Changes

<under development, should be complete by Sept. 27>

<br>Fourth Lecture – President

==I. Introduction==

<br>I. Review

The [[President of the United States of America|president]] is in the news more than any other [[politician]].  This is true regardless of what he does, or how important he is.  It requires only one [[reporter]] and one news camera to air a story about the [[President of the United States of America|president]].  Often, the [[reporter]] simply stands in front of the [[White House]] and merely talks into the camera.

'''I. Introduction'''

The [[President of the United States of America|president]] is not a [[king]].  His [[power]]s are limited and enumerated.  He lacks a special title, and is called simply “Mr. [[President of the United States of America|President]].” Under the [[Twenty-Second Amendment|22nd Amendment]], the [[President of the United States of America|president]] may not be [[election|elected]] more than two terms.  In the past 40 [[year]]s, only two [[President of the United States of America|president]]s have even served two full terms ([[Ronald Wilson Reagan|Reagan]] and [[Bill Clinton|Clinton]]).

The president is in the news more than any other politician.  This is true regardless of what he does, or how important he is.  It requires only one reporter and one news camera to air a story about the president.  Often, the reporter simply stands in front of the White House and merely talks into the camera.

The [[President of the United States of America|president]] always, however, has enormous [[politics|political]] influence.  He is the leader of his own political [[party]], which nominates him.  Everything he does affects the positions and fortunes of his [[party]].  If his [[party]] is in control of [[Congress]], then he exerts enormous influence over [[Congress]].  If the opposing political [[party]] controls [[Congress]], then it devotes its time to opposing his policies as much as possible.  Either way, the [[President of the United States of America|president]] controls the [[political agenda]].

The president is not a king.  His powers are limited and enumerated.  He lacks a special title, and is called simply “Mr. President.” Under the 22nd Amendment, the president may not be elected more than two terms.  In the past 40 years, only two presidents have even served two full terms (Reagan and Clinton).

Beyond [[politics]], [[historian]]s debate how much influence a [[President of the United States of America|president]] really has over the [[United States of America|country]].  But the [[President of the United States of America|president]] is held responsible regardless of whether he is at fault.  When [[Iran]]ian students captured the U.S. Embassy in 1979 and held [[America]]n diplomats hostage for a [[year]], [[President of the United States of America|President]] [[Jimmy Carter]] was held responsible.  Was it his fault? [[vote]]rs are going to hold him accountable whether he was at fault or not.

The president always, however, has enormous political influence.  He is the leader of his own political party, which nominates him..  Everything he does affects the positions and fortunes of his party.  If his party is in control of Congress, then he exerts enormous influence over Congress.  If the opposing political party controls Congress, then it devotes its time to opposing his policies as much as possible. Either way, the president controls the political agenda.

[[Economist]]s say that the outcome of every [[president]]ial [[election]] can be predicted by how well the [[economy]] is doing on [[Election]] Day.  Can the [[President of the United States of America|president]] control the [[economy]]?  Not completely, but he can have an influence.  [[Vote]]rs will reelect him if the [[economy]] is doing well, and elect someone else if it is doing poorly.

Beyond politics, historians debate how much influence a president really has over the country.  But the president is held responsible regardless of whether he is at fault.  When Iranian students captured the U.S. Embassy in 1979 and held American diplomats hostage for a year, President Jimmy Carter was held responsible.  Was it his fault?  Probably not.  But voters are going to hold him accountable.

The [[President of the United States of America|president]] does have the [[power]] to make appointments, particularly to the [[judiciary]].  He nominates new [[judge]]s, especially those needed to fill vacancies on the [[U.S. Supreme Court|Supreme Court]]. These [[judge]]s can serve for the rest of their lives, and thus can hold [[power]] for over 30 [[year]]s or more.  [[President of the United States of America|President]] [[Lyndon B. Johnson|Lyndon Johnson]] left office 35 [[year]]s ago, yet one of his appointed [[judge]]s wrote the decision in one of my cases last year (U.S. v. Dr. Sell).  [[Chief Justice of the United States of America|Chief Justice]] [[William Rehnquist|Rehnquist]] was appointed by [[President of the United States of America|President]] [[Richard Nixon]], and he served more than 30 [[year]]s on the [[U.S. Supreme Court|Supreme Court]] before [[President]] [[George W. Bush]] filled his vacancy when [[William Rehnquist|Rehnquist]] died in office in 2005.

Economists say that the outcome of every presidential election can be predicted by how well the economy is doing on Election Day.  Can the president control the economy? Not completely, but he can have an influence.  Voters will reelect him if the economy is doing well, and elect someone else if it is doing poorly.

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 [[military|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 [[bomb]]ing runs in [[Vietnam]]. [[President of the United States of America|President]] [[Lincoln]] was hiring, firing, and ordering [[general]]s during the [[Civil War]].

The president does have the power to make appointments, particularly to the judiciary.  He nominates new judges, especially those needed to fill vacancies on the Supreme Court.  These judges can serve for the rest of their lives, and thus can hold power for over 30 years or more.  President Lyndon Johnson left office 35 years ago, yet one of his appointed judges wrote the decision in one of my cases last year (U.S. v. Dr. Sell).  Chief Justice Rehnquist was appointed by President Richard Nixon over 30 years ago, and still sits on the Supreme Court.

More generally, the [[President of the United States of America|president]] is responsible for all foreign policy.  He appoints the [[ambassador]]s, and decides what [[treaty|treaties]] to negotiate and sign.  But 2/3rd approval by the [[United States Senate|Senate]] is required for any [[treaty]] to become [[law]].  The [[NAFTA|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 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 assumes the day-to-day responsibility for conducting that war.  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 of the United States of America|president]] also has [[legislative]] [[authority]] in signing or [[veto]]ing 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]] for violating [[separation of powers]].

More generally, 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 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).

==II. Appointment [[Power]]==

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.

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 [[year]]s, but a [[U.S. Supreme Court|Supreme Court]] justice can serve 35 [[year]]s or more.

'''II. Appointment Power'''

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]] [[Jimmy Carter |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 [[Justice]]s [[Sandra Day O'Connor]] , [[Antonin Scalia|Scalia]] and [[Anthony Kennedy|Kennedy]].  Instead of [[Justice]] [[Anthony Kennedy|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]] [[William Rehnquist]] to become [[Chief Justice of the United States of America|Chief Justice]] when [[Chief Justice of the United States of America|Chief Justice]] [[Warren Burger]] retired, and that promotion was approved by the [[United States Senate|Senate]] after some heated [[debate]].

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

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 [[senator]]s felt [[Robert Bork|Bork]] was too [[conservative]], and the attacks and ultimate rejection of his nomination became known as “Borking” a [[president]]ial pick.  He later wrote a popular [[book]] describing the politicization of the [[judiciary]].

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

[[President of the United States of America|President]] [[George W. Bush|Bush]] completed his first term without picking a single [[U.S. Supreme Court|Supreme Court]] [[justice]].  That was surprising because several vacancies were expected.  [[Chief Justice of the United States of America|Chief Justice]] [[Rehnquist]] in particular, nearly 80 [[year]]s old, was expected to step down so that a [[Republican Party|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 [[Republican Party|Republican]]s will have greater [[power]] in the [[United States Senate|Senate]] after the [[United States presidential election, 2004|2004 elections]], and that [[George W. Bush|Bush]] will still be in [[power]].  This is risky: [[liberal]] Justices [[William Brennan |Brennan]] and [[Thurgood Marshall|Marshall]] decided against retiring during [[President of the United States of America|President]] [[Jimmy Carter|Carter’s]] term, but then faced 12 long [[year]]s of [[Republican Party|Republican]] control of the [[White House]].  Old age forced [[Justice]]s [[William Brennan |Brennan]] and [[Thurgood Marshall|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 [[Justice]]s [[David Souter|Souter]] and [[Clarence Thomas|Thomas]].

The Senate’s defeat of Reagan’s nomination of Robert Bork to the 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.

But if that was the calculated [[gambling|gamble]], it paid off.  [[President of the United States of America|President]] [[George W. Bush]] was reelected, and then had the opportunity to fill two vacancies in his second term, including a vacancy resulting from the [[death]] of [[Chief Justice]] [[William Rehnquist]].  By all accounts, both of [[President of the United States of America|President]] [[George W. Bush|Bush]]'s appointments to the [[U.S. Supreme Court]] were [[conservative]]:  [[John Roberts]], who became the [[Chief Justice]] in replacing [[William Rehnquist]], and [[Sam Alito]], who replaced [[Justice]] [[Sandra Day O'Connor]] after she retired.

President Bush will likely complete his current term without picking a single 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 could choose his replacement.  It is possible that President Bush talked him out of retiring in the hopes that Republicans will have greater power in the 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 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 Bush’s term, and their spots were filled by Justices Souter and Thomas.

==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 [[powers of ten|thousands]] of positions in the numerous [[federal]] agencies.  [[United States Senate|Senate]] approval is required only for a few top positions, such as the [[United States Cabinet|Cabinet]] officials who directly advise the [[President of the United States of America|president]].

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

When [[George Washington]] was [[President of the United States of America|president]], there were only three [[United States Cabinet|Cabinet]] officials: [[United States Secretary of State |State]], [[United States Secretary of War|War]] (now Defense), and [[United States Secretary of the Treasury|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 [[United States Cabinet|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 [[governor]]s.

When George Washington was 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 Bush has 15 Cabinet officials.  Senate confirmation was required for all of them.  Typically the president fills these positions with members of his own party, often those who were recently defeated for Senate, or former governors.

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

==IV. Foreign Policy==

'''IV. Foreign Policy'''

Historically, the [[State]] Department has been the most important agency in the [[Executive Branch]], and the [[Secretary of State]] has been the most important [[United States Cabinet|Cabinet]] official.  Many of our [[President of the United States of America|president]]s first served as [[Secretary of State]] under an earlier [[President of the United States of America|president]].

Historically, the State Department has been the most important agency in the Executive Branch, and the Secretary of State has been the most important Cabinet official.  Many of our presidents first served as Secretary of State under an earlier president.

[[Thomas Jefferson]] first served as [[Secretary of State]] under [[President of the United States of America|President]] [[Washington]].  [[James Madison]] served as Secretary of State under [[President of the United States of America|President]] [[Thomas Jefferson]].  [[James Monroe]] served under [[President of the United States of America|President]] Madison.  [[John Quincy Adams]] did likewise under [[President of the United States of America|President]] [[James Monroe]].  And so on.

Thomas Jefferson first served as Secretary of State under President Washington.  James Madison served as Secretary of State under President Jefferson.  James Monroe served under President Madison.  John Quincy Adams did likewise under President Monroe.  And so on.

Who is [[Secretary of State]] today?  ([[Condeleezza Rice]]).

Who is Secretary of State today?  (Colin Powell).

Dealing with foreign [[country|countries]] is a primary responsibility of the [[President of the United States of America|President]].  The [[Secretary of State]] advises him on this.  When conflicts arise, such as the [[war]] in [[Iraq]], the [[Secretary of Defense]] advises the [[President of the United States of America|president]] on the military decisions.  Currently, the [[Secretary of Defense]] is [[Donald Rumsfeld]].

Dealing with foreign countries is a primary responsibility of the President.  The Secretary of State advises him on this.  When conflicts arise, such as the war in Iraq, the Secretary of Defense advises the president on the military decisions.  Currently, the Secretary of Defense is Donald Rumsfeld.

Often the [[President of the United States of America|president]] makes trips to foreign [[country|countries]] to improve our relations with them.  Usually those trips boost his popularity at home.  [[Business]]es seek to promote good relations with foreign [[country|countries]] in order to increase [[trade]] and [[commerce]].

Often the president makes trips to foreign countries to improve our relations with them.  Usually those trips boost his popularity at home.  Businesses seek to promote good relations with foreign countries in order to increase trade and commerce.

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

The 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 [[lawsuit]]s.  The [[Department of Education]] hears complaints about violation of [[federal]] [[law]] in [[public school]]s; 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.

==V. Department of Justice==

'''V. Department of Justice'''

Much attention these days is focused on the fourth oldest department: the [[Department of Justice]].  Its original head under the [[Bush Administration]], 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 liberals from the beginning.  The Senate delayed his confirmation and he won in a relatively close vote in early 2001, after Bush became president and appointed him.

The [[Department of Justice]] is responsible for handling all [[prosecution]]s and litigation for the [[federal]] [[government]].  Originally, the [[federal]] [[government]] prosecuted very few [[crime]]s.  [[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 [[crime]]s in all areas of life.  [[Fraud]].  Accounting deception.  [[Monopoly|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]] [[crime]]s.  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]] [[prosecutor]]s, [[federal]] [[prosecutor]]s 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. Attorney (or federal prosecutor)|U.S. Attorney]]s or assistant [[U.S. Attorney (or federal prosecutor)|U.S. Attorney]]s.  [[State]] [[prosecutors]] are called [[District attorney|District Attorney]]s.  The top [[state]] [[prosecutor]]s 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 [[president]]ial [[election]]s are typically determined by [[economic]] rather than legal [[issue]]s.

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.

Many are criticizing Attorney General [[John Ashcroft|Ashcroft]] for expanding [[federal]] [[power]] in investigating and prosecuting alleged [[terrorists]].  After [[September 11, 2001 attacks|9/11]], the [[George W. Bush|Bush Administration]] sought and achieved new [[power]]s to target [[criminal]]s under the [[Patriot Act]].  While all are in favor of catching and prosecuting real [[terrorist]]s, 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 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 [[terrorist]]s.  No longer must a local [[judge]] issue a [[warrant]] based on a detailed [[affidavit]] of [[probable cause]] prior to searches of alleged [[terrorist]]s, 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 [[September 11, 2001 attacks|9/11]], people wanted to give up some freedoms in this area to stop [[terrorism]], but now over two [[year]]s 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?

==VI. [[Election]]s==

'''VI. Elections'''

[[President of the United States of America|President]] [[Harry S Truman]] would say, “The buck stops here.”  The [[President of the United States of America|president]] is accountable for all that he does, and all that the [[Executive Branch]] does while he is in charge.  The re[[election]] or defeat of the [[President of the United States of America|president]] after his first term will depend not only on what he does, but also on everything else that happens under his “watch”.

President Harry S Truman would say, “The buck stops here.”  The president is accountable for all that he does, and all that the Executive Branch does while he is in charge.  The reelection or defeat of the president after his first term will depend not only on what he does, but also on everything else that happens under his “watch”.

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 session|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 [[tax]]es and made his successful demand that the [[communism|communists]] tear down the [[Berlin Wall]] dividing [[communism]] from [[freedom]] in [[Germany]].

When a 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 can accomplish a great deal during his second term.  President 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 [[election|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 [[vote]]s, 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, [[Andrew Jackson|Jackson]] beat [[John Quincy Adams|Adams]] in a landslide.  Can you find the [[constitution]]al provision dictating how the [[House of Representatives]] can choose the next [[President of the United States of America|president]]?

A president can be elected with less than 50% of the vote, as President Bush was.  But no 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?

"Audit the Fed" and independent agencies.

1.

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