Final Flashcards
Expressed Powers (enumerated powers)
constitutional or statutory powers that are expressly provided for by the U.S. constitution; also called enumerated powers
implied powers
the powers of federal government that are implied by the expressed powers in the constitution, particularly in Article 1 section 8
necessary and proper clause
Article 1, section 8, clause 18, of the constitution, which gives Congress the power to make all laws “necessary and proper” for the federal government to carry out its responsibilities; also called the elastic clause.
bureaucrat,
Someone who is in the background of the government
government corporation
created government agencies where they can sell a service if okayed by the government. Examples: Postal service, FDIC, Amtrack
independent executive agency,
agencies that are government owns but independent because they have sensitive information in them. Example: NASA, CIA, SSA
independent regulatory agency,
a federal organization that is responsible for creating and implementing rules that regulate private activity and protect the public interest in a particular sector of the economy. Examples: EPA, Fed, FCC
issue networks
groups of individuals or organizations which consist of legislators and legislative staff members, interest groups leaders, bureaucrats, the media, scholars, and other experts, that support particular policy positions on a given issue.
rule making
the process of undertaken by an administrative agency when formally proposing, evaluating, and adopting, a new regulation.
What is the main job of the bureaucracy?
The main job of the bureaucracy is to do their jobs, Everyone in a bureaucracy reports to one person expect for the head of the bureaucracy. the Presidental bureaucracy is to make sure the president looks good.
What are executive departments and agencies?
They are departments that are part of the president’s executive branch, they are appointed by the president and are supposed to do follow the presidental polices.
conference
in regard to the Supreme court, a private meeting of the justices in which they present their arguments concerning a case under consideration
dissenting opinion
A statement written by a judge or justice who disagrees with the majority opinion
federal question
A question pertaining to the U.S. constitution, Acts of Congress, or treaties. A federal question provides a basis for federal court jurisdiction
precedent
a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts and legal issues
senatorial courtesy
a practice that allows a senator of the president’s party to veto the president’s nominee to a federal court judgeship within the senator’s state.
What is judicial independence? From whom is the judiciary independent from?
independence of branches as well as a voter.
What is judicial review?
The power to declare something unconsituitional and of the actions of the executive branch.
How does judicial independence affect the Supreme Court’s use of judicial review?
They can say what different things mean. Judicial independence is consititutional Judicial review is not.
Which courts are the trial courts in the federal judicial system?
State courts
What kind of cases does the Supreme Court review?
final decision makers on laws, treaties, constitution, Federal question, Federal and State court decisions.
What are formal powers?
They are stated in the consitution. Powers of the president, sign or veto legislation; pardon power; Commander-in-Chief; appointment power (don’t need to know everyone he can appoint); Chief Executive (power to carry out the laws); negotiate treaties
Who are the constitutional heads of the U.S. House and U.S. Senate?
U.S. house- Speaker of the house U.S. Senate- Majority Leader
chief diplomat
the role of the president of the United States is recognizing and interacting with foreign government
conference committee,
a temporary committee that is formed when two chambers of congress pass differing versions of the same bill. the conference committee consists of members from the House and the Senate who work out a compromise bill
Defense Dept.;
executive agencies Duties: manage the armed forces; operates military bases.
State Dept;
executive agencies Duties: negotiates treaties, develops our foreign policy, protects citizens abroad Subagencies: bureau of consular affairs, passports
Treasury Dept;
executive agencies Duties: Pays all federal bills, borrows money, collects federal taxes, mints coins and prints paper currency, supervises national banks. Subagencies: internal revenue service, U.S. Mint
Dept. of Justice;
executive agencies Duties: Furnishes legal advice to the president, enforces federal criminal laws, supervises the federal corrections system. Subagencies: FBI, DEA, Bureau of prisons, U.S. Marshals service
Dept. of Homeland Security;
executive agencies Duties: works to prevent terrorist attacks within the United States, control America’s boarders and minimize the damage from potential attacks and natural disasters subagencies: U.S. Customs and Border protection, U.S. Bureau of Citizenship and immigration services, U.S. Coast Guard, secret service, federal emergency, Management Agency
What are independent executive agencies?
A federal agency that is not located within a cabinet department
CIA;
Independent executive agency duties: gathers and analyzes political and military information about foreign countries, conducts covert operations outside the United States.
NASA;
Independent agency executive duties: is responsible for the U.S. space program, including building, testing,and operating space vehicles
Social Security Administration (SSA)
Independent agency executive duties:: manages the government’s Social security programs, including retirement and survivors insurance, disability insurance and supplemental security income.
What are independent regulatory agencies?
A federal organization that is responsible for creating and implementing rules that regulate private activity and protect the public interest in a particular sector of the economy.
EPA;
independent regulatory agencies, undertakes programs aimed at reducing air and water pollution, works with state and local agencies to fight environmental hazards.
Federal Reserve and Federal Communications Commission (FCC)
independent regulatory agencies, regulates interstate and international communications by radio, television, wire, satellite and cable
What are the government corporations?
an agency of the government that is run as a business enterprise. Such agencies engage primarily in commercial activities, produce revenues, and require greater flexibility than most government agencies have
Postal Service;
government corporation: delivers mail throughout the United States and its territories. Is the largest government corporation
Amtrak;
government corporation: provides a national and intercity rail passenger service networks
Federal Deposit Insurance Corporation (FDIC)
government corporation: insures individuals bank deposits up to $250,000 and oversees the business activities of banks
What is patronage?
the practice by which elected officials give government jobs to individuals who helped them gain office. Changes when someone else is elected.
What problems are caused by having a bureaucracy filled with people chosen under patronage?
It has to change when someone new gains office, new training,
What is the civil service?
non military government employees, hires almost all buarecrats based upon a merit system in which each job candidate must be qualified for the job and cannot be fired for lack of political loyalty, Problems: effiencey, treating each other the same, to hard to fire.
How does the Supreme Court decide whether or not to take a case?
The case must have federal question.
What is the Rule of 4?
4 out of the 9 judges to say it can be discussed.
What is oral argument?
A spoken argument presented to a judge in person by an attorney on behalf of her or his client
What influences judicial decisions?
Personal ideology, other rulings, how to interpret laws, evidence from the case, fellow justices.
What is judicial activism?
Judicial activism is the view that judges and justices should use the powers of the courts to correct the mistakes of the other 2 branches or past judicial decisions.
What is judicial restraint?
view that judges and justices should use powers to correct mistakes when nessassary. over legal or constitutional mistakes.
What influences the president’s decision on who to choose as a Supreme Court justice?
Partisanship is tied to political ideology which will affect how a justice interprets laws and the Constitution. Therefore, the president is extremely likely to choose someone from his own party to be a Supreme Court justice. The partisan makeup of the Senate also affects who is chosen. The president must consider who can successfully get through the Senate if the opposing party is the majority.
What are inherent powers?
the powers of the national government that although not always expressly granted by the consititution are neccessary to ensure the nation’s integrity and survival as a political unit. Presidental: executive privilege; executive agreement; executive order; make war
executive agreement
a binging international agreement or pact that is made between the president and another head of state and that does not require senate approval
executive order;
a presidential order to carry out a policy or policies described in a law passed by congress
What is executive privilege?
an inherent executive power claimed by presidents to withhold infomation from or to refuse to appear before, Congress or the courts. The president can also accord the privilege to other executive officials.
What is the job of the whips?
a whip is a member of Congress who assists the majority or minority leader in the House of the Senate in managing the party’s legislative program.
What influences how a member of Congress votes on a bill?
What party they favor
When do members of Congress consider re-election concerns when choosing how to vote on a bill?
When someone is not being loyal to the party that they said they would vote for.
Who can introduce a bill to the House? to the Senate?
Only members of the groups and sometimes the president.
What is an authorization bill?
A part of the congressional budgeting process the creation of the legal basis for government programs. First part of the two part process. Congress passe them to outline the rules governing the expenditure of funds/
What is an appropriations bill?
A part of the congressional budgeting process the determination of how many dollars will be spent in a given year on a particular government activity. Congress determines how many dollars.
Why do policies need both authorization and appropriations?
Because the government needs to know why they are going to spend the money and how much they are going to spend on a certain one.
What is the role of committees in lawmaking?
To do the best they can for the committees that they are responsible for.
What is markup?
a meeting held by a congressional committee or subcommittee to approve, amend, or redraft a bill.
Why is the House Rules Committee key to lawmaking in the House and who controls it?
committee in house used by the majority party to determine what bills come to the House floor, when they come to the House floor, how many amendments can be attached to the bill and how long the bill will be debated before the final vote.
What is an unanimous consent agreement?
A unanimous consent request setting terms for the consideration of a specified bill or other measure. These agreements are usually proposed by the majority leader or floor manager of the measure, and reflect negotiations among senators interested in the measure. Many are “time agreements,” which limit the time available for debate and specify who will control that time. Many also permit only a list of specified amendments, or require amendments to be to the measure. Many also contain other provisions, such as empowering the majority leader to call up the measure at will or specifying when consideration will begin or end.
How can a filibuster kill a bill?
filibusters may be ended by invoking cloture a procedure for closing debate and bringing the matter under consideration to a vote in the senate. 16 senators must sign a petition requesting cloture. then 3/5 of the entire membership must vote for cloture.
What is cloture and how does it work?
A procedure for ending filibusters in the Senate and bringing the matter under consideration to a vote. 16 senators must sign a petition requesting cloture. then 3/5 of the entire membership must vote for cloture.
What is a silent filibuster (also called the 2 track system) and how does it make it easier to block
A silent filibuster is someone who places a hold on a bill, it is anonymous
What is fiscal policy?
Policies on government taxing and spending
Who makes fiscal policy?
set by Congress and the President.
What is monetary policy?
actions taken by the Federal Reserve Board to change the amount of money in circulation to affect interest rates, credit markets, the rate of inflation, the rate of economic growth, and the rate of unemployment.
Who sets monetary policy?
Federal Reserve Board
enumerated powers (learn this term) of Congress:
power to tax and borrow; power of the purse (only money appropriated by Congress available); declare war; regulate interstate commerce (Interstate Commerce Clause); pass legislation; impeachment of president, vice-president, and federal judges
How does the necessary and proper clause (elastic clause) affect the powers of Congress?
This clause is a loophole that enables the national government to stretch its enumerated powers as long as it can be argued successfully that it is “necessary and proper for carrying out” their other powers. This meant that every law Congress passes is not required to be explicitly among the enumerated power, such as having an Air Force or Medicare or the Federal Reserve as a national bank. The implied powers come from this clause.
What is impeachment and why does it exist? Do not need to know details of how impeachment works.
impeachment is when someone gets removed from office by 2/3 of the senate. it exist because to protect against any wrong doings.
Checks and Balances under the legislative branch
Legislative checks Executive and Judicial by impeachment. Legislature checks the Executive with Senate approval of nominations to judgeships and to top-level bureaucratic positions, including the cabinet. Legislature checks Executive by the requirement that 2/3 of the Senate must approve a treaty negotiated by the president. Legislature checks the Executive by overriding a veto with a 2/3rds vote in both the House and the Senate. Legislative can check judicial rulings on the interpretation of a law by changing that law.
Checks and Balances under the Executive branch
checks legislative with veto, checks judicial with appointment powers and pardons.
checks and balances under the Judicary branch
the power of the courts to decide on the constitutionality of legislative enactments and of actions taken by the executive branch. (judicial review)
How do interest groups lobby members of Congress? When will members of Congress be most influenced by these interest groups?
Make relationships, provide research, offer testimony, provide legal advice, follow upon legislation. during elections
Do campaign donations mean the interest group is guaranteed the vote of the elected official on bills?
no
Can the federal judges be lobbied?
no
What is neutral competence?
ideal that bureaucrats, particularly those under Civil Service protections will offer advice and carry out policies based upon their expertise without concerns about partisan politics. includes idea that these bureaucrats can tell the president, “that’s a bad idea” or simply “no we can’t do that.”
What is policy implementation?
is the stage of a policymaking in which the executive branch mostly the bureaucracy carry out the policy.
Chief Executive,
the head of the executive branch of government, in the U.S. it is the president
Commander In Chief,
the supreme commander of the nation’s military force. the President
executive agreeement,
a binding international agreement or pact that is made between the president and another head of state and that does not require Senate approval.
Executive Office of the President (EOP),
A group of staff agencies that assist the president in carrying out major duties
executive privilege
an inherent executive power claimed by presidents to withhold information from, or to refuse to appear before, congress or the courts, the president can also accord the privilege to other executive officials.
foreign policy
a systematic and general plan that guides a country’s attitudes toward the rest of the world. foreign policy includes all of the economic, military, commercial, and diplomatic positions and actions that a nation takes in its relationship with other countries.
markup session,
a meeting held by congressional committee or subcommittee to approve, amend or redraft a bill.
minority leader,
the party leader elected by the minority party in the House of in the Senate
pocket veto,
a special type of veto power used by the chief executive after the legislature has adjourned. Bills that are not signed die after a specific period of time.
trustee,
a representative who tires to serve the board interests of the entire society and not just the narrow interests of his or her constituents.
domestic policy
public policy concerning issues within a national unit, such as national policy concerning health care and or the economy
What indirect election still exists?
the Presidental elections
What is the job of the Electoral College?
to elect the president
What is an executive order and to whom does the president give orders?
a presidential order to carry out a policy or policies described in a law passed by Congress. order is given to all or part of the Executive Branch and can create new policy
How do rules such as unanimous consent and filibuster help the minority in the Senate?
a filibuster can kill a bill by preventing a final vote on a passage of a bill. it thwarts the majority because stopping a filibuster takes 60 senators for cloture.
What is meant if a member of Congress is acting as a delegate? politico?
Delegate- politico- term used to refer to a representative or senator whose vote with his/her constituents on those votes very important to his/her state or district. on other votes where consitutents interest is low, he/she will vote based upon their views.
What powers (formal and inherent) given to the president, besides his role as Commander-in-Chief, help the president dominate foreign policy?
Inherent: executive agreement
How do interest groups lobby the president?
go through his advisors
How do interest groups use litigation to influence policy?
by donations, which provide access to the representative or senator. this will give the interest group lobbyist an opportunity to influence the representative or senator on legislation, it does not mean the elected official will vote in ways that match the interest groups preferences
How do bureaucratic agencies set policy through rule making?
Increase awareness and lead investigations and offer expertise in their areas.
How can bureaucrats influence the Congress and the president when they are making a policy?
They can provide their expertise in their areas and if they are good at it congress and the president will believe them.
How is expertise related to the influence of a bureaucratic agency?
They are a trusted and relable source.
What is administrative discretion?
Ability of a bureaucrat to make a decision without supervison, it is used to adjust implemtation to changing conditions including changing priorities of the president or congress.
Be able to explain how the bureaucracy can use administrative discretion in implementing policy.
When you get pulled over cops decide who they pull over or who they give tickets too.
What does Congress use to check on and influence the bureaucracy? Power of the purse, they do not give money if they do not approve. Congress has oversight powers. 8.
Power of the purse, they do not give money if they do not approve. Congress has oversight powers.
What does the president use to check on and influence the bureaucracy?
Appointment powers budgeting OMB executive orders.
How can the courts determine what the bureaucracy can and cannot do?
Judicial review, interpretation.
How does the makeup of the Senate affect the nominations of the president to all federal courts?
Whatever the Senate is the president has to figure out if the Senate will like the person from that party.
What is senatorial courtesy?
A practice that allows a senator of the presidents party to veto the presidents nommiee to a federal court judgeship within the sentors state.
Can a nomination to a federal district court or appellate court be filibustered?
Yes
Can a nomination to the Supreme Court be filibustered?
yes
Who implements the rulings of the Supreme Court?
Police, judges, local and state governments, lowers and federal state courts, exevutive and legislative branch.
After the president nominates a judge or Supreme Court justice, what must happen for the nominee to get the position?
Needs to get majority vote in judiciary committee in the full senate.
How long do federal judicial appointments last?
Lifetime
Know how the judiciary checks the other 2 branches.
Declares things unconsituational, 2. The Legislative Branch checks executive and judicial by impeachment. The Executive checks judicial with appointment power and pardons.
Powers of Judiciary to know:
The Supreme Court has jurisdiction over all cases involving the national government. Through judicial review it can rule laws or actions by the Executive Branch unconstitutional and, therefore, null and void. It also interprets what the laws, regulations and treaties of the US mean and can use that to direct implementation
Why does the judiciary get the least media coverage of the 3 branches of government?
it doesn’t need the public’s vote or opinion
Which part of the judiciary gets the most media coverage?
Supreme court
What are the health care policies identified in class?
Medicare, Medicaid, CHIP (children’s Health insurance program), VA (veterans) Affordable care act.
What is the purpose of Medicare and Medicaid?
Medicare- everyone is eligible, old people health care for everybody, medicaid- income test, certain income can qualify, does not have an age test, done through the states.
What are the major provisions of the Affordable Care Act?
Regulations on health insurance companies, no longer pre-existing conditions (can’t deny you coverage completely ), required that 80% from premium goes into healthcare coverage, no longer set limit on how much you can cost them.
Why did Republicans completely oppose the Affordable Care Act?
it had Obama’s name attatched to it, party polarization, simply new/difficult, required you to get it, IRS is involved.
Why has the congressional power of declaring war not been much of a check on presidential war-making powers after WWII?
The US military capability has gone way up, it is the biggest baddest military
What powers can Congress use to check the president on foreign policy?
power if the purse, they have pre-emptive action before the president starts to be active
What limits the ability of Congress to check the president on foreign policy?
go through law making process, cant make quick decsisons
What can Congress use to check the president’s war making ability?
power of the purse, once the troops are committed the slow way doesnt work too well for them, pre-emptive legislation
What non-governmental check exists to check the president’s war making power?
how it affects allies and other countries, domestic politics (can’t remove war making from this) public support is vital
President checks
Congress with veto power. President checks judiciary with appointment power and pardons.
What is required to win a presidential election?
50% +1
What makes a state a battleground state in a presidential election during the general election?
it depends on how many electoral college votes the state has
How does a more partisan media, especially on the Internet, influence people’s views on issues the president favors?
it has a skewed belief, so people hear or see one thing and possibly agree with it right away, even if it possibly isn’t true, people that do not agree with the president can make the president look very bad on media and the internet
Why does the Speaker of the House have more power over his/her chamber than the Senate Majority Leader does over his/her chamber?
because as long as the majoritarian part sticks together, they will be able to get things done. the Senate majority leader has to work the minority leader and try to compromise things.
Who in the Senate decides to bring a bill to the floor?
Senate Majority Leader
How does unanimous consent influence, which bills come to the floor of the Senate?
The vice president decides
What does it take to override a presidential veto?
2/3 majority in both chambers
What differentiates a pocket veto from a “normal” veto?
pocket veto is just when the bill isn’t signed after a specific time period(10 days) and a normal veto is when the president declares a veto on a bill. Pocket veto can not be overridden.
What does it mean that the House is described as majoritarian?
the majority party in the house has a lot of say of what gets passed in the House and what is heard. The important people in the House are from the same party as the majority, more gets accomplished.
What does it mean that the Senate is described as individualistic?
the majority party does not have as much power in the Senate. They have to do more compromising with the majority party.
How are delegate, trustee and politico tied to representation?
these all describe how the members of Congress represent their constituents, this ties in to policy making
Who are constituents?
people back home who support you.
What is oversight and whom does Congress oversee?
Oversight purposes-fix things, prevent problems, identify problems with law, identify how well policy works- all can lead to new bill and change broken/ not working policy. congress oversees the president. part of checks and balances, send his signals if they think you screwed up and maybe you should listen, before decisons is made you can influence, going over things that are mistakes of the President.
When is the Congress more likely to investigate the president?
when the president is the opposite party of the president, make him look bad, make congress look good, push your party’s policy agenda
How is the makeup of Congress tied to the president’s role as Chief Lobbyist (aka Chief Legislator), as he tries to pass legislation he prefers?
if congress is the same party as the president he is more likely to get things passed that he likes. he has the power to agenda set on what bills he likes.
Why is a president’s popularity tied to the ability of act as Chief Lobbyist?
if the public likes the president he can influence congress more and lobby for what the people want, and that makes him look good.
How does veto power help the president influence legislation in Congress?
congress has to work with him in order for him to sign the bill, if they do all that work and the whole time the president doesnt agree it is a waste of time because he will veto.
What are delegated powers?
Powers granted to the Executive Branch by the Congress
Know these delegated powers of the president
budget powers to present a budget to Congress; trade agreement negotiation
Can the president fire his appointees to the bureaucracy?
no
Can the president fire federal employees throughout the bureaucracy?
no
What helps the president direct how the bureaucracy implements policy?
The president can have influence on legislation, executive orders,budgeting, EOP (executive office of the President)
Why does the president use executive agreements?
To get things done
What activities fall under foreign policy?
treaties and executive agreements, make war, trade agreements, sanctions to influence country, foreign aid, emergency assistance, environmental issues.
Why did the writers of the Constitution give Congress the ability to declare war, but the president the power of Commander-In-Chief over the military?
things take too long to get through congress, so in a crisis the president is commander in chief an can make war before it is decalared. quick deisions are seens as self defense
