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| | == Review == | | == Review == |
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| − | In our first three lectures we discussed our three branches of government at the federal (national) level, as authorized by the U.S. Constitution. Article I establishes the legislative branch (Congress), Article II authorizes the executive branch (the president), and Article III empowers the judicial branch (the courts). Which branch employs the most people? The executive branch 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 of each other, with almost no connection to 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. |
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| − | In this lecture we return to learn more about the executive branch, which is timely because our Nation will select the next president in the next four weeks. Nearly half the Nation may vote early, as allowed in many states, and by the evening of Election Day the winner will be announced. | + | 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. |
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| − | Mitt Romney was 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 the debate indicated that Romney received a four point "bounce" in the polls from 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 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. |
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| | 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. |
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| | These offices are not agencies, but are considered part of the president's own staff. | | These offices are not agencies, but are considered part of the president's own staff. |
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| | + | == Executive Orders == |
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| | + | 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. |
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| | + | 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." |
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| | + | 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. |
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| | == Federal Agencies == | | == Federal Agencies == |
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| | During a Republican presidential debate earlier this year, Texas Governor Rick Perry famously declared that he would eliminate three entire federal agencies if elected president. But after saying that, Governor Perry could name only two out of the three, and am embarrassing pause ensued. Whether this inability was due to forgetfulness or a lack of familiarity with the federal agencies, it did not help his ability to win the Republican nomination. Perry pulled out of the race entirely a few weeks later. | | During a Republican presidential debate earlier this year, Texas Governor Rick Perry famously declared that he would eliminate three entire federal agencies if elected president. But after saying that, Governor Perry could name only two out of the three, and am embarrassing pause ensued. Whether this inability was due to forgetfulness or a lack of familiarity with the federal agencies, it did not help his ability to win the Republican nomination. Perry pulled out of the race entirely a few weeks later. |
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| | + | Several of the agencies below exert their power over Americans by imposing regulations, or rules, on what Americans can do. Such regulations are adopted pursuant to a "notice and comment" procedure that first gives notice to the public of the proposed regulation, and accepts comments by the public on them. After receiving the comments, the agency then typically promulgates a final regulation that has the force of law, even though it was never passed by Congress. Some people, particularly in the Tea Party movement, question whether this is even constitutional, but it has been done for more than a century and is not likely to invalidated by the courts, as long as the regulations can cite some basis in a law passed by Congress. The growing field of law that deals with regulations by agency is "administrative law," and thousands of attorneys have successful practices working on these issues. |
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| | Here are the major federal agencies under the direction of the president: | | Here are the major federal agencies under the direction of the president: |
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| | Perhaps the most famous Secretary of State in American history was William Jennings Bryan, who resigned from his position in protest about how Woodrow Wilson was pushing the United States into World War I. About ten years later Bryan, who was a skilled attorney and orator, won the Scopes Trial to prohibit the teaching in Tennessee of the theory of human evolution. | | Perhaps the most famous Secretary of State in American history was William Jennings Bryan, who resigned from his position in protest about how Woodrow Wilson was pushing the United States into World War I. About ten years later Bryan, who was a skilled attorney and orator, won the Scopes Trial to prohibit the teaching in Tennessee of the theory of human evolution. |
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| | + | There are thousands of employees in the State Department to research and analyze what is going on around the world, in order to inform the Secretary of State, who can then then give advice to the president. People who are skilled at foreign languages and knowledgeable about foreign cultures and government are wanted as employees by the State Department. Many State Department employees work in D.C., but some would also work at the United Nations, based in Manhattan, and in embassies around the world. Georgetown University, located in D.C., is a college that has a program specializing in training future diplomats and employees of the State Department. |
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| | === Defense Department === | | === Defense Department === |
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| − | The Defense Department, or "Department of Defense," was formerly known as the "Department of War." It handles military conflicts. The entire Armed Forces -- Army, Navy, Air Force and Marines -- are in the Executive Branch. Their commander-in-chief is the president, and the leader of their department is the Secretary of Defense. | + | The Defense Department, or "Department of Defense," was formerly known as the "Department of War." It handles military conflicts. The entire Armed Forces -- Army, Navy, Air Force and Marines -- are in the Executive Branch. Their commander-in-chief is the president, and the Secretary of Defense advises the president on issues relating to the Armed Forces and the use of military force. |
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| − | The Defense Department is in charge of <>
| + | Employees of the Defense Department tend to be veterans of the Armed Forces. As technology becomes an increasingly important part of military superiority, engineers and experts at computers or mathematics are also needed by the Defense Department. |
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| | + | Its headquarters is the Pentagon building in D.C., a five-sided structure famous for its unusual shape. |
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| | === Department of Justice === | | === Department of Justice === |
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| − | 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. | + | The Department of Justice (DOJ) is responsible for handling all prosecutions and litigation on behalf of the federal government. Lawyers are the employees of the DOJ. |
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| − | 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 prosecuted Martha Stewart.
| + | Originally, the federal government prosecuted very few crimes. Treason was one. Counterfeiting was another. But today, 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 prosecuted Martha Stewart. |
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| − | Unlike state prosecutors, federal prosecutors are not elected. They work under the Attorney General, who is appointed by the 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 has to be defeated to change the Department of Justice, and presidential elections are typically determined by economic rather than legal issues.
| + | The DOJ also handles thousands of civil (non-criminal) cases each year. For example, it was DOJ that attempted to break up Microsoft’s monopoly. |
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| − | After 9/11, the George W. Bush Administration (the executive branch while George W. Bush was president) sought and achieved new powers to target criminals under the Patriot Act. While nearly everyone favors catching and prosecuting real terrorists, many opposed 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.
| + | Unlike state prosecutors, federal prosecutors are not elected. They work under the Attorney General, who is appointed by the president. Federal prosecutors are called U.S. Attorneys and Assistant U.S. Attorneys, while 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. This check and balance does not exist for federal prosecutions, and many (such has Ron Paul) have been critical of the vast expansion in federal prosecutions. |
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| − | 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,” and many criticized this expansion in federal power.
| + | After 9/11, the George W. Bush Administration (the executive branch while George W. Bush was president) sought and achieved new powers to target criminals under the broad Patriot Act. While nearly everyone favors catching and prosecuting real terrorists, many people (including Ron Paul) opposed the loss of liberty in the War on Terrorism. After all, some point out, it is liberty that we are defending against terrorism in the first place. |
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| | + | One of the disputes revolved 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,” and many criticized this expansion in federal power. |
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| | === Environmental Protection Agency === | | === Environmental Protection Agency === |
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| | + | The Environmental Protection Agency, often called the "EPA" for short, was established only about 40 years ago but has quickly grew to become one of the most powerful. Its original purpose was to reduce pollution, and it issued regulations to enforce laws such as the Clean Water Act. The EPA has been credited for reducing the smog in many large cities, which was a major problem in certain areas of the Nation (such as Los Angeles) in the 1970s. |
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| | + | But the EPA has since gone far beyond trying to clean air and water. The EPA limits what people can do on their own land, to the point where it is sometimes a federal crime to chop down a tree or remove some water from private property. The reach of the EPA extends into private property without any real connection to interstate commerce, and several decisions by the U.S. Supreme Court in recent years have held in favor of private property owners against burdensome EPA regulations. |
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| | + | The EPA is now central to the "global warming" debate. <>regulations to limit the pollution that companies can generate. |
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| | === Department of Health and Human Services === | | === Department of Health and Human Services === |
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| | + | The Department of Health and Human Services (HHS) controls a massive amount of money, because it administers the Medicare system to pay for medical care by people who are 65 years and older. This agency is also one of the most controversial, because its policies affect the taxpayer funding of abortion, and whether abortion is performed in government-owned hospitals. |
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| | + | The Patient Protection and Affordable Care Act (PPACA), more commonly known as "ObamaCare", authorized HHS to develop and impose vast amounts of regulations for health care. Under this law, HHS could establish the notorious "death panels" criticized by Sarah Palin for their ability to refuse to allow medical care for some elderly individuals. |
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| | === Department of Labor === | | === Department of Labor === |
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| | A unique clause in the U.S. Constitution | | A unique clause in the U.S. Constitution |
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| − | === Federal Trade Commission === | + | ==== Copyright Office ==== |
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| | + | ==== Security and Exchange Commission ==== |
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| | + | ==== Federal Trade Commission ==== |
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