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01:790:104 (22)

How a Bill Really Becomes a Law

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Political Science
Anna Mahoney

How a Bill Really Becomes a Law • Implicit Bargaining o Legislator acts to get a reaction from someone else without open negotiation  Someone can add an amendment to the bill you support and make the bill awkward o Introduce a bill regardless of likelihood of passage o Accept an amendment knowing it will kill a bill  Let an amendment happen just because you don’t want to oppose the bill you support • Explicit Bargaining o Legislators compromise after explicit communication o May after quantitative components of a bill o May offer temporary approval of initiatives • Logrolling o Trading off of support so that each may achieve their goal  Work together to pass things  You help me, I help you o Scratch my back and I’ll scratch yours (ex. Charlie Wilson- rep of Texas, king of logrolling- movie clip) Presidency • Expressed powers o Diplomatic: Treaties, receive ambassadors  Treaties have to be approved by the senate  Receiving ambassadors means that the president has the power to acknowledge a country or not o Judicial: Pardons  Usually wait until the end of their term to hand out pardons o Executive: Nominates judges and officials (including the Cabinet)  President nominates people to positions, senate approves the decisions  Kitchen cabinet: an informal group of advisors to whom the president turns for counsel and guidance, members of the official Cabinet may or may not be members of the kitchen cabinet. Does not have to be approved by anybody o Military: Commander in chief of military o Legislative: participate in the process, veto • Delegated powers o “Take Care that the Laws be faithfully executed” (Article 2)  President has to enforce laws o Congress delegates to the President only the power to identify or develop the means to carry out Congressional decisions o Congress usually delegates to executive agencies o Presidency has become more expansive through this delegation o As we have to deal with more problems, Congress has relinquished a lot of their power and influence and the president has scooped it up and taken it • Inherent powers o Powers claimed by a president that are not expressed in the Constitution but are inferred from it o Stem from the rights, duties and obligations of the presidency o Times of war or emergency o Lincoln in Civil War  Suspension of habeas corpus  Enlarged armed forces  Instituted censorship of U.S. mail  Blockade of Southern ports War Powers Resolution • Resolution of Congress passed in 1973 in response to presidential unilateralism which states that the president can send troops into action abroad, only by authorization of Congress, or ifAmerican troops are already under attack or serious threat • Presidents get around it by claiming inherent powers • Imperial presidency- emerged during Vietnam era, expansion of what is meant by inherent powers, expanding the power of the executive branch • Article 1 says that only Congress can declare war, but presidents were starting to get around congress to go to war with other nations and that is why this resolution was established Executive Order • Arule or regulation issue by the president that has the effect and formal status of legislation • Obama- closing of Guantanamo Bay (still open…) • W Bush- ban on federal funding of stem cell research, military tribunals for detainees • Nixon- created the EPA • Limited • Can be challenged in the courts; could be ruled unconstitutional by the Supreme Court ExecutiveAgreement • An agreement between the president and another country, which has the force of a treaty but does not require the Senate’s advice and consent • Significance: GATT and its effects • NAF
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