Jordan Sylar Article Summaries

Stalemate

Because of the way the legislative system is set up with a bicameral legislature and and separation of power, gridlock is inevitable and has existed from the beginning. Differing policy views, even within the same party, contribute to gridlock and result in delays and conflict when it comes to policy making. Gridlock is viewed differently depending on the person. Despite the way that it frustrates many Americans, Jefferson thought that a small amount of delay was helpful. Gridlock can be a tool that is used by legislators to strategically pass or stall a bill. Ultimately, gridlock is the result of the way the legislature is set up, as well as the differing agendas among the elected officials in the legislative branch.

The Imperial Presidency

A large amount of presidents have attempted broaden the President’s powers outside of those listed in The Constitution. Many have compared this extension of power to that of a king’s, hence the title “Imperial Presidency.” The main area that this shift of power can be seen in is the President’s wartime powers or powers in times of crisis. The justification used is that the president needs the ability to act quickly, and the results are things like FDR’s New Deal or The Cuban Missile Crisis under Kennedy. An example of a president who took his power too far and received backlash is Nixon during the Watergate scandal. As presidents continue to create their own power, corruption increases and they support the title of “Imperial” that Schlesinger has given them.

Pursuit of Justice

The President is explicitly given the power to nominate Supreme Court Justices, and the Senate’s job is to confirm the nomination. These are both significant powers and they require that the President the Senate can agree and work together. The President usually nominates someone with similar views and party affiliations, as they are supposed to be an extension of himself in the Supreme Court. The President also, however, has to consider party politics when making a supreme court nomination. Finding a candidate that fits all of the criteria is a difficult job, and there have been at least ten different changes in the selection process since the new deal that have made the process more complicated. The Justice Department has also taken a more significant role in the government as time has passed, resulting in increasing importance of Supreme Court nominations. The number of federal courts has grown, and as a result so has the number of appointments the president is required to make. The White House staff grew as well, resulting in more influences and factors for the president to consider when making decisions. Presidents also rely more heavily on their counsel to help them make decisions. Because a divided party system is now commonplace, a moderate candidate for the Court must be selected to make it through if the president and the Senate have conflicting parties. Nominations have also become much more public, and have to deal with more scrutiny from the media and the public. The American Bar Association has also received the power to rate candidates and have a say in who is chosen. Interest groups conduct research and attempt to influence the appointment through their own means. Technology has also increased and allows more information to be gathered and seen about the candidates when making decisions. The Supreme Court has grown in influence and power, and with it the nomination process has become more important and complicated. 

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Article Summary Extra Credit-Kinsey Anderson

Stalemate by Sarah Binder

Throughout Stalemate, Binder discusses several reasons that cause a gridlock in Congress. Although gridlock is a newer term, it is not a new concept. Alexander Hamilton mentioned how he was annoyed by the stalemate that arose in the Continental Congress. Binder first writes how the divided government results in conflict, which leads to a deadlock. Since the frequency of gridlock is not consistent, Binder says it is important to learn what causes it. Even if Congress is controlled by the same party, compromise for breaking a gridlock is not insured. There is a structural and pluralist component of the American political system. According to the analysis of David Mayhew, the pluralist component is better because of the distributions of policy views and the timing of party politics. Party effects influence Congress’ decision making. While elections divide control, they also decide the different beliefs within each party. In order for the government to be receptive, it is important to have united political parties that could give decisive choices to the electorate. Over the years, the party polarization has increased, which further bolsters deadlock. If the United States had a greater political center and a less polarized Congress, then it is more likely to have policy compromise. Binder believes that bicameralism is the most significant reason causing gridlock in American politics. When there are structural differences in the House and the Senate, bicameral differences occur. In Congress, there is not much incentive for compromise, so many legislators do not feel it is urgent to reach an agreement. Since people have different hopes for the outcome of a gridlock, it is difficult to fix it.

The Imperial Presidency by Arthur Schlesinger

Schlesinger believes the imperial Presidency was significant in the creation foreign policy, and he further explains the war-making power of the president. The imperial Presidency became part of the American society because of the deterioration of the traditional party system. Over the years, the parties have declined, which can most significantly be attributed to the improvement of technology. Because the parties have diminished, there has been a larger focus on the President. Economic changes have also impacted the powers of the President. Schlesinger thinks Roosevelt and Kennedy both used their imperial powers wisely, but he does not believe the same for Richard Nixon. He believes Nixon is the ultimate imperial president. During the New American Revolution, the power was focused towards the  president, not the people. Nixon believed that, as the president, he could place himself above the Constitution, which is evident through the Watergate Scandal. Secrecy favored the government in three ways: the power to withhold, the power to leak, and the power to lie. After the secrecy, Schlesinger further writes about questioning the power of the president during Nixon’s administration. Because of the Watergate scandal, the imperial Presidency was stopped until the presidency of George Bush. President Bush’s response to the 9/11 attacks and foreign policy revived the imperial Presidency.

Pursuit of Justices by David Yalof

David Yalof discusses how the president has to select nominees to the Supreme Court, which is one of his most important duties. In order for the nominee to become a justice of the Supreme Court, the Senate must approve of the candidate. The president chooses a person who has similar doctrine to himself, which creates a continuing legacy for the president after his term ends. The New Deal brought about significant change in American politics. Yalof describes ten advancements that changed the manner in which the justices are selected. Substantial growth occurred in the Justice Department, the White House, and the federal courts, which allowed the attorney general to give more guidance while selecting a Supreme Court nominee. This expansion has also provided the president with more appointment opportunities. Since senatorial courtesy does not apply in the broadening D.C. Circuit, the president is able to select people who have similar ideology in the federal judicial system. In addition to expansion, technology has also been an important part of the changing selection process. With the media’s greater focus on the process, the public is more informed on the nominee. Overall, the Supreme Court has become more involved in American politics. The Court places itself in the middle of significant political controversies, and it is focused on a rights-based agenda.


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KP: Article Summary Extra Credit

Stalemate

         Gridlock existed long before the 1980 election, as Hamilton saw it in place nearly 200 years prior. Many critics claim that a divided government brings “conflict, delay, and indecision” which leads to “deadlock, inadequate and ineffective policies, or no policies at all” because long periods of a successful, lawmaking government are rare in American history. However, gridlock in government has mixed reviews, as Jefferson’s philosophy might welcome a small amount of gridlock and Bob Dole states that we should even hope for it. Ultimately, a government controlled by one political party still cannot ensure that there will be no gridlock or stalemate in the legislative process, Party polarization, the separation of powers, and a bicameral legislature also contribute to this effect. Differing policy views and political agendas held by competing politicians fuel the modern political monster known as a Stalemate.

The Imperial Presidency

       Presidential primacy is now presidential supremacy, and constitutional presidency has turned into an imperial presidency, and if we’re not careful, could become a revolutionary presidency. There has been a shift in Constitutional balance concerning presidential power. The war-making power in particularly has essentially allowed the President to become a creator of foreign policy, as they are know the master of peace and war. In certain cases, such as FDR and his New Deal, that an influx of domestic power doesn’t always result in an influx of foreign power. A development of this imperial presidency was a decay in the structure of the traditional party system, because as the parties faded away, the presidency stood out. Kennedy’s actions concerning the Cuban Missile Crisis set a precedent for presidents in the future, despite the fact that he had dealt with an obscure and unique situation. His action was an exception that was taken as a rule. As Presidents reconstruct the office to meet their own needs, they continue to support Schlesinger’s ideas that it is now an imperial position.

Pursuit of Justices

Supreme Court Justice nomination is one of the president’s most significant duties, and conflict and factionalism has made this power much more complicated. President’s typically nominate those who have similar judicials views as their own, which in turn allows them to attempt to gain more control over the Supreme Court. However, because of the competing ideas even within the executive administration, finding the candidate that accurately reflects a president’s views may seem harder than it sounds. There are at least 10 developments post New Deal era that have changed the selection process for justices.

The Justice Department grew dramatically which delegated more power to agencies and allows the attorney general to have a louder voice in the selection process.

The White House staff also grew following FDR’s administration, and now many modern presidents rely heavily on their Counsel Office to assist them in researching new nominees.

The federal court system has also grown, which has allowed senatorial courtesy to be a dominant factor in lower court selections, and these courts act as a trial run for those who could one day be promoted to the Supreme Court.

A divided party government is now routine and moderate candidates must be selected in order to be confirmed by a Senate of a different party.

The confirmation process is now available to the media and the public can now be up to date on each and every step in the nomination and confirmation process, as the nominee must now also please the media.

The American Bar Association’ Special Committee on the Judiciary has reviewed all candidates since its creation and a president must now factor in the ABA’s approval ratings into the candidate’s nomination.

Interest groups now conduct their own research and have extended their influence on early stage nominations.

The increased media attention has forced president’s to also fight the daily coverage of the process, in which a long delay in the process could be blown out of proportion into a major problem.

Legal research technology has allowed all participants of the process to access software programs such as LEXIS/NEXIS and WESTLAW which quickly gather all past opinions, commentary, rulings, and so on.

Lastly, because the Supreme Court has become an increasingly more visible power in the government, the office is now held as one with higher stakes, influence, and power.

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