Institutions Test Flashcards
formal requirements for the President
- at least 35 years old
- resided in the U.S. for 14+ years
- natural-born citizen
informal presidential requirements
white, male, Protestant
22nd Amendment
passed in 1951, the amendment that limits presidents to two terms of office
12th Amendment
provides for the election of the president and vice-president by the electoral college; if a candidate does not have a majority vote, the House of representatives chooses the President and the Senate the vice president
25th Amendment
passed in 1967, this amendment permits the vice president to become acting president if both the vice president and the president’s cabinet determine that the president is disabled; the amendment also outlines how a recuperated president can reclaim the job
impeachment
the political equivalent of an indictment in criminal law, prescribed by the Constitution; the House of Representatives may impeach the president by a majority vote for “treason, Bribery, or other high Crimes and Misdemeanors.”
Watergate Scandal
the events and scandal surrounding a break-in at the Democratic National Committee headquarters in 1972 and the subsequent cover-up of White House involvement, leading to the eventual resignation of President Nixon under the threat of impeachment
differences between contemporary and framers’ view of the presidency
Framers: more limited authority, fewer responsibilities, and much less organizational structure
Constitutional powers of the President
National Security Powers:
commander-in-chief of the armed forces, make treaties (subject to approval of Senate supermajority), nominate ambassadors, receive ambassadors
Legislative Powers: state of the union, recommend legislation to Congress, convene/adjourn Congress, veto legislation
Administrative Powers: “take care that the laws be faithfully executed,” nominate officials as provided for by Congress/approved by Senate majority, request written opinions of administrative officials, fill administrative vacancies during congressional recesses
Judicial Powers:
grant reprieves and pardons for federal offenses (except impeachment), nominate federal judges, who are confirmed by a majority of the Senate
executive order
regulation originating from the executive branch
executive agreement
an international agreement made by the President, without Senatorial ratification, with the head of a foreign state
executive privilege
the right of the executive officials to refuse to appear before, or to withhold information from, a legislative committee; enjoyed by the President
United States v. Nixon
The Supreme Court case which held that the doctrine of executive privilege was implicit in the Constitution but could not be extended to protect documents relevant to criminal prosecutions
shifting historical view of the ideal strength of the president
1950s/60s: favored powerful/strong presidency
70s: Johnson/Vietnam War + Nixon/Watergate people reassess; distrusted president/thought too powerful
more stuff if concerned pg. 408
Vice President
historically little studied/importance; recently some involve in policy discussions/important diplomacy; used to placate symbolic constituency (e.g. Biden military)
cabinet
a group of presidential advisers not mentioned in the Constitution, although every president has had one; today the cabinet is composed of 14 secretaries, the attorney general, and others designated by the president
executive office
collection of offices and organizations loosely grouped; some created by Congress through legislation, president has organized the rest
National Security Council
an office created in 1947 to coordinate the president’s foreign and military policy advisers; its formal members are the president, vice president, secretary of state, and secretary of defense, and it is managed by the president’s national security assistant
Council of Economic Advisers
a three-member body appointed by the president to advise the president on economic policy; prepare the annual “Economic Report of the President,” which includes data and analysis on the current state and future trends of the economy
Office of Management and Budget
an office that grew out of the Bureau of the Budget, created in 1921, consisting of a handful of political appointees and hundreds of skilled professionals; performs both managerial and budgetary functions; prepares the President’s budget
qualities of “good” White House staff
self-effacing, loyal, anonymous
Chief of Staff
the person who oversees the operations of all White House staff and controls access to the president
hierarchical vs. wheel-and-spokes system
chief of staff = head/directs others vs. many aides have equal status and are balanced against one another in the process of decision making
The First Lady
no official government position; Adams/Madison/Roosevelt counseled/lobbied husbands; Wilson ran government when Pres stroked, Johnson on most chose single issue to focus on; Clinton most in politics
chief legislator
not in the constitution; phrase used to emphasize the executive’s importance in the legislative process
veto
the constitutional power of the president to send a bill back to Congress with reason for rejecting it; a two-thirds vote in each house can override a veto
pocket veto
veto taking place when Congress adjourns within 10 days of submitting a bill to the president,w ho simply lets it die by neither signing nor vetoing it
line-item veto
veto on only parts of a bill but the rest becomes law
Clinton v. City of New York
Supreme Court found that Congressional law granting the president authority to propose residing funds in appropriations bills and tax provisions that apply to only a few people was unconstitutional grant of power to president; no line item vetoes
presidential coattails
occur when votes cast their ballots for congressional candidates of the president’s party because they support the president; occurs with presidential elections. in midterms the president’s party generally does worse and loses seats in Congress
presidential public approval
if president has public approval, Congresspeople more likely to more closely associate with them/their policies are more likely to get voted through
more pg. 420
presidential legislative skills
bargaining, making personal appeals, insulting with Congress, setting priorities (agenda builder), exploiting “honeymoon” periods, and structuring congressional votes
the national security roles of the president
chief diplomat, commander in chief, working with Congress
War Powers Resolution
a law passed in 1973 in reaction to American fighting in Vietnam and Cambodia that requires presidents to consult with Congress whenever possible prior to using military force and to withdraw forces after 60 days unless Congress declares war or grants an extension; presidents view the resolution as unconstitutional; asserts the legislative veto
crisis
a sudden , unpredictable, and potentially dangerous event requiring the president to play the role of crisis manager; big but temporary effect on public approval; more important now than before because not a thing before
power from the people: the public presidency
?? pg. 427
the president and the press
?? pg. 432
budget
a policy document allocating burdens (taxes) and benefits (expenditures)
deficit
an excess of federal expenditures over federal revenues
expenditures
government spending of revenues; major areas of federal spending are social services and national defense
revenues
the financial resources of the government; the individual income tax and social security tax are two major sources of the federal government’s revenue
income tax
shares of individual wages and corporate revenues collected the government; the sixteenth amendment explicitly authorized Congress to levy a tax on income
progressive vs. flat tax
those with more taxable income pay higher rates of tax on that income vs. everyone paying the same rates of tax on income
social insurance taxes
go into Social Security Trust Fund, fastest growing
borrowing
Treasury Department sells bonds, guaranteeing to pay interest to bondholders; there is also “intergovernmental” debt: the Treasury owes Social Security and other trust funds because the government has been using for its general purposes payroll taxes and other taxes designated to fund specific programs
federal debt
all the money borrowed by the federal government over the years and still outstanding
tax expenditures
revenue losses that result from special exemptions, exclusions, or deductions on federal tax law
tax reduction
Reagan did massive tax-cut bill and taxes were indexed to the cost of living; didn’t help poor much and deficits continued so Clinton reformed
military industrial complex
the close relationship between the military hierarchy and the defense industry that supplies its hardware needs
Social Security Act
a 1935 law passed during the Great Depression that was intended to provide a minimal level of sustenance to older Americans and thus save them from poverty
Medicare
a program added to the Social Security system in 1965 that provides hospitalization insurance for the elderly and permits older Americans to purchase inexpensive coverage for doctor fees and other health expenses
incrementalism
a description of the budget process where the best predictor of this year’s budget is last year’s budget, plus a little bit more
allowance theory vs. uncontrollable expenditures
agencies given a certain amount to spend vs. expenditures that are determined not be a fixed amount of money appropriated by Congress but by how many eligible beneficiaries there are for a program or by previous obligations of the government (~67%)
entitlements
policies for which Congress has obligated itself to pay X level of benefits to Y number of recipients; Social Security benefits are an example
interest groups (budget)
interest groups lobby for agencies they favor; smart agency heads use interest groups to get money
agencies (budget)
push for more money with OMB and congressional committees
President (budget)
final decisions on what to propose to Congress
House Ways and Means Committees
the House of Representatives committee that, along with the Senate Finance Committee, writes the tax codes, subject to the approval of Congress as a whole
Senate Finance Committee
the Senate committee that, along with the House Ways and Means Committee, writes the tax codes, subject to the approval of Congress as a whole
Congressional Budget Office
congressional equivalent of the OMB, with its parent committees, the House/Senate Budget Committees, set the parameters of the congressional budget process through examining revenues and expenditures in the aggregate and proposing resolutions to bind Congress within certain limits
players in the budget process
interest groups, agencies, OMB, President, tax committees in Congress, CBO, subject-matter committees, appropriations committees, Congress, GAO
Budget and Accounting Act
requires presidents to propose an executive budget to Congress
President’s budget scedule
spring: budget policy developed (OMB presents analysis of economic situation, discuss budgetary outlook and policies, OMB gives guideline to the agencies, who submit projections to OMG, the OMB reviews/prepares recommendations, president establishes guidelines and targets)
summer: agency estimates submitted (the OMB conveys the president’s decisions to the agencies and advises and assists them in preparing their budgets)
fall: estimates reviewed (agencies submit to the OMB formal budget estimates for the coming fiscal year/projections, OMB holds hearings, reviews its assessment of the economy/prepares budget recommendations of the president, president reviews recommendations/decides on agencies’ budgets and overall budgetary policy)
winter: President’s budget determined and submitted (agencies revise estimates based on president’s submitted decisions, OMB reviews economy and drafts president’s budget message/prepares budget document; president revises and approves the budget message and transmits the budget document to Congress)
Congressional Budget and Impoundment Control Act (1974)
an act designed to reform the congressional budgetary process; its supporters hoped that it would also make Congress less dependent on the president’s budget and better able to set and meet its own budgetary goals
things established by the Congressional Budget and Impoundment Control Act
fixed budget calendar, budget committee in each house, Congressional Budget Office
Congressional Budget Office
advises Congress on the probable consequences of its decisions, forecasts revenues, and is a counterweight to the president’s OMB
budget resolution
a resolution binding Congress to a total expenditure level, supposedly the bottom line of all federal spending for all programs
reconciliation
a congressional process through which program authorizations are revised to achieve required savings; it usually also includes tax or other revenue adjustments
authorization bill
an act of Congress that establishes, continues, or changes a discretionary government program or an entitlement; it specifies program goals and maximum expenditures for discretionary programs
appropriations bill
an act of Congress that actually funds programs within limits established by authorization bills; appropriations usually cover one year
continuing resolutions
when Congress cannot reach agreement and pass appropriations bills, these resolutions allow agencies to spend at the level of the previous year
Balanced Budget and Emergency Deficit Control Act
mandated maximum allowable deficit levels for each year until 1993, when the budget was supposed to be in glance; if Congress failed to meet the deficit goals, automatic across-the-board spending cuts were to be ordered by the president
sequestrations
automatic across-the-board spending cuts
president’s party support
idealized: loyalties/commitments to party, not wanted to embarrass administration/hurt chances of reelection, and distrust of opposition party produce party support for White House; members of the same party often share policy views
reality: presidents must be active party leaders/devote time to conversion/mobilization of members of own party in Congress; different opinions on issues/constituents having different opinions (esp. controversial ones) led to party disloyalty
mandates
perception that the President winning an election means the public supports his policies and they should be implemented
checks and balances on national security
Congress can refuse to provide authorizations and appropriations for presidential actions, chief executive can refuse to act
presidential approval factors (basis)
party identification, honeymoon period
presidential approval factors (changes)
president’s handling of policy areas (economy, war, etc.), job-related personal characteristics (integrity), presidential scandals, administrative use of media, reelection
president changing public opinion/mobilizing the public
super rare; try to use bully pulpit but most aren’t great speech givers, public mostly apathetic so doesn’t mobilize
tax reform in the 80s
Reagan proposed, Democrats supported because they didn’t want Republicans to get all the credit, Senate Finance Committee developed similar bill while President away, and Tax Reform Act of 1986 passed: eliminated or reduced the value of many tax deductions, removed several million low-income individuals from the tax rolls, and greatly reduced the number of tax brackets
causes of government growth in Western countries
even anti-government (like Reagan) cannot stop grow of government; two conditions associated with growth are the rise of the national security state and the rise of the social service state
Roles of members of Congress
Policy maker, representative, constituent servant, committee member, politician/party member
Descriptive vs. substantive representation
Representing constituents by mirroring their personal, politically relevant characteristics vs. representing the interests of groups
Trustee vs. delegate representation
A legislator who uses their best judgement to make policy in the interests of the people vs. making policy based on what the constituents think
Perks of being a congress person
Salary, retirement benefits, congressional staff, travel allowances, franking privileges, etc.
27th amendment
Congress sets their own salary
17th amendment
Direct election of senators by constituents
Why incumbents win less in the senate
More diverse district, less personal contact with constituents, more coverage in the media, more visible/financially backed challengers
Advantages of incumbency
Advertising (visibility, contact with constituents), credit claiming (nonpartisan), position taking (if issue is important to voters), weak opponents, campaign spending
Casework
Activities of members of congress that help constituents as individuals; cutting through red tape to get people what they think they have a right to get
Pork barrel
The mighty list of federal projects, grants, and contracts available to cities, businesses, colleges, and institutions available in a congressional district
Role of party identification in congressional elections
Most members of congress represent constituencies in which their party is in the clear majority
How incumbents lose
Involved in scandal, house districts change, major political tidal waves
Open seats
When an incumbent is not running for reelection, there is a greater likelihood of competition
Differences between the house and the senate
House: initiates revenue bills, passes articles of impeachment, senate: confirm presidential nominations, approve treaties, tries impeached officials, house: more centralized power, stronger leadership, senate: less centralized, senate = more prestige, house: more influential on budget (vs foreign affairs) more specialized, house: role of seniority is more important in determining power, house: limited debate, limits on floor amendments allowed
House rules committee
An institution unique to the House of Representatives that reviews all bills coming from a house committee before they go to the full house
Filibuster
A strategy unique to the senate whereby opponents of a piece of legislation try to talk it to death, based on the tradition of unlimited debate; 60 members present and voting can halt a filibuster
Cloture
60 senate members present and voting can halt a filibuster by voting for cloture on debate
Baker v. Carr
redistricting (attempts to change the way voting districts are delineated) issues present justiciable questions, thus enabling federal courts to intervene in and to decide redistricting cases
Wesberry v. Sanders
requires each state to draw its U.S. Congressional districts so that they are approximately equal in population.
Shaw v. Reno
redistricting based on race must be held to a standard of strict scrutiny under the equal protection clause
Speaker of the House
an office mandated by the Constitution; the Speaker is chosen in practice by the majority party, has both formal and informal powers, and is second in line to succeed to the presidency should that office become vacant
majority leader
the principal partisan ally of the Speaker of the House or the party’s manager in the Senate; the majority leader is responsible for scheduling bills, influencing committee assignments, and rounding up votes on behalf of the party’s legislative positions
whips
party leaders who work with the majority leader or minority leader to count votes beforehand and lean on waverers wise votes are crucial to a bill favored by the party
minority leader
the principal leader of the minority party in the House of Representatives or in the Senate
President of the Senate
the vice president
president pro tempore
presides over the Senate when the Vice President is absent; the Senate chooses this individual, typically the most senior senator
recent developments in party leadership
often congressional leaders cannot be effective (delegate representation, decentralization of power, cannot administer severe punishments to those who do not support party’s stand) but party leadership has become more effective recently: more party homogeneity
standing committees
separate subject-matter committees in each house of Congress that handle bills in different policy areas
joint committees
Congressional committees on a few subject-matter areas with membership drawn from both houses
conference committees
Congressional committees formed when the Senate and the House pass a particular bill in different forms; party leadership appoints members from each house to iron out the differences and bring back a single bill
select committees
Congressional committees appointed for a specific purpose, such as the Watergate investigation
significance of committees
they control the congressional agenda and guide legislation
how members of Congress seek committees
reelection, influence in Congress, and the opportunity to make policy in areas they think are important
committee chairs
the most important influencers of the congressional agenda; they play dominant roles in scheduling hearings, hiring staff, appointing subcommittees, and managing committee bills when they are brought before the full house
seniority system
a simple rule for picking committee chairs, in effect until the 1970s; the member who had served on the committee the longest and whose party controlled the chamber became chair, regardless of party loyalty, mental state, or competence
caucus (congressional)
a group of members of Congress sharing some interest or characteristic; most are composed of members from both parties and from both houses; “interest groups composed of members of Congress”
types of Congressional staff
personal staff, committee staff
staff agencies
Congressional Research Office, Government Accountability Office, Congressional Budget Office
omnibus legislation
addresses numerous and perhaps unrelated subjects, issues, and programs to create winning coalitions, forcing members to support the entire bill to obtain the individual pars
bureaucracy
a hierarchical authority structure that uses task specialization, operates on the merit principle, and behaves with impersonality; bureaucracies govern modern states
bureaucratic myths vs. realities
Americans dislike bureaucrats vs. rate their interactions positively/dislike the total bureaucracy
bureaucracies are getting bigger vs. only state/local are
most federal bureaucrats work in D.C. vs. only 12% do
bureaucracies don’t work well vs. no
patronage
one of the key inducements used by political machines; a patronage job, promotion, or contract is one that is given for political reasons rather than for merit or competence alone
Pendleton Civil Service Act
passed in 1883, an Act that created a federal civil service so that hiring and promotion would be based on merit rather than patronage
civil service
a system of hiring and promotion based on the merit principle and the desire to create a nonpartisan government service
merit principle
the idea that hiring should be based on entrance exams and promotion ratings to produce administration by people with talent and skill
Hatch Act
a federal law prohibiting government employees from active participation in partisan politics
Office of Personnel Management
the office in charge of hiring for most agencies of the federal government, using elaborate rules in the process; the director is appointed by the President and confirmed by the Senate
GS rating
a schedule for federal employees, ranging from GS 1 to GS 18, by which salaries can be keyed to rating and experience
Senior Executive Service
an elite cadre of about 9,000 federal government managers, established by the Civil Service Reform Act of 1978, who are mostly career officials but include some political appointees who do not require Senate confirmation
plum book
Congress publishes the book when a new administration is elected; it lists top federal jobs available for direct presidential appointment (cabinet secretaries, undersecretaries, bureau chiefs, etc.)
cabinet departments
there are 15, each headed by a secretary (exc. DOJ) chosen by president. undersecretaries, deputy undersecretaries, and assistant secretaries report to secretary. each department manages specific policy areas and each has its own budget/staff. real work done in bureaus, which divide the work into more specialized areas
independent regulatory commission
a government agency responsible for some sector of the economy, making and enforcing rules to protect the public interest; it also judges disputes over these rules; each is governed by a small commission with 5-10 members appointed by the President and confirmed by the Senate
Example: the Securities and Exchange Commission
government corporations
a government organization that, like business corporations, provides a serve that could be provided by the private sector and typically charges for its services; the U.S. Postal Service is an example
independent executive agencies
the government not accounted for by cabinet departments, independent regulator commissions, and government corporations; its administrators are typically appointed by the president and serve at the president’s pleasure; NASA is an example
policy implementation
the stage of policymaking between the establishment of a policy and the consequences of the policy of rate people whom it affects; implementation involves translating the goals and objectives of a policy into an operating, ongoing program; includes creation of a new agency or assignment of a new responsibility to an old agency, translation of policy goals into operational rules and development of guidelines for the program, and coordination of resources and personnel to achieve the intended goals
why some best intended public policies fail in implementation
program design, lack of clarity (broad policy goal in legislation, no details on how to do: e.g. Title IX of the Education Act of 1972), lack of resources (staff, training, funding, supplies, equipment, authority, etc.), administrative routine, administrators dispositions, fragmentation
standard operating procedures
these procedures are used by bureaucrats to bring uniformity to complex organizations; uniformity improves fairness and makes personnel interchangeable
administrative discretion
the authority of administrative actors to select among various responses to a given problem; discretion is greatest when routines, or standard operating procedures, do not fit a case; controlling the exercise of discretion is difficult (no positive/negative incentives) so rules are used
street-level bureaucrats
bureaucrats who are in constant contact with the public and have considerable administrative discretion
Why is the government not reorganized so fragmentation is not an issue?
some Congressional committees would lose jurisdiction over agencies, interest groups do not want to tie up the close relationships they have developed with their agencies, agencies do not want to be submerged within a broader bureaucratic unit, allows some agencies to work at cross-purposes (e.g. tobacco)
When is implementation effective (even if the policy is controversial)?
when goals are clear and there are adequate means to achieve them (e.g. the Voting Rights Act of 1965: goal: register large numbers of African American voters, means to achieve them: people sent out to register them with support of U.S. marshals/attorney general
privatization
the government uses contractors to handle crises without expanding the permanent bureaucracy and have specialized skills the government lacks; the competition in the private sector will result in better service at lower costs; less public scrutiny with
regulation
the use of governmental authority to control or change some practice in the private sector; regulations pervade the daily lives of people and institutions; affect American economy (idea of “free enterprise system” is outdated)
evolution of bureaucratic power
at first nonexistent, then Munn v. Illinois happened and there was more. bureaucratic agencies typically operate with a large grant of power form Congress; permit agencies to sketch out regulatory means; agencies must develop guidelines if charged with regulation, then must apply/enforce
deregulation
the lifting of restrictions on business, industry, and professional activities for which government rule had ben established and that bureaucracies had been created to administer; some argue regulatory system raises prices, hurts America’s competitive position abroad, doesn’t always work well
command-and-control policy
the typical system of regulation whereby government tells business ow to reach certain goals, checks that these commands are followed, and punishes offenders
incentive system
marketlike strategies are used to manage public policy
how presidents try to control the bureaucracy
appoint the right people to head the agency, issue executive orders to agencies, alter an agency’s budget, reorganize an agency,
how Congress tries to control the bureaucracy
influence the appointment of agency heads (even if not confirmed by the Senate), alter an agency’s budget, hold hearings, rewrite the legislation or make it more detailed
Are Congress and the President effective in trying to control the bureaucracy?
hell no
iron triangles
a mutually dependent relationship between bureaucratic agencies, interest groups, and congressional committees or subcommittees; iron triangles dominate some areas of domestic policymaking (especially ones that lack media attention)
issue networks
the system of sub governments is overlaid with a system of issue networks; includes individuals, many with technical policy expertise or an emotional commitment to a cause, other than the iron triangle; decreases the predictability of those involved in the stable and relatively narrow relationships of subgovernments
dual court system
??????
The U.S. court system is divided into two administratively separate systems, the federal and the state, each of which is independent of the executive and legislative branches of government. Such a dual court system is a heritage of the colonial period.
litigation
is when people go to court in order to get a positive ruling for their cause. If there is a law that hurts a certain group of people, they can go to court and say that it is unlawful, and that it impinges on their rights. Civil rights groups like the NAACP use litigation to force lawmakers to bring forth fair regulations as guaranteed in the constitution.
participants in the judicial system
litigants, interest groups, attorneys
litigators
attorneys
plaintiff vs. defendant
a plaintiff brings some charge against a defendant
standing to sue
the requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from a party or an action of government; the courts have broadened the concept to include class action suits
class action suits
lawsuits permitting a small number of people to sure on behalf of all other people similarly situated
justiciable disputes
a requirement that to be heard a case must be capable of being settled as a matter of law rather than on other grounds as is commonly the case in legislative bodies
how interest groups are involved in the judicial system
interest groups often seek out litigants whose cases seem particularly strong (e.g. NAACP with Brown v. Board); the ACLU also seeks out cases/litigants to support in its defense of civil liberties. groups also submit amicus curiae briefs
amicus curiae briefs
legal briefs submitted by a friend of the court for the purpose of raising additional points of view and presenting information not contained i the briefs of the formal par tie; these briefs attempt to influence a court’s decision
common law
a legal system based on the accumulated rulings of judges over time, applied uniformly- judge-made law
constitutional courts vs. legislative courts
legislative courts established for specialized purposes
lifelong terms/protections against removal or salary reductions vs. fixed terms of office and no protections
can exercise the power of judicial review vs. cannot
original jurisdiction
the jurisdiction of courts that hear a case first, usually in a trial; these are the courts that determine the facts about a case; more than 90% of cases begin and end in a court of original jurisdiction
appellate jurisdiction
the jurisdiction of courts that hear cases brought to them on appeal from lower courts; these courts do not review the factual record, only the legal issues involved
district courts
the 91 federal courts of original jurisdiction; they are the only federal courts in which trials are held and in which juries may be impaneled
types of cases heard by district courts
federal crimes, civil suits under federal law, review of the actions of some federal administrative agencies, etc.
courts of appeal
appellate courts empowered to review all final decisions of district courts, except in rare cases; in addition, they also hear appeals to orders of many federal regulatory agencies
types of cases heard in courts of appeal
focus on correcting errors of procedure and law that occurred in the original proceedings of legal cases: can review almost all final decisions of district courts; have authority to review/enforce orders of many federal regulatory agencies
en banc
with all judges present
U.S. Court of Appeals
hears appeals in specialized cases, such as those regarding patents, claims against the United States, and international trade
Supreme Court
the pinnacle of the American judicial system; the Court ensures uniformity in interpreting national laws, resolves conflicts among states, and maintains national supremacy in law; it has both original jurisdiction and appellate jurisdiction, but unlike other federal courts, it controls its own agenda (discretionary jurisdiction)
types of cases the Supreme Court hears
most are from appellate process from lower federal courts; only hears from highest state courts on federal law, will not try to settle matters of state law or determine guilt or innocence in state criminal proceedings, little under their original jurisdiction (foreign diplomats, state vs. other state/U.S./foreign country/etc.); often selects cases that involve major issues (civil liberties, conflicts between lower court interpretations of federal law, disagreement between a majority of the Supreme Court and lower-court decisions)
senatorial courtesy
an unwritten tradition whereby nominations for state-level federal judicial posts are not confirmed if they are opposed by a senator of the president’s party from the state in which the nominee will serve; the tradition also applies to courts of appeal when there is opposition from the nominee’s state senator; oftentimes the relevant Senator/s will suggest people for the position in question and the DOJ/FBI will check them out and then the President will choose one
Does the President have more influence in the selection of judges to the federal courts of appeal or the federal district courts? Why?
The federal courts of appeal; the decisions of those courts are generally more significant, individual senators have less of an influence because the area is in several states.
conditions under which Supreme Court nominations will have problems being confirmed
the President’s party is the minority in the Senate, the President makes the nomination at the end of their term, appointee might alter the balance on the Court; opponents of a nomination usually must be able to question a nominee’ competence or ethics (most don’t think ideology can be considered)
Supreme Court nomination considerations
party affiliation, judicial philosophy, race/gender/religion/region, judicial experience, litmus test, acceptability
subgovernment
a mutually dependent relationship between bureaucratic agencies, interest groups, and congressional committees or subcommittees; dominate some areas of domestic policymaking
current members of the Supreme Court
Clarence Thomas, Chief Justice John G. Roberts, Anthony M. Kennedy, Ruth Bader Ginsburg, Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, Jr., Elena Kagan
“rule of four”
a case is reviewed by the Supreme Court if four or more justices agree to grant review
writ of certiorari
a formal document issued by the Supreme Court that calls up a case
types of cases the Supreme Court wants to avoid
cases that are too politically hot to handle or ones that divide the Court too sharply
solicitor general
a presidential appointee and the third-ranking office in the Department of Justice; the solicitor general is in charge of the appellate court litigation of the federal government
Key functions: decides whether to appeal cases the government has lost in the lower courts, reviews/modifies the briefs presented in government appeals, represents the government before the Supreme Court, submits a brief on behalf of a litigant in a case in which the government is not directly involved; seek court review only of important cases, typically earn confidence of Court which then sees a lot of the cases they submit
per curiam decision
a decision without explanation; resolve the immediate case but have no value as precedent because the Court does not offer reasoning that would guide lower courts in future decisions
opinion
a statement of legal reasoning behind a judicial decision; the content of an opinion may be as important as the decision itself; the majority of the justices must approve an opinion
dissenting vs. concurring vs. majority opinions
opposed to all or part of the majority’s decision vs. stressing a different constitutional or legal basis for the judgement than the majority vs. the majority
How many justices must participate in a case?
at least 6
How many votes are needed agreeing on the reasoning of an opinion for it to be used as precedent?
at least 5
stare decisis
a Latin phrase meaning “let the decision stand.” most cases reaching appellate courts are settled on this principle
precedent
how similar cases have been decided in the past; often there is less for the Supreme Court; lower courts must follow the Supreme Court’s precedent
judicial implementation
how and whether court decisions are translated into actual policy, thereby affecting the behavior of others; the courts rely on other units of government to enforce their decisions
original intent
a view that the Constitution should be interpreted according to the original intent of the Framers; many conservatives support this view
elements affected by implementations of decisions
implementing populations (e.g. the people doing the thing that got banned who now must stop), interpreting populations (lawyers/judges: must understand/reflect the intent of the decision in their subsequent actions), consumer population (e.g. people who want abortions after an abortion case: must be aware of its newfound rights/stand up for them)
prominent Supreme Court issues in different historical eras
until the civil war: strength and legitimacy of the federal government and slavery (supremacy of national government)
Civil War-1937: relationship between the federal government and the economy (restricted economy regulation power of the federal government)
1938-present: personal liberty/ social and political equality (enlarged scope of personal freedom/civil rights)
Marbury v. Madison
The 1803 case in which Chief Justice John Marshall and his associates first asserted the right o ht Supreme Court to determine the meaning of the U.S. Constitution; the decision established the Court’s power of judicial review over acts of Congress, in this case the Judiciary Act of 1789
judicial review
the power of the courts to determine whether acts of Congress and, by implication, the executive are in accord with the U.S. Constitution
court packing plan
Roosevelt proposed that Congress expand the size of the Court so he could appoint additional justices sympathetic to the New Deal legislation that the current Court was dismantling
Warren Court
1953-1969, active court: made laws requiring segregation unconstitutional, expanded the rights of criminal defendants, ordered states to reapportion legislatures/congressional districts, prohibited organized prayer in public schools
Burger Court
more conservative: narrowed defendants rights, Roe v. Wade, required school busing, upheld affirmative action, U.S. v. Nixon
Rehnquist Court
conservative, entered political fray; Bush v. Gore = judicial activism, limited rights established by liberal decisions, protected free speech/free press
Are the Courts a democratic institution?
No, the judges have lifetime appointments, they are the most elite-dominated policymaking institution, sometimes not with the majority opinion (but usually is and eventually gets there)
judicial restraint
a judicial philosophy in which judges play minimal policymaking roles leaving that duty strictly to the legislatures
judicial activism
a judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground; advocates of this approach emphasize that the courts can correct pressing needs, especially those unmet by the majoritarian political process
political questions
a doctrine developed by the federal courts and used as a means to avoid deciding some cases, principally those involving conflicts between the president and Congress (e.g. won’t settle disputes regarding the War Powers Resolution)
statutory construction
the judicial interpretation of an act of Congress; in some cases where statutory construction is an issue, Congress passes new legislation to clarify existing laws
presidential leadership of Congress
at the margins/not super successful considering all the steps a bill must take; works at the margins of coalition building to recognize/exploit opportunities presented by a favorable configuration of political focus; rely on staff to work closely with the party’s leaders in Congress (doesn’t have time to talk to all Congressmen); help create congressional agenda/own best lobbyists
party influence
members vote with parties on electing official leaders, also often social welfare and economic policy; party leaders make committee assignments, boost member’s pet projects, provide critical info: influence party members for party
Why have political parties become more partisan and ideological?
the parties have been increasingly divergent electoral coalitions. state legislatures drew House districts so partisan divisions in constituencies of representatives became more one-sided, liberal/conservative voters sorted into Democrats/Republicans, party loyalty among voters in congressional elections increased,
how a bill becomes a law process
bill introduction, subcommittee, committee, rules committee, Full House, then to Senate (or vice versa) bill introduction, subcommittee, committee, leadership, full Senate, Conference committee (if changes were made in second body), full House, full Senate, President, law!
bill
a proposed law, drafted in legal language; anyone can draft a bill, but only a member of the House of Representatives or the Senate can formally submit a bill for consideration
open rule
an order from the House Rules Committee that permits a bill to be amended on the floor
closed rule
a procedural maneuver that prohibits any amendments to bills up for a vote on the House floor, unless they are recommended by the committee reporting the bill
earmarks
A measure that appropriates money for a project in a specific district added in a bill in a way that allows it to avoid the conventional appropriations process. Therefore, earmarks are not counted in the budget
non-legislative powers of Congress
electoral powers, amendment powers, impeachment, executive powers of Senate, legislative oversight
legislative oversight
Congress’ monitoring of the bureaucracy and its administration of policy, preformed mainly through hearings
electoral powers of Congress
If no candidate has a majority of the Electoral Vote, the House elects the President and the Senate elects the VP, if a vacancy exists in the VP, the Congress will approve the new nomination (25th amendment)
amendment powers of Congress
Congress proposes changes to the Constitution with a 2/3 vote in both Houses
impeachment powers of Congress
Removing the President, VP, and all civil officers of the Fed. Gov’t
Impeach = bring charges against
(done by the House of Reps w/ maj. Vote)
Conviction = innocence or guilt (done by the Senate w/ 2/3rd vote)
executive powers of Senate
Approve Presidential appointments- majority vote
Approve Treaties- 2/3rd vote
reapportionment
the process by which congressional districts are redrawn and seats are redistributed among states in the house
redistricting
The redrawing of congressional and other legislative district lines following the census, to accommodate population shifts and keep districts as equal as possible in population
quorum
the minimum number of members who must be present for business to be conducted in Congress
Clinton v. New York City
a legal case in which the Supreme Court of the United States ruled that the line-item veto as granted in the Line Item Veto Act of 1996 violated the Presentment Clause of the United States Constitution because it impermissibly gave the President of the United States the power to unilaterally amend or repeal parts of statutes that had been duly passed by the United States Congress
logrolling
the practice of exchanging favors, especially in politics by reciprocal voting for each other’s proposed legislation
23rd amendment
extends the right to vote in the presidential election to citizens residing in the District of Columbia by granting the District electors in the Electoral College, as if it were a state
pardon
The granting of a release from the punishment or legal consequences of a crime; a pardon can be granted by the president before or after a conviction.
reprieve
Reprieve The presidential power to postpone the execution of a sentence imposed by a court of law; usually done for humanitarian reasons or to await new evidence
diplomacy
Process of negotations between countries
press secretary
senior White House official whose primary responsibility is to act as spokesman for the United States government administration, especially with regard to the president, senior executives, and policies
scarcity
the condition that results from society not having enough resources to produce all the things that would satisfy people’s desires
opportunity cost
the cost of the new best alternative use of money, time, or resources
16th amendment
allows the Congress to levy an income tax without apportioning it among the states or basing it on the United States Census
Internal Revenue Service
established by Congress; collects income tax and enforces tax code
mandatory spending
expenditures required by Congress’ previous legislation or commitments
discretionary spending
spending set by Congress through appropriations bills
Government Accountability Office
helps Congress perform its oversight function; audits, monitors, and evaluates what agencies are doing with their budgets
1990 Budget Enforcement Act
distinguished between mandatory and discretionary spending; imposed a cap on discretionary spending
Tax Reform Act of 1986
simplified the tax code, broadened the tax base and eliminated many tax shelters and other preferences
litigants
the plaintiffs and defendants
statute
a written law passed by a legislative body
