Exam 2 Flashcards
Pork barrel legislation
Bringing home the bacon to your state or legislature
Agent representation
They are agents for us
Gerrymandering
Redistributing in favor of a particular party
Conference committee
Joint committee; go over the bills from both chambers and work on making it the same bill
Speaker of the house
Joe Boehner
Majority leader in Senate
Mitch McConnell
Minority leader in senate
Harry Reid
Minority leader in house
Nancy Pelosi
How many members in senate
100 on 6 year term
How many members in house
435 on 2 year term
What does the vesting clause say?
That no one but congress can make or pass laws.
How is congress a service to constituents?
They represent us, supposed to help us
Trustee
Voting on someone for their personal judgement
Instructed delegate
Instructed by us on major policy issues
Politico
Mixture of a trustee and an instructed delegate
Why has congress become an oversee-er of the president?
Because he has gained so much power
The _____ is more democratic, is lager, more structured, elected more frequently.
The House
Rules committee
Sets the rules for debate, most powerful committee in the house
Filibuster
Talking a bill to death (senate)
Main points on the senate
Debate is much less structured because there are no rules, confirm presidential appointments and approve treaties negotiated by the president.
Why is neither body very representative of the US population?
They’re older, whiter, and richer; they are mostly career politicians; they travel a lot
Case of vanishing marginals
Incumbents average 90% success in reelection, not true until 20th century
Reapportionment
The allocation of seats in the house to each state after the national census (required by the constitution every 10 years)
Redistricting
The power to determine the shape of the district within the state is given to the state legislature
Incumbency advantage
Those already serving congress have a huge advantage over those who are challenging them
Mid-term election phenomena
The party of the president almost always loses seats in congress during the midterm election
Majority whip
Steve Scalise
Minority whip
Steny Hoyer
President of the senate
The Vice President; joe Biden
President pro temp
Oldest member of majority party; Orrin Hatch
Standing Committee
Always there
Select committee
Appointed to investigate a specific issue and report back to chamber; only investigative; if something bad happens
Joint committee
Appointed by the house and senate to work together to investigate something
Symbolic/hollow legislation
Like good but doesn’t do anything
Horse trading
Agreeing to vote for a bill in return for legislative or elective favors
Christmas tree bill
A bill you know is going to be passed and adding on amendments that have nothing to do with the original bill
Poison pills
Adding in an amendment like “kill bunnies day” on a bill you don’t want passed to have it shut down.
Voting as punishment
Voting or not because the person who proposed the bill pissed you off
Ways a bill never becomes a law
Veto; amended to death; never referred to or addressed in a committee; lost on the desk; defeated in a floor vote; reported out with unfavorable rules; filibuster
Unfavorable rules
Added by the rules committee to kill a bill
How do you end a filibuster?
With a cloture: 60 votes, 51 for judicial related
What 2 George’s were taken into consideration when writing article 2 of the constitution and why?
George Washington and King George Hanover III; put a lot of limits on the power of the president because of the presidency
What are the two main concerns of the presidency?
The president staying past term and the fear of the president using an army against he states
Enumerated powers of the president
Veto: executive powers, implement laws; pocket veto; line-item veto
Who has had the most vetoes?
Franklin Delano Roosevelt; 645
How many vetoes have ever been issued and how many have been overridden?
2,500 vetoes, 100 overriden
New York v. Clinton
Supreme Court ruled line-item vetoing unconstitutional; the president is not given that power; he can veto the entire thing or nothing at all
What is a signing statement and why is it controversial?
Statement in which the president makes after he signs a bill with his interpretation of it which isn’t his job
Presidential succession act
President -> VP -> speaker of the house -> president pro temp -> secretaries
25th amendment rules on who succeeds who
VP succeeds president as president; new president will nominate someone for VP and the house and senate have to approve by simple majority
25th amendment on rules of succession
If the president is physically/mentally unable to do their job, they have to write to the pres pro temp telling them this (unless in state of a coma, etc); if the president is unable/unwilling to do write the letter, the VP and the majority of the cabinet write to congress
Spoils system
If you’re party wins, you get a job; Andrew Jackson was the first to hire all new people
The Pendleton act/civil service reform act
When Garfield was assisted by one of his party supporters who didn’t get the job they wanted; established civil service and merit system
Hatch act
Meant to prevent political affiliation; hiring of civil service cannot be based on politics
Ethics in government act
Applied to executive employees; have to give full financial disclosure; once you leave government, you can’t lobby for one full year, can’t lobby on related matter for 2 full years, can’t represent anyone before your former agency on any matter you worked on in government
Federal employees political activities act
Amended hatch act; when you’re on duty you may not campaign; can’t campaign in a building used in the discharge of federal business; no politics while wearing your uniform
Administrative procedures act
Open hearings on all new policies
Freedom of info act
Upon request, citizens can get government info
National environmental policy act
Need an IPA for all new environmental proposals
Privacy act
Search warrants
Government in sunshine law
Has to be open meetings for the most part (executive)
Whistle blowers protection
Protects those who point out corruption or problems
Privitization
Contracting out to a private company to do government work on their behalf
Congressional oversight
Power of the purse; investigation
Judicial oversight
Judicial review
The iron triangle
Congress /\ / \ Interest groups /\_\_ \ Bureaucracy Doesn't matter whose at the top!
Issue network
A group of individuals in legislature; legislative staff, interest groups and leaders, bureaucrats, media, scholars, who support a particular policy position on a given issue
Precedent
Previous case decision helps declare other decisions
Standing
Idea that the petitioner has the right to sue, someone can’t sue on your behalf (unless under 18)
Current Chief Justice
John Roberts
Article III Section 1
Creates Supreme Court and gives congress the power to create other federal courts
Article III Section 2
Jurisdiction of Supreme Court
Article III Section 3
Defines treason and no bill of attainder
Bill of attainder
Piece of legislation that decides punishment without a trial
Due process
If everyone does their job correctly and constitutionally, we’ll come to the truth beyond all reasonable doubt
Judicial independence
The idea that the judicial system should be separate or above politics
Criteria for appointment
Competence and ethical standards; at least minimally qualified; ABA rating; ideological and policy preferences; political debts; there’s nothing in the constitution
Rejection by the senate (judicial appointment)
Only about 20% have been rejected by the senate; rarely has to do with political ideology
Writ of certiorari
Writing the court to be certain
Granting to writ of certiorari
Rule of 4: 4 of the 9 judges have to approve the case
Courts opinion
Written by the majority; only one that holds legal weight
Minersville v. Gobits
The kids didn’t want to pledge because it was against their religion and the court ruled against them
WV state board v. Barnette
Overturned minersville v. Gobits
Plessy v. Ferguson
Court ruled in separate but equal
Brown v. Board
Overturned plessy
Lochner v. NY
Law on how many hours break bakers can work; 4th amendment
Griswold v. Connecticut
Law on dr witting script for bc; 9th amendment
Row v. Wade
Reinforce right to privacy when overturning TX law against abortion