References: The federal judicial branch is composed of judges, appointed by the President and confirmed by the Senate, and various employees hired to support judicial functions. Judges receive a lifetime appointment without diminution of pay and can only be removed by the Congress after impeachment. Federal judges, located at various U.S. district and appeals courts throughout the United States, can check the legislatures and executives actions to ensure that they do not violate constitutional prerogatives and limits. U.S. Response to OAS First Round Questionnaire, [ LINK ]

Peer Review Comments: You may want to add a line about Marbury v. Madison and judicial review.

References: While the judiciary is formally non-partisan, there is increasing concern that the system (especially the Supreme Court) is becoming more partisan as a result of an increasingly partisan and highly-politicized confirmation process. According to a 2005 report in the Christian Science Monitor, "Many analysts - including some of the justices themselves - have expressed concern that the increasingly partisan and ideologically driven nomination process is politicizing the court, tainting its credibility as dispassionate arbiters of the law." Warren Richey, "How a new justice could change the court," July 10, 2005.

Peer Review Comments: The U.S. Supreme Court often declines to grant cert in all types of cases, including cases involving legislative actions.

The U.S. Supreme Court has developed certain judicial doctrines, such as the political question doctrine, that it cites in refusing to hear some cases involving "political" actions by the other two branches of government.

"Independent Judges, Dependent Judiciary: Institutionalizing Judicial Restraint,"  John A. Ferejohn and Larry D. Kramer. [ LINK ]

Peer Review Comments: I think the comment is good, but is a bit off point. Yes, the U.S. courts do exercise judicial review, but sometimes elect not to do so out of deference to the legislature.

References: Article 1, Sec. 6 of the U.S. Constitution states that Members of Congress "shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place." The Constitution also places the responsibility for overseeing congressional behavior on the House and Senate, respectively, with neither chambers' ethics committees being especially aggressive. Nevertheless, the Department of Justice's Federal Bureau of Investigation (FBI) will from time to time investigate and prosecute Members for egregious wrongdoing, such as bribery. In a recent case, the FBI raided the office and home of a Louisiana congressman who was suspected of bribery. "FBI Searches Congressional Office of Louisiana Lawmaker," Washington Post, May 21, 2006.

Peer Review Comments: Reps. Duke Cunningham and Robert Ney have also been prosecuted and convicted recently on corruption charges.

1) Lawmakers must disclose those lobbyists who raise $15,000 or more for them within six months by "bundling" campaign donations from numerous givers. 2) Senators seeking a special spending project, or "earmark," must disclose it two days before a vote and certify that they and their immediate relatives have no direct financial interest in it. 3) Leaders of the majority party, not the Senate parliamentarian, would rule on whether the earmark disclosure requirements have been met. 4) Lobbyists must disclose payments made to presidential libraries, inaugural committees or organizations controlled by, or named for, members of Congress.

Lobbyists must disclose payments made to presidential libraries, inaugural committees or organizations controlled by, or named for, members of Congress.

"A Summary of the Ethics Bill," The Associated Press, August 2, 2007

References: Both House and Senate rules require members and senior staff to file financial disclosure forms. They must disclose income (earned and unearned), assets, liabilities, transactions in securities and real property, certain gifts, travel paid by a private source, outside positions, and agreements. Financial information regarding spouse and dependent children generally must be disclosed as well. Records are kept only for a six year period (the length of one term in the Senate), after which they are destroyed. [ LINK ]; [ LINK ]

References: "According to House and Senate CURRENT rules: For one year after leaving office: A Member may not communicate with or appear before a Member, officer or employee of either House of Congress, or any Legislative Branch office, with intent to influence official action on behalf of anyone else. Very Senior Staff may not communicate with or appear before the individual's former employer or office with intent to influence official action on behalf of anyone else. A Member, Officer or Very Senior Staff Member 1.) May not represent or advise a foreign government or a foreign political party. 2.) May represent oneself, a state or local government, or the U.S. Government as an official or employee of a government agency or entity. [ LINK ]; [ LINK ]"

If the ethics reforms are signed into law by President Bush, former senators must wait two years before lobbying Congress in person. Ex-House members and top congressional aides must wait one year. "A Summary of the Ethics Bill," Associated Press, August 2, 2007

References: New gift rules (awaiting Bush's signature):

1) Senators and candidates for the Senate and White House must pay full charter fare when traveling on private airplanes. House members and candidates may not accept trips on private planes. 2) Members and their staffs may not accept gifts from lobbyists and their clients. 3) Lawmakers may not attend large parties given in their honor by lobbyists at national political conventions. A Summary of the Ethics Bill, Associate Press, August 8, 2007

Current rules:

The House and Senate gift rule prohibits acceptance of any gift unless permitted by one of the following exceptions: any gift (other than cash or cash equivalent) valued at less than $50 (however, the cumulative value of gifts that can be accepted from any one source in a calendar year is less than $100); gifts having a value of less than $10 do not count against the annual limit ("Buydowns" are not allowed -- i.e., a gift valued at $55 cannot be accepted merely by paying $6); gifts from relatives, and gifts from other Members or employees; gifts based on personal friendship (but a gift over $250 in value may not be accepted unless a written determination is obtained from committee), personal hospitality in a private home (except from a registered lobbyist); free attendance at charity, political, or officially-related "widely attended" events if offered by sponsor, and free attendance at receptions; anything paid for by federal, state, or local government.

References: As with executive officials, the House and Senate ethics committees review financial disclosure forms for accuracy, but there is no independent audit.

References: This rating is increased from 25 to 75, citing the "cultural change" regarding ethics on Capitol Hill (quoting Common Cause's Mary Boyle). This rating also assumes the new rules will take effect as follows: 1) Former senators must wait two years before lobbying Congress in person. Ex-House members and top congressional aides must wait one year. 2) Lawmakers and their aides may not try to influence hiring decisions by lobbying firms and others in exchange for political access. 3) Bars member-turned-lobbyists from setting foot in the Senate or House gym (a previously common place to make deals). "House stiffens ethics rules; The Senate is ready to pass an identical bill, the toughest crackdown on congressional behavior in decades," Los Angeles Times, August 1, 2007

References: This rating is increased from 25 to 75, citing the "cultural change" regarding ethics on Capitol Hill (quoting Common Cause's Mary Boyle). This rating also assumes the new rules will take effect as follows: 1) Former senators must wait two years before lobbying Congress in person. Ex-House members and top congressional aides must wait one year. 2) Lawmakers and their aides may not try to influence hiring decisions by lobbying firms and others in exchange for political access. 3) Bars member-turned-lobbyists from setting foot in the Senate or House gym (a previously common place to make deals).

"House stiffens ethics rules; The Senate is ready to pass an identical bill, the toughest crackdown on congressional behavior in decades," Los Angeles Times, August 1, 2007.

References: As with executive officials, the House and Senate ethics committees review financial disclosure forms for accuracy, but there is no independent audit. Media and watchdog groups serve as the only real "auditors." See above.

References: The Ethics in Government Act of 1978 requires individuals who wish to receive a copy of the financial disclosure report of a candidate for, a member of, or a legislative officer or employee of the House or Senate must file a request with the appropriate office within each chamber.

References: There is currently not an easily accessed online database. The ethics committees make the disclosure documents available to media when they become available in June each year. However, it is left to the media to summarize these disclosures or focus on certain legislators. See, for example, "Disclosures Make Lawmakers' Finances an Open Book," Washington Post, June 15, 2006. Ordinary citizens can view disclosure forms in person, or can fax a written request to view certain disclosure forms to either the Senate or House clerk, copies of which are then mailed out within a day or two. Overnight delivery is available if the requester has a FedEx account. Source: Interview with Senate Office of Public Records. It should be noted that Congress recently made salary levels available online for approximately 20,000 congressional employees. [ LINK ]

References: The lack of an searchable online database requires a less than 100 rating here. Delivery via 3rd class mail is free, although copies cost 20 cents per page. Because the complexity of each legislators' finances varies, the total page count ranges from 4 to 236 (Virginia Senator John Warner). Source: Interview with Senate Office of Public Records.

References: The Congressional Record publishes a daily transcript of all congressional hearings and introduced bills.

Peer Review Comments: [ LINK ]

References: The Congressional Record is published daily, and is available online. The Library of Congress also provides comprehensive legislative material on its THOMAS Web site. [ LINK ]

References: Available online.