President Court I II III Executive Office of the Presidency Recent Presidents Democracy and the Court a Marbury v Madison I EOP executive office of president Congress institutionalizes power of the President after congress willingly gives up power to Roosevelt his job has increased substantially Congress makes committee to investigate organization of Executive branch committee writes report Brown Low Report it specifically says President needs help He needs to figures out how to organize these new powers and lower executive agencies Through the committee Congress creates and organizes EOP EOP is where the President can centralize his power so these agencies can help him go into departments White house office White house staff President s personal bureaucracy You ll find President s chief of staff here most important people in executive branch sometimes used as a gate keeper With FDR his presidency was called heroic presidency 36 Lyndon B Johnson 1963 1969 37 Richard M Nixon 1969 1974 Called imperial presidents presidents who want to be powerful and want to be the player in our system but they ran without the American people and ran without Congress Johnson example he escalated the Vietnam War without control of Congress The imperial presidents want to be FDR 38 Gerald Ford 1974 1977 39 Jimmy Carter 1977 1981 Beginning of the no wind presidency Also called imperiled presidents No mandates and no coattails were not seen as strong party leaders so other members of their parties did not want to run with them When it came to Congress neither one succeeded with Congress on getting what they wanted They are weak and imperiled Still have more power than the 1937 presidents although they are weak 40 Ronald Reagan 1981 1989 Sometimes has elements of no wind president but sometimes has elements of an imperial president He gets into office and it looks like he is going to be weak but gets tax cuts passed so it looks like he can work with Congress His support quickly fades so he looks more imperiled and no wind than powerful By the end of his second year a majority of the American people say he should not run for a second term By the end of his second term he looks like an imperial president He s taking more power 41 George H W Bush 1989 1993 42 Bill Clinton 1993 2001 No coattails but party is hurt Presidential approval tends to follow rallying effects Pick and issue and try to rally American people around it to get us on board and increase their approval ratings Works better when it is international like foreign policy We rally together if we have a common enemy If their approval ratings are higher congress has a hard time taking power from them If Congress has a lot of power the president is trying to compete with it In order for Presidents to be powerful they are competing against Congress Supreme Court go back to Founding and the Constitution running did not sit in DC and have the cases come to it Supreme Court rode circuit People didn t envy you they thought you were crazy You had to pay your own way and slept in terrible conditions Each justice had to ride circuit to specific justice courts There is a guy who loses case so he tries to kill Supreme Court justice of Supreme Court but he fails So congress decides in 1890 to create Federal Courts of Appeal Appeals Court Constitution is vague when it comes to the courts We have 1 supreme court can t tell us how many justices can sit on Supreme Court Congress organizes the federal court Congress in the judiciary act of 1789 creates the federal district courts Federal judges will have lifetime tenure Have to have good behavior can be impeached Also important the judiciary act stipulates jurisdiction and it makes a distinction You have original jurisdiction in those cases they go directly to Supreme Court Also have appellate jurisdiction those cases are appealed up to the Supreme Court they don t start there JA of 1789 lays out which cases have original jurisdiction and appellate jurisdiction to the supreme court JA creates federal district courts Congress needs to be clear which cases go to the Supreme Court and which ones don t the don t ones start in district courts and move up Supreme court unelected with lifetime tenure democratic institution Congress is a democratic institution president is a democratic institution through Electoral College Alexander Hamilton wrote a Fed Paper in offense of the Judicial Branch Fed Papers written before ratification to get people on board to support Constitution Fed 78 by Hamilton most important for judicial branch He argues that the Supreme Court judicial branch is important because it is a check on the excess power of Congress Lifetime tenure is necessary to know that the Supreme Court will be independent from the political fray and partisanship Hold Congress responsible without worrying about being thrown out of office The judiciary branch is the least dangerous branch Hamilton Points out that judicial branch doesn t have power of the 2 military or money Has no force or will only judgment Can decide things Fed 78 Hamilton makes an argument that is not in the Constitution He is putting forth his own opinion He talks about how the Constitution is the fundamental law As the fundamental law no acts by Congress should go against it If the act by congress is against the fundamental law then the law is unconstitutional because it doesn t abide by the constitution He says the Supreme Court should have the power to decide the constitutionality of the congressional acts Called Judicial Review review congressional acts Who ends up with the power of the constitutionality The Supreme Court Through a court case that it gives themselves this power Marbury v Madison 1803 Adams Jefferson At end of Adams term and about to inaugurate Jefferson Adams makes midnight appointments some appointments are for justice of the peace appointments His secretary of state is supposed to deliver them John Marshall sec John Marshall becomes chief justice of the supreme court Marbury is supposed to receive justice of the peace appointments and Marshall does not deliver them to him Adams administration ends and Jefferson takes office His secretary of state is Madison They find the appointments and they say they aren t going to deliver them Why would Jefferson want to put into office supporters of Adams He wants to put in his own people At this point Marbury sues He takes his case to the Supreme Court where he asks the court to issue a
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