Exam 2 Flashcards
What does congress often decide?
who gets what and has the power to alter many of the rules (or how) that determines who wins and loses
How did the framers decided the speed of congress?
designed to produce slow, carefully made law making decisions; a constitutional safe guard of check and balances
Representation
the efforts of elected officials to look out for the interests of those who elect them
National Lawmaking
the creation of policy to address the problems and needs of the entire nation
Who does congress typically favor?
congress typically favors their representative roles (because that is how they get re-elected) and national problems go unaddressed
Partisanship
loyalty to a political party or cause
Constituency
the voters in a state or district
What are the four types of representation?
policy representation, allocative representation, casework, and symbolic representation
Policy Representation
congressional work to advance the issues and ideological preferences of constituents
Allocative Representation
congressional work to secure projects, services, and funds for the represented district
Casework
legislative work on behalf of individual constituents to solve their problems with government agencies and programs
Symbolic Representation
efforts of members of congress to stand for American ideals or identity with common constituency values
Pork Barrel
public works projects and grants for specific districts paid for by general revenues
Collective Responsibility
congress should be responsible for the effectiveness of its laws and in solving national problems
Hyperpartisanship
a commitment to party so strong that it can transcend other commitments
Polarization
greater ideological (liber vs. conservative) differences between the parties and increase ideologial consensus within the parties
Bipartisanship
working with members of the opposite party; increasingly rare
Why does the House need for rules/hierarchy?
the house has 435 members while the senate has 100
Where are budget bills initiated?
in the House
What are some of the constitutional powers of congress?
raise and spend money for national gov., provide for economic infrastructure, foreign policy, declare war, ratify treaties, raise and support armed forces
Congress can pass bills but they do not become law unless…
1) president signs them or refrains from vetoing them 2) both houses of congress have 2/3 majority to override a presidential veto
Congressional Oversight
efforts by congress, especially through committees to monitor agency rule making, enforcement, and implementation of congressional policy
Reapportionment
a reallocation of congressional seats among the state every 10 years following the census
Redistricting
the process of dividing state in legislative districts
Gerrymandering
redistricting to benefit a particular group
What are the three kinds of gerrymandering?
pro-incumbent, partisan, and racial
Pro-Incumbent Gerrymandering
state legislation is so closely divided members can not agree to give an advantage to one party or another, so they agree to create districts that reinforce the current power structure by favoring the people who already hold the seats
Partisan Gerrymandering
the process by which districts are drawn to maximize the number of House seats a political party can win
Racial Gerrymandering
redistricting to enhance or reduce the chances that a racial or ethnic group will elect members to the legislature
What are some of the perks to being a congressperson?
travel allowances, $174,000 salary, ample staff, health and life insurance, and substantial pension
What are some of the offsets to being a congressperson?
work is awfully hard, expensive to keep up two homes, nonexistent job security
What is a key political asset?
experience
Incumbency Advantage
the electoral edge afforded to those already in office
Coattail Effect
the added votes received by congressional candidates of a winning presidential party
Midterm loss
the tendency for the presidential party to lose congressional seats in off year elections
What are the main leaderships in the House?
Speaker of the House, majarity leader, minority leader, and whips
Speaker of the House
the leader of the majority party who serves as the presiding officer of the House
Who is the presiding officer of the senate?
Vice President; who can cast a tie breaking vote when necessary
Whips
assist party leaders by finding out how people intend to vote, negotiate acceptable amendments, or employ favors
Seniority System
the accumulation of power and authority in conjunction with the length of time spent in office
What do committees do?
they act as the eyes, ears, and workhorses of congress in considering drafting and redrafting propose legislation; also check to see that executive agencies are carrying out the laws as congress intended
What are the four types of committees for congress?
standing, joint, select, and conference
Standing Committees
permanent committees reponsible for legislation in particular policy areas
Committees are typically divided into…
subcommittees that focus on detailed areas of policy
How many committees and subcommittees does the House and Senate have?
House: 20 standing and 104 sub
Senate: 16 standing and 72 sub
Select Committees
usually temporary, do not recommend legislature, used to gather information on specific issues
Joint Committees
combined House and Senate committees formed to coordinate activites and expedite legislation is certain areas
Conference Committees
temporary committees formed to reconcile differences in House and Senate versions of a bill
What are the 3 characteristics of Policy Making?
bills must be passed in identical form in both houses, fragmentation in policymaking, and the norms of conduct in each house
Legislative Agenda
the slate of proposals and issues that representatives think is worthwhile and to consider and act on
What is one way a issue can get on the legislative agenda?
a well publicized event even if the problem is not new at all
Basic Breakdown of a bill becoming law
bill introduced by members of congress; bill is referred to committee; in the house bills go from standing committee to rules committee and senate generally has “open rule”
Filibuster
practice of unlimited debate in the senate in order to prevent or delay a vote on a bill
Cloture
a vote to end a senate fillibuster; requires 3/5 majoirty or 60 votes
Omnibus Legislation
large bill that contains so many important elements that memeber can not afford to defeat it adn the president can not afford to veto it, even if the bill contains elements they dont like
Pocket Veto
presidential authority to kill a bill submitted within 10 days of the end of a legislative session by not signing it
Head of State
the apolitical, unifying role of the president as symbolic representation of the whole country
Head of Government
the political role of the president as leader of a political party and chief arbiter of who gets what resources
Impeachment
the process used to charge, try, and remove public officials for misconduct while in office
Chief Administrator
presidents executive role as the head of federal agencies to the person responsible for the implementation of national policy
Cabinet
presidential advisory group selected by the president, made up of the vice president, the heads of federal executive departments, and other high officials to whom the president elects to give cabinet status
Commander in Chief
the presidents role as the top officer of the countrys military establishment
Chief Foreign Policy Maker
the presidents executive role as the primary shaper of relations with other nations
Executive Agreement
presedential arrangment with another country that creates foreign policy without the need for senate approval
State of the Union Address
speech given annually by the president to a joint session of congress and to the nation annoucing the presidents agenda
Presidential Veto
presidents authority to reject a bill passed by congress
Executive Order
clarification of congressional policy, issued by the president and having the full force of the law
Signing Statements
statements recorded along with signed legislation clarifying the presidents understanding of the constiutionality of a bill
Solicitor General
Justice Department officer who argues the gov. cases before the supreme court
Pardoning Power
presidents authority to release or excuse a person from the legal penalities of a crime
Traditional Presidency
the founders vision of limited executive power
Inherent Powers
presidential powers implied but not explicitly stated in the constitution
Modern Presidency
the ongoing trand toward a higher degree of executive powers since the 1930s
Significance of Roosevelts Election
1932; first time national gov. assumed responsibility for the economic well being of its citizens on a substantial scale; resulted in people now turning towards the gov. for help
Expectations Gap
gap between popular expectations of what modern presidents can and should do and their constitutional powers to get things done
Cycle Effect
the predictable rise and fall of a presidents popularity at different stages of a term in office
What are the 3 factors that affects presidents popularity?
cycle effect, economy, and unifying or divisive current events
Divided Government
political rule split between two parties: one controlling the white house and the other controlling one or both houses of congress
Executive Office of the President (EOP)
collection of nine organizations that help the president with policy and political objectives (presidents own bureaucracy); serve to supply info, advice,etc
Office of Management and Budget
organization within the EOP that oversees the budgets of departments and agencies
Council of Economic Advisers
organization within the EOP that advises the president on economic matters
National Security Council
organization within the EOP that provides foreign policy advice to the president
Chief of Staff
person who oversees the operations of all white house staff and controls access to the president
Presidential style
image projected by the president that represents how they would like to be perceived at home and abroad
Bureaucracy
organization characterized by hierarchial structure, worker specialization, explicit rules, and advancement by merit; necessary to running a government
Red Tape
the complex procedures and regulations surronding bureaucratic activity
Spoils System
19th century practice of rewarding political supporters with public office
Patronage
system in which successful part candidates reward supporters with jobs or favors
Pendleton Act of 1883
civil services reform that required the hiring and promoting of civil servants to be based on merit, not patronage
Hatch Act
1939; law that limited the political involvement of civil servants in order to protect them from political pressure and keep politics out of the bureaucracy
What are the 3 categories of Federal Agencies
some deal with fundamental activities (such as dept. of defense); some developed in response to national problems and to meet the changing needs of the country as it industrialized and evolved into an urban society (such as dept. of interior); some developed in response to different clientele groups which want government to do something for them (such as dept. of agriculture)
What are the four types of federal bureaucracy organization?
1) cabinet level departments 2) independent agencies 3) regulatory agencies 4) gov. corporations
Departments
one of the major subdivisions of the federal gov. represented in the presidents cabinet; heads of departments are called secretaries except for department of defense
Independent Agencies
gov. organizations independent of the departments but with a narrower policy focus
Independent Regulatory Boards and Commissions
gov. organizations that regulate various businesses. industries, or economic sectors
Government Corporations
companies created by congress to provide to the public a good or service that private enterprise can not or will not profitably provide; USPS
Bureaucracy as Administrator
expect agencies of the fed gov to implement the laws passed by congress and signed by the president; professional unbiased and efficient
Bureaucracy as Rulemaker
congress passes laws that are vague so Bureaucracy must fill in the gaps; bureaucrats use their own judgement in interpreting and carrying out the laws of congress
Bureaucracy as Judge
Bureaucracts have some adjudication such as tax courts
What are some of the Presidents powers for controlling bureaucracy
power of appointment, presidents key role in budgeting, and the informal power of the prestige of the office itself (persuasion and sheer weight of the office can produce results
Iron Triangles
tight alliance between congressional committees, interest groups (or representatives of regulated industry) and bureaucratic agencies, in which policy comes to be made for the benefit of the shared interests of all 3, not for the benefit of the greater public
Issues Networks
complex systems of relationships between groups that influence policy, including elected leaders, interest groups, specialists, consultants, and research institutes; refined iron triangle, suggests that the relationships are more complex than the triangle
Congressional Oversight
efforts by congress, especially through committees to monitor agency rule making, enforcement and implementation of congressional policies
Sunshine Laws
legislation opening the process of bureaucratic policymaking to the public
Privacy Act of 1974
law that gives citizens access to the gov. files on them
Freedom of Information Act (FOIA)
1966; law that allows citizens to obtain copies of most public records
What are the laws in politics?
they are the “how”; they dictate how our collective lives are to be organized, what rights we can claim, what principles we should live by and how we can use the system to get what we want
Five Important Functions of Laws
provide security so we can go about our daily lives in relative harmony; provide predictablility (not being charged with a crime bc we didnt know the law existed; reflect and enforce conformity to societys values; distribute the benefits and rewards society has to offer and allocate the costs of those good things
Courts
Institutions that set as neutral 3rd parties to resolve conflicts according to the law
Common Law Traditions
relied on royal judges making decisions based on their own judgement and on previous legal decisions, which were applied uniformly (or commonly) across the land
Substantive Laws
those whose actual content or “substance” defines what we can and cannot legally do; spell out what behaviors are restrained; ex- killing someone
Procedural Laws
establish the procedures used to conduct the law- that is how the law is used or applied and enforced; refers to how legal procedeeings are to take place; ex- how evidence will be gathered and used
Procedural Due Process
Procedural laws that protect the rights of individuals who must deal with the legal system
Criminal Laws
laws prohibiting behavior that the gov. has determined to be harmful to society; violation of a criminal law is a crime; criminal laws are against the state so the gov. prosecutes
Civil Laws
laws regulating interactions between individuals; violation of a civil law is called a tort; not a crime against the state so the state does not prosecute
Constitutional Laws
laws stated in the constitution or in the body of judicial decisions about the meaning of the constitution handed down in the courts
Statutory Laws
laws passed by the state or the federal legislation; reflect the will of the bodies elected to represent the prople and they can address virtually any behavior
Administrative Laws
laws established by the bureucracy on behalf of congress
What was Hamiltons agrument about the Supreme Court/Judicial brnach
Judicirary was the least dangerous branch; it had neither the power of the sword (executive) not the power of the purse (legislative budget power) and it could only exercise judgement
John Marshall
3rd chief justice; strengthened court power the most important being judicial review
What is the ultimate check that the court has over the other two branches?
power to declare what they do to be null or void
Jurisdiction
courts authority to hear certain cases
What are the four basic characteristics of cases that help determine which court has jurisdiction over it?
involvement of federal gov. or constitution, the parties to the case, where the case arose, and how serious of an offense is involved
Original Jurisdiction
authority of a court to hear a case first
Appellate Jurisdiction
authority of a court to review decisions made by lower courts
Appeal
a rehearing of a case because the losing party in the original trial argues that a point of law was not applied properly; all parties in US lawsuits are entitled to an appeal
What are the three layers of state court?
trial court (the lowest)- cases are heard for the first time, under original jurisdiction and most end here
Intermediate Courts of Appeals- hear cases appealed from the lower trial courts
State Supreme Courts- they are appeals courts and there are no juries
What are the three tiers of federal court>
entry level tier (district courts); appellate level; and the Supreme Court
Courts of Appeals
are entirely appellate; sole function is to hear appeals from the lower court districts
What are the different things that presidents consider when choosing a Justice?
merit, shared ideology, political reward, and demographic representation
Merit
presidents want to appoint someone with that is the most qualified and the person with the highest ethical standards
Political Ideology
presidents want to appoint justices who look at the world the same way they do
Strict Constructionism
judicial approach holding that the constituion should be read literally, with the framers intentions uppermost
Judicial Interpretivism
judicial approach holding that the constitution is a living document and that judges should interpret it according to changing times and values
Representation
presidents want to appoint people who represent groups they feel should be included in the political process or whose support they want to gain
Writ of Certiorari
formal request by the US supreme court to call up lower court cases it decides to hear on appeal
Rule of Four
the unwritten requirement that 4 supreme court justices must agree to grant a case certiorari in order for the case to be heard
Judicial Activism
view that the courts should be lawmaking, policy making bodies
Judicial Restraints
view that courts should reject any active lawmaking functions and stick to judicial interpretations of the past
Opinion
the written decision of the court that states the judgement of the majority
Who determines who writes the opinion?
if chief justice is in the majority it is their job to assign the opinion writing task; otherwise, senior member in the majority assigns the opinion
Concurring Opinions
documents written by justices expressing agreement with the majority ruling but describing different or additional reasons for the ruling
Dissenting Opinion
documents written by justices expressing disagreements with the majority ruling
