Congress/Bureaucracy/Exec Flashcards
Alexander Hamilton 1788; small states want plural executive. He thought there should be a single Executive because it would be more stable and easier for the people to keep up with. Energy and executive, duration of term, unity
Federalist 70
Argues that separation of powers within the national government is the best way to prevent the concentration of power in the hands of one person or a single group.
Federalist 51
Section of the Constitution laying out powers and responsibilities of the Executive Branch
Article 2 of the Constitution
Amendment that created a 2 term limit on presidents.
22nd Amendment
(1) Succession of VP if president dies or become incapable to do his job.(2) if there is no VP, president must appoint one, and congress must approve
25th Amendment
a rule or order issued by the president to an executive branch of the government and having the force of law.
executive order
A formal agreement between the U.S. president and the leaders of other nations that does not require Senate approval.
executive agreement
the effort by Congress, through hearings, investigations, and other techniques, to exercise control over the activities of executive agencies
oversight
Passed in 1883, an Act that created a federal civil service so that hiring and promotion would be based on merit rather than patronage.
Pendleton Civil Service Act
the ability to use the office of the presidency to promote a particular program and/or to influence Congress to accept legislative proposals
Bully Pulpit
the person who oversees the operations of all White House staff and controls access to the president
chief of staff
Decides how the laws of the US are to be enforced and choosing officials and advisors to help run the Executive Branch
Chief Executive
the president’s executive role as the head of federal agencies and the person responsible for the implementation of national policy
Chief Administrator
term for the president as architect of public policy and the one who sets the agenda for congress
Chief Legislator
The President as the main architect of American foreign policy and the nation’s chief spokesperson to other countries
Chief Diplomat
The role of the president as supreme commander of the military forces of the United States.
Commander in Chief
The President is the head of their political party.
Party Chief
term for the President as the ceremonial head of the United States, the symbol of all the people of the nation
Chief of State
Chief executive’s power to reject a bill passed by a legislature
veto
presides over the Senate, decides on Presidential disability
Vice President
Charges against a president approved by a majority of the House of Representatives
impeachment
Those to which bills are referred for consideration. They are so called because they continue from one Congress to the next. They consider issues roughly parallel to those of the departments represented i the president’s Cabinet. For example, there are these committees on agriculture, education, the judiciary, veterans’ affairs, transportation, and commerce.
Standing Committee in Congress
Also known as Special Committees. Temporary committees appointed for specific purposes, such as investigating the 9/11 terrorist attacks or examining then Secretary of State Hillary Clinton’s actions on Benghazi or her use of a private email server. These committees can be very partisan.
Select Committee in Congress
Special joint committees created to reconcile differences in bills passed by the House and Senate. This type of committee comprises members from the House and Senate committees that originally considered the bill.
Conference Committee in Congress
Standing committees that include members from both houses of Congress and are set up to conduct investigations or special studies. They focus public attention on major matters such as the economy, taxation, or scandals.
Joint Committee in Congress
How does Congress provide stability and accountability in the federal government?
Congress must agree before the country goes to war and can balance out the President’s power to veto by overriding it with a 2/3 vote.
A constitutionally mandated structure that gives each of the three branches of government some degree of oversight and control over the actions of the others.
Checks and Balances
What is the role of the Speaker of the House?
The only officer of the House of Representatives specifically mentioned in the Constitution, the chamber’s most powerful position, traditionally a member of the majority party.
What is the role of the Majority/Minority floor leaders?
The heads of the parties that are in the majority or minority in the House of Representatives or the Senate.
What is the role of Majority/Minority whips?
Party leaders who keep close contact with all the members of their party, takes vote counts on key legislation, prepares summaries of bills, and acts as a communications link within a party.
What is the role of the Committee Chairman?
Responsible for making sure that each meeting is planned effectively, conducted according to the constitution, and that matters are dealt with in an orderly, efficient manner.
What is the role of the Senate President Pro Tempore?
The official chair of the Senate, usually the most senior member of the majority party.
What are the differences between the House and the Senate?
House members must be twenty-five years of age and citizens for seven years. Senators are at least thirty years old and citizens for nine years. Another difference is who they represent. Senators represent their entire states, but members of the House represent individual districts.
What affect does gerrymandering have on the House of Representatives?
Affects elections for the House of Representatives.
What is the incumbency advantage?
For most political offices, the incumbent often has more name recognition due to their previous work in the office. Incumbents also have easier access to campaign finance, as well as government resources (such as the franking privilege) that can be indirectly used to boost the incumbent’s re-election campaign.
How does the incumbency advantage affect the make up of Congress?
Congress members running for reelection have the incumbency advantage and are therefore more likely to be elected.
What is the legislative process? How does a bill become a law?
After both the House and Senate have approved a bill in identical form, the bill is sent to the President. If the President approves of the legislation, it is signed and becomes law. If the President takes no action for ten days while Congress is in session, the bill automatically becomes law.
A procedure by which a senator asks to be informed before a particular bill or nomination is brought to the floor. This request signals leadership that a member may have objections to the bill or nomination and should be consulted before further action is taken.
Legislative Process: Hold
An additional provision added to a bill or other measure under the consideration by a legislature, having little connection with the subject matter of the bill.
Legislative Process: Riders
Considers all bills reported from policy and fiscal committees and determines whether, and in what order, to schedule their consideration on the floor of the House.
Legislative Process: Rules Committee
A formal way of halting Senate action on a bill by means of long speeches or unlimited debate.
Legislative Process: Fillibuster
Mechanism requiring the vote of 60 Senators to cut off debate.
Legislative Process: Cloture
An elected representative who listens to constituents’ opinions and then uses their best judgement to make a final decision.
Trustee member of Congress
A representative who votes the way their constituents would want, regardless of personal opinions. May refer to an elected representative to Congress or a representative to the party convention.
Delegate member of Congress
A committed member of a political party or army. In multi-party systems, the term is used for persons who strongly support their party’s policies and are reluctant to compromise with political opponents.
Partisan member of Congress
An elected representative who acts as a trustee or as a delegate, depending on the issue.
Politico member of Congress
The loose and informal relationships that exist among a large number of actors who work in broad policy areas.
Issue Networks
The merit system by which many federal bureaucrats are selected.
Civil Service
To advise the President on any subject he may require relating to the duties of each member’s respective office.
What is the role of cabinet agencies?
Tasked with administering laws and federal regulations that apply to specific areas such as the environment, social security, homeland security, education, and veteran affairs.
What is the role of independent agencies?
Independent of the executive departments, yet considered part of the executive branch. These agencies are meant to impose and enforce regulations free of political influence.
What is the role of independent regulatory agencies?
Businesses established by Congress to perform functions that private businesses could provide, such as the US Postal Service and Amtrak. Often established when the financial incentives for private industry to provide services are minimal.
What is the role of government corporations?
These informal powers include legislating by rulemaking; executing by implementation; and adjudicating by hearing complaints, prosecuting cases, and judging disputes.
What are the informal powers bureaucratic agencies have to carry out their functions?
A quasi-legislative process resulting in regulations that have the characteristics of a legislative act.
Rule-making
A quasi-judicial process in which a bureaucratic agency settles disputes between two parties similar to the way courts resolve disputes
Administrative adjudication
Both Congress and the president exercise direct oversight over the bureaucracy by holding hearings, making appointments, and setting budget allowances. Citizens exercise their oversight powers through their use of the Freedom of Information Act (FOIA) and by voting.
How does the oversight function of Congress affect the Bureaucracy?
In addition to writing the legislation that creates federal agencies in the first place the Congress also controls the bureaucracy through its budget. The power of the purse is an important tool when disciplining the federal bureaucracy.
How does the legislative branch hold the bureaucracy accountable?
The president appoints agency directors and subheads (with Senate approval), issues executive orders compelling an agency to do/not do something, and either increases or decreases an agency’s budget (through the Office of Management and Budget).
How does the President hold the bureaucracy accountable?
It can exercise control by making rulings, overturning or supporting acts taken under an agency’s rule-making, or by rule-adjudication authority.
How does the judiciary branch hold the bureaucracy accountable?
responsible for the administration of broad areas of government operations.
The fifteen largest and most influential agencies of the federal bureaucracy (e.g., Department of State, Treasury, Justice…) Headed by Secretary or Attorney General (Department of Justice)
cabinet departments
governmental units that closely resemble a Cabinet department but have narrower areas of responsibility and perform services rather than regulatory functions
Examples include the National Aeronautics and Space Administration (NASA) and the Environmental Protection Agency (EPA)
independent executive agencies
A government agency with responsibility for making and enforcing rules to protect the public interest in some sector of the economy and for judging disputes over these rules.
Examples include the Federal Communications Commission (FCC) and the Securities and Exchange Commission (SEC)
independent regulatory commission
A government agency that operates like a business corporation, created to secure greater freedom of action and flexibility for a particular program.
Examples include the US Postal Service and the Tennessee Valley Authority (TVA).
government corporations
How are issue networks different than iron triangles?
Issue networks are broader than iron triangles, encompassing a larger group of actors who work in broad policy areas.
Authority given by Congress to the Federal bureaucracy to use reasonable judgment in implementing the laws.
administrative discretion
the application of rules and precedents to specific cases to settle disputes with regulated parties
administrative adjucation
the ability to use the office of the presidency to promote a particular program and/or to influence Congress to accept legislative proposals
bully pulpit
Veto power, command armed forces, pardoning power, appointment powers, make treaties, convene Congress
Formal Powers of the President
stronger executive branch, a political system in which the president is the central figure and participates actively in both foreign and domestic policy
modern presidency
(1) Succession of VP if president dies or become incapable to do his job.(2) if there is no VP, president must appoint one, and congress must approve
25th amendment
Limits the president to two terms
22nd amendment
The power to keep executive communications confidential, especially if they relate to national security.
executive privilege
President can be checked by several items:
Congress–War Powers Act (limits war powers) and Budget Impoundment Act (limits budget power
Courts–U.S. v. Nixon (1974) limits action of president (this involved executive privilege
Federalism
National elections–22nd Amendment limits president to 2 terms
Foreign governments–overseas crises sidetrack domestic initiatives
Media–“love-hate” relationship, can bring light to agenda, but also exposes President to criticism and scandals
Public opinion–popularity declines during a term, except during re-election campaigns, best chance to succeed is in first years in office
Impeachment
Presidents create a policy agenda but it may be shaped by the following institutions:
White House Office
Cabinet (Department of State, Defense and Treasury)
Obstacles in the public policy success come in two forms
public opinion and congress
Presidents have exercised their powers in accordance to their roles:
Chief Executive (formal power–expressed)
Commander in Chief (formal power–expressed)
Party Chief (informal)
Chief of State (informal)
Chief Legislator (veto, State of Union listed in Constitution)
Chief Diplomat (formal powers-expressed)
All federal agencies are known collectively as
The Federal Bureaucracy
the appointed officials who operate government agencies from day to day
bureaucrats
the group of people whose job it is to carry out the work of the government
Civil service
when did the bureaucracy grow
during the great depression
The constitutional power of Congress to raise and spend money. Congress can use this as a negative or checking power over the other branches by freezing or cutting their funding.
Power of the purse
holding hearings on agencies’ actions, acting when public demands it (fire-fighting) , can be used for partisan action
Committee investigations
Presidents’ oversight of agencies
Appointment/removal of agency heads
White House staff can recommend budgets for agencies to reflect priorities
Drafting executive orders
structures built into government to check the concentration of power in any single person or group, seen by the founders as a supplement to virtue. Madison discusses auxiliary precautions in Federalist 51 (checks and balances)
Auxiliary Precautions
Bureaucracies checks:
The President can:
Chief Administrator–give orders to agencies
Change scope of law enforcement (executive orders)
Congress can:
Investigative hearings
Change budget for agencies
Rewrite legislation affecting agency
Courts can:
Rule on cases affecting agencies, can shape policy through rulings
Can declare actions unconstitutional
the lower house of Congress, consisting of a different number of representatives from each state, depending on population
House of Representatives
the leader of the majority party who serves as the presiding officer of the House of Representatives
Speaker of the House
The chief spokesperson of the majority party in the Senate, who directs the legislative program and party strategy.
Senate Majority Leader
Distribution of representatives among the states based on the population of each state
Apportionment
The redrawing of congressional and other legislative district lines following the census, to accommodate population shifts and keep districts as equal as possible in population.
Redistricting
case that established one man one vote. this decision created guidelines for drawing up congressional districts and guaranteed a more equitable system of representation to the citizens of each state
Baker v. Carr
The Court ruled that although it was a legitimate goal for state legislatures to take race into account when they draw electoral districts in order to increase the voting strength of minorities, they may not make race the sole reason for drawing district lines.
Shaw v. Reno
a proposed law presented to a legislative body for consideration
bill
Process of redrawing legislative boundaries for the purpose of benefiting the party in power.
Gerrymandering
Powers of Congress
Article 1 Section 8
powers that congress has that are not stated explicitly in the constitution
implied powers
The principal leader of the minority party in the House of Representatives or in the Senate.
minority leader
Party leaders who work with the majority leader or minority leader to count votes beforehand and lean on waverers whose votes are crucial to a bill favored by the party.
Whips
The electoral advantage a candidate enjoys by virtue of being an incumbent, over and above his or her other personal and political characteristics
incumbency advantage
Benefit allowing members of Congress to mail letters and other materials postage-free
franking privilege
personal work done by a member of Congress for his constituents. This is seen as an important way of maintaining oversight of the bureaucracy and establishing a solid electoral base with constituents
Casework and Constituency Service
federal funds designated for special projects within a state or congressional district; also called earmarks or pork barrel legislation
Programatic Requests (earmarks)
A standing committee of the House of Representatives that provides special rules under which specific bills can be debated, amended, and considered by the house.
Rules Committee
A meeting of the members of a party in a legislative chamber to select party leaders and to develop party policy.
party caucus
A system of managing government through departments run by appointed officials
Bureaucracy
often called the Cabinet Departments, they are the traditional units of federal administration, direct communication with President
Executive Departments
agencies in the executive branch of the federal government formed by Congress to help enforce laws and regulations not covered by the executive departments
independent agencies
agencies of the executive branch of government that control or direct some aspect of the economy
regulatory commissions
the group of people whose job it is to carry out the work of the government
civil service
created a merit system for government workers.
Civil Service Act of 1883
A close relationship between an agency, a congressional committee, and an interest group
Iron Triangle
interest groups, scholars, and other experts that communicate about, debate, and interact regarding issues of interest and thus influence public policy when the legislature acts on those issues
issue networks (policy communities)
The power of Congress to review the policies and programs of the executive branch
oversight function
Intetest groups
Does not nominate, control lawmaking process
