The US Government Framework - Assignment Example

1) Presidents are often regarded in a high esteem by their constituents and this goes true for the past presidents of the United States and the incumbent one, President Barack Obama. It is normal for new Presidents to enjoy a high level of popularity especially in the first few months in office since he symbolizes the hopes and dreams of his constituents (King). This high level of popularity is termed as “rally effect” which shows general public support for the President at a moment of international threat, albeit temporarily (Answers.com). President Obama’s entry into the presidency came at a time when the economy was taking a turn for the worst and the spoils for the Iraq War was being reaped. Thus, the American public gave its support for the time being in the hopes that everything will turn out better. Being a great orator, Obama was able to capture the attention and the hearts of the people. However, most things are easily said than done. And if ever they can be achieved it usually takes time to do it, which most people affected by the failing economy cannot appreciate. Officials in public office, especially the President experiences a decline in popularity mainly because of his decisions, which majority of the public does not agree with. And most of his decisions regarding the economy and an unpopular war may either increase or decrease his level of popularity. If during his term in office, the economy becomes good he will generally have a high level of approval; and if he engages in a war that makes the country look like the defender of democracy then normally his ratings will surge upward (King). It is unfortunate that President Obama’s administration had to deal with a failing economy almost at the start o his term in office and like wise quite unfortunate that the popularity polls have been conducted at a time when the surveyed group was not in favor of the President’s actions and decision. Hence a decline in popularity rating was eminent but not entirely new in the world of politics, since past presidents also went through the same dilemma during their time (King). 2) The veto power of the Texas governor gives him or her authority to reverse budget appropriation items, resolutions and bills passed by the legislation in session. The President likewise has the veto power to invalidate resolutions and bills forwarded by the legislative body of the national government. Additionally the vetoes of the President and the Texas Governor have limits since they are normally given ten days from receipt of a bill to sign or veto it. Signing the bill passes it into becoming a law. However vetoes are not absolute because the legislative body of the nation and the state has the power to reverse the veto by override – which needs a vote of two-thirds of the present quorum. But if the legislative session is already over the veto given at the end of the session is considered final because members of the legislation cannot meet to override the veto. But having a veto override does not usually happen since regulations are flexible in the employment of a veto, which is synchronizes with the legislature’s long-established timetable for passing bills (University of Texas). Consequently, if a state governor does not sign or veto a passed bill the bill becomes a law even without the Governor’s signature. Unlike the President who has the authority to implement a “pocket veto” where he is able to stop or eradicate a bill without having to sign or veto it (University of Texas). Although the Texas Governor does not have the pocket veto like the President at the federal level, he or she is granted the authority to line-item veto a bill. The line-item veto means taking out only some portions or a portion of the bill that is passed by the legislature; and this does not affect the entire bill or resolution. The line-item veto is not granted to the President within the current constitution (University of Texas). 3) The President of the United States manages the Department of Education through the Cabinet Member who is the Secretary of Education. The responsibility of the Secretary of Education is to give advice and to update the President in all important aspects Education whether on the national or state level (Peterson). Another role that the President have on the Department of Education is the appropriated budget for this particular department as he has control of how and where the fiscal budget should be managed (University of Texas). This is in contrast with the Texas Governor’s role in the SBOE and TEA. He or she has the authority to appoint the Education Commissioner and the Chairperson of the Board. The other officers of the SBOE and the TEA are elected by their constituents and the Texas Governor has no direct authority over them except to appoint a replacement for a vacant seat in times of election (University of Texas). The President of the United States has more authority in the management and execution of educational policy at his level because he has direct control over the head of the education department which is the Secretary of Education who he appointed in position. As for the Texas Governor, he or she has no direct control over the decisions made by the SBOE and TEA about educational policies in the state. The officials within these units are elected individually by the people except for the Commissioner and the Board Chairman who were appointed by the Governor (University of Texas). 4) A cabinet system of government in the United States is composed of 15 departments, and the secretaries to head each department are appointed by the President. However, the appointment of each secretary needs the approval of the Senate’s simple majority. A department secretary cannot hold any other elected office and neither he nor she cannot be a member of the Congress. It is the duty of every Department Secretary to provide support regarding certain concerns the President may have pertaining to their respective departments; likewise the cabinet members only answers to the President and the President is the only one who can fire them. The term of a department secretary in office is co-terminus with the President who appointed them; hence they are expected to vacate their positions by resigning their posts once a new President assumes office (Longley). The plural executive system in Texas on the other hand restricts the Governor’s power to appoint an executive official excluding the Secretary of the State. The officials within the plural executive system ran for office separately from one another and are voted by their constituents independently. This means that they are not unified under one slate and they are not formally accountable to the Governor since he or she was not the one who appointed them to office (University of Texas). The cabinet system allows the President to take the lead and with the support of his department secretaries, he is able to pursue a united objective. Whereas the Governor of Texas does not necessarily have the support of the other elected state officials since they do not belong to the same organization or party, thus making it difficult to have a cohesive goal among all the elected officials of the state (University of Texas). In view of the above, it can be said that the President holds a stronger power over his executive branches because he was the one who appointed them and has the authority to remove them from their positions. It makes working together better since the President is considered the head of the Cabinet. Unfortunately, the plural executive system makes working together quite complicated since those independently elected in office often times pursue self-determining agendas from each other. And the Governor does not have the official authority to be a mediator or otherwise make an official order (University of Texas). 5) On every first day of February, the President presents his budget proposal to the Congress. This is considered the preliminary step in the process of budgeting for the fiscal year based on the Budget and Accounting Act of 1921 (Gill). The Office of the Management and Budget or OMB is in charge of management and budgets of all executive branch departments and gives advice on various related issues to the President. With regards to the budget processing, the Texas Governor has a lesser amount of control in comparison to other governors and the President of the United States. After forwarding his/her formal budget proposal which is the starting point for budget preparation; the Governor is allowed to publicly state a message on his budget priorities but holds little sway because the ten members of the Legislative Budget Board (LBB) has the sole authority to oversee the budget process. The LBB mainly works for the legislature since it normally takes the lead in the state’s budgetary issues. After the congress and legislature have passed bill appropriations, both the President and the Texas Governor have the option to veto the appropriated bills. However, on the part of the President the Congress must have a finalized budget by October 1 because it is the beginning of the fiscal year. But if Congress by that time has not finalized any budget that the President has signed it must pass a continuing motion that the President must sign, otherwise all government offices will close down (Gill). Such matters are handled differently on the Texas’s Governor’s side as he or she can veto budget priorities after the legislative session, although this move might be interpreted negatively as not being able to positively persuade the budget process (University of Texas). It is permissible by law that the Governor can transfer funds between agencies or programs to meet an emergency need. However, such transfers must be approved by the LBB. In situations where shortfall cannot be avoided, the Governor can get the public’s attention by leading a discussion on the budgetary need. Convincing the LBB and the public that a need is real will ultimately depend on the Governor’s ability and skill to present facts and proofs related to it (University of Texas). Between the two chief executives the President has more influence on the process of budgeting than the Governor based on Article II Section 3 of the Constitution that allows the President to recommend fiscal policies. Hence, this gives the President the prerogative to decide where and how the money will be spent (CQ Press). The Texas Governor does not have such authority since it is the LBB led by the Lieutenant Governor who presents the budget proposal to the legislative (University of Texas). 6) Members of the United States Supreme Court are chosen in the following manner: 1. a vacancy emerges, 2) the White House builds a short list of candidates for the position, 3) the President announces a choice from the short list (nominates a candidate), 4) the candidate goes to the Senate for a formal interview with the Senate Judiciary Committee, 5) the candidate needs the approval of the Senate Judiciary Committee members and will sit to hear formal hearings, 6) after the hearing the Senate Judiciary Committee votes whether to send the candidate/nominee to the full Senate, 7) the full Senate decides by voting, and the nominee needs 60 votes in order to pass, 8) when the nominee/candidate has been approved by the full Senate the new Justice for the Supreme Court can immediately take his or her seat. New Justices often begin their job at the start of the new term where the Supreme Court begins its own every first Monday of October (Berger). All judges in the Texas Supreme Court are elected and the Governor only gets a chance to have an influence on the state judiciary when he or she appoints a chosen candidate to fill up a vacancy because the current judge dies, is removed from position, resigns or due to the establishment of new courts by the legislature. Supreme Court Justices of the United States hold their position for many years even after the administration with which they were appointed in has finish its term. The chosen judges in the Texas Supreme Court on the other hand usually serve for six years although they can have incumbency should they wish to seek reelection (University of Texas). 7) Interest groups are different from political groups since basically they do not run for any elected office. Interest groups care about who serves in the United States Supreme Court and the Texas Supreme Court because they want to ensure that their agenda is taken into consideration, especially the judicial branches of both the National and State Supreme Courts. Since most interest groups have money and the support of the public because of the cause they are fighting for they are able to influence the selection of a judge on the Texas Supreme Court by letting the appointing authority – the Governor for example, who they want to be appointed as judge through public campaigns. This particular way of influencing the decision of the Governor might hold little control of the actual decision but can still hurt the reputation and popularity of the said politician (The Social Studies Help Center). 8) Ahmed and his lawyer can cite The First Amendment based on the United States Constitution that states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” (Farlex). The First Amendment was supported by the Establishment Clause of the First Amendment which generally states that the government should not establish an official religion and should not prefer one religion over the other in all levels of government (Farlex). This can be seen in the legal case of Engel v. Vitale. This case is about the Board of Regents who were appointed by the State of New York to oversee state schools. The Regents at that time decided to incorporate moral values in the education system by establishing an official prayer. The prayer however did not gain the popular support of many in particular due to wording and other negative issues. The Board of Regent then just consented that the school boards and parents can use whatever prayer they deem necessary and to consider it optional in the conduction of classes in the state (Farlex). This same scenario is quite similar to Ahmed’s case where a prayer was found to be offensive. If I were an attorney for the HISD I would advice my client of the First Amendment but would likewise explain about the Establishment Clause of the First Amendment and discuss fully the freedom of speech. In my opinion the HISD will not win in the Federal Court based on the verdict of the Supreme Court in Santa Fe Independent School District v. Doe, 530 U.S. 290, 120 S.Ct. 2266, 147 L.Ed.2d 295 (2000) (Farlex). 9) Judges have the sole authority to issue search warrants. Law officers must have substantial proof that there is a credible ground to make a search. This must be justified by documents like sworn affidavits, and must describe in utmost certainty the place where they intend to do the search including the items that they will confiscate from the said premises. The judge in question must review all the circumstances involved and presented when he or she decides to issue or not to issue a search warrant. This includes restrictions on how the search will be carried out and when the search will be served. In regard of the above, the officers who will be doing the search are not compelled by law to provide evidence that the people or place to be searched committed any crime as stated in The Fourth Amendment. The enforcement officers need only to show that a most wanted evidence is in the place they intend to search. It is however also stated in the Fourth Amendment of the United States Constitution that the issuance of a search warrant must have probable cause for the search as the home owner has the right to be secured in his or her own home. According to the United States Supreme Court the Fourth Amendment which is applicable to Federal Courts and through text applies equally to State Courts via the Fourteenth Amendment (Hinkle et al). Incidentally, the defense lawyers for the residents of 1353 Elm Street will raise the issue that the search was illegal because there is actually no search warrant issued for the place in question and can actually save the illegal drugs found from being evidence in court. But the Fourth Amendment has the inevitable discovery exception. In an inevitable discovery scenario, it is considered that clearly the police have violated the Fourth Amendment. Subsequent to this, as a result of the violation of the Fourth Amendment, the police have found evidence in the form of illegal drugs which they seized that incriminates the people whose Fourth Amendment was violated in the first place (Colb). Consequently, the evidence in the form of the illegal drugs obtained from 1353 Elm Street cannot be considered as evidence because it was not taken during a legal search. But the inevitable discovery exception would inquire if the evidence taken from the illegal search would have come out eventually or have been discovered through legal channels given the chance. In this case the judge would rule that the Fourth Amendment of the residents at 1353 Elm Street has not been violated and that the drugs found are admissible evidence in court (Colb). 10) Mr. John Smith can be charged with capital murder since the store clerk was killed during a robbery. This means that Mr. Smith planned the crime and that there was evidence against him, including witnesses that lead to his arrest. As he enters the judicial process John Smith’s trial will be hear in a state court. Judges who preside within the state courts are generally elected by the constituents of the state; or in some cases are appointed by the governor of the state (University of Texas). If Mr. Smith is convicted of capital murder, his defense lawyers can lodge an appeal to the intermediate-level appellate court (Larson). If however, John Smith was acquitted and new evidence against him surfaced he cannot be tried twice for the same criminal offense, which is legally termed as double jeopardy (Farlex). The state may have a chance to prosecute John Smith but not on the criminal case where he was already acquitted. They can file a civil case against him where he can be ordered by the courts to compensate financially for the moral and emotional damages he did to the family of his victim (Farlex). Works Cited Answers.com. “Rally Effect” n.d. http://wiki.answers.com/Q/What_is_a_rally_effect 24 February 2011. Berger, Matthew. “How A Supreme Court Nominee Joins the Bench” n.d. http://uspolitics.about.com/od/usgovernment/a/courtnominee.htm 24 February 2011 Colb, Sherry. “When Should Fourth Amendment Violation Leads to Suppression of Evidence: The Supreme Court Takes a “Knock and Around Case”” 13 July 2005. http://writ.news.findlaw.com/colb/20050713.html 24 February 2011 CQ Press. “The Constitutional Powers of the President” 2003. http://www.cqpress.com/incontext/constitution/docs/constitutional_powers.html 25 February 2011 EduDecisions. “The United States Criminal Justice System” n.d. http://www.edudecisions.com/articles/criminal-justice-careers/system.php 26 February 2011 Farlex, The Free Dictionary. “Double Jeopardy” n.d. http://legal-dictionary.thefreedictionary.com/Double+Jeopardy 26 February 2011 Farlex, The Free Dictionary. “Engle c. Vitale” n.d. http://legal-dictionary.thefreedictionary.com/Engel+v.+Vitale 24 February 2011 Gill, Kathy. “US Federal Budget Process” 01 February 2011 About .com Guide http://uspolitics.about.com/od/thefederalbudget/a/budget_process.htm 25 February 2011 King, James. “Looking Back at Chief Executives: Restrospective Presidential Approval “ 1999 http://www.ehow.com/about_5380545_cabinet-do.html 26 February 2011 Larson, Aaron. “Appealing a Criminal Conviction” March 2000 http://www.expertlaw.com/library/criminal/criminal_appeals.html 26 February 2011 Longley, Robert. “Why Is It Called a Cabinet?” n.d. About.com Guide http://usgovinfo.about.com/od/thepresidentandcabinet/a/prescababout.htm 25 February 2011 Peterson, Lynn. “What Does the US Cabinet Do?” n.d. Ehow.com http://www.ehow.com/about_5380545_cabinet-do.html 26 February 2011 The Social Studies Help Center. “Interest Groups.” n.d. http://www.socialstudieshelp.com/apgov_interest_groups.htm 25 February 2011 University of Texas. “Texas Politics – The Executive Branch.” 2nd Edition 2009 http://www.laits.utexas.edu/txp_media/html/exec/print_exec.html. 24 February 2011. Read More