134 Terms for Mid-Term Flashcards
1
Q
The Intolerable Acts of 1774
A
Boston Port Bill Massachusetts Government Act Administration of Justice Act Quartering Act Quebec Act
2
Q
Tyranny
A
Taxes were seen as the opening and the dominance of what we would now call “special interests”
3
Q
Pluralism
A
politics and decision making are located mostly in the framework of government but many NON-government groups use their resources to exert influence
4
Q
Shays Rebellion
A
Farmers being arrested for not paying taxes on their land so they burnt down the courthouse
5
Q
Commerce Clause
A
- Enumerated Power
- Article 1 Section 8 (Interstate Commerce and Foreign Nations)
6
Q
3/5 Compromise
A
For representation in the House slaves would be counted as 3/5 of a person however the States would have to pay taxes on the people
7
Q
Supremacy Clause
A
Above all state law, federal law, and the state constitutions is the Constitution of the United States
8
Q
Anti-Federalist
A
strong state government with a weak central government
9
Q
Federalist
A
favored strong central government, separate nations powers, strong states but no consensus on division of power in government
10
Q
New Jersey Plan
A
- one state, one vote
- congress is the supreme law
- Congress will appoint an executive office
- Executive office will appoint judiciary
11
Q
Virginia Plan
A
Created Bi-cameral legislature
- -Lower chamber based on population
- -Upper chamber based on population
- -The Legislature would pick the executive
- -The creation of the Judiciary appointed by the legislature
12
Q
Dual Federalism
A
- Emphasized dividing the state and national spheres of power into entirely separate jurisdictions
- Part of the Supreme Court’s attempt to regain its powers after the Civil War
13
Q
Case Establishing Judicial Review
A
- the idea, fundamental to the US system of government, that the actions of the executive and legislative branches of government are subject to review and possible invalidation by X branch
- allows the Supreme Court to take an active role in ensuring the other branches abide by the constitution
- Marbury v. Madison, 5 US 137 (1803)
14
Q
The Great Compromise: The Executive
A
- elected by the electoral college
- vetoes legislation
- can make treaties, executive agreements, presidential statements
- controls the bureaucracy and implementation of laws
- presidential appointments
- creates the budget
15
Q
The Great Compromise: The Legislative
A
Bicameral
- House is proportional representation based on pop.
- -ALL tax legislation must begin in House
- -holds impeachment hearings
- -if a tie occurs House determines President and Vice
- Senate is equal representation (2 reps selected by each state)
- -Senate must confirm Presidential appointments and treaties by 2/3 majority
- Congress can override a Presidential Veto by 2/3 in each chamber
- Controls the funding of the bureaucracy
16
Q
The Great Compromise: The Judiciary
A
- the president will nominate members of the federal judicial branch
- the US Senate will approve or reject the nominee
- can declare congressional and presidential acts unconstitutional
- presides over impeachment trials
17
Q
New Federalism
A
- the control goes back to the states, however, federal government consolidates federal grants like welfare
- states now have authority over programs
- Federal government gave power back to the states
- funded state programs through large block grants, so states could spend on the programs they needed
- funding was dramatically reduced
18
Q
Cooperative Federalism
A
- emphasized an expanded role for the national government
- increased federal aid to help the states meet their own priorities
- increased federal assistance to deal with record levels of unemployment from the Great Depression
- Marbled cake is a representation of the States and Fed working together
19
Q
Cases establishing Commerce Clause
A
-
20
Q
Cases Establishing the Bill of Rights to the federal government
A
-
21
Q
Cases involving the Supremacy Clause
A
-Gibbons v. Ogden (1824)
22
Q
Factions
A
Federalists and Anti-federalists
23
Q
Implied Powers
A
- can be found in article 1 section 8
- make all Laws which shall be necessary and proper
- the power to dictate how federal funds are spent and accounted for
- the draft (power to raise an army)
- Minimum Wage (power to regulate trade)
24
Q
Necessary and Proper Clause
A
- congress has the power to make laws which shall be necessary and proper in executing power
- Article 1 Section 8
25
Picket Fence Federalism
- 1960's to present day
- Roosevelt's programs were funded by the federal government but administered by states and local government
- Policy makers work within a policy area across levels of government
26
Unitary system of government
- strong central government All Powerful
- subdivisions called "states" (weak)
- -at any time the government can give or take power from the states
27
Confederal system of government
- strong states with a week central government
- at anytime the states can give the government power or take it away if they don't like the implementation of said power
28
Types of Grants in Aid
- categorical grants
- block grants
- federal mandates
- unfunded mandates
29
Categorical Grants
- strings attached
- federal formula
- specific purpose
- is a federal payment to a state or local government to carry out a specific activity
- -money for interstate 95 within a transportation bill
30
Block Grants
- Large federal grants provided to state government to spend on a policy area, states have control over spending
- is one that can be used for a wider variety of purposes and usually has fewer federal guidelines on how the programs are to be administered
31
Federal Mandates
- Congress forces states and local government to comply with certain rules that they pass
- Congress gives funding to the states to implement policies
32
Unfunded Mandates
congress forces states and local government to comply with certain rules and does not provide funding to implement to programs
33
Gibbons v. Ogden 1824
- this case was over a license to operate a steam-powered ferryboats NY<=>NJ
- NY passed a law Aaron Ogden + US Gov gave license to Thomas Gibbons (to operate the boats)
- Chief Justice John Marshall ruled it was a power reserved to and exercised by the Congress
- Justice William Johnson further said the national gov had exclusive power over interstate commerce, negating state laws
34
McCulloch v. Maryland (1819)
- -Congress built The Second Bank of the United States and then MD passed legislation to impose taxes on said bank to which the cashier, James W. McCullough, of the bank refused to pay the tax
- The Supreme Court ruled that Congress was carrying out its IMPLIED POWERS (to coin money, levy taxes and borrow money) therefore MD could not tax due to the necessary and proper clause and its enumerated powers
35
Marbury v. Madison (1803)
-This case established that the Constitution--the nation's highest law-- conflicts with an act of the legislature, that act is invalid
36
Federalism
-the central government shares responsibilities with subdivisional governments called states; both deriving power from the Constitution
37
Separation of Powers
-
38
Checks and Balances
-
39
Roles of the President
- Chief of State
- Chief Executive
- Commander and Chief of the Armed forces
- Chief Diplomat
- Chief Legislature
40
Presidents 3 Constituencies
1- General Public
2- Members of his party
3- Washington Community
41
The Case Act of 1972
- requires the president to inform congress when he mades an executive agreement
- power as chief legislator
42
Fast Track Authority
- first used in 1974, this allows the president to negotiate new trade agreements with other nations, which they then submit to congress for either approval or rejection
- power as chief legislator
43
White House Press Corps
-meant to provide the people daily information about the administration
44
Press Secretary
-the official spokesperson for the white house
45
Confirmation Process
-
46
Ratification of Treaties
-
47
Appropriations
-deciding where money for a fiscal year is going
48
Budget
-most of the congressional workload is spent approving all government spending
49
Party unity
-voting in the same direction on roll call votes
50
Standing Committee
- has its own staff that perform an entirely legislative function
- they help draft, organize hearings and participate in altering bills within the committee
51
Executive Order
-
52
Executive Order
- these are rules or regulations that have the effect of law
- they can be used to clarify existing law or make new policy
- 3 types of orders: Proclamations, National Security Directives, and Presidential Decision Directives
53
Executive Agreement
- agreement made with other heads of state in the form of a gentleman handshake
- does not require congressional approval (other than for trade)
54
Veto
-
55
House Majority Leader (Steny Hoyer R)
- schedules legislation for floor consideration
- the planning of daily, weekly and annual legislative agendas
- monitor the opposition party's "parliamentary maneuvers"
- consult with members to gauge attitudes and communicate with colleagues to support or defeat legislature
56
House Minority Leader (Kevin McCarthy R)
- elected by the republic conference
- directs the party's legislative strategies and operations
- serves as spokesperson
57
Senate Majority Leader (Mitch McConnell R)
- most visible leader if there is divided government in the executive
- spokesperson for his party's position on the issues
- speaks for the senate as an institution
- when time limits cannot be agreed on, he might file for cloture to shut off the debate
58
Senate Minority Leader (Chuck Schumer D)
- unite their party and criticize the opposition
| - make sure the members of their party vote with their party
59
Office of Management and Budget
- responsible for preparing the presidents national budget proposal, monitoring the performance of federal agencies, and overseeing regulatory proposals
- make sure all the money is spent to congresses approval
- 1st crack at the budget
60
Signing Statement
- a written proclamation by the president as to how a bill will be carried out
61
Cloture
-The only procedure by which the Senate can vote to place a time limit on consideration of a bill or other matter, and thereby overcome a filibuster
62
Gerrymandering
- when a political group tries to change a voting district to create a result that helps them or hurts the group who is against them
- works by wasting votes
63
4 types of Bureaucracies
- Cabinet departments
- independent executive agencies
- independent regulatory agencies
- government corporations
64
Largest Cabinet departments are involved in what matters
-
65
Sources of Bureaucratic Power*
- Implementation
- Regulation
- Adjudication
- Discretion
- Bureaucratic Goals
66
Characteristics of Bureaucracies
Job Specialization-- the work of these specialists are orchestrated so that works would keep consistently busy
Hierarchy of Authority-- specialized skills that go into providing a service or making a product must be coordinated. This is done through control of a central force through a chain of command. "top-down""bottom-up"
System of rules-- best example is an employee manual, in which you cannot veer from standard operating procedure and IF you have a problem that is "outside the box" then you are SOL
Impersonality of Operation-- do not allow personal bias to effect decisions; faith and efficiency demand that rules be applied regardless of anything personal
67
Civil Servants
- merit based jobs
| - beneath patronage appointments
68
EOP (executive office of the president)
- includes most of the key personnel and advisers to the president
- group of presidential staff agencies that provides the president with help and advice
69
Inner Cabinet
-the advisers considered the most important to the president; Secretary of State, Defense, Treasury, Homeland of Security and Justice
70
Kitchen Cabinet
-modern presidents do not use the cabinet as an advisory group today, but prefer to relax on informal advisers
71
Types of Executive Agencies
Row 2: Department of Agriculture, Commerce, Defense, Education, Energy, etc.
72
How to measure Public Opinion
-Consensus Building?
73
Federal Register
-the official journal that contains government agency rules, proposed rules, and public notices. It is published every weekday, except on federal holidays.
74
Process of how cases are granted certiorari
-process by which a higher court reviews the decision of a lower court (an order)
75
How is the Chief Justice chosen
-appointed by the president with the advice and consent of the Senate and has life tenure. His primary functions are to preside over the Supreme Court in its public sessions when the court is hearing arguments and during its private conferences when it is discussing and deciding cases
76
Types of Federal Courts
- Tax courts
- District courts
- Territorial Courts
- Federal Regulatory Agencies
77
Rule of Four
-a practice that permits 4 of the 9 justices to grant writ of certiorari
78
Number of cases the court grants certiorari
- 75-85 cases a year, the court grants complete hearings and produces full written opinions
79
Regulatory Capture Theory
- explains the National Transportation Safety Board
| - -the people who go out to investigate train crashes etc.
80
Judicial Activism
- rulings that are suspected of being based on personal opinion, rather than on existing law
81
Judicial Restraint
-interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional
82
Number of Presidential Appointments
-15
83
Article I
-Necessary and Proper Clause
84
Article II
-Powers of the President
85
Article III
-Judicial Power is vested in ONE Supreme Court
86
Article VI
-establishes the laws and treaties of the United States made in accordance with it as the supreme law of the land, forbids a religious test as a requirement for holding a governmental position, and holds the United States under the Constitution responsible for debts incurred
87
Enumerated Powers
- specific powers that the constitution grants the federal government
- power to tax, regulate commerce, post offices, admitting new states, declaring war
88
10th Amendment
- defining the balance of power between the federal government and the states
- the fed ONLY has the powers granted to them by the constitution
- added into the Bill of Rights
89
10th Amendment
- defining the balance of power between the federal government and the states
- the fed ONLY has the powers granted to them by the constitution
- added into the Bill of Rights
- reserved power
90
Barron v. Baltimore
-the Supreme Court confirmed Dual Federalism, in which the rights of US citizens under the Bill of Rights did not apply to that same person under state law
91
Lawmaking
- they draft, debate, hold hearings and vote on legislation
| - a majority of the legislation that is drafted comes from other sources (president/executive agencies/interest groups)
92
Constituent Services
- members of congress are liaisons between federal government and their constituents. they handle case work on a variety of issues
- -introducing, monitoring and tracking legislation that effects their constituents
93
Setting the Agenda
- members of congress decide what issues they will discuss, debate and pass
- this depends upon: senate/house parties, the president, constituents, special interests, the economy, the media
94
Oversight
- in the implementation of the laws and programs that they pass into legislation
- MOC make sure that they hold hearings, request reports and monitor the implementation of the agencies
95
Filibuster
- A senator who gains the floor may go on talking until he or she gives up their right to talk voluntarily or through exhaustion
- right to unlimited debate
- allows senators to block or delay a measure even if they are in the minority and do not have enough votes to defeat it
96
Rules Committee
-gate keepers for bad bills from reaching the House floor
97
Congressional Committee
- most of the work in Congress is conducted here
- 20 House with 35-40 members
- 16 Senate with 17-20 members
98
17th Amendment
-stated that senators would be elected by state legislatures
99
20th Amendment
- sets the date for when federal government elected offices end
- who succeeds the president if he dies
100
The Federalist No. 78
- Hamilton called the judiciary the "least dangerous"
101
federalist No. 10
-as long as people have different; opinions, monetary wealth etc they will continue to align/ally themselves with those of similar ideologies, meaning they may work against the public interest
102
Federalist No. 51
- addresses means by which appropriate checks and balances can be created in government
- advocates a separation of powers within the national government
103
Senate elections
- hold position for 6 years
| - every 2 years membership is up for 1/3 of the senators
104
House elections
-serve 2 year terms
105
latent opinion
-an opinion formed on the spot
106
measure public opinion
-mass surveys
107
earmarks
-federally funded local projects attached to bills passed through congress
108
party unity
-the extent to which members of Congress in the same party vote together on party votes
109
standing committee
-are a permanent part of the House or Senate created to address a specific issue for one or two terms
110
Going Public
-a presidents use of speeches and other political communications to appeal directly to citizens about issues the president would like the House and Senate to act on
