Final Review Flashcards

1
Q

What does CRS stand for? What do they do?

A

Congressional Research Service. The provide nonpartisan research for members of congress

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2
Q

What does GAO stand for? What do they do?

A

Government Accountability Office. Acts as the watchdogs of congress by auditing, evaluating, and investing how tax dollars are spent

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3
Q

What do committee staffers do?

A

Work directly with congressional committees. Drafts legislation, prepare briefings, and coordinate hearings.

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4
Q

What do interest groups and lobbyists do?

A

Represent the interest of businesses, unions, advocacy groups, and others. Provide data, analysis, and argument.

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5
Q

What are some example of interest groups?

A

American Association of Retired Persons (AARP) which argue for seniors through lobbying and public campaigns. They fight for protecting social security and Medicare. National Education Association (NEA) represents teachers and other school employees, fight for public education and high teaching salaries.

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6
Q

In 2023 what industry had the highest in spending on federal lobbying?

A

Pharmaceuticals and Health Products

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7
Q

Pluralist Theory

A

Political power distributed among
groups; they fight it out as stand-ins
for people
* “The flaw in the pluralist heaven is that
the heavenly chorus sings with
a strong upper-class accent.” –
Schattschneider
* Corporate PACs exist, but not as much
for consumers

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8
Q

Disturbance Theory

A

Groups form in response to change

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9
Q

Transactions Theory

A

Public Policy results from transactions
among political players
* Collective goods and free riders – Mancur
Olson
* Someone has to take on the work of
organizing

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10
Q

Levels of Membership

A

Leadership
* Working Members
* Dues-Paying Members
* “free riders”

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11
Q

Moral Incentives

A

Care about the outcomes

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12
Q

What is Lobbying?

A

Is the act of trying to influence lawmakers or government officials to make decisions or pass laws that benefit a particular group of people or cause.

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13
Q

When should Lobbying occur?

A

1- Before a bill is being introduced this could help to shape the content of the bill or convince them not to propose something harmful to the cause
2- Durning a committee hearings most bills are reviewed and amended in committee before going to full chamber. Lobbyist can suggest changes and provide expert testimony.

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14
Q

Access and Influence

A

The colloquial meaning is too broad:
 Convincing a policymaker to listen to
arguments
 Establishing a ”regular relationship”
with a policymaker for the exchange
of information
 Becoming institutionalized in the
policy process, such as formal
representation on an agency
advisory committee
 Gaining influence

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15
Q

Access itself helps lobbyists learn about

A

Scheduling of hearings
 Mark-ups
 Floor debates
 Votes
 Procedural strategies that
committee chairs will use
 Position-taking strategies of
legislators
 Planned amendments

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16
Q

to influence, groups invest in expertise

A

National Association of Realtors
 Professional economists to assess
impact of tax policies
 EDF
 Engineers to assess impact of land use
policies
 Nat’l Ass’n of Life Underwriters
 Accountants/lawyers to monitor laws
relating to insurance companies.
 Members testify at hearings, plaintiffs in
lawsuits, write letters

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17
Q

CORPORATE RESPONSE AND REGULATORY CAPTURE

A

1-Old way – directly petition the
government to raise ICC rates
2-By the early 70s,
individual firms seek
things from policymakers
(gov’t contracts; tax
breaks; specific regs)
3-By the mid-70s, there’s a
shift to outside strategies
* Networking:
* ”Walker built a coalition–not
seeking specific breaks for a
single company but bringing
together a large number of
firms (over three hundred by
the early 1980) behind a
common agenda.” (p. 125)
* Mass campaigns
* ”Walker pioneered the tactic
of getting local company
officials, armed with local job
loss and gain figures, to meet
directly with their House or
Senate member.” (p. 125)

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18
Q

Three notable (surprising?)
defeats occurred during the
Carter administration

A

Blocked creation of consumer
rights advocacy agency
 Blocked an increase in penalties
for labor law violations
 Capital gains tax did not
increase; it was cut in half

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19
Q

NLRB

A

a federal agency that adjudicates disputes between unions
and business

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20
Q

Lobbyists

A

Any individual who is either employed or retained by a client for financial or other compensation whose services include more than one lobbying contract: and whose lobbying activities constitute 20% or more of his or her time in services for that client over any three-month period

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21
Q

REGULATION OF LOBBYISTS

A

Federal Regulation of Lobbying Act (1946)
 Required the registration of lobbyists.
 Lobbying Disclosure Act (1995)
 Stricter Definition of Lobbying
 Tougher Registration Requirements
 Report clients and issues
 Estimate amount paid by clients
 Honest Leadership and Open Government Act (2007)
 Bans of gifts, longer waiting periods for members.

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22
Q

Political Parties

A

Definition (Caesar): An organization that
seeks influence over the government by
increasing the number of party members in
government.

23
Q

Are Political Parties and interest groups the same?

A

No, it is different from an interest group
* Parties are office seekers
* Interest groups are benefit seekers
* Remember, the purpose of parties is to
win elections, sometimes to the
frustration of interest groups (and
voters)
* Parties are often allied with interest groups,
however, they are not the same

24
Q

What are Burke and Madison’s views on parties?

A

Burke: Sees parties as good, views the general
welfare.
* Madison: See parties as bad, embodiment of
faction

25
What are political scientist views on parties?
They agree with Burke. The political parties created democracy and modern democracy is unthinkable save in terms of the parties. * Political scientists think that parties are good.
26
What is logrolling?
the practice where politicians exchange favors, especially by mutual voting for each other's proposed legislation12345. It often involves supporting a policy or regulation not directly advantageous to one party but in return for support in their own interests. "I'll support your bill if you support one of mine"
27
Party Standings in current time
Parties have less influence than they once had. Voters don't like them as much and now there are more independent voters.
28
What is a party-group theory?
“A body of men united . . . Upon some particular principle” – Edmund Burke, 1770 * “A group whose members propose to act in concert in the competitive struggle for power” – Joseph Schumpeter, 1942
29
What is a Party? (Legislature theory)
Schwartz-Aldrich: Parties have incentives to form “long coalitions.” * Coalitions are mutually beneficial to members * More beneficial than independent, atomistic lawmakers * (payoffs imply some form of distributive politics) * In effect, parties solve two prisoners’ dilemmas: * Getting people to vote * Getting legislators to cooperate
30
Influence Strategies
Lobbying is imperfect for groups * Generally, works with shared goals * Officeholders can be persuaded, but * Needs to be beneficial * Needs to line up with existing goals * Also, difficult * Principal-agent problem
31
nominations
* Parties control the nomination process * Candidates meet with groups, leaders, activists, etc * Invisible primary * Insider endorsements typically predict well
32
The US Supreme Court
1. Created by Article III of the Constitution 2. Has 9 Justices (by statute (law)) 3. Justices are appointed by Presidents for life 4. Have the final word on statutory interpretation 5. Have the final word on the constitutionality of statutes 6. Most people consider them largely predictable: There are “liberal” justices and “conservative” justices
33
Causes – Polarization is an elite phenomenon
Authors dismiss several potential causes * Polarized electorate * but electorate seems less polarized than Congress (next slide) * Southern realignment * but what about non-Southern Republicans getting more conservative? * Gerrymandering * but there is polarization in Senate and single- member states. Tammy Baldwin and Ron Johnson? (next slide) * Primary elections * but there have always been primaries; can’t explain a change with a constant
34
Presidential Powers
In article 2 “The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected, as follows:” * The President shall be commander in chief of the Army and Navy of the United States, and * of the militia of the several states, when called into the actual service of the United States; * he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and * he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. He shall have power, by and with the advice and consent of the Senate, to make treaties, * provided two thirds of the Senators present concur; and he shall nominate, and by and with * the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: * but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments. * The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. * NOTE: Executive agreements are an exception to the treaty power – sometimes expeditious * Only last from president-to-president * Cannot supersede US laws * Give a state of the union message (does not have to be oral) * Call a joint session of Congress * Receive ambassadors [HEAD OF STATE] – think Articles of Confederation contrast * Recognition of governments? * Commission officers * “take care that the laws be faithfully executed” Take care clause implies the ability to: * Remove appointees * Issue regulations * Issue proclamations * Issue executive orders
35
How does the president oversee the implementation of laws?
The president oversees the implementation of laws primarily through the executive branch, which includes federal agencies and departments (like the Department of Justice, Homeland Security, etc.). Once Congress passes a law, it’s up to these agencies—under the president’s direction—to interpret and enforce it. The president exercises this oversight by: Appointing top officials (with Senate approval) who lead agencies and influence how laws are executed. Issuing executive orders to guide how laws should be implemented. Using budgetary tools and administrative oversight to shape how aggressively or passively laws are enforced.
36
How distinct is the president from the bureaucracy, if at all?
The president and the bureaucracy are interconnected but distinct: The bureaucracy is made up of career civil servants and professionals who often remain in their positions across administrations. They provide continuity, expertise, and structure to government operations. The president, on the other hand, is a political figure who sets the vision and priorities for how the bureaucracy operates. However, the president doesn’t control every aspect of it. So while the president relies on the bureaucracy to carry out policies, he or she is not fully in control of it—bureaucrats may resist, reinterpret, or slow-roll implementation, depending on institutional dynamics and personal beliefs.
37
Whither Congress?
This question often implies a concern: What is happening to Congress’ power? In recent decades, many scholars argue that Congress has: Delegated significant authority to the executive branch, especially in areas like national security and regulation. Become more partisan and gridlocked, which sometimes makes it less effective in crafting and passing legislation. Allowed the president to take on a more central role in policymaking, especially through executive actions and emergency powers. So "whither Congress?" reflects anxiety over its diminishing assertiveness and its retreat from being the primary policy driver it was originally designed to be.
38
To what extent does the president initiate legislation?
Technically, only Congress can introduce bills, but presidents play a major role in initiating legislative agendas: They often propose key policies in the State of the Union address or through formal proposals. They work with congressional allies to sponsor and champion bills that align with their priorities. They use their platform to influence public opinion and put pressure on lawmakers. While the president doesn’t write or pass laws directly, the modern presidency is a central force in shaping what Congress does or doesn’t consider.
39
Take care clause implies the ability to do what?
Remove appointees * Issue regulations * Issue proclamations * Issue executive orders
40
When is the veto threat credible? When will Congress actually believe that the president is serious about rejecting a bill?
The veto is the president's power to say "no" to a bill passed by Congress. But for Congress to care about a threat of a veto, they have to believe the president will really use it—that the threat is credible. Congress can try to combine laws they know the president wants with rules that limit what the president can do. For example: They might attach a popular funding bill (which the president likes) to a restriction (like limiting military actions or how money can be spent). This puts the president in a tough spot—either accept the restriction or veto the whole package and risk losing something important. So, sometimes Congress plays offense: they say, “You want this bill? Then you also have to take these limits on your power.” "Signing statements." A signing statement is a note the president writes when signing a bill into law. It often says: How the president interprets the law Whether they think parts of it are unconstitutional Sometimes even that they won’t enforce parts they disagree with So even if the president doesn’t veto the bill, they might push back by using a signing statement to undermine parts of the law after the fact. Putting it all together: This is saying that the president's threat to veto a bill is most believable (or "credible") when they really dislike parts of the bill—especially if Congress has added restrictions on the president’s powers. But if the president doesn’t want to go through the political cost of a veto, they might still sign the bill and just use a signing statement to quietly resist or reinterpret the parts they don’t like.
41
How can the President control the policy process?
-Propose legislation:Even though only Congress can formally introduce bills, the president can still propose ideas for new laws. - Issue unilateral proposal (executive order) This means: The president can act alone (without Congress) by signing an executive order. An executive order is like a rule the president gives to federal agencies, telling them how to do their jobs or how to enforce existing laws. It’s fast, and it doesn’t need Congress’s approval. So if Congress is too slow or won’t cooperate, the president can still make things happen on their own—within limits. - Solve an international conflict: The president can influence policy by handling foreign affairs—like negotiating peace, sending aid, or managing crises. Why does this matter for policy? Because solving international issues can: Shift public opinion Strengthen the president’s leadership image Affect laws, spending, and national priorities For example: Ending a war, brokering a treaty, or responding to a global emergency can shape both foreign and domestic policy.
42
What does OMB do?
OMB’s central clearance is a presidential filter between the executive branch and Congress: * OMB reviews legislative proposals from agencies * OMB reviews: proposed executive orders; proclamations; executive branch testimony before Congress * OMB coordinates agency/president response to pending legislation in Congress, e.g., recommends whether president should sign/veto a bill * OMB reviews regulation Originated from 1970s efforts to reduce the impact of regulation on business * Presidents (Nixon, Ford, Carter, Reagan, etc.) wanted to monitor government regulations that imposed heavy costs on businesses * subjected regulations to a cost-benefit analysis * OMB meets with industry/groups to discuss pending regulations
43
Who Administers the Bureaucracy?
The scope of Congress’s involvement in administration is vast * detail in statutes (use of ”riders” in appropriation bills) * redundant and intrusive investigations * creation of independent commissions to perform regulatory tasks that could be carried out by existing executive departments * statutory restrictions on personnel policies * directives in committee reports * casework demands that consume agency time * passage of private bills * legislative vetoes (unconstitutional since 1983) * Repeal of agency rules are filibuster-proof, within a time-limit Many actors are actively involved in administration * Interests groups are formally invited to participate in agency proceedings, as defined by the Administrative Procedure Act of 1946, among other statutes * Courts frequently review agency decisions for constitutionality, consistency with congressional intent, and procedural fairness * So, it would be anomalous to restrict Congress to the role of an observer
44
Delegation when it comes to presidential powers.
Economic Stabilization Act of 1970 * president can ”issue such orders and regulations as he may deem appropriate” to stabilize prices, rents, wages, and salaries * OSHA * authorized the executive branch to ”assure so far as is possible every working man and woman in the nation safe and healthful working conditions”
45
Who does the cabinet report to
* Initially thought to be Congress * Washington Disagreed * Washington wins * Early departments: * War, Foreign Affairs, Treasury in 1781 * For Treasury, various models, originally a board structure
46
What are the different appointments
PAS (1200, presidential appointments requiring Senate approval) * https://ourpublicservice.org/perfor mance-measures/political- appointee-tracker/ * PA (Presidential appointments NOT requiring approval) * SES (Non-career Senior Executive Service (700)) * Senior Management, link between PAS and rest of bureaucracy * Schedule C
47
Rulemaking what is a rule
A rule means the whole or part of an agency statement of general or particular applicability and future effect designed to implement, interpret or prescribe law or policy.” * Can address any area of public policy. * Constrained by existing law. * Authority-granting statute * The APA * Judiciary (RIP Chevron)
48
What is OIRA and what does it do?
Regulatory review took several turns after 1980 Congress created the Office of Information and Regulatory Affairs (OIRA) in 1980 as a part of the Paperwork Reduction Act OIRA only reviewed government information requests (e.g., surveys and forms) OIRA administrator appointed by OMB director Reagan issues executive order 12899, which adds regulatory review to OIRA OIRA was an appealing location because administrator was picked by OMB director In 1986, Congress makes OIRA administrator subject to Senate confirmation in PL 99-500, a 400-page omnibus appropriations bill
49
What is Fisher's view on bureaucracy?
The legislative function does not cease with a bill that creates agency. Only by monitoring the operation of a law can member uncover statutory defects and correct agency misinterpretations.
50
Who Administers the Bureaucracy?
Many actors are actively involved in administration * Interests groups are formally invited to participate in agency proceedings, as defined by the Administrative Procedure Act of 1946, among other statutes * Courts frequently review agency decisions for constitutionality, consistency with congressional intent, and procedural fairness * So, it would be anomalous to restrict Congress to the role of an observer
51
OSHA?
authorized the executive branch to ”assure so far as is possible every working man and woman in the nation safe and healthful working conditions
52
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