President/CourtI. Executive Office of the PresidencyII. Recent PresidentsIII. Democracy and the Courta. Marbury v. MadisonI. -EOP (executive office of president) - Congress institutionalizes power of the President, after congress willingly gives up power to Roosevelt, his job has increasedsubstantially.-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- sometimesused 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 FDR38. 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 membersof their parties did not want to run with them. When it came to Congress, neither one succeeded with Congress on getting what theywanted. 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 soit 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 powerof 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 unconstitutionalbecause 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
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