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.

[put on the test please]