On The Interactions Between Branches of Government: A Coherent Analysi

Branches of Government

Interactions Between

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Table of Contents

1. Evolution of Congress

2. Enumerated vs. Implied

3. House v. Senate

4. Types of Spending

5. Log & Pork Barrel Legislation

6. Roles/Effects

7. War Powers Act

8. Executive Order 555

9. Executive Order 9066

11. Marbury v. Madison

12. Baker v. Carr

13. Shaw v. Reno

14. U.S v. Nixon

15. Thanks for listening!

10. Biden Loan Policy

The Evolution of Congressional Power

Section 1

Evolution of Congress Part I Timeline

1789

The Consitutional Convention resulted in the creation of Congress.

1803

Marbury v. Madison gave SCOTUS the power of judicial review.

1913

The 17th Amendment allowed for direct election of Senators.

1910

The "Canon" Revolt resulted in a more decentralized House.

Evolution of Congress Part II

1933

The New Deal expanded Congress's role in welfare, infrastructure, and more.

1946

The Legislative Reorganization Act made Congress more efficient.

1974

The Congressional Budget and Impoundment Control Act reinforced Congressional power over federal budget and spending.

2010

The Affordable Care Act increased Congress's role in addressing social welfare issues.

Implied Powers

Vs...

• Powers of Congress explicitly listed in the Constitution, primarily found in Article I, Section 8.
• Congress’s power to regulate interstate commerce, coin money, declare war, raise and support armies, and establish post offices.
• Since they are specifically listed, enumerated powers provide clear and defined authority to Congress and the federal government.
• An example of enumerated powers is Congress’s power to levy and collect taxes.

Enumerated Powers

• These are powers not explicitly stated in the Constitution but inferred from the enumerated powers.
• Derived from the Necessary and Proper Clause in Article I, Section 8, which gives Congress the authority to make all laws “necessary and proper” for executing its enumerated powers.
• Examples: The establishment of the National Bank (McCulloch v. Maryland, 1819) or the regulation of air travel. Transportation Security Agency
• Implied powers allow the government to adapt to new situations giving the Constitution flexibility to remain relevant.

The Senate

Vs...

• Majoritarian, fast-paced, partisan
• Elected by the people & proportional to state populations
• 2-year term
• Presiding Officer is the Speaker of the House
• 435 members
• Bills designed to raise revenue must originate in the House

The House

• Deliberative, slower, and more conducive to individual influence and minority party participation; less formal (filibusting)
• Elected by the people (Post-17th Amendment)
• 6-year term
• Presiding Officer is the Vice President
• 100 members
• Ratify treaties & approve appointments in the executive and judicial branches

Mandatory vs. Discretionary Spending

This graph indicates the proportion of federal budget spending, which includes mandatory, discretionary, and mixed spending.

Federal Budget Spending

How much money is being spent (in a very general way).

60%

Goes to mandatory spending.

30%

Goes to discretionary spending.

10%

Goes to, well, both.

Pork Barrel Legislation

• Logrolling involves legislators agreeing to vote for each other’s bills to secure mutual benefits, leading to the passage of legislation that may not have broad support.
• This practice fosters cooperation but can prioritize short-term political gains over long-term policy considerations.

Log Rolling Legislation

• Pork-barrel legislation focuses on lawmakers securing funding for local projects, often to benefit their own districts.
• While it helps politicians gain voter support, it can lead to inefficient spending and a focus on local rather than national interests.

Gerrymandering

Manipulating districts for political advantage.

Roles / Effects

Partisanship

Strong loyalty to a political party.

Divided Government

One party holds the presidency and the other hold a majority in 1+ chambers in Congress.

Gridlock

Legislative stalemate halting government action.

Redistricting

Redrawing electoral district boundaries.

War Powers ACT (1973)

• The War Powers Act of 1973 was Congress’s effort to reassert its constitutional authority over military decisions, limiting the president’s ability to engage in armed conflicts without congressional approval.
• It requires the president to notify Congress within 48 hours of military action and mandates withdrawal of forces after 60 days unless Congress authorizes continued involvement.

Executive Orders and Limits

Section 2

Sorry, Congress!

But what about my power to veto?

It's going to work like this...

Formal:

1. By expanding the federal education fund and reworking the budget to accommodate teacher salary increases, I am exercising my formal role in setting the federal budget.
2. This will require congressional approval for the reallocation of resources and any proposed tax increases, meaning I am indirectly leveraging my formal power to propose fiscal policy.

1. I am using my "bully pulpit" power to use my platform to sway public opinion and, by extension, influence the legislative agenda.

How am I using my Presidential Powers?

"As President, I issue Executive Order 555, effectively raising the minimum salary for teachers to $60,000.

-President Justin Uthuppu

Executive order 9066

Formal PowersRoosevelt's formal powers allowed him to take military actions for national security. Informal PowersThe order exercised informal powers in the form of implied powers, as Roosevelt used powers not granted directly in the Constitution.

Biden Student Loan Policy

Challenge:

The Supreme Court’s Role in Checks and Balances

Section 3

Marbury v. Madison

• Context: William Marbury, appointed as a justice by outgoing President John Adams, sued Secretary of State James Madison for failing to deliver his commission.
• Decision: S.C.O.T.U.S, under Chief Justice John Marhsall, ruled that they cannot order a writ of mandamus because the section of the Judiciary Act of 1789 that granted this was unconstitutional.
• Impact: Established the principle of judicial review, empowering the Court to declare laws passed by Congress and actions by the executive branch unconstitutional.

Baker v. Carr

• Context: Charles Baker sued Secretary of State Joe Carr for neglecting to redistrict legislative districts in response to population shifts from rural to urban districts.
• Decision: S.C.O.T.U.S ruled that federal courts had jurisdiction over issues of legislative apportionment and that such cases were jurisdicable under the Equal Protection Clause.
• Impact: This case reinforced the Court's ability to intervene in state political processes, ensurnig that the Congressional and state legislative districts must reflect the principle of "one power, one vote". It checked the state legislatures' power by mandating more equitable and representative districting, reinforcing the judiciary's role in protecting constitutional rights in political representation.

Shaw v. Reno

• Context: This case arose from a redistricting plan in North Carolina, where a majority-minority district was created in a bizarrely shaped, sprawling configuration designed to ensure African-American representation.
• Decision: S.C.O.T.U.S ruled that redistricting solely on race must be held to a strict scrutiny standard under the Equal Protection Clause. The Court sent the case back to lower courts for further review.
• Impact: Shaw v. Reno reinforced the Court's authority to check the legislative branch, particularly in ensuring that racial gerrymandering does not isolate constitutional protections. It ensured that Congress and state legislatures adhere to constitutional principles when drawing district lines.

U.S v. Nixon

• Context: In 1972, operatives connected to Nixon's re-election campaign were caught breaking into the Democratic National Committee HQ at Watergate. It was revealed that Nixon had installed a secret recording system in the White House. Consequently, special prosecutor Archibald Cox subpoenaed the tapes to use as evidence in the trial, but Nixon refused to hand them over, citing executive privilege (a principle allowing the President to withhold information that could risk national security).
• Decision: S.C.O.T.U.S ruled that executive privilege is not absolute, particularly in the face of a criminal investigation. The Court ordered Nixon to hand over the tapes, stating that the "generalized interest in confidentiality" of presidential communications must yield to the "demands of due process of law in the fair adminstration of justice."
• Impact: U.S v. Nixon limited presidential power by reaffirming that executive privilege cannot be used as a blanket shield against criminal investigation. It reinforced the principle of separation of powers, ensuring that the judiciary can check the executive branch and that the President is bound by the rule of law.

What is discretionary spending?

Discretionary spending is spending that must be approved annually by Congress through the appropriations process.

Advocacy/Public Engagement

Negotiation with Congress

Executive Order

Consultation

Drafting Policy Proposal

Research & Analysis

Presidential Policy Initiative

Stuff to know about partisanship:

• Been on the rise recently
• Heavily influences judicial appointments since presidents nominate judges who are beneficial to them
• Shapes public opinion
• Partisan gerrymandering further exacerbates division and limits competition

Why am I sorry?

By issuing an executive order, I'm forcing Congress to react. They may have had other priorities—such as infrastructure, healthcare, or defense—that they now need to put aside so they can respond to my executive action.

What is mandatory spending?

Mandatory spending is spending required by law that doesn't require annual approval from Congress.

This might happen...

My power to veto is useful, but sometimes, it can be bad. Here are two examples:

1. Partisan Divide
1. If there were ideological differences, or Congress was controlled by an opposing party-divided government- then Congress may pass bills that hinder the execution of my order, and I were to veto, they would override it. This would result in a deadlock.
2. State Autonomy vs. Federal Control
1. Some members of Congress (especially those favoring states' rights) may pass legislation to restrict federal intervention in education, leading me to veto; this would create an ongoing battle between the federal government and the states.

Redistricting can be bad...

Redistricting has significant and far-reaching effects on political representation, election outcomes and policymaking. Some of these include:

• Decrease election competitiveness (if the redistricting clearly benefits one party)
• Supress minor party influence

What's so bad about gerrymandering?

Gerrymandering can create situations where states with a majority that vote Republican can actually end up Democratic, which reduces political efficacy for gerrymandered districts, which look like this:

How did S.C.O.T.U.S deal with later cases?

In the case of Korematsu v. U.S, S.C.O.T.U.S ruled in favor of the United States, declaring that "military necessity" due to the fear of Japanese invasion and sabotage outweighed Korematsu's constitutional rights.

Watch out!

The remaining 10% can be allocated to either mandatory or discretionary spending.

What happens?

• Significant delays in critical legislation, including budget approvals and emergency funding, impacting government operations.

• Public dissatisfaction, which can result in lower approval ratings for Congress and increased calls for reform.
• During times of gridlock, lawmakers may resort to temporary measures, such as continuing resolutions, to keep the government funded.

The effects...

• Legislative gridlock
• Increased use of veto power

• More executive orders
• Intensified oversight and investigations
• Policy reversals
• Delays in passing budgets
• Delays in confirming judicial/executive appointments