Midterm Flashcards
Why did the Articles of Confederation fail?
Didn’t allow tax collection
All states needed to amend constitution
No executive branch
No interstate commerce
No judicial branch
Why did the Founders fear demagogues?
Young nation = politically unstable, demagogue rise to power = large threat
Demagogues will not consult the interests of their country over their ambitious desires
They believed uniformly that some men, though elected by the people, would be temperamentally incapable of serving the public interest under the Constitution. Therefore, they offered Congress the remedy of impeachment and removal from office.
Executive Privilege
the ability of the president to bar documents from Congress or the public
Key indicators of Authoritarian Behavior (How Democracies Die)
- rejection of (or weak commitment to) democratic rules of the game
- denial of the legitimacy of political opponents
- toleration or encouragement of violence
- readiness to curtail civil liberties of opponents, including the media
what is a populist?
they are anti establishment politicians to claim to represent the voice of the people but wage war on what they depict as corrupt and conspiratorial elite, deny the legitimacy of established parties, tell voters the existing system has been corrupted or rigged, promise to return power to “the people”
How can party leaders keep authoritarians out of power?
“Distancing” and isolating extremist voices. When they enter as legitimate candidates they must agree to work together but hold the survival of democracy above all else
What were the constitution’s biggest compromises?
- Small states v. big states - representation? - bicameral legislature that emulated European systems BUT no “higher” or “lower” house, one favoring small states, one favoring large
Virginia v. New Jersey plans → Connecticut compromise
⅗ Compromise for slave representation - The election of the executive and other parts of the position
Veto is allowed but needs to have the possibility of override, electoral college instead of popular vote, term limits → four-year term to avoid monarchy - Commerce
Is America more a democracy or republic? Why?
Republic - the founders feared majoritarian rule which is the founding philosophy of democracy. We have elements of both but by simply having a representative system and a lack of practices like popular voting for the president, we are primarily a republic
The chartering of a Constitution that protects the minority = republic
What were two early tests of democracy in history? Did the nation pass them?
The election of 1800 → first time power was handed to the opposite party in a civil way, proved democracy was stronger than partisan interests
Alien and Sedition - defied all claims of liberty, subjective view on what is a “threat” or “malicious,” no gov’t criticism is allowed
What is judicial review and why is it important?
Established in Marbury v. Madison
Allows the federal court to determine the constitutionality and legitimacy of actions made by the executive and legislative branches
An important check/balance - prevents any branch from overstepping their power
What does the term, “legislative/executive interdependence” mean?
Checks and balances are complex by design, the legislative and executive branches cannot function without each other, the legislative makes and funds policy while the executive enforces it, legislation has to approve executive appointments, each branch retains its ability to control the actions of the other
What does the institutionalization of Congress mean and why was it necessary?
Describes the growth/development of Congress into a more complex, professional governing body over the years. As the country has grown over the years, the institutionalization of Congress was necessary.
When were the powers of committees at their height and when did the decline of committees importance begin? What happened to Howard Smith and why is he important?
Height: Late 1920s following Joseph Cannon’s Tenure as speaker.
- Thomas Reed established the House Rules Committee which Cannon later took advantage of to get the policies he favored onto the floor
- Canon became so powerful that Congress rebelled against the speakers and kicked him out, which is when the power shifted to committees.
- The decline of committees occurred years later, in 1972-74, Democratic reformists were tired of powerful chairmen as they felt they were not representative of Congress nor voters, so many chairs were thrown out, power went back to the Speaker
Describe power of Speaker versus committee chairs and committees through Pelosi.
Give examples when Congress tried to retake powers. Did Congress succeed? If not, why not?
- War Powers Act of 1973: reaction to Vietnam. It checked and limit the power of the president by requiring him to notify Congress within 48 hours of sending troops into a hostile area –> has never been successfully employed
- tried again in 2001-2002 in Iraq, Afghanistan, Syria, Libya
How has Congress changed?
- 1789 - small gov’t
no committees, philosophy was gov’t should do as little as possible - Today: Not just reps. and senators
8500 house staffers, 4800 senate staffers
17 senate committees 70 subcommittees, 23 house committees 104 subcommittees
Agencies like the CBO, CRS, GAO
How have the powers of Speakers and chairs changed over time?
Has changed over history of who has more influence
Today speakers are powerful and chairs are weak
Committees generally have more expertise
What are some Pros and Cons of Institutionalization of Congress?
Pros:
- maintain connections with constituents through increased number of staff
- established committees within Congress, allowing for more specialization and attention to different issues
Cons:
- Congress full of professional politicians who may care more about maintaining power/fame rather than serving their country
- more complex, vast, bureaucratic institution, therefore making it less efficient
- more polarized
Why are the jobs of party leaders more difficult today than 50 years ago?
Congress is now a full time job
Parties are more ideologically different and much more diversity of thought within parties - compromise is difficult (freedom caucus v. Kevin McCarthy)
Trying to make party-wide goals and maintaining a good image
Collective action dilemma - How can leaders mobilize majorities to legislate for the public good when it is in the self-interest of lawmakers to focus on their own electoral needs? Free-riders
Speakers are incredibly powerful, they are typically reelected as long as their party controls the House. Recently, speaker elections are much more contentious in the House
What’s the difference in the ways in which Republicans and Democrats choose Committee Chairs? (SEE DAVIS CH.14)
Both tend to choose “middlemen” but Dems. tend to choose someone a little left of middle for the party and Republicans a little right
Dems give more importance to seniority, diversity (race, gender, etc.), and geographic location
Reps. give more importance to previous experience, party loyalty, and fundraising ability
What’s the conditional vote theory and how does it apply to the House of Representatives today?
Conditional Vote Theory: A strong, centralized leadership best suits a governing body when the members of one party share the same party views and the opposing party has different views.
The two parties have historically been more coherent, so we have seen recent Speakers act according to the conditional party government theory (more assertively).Now, however, the Republican Party is not unified and this theory does not apply.
Do you believe it’s better for Congress to have powerful Speakers or powerful committee chairs (no right answer!)
Powerful Speaker:
pros:
- provide strong leadership and direction (set agenda, prioritize bills)
- negotiate with senate and President to ensure bills get passed
- increase efficiency through regulating debate and streamlining bill process
cons:
- lack of bipartisan, favors party
- limited debate limits other perspectives, especially on minority side
Powerful Committee Chairs:
pros:
- expertise in areas they work may lead to more informed decisions/policy
- more influence on legislation
- strong chairs may work across party lines, lead to bipartisan compromise
cons:
- more power to many different chairs may slow the legislative process
Job of the House Speaker
Presiding officer of the House, certifying passed measures, administering oath of office, counting and declaring votes, appointing members to committees, second in line to the presidency
Elected by house members on 1st day of new congress every 2 years
Does not serve on committees and does not debate on the floor
Job of Majority Leader
Majority party selects leader every two years on 1st day of congress
Organizes legislative plans, schedules legislation to go to the house floor, consults with party members on legislation, works to advance the party
Usually does not serve on committees and does not debate on the floor
Job of Minority Leader
Minority party selects leader every two years on 1st day of congress
Is the leader of “loyal opposition” on the floor, minority counterpart to the Speaker
Speaks for the party and its platforms, protects the minority’s rights, nominates members to committees
Reactive → cannot put bills on the floor, in charge of reacting to legislation from the majority
Job of Party Whips
Elected by their parties at the start of a new Congress, 2 year terms
Assists party leadership, brings bills to the floor, maintains communication between party leadership and party members, influencing party members to vote a certain way
What are the two congresses?
Congress #1: Representative – constituents/local stuff (roads, bridges, social security, casework, etc) Congress #2: Lawmaker – based in Washington, national focus (advancing national/party agenda)
If you appease constituents locally, you can do whatever you want on the national level because they won’t be paying attention (“All politics are local” - Tip O’Neill)
What happened to moderate democrats and republicans?
Gerrymandering, redistricting, and rhetoric change have driven parties farther to the left and right
Moderates have no chance of winning primaries so they have no shot at the general election (only most radical voters come out to primaries)
Politics have become more national and voters care more about party rather than the actual candidate and their beliefs/goals
Why does it matter that we lost moderates?
It is incredibly difficult to reach consensus today
Bills do not get passed, infighting starts, gridlock continues
What’s the history of the filibuster and what’s the “nuclear option”?(Was using the nuclear option by Democrats in 2013 a mistake?)
In 2013, Harry Reid and the Democrats voted to change the rules to end the filibuster with a lower threshold for cabinet-level nominees and federal judges
Diminishing the nuclear option removes power from the minority
What does it mean to “fill the amendment tree”? (Why is it used and is it fair?)
Majority leaders fill the tree to introduce first- and second-degree amendments that block other senators from offering further amendments because the Senate cannot move on to another amendment without unanimous consent or overcoming a filibuster on the motion to put the other amendment before the body.
a process by which a certain number and type of amendments are offered under Senate precedents. Once these amendments are offered and the “tree is filled” no other amendments are allowed.
Prevents minority from getting any say
What is a hold and what are at least two reasons a Senator would put hold on a bill?
a hold is a parliamentary procedure permitted by the Standing Rules of the United States Senate which allows one or more Senators to prevent a motion from reaching a vote on the Senate floor.
Can lead to serious delays and even bill death
Holds can give a senator political leverage
Informational hold → senator wants more debate for clarification
What are two of the most famous Senate investigations?
Watergate - investigated the break-in at the Democratic National Committee headquarters and lead to the resignation of President Nixon
McCarthy Hearings - Sen. Joseph McCarthy led investigations into the alleged communist infiltration of the US government, led to the term ‘McCarthyism’ after aggressive hearings. Defining moment during hearing: tried to go after a junior lawyer, turning point and his downfall, censored by his colleagues
Iran-Contra Affair (1987): The Senate’s investigation into the Iran-Contra Affair revealed the Reagan administration’s secret arms sales to Iran and the diversion of funds to Contra rebels in Nicaragua.
5 ways the Senate operates differently than the House
- Filibuster → needs 60 votes to overturn
- Unlimited debate by any senator → 60 votes needed to stop debate and pass legislation, they can talk as long as they want
- Non-germane amendments in order → unrelated amendments can be added to any bill on any topic
- Majority leader first right of recognition → they can bring or block items going to the floor, what gives the ML so much power
- Use of unanimous consent to pass most legislation → 90% of bills passed through senate pass unanimously
History of the filibuster and cloture
Until 1917, no way to cut off debate (no cloture)
Filibusters were rare so there was less need
1917 → senate rule requires ⅔ vote to cut off debate (impose the cloture)
1975 → senate changed rules to require ⅗ (60 senators) present and voting to impose cloture
Senators were frustrated after civil rights filibusters, ⅔ was too hard to achieve
What is the fundamental difference between how the House works and how the Senate works?
Senators can speak for as long as they want, representatives cannot
You can do literally anything with a majority rule in the House, much more minority protection in the Senate (minority can do almost nothing in the House)
The house speaker is the most powerful parliamentary leader (potentially in the world)
Decides chairs, decides which bills go to the floor and which die, controls entire operation of the house
How does the majority exercise control in the House?
Majority has a majority on every legislative committee and every chair is a majority member
Determines ratio of dems and reps in every committee
Absolute floor control
No bill/amendment gets to floor vote unless majority supports
Rules committee domination
Majority has twice as much staff as the minority