Exam 3 Review POLS 206 4 26 2015 Court Cases Marbury v Madison 1803 Who has the power of judicial review o Washington gave the power to himself o In 1803 the Supreme Court gave the power to themselves Background o Adams is president but he is a lame duck president the Federalists are no their way out The Democratic Republicans with Jefferson are on their way in o As Adams is leaving office he creates some new judicial appointments He plans to fill them with his own appointments o Fills out Midnight Appointments Midnight Appointments last ditch effort by Adams to put his appointments in place Marbury is supposed to receive his appointment John Marshall Secretary of State for Adams is supposed to deliver the appointment to Marbury o Marshall does not deliver the appointment Marbury does not get his appointment o Jefferson s administration comes in Jefferson decides he will not have Madison Secretary of State deliver the remaining appointments o Marbury sues for his appointment o He sues for a Writ of Mandamus He wants a piece of paper that tells somebody to do something He wants a Writ to tell Madison to deliver his appointment This is where the name comes from o This is an original jurisdiction case o Marbury uses part of the Judiciary act of 1789 to go straight to the Legislation Supreme Court Key to the whole case What the Court says o Marshall is a fan of power and does not want to diminish the power of the Supreme Court o Marshall gives the court the power of judicial review Marshall tells Marbury he thinks he deserves his appointment but I don t have the power to do it Marshall says Marbury should have started in a district court and not up here Marshall declares the Judicial Act of 1789 unconstitutional and original jurisdiction unconstitutional The Supreme Court can now decide the constitutionality of federal acts Only has the power of judicial review over federal acts Key Terms Divided government When one party controls the executive branch and the another party controls the legislative branch o We didn t always have divided government o But we have always had the possibility for it We could have done it in the very first election but it wasn t done that way because of how the ballots were written o When we have divided government there is a good chance nothing will get done creates gridlock o This makes us look chaotic o In parliamentary systems divided government is not possible Divided government is not possible Tend to have a maximum number of years they can go without an election o The norm is about 5 years o A parliament is elected and you can wait 5 years before you have to go vote again o They tend to have early elections The party in power can call an early election The executive branch makes the laws not Congress Parliamentary Systems Bicameral 2 branches of the legislative branch We are not unique in having a bicameral system Now we are unique that both houses of Congress have power o Typically the upper house is weaker in other systems Descriptive Representation Does Congress look like us the people o Yes a little bit Religion o No Congress is usually more Older More educated Wealthier Many white people Delegate Model of Representation The delegate should be doing what you want regardless of it that person agrees with what the people want This is more common today Trustee Model of Representation What Madison thought Looks like you hired somebody for the expertise They are there for their experience not necessarily to voice your opinion President Pro Tempore The Senate chooses a president pro tempore to proceed over the house when the vice president is not present Established in the constitution Mainly a ceremonial position o Decided by the longest seated senator of the majority party o Today Orin Hatch Speaker of the House Speaker of the House position was established in the constitution Chosen by members of the House The majority party is guaranteed to speakership In the House of Representatives the parties begin by caucusing o In these meetings the parties decide their leaders Only position the entire house votes on o It is a party line vote o The majority party will always win Because of the size of the House the speaker is very important o You will hear more about the House leadership than Senate leadership Party Vote The vote is based on party alliance The party with the majority will always win Party Whips In the House o Very important in the house o Think of as a communication system for the party o Counts votes o Look out for any members who might stand against the party vote the wrong way or give a strong speech o Similar to the House but not nearly as important o Because of the size of the House leadership and organization is In the Senate Party Leaders In the House important In the Senate o Have majority and minority leaders Chosen just like the House The parties will caucus o Majority Leader Mitch McConnell o Minority Leader Harry Reid To become a party leader you must be a good loyal party member o Party is your way to get a good committee o You have to show your loyalty Help out Vote how you re supposed to Congressional Committees How does Congress do their work o Committees Mater more in the House Work horses to get things done o In both the House and the Senate Size matters in the House A Committee on Committees o One for each party o Decides committee assignments o Comes down to seniority You need to put in time on low level committees 4 kinds of committees o Standing Committees These are the committees that deal with bills Do the bulk of the work Exist in each house Considered permanent Permanent means the House and or the Senate do not have to recreate standing committees at the start of each Congress Just translate into the next one You can change them but you don t have to Pretty stable o Joint Committee Exist in a few policies areas Usually one on taxation Not very many Have members from both the House and the Senate Fairly long lasting o Select Committees Created for a specific purpose Usually created to investigate something Temporary Narrowly focused o Conference Committees To reconcile House and Senate bills If a House and a Senate bill look different then the committee reconciles them Changes to Committees o Select committees have become more institutionalized Recreated standing committees Stand committees take on the entire institution o How Congress deal with issues changed Standing Committees They evolved These are the committees
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