Key Concepts (1994, 1999, 2002, 2009) Flashcards
1
Q
Points to know about the 14th Amendment
A
(1) All persons born in the U.S. are citizens; (2) no person can be deprived of life, liberty or property without DUE PROCESS OF LAW; (3) no state can deprive a person of EQUAL PROTECTION of the laws. Second of three “Reconstruction Amendments” passed after Civil War.
2
Q
Ways to amend the Constitution
A
- 2/3 vote from both the House and the Senate
- 3/4 vote of all states
3
Q
What is the American With Disabilities Act?
A
Federal mandate that requires employers and public facilities to make “reasonable accommodations” for the disabled and prohibits discrimination against the disabled in employment.
4
Q
Define “amicus curiae briefs.”
A
Latin for “friend of the court.” Frequently, a person or group who is not a party to a lawsuit but has a strong interest in the matter (ex. interest groups), will petition the court for permission to submit a brief in the action with the intent of influencing the court’s decision.
5
Q
Articles of Confederation vs. Constitution
A
The Articles of Confederation established a system of great state sovereignty and a weak central government while the Constitution created a strong central government with a decreased degree of state sovereignty. For example, under the Article of Confederation, the federal government could not levy taxes, while the Constitution granted the federal government the power of taxation as a means to pay the debts of the United States and provide for “common defense and general welfare” of the United States.
6
Q
Define “block grant.”
A
A grant from a central government that a local authority can allocate to a wide range of services within a specific policy sector (ex. education).
7
Q
Define “federalism.”
A
Division of power between the federal government and the states.
8
Q
Explain the implications of “Brown v. Board of Education.”
A
A landmark United States Supreme Court case in which the Court declared state laws establishing separate public schools for black and white students to be unconstitutional. Overturned Plessy v. Ferguson and reversed the “separate but equal” doctrine.
9
Q
Define “candidate centered campaigns.”
A
Election campaigns and other political processes in which candidates, not political parties, have most of the initiative and influence; the parties’ major role in campaigns is the raising and spending of money.
10
Q
Define “categorical grants.”
A
Grants that allocate federal funds to states for a specific purpose; subject to detailed conditions imposed by the national government often on a matching basis (states must contribute money to match federal funds). Many of Lyndon B. Johnson’s programs apart of the “Great Society” were founded under categorical grants.
11
Q
Define “checks and balances.”
A
A constitutionally mandated structure that gives each of the three branches of government some degree of oversight and control over the actions of the others. An example of this would be the Supreme Court’s power of judicial review.
12
Q
What are the six major provisions of the Civil Rights Act of 1964?
A
1) Made racial discrimination illegal in hotels, motels, restaurants, and other places of accommodation.
2) Forbade discrimination in employment on the basis of race, color, national origin, religion, or gender.
3) Created the Equal Employment Opportunity Commission (EEOC) to maintain and enforce protections against job discrimination.
4) Provided for withholding federal grants for state and local governments and other institutions that practiced racial discrimination.
5) Strengthened voting rights legislation.
6) Authorized the US Justice Department to initiate lawsuits to desegregate public schools and facilities.
13
Q
What is the importance of the “clear and present danger” doctrine?
A
Clear and present danger was a doctrine adopted by the Supreme Court of the United States to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press, or assembly. If the speech in question indicates a “clear and present danger” that causes disorder, such as screaming “FIRE!” in a crowded theater when there is no fire, that speech is not protected. This test was first established in the 1919 case Schneck vs. United States.
14
Q
What does “cloture” mean?
A
Mechanism to end filibusters in the Senate, requiring 60 senators to vote to cut off the debate.
15
Q
What is the commerce clause?
A
The Commerce Clause gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” Has historically been viewed as both a grant of congressional authority and as a restriction on states’ powers to regulate. Cases regarding the commerce clause include Wickard v. Filburn and Gibbons v. Ogden.
16
Q
What are the powers of the committee chair?
A
- Select all subcommittee chairs
- Call meetings (and opt to kill bills by refusing to schedule hearings)
- Recommend majority members to sit on conference committees
17
Q
What is the most powerful predictor of vote choice?
A
Party Identification
18
Q
What is a conference committee?
A
Special joint committee created to reconcile differences in bills passed by the House and the Senate.
19
Q
How does the congressional committee system work?
A
Members of Congress are assigned to committees to investigate the merits and problems with suggested bills, sometimes holding public hearings to learn more before sending it to the full House or Senate for debate and a vote.
20
Q
What are the major types of committees?
A
Conference, joint, standing, and select
21
Q
What is the difference between a congressional caucus and a political caucus?
A
A congressional caucus is a group of members of the US Congress that meets to pursue common legislative objectives. A political caucus is the meeting of members of a political party or subgroup to coordinate members’ actions, choose group policy, or nominate candidates for various offices.
22
Q
Describe the congressional incumbency advantage.
A
People in office tend to remain in office. This is largely due to three main reasons:
1) Staff Support - Members of the House and Senate have many aides and interns whose activities directly or indirectly promote the legislator through constituency services. If a House incumbent’s staff help solve a problem for a constituent, that constituent is more likely to rate the incumbent more favorably than the constituents who weren’t helped by the incumbent.
2) Visibility - Incumbents are highly visible in their districts. They give speeches, cut ribbons and have easy access to local media.
3) “Scare-off” Effect - Incumbents’ name recognition can intimidate strong opposition candidates.
23
Q
What are the four major reasons that incumbents lose?
A
1) Redistricting
2) Scandals
3) Presidential Coattails
4) Midterm Elections
24
Q
What are examples of congressional oversight?
A
- Ability to hold committee hearings questioning members of the administration to see if they are enforcing and interpreting the laws as intended by Congress
- Review actions taken by the president (powers granted under the War Powers Act and the Congressional Review Act of 1996)
- Offer advice and consent on executive and judicial nominees
- The power to impeach is Congress’s ultimate oversight power.
25
How does Congress check the power of the bureaucracy?
- Confirm or reject nominees to top bureaucratic positions
- Possesses the authority to create or abolish departments and agencies
- Conduct program evaluations and hold oversight hearings (investigation)
26
What are the powers of Congress?
- Article 1, Section 8: To tax, spend, regulate commerce, coin money and make "all Laws which shall be necessary and proper for carrying into Execution" those powers
- The Law-Making Function: Only House and Senate members can formally submit a bill for congressional consideration.
- The Budgetary Function: The President must submit a budget to Congress. Congress can alter the allocation of appropriations but cannot increase the total level of spending proposed.
- The Oversight Function: Can hold committee hearings, review actions taken by the President, advice and consent on executive and judicial branch nominees (Senate), power to impeach federal officials
27
How can Congress respond to Supreme Court rulings?
Congress can initiate Constitutional amendments to undo Supreme Court decisions.
28
What are standing committees?
Committees with fixed membership and jurisdiction, continuing from Congress to Congress
29
What is constituent service communication?
How constituents ensure that management takes responsibility for providing citizens the services they rightfully should receive from school board members and district employees.
30
What is cooperative federalism?
Cooperative federalism (1930s-1970s) is a concept of federalism in which national, state, and local governments interact cooperatively and collectively to solve common problems, rather than making policies separately but more or less equally (such as the dual federalism of the 19th century United States) or clashing over a policy in a system dominated by the national government.
31
What are core values to political US culture?
- Liberty and Equality: The Framers intended for Americans to be free from governmental infringements and for each citizen to be the same in the eyes of the law.
- Popular Consent, Majority Rule and Popular Sovereignty: The principle that governments must draw their powers from the consent of the governed, the central premise of direct democracy in which only policies that collectively garner the support of a majority will be made into law, and the notion that the ultimate authority in society rests with the people.
- Individualism: All individuals in the U.S. system are deemed rational and fair and endowed with "certain unalienable rights" that are beyond the scope of government intervention.
32
Who creates new federal courts?
Article I of the Constitution gives Congress the authority to establish "inferior" courts and tribunals below the US Supreme Court.
33
What are critical elections?
An electoral "earthquake" where new issues emerge, new coalitions replace old ones, and the majority party is often displaced by the minority party. Such periods are sometimes marked by a national crisis and may require more than one election to bring about a new party era.
34
What are substantial rulings on the death penalty?
In 1976, Gregg v. Georgia dealt with Georgia's rewritten death penalty statute; though the death penalty was considered unconstitutional at the time due to "arbitrariness," Georgia's rewritten law avoided the nature of being arbitrary and was ruled constitutional by the Supreme Court in a 7-2 decision.
The NAACP tried to argue that the death penalty ought to be eliminated as it targeted African Americans disproportionately and thus violated the equal protection clause. The NAACP lost on a 5-4 decision.
In 1991's McCleskey v. Zant, the Supreme Court produced new standard designed to make it more difficult for death-row inmates to rile repeated appeals.
The Supreme Court currently upholds constitutionality of the death penalty by lethal injection, although the mentally ill and those under the age of 18 are exempt.
35
Who are the delegates to major party conventions?
Loyal party members. Women and minority participation has increased in recent years.
36
What are common demographics of Democratic voters?
Women, African American, Hispanic, Asian and Pacific Islanders, young people
37
What are common demographics of Republican voters?
Men, White, old people
38
Define "devolution."
The transfer of certain powers from one entity to another. It's an effort to reduce federal government powers by transferring some responsibilities to the state governments.
39
What are the differences between the House and the Senate?
Constitutional Differences:
- The House has 435 members with two-year terms. The Senate has 100 members with six-year terms.
- The House initiates all revenue bills.
- The Senate offers "advice and consent" on many major presidential appointments.
- The House initiates impeachment procedures and passes articles of impeachment while the Senate tries impeached officials.
- The Senate approves treaties.
Differences in Operation:
- The House is more centralized and more formal.
- Committee on Rules is fairly powerful in controlling time and rule of debate in the House, while the Senate has no rules committee -- limits on debate come through unanimous consent or cloture of a filibuster.
- Power is distributed more evenly in the Senate.
- House members are highly specialized while Senate members are generalists.
- The House emphasizes tax and revenue policy while the Senate emphasizes foreign policy.
40
What is the difference between a direct primary and a convention system?
In a primary election, registered voters participate in selecting the candidate for the party's nomination by voting, as in a general election. Once the primaries and caucuses are completed in each state, a national convention is held in which a party's nomination for president is formally announced to the public. During the convention, the elected delegates cast their vote for a party candidate and the candidate with the most delegates gets the party's nomination.
41
What is the difference between a district court and an appellate court?
In a district court (also known as a trial court), cases are heard for the first time and decisions only affect those who are directly involved with the case. An appellate court (also known as a court of appeals) is where a judge simply reviews the case again and decides whether or not the lower court decision was the correct legal choice. These decisions can be further appealed to the Supreme Court.
42
What is a divided government?
A divided government occurs when one party has control of Congress and another has control of the presidency, or when one party has control of one chamber of Congress and the other party the other.
The impacts of this include decline of trust due to heightened partisanship, decline of moderates, frustration with the governmental process, confirmation process slowed or stopped completely, and gridlock. Also, legislation is much more difficult to enact and pass.
43
What are the consequences of a divided government?
Divided government is the political condition in which different political parties control the presidency and one or both houses of Congress. Consequences of this include lack of trust and confidence via heightened partisanship, decline of the middle (moderates frozen out/extremes driving legislation), frustration with the governmental process, a slowed or stopped or circumvented confirmation process, and gridlock.
44
What happens when there's divided party control of the presidency and Congress?
Control of Congress by one party and control of the presidency by the other party makes it difficult to enact legislation.
45
Who is in charge of and what is the process of drawing congressional districts?
Redistricting is the process of redrawing congressional districts to reflect increases or decreases in seats allotted to the states, as well as population shifts within a state. In most states, district lines are drawn by partisan state legislatures. This often results in gerrymandering, the drawing of congressional districts to produce a particular electoral outcome without regard to the shape of the district.
46
Describe electoral behavior in the United States.
- The Majority of the electorate does not vote in most elections.
- The United States has one of the lowest voter turnout rates in all of the industrialized countries.
- When income and education are taken out of consideration, African-Americans vote at a higher rate than Whites.
47
How does the Electoral College work and why is it important?
Each state is granted a certain number of electoral votes. The winner-takes-all system means that the candidate who wins the majority of votes within a state also achieves all of that state's votes in the Electoral College. The outcome of the votes from the Electoral College decides who wins the presidency -- the magic number is 270. There are 538 total electoral votes.
48
What is the elite theory of politics?
Theory that political power in USA is held by rich and powerful minority
49
What is the pluralist theory of politics?
Theory of politics that all interests are free to compete for influence in government
50
What are Federal Budget Entitlements? What is entitlement spending?
Many entitlement programs cost the U.S. government a lot of money because they are programs that must be funded. Such programs are things like Social Security, Medicare, and Food Stamps.
51
What is the establishment clause?
The first clause of the First Amendment; it directs the national government not to sanction an official religion.
52
What is the exclusionary rule?
Judicially created rule that prohibits police from using illegally seized evidence at trial
53
What is an executive agreement?
A formal agreement between the U.S. president and the leaders of other nations that does not require Senate approval
54
Points to know about federal election laws
- Federal Election Campaign Act: created the Federal Election Commission, provided public financing for presidential primaries and general elections, limited presidential campaign spending, required disclosure, and attempted to limit contributions.
- Federal Election Commission: A six-member bipartisan agency created by the Federal Election Campaign Act of 1974. It administers and enforces campaign finance laws.
- Bipartisan Campaign Reform Act: Eliminated "soft money," cash contributed to a political party with no limits attached from corporations.
55
Does the federal government regulate negative advertising?
No
56
What are federal grants-in-aid?
Money coming from central government for a specific project; an example of this would be how the United States Congress required states to raise the drinking age for alcohol from 18 to 21 in order for the individual states to continue to qualify for federal funds for interstate highways located within each state.
57
Who nominates federal judges?
The President makes nominations; Congress has to approve of them.
58
What does a federal system of government look like?
System of government where the national government and state governments share power, derive all authority from the people, and the powers of the government are specified in a constitution
59
Define federalism.
Constitutional arrangement in which power is distributed between a central government and subdivisional governments, called states in the United States. The national and the subdivisional governments both exercise direct authority over individuals.
60
What is the importance of Federalist No. 10?
- Written by Madison
- The Union's best attribute is to control factions
- Factions could be a threat to the gov
- Feared minorities would be overruled by the majority - not everyone is represented
- Pure democracy would allow a majority faction to overrun the gov. yet a republic would not because the representatives would not allow that, they would protect the public good.
- Factions will always be there because they represent diversity, so you cannot destroy them -- let them check each other.
61
List the provisions of the First Amendment.
Congress shall make...
- no law respecting an establishment of religion, or prohibiting the free exercise thereof
- or abridging the freedom of speech, or of the press
- or the right of the people peaceably to assemble
- and to petition the Government for a redress of grievances.
62
What is fiscal federalism?
A concept of federalism where funding is appropriated by the federal government to the states with specific conditions attached. The legislation can be in the form of mandates and grants.
63
Explain foreign policy deference.
Foreign policy deference is the extent to which the courts trust executive judgement on foreign policy.
64
Why did the Framers create a bicameral legislative branch?
A bicameral legislative branch was created because the larger states favored the House of Reps because they would hold more power and the smaller states favored the Senate because they would have the same amount of power as the larger states.
65
What was the Framers' view of the primary functions of government?
- Agreed with John Lock that the preservation of property is the end of government.
- Check on state governments -- feared the threat of "excessive democracy"
66
What was the Framers' intent of economic powers?
- The need for a strong national government to promote economic growth and protect property
- Congress could obtain revenue through taxation, pay debts, coin money and regulate is value, regulate interstate and foreign commerce, establish uniform laws of bankruptcy, punish counterfeiting and establish post offices
67
Define franking privileges.
The ability of members to mail letters to mail letters to their constituents free of charge by substituting their facsimile signature for postage. This can be seen as an example of incumbency advantage.
68
What is the free exercise clause?
The government can't impose on one's right to freely exercise whatever religion one chooses.
69
What is the Freedom of Information Act?
Citizens have the right to inspect all government records, except those containing military, intelligence, or trade secrets or revealing private personnel actions.
70
Why is Griswold v. Connecticut important?
Found a "right to privacy" in the Constitution that would ban any state law against selling contraceptives.
71
Why is Roe v. Wade important?
Legalized abortion under certain circumstances: A woman can terminate a pregnancy during the first trimester with no government interference. During the second trimester, there is some government restriction, mostly regarding the health of the woman over that of the fetus (ex. "Is it safe to perform an abortion at this stage?"). However, the state can limit abortion practices during the third trimester because the viability of the fetus is seen to outweigh the mother's privacy.
72
What do Griswold v. Connecticut and Roe v. Wade have in common?
Found a right to privacy in the Constitution
73
Define horse-race journalism.
Political journalism of elections that resembles coverage of horse races because of the focus on polling data, public perception instead of candidate policy, and almost exclusive reporting on candidate differences rather than similarities.
74
List major House & Senate differences in their duties.
The House initiates revenue bills, brings charges of impeachment against the president; vice president and all civil officers of the United States; and chooses the president with the electoral college is deadlocked.
The Senate ratifies treaties negotiated by the president, possessed the sole power to try or judge impeachment cases, confirms judicial appointments (including United States attorneys, federal judges and United States Supreme Court justices), and confirms executive appointments (including cabinet heads, the director the FBI and the U.S. attorney general).
75
How do lobbyists try to influence legislators?
- Lobbyists may bring influential constituents to Washington to discuss important policy matters with representatives.
- Lobbyists establish access to regulatory agencies.
- Lobbyists present to congressional committees.
- Lobbyists can help draft amicus curiae briefs.
76
What is the impeachment process?
To bring articles of impeachment against a president requires a majority vote in the House of Representatives. When the case is tried by the Senate, a vote of at least 2/3 of those present is required to convict and remove the president from office.
77
What are independent regulatory agencies?
Federal regulatory agencies that are independent, thus not fully under the power of the president.
Example: Federal Trade Commission
78
Explain the importance of the separation of powers.
Concluded by Montesquieu that divided authority would protect the rights of individuals by preventing one branch of government from gaining unrestricted control over the entire society. The Framers believed that separating power into legislative, executive and judicial branches would provide an indispensable defense against tyranny.
79
Individual senators have great influence over...
the legislative process.
80
What is the influence of news media on politics?
- Agenda Setting: The policy agenda consists of issues that attract serious attention of public officials; the mass media can draw public attention toward those particular issues.
- Political campaigns have become more centered on candidates and less focused on the issues by: 1) replacing speeches with sound bites, 2) focusing on day-to-day campaign activities such as rallies and scandals, and 3) engaging in horse-race journalism; the importance of the polls over the reporting of the candidate's stances on certain issues.
81
What do interest groups do?
Attempt to influence public policy to their benefit be sharing policy views of specific issues and support public officials who share those stances
82
Interest groups have the most influence on...
Policymakers
83
What makes up an iron triangle?
An executive agency, an interest group, and a congressional committee
84
What is judicial restraint?
A philosophy of judicial decision making that posits courts should allow the decisions of other branches of government to stand, even when they offend a judge's own principles
85
What is the lasting influence of Supreme Court appointments?
The Supreme Court dictates how the Constitution is interpreted and how laws are to be carried out in order to accommodate the Constitution.
86
Points to know about the Latino vote
This ethnic group generally is a strong democratic supporter, but fell short in the 2012 election.
87
What is the leading predictor of how people vote?
Party identification
88
Describe how the legislative branch & executive branch check and balance each other.
How Congressional Decision-Making is Impacted by the Executive:
- Veto Power: results in congressional interaction with the presidency during the drafting of bills (bargaining, negotiating) and prevents congressional action if the president makes a clear statement of opposition or threatens a veto
- Executive Orders: Congress acts in response to executive orders and/or Congress refrains from legislation that is controversial in nature.
- Power as Commander in Chief: Congress can oversee these activities, has more of a say in matters of declaring War via the War Powers Act and controls military spending and thus can approve, modify or reject funding.
How Executive Decision-Making is Impacted by the Legislative:
- Power of legislative oversight: Presidents minimize the number or extent of actions that might draw congressional scrutiny.
- Senate Advice and Consent Power: Presidents weigh the implications of making controversial or ideological nominations or appointments. Presidents use recess appointments, avoiding controversial confirmation battles. Presidents use executive agreements to avoid the need to have treaties ratified.
- Budgetary power: Presidents consider budget items or programs that are important to members of Congress. Presidents consult with members of Congress during the budget process. Presidents sign budgets that include provisions they oppose rather than veto the budget. Presidents postpone agenda items because of difficulty in getting congressional budgetary approval.
89
Explain the legislative process.
1. Bills are assigned a number then sent to a committee for study, hearing, revisions and approval. (Spoiler alert: Most bills die here. However, if a majority of the House/Senate wishes to consider a bill that has been killed in a committee, the bill can be blasted out of the committee with a discharge petition signed by the majority of members.)
2. Bills approved by a subcommittee return to the full committee where members can mark up or add items.
3. Committees can reject the bill or send it to the House or Senate with a positive recommendation.
90
What is a legislative veto?
In administrative law, a provision that allows a congressional resolution (passed by a majority of congress, but not signed by the President) to nullify a rule-making or other action taken by an executive agency.
91
What is a line item veto?
The authority of a chief executive to delete part of a bill passed by the legislature that involves taxing or spending. Ruled unconstitutional by the U.S. Supreme Court.
92
What was the main debate between Federalists and Anti-Federalists?
The Federalists felt that the addition of a Bill of Rights wasn't necessary, because they believed that the Constitution as it stood only limited the government not the people. The Anti- Federalists claimed the Constitution gave the central government too much power, and without a Bill of Rights the people would be at risk of oppression.
93
What is the main reason for the Two Party System?
the single-member district electoral system
94
Explain the importance of the McCulloch v. Maryland decision.
The Court upheld the power of the national government and denied the right of a state to tax a national bank. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers.
95
Explain the importance of the Miranda v. Arizona decision.
The Fifth Amendment requires that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present.
96
What is the main purpose of motor voter laws?
Increase voter registration
97
Define media consolidation.
Concentration of media ownership; means that a single company possesses several media outlets, such as newspapers, Internet businesses, and radio stations.
It is often used to describe the rise of large multinational media conglomerates that own many different types of media properties.
98
How might media consolidation impact the political process?
Less ideas will be shared, because the same people control many news sources and media outlets.
99
What are the duties of the Office of Management and Budget?
To assist the president in overseeing the preparation of the federal budget
100
What's the difference between an open primary and a closed primary?
An open primary is open to anyone regardless of registered political party. A closed primary is one in which only those of that political party can vote.
101
What is a PAC and what are its main objectives?
A PAC is a political action committee, an officially registered fundraising organization that represents interest groups in the political process. Its main objectives are
102
Why the persistence of a two-party system?
- Single-member districts in which only one candidate is elected to each office on the ballot
- Winner-take-all system
- Strong consensus on core political values: most Americans identify themselves as moderates who hold beliefs that fall between liberal and conservative
103
Define "plea bargaining."
Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense.
104
Explain the significance of Plessy v. Ferguson.
Instituted the "separate but equal" doctrine and upheld the constitutionality of segregation laws. Overturned by Brown v. Board of Education.
105
What is a plurality election?
An election involving more than two candidates in which the person who receives the most votes is the winner
106
What is a pocket veto?
If Congress adjourns during the ten days the president has to consider a bill passed by both houses of Congress, the bill is considered vetoed without the president's signature.
107
Define "political efficacy."
A belief that you can take part in politics (internal) or that the government will respond to the citizenry (external).
108
How did the Federalist Papers address political factions?
Federalist No. 10: Factions are inevitable, but they will check each other so long as there is a republican government.
109
Are political parties in the Constitution?
No
110
What is political socialization?
The process through which individuals acquire their political beliefs and values.
111
What is pork barrel legislation?
Appropriations made by a legislature for projects that are not essential but are sought because they pump money and resources into the local districts of the legislators.
112
Describe the powers of federal bureaucracy.
The bureaucracy is made up of cabinet departments, independent regulatory agencies, government corporations and independent executive agencies. They generally strive to implement policies by translating goals into rules and standard procedures of operation and regulate by controlling or changing practices of the private sector.
113
What is presidential impoundment?
Impoundment is an act by a President of the United States of not spending money that has been appropriated by the U.S. Congress. The Congressional Budget and Impoundment Control Act of 1974 removed the president's ability to indefinitely reject congressionally approved spending.
114
Points to know about the Presidential Cabinet
- There are 15 cabinet departments and all are headed by a secretary with the exception of the Department of Justice which is headed by the attorney general.
- All 15 heads are chosen by the president and approved by the Senate.
- The Treasury Department has authority over the printing of currency.
- Cabinet secretaries often develop a strong loyalty to their departments, so they are usually not close presidential advisors.
115
How does the President influence the legislative branch?
How Congressional Decision-Making is Impacted by the Executive:
- Veto Power: results in congressional interaction with the presidency during the drafting of bills (bargaining, negotiating) and prevents congressional action if the president makes a clear statement of opposition or threatens a veto
- Executive Orders: Congress acts in response to executive orders and/or Congress refrains from legislation that is controversial in nature.
116
How does the President influence the judiciary branch?
- Can grant reprieves (postponement of the execution of a sentence) and pardons
- Appoints Supreme Court justices
117
List the presidential powers.
As Chief Executive:
- Enforces provisions of federal laws and administers a vast federal bureaucracy
- Can appoint Cabinet members, heads of independent agencies, ambassadors and other diplomats and federal judges, U.S. marshals and attorneys
- Can dismiss most of the officials he or she appoints (but can't dismiss federal judges or commissioners of independent regulatory agencies)
As Chief Legislator:
- Veto
118
What are presidential roles authorized by the Constitution?
- Power to deploy troops (as commander-in-chief)
- Appoints all ambassadors subject to Senate confirmation
- Negotiates treaties which are subject to Senate ratification (2/3)
- Sole power to recognize nations
- Receives ambassadors and other public ministers
119
What are the President's informal powers?
- Negotiate executive agreements with the heads of foreign governments
- Meets with other world leaders to build international coalitions
- Expected to manage international crises
- Access to confidential information that is not available to Congress or the public
120
What is the primary formal role of the attorney general?
The main legal advisor to the government, and in some jurisdictions he or she may in addition have executive responsibility for law enforcement or responsibility for public prosecutions.
121
List reasons for low voter turn-out.
- Difficult voter registration
- Decline in political efficacy
- Frequent elections
- Weekday, non-holiday voting
122
What are the reserved powers of state governments?
- Licensing doctors
- Establishing public schools
- Establishing local governments
- Police power -- the authority of a state to protect and promote the public morals, health, safety and general welfare
123
Revenue bills much originate in what body?
The House
124
Describe the rules and procedures for the House and the Senate.
The House is larger and thus has more formal rules than the Senate. For example, debate is much more restricted. The Speaker of the House presides over the House, oversees House business and stands second in line to presidential succession. The majority and minority leaders elect whips who maintain close contact with members to ensure party unity for important votes. The Rules Committee sets guidelines for floor debate.
The Senate is presided over by the vice president. The vice president only votes to break a tie. The president pro tempore presides over the Senate in the absence of the vice president; this is the person of the majority party with the longest service in the Senate. Senators can speak as they please on bills. Filibustering can happen and can only be broken by cloture.
125
What is the "Rule of Four"?
In order for the Supreme Court to listen to a case, four out of the nine judges must vote to hear it.
126
Describe the duties of the Rules Committee.
- Sets the guidelines for floor debate; gives each bill a rule that places the bill on the legislative calendar, limits time for debate and determines the type of amendments that will be allowed
- A closed rule sets strict time limits on debates and forbids amendments from the floor
- An open rule sets less strict time limits on debate and permits amendments from the floor
127
What are the duties of the Vice President?
- Look over the Senate, vote to break ties
| - First in line to succeed the president
128
How are vice president candidates selected?
Typically, presidential candidates choose vice presidential running mates that can appeal to another part of their respective party to access another demographic on their voting ticket. They also may choose vice presidential candidates from swing states.
129
What is the typical Supreme Court caseload?
The Supreme Court chooses to hear only a few of the cases that are given to them.
130
What is selective incorporation?
A judicial doctrine whereby most but not all of the protections found in the Bill of Rights are made applicable to the states via the Fourteenth Amendment
131
What is the significance of Shays' Rebellion?
Shays' Rebellion helped convince key leaders that the Articles of Confederation were too weak and that the United States needed a stronger central government that could maintain order, protect property and promote commerce.
132
What are single-member plurality districts and why are they significant?
Single-member districts are electoral districts from which one person is chosen by the voters for each elected office. This type of electoral system typically leads to legislatures dominated by two political parties. This can also lead to inappropriate leadership as a result of gerrymandering, or creative boundary drawing.
133
What are the duties of the Speaker of the House?
The Speaker presides over the House of Representatives, oversees House business and is the official spokesperson for the House, as well as being second in line of presidential succession.
134
What is a split ticket?
A split ticket is one in which a voter votes for Republican and Democratic nominees on the same ballot.
135
Explain "stare decisis."
In court rulings, a reliance on past decisions or precedents formulate decisions in new cases.
136
What is the current Supreme Court interpretation of free speech?
- Guarantees of free speech are intended to protect the expressions of unpopular views.
- If speech is used to incite dangerous actions or cause disorder, that speech is not protected.
- Libel and slander is not protected.
- Obscenity (such as porn) is not protected.
- Symbolic speech, such as flag burning, is protected unless it is intended to incite illegal crimes (such as burning a cross with the intent to threaten racial terror).
- Prior restraint is a form of censorship and is thus not constitutional.
137
Why do Supreme Court justices enjoy tenure on good behavior?
This allows for the Court to be as apolitical as possible; the Court is supposed to be a vessel that is free from political pressure of getting re-elected.
138
Describe the Supreme Court nomination process.
1. President submits names.
2. The names of possible nominees are sent to the FBI for a background check. They also may be sent to the American Bar Association for a professional rating.
3. Interest groups may play a role in this process by protesting, advertising, or talking with their representatives.
4. The Senate Judiciary Committee holds public hearings on each Supreme Court nominee who then makes a recommendation to the full Senate.
139
Who and what are targets of lobbying?
Lobbyists are people who attempt to persuade policymakers to support the goals of an interest group. They usually target Congressmen, testifying before congressional committees. They also may meet with White House aides and other government officials. However, it is inappropriate for lobbyists to meet with federal judges regarding cases.
140
What does the Tenth Amendment state?
The powers not given to the federal government by the Constitution are left for the States.
141
What are unfunded mandates?
National laws that direct state or local governments to comply with federal rules or regulations (such as clean air or water standards) but contain little or no federal funding to defray the cost of meeting these requirements
142
Points to know about the voter turn-out rate
Voter turn-out rate in the United States is amongst the lowest of all industrialized countries.
143
Explain the significance of the Voting Rights Act of 1965.
- It eliminated voter registration requirements, such as literacy tests and residency requirements.
- It created federal oversight of elections that helped eliminate discriminatory mechanisms such as voter intimidation and ballot fraud that were used to keep minorities from voting.
- It eliminated the use of English-only ballots that prevented non-English-speakers from voting.
144
Points to know about the War Powers Resolution
- Passed by Congress to ensure congressional involvement in decisions committing military forces to hostile situations overseas
- In response to presidential actions during the Vietnam War
- The president must notify Congress within 48 hours of deploying troops
- The president must bring troops home from hostilities within 60 to 90 days unless Congress extends the time
145
Points to know about the Warren Court
- Eisenhower appointed Warren
- judicial activism
- liberal
- increased rights of criminal defendants
- voted that school segregation unconstitutional
- voted for no organized prayer in schools
146
What is the significance of the Ways and Means Committee?
The chief tax-writing committee of the U.S. House of Representatives. All bills regarding taxation must originate from the Ways and Means Committee.
147
What happens if no candidate earns majority of Electoral College vote?
The House of Representatives elects the President from the 3 Presidential candidates who received the most Electoral votes. Each state delegation has one vote. The Senate would elect the Vice President from the 2 Vice Presidential candidates with the most Electoral votes. Each Senator would cast one vote for Vice President. If the House of Representatives fails to elect a President by Inauguration Day, the Vice-President Elect serves as acting President until the deadlock is resolved in the House.
148
Points to know about the White House staff
- The White House Staff is made up of personnel who run the White House and advise the President.
- Includes the Chief of Staff and Press Secretary.
149
Who do voters directly elect?
Only members of the House and more recently the Senate following the passage of the 17th Amendment
150
Define "writ of certiorari."
A request for the Supreme Court to order up the records from a lower court to review the case.
151
What are the differences between political parties and interest groups?
- Political parties nominate candidates, contest elections and seek to gain control over government. In contrast, interest groups seek to support public officials and influence public policies.
- Political parties have positions on a wide range of public issues while interest groups focus on one specific issue.
- Political parties are public organizations that are accountable to their voters, whereas interest groups are private organizations held accountable to their members.
152
List major House & Senate differences in the legislative process.
- The House Rules Committee gives the bill a rule, placing it on the legislative calendar, allowing a specified times for debate and determining if any amendments will be allowed. The bill is debated and a vote is ultimately taken by the full House.
- Senate procedures permit members to speak on the floor as long as they fish.
- Filibusters only happen in the Senate and can be stopped only if 60 senators vote for cloture.
153
What is the difference between monetary and fiscal policy?
Monetary policy refers to the money supply and interest rates; the Federal Reserve Board is responsible for this. Fiscal policy refers to taxing and spending policies; both the executive and legislative branches share responsibility for fiscal policies.
