Chap 4-7 Flashcards

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1
Q

The Powers of Congress

A

Lawmaking, budgeting, & exercising oversight of fed bureaucracy & other public officials

Legislative Authority: Most important power of congress is ability 2 pass laws in areas of nat policy

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2
Q

legislative checks on executive

A
  • impeach the president (issued by majority vote in the House, 2/3 vote in senate to remove and convict)
  • Ratifies treaties with a 2/3 vote in senate
  • Override presidential veto with ⅔ vote in each chamber
  • Approval of judges, cabinet members, + heads of executive branch offices (majority vote in senate)
  • Prez must have majority support of congress 2 pass laws, create + fund programs
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3
Q

leg check on judicial

A

-determine # of supreme court justices

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4
Q

Pork barrel spending

A

leg that directs specific funds to projects w/in district states

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5
Q

Logrolling

A

trading of votes on leg by members of Congress to get their emarks passed by leg

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6
Q

Earmark

A

allocation of money to specific projects in states or congressional districts

  • Popular w/ Senators and representatives who can take credit for bringing the money home
  • criticized for putting needs of a few beneficiaries ahead of the nation as a whole
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7
Q

Oversight

A

congress oversees executive branch ensures that they are acting legally and in accordance w/ nat goals

  • authority to ensure that laws are implemented in the way congress intended
  • investigate the prez , other members executive branch, bureaucracy, elected/appointed officials for wrongdoing
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8
Q

apportionment

A

determining the # of reps for each state using census dat

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9
Q

Redistricting:

A

re-drawing the congressional districts

-done by State legislatures

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10
Q

Gerrymandering

A

the intentional use of redistricting to benefit a specific interest or group of voters ;drawing congressional districts so that someone has an advantage

partisan, racial/ethinic

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11
Q

Majority-minority districts

A

-district in which voters of a minority ethnicity make up the electoral majority w/in that electoral district
-created by racial/ethnic gerrymandering
(ncrease likelihood of electing members os racial +ethnic minorities as representatives by concentrating voters of minority ethnicity)

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12
Q

Malapportionment

A

the uneven distribution of the pop among leg districts; UNCONSTITUTIONAL violates that equal protection clause of 14th amendment

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13
Q

Incumbency advantage

A

advantages held by those already in office

  • name recognition: media coverage; franking privileges (mail constituents w/out paying postage)
  • credit claiming: claim credit for work they have already done in their position; earmarks
  • funding: Political Action Committees (PACs) more likely to fund, already established donor network
  • representing “safe” districts: gerrymandered districts that were created for them (advantage 2 repub or dem)
  • helped constituents with casework
  • weak/fewer opponents

advantages are greater in house of rep than senate

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14
Q

Speaker or the house:

A

leader of house of rep, chosen in an election by its members; only House Leadership position described in the Constitution; beginning of each new congress (every 2 years) elected; 2nd inline for succession after vice prez

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15
Q

House Majority leader

A

person 2nd in command of the house of reps
-ensure party unity and discipline; collects info about how individual mems r planning 2 vote, corralling support on key votes + setting party starts in congress

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16
Q

leadership in senate

A

VP

Senate majority leader

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17
Q

joint committee

A

members of both house and senate; focus public attention on an issue, gather info for congress, or help party leaders speed things along in leg process

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18
Q

standing committee

A

consider leg and exercise oversight of bureaucratic agencies, usually recommending funding lvls 2 them; divided into subcommittees

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19
Q

conference committee

A

temporary joint committee resolving differences between house and senate versions of a bill; required by constitution before prez can sign bill into law

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20
Q

select/special committee:

A

temporary called upon to investigate issue/response to crisis or scandal

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21
Q

leg process

A

formal intro–> Referral to committees –> Floor consideration–>Resolution of differences between house and senate bills (conference committee)—> prez action

goes through house of reps and senate!

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22
Q

bills in committee

A
  • most bills die here; may reject bill by vote or table the bill w/ no further action
  • info gathered, changes can be made b4 sent 2 floor
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23
Q

Discharge petition:

A

a motion filed by a mem of congress to move a bill out of committee and onto the floor of the House of Reps for a vote
-rarely successful but used to put pressure on committee

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24
Q

what shapes a bill

A
  • congressional staff
  • prez: threat of veto
  • interest groups
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25
Q

House Rules Committee:

A

sets rules for debate and vote on house floor (how long the debate will last and whether amendments will be allowed as…)

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26
Q

hold

A

delay placed on legislation by a senator who objects 2 a bill

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27
Q

Unanimous consent agreement:

A

agreement in senate that sets the terms for the consideration of a bill

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28
Q

Filibuster:

A

tactic through which an individual senator may use the rights of an unlimited debate in delay a motion or postpone action on a piece of legislation

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29
Q

Cloture:

A

end filibuster in senate w/ 60 votes

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30
Q

prez action on bill

A

sign, veto, or inaction

  • doesn’t sign w/in 10days while congress is in session automatically becomes a law
  • Veto: reject bill passed by congress, sending it back to the originating branch w/ objections; ⅔ in both chambers can override
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31
Q

Entitlement program

A

a program that provides benefits for those who qualify under the law, regardless of income; promised benefits 2 those who qualify
ex. social security, medicare…

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32
Q

Mandatory spending:

A

spending required by existing laws that is locked in budget (entitlement programs)

33
Q

Budget surplus & deficit

A

surplus: amount of money remaining when gov takes in more than it spends

Budget deficit: the shortfall when a government takes in less than it spends

34
Q

National debt:

A

the total amount of money owed by the federal government (deficits added up over years)

35
Q

Delegate role:

A

the idea that the main duty of a member of congress is to carry out the constituents wishes

36
Q

Trustee role:

A

the idea that members of congress act as trustees, making decisions based on their knowledge and judgment

37
Q

Politico role:

A

representation where members of congress balance their choices with the interest of their constituents and parties making decisions

38
Q

divided government

A

control of the presidency and one or both chambers of congress split between the 2 major parties

39
Q

Lame duck period:

A

period @ end of prez term when Congress may block presidential initiatives and nominees
prez influence not as strong

40
Q

roles of prez:

A
  • chief executive:carries out laws of the nation, overseas large and complex system of agencies and bureaucracies
  • commander in chief:of army and navy and militia of several states
  • leg leader
  • party leader
  • chief diplomat: guiding foreign policy and interacting w/heads of foreign nations
  • Chief of economy: Wrongfully takes credit for good or bad econ when they don’t play much roll in it
  • Crisis manager
  • Head of state: ceremonial position
41
Q

Treaty:

A

agreement w/ forgein gov negotiated by prez and requiring ⅔ vote in senate 2 ratify
(cheif diplomat)

42
Q

State of union address:

A

annual prez speech to congress updating branch on state of nat affairs
(cheif leg)

43
Q

Pocket veto:

A

informal veto caused when prez chooses not 2 sign a bill w/in 10 days during time when congress has adjourned at the end of session (cheif leg)

44
Q

Presidential pardon:

A

prez authority 2 release individuals convicted of crime from legal consequences + set aside punishment for a crime; usually in the final days of office ( cuz controversial)

45
Q

Executive privilege:

A

right claimed by Prez to keep certain conversations, records, and transcripts confidential and away from Congress

46
Q

Executive agreement:

A

agreement between the Prez and another nation that does not have the same durability, but doesn’t have to be signed by Congress

47
Q

Signing statements:

A

written comments issued by Prez while signing a bill into law that usually consists of political statements or reasons for signing the bill, but that may also include the President’s interpretation of the law.
-Can cause concerns about Prez overstepping authority into the lawmaking aspect of Congress

48
Q

Executive orders:

A

policy directives issued by Presidents that do not require Congressional approval.

49
Q

judicial review

A

Supreme court can overturn executive orders and other prez action that violate const
(judicial check on prez)

50
Q

War powers resolution (1973):

A

restricting power of prez to maintain troops in combat for more than 60 days w/out congressional authorization ; limits power of prez as commander in chief

51
Q

Bully Pulpit:

A

Presidential appeals to the public to pressure other branches of government to support his or her policies

52
Q

Going public:

A

a tactic through which presidents reach out directly to the people, who will, in turn, pressure their elected officials

53
Q

Federal judiciary:

A

branch of fed gov that interprets laws of the nation

54
Q

Supreme court:

A

highest level of fed judiciary; established in Article 3 of constitution

55
Q

Original jurisdiction:

A

authority of a court to act as the first court to hear a case, which includes the finding of facts in the case (aka trial courts); evidence presented here

56
Q

Appellate jurisdiction:

A

authority of a court to hear and review decisions made by lower courts in that system; can overturn decisions

57
Q

Writ of certiorari:

A

document calling a case up from a lower court to a higher court

58
Q

Judicial review:

A

authority of SP to strike down a law or executive action if it conflicts w/ the constitution

59
Q

organization of fed courts

A

(upper 2 lower)
SP
Federal court of appeals: review and hear appeals from the federal district court
Federal district courts: these courts usually have original jurisdiction in cases that start at the fed level

60
Q

Precedent:

A

judicial decision that guides future courts in handling similar cases

61
Q

State decisis:

A

practice of letting a previous legal decision stand; avoid creating new precedent

62
Q

Judicial restraint:

A

philosophy of constitutional interpretation that justices should be cautious in overturning laws.
(undemocratic consequences of going against majority + declaring laws unconst is more authoritative if used sparingly + justices are not policy specialists)

63
Q

Judicial activism:

A

philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies; protects rights of minorities

64
Q

Fed bureaucracy:

A

departments & agencies w/in the executive branch that carry our laws of nation; key implementer of policy; main function is implementation; acts as a court to settle disputes between parties

65
Q

organization of bureaucracy

A
  • cabinet departments: high level; overseeing the bureaucracy; appointed by president
  • independent regulatory commissions: responsible for making and enforcing rules to protect the public interest in some sector of the econ and for judging disputes over these rules
  • government corporations: (ex. postal service; amtrak)
  • the independent executive agencies: (corps social security administration, NASA..)
66
Q

implementation:

A

putting into action laws that congress passed (main job of b)

67
Q

bureaucratic discretion

A

since policies r vague bureaucrats have some power to decide how a law is implemented
-create new agency or assign new responsibility to old agency, develop guidelines, coordination of resourcesresources

68
Q

Y bureaucracies fail:

A
  • Bad design
  • lack of clarity
  • Administrator’s dispositions: if a head doesn’t believe it they won’t enforce it
  • lack of resource/ coordination of resources
  • fragmentation: responsibility for a policy is spread over so many ppl that accountability is hard
69
Q

Regulation:

A

use of governmental authority to control or change some practice in the private sector.
critics believe it drives up prices and hurts america’s competitive posittion

70
Q

Deregulation:

A

the lifting of government restrictions on business, industry and professional activities.
critics believe it fails 2 protect public (ex. against severe environmental damage)

71
Q

How can prez control Bureaucracy:

A
  • appoint the right ppl ro head the agency
  • executive order
  • fire and hire
  • budget proposal and approval
  • reorganize an agency
72
Q

How can congress control Bureaucracy:

A

-Influence appt agency heads (cuz they confirm)
-Alter an agency’s budget
-Hold hearings
-rewrite leg or make it more detailed
(oversight)

73
Q

iorn triangle

A

coordinated and mutually beneficial activities od the bureaucracy, congress, and interest to achieve shared policy goals

74
Q

issue network

A

webs of influence between interest groups, policymakers, and policy advocates

75
Q

Marbury v. Madison

A
  • judicial review*
    Marbury appointed as judge @ end of prez term; commissions never sent out cuz secretary assumed his successor would but madison was ordered not 2; Marbury ask SP to issue writ of mandamus (order deliv of commission)

Q: dies Marbury have right to his commission & can he sue fed gov? (yes) does sP have authority to order deliv of commissions? (no)

-Sp doesn’t have power to order commissions cuz part of Fed Judicary Act of 1789 was unconst

76
Q

Baker v. Carr

A

redistricting
malapportionment in Tennessee (less rep for urban places w/ more pop); voter believed these districts unconst under 14th A: equal protection clause; tennesse argued fed courts lacked authority to decide case cuz it was “political Q”

Q: do fed courts have power to decide causes about the apportionment of pop into state leg districts

fav of Baker:
-fed courts have authority to enforce requirement of EQUAL PROTECTION LAW against state leg; const guarantee of equal protection

77
Q

Shaw v Reno

A

racial gerrymandering
in efforts to elect African American person 2 house of reps, N Carolina gerrymandered majority-minority districts; white voter argued redistricting was motivated by racial discrimination

Q: Did claim that N Carolina’s redistricting plan discriminated on basis of raise valid constitutional issue under 14th A: equal protection clause?

fav of shaw:

  • 14TH A: EQUAL P CLAUSE
  • “classification of citizens predominantly on basis of race are undesirable in free society and conflict w/ American political value of equality “
78
Q

fed 70

A

argues for need of energetic singular executive to

energetic executive: UNITY, duration (prez in position 4 long time), adequate provision + support, competent powers

singular> plural:

  • more than 1 decreases ability 2 make strong decisive action
  • 1 easier for public to keep watch over+ hold executive responsible
  • disagreement between more than 1 executive–> division amongst public (easier to keep unity under 1)
79
Q

fed 78

A

responds to anti fed concerns arguing judiciary branch would be unlikely to infringe upon rights & libs

  • life long appointment and protected salary will eliminate party influence (insulated)
  • weakest branch, realises on other branches; serves instead as check on other 2