Exam 3: Chapter 11, 12, 13, 14 Flashcards
Why framers opted for bicameral legislature
So that legislation could occur only after patient deliberation
How senators were originally elected
By state legislatures
Difference between delegate and trustee
Delegate tries to perfectly mirror views of constituents
trustee acts independent trusting own judgement for how to best serve constituents
Congress representative?
No, # of blacks, Hispanics, etc doesn’t match actual population
Constituents
Citizen who lives in the district of the elected official
Reapportionment
Reallocation of house seats among states after each national census
Redistricting
Redrawing district lines within a stew with roughly equal populations
One person one vote ruling
Wesberry vs Sanders
Applies to congressional districts
Gerrymandering
Redraw district lines in extreme and unlikely manner to advantage of a particular party or candidate
majority minority districts
Drawn to ensure that a racial minority makes up the majority of voters
Result: Increased # of racial minority reps in house
In NC: 9/13 districts are republican but 48% voted Obama
Advantage of incumbency
Easier to raise money because lobbyists want to be close to house and senate members
Protected by Redistricting
Franking
Public subsidization of ____ from members of congress to their constituents
Casework
Services performed by members of congress for constituents
Why is partisanship increasing
Changing regional bases of parties (like Deep South)
Partisan conflict is on the rise naturally
How does leadership in house and senate differ
speaker of the house, who appoints members to rules committee and regulates schedule, is much more powerful than senate majority leader, who only has personal power, not institutional.
Types of committees in congress and functions
Standing committees: relatively permanent, address specific areas of legislation
Select committee: temporary, studies/investigations
Joint committee: members from both houses facilitate flow of legislation
Conference committee: ad hoc, members from both, reconcile differences in bills
Cloture
A vote to end a filibuster (need 3/5)
Filibustering
Unlimited debate in senate used to prevent bill from coming to a vote by talking it to death
Founders concept of presidency
VAGUE.
Strong, commander in chief, appoint executive dept heads, recommend measures to congress
Important presidents
X
Roles of Pres
Chief of state; domestic policy leader; legislative leader; manager of economy; chief executive; foreign policy leader; commander in chief; head of political party
Differing approaches of former presidents to their staff
Roosevelt granted some power to all in a competitive system; Eisenhower used hierarchical system and gave chief of staff most power
National security advisor and his/her purpose
A top foreign policy and defense advisor to president. Head of national security council
Components of executive office of president
A group of orgs that advise Pres, including office of management and budget, NSC, council of economic advisors, intelligence advisory board
How has VP evolved
Used to be runner up, but fixed in 1804 with 12th amendment. Used to be shut out of important duties, but now becoming more significant
Amendments significant to Pres and VP
12-VP Runs with Pres
25- in case of Pres death or resign (also, Pres can pick new VP if old one can’t make it)
Vacancy in Vp office
25th amendment - Pres nominated a new one, both houses of congress must approve
Is cabinet in constitution?
Nope. It’s weak. Gov has grown large and specialized and heads of departments know their shit. It would be a waste of time to have them discuss
What helps Pres get his way with congress
- Same party
2. When it’s about foreign issues
Two presidencies
Domestic and foreign, foreign is much more dominant
Vetoes common?
NO, but they are seldom overriden.
Sig of Pres going public
Enhanced their power to shape public opinion
What can decrease a presidents popularity
Economic recession
Why do individuals stay away from working for gov
X
What 2 bosses do federal agencies have
Pres and Congress
Who appoints head of department
Pres appoints, senate approves
Newest federal dept
Homeland security
Independent regulatory commissions and how they operate
Entity in the executive branch that is outside of the immediate control of the president and congress.
They issue rules and regulations to protect public
Run by commissioners
What do bureaucrats do
Unelected policy makers
MAKE RULES
Patronage
The practice of distributing government offices and contracts to supporters of the winning party (spoils system)
Pendleton act of 1883
Created a bipartisan civil service commission to oversee a system of appointments to certain executive branch posts on the basis of merit
What did Clinton mean by making gov look more like America
Appointing women and minorities to top positions in his administration
Birds of passage
Top political appointees
Never stay long
Which Pres established a Plumbers Unit
Nixon (this is a personal domestic surveillance and espionage unit)
How can congress influence the behavior of an agency?
By legislating agency organization and mission, confirming or refusing to confirm presidential appointments, controlling agency budget, holding oversight hearings, using inspector general
Oversight hearings
Important instrument for gathering info about policies and performance of federal agencies
Privatization
Turning over certain govt functions to the private sector
Need to know Example: defense department used a private contractor for making its weapons
Red tape
Overbearing bureaucratic rules and procedures
Reinventing govt, and who supported it?
Transforming federal bureaucracy by cutting the fat, privatizing, and introducing business principles into executive branch
Bill Clinton, al gore
Judicial review + what Hamilton thought
Power of Supreme Court to declare actions of other. Ranches and levels of gov unconditional
Significant of Marbury vs Madison
Established judicial review
Only court mentioned in US constitution
Supreme Court
Dif between constitutional and legislative courts
Const courts are Federal courts created by congress under the authority of article III of constitution
Leg courts are highly specialized federal courts created by ingress under article I if constitution
Federal court structure
Draw a pyramid
Top: supreme
Middle: 13 appeals courts
Bottom: 94 federal courts
Original jurisdiction
Courts where cases are first heard (district courts)
Grand vs Petit juries
Grand bring indictments, petit decide cases
Appellate jurisdiction
Exist only to hear appeals from other courts (circuit court)
State decisis
Legal doctrine that says percent should guide judicial decision making
What type of jurisdiction does US Supreme Court have
Both original and appellate, mostly appellate
Qualification to be a judge
X
Senatorial courtesy
The tradition that a judicial nomination for a federal district court seat be approved by the senior senator of the presidents party from the state where a district court is located before the nominee is considered by the senate judiciary committees
When does Supreme Court convene
First Monday in October to late June or early July
Identify unwritten rules of behavior (norms) (of Supreme Court)
Secrecy: keeps conflicts out of public eye
Seniority: senior members speak first
Precedent: don’t overrule self in one decision
How many justices does it take to grant writ of certiorari?
4/9
How many cases does Supreme Court hear per year
About 80
Amicus curse brief
A brief in which individuals not party to a suit may have their views heard (“friend of the court” brief)
What factors are most influential in predicting how a justice votes
Ideology is increasingly most important
What is majority opinion? Who writes it?
Actual written opinion of court. One of the jay tuxes that the chief justice chooses, or if the Chief Justice was in the minority, then whoever the most senior member of the majority chooses
Periods of Supreme Court
- Early 1800s-civil war. John Marshall. Max protection of property rights and nationalism over states
- Civil war-great depression. Business and Supreme Court alliance.
- WW II - mid 1980s. Earl Warren. Expanded protections for free expression, fair trials,ccivil rights for minorities, religious expression.
- 1991-present. Rehnquist, Roberts. Reconsideration of federalism in favor of states rights. Consistently conservative. Friendly to business.
Judicial activism
Actions by the court that purportedly go beyond the role of the judiciary as interpreter of the law and adjudicator of disputes
Original intent:
Doctrine that the city’s must interpret constitution in ways consistent with framers intent rather than in light of contemporary needs.
Class action lawsuits
Lawsuits in which a small number of people sue on behalf of all people in similar circumstances.
What is majority opinion? Who writes it?
Actual written opinion of court. One of the jay tuxes that the chief justice chooses, or if the Chief Justice was in the minority, then whoever the most senior member of the majority chooses
Periods of Supreme Court
- Early 1800s-civil war. John Marshall. Max protection of property rights and nationalism over states
- Civil war-great depression. Business and Supreme Court alliance.
- WW II - mid 1980s. Earl Warren. Expanded protections for free expression, fair trials,ccivil rights for minorities, religious expression.
- 1991-present. Rehnquist, Roberts. Reconsideration of federalism in favor of states rights. Consistently conservative. Friendly to business.
Judicial activism
Actions by the court that purportedly go beyond the role of the judiciary as interpreter of the law and adjudicator of disputes
Original intent:
Doctrine that the city’s must interpret constitution in ways consistent with framers intent rather than in light of contemporary needs.
