Chapters 4 & 5 (Congress/the President) Flashcards

1
Q

Bargaining and persuasion

A

Informal power that enables the president to secure presidential action.

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2
Q

Commander-in-Chief

A

The name for the president in the Constitution that reflects the president’s strong control over the military.

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3
Q

Formal powers

A

Powers for the presidential office defined in Article II of the Constitution.

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4
Q

Executive agreement

A

A contract between two heads of state that resembles a treaty but does not require Senate approval.

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5
Q

Executive order

A

The ability of the president to carry out a law or administer the government.

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6
Q

Executive privilege

A

The right of a president to withhold information or decision-making processes from another branch of government.

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7
Q

Informal powers

A

Political powers of the president interpreted to be inherent in the office to achieve policy goals.

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8
Q

Line-item veto

A

The power of an executive to eliminate a line of spending from an appropriations bill or budgeting measure, allowing the president to veto part of the bill.

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9
Q

Pocket veto

A

When a president receives a bill in the final 10 days of a congressional session and does nothing, causing the bill to die.

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10
Q

Policy agenda

A

A set of issues that are significant to the people involved in policymaking.

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11
Q

Signing statements

A

Statements added onto a bill while it is signed into law that explain a president’s interpretations and understanding of the bill or let them simply add commentary.

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12
Q

Veto

A

The ability of a president to reject a bill proposed by Congress.

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13
Q

Bully pulpit

A

A prominent stage used by the president to speak out to American citizens and pitch their ideas and views. This term was first used by Theodore Roosevelt. The bully pulpit can help the president implement his ideas and policies into Congress, as he persuades American citizens, who then pressure their representatives and/or vote for candidates that will fulfill these issues.

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14
Q

State of the Union Address

A

A communication from the president to Congress in which they report on the current condition of the United States and provide policy proposals for the upcoming legislative year.

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15
Q

Describe specific events that led to Shaw v. Reno

A

After submitting one majority-minority district, North Carolina was instructed to create a second majority-minority district to provide more representation to black voters. However, North Carolina’s 12th district was oddly-shaped in an attempt to connect black populations within the area. 5 white voters sued the state legislature, stating the 12th district violated the 14th Amendment’s Equal Protection Clause.

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16
Q

Describe the Supreme Court’s ruling of Shaw v. Reno

A

The Supreme Court ruled that while the district was “race-neutral” in intent, it’s bizarre and oddly-drawn shape could not be explained nor justified, other than an attempt to separate voters based on race. The court held that both race could not be a primary consideration when legislative districts are redrawn, and said districts cannot be bizarrely shaped.

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17
Q

Constitutional requirements for the president

A
  • Must be a natural-born citizen
  • Must be at least 35 years old
  • Must have been a resident of the United States for at least 14 years
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18
Q

Presidential terms (length + amendments)

A
  • Presidents serve 4-year terms, and can serve in office twice (10 years total)
  • The 22nd Amendment limited the president to 2 terms after Franklin Delano Roosevelt served 4 terms
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19
Q

The 25th Amendment and the Vice President

A
  • The 25th Amendment states that the candidate that the president chooses to be as their vice president must be approved by Congress through a simple majority
  • The vice president may also become acting president if the president dies or leaves office
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20
Q

Presidents that have been impeached

A
  • Andrew Johnson (1868)
  • Bill Clinton (1998)
  • Donald Trump (2019 and 2021)
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21
Q

List of the formal powers of the president

A
  • Commander-in-Chief
  • Grant reprieves or pardons (except in cases of impeachment)
  • Appoint ambassadors, Cabinet members, and judges/justices
  • Veto
  • Convene Congress in special sessions
  • Negotiate treaties
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22
Q

List of the informal powers of the president

A
  • Bargaining and persuasion
  • Signing statement
  • Executive agreement
  • Executive order
  • Executive privilege
23
Q

Federalist No.70

A

One of the 85 essays written for the Federalist Papers that details the importance of a singular executive and the benefits said executive would have on the government.
- A single executive, directly accountable to the people, would best secure the safety of the republic
- Strong nations have strong executives: The president doesn’t work under Congress, but with Congress

24
Q

Advice and consent

A

The power of the Senate to recommend or reject major presidential appointees.

25
Q

Bicameral

A

Two-house legislature

26
Q

Caucuses

A

Groups of like-minded people within Congress.

27
Q

Coalitions

A

A combination of groups of people who work together to achieve a political goal.

28
Q

Enumerated power

A

A limited number of specific powers assigned to Congress in the Constitution.

29
Q

Implied powers

A

Powers that are not explicitly stated for Congress in the Constitution but are allowed under the necessary and proper clause.

30
Q

House of Representatives

A

The lower chamber of Congress, where the number of representatives is determined by a state’s population. There are 435 representatives in total.

31
Q

Necessary and proper clause

A

The power of Congress to make any and all laws deemed essential to the function of the nation. Congress can also make any additional laws that take care of the items of the enumerated powers.

32
Q

Power of the purse

A

The first enumerated power, or the power to raise revenue.

33
Q

Senate

A

The upper house of Congress, where the number of senators is equal for every state. There are 100 senators in total.

34
Q

17th Amendment (1913)

A

A constitutional amendment that gives people of the states the right to elect their senators. Originally, this responsibility fell on state legislatures.

35
Q

War Powers Act (1973)

A

A law passed by Congress requiring the president to inform Congress within 48 hours of committing US forces to combat. Additionally, Congress must vote within 60 days to approve any military force and its funding.

36
Q

Committee of the Whole

A

A committee unique to the House, where all representatives are present, and the House rules are relaxed, compared to an actual committee.

37
Q

Types of committees

A
  • Conference committee: A temporary committee that is created when a bill passes in both houses but is in slightly different forms.
  • Select committee: Temporary committees formed to perform a particular study or investigation.
  • Joint committee: Committees with members of both houses that address a long-term issue or program.
  • Standing committee: A permanent committee established in Congress that usually focuses on a specific policy area.
38
Q

The House Rules Committee

A

A committee unique to the House that is very powerful, due to its ability to control what happens to bills and debates. The House Rules Committee has great power in deciding what issues or bills will be brought forth in the House, and what members will vote on. This greatly affects how procedure will go within the House.

39
Q

The House Ways and Means Committee

A

A committee exclusive to the House that determines tax policy within the House. This committee is always the first to outline when proposals are put forth to raise or lower taxes.

40
Q

Senate Finance Committee

A

Similar to the House Ways and Means Committee, the Senate Finance Committee writes tax codes which are subject to all of Congress’ approval.

41
Q

Senate Judiciary

A

A committee that considers legislation dealing with issues such as civil liberties, constitutional amendments, federal courts, immigration, and civil and criminal laws.

42
Q

Describe the specific events that led to Baker v. Carr

A

At the time of Baker, in 1962, Tennessee had failed to redraw its districts since 1901, despite it’s constitution stating that it must redraw them every 10 years. Charles Baker then sued Joe Carr, the Secretary of State for Tennessee, stating that because of the state’s failure to redraw district lines, rural areas in Shelby Country (the place where Baker was mayor) were overrepresented, despite urban areas being more heavily populated.

43
Q

Describe the Supreme Court’s ruling of Baker v. Carr (1962)

A

The Supreme Court ruled in a 6-2 decision that legislative redistricting was a matter that the Supreme Court could weigh in on, as the 14th Amendment’s Equal Protection Clause allowed judicial intervention in Tennessee per their districts.

44
Q

Roles and rules of the House of Representatives

A

Roles:
- Elects the president when there is no majority in the Electoral College
- Begins impeachment hearings
- Introduces money bills regarding appropriations and taxes
Rules:
- Must be 25
- Must have been a US citizen for at least 7 years
- Term length: 2 years
- Number of representatives is determined by state census
- Strict and limited rules for debate

45
Q

Roles and rules of the Senate

A

Roles:
- Elects the vice president if there is no majority in the Electoral College
- Holds impeachment trials
- Approves or rejects treaties proposed by the president
- Confirms or rejects a president’s choices of ambassadors, cabinet officials, federal judges, etc.
Rules:
- Must be 30
- Must have been a US citizen for at least 9 years
- Term length: 6 years
- 2 senators from each state
- Unlimited ruling for debate; able to filibuster

46
Q

Powers of Congress

A
  • Legislative powers:
    ○ Expressed powers
    ○ Implied powers
    ○ Limitations on powers
    • Non-legislative powers:
      ○ Amendment powers
      ○ Impeachment
    • Exclusive powers to the Senate:
      ○ Power to approve presidential appointments and treaties
    • Power to override a veto:
      ○ 67 to override in the Senate
      ○ 290 to override in the House
47
Q

Roles of Congress

A
  • President of the Senate: Vice President, who votes if there is a tie
  • Speaker of the House: The presiding officer in the House elected by the majority party.
  • President pro tempore: A temporary president of the Senate, if a vacancy occurs. This position is held by the senior member of the majority party.
  • Whip: The deputy leader who is in charge of party discipline
  • Majority leader: Major assistant to the Speaker & from the political party with the most members in the House
  • Minority leader: Major spokesperson for the political party with less members in the House
48
Q

Legislative tactics

A
  • Filibuster: A tactic used by Senators to stall or kill a bill by speaking for a very long time on the floor for debate.
  • Caucuses: Groups of like-minded people who share interests within Congress
  • Logrolling: Supporting someone’s bill as they supported yours.
49
Q

How a bill becomes a law: 1st step

A
  • A member of the House or Senate formally introduces a bill
    **Vast majority of bills never become laws
50
Q

How a bill becomes a law: 2nd step

A
  • Bills are assigned to committees based on topic
  • Committees and subcommittees will hold hearings to gather information about a bill
  • Subcommittee: More narrowly focused group of lawmakers operating under the guidance of a parent committee
  • Markup sessions will make changes to a bill
    **Committees are graveyards for most bills
51
Q

Discharge petition

A

A motion filed by a member of Congress to move a bill out of a committee and onto the House floor

52
Q

How a bill becomes a law: 3rd step

A
  • If a bill makes it out of a committee, it goes to both houses for a full vote. Majority in both houses must approve it
53
Q

How a bill becomes a law: 4th step

A
  • Conference committee will reconcile both versions of the bill from both houses into one
  • Floor action: Bill goes back from the conference onto both floors of Congress for a vote.
54
Q

How a bill becomes a law: 5th step

A
  • President can either sign or veto a bill
  • If the president vetoes, the bill goes back to both houses and they can either vote to override the veto or start the legislative process again