Exam 3 Flashcards
Constituent
A person who is represented by a legislator or an elected/appointed official
Earmarks / Porks
Book def: special provisions in legislation to set aside funds for projects that have not passed an impartial evaluation by agencies of the executive branch.
Unnecessary spending that congressmen make
Congressional oversight/investigation powers
Both are powers of Congress
Functions of Congress
- legislate
- declare war
- maintain military
- tax and spend (budget)
- oversight
- impeachment/conviction
Filibuster
person in senate who refuses to die or go away, they don’t have a limit. Usually deigned to kill legislation
Book def: the use of the Senate’s tradition of unlimited debate as a delaying tactic to block bills or nominations
- the filibuster is bypassed by Reconciliation
Franking/Junkets
Other incumbency advantages
Both are privileges of Congress
- franking - free mail
- junkets - free travel
Others:
Name ID (being known as a celebrity)
Fundraising
Lawmaking/Legislative Process
Lawmaking is the principal and most obvious function of any legislature
1) bill is introduced by Congress (house or senate)
2) is then referred to a committee in the chamber where it was introduced (house or senate) to be studied
3) Is then sent to the floor of the house or senate to be debated
4) Is sent to the other chamber (house or senate) to be studied
5) after the bill has passed each chamber, if the two versions of the bill contain different provisions, a conference committee is formed to write a compromise bill
6) if Bill is approved by both chambers, it is sent to the president to sign or veto
Reconciliation/conference committee
Reconciliation - in Congress, a special rule that can be applied to budget bills sent from the House of Representatives to the Senate (bypasses the filibuster)
Conference Committee - joint committees set up to achieve agreement between the House and the Senate on the wording of legislative acts that were passed by the chambers in different forms
- differences between two versions of the same built, passed by the house, and the Senate are ironed out in a conference committee through a process known as reconciliation
GerryMandering
Redrawing legislative district lines to benefit incumbent elites
Book def: the redrawing of legislative district boundary lines for the purpose of obtaining partisan advantage. The district is said to be gerrymandered when it’s shape is altered substantially to determine which party will win it.
Reapportionment
The allocation of seats in the House of Representatives to each state after a census
Redistricting
The redrawing of the boundaries of the congressional districts within each state
Baker v. Carr (1962)
- gave the federal courts jurisdiction cases challenging gerrymandering practices
- argued unequal district sizes violated the equal protection clause of the 14th amendment
- applied the 14th amendment to redistricting state legislature
Reynolds v. Sims (1964)
- “one person, one vote” rule
- both houses of state legislatures must be apportioned on the basis of population
Speaker of the House
- the foremost power holder in the House of Representatives
- is chosen by the majority party
- is the official leader of the majority party in the House
Senate Majority Leader
The leader of the majority party in the senate
Goals of Congressmen & Senators
- Reelection
- Seniority
- Policy making
Impeachment/conviction
- an indictment/charge of a crime
- one of the functions of Congress
- impeachment process is done by the House
- conviction is the next step after impeachment and is done by the Senate
Veto power
- a legislative power of the president
- a no votes that blocks legislation
Head of State vs Head of Gov
HOS - the role of the president as ceremonial head of the government
HOG - leads the country’s gov (usually the executive branch)
Symbolic powers of the president / persuasion
- state of the Union speeches
- agenda setting/bully pulpit
- persuasion***
- role of the 1st Family
Chief executive
- One of the constitutional powers of the President
- it is the role of the president as head of the executive branch of the gov
- president is constitutionally bound to enforce the acts of Congress, the judgments of federal courts, and treaties signed by the United States.
Executive Orders/Executive Actions
- is one of the presidents legislative powers (along with signing and vetoing legislation)
Executive orders - rules or regulations issued by the president that has the effect of law - enforcement legislative statues
- enforce the Constitution or treaties with foreign nations
- establish or modify rules and practices of executive administrative agencies.
Commander in Chief
- a constitutional (executive) power of president
The role of the president as supreme commander of the military forces of the United States and of the state National Guard units when they are called into federal service
Appointment powers
The presidents authority to fill a government office or position
- another constitutional/executive power of pres
- appointment to Courts, Cabinet, ETC
Pardon/Clemency/reprieves/Commutation of scentences
- another constitutional/executive power of pres
Pardon - a release from the punishment for, or legal consequences of, a crime. A pardon can be granted by the president before or after conviction (completely forgives a crime)
Clemency - Clemency is a general term for the President’s power to grant mercy or leniency in legal cases, particularly in relation to criminal convictions
Reprieves - postponements of a executions of a sentence imposed by the court of law
Commutation of power - a reduction in the length of the scentence of someone convicted of a crime. Commutation does not overturn the conviction itself
Advice and Consent
- power of the Senate
Terms in the constitution describing the Senate’s power to review and approve treaties and presidential appointments
State of the Union
- a symbolic power of the president
- in annual message to Congress in which the president proposes a legislative program
- the message is addressed not only to Congress, but also to the American people and to the world
Civil Service Systems/Civil Service Commission
- civil service system - is the body of government employees who are hired and promoted based on merit and qualifications, rather than political loyalty or patronage (got rid of patronage)
- Civil Service Commission - the initial central personnel agency of the national government, created in 1883 by the Pendleton Civil Service Act
Pendleton Act 1883*
- was passed following the assassination of President Garfield
- Civil Service Commission/merit hiring
- Standardized tests, job descriptions, KSAs
Cabinet and Executive Departments
Cabinet - an advisory group selected by the president to aid in making decisions. The cabinet includes the heads of 15 executive departments
- responsible for performing government functions, such as printing money and training troops
- secretary of state, treasury, interior, justice, agriculture, commerce, labor, defense, housing/urban development, transportation, energy, HHS, education, veteran affairs, homeland security
Executive Department ?????
Vice President
- Constitution does not give much power to the vice president.
- The only formal duty is to preside over the Senate—which is rarely necessary
- the vice president is needed to decide a tie vote in the Senate
Bureaucracy
Bureaucracy refers to a system of government or administration that is structured into a hierarchical organization with specialized functions and a set of formal rules and procedures
Bureaucracy = reform
Example of reforms : privatization, whistleblowers
Agency Capture and regulation
Agency capture - the act by which an industry being regulated by a government agency gains direct or indirect control over agency personnel and decision makers
- When an agency serves the industry it is meant to regulate rather than serving the public, we call this:
Regulation - refers to the rules and guidelines created and enforced by government agencies to control or supervise specific activities, industries, or behaviors.
Budgeting process
The budgeting process involves two steps: authorization and appropriation.
Authorization - a declaration that a certain amount of funding may be available
Appropriation - the passage by Congress of a spending bill specifying the amount of authorized funds that will be allocated for an agency’s use
Merit System (hiring)
A merit system is a method of hiring and promoting government employees based on their qualifications, abilities, and performance, rather than political connections, favoritism, or patronage
- gets rid of patronage/spoils systems and bureaucracy
Pendleton Act of 1883/assassination of Pres Garfield
Pendleton Act 1883*
- was passed following the assassination of President Garfield
- Civil Service Commission/merit hiring
- Standardized tests, job descriptions, KSAs
Hatch Acts of 1939 & 1940/non-partisan in government
1939 - an act passes in 1939 that restricted the political activities of government. It also prohibited a political group from spending more than 3 million in any campaign and limited individual contributions to a campaign committee to $5000
- ensured that federal employees remains non-partisan (do not favor a political party)
Sunshine laws/government transparency
Government in the Sunshine Act
* designed to ensure that government activities are conducted in an open and transparent manner. These laws require certain government proceedings, records, and meetings to be open to the public, allowing citizens to observe and participate in the decision-making process
Freedom of Information Act- allowed citizens to request access to to federal government records and documents
- these laws promote government transparency
Enabling Legislation
Enabling legislation is a law passed by Congress that gives the government or a specific agency the authority to carry out certain actions or implement specific policies. Essentially, it “enables” or empowers the creation and enforcement of regulations or programs.
Simple Example:
Congress passes a law that says, “The Environmental Protection Agency (EPA) will be responsible for regulating pollution.”
Weberian bureaucracy
rationality, professionalism, job tenure, hierarchical structure
Woodrow Wilson
- corporate structure (argued against patronage)
- separation of politics and administration (you can’t engage in partisan politics while at work)
Goals of Progressive Reform
efficiency, accountability, neutral competence
KSAs and Job Descriptions
Came out of the Pendleton Act 1883
* helps with merit hiring
* KSA stands for knowledge, skills and abilities
Reform vs Bureaucracy
- bureaucracy = reform
- bureaucracy is how things are organized, and reform is about making changes to improve how it works
Disputed Election of 1876
1876 election was a deeply contested race that led to a political compromise, ultimately ending Reconstruction and setting the stage for the next several decades of Southern racial segregation and disenfranchisement of African Americans.
* between Rutherford B. Hayes and Samuel J, Tilden
* Tilden won polpular vote but Hayes won electoral vote and became President
Political patronage
- patronage - when you get elected and hire all your friends
- Political patronage refers to the practice of giving government jobs or benefits to individuals in exchange for political support, loyalty, or votes. Essentially, it’s a system where politicians reward their supporters with positions in government or public office, often regardless of merit, as a way to maintain power and loyalty.
12th amendment
prez and VP elected on same ticket; leads to winner takes all Electoral College
22nd Amendment
limits prez to 2 terms
25th Amendment
provides for lines of succession; removal of pres for incompetence or severe disability, ⅔ votes of both houses of Congress
20th Amendment
changed inauguration date and dealt with succession
Rosenstone’s model forecasting presidential elections
- “it’s the economy, stupid” - James Carville
- War/military action
- Domestic issues
- Incumbency advantages
- Home state/region
- Vice presidential candidate
Electoral College/Electoral Votes
- President is chosen by states
- Exaggerates margin of victory (multiple candidates, plurality winners)
- Number of electors is equal to congressional representation
- Winner take all format (except NE & ME)
- 270 out of 538 needed to win
Bicameralism
The division of a legislature into two separate assemblies
Example ) Congress is made up of the HOR and the Senate
Constitutional powers of President
- Commander in Chief
- Chief executive
- Negotiates treaties
Legislative powers:
* signs/vetoes legislation
* Executive Orders*
* Appointment to Courts, Cabinet, Etc.*
* Grants pardons, clemency, commutes sentences*
What is nobody wins electoral college/vote?
- House decides presidency based on state delegations or representatives, w/each state having one vote
- Senate decides vice president with every Senator having one vote
- Bush v Gore
Where does it mention bureaucracy in the Constitution?
It doesn’t
The power to impeach, convict and remove a president, vice president, members of the cabinet, or judiciary is vested in who?
Both houses of Congress working together
The most important power of president has is the power to what?
Persuade voters and lead public opinion
Results of the disputed election of 1876 were the…
- republicans got dominion over national affairs, the north, Midwest and west
- democrats got dominion over the south and an end to reconstruction
- Republicans won the White House for Rutherford Hayes
- Democrats won control over patronage jobs with the Postal Service
