supreme Court]] justice.  This is surprising because several vacancies were expected.  Chief Justice Rehnquist in particular, nearly 80 years old, was expected to step down so that a Republican [[President of the United States of America|president]] could choose his replacement.  It is possible that [[President of the United States of America|President]] Bush talked him out of retiring in the hopes that Republicans will have greater power in the [[United States Senate|Senate]] after the 2004 elections, and that Bush will still be in power.  This is risky: libreal Justices Brennan and Marshall decided against retiring during [[President of the United States of America|President]] Carter’s term, but then faced 12 long years of Republican control of the White House.  Old age forced Justices Brennan and Marshall reluctantly to retire in the meantime, during the first [[President of the United States of America|President]] Bush’s term, and their spots were filled by Justices Souter and Thomas.

[[President of the United States of America|President]] [[George W. Bush|Bush]] will likely complete his current term without picking a single [[U.S. Supreme Court|Supreme Court]] justice.  This is surprising because several vacancies were expected.  Chief Justice Rehnquist in particular, nearly 80 years old, was expected to step down so that a Republican [[President of the United States of America|president]] could choose his replacement.  It is possible that [[President of the United States of America|President]] [[George W. Bush|Bush]] talked him out of retiring in the hopes that Republicans will have greater power in the [[United States Senate|Senate]] after the 2004 elections, and that [[George W. Bush|Bush]] will still be in power.  This is risky: libreal Justices Brennan and Marshall decided against retiring during [[President of the United States of America|President]] Carter’s term, but then faced 12 long years of Republican control of the White House.  Old age forced Justices Brennan and Marshall reluctantly to retire in the meantime, during the first [[President of the United States of America|President]] [[George W. Bush|Bush’s]] term, and their spots were filled by Justices Souter and Thomas.

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]] 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]] 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?

'''V. Department of Justice'''

'''V. Department of Justice'''

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 liberals from the beginning.  The [[United States Senate|Senate]] delayed his confirmation and he won in a relatively close vote in early 2001, after 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 liberals 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.

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 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?

When a [[President of the United States of America|president]] is reelected after serving a full term, which happens about 50% of the time now, he then becomes a “lame duck.”  That means he loses power because everyone knows he is merely serving out his term and cannot be reelected again (due to the 22nd Amendment).  Still, an effective [[President of the United States of America|president]] can accomplish a great deal during his second term.  [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]], for example, dramatically cut taxes and made his successful demand that the communists tear down the Berlin Wall dividing communism from freedom in Germany.

When a [[President of the United States of America|president]] is reelected after serving a full term, which happens about 50% of the time now, he then becomes a “lame duck.”  That means he loses power because everyone knows he is merely serving out his term and cannot be reelected again (due to the 22nd Amendment).  Still, an effective [[President of the United States of America|president]] can accomplish a great deal during his second term.  [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]], for example, dramatically cut taxes and made his successful demand that the communists tear down the Berlin Wall dividing communism from freedom in Germany.

A [[President of the United States of America|president]] can be elected with less than 50% of the vote, as [[President of the United States of America|President]] Bush was.  But no [[President of the United States of America|president]] can be elected with less than 50% of the electoral college.  If no candidate can muster a majority of electoral votes, then the election is decided by the House of Representatives.  This occurred in the election of John Quincy Adams, and supporters of Andrew Jackson complained bitterly about the process.  Four years later, Jackson beat Adams in a landslide.  Can you find the constitutional provision dictating how the House of Representatives can choose the next [[President of the United States of America|president]]?

A [[President of the United States of America|president]] can be elected with less than 50% of the vote, as [[President of the United States of America|President]] [[George W. Bush|Bush]] was.  But no [[President of the United States of America|president]] can be elected with less than 50% of the electoral college.  If no candidate can muster a majority of electoral votes, then the election is decided by the House of Representatives.  This occurred in the election of John Quincy Adams, and supporters of Andrew Jackson complained bitterly about the process.  Four years later, Jackson beat Adams in a landslide.  Can you find the constitutional provision dictating how the House of Representatives can choose the next [[President of the United States of America|president]]?

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]] Bush beat Al Gore in 2000 even though Gore won the popular vote, because 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?