R O L E I N P O L I C Y M A K I N G :F O R E I G N A N D D O M E S T I C

UNITED STATES GOVERNMENT

POLICY MAKING• What is public policy?• Easy definition• Public policy is a course of action adopted and pursued by a

government. • More complex definition• Public policy is a purposive and consistent course of

action produced as a response to a perceived problem of a constituency, formulated by a specific political process, and adopted, implemented, and enforced by a public agency.

DEFINING THE DEFINITION• “…purposive and consistent course of action…”• Absent of logical contradictions

• “…response to a perceived problem of a constituency…”• Government must decide both if there is a problem, and if it is

worthy of action• “…formulated by a specific political process…”• The government must formulate a specific pplan of action to

remedy the problem• “…adopted, implemented, and enforced by a public agency…”• There must be a government group to implement the solution…

actionmust happen

SO…HOW MUCH SHOULD THE GOVERNMENT GET INVOLVED?• Policy formation and implementation is often tied

into “party ideology”• Liberals often believe human action and interaction

often has implications beyond the main parties, meaning the government has the right and duty to step in and mitigate negative implications while maximizing positive implications

• Conservatives often believe most human interaction is voluntary and private among autonomous individuals, and therefore the government (no matter how well intentioned) should let them be

WHY DO WE CALL IT “PUBLIC POLICY?”

• How is this different from your parents discussing when you have to “mow the lawn?”• The British claim that before policy can be

determined, debate/discussion over an “issue” is held.• Issue gives the idea we are talking about something of

importance…meaning we have to give it a relative value.• Whose value do we use?• How much importance should be placed on this?

PROBLEMS?

• What do you see as possible problems to policy formation?• Political goals?• Financial backers?• Lobbyists?• Constituent needs throughout the country?• International?• Political party beliefs, other than yours?• Fractured government?

“POLICY CIRCLE” (POLICYPROJECT.ORG)

Issue Framing

Agenda Set

Policy Formation

Advocacy and

Implement

Data Analysis

WHAT ARE USUAL AREAS OF POLICY CONCERN FOR THE UNITED STATES?

• Domestic• Education, Welfare, Health Care, etc.

• Foreign• Trade Balance, Oil, Foreign Aid, Human Rights

• Economic• Trade Balance, Inflation, etc.

• Energy• Environment, Green Jobs, Gas/Oil, Climate Change, etc.

• National Security• US Military, Terrorism, Conflict Resolution, Human Rights

• Media & Communications• Race & Ethnicity, Public Opinion, Elections, Online Issues

WORK OF THE BRANCHES

• Policy formation may take on a different form from the different government branches.• How would the area of Human Rights be explored or

advanced by the different branches?• How would the area of Voting Rights be explored or

advanced by the different branches?• Death penalty? Oil needs? Minimum wage?

THE UNITED STATES CONGRESS

WHY BICAMERAL??

• ARTICLE I, SECTION 1, CLAUSE 1:• “All legislative powers herein granted shall be vested

in a Congress of the United States, which shall consist of a Senate and a House of Representatives”

• Historical - all they knew from lives in England• Practical – settle conflict between Virginia and

New Jersey plans• Theoretical – one chamber would act as a

check on the other.• Adding to this is separating all GOVERNMENT power

into three branches.

WORK PERIODS

• TERM – 2 year periods, numbered consecutively• Begins on/around January 3rd of each odd numbered

year• Usually first Monday of the month

• Currently in the 114th Congress• SESSION – 1 year period (1/2 a term)• Will adjourn (suspend business) at the end of each

session until the next January• Called adjourning “sine die” (for good)

• SPECIAL SESSION – can only be called by the President after Congress has adjourned “sine die”

HOUSE OF REPRESENTATIVES• 114th Congress• 245 Republicans• 188 Democrats• 2 Vacant

• Serve from January 3, 2013 to January 3, 2015

HOUSE OF REPRESENTATIVES• Size of the House of Reps – 435 Members• Based on “Reapportionment Act of 1929”• Seats distributed based on population• APPORTION / REAPPORTION• Every ten years based on the census

• Each state is guaranteed at least one seat• Biggest problem is the reapportionment after

census• GERRYMANDERING• WESBERRY v. SANDERS (1964)

• Length of service of a member – 2 years• Elections held the same day in every state• Every state is a “single member district”

HOUSE OF REPRESENTATIVES• FORMAL QUALIFICATIONS• 25 years old, citizen of US for 7 years, live in state

you wish to represent• INFORMAL QUALIFICATIONS• Usually has to do with vote getting abilities• Party ID• Name familiarity• Gender• Ethnicity• Political Experience

JOHN BOEHNER

• Speaker of the House• Republican• Ohio

KEVIN MCCARTHY

• House Majority Leader• Republican• California

STEVE SCALISE

• House Majority Whip• Republican• Louisiana

NANCY PELOSI

• House Minority Leader• Democrat• California

STENY HOYER

• House Minority Whip• Democrat• Maryland

MIKE ROGERS

• Michigan 8th District• Republican• Chair of House

Permanent Select Committee on Intelligence

SENATE

• 114th Congress• 53 Democrats• 2 Independents (w/

Democrats)• 45 Republicans

• Will serve from January 3, 2013 to January 3, 2015

SENATE

• Size of Senate – 100 members• 2 per state• Based on equal representation• Hopefully, more “learned” members

• Length of Service – 6 years• Continuous Body”• 1/3rd up for election every two years

• Seen as the more “respected” body historically

SENATE

• FORMAL QUALIFICATIONS• 30, lived in US for 9 years, live in state which

you represent• INFORMAL QUALIFICATIONS• Usually has to do with vote getting

abilities• Party ID• Name familiarity• Gender• Ethnicity• Political Experience – MAJOR PART HERE

JOSEPH BIDEN

• Vice President of the United States• President of the

Senate• Democrat• Delaware

ORRIN HATCH

• President Pro Tempore• Republican• Utah

HARRY REID

• Senate Majority Leader• Democrat• Nevada

RICHARD DURBIN

• Senate Majority Whip• Democrat• Illinois

MITCH MCCONNELL

• Senate Minority Leader• Republican• Kentucky

JON CORNYN

• Senate Minority Whip• Republican• Texas

DEBBIE STABENOW• Junior Senator from

Michigan• 2001-Present• Up for re-election in

2018• Democrat• Born in Gladwin, but

now lives in the Lansing Area• Ranking Member of

Senate Agriculture Committee

GARY PETERS• Senior Senator from

Michigan• 2014-Present• Up for reelection in 2020

Democrat• Born: Pontiac, MI

POWERS OF CONGRESS

• Expressed• Article I, Section 8

• Implied• Article I, Section 8, Clause 18• 14th Amendment

• Inherent• Natural

SCOPE OF CONGRESSIONAL POWERS

THREE TYPES OF POWERS

• Expressed• Written down• Article I, Section 8

• Implied• Common Sense; reasonably derived• Article I, Section 8, Clause 18• Necessary & Proper Clause (Elastic Clause)

• Inherent• Natural• Right to have free elections, make war & peace,

treaties, develop a money source, etc.

APPLYING THE POWERS

• STRICT CONSTRUCTIONISTS• Anti-Federalists (Led by Thomas Jefferson)• Wanted a very tight interpretation of the

Constitution• Congress only uses those powers expressed and

those that are ABSOLUTELY necessary implied.• “That government is best that governs least”

• LIBERAL CONSTRUCTIONISTS• Federalists (Led by Alexander Hamilton)• Wanted a broader interpretation of Congressional

powers• Needed an “energetic government”

EXPRESSED POWERS – MONEY & COMMERCE

• TAX – to pay off debt and work for US common defense and welfare• Direct v. Indirect• Some groups cannot be taxed

• BORROW – Borrow money on credit for the US• COMMERCE – Regulate foreign and

interstate trade• CURRENCY – Physically coin money and

regulate the value• BANKRUPTCY – establish laws

OTHER EXPRESSED EXAMPLES• FOREIGN RELATIONS – treaties, conduct business• WAR POWERS – make war, peace, allies • NATURALIZATION – rules for citizenship• POSTAL – new post offices/areas• COPYWRIGHTS AND PATENTS – protect creative

original works • WEIGHTS AND MEASURES – value of a pound,

gallon, etc.• TERRITORY AND LAND ADMISSION• JUDICIAL – create all courts below Supreme Court

IMPLIED POWERS

• Article I, Section 8, Clause 18• Necessary & Proper Clause• Fuel of much of the argument between Strict & Liberal

Constructionists • McCulloch v. Maryland (1819)• Reinforced the concept of “Necessary & Proper”• Gave credence to Implied Powers

NONLEGISLATIVE POWERS

• Constitutional Amendments• Electoral Duties• Impeachment• Appointments• Treaties• Investigatory