Legislative Branch, Executive Branch

 For next time:

• Hamilton, Federalist # 70, 71, 73
• Tocqueville, pp. 121-138, 690-695
• TR, Taft, and Wilson on the presidency.

Federalist 57:

The House of Representatives is so constituted as to support in the members an habitual recollection of their dependence on the people. Before the sentiments impressed on their minds by the mode of their elevation can be effaced by the exercise of power, they will be compelled to anticipate the moment when their power is to cease, when their exercise of it is to be reviewed, and when they must descend to the level from which they were raised; there forever to remain unless a faithful discharge of their trust shall have established their title to a renewal of it. I will add, as a fifth circumstance in the situation of the House of Representatives, restraining them from oppressive measures, that they can make no law which will not have its full operation on themselves and their friends, as well as on the great mass of the society.

DOES THE SYSTEM WORK WITH POLARIZED NATIONAL PARTIES? 

Demographics of Congress

• The average age of Members of the House at the beginning of the 116th Congress was 57.6 years; of Senators, 62.9 years.
•  The overwhelming majority, 96%, of Members of Congress have a college education.
•  The dominant professions of Members are public service/politics, business, and law. 
• Most Members identify as Christians, and the collective majority of these affiliate with a Protestant denomination. Roman Catholics account for the largest single religious denomination, and numerous other affiliations are represented, including Jewish, Mormon, Buddhist, Muslim, Hindu, Greek Orthodox, Pentecostal Christian, Unitarian Universalist, andAdventist.
•  The average length of service for Representatives at the beginning of the 116thCongress was 8.6years (4.3 House terms); for Senators, 10.1 years (1.7 Senate terms). 
• A record 131 women serve in the 116th Congress: 105 in the House, including 3Delegates and the Resident Commissioner, and 26in the Senate. 
• There are 53 African American Members of the House and 3in the Senate. This House number includes two Delegates. 
• There are 51 Hispanic or Latino Members (a record number) serving: 46in the House, including 2 Delegates and the Resident Commissioner, and 5 in the Senate. 
• There are 20 Members (14Representatives, 3Delegates, and 3Senators)who are Asian Americans, Indian Americans, or Pacific Islander Americans. This is also a record number. 
• A record fourAmerican Indians (Native Americans) serve in the House

Article I

Bill becomes law

 

 Constitutional Crisis?

Legal basis for investigations

The executive branch ignores subpoenas.  What then?

• Inherent contempt -- Congress has not used it
• Criminal contempt -- Requires the Justice Department to act.
• Civil contempt -- Takes a long, long time.

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Thnking about Congress, the presidency, emergencies, and foreign policy

Presidents and Emergency Powers

Governors actually have primary responsibility.

Tocqueville:

Now, it is this clear perception of the future, based on judgment and experience, which must often be lacking in a democracy. The people feel more strongly than they reason; and if present ills are great, it is to be feared that they will forget the greater evils that perhaps await them in case of defeat (p. 223).

[The] great privilege enjoyed by the Americans is not only to be more enlightened than other nations but also to have the chance to make mistakes that can be retrieved (p. 225).

 One kind of mistake, however, is not retrievable.

The steps in launching a nuclear attack.