Exam 2 Flashcards

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1
Q

What does congress often decide?

A

who gets what and has the power to alter many of the rules (or how) that determines who wins and loses

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2
Q

How did the framers decided the speed of congress?

A

designed to produce slow, carefully made law making decisions; a constitutional safe guard of check and balances

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3
Q

Representation

A

the efforts of elected officials to look out for the interests of those who elect them

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4
Q

National Lawmaking

A

the creation of policy to address the problems and needs of the entire nation

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5
Q

Who does congress typically favor?

A

congress typically favors their representative roles (because that is how they get re-elected) and national problems go unaddressed

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6
Q

Partisanship

A

loyalty to a political party or cause

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7
Q

Constituency

A

the voters in a state or district

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8
Q

What are the four types of representation?

A

policy representation, allocative representation, casework, and symbolic representation

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9
Q

Policy Representation

A

congressional work to advance the issues and ideological preferences of constituents

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10
Q

Allocative Representation

A

congressional work to secure projects, services, and funds for the represented district

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11
Q

Casework

A

legislative work on behalf of individual constituents to solve their problems with government agencies and programs

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12
Q

Symbolic Representation

A

efforts of members of congress to stand for American ideals or identity with common constituency values

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13
Q

Pork Barrel

A

public works projects and grants for specific districts paid for by general revenues

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14
Q

Collective Responsibility

A

congress should be responsible for the effectiveness of its laws and in solving national problems

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15
Q

Hyperpartisanship

A

a commitment to party so strong that it can transcend other commitments

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16
Q

Polarization

A

greater ideological (liber vs. conservative) differences between the parties and increase ideologial consensus within the parties

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17
Q

Bipartisanship

A

working with members of the opposite party; increasingly rare

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18
Q

Why does the House need for rules/hierarchy?

A

the house has 435 members while the senate has 100

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19
Q

Where are budget bills initiated?

A

in the House

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20
Q

What are some of the constitutional powers of congress?

A

raise and spend money for national gov., provide for economic infrastructure, foreign policy, declare war, ratify treaties, raise and support armed forces

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21
Q

Congress can pass bills but they do not become law unless…

A

1) president signs them or refrains from vetoing them 2) both houses of congress have 2/3 majority to override a presidential veto

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22
Q

Congressional Oversight

A

efforts by congress, especially through committees to monitor agency rule making, enforcement, and implementation of congressional policy

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23
Q

Reapportionment

A

a reallocation of congressional seats among the state every 10 years following the census

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24
Q

Redistricting

A

the process of dividing state in legislative districts

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25
Q

Gerrymandering

A

redistricting to benefit a particular group

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26
Q

What are the three kinds of gerrymandering?

A

pro-incumbent, partisan, and racial

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27
Q

Pro-Incumbent Gerrymandering

A

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

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28
Q

Partisan Gerrymandering

A

the process by which districts are drawn to maximize the number of House seats a political party can win

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29
Q

Racial Gerrymandering

A

redistricting to enhance or reduce the chances that a racial or ethnic group will elect members to the legislature

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30
Q

What are some of the perks to being a congressperson?

A

travel allowances, $174,000 salary, ample staff, health and life insurance, and substantial pension

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31
Q

What are some of the offsets to being a congressperson?

A

work is awfully hard, expensive to keep up two homes, nonexistent job security

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32
Q

What is a key political asset?

A

experience

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33
Q

Incumbency Advantage

A

the electoral edge afforded to those already in office

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34
Q

Coattail Effect

A

the added votes received by congressional candidates of a winning presidential party

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35
Q

Midterm loss

A

the tendency for the presidential party to lose congressional seats in off year elections

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36
Q

What are the main leaderships in the House?

A

Speaker of the House, majarity leader, minority leader, and whips

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37
Q

Speaker of the House

A

the leader of the majority party who serves as the presiding officer of the House

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38
Q

Who is the presiding officer of the senate?

A

Vice President; who can cast a tie breaking vote when necessary

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39
Q

Whips

A

assist party leaders by finding out how people intend to vote, negotiate acceptable amendments, or employ favors

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40
Q

Seniority System

A

the accumulation of power and authority in conjunction with the length of time spent in office

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41
Q

What do committees do?

A

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

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42
Q

What are the four types of committees for congress?

A

standing, joint, select, and conference

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43
Q

Standing Committees

A

permanent committees reponsible for legislation in particular policy areas

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44
Q

Committees are typically divided into…

A

subcommittees that focus on detailed areas of policy

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45
Q

How many committees and subcommittees does the House and Senate have?

A

House: 20 standing and 104 sub
Senate: 16 standing and 72 sub

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46
Q

Select Committees

A

usually temporary, do not recommend legislature, used to gather information on specific issues

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47
Q

Joint Committees

A

combined House and Senate committees formed to coordinate activites and expedite legislation is certain areas

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48
Q

Conference Committees

A

temporary committees formed to reconcile differences in House and Senate versions of a bill

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49
Q

What are the 3 characteristics of Policy Making?

A

bills must be passed in identical form in both houses, fragmentation in policymaking, and the norms of conduct in each house

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50
Q

Legislative Agenda

A

the slate of proposals and issues that representatives think is worthwhile and to consider and act on

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51
Q

What is one way a issue can get on the legislative agenda?

A

a well publicized event even if the problem is not new at all

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52
Q

Basic Breakdown of a bill becoming law

A

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”

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53
Q

Filibuster

A

practice of unlimited debate in the senate in order to prevent or delay a vote on a bill

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54
Q

Cloture

A

a vote to end a senate fillibuster; requires 3/5 majoirty or 60 votes

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55
Q

Omnibus Legislation

A

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

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56
Q

Pocket Veto

A

presidential authority to kill a bill submitted within 10 days of the end of a legislative session by not signing it

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57
Q

Head of State

A

the apolitical, unifying role of the president as symbolic representation of the whole country

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58
Q

Head of Government

A

the political role of the president as leader of a political party and chief arbiter of who gets what resources

59
Q

Impeachment

A

the process used to charge, try, and remove public officials for misconduct while in office

60
Q

Chief Administrator

A

presidents executive role as the head of federal agencies to the person responsible for the implementation of national policy

61
Q

Cabinet

A

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

62
Q

Commander in Chief

A

the presidents role as the top officer of the countrys military establishment

63
Q

Chief Foreign Policy Maker

A

the presidents executive role as the primary shaper of relations with other nations

64
Q

Executive Agreement

A

presedential arrangment with another country that creates foreign policy without the need for senate approval

65
Q

State of the Union Address

A

speech given annually by the president to a joint session of congress and to the nation annoucing the presidents agenda

66
Q

Presidential Veto

A

presidents authority to reject a bill passed by congress

67
Q

Executive Order

A

clarification of congressional policy, issued by the president and having the full force of the law

68
Q

Signing Statements

A

statements recorded along with signed legislation clarifying the presidents understanding of the constiutionality of a bill

69
Q

Solicitor General

A

Justice Department officer who argues the gov. cases before the supreme court

70
Q

Pardoning Power

A

presidents authority to release or excuse a person from the legal penalities of a crime

71
Q

Traditional Presidency

A

the founders vision of limited executive power

72
Q

Inherent Powers

A

presidential powers implied but not explicitly stated in the constitution

73
Q

Modern Presidency

A

the ongoing trand toward a higher degree of executive powers since the 1930s

74
Q

Significance of Roosevelts Election

A

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

75
Q

Expectations Gap

A

gap between popular expectations of what modern presidents can and should do and their constitutional powers to get things done

76
Q

Cycle Effect

A

the predictable rise and fall of a presidents popularity at different stages of a term in office

77
Q

What are the 3 factors that affects presidents popularity?

A

cycle effect, economy, and unifying or divisive current events

78
Q

Divided Government

A

political rule split between two parties: one controlling the white house and the other controlling one or both houses of congress

79
Q

Executive Office of the President (EOP)

A

collection of nine organizations that help the president with policy and political objectives (presidents own bureaucracy); serve to supply info, advice,etc

80
Q

Office of Management and Budget

A

organization within the EOP that oversees the budgets of departments and agencies

81
Q

Council of Economic Advisers

A

organization within the EOP that advises the president on economic matters

82
Q

National Security Council

A

organization within the EOP that provides foreign policy advice to the president

83
Q

Chief of Staff

A

person who oversees the operations of all white house staff and controls access to the president

84
Q

Presidential style

A

image projected by the president that represents how they would like to be perceived at home and abroad

85
Q

Bureaucracy

A

organization characterized by hierarchial structure, worker specialization, explicit rules, and advancement by merit; necessary to running a government

86
Q

Red Tape

A

the complex procedures and regulations surronding bureaucratic activity

87
Q

Spoils System

A

19th century practice of rewarding political supporters with public office

88
Q

Patronage

A

system in which successful part candidates reward supporters with jobs or favors

89
Q

Pendleton Act of 1883

A

civil services reform that required the hiring and promoting of civil servants to be based on merit, not patronage

90
Q

Hatch Act

A

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

91
Q

What are the 3 categories of Federal Agencies

A

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)

92
Q

What are the four types of federal bureaucracy organization?

A

1) cabinet level departments 2) independent agencies 3) regulatory agencies 4) gov. corporations

93
Q

Departments

A

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

94
Q

Independent Agencies

A

gov. organizations independent of the departments but with a narrower policy focus

95
Q

Independent Regulatory Boards and Commissions

A

gov. organizations that regulate various businesses. industries, or economic sectors

96
Q

Government Corporations

A

companies created by congress to provide to the public a good or service that private enterprise can not or will not profitably provide; USPS

97
Q

Bureaucracy as Administrator

A

expect agencies of the fed gov to implement the laws passed by congress and signed by the president; professional unbiased and efficient

98
Q

Bureaucracy as Rulemaker

A

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

99
Q

Bureaucracy as Judge

A

Bureaucracts have some adjudication such as tax courts

100
Q

What are some of the Presidents powers for controlling bureaucracy

A

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

101
Q

Iron Triangles

A

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

102
Q

Issues Networks

A

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

103
Q

Congressional Oversight

A

efforts by congress, especially through committees to monitor agency rule making, enforcement and implementation of congressional policies

104
Q

Sunshine Laws

A

legislation opening the process of bureaucratic policymaking to the public

105
Q

Privacy Act of 1974

A

law that gives citizens access to the gov. files on them

106
Q

Freedom of Information Act (FOIA)

A

1966; law that allows citizens to obtain copies of most public records

107
Q

What are the laws in politics?

A

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

108
Q

Five Important Functions of Laws

A

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

109
Q

Courts

A

Institutions that set as neutral 3rd parties to resolve conflicts according to the law

110
Q

Common Law Traditions

A

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

111
Q

Substantive Laws

A

those whose actual content or “substance” defines what we can and cannot legally do; spell out what behaviors are restrained; ex- killing someone

112
Q

Procedural Laws

A

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

113
Q

Procedural Due Process

A

Procedural laws that protect the rights of individuals who must deal with the legal system

114
Q

Criminal Laws

A

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

115
Q

Civil Laws

A

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

116
Q

Constitutional Laws

A

laws stated in the constitution or in the body of judicial decisions about the meaning of the constitution handed down in the courts

117
Q

Statutory Laws

A

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

118
Q

Administrative Laws

A

laws established by the bureucracy on behalf of congress

119
Q

What was Hamiltons agrument about the Supreme Court/Judicial brnach

A

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

120
Q

John Marshall

A

3rd chief justice; strengthened court power the most important being judicial review

121
Q

What is the ultimate check that the court has over the other two branches?

A

power to declare what they do to be null or void

122
Q

Jurisdiction

A

courts authority to hear certain cases

123
Q

What are the four basic characteristics of cases that help determine which court has jurisdiction over it?

A

involvement of federal gov. or constitution, the parties to the case, where the case arose, and how serious of an offense is involved

124
Q

Original Jurisdiction

A

authority of a court to hear a case first

125
Q

Appellate Jurisdiction

A

authority of a court to review decisions made by lower courts

126
Q

Appeal

A

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

127
Q

What are the three layers of state court?

A

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

128
Q

What are the three tiers of federal court>

A

entry level tier (district courts); appellate level; and the Supreme Court

129
Q

Courts of Appeals

A

are entirely appellate; sole function is to hear appeals from the lower court districts

130
Q

What are the different things that presidents consider when choosing a Justice?

A

merit, shared ideology, political reward, and demographic representation

131
Q

Merit

A

presidents want to appoint someone with that is the most qualified and the person with the highest ethical standards

132
Q

Political Ideology

A

presidents want to appoint justices who look at the world the same way they do

133
Q

Strict Constructionism

A

judicial approach holding that the constituion should be read literally, with the framers intentions uppermost

134
Q

Judicial Interpretivism

A

judicial approach holding that the constitution is a living document and that judges should interpret it according to changing times and values

135
Q

Representation

A

presidents want to appoint people who represent groups they feel should be included in the political process or whose support they want to gain

136
Q

Writ of Certiorari

A

formal request by the US supreme court to call up lower court cases it decides to hear on appeal

137
Q

Rule of Four

A

the unwritten requirement that 4 supreme court justices must agree to grant a case certiorari in order for the case to be heard

138
Q

Judicial Activism

A

view that the courts should be lawmaking, policy making bodies

139
Q

Judicial Restraints

A

view that courts should reject any active lawmaking functions and stick to judicial interpretations of the past

140
Q

Opinion

A

the written decision of the court that states the judgement of the majority

141
Q

Who determines who writes the opinion?

A

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

142
Q

Concurring Opinions

A

documents written by justices expressing agreement with the majority ruling but describing different or additional reasons for the ruling

143
Q

Dissenting Opinion

A

documents written by justices expressing disagreements with the majority ruling