Module 1 Flashcards
Loose Construction
Interpretation of the Constitution allowing federal government to do what’s necessary and proper
Elastic Clause
Article 1, Section 8 of Constitution allowing Congress to make all laws that are “necessary and proper” to carry out the powers of the Constitution
McCulloch v. Maryland (1819)
Established Congress’ authority to create a national bank and established the doctrine of implied powers
Implied Powers
Inferred from delegated powers, not explicitly stated
Delegated Powers
Powers specifically assigned to the national government
Inherent Powers
Integral powers to national sovereignty, i.e. declaring war, conscription
Enumerated Powers
Congressional powers specifically stated in the Constitution
- Power to impeach
- Power to regulate and discipline
- Habeas Corpus
- No Ex Post Facto Laws
- Power to establish post offices, coin money, taxation, and regulate interstate commerce
Power to Impeach
House can pass accusation.
Senate tries impeachments
Power to Regulate & Discipline
Includes power of expulsion from Congress (2/3rds vote) and censure
Habeas Corpus
Right for a person to be brought before a judge to be explained the charges laid against them.
Cannot be suspended except during wartime or insurrection.
Ex Post Facto Law
Making an act illegal after it has already been performed
Impossible for Congress to do
Article 1, Section 8
Gives Congress ability to:
- tax
- establish post offices
- coin money
- regulate interstate commerce
Article 1, Section 7
Gives Congress power to raise revenue.
Bills to do so must start in the House
Income Tax
Tax levied on income
Payroll Tax
Flat tax matched by employers for Social Security and Medicare
Sales Tax
State and local level, not federal
Sin Tax
Levied on items such as alcohol and tobacco
Estate Tax
Levied on property after death
Deficit/Public Debt
Government spending exceeds government revenues
Budget Process
1) President submits budget for each fiscal year (Oct. 1 - Sep. 30)
2) Congressional Budget Office manages the budget process
Gramm-Rudman Act (1984)
Aimed to reduce the national debt
Failed
Budget Enforcement Act (1990)
Defined mandatory and discretionary spending.
Introduced a pay-as-you-go system
Balanced Budget Act (1997)
Led to paying down deficit, resulted in budget surplus
House of Representatives
435 members
Population proportional representation by state
Speaker of the House
Selected by majority party in the House of Representatives.
2nd in line to presidency after VP
Whips
Keep party leader informed of party members’ thoughts on certain bills.
In charge of determining what the likely vote will be on controversial issues.
Both majority and minority parties of House & Senate elect a whip
Senate
100 members
2 senators per state
Vice President
President of the Senate
Casts tie-breaking votes
President Pro Tempore
Technically 3rd in line for the presidency after Speaker
Selected by majority party. Typically goes to longest serving member.
Largely honorific.
Permanent Committees
Assist in legislative duties, both chambers have ~20 each
Select Committees
Formed for temporary matters
Ways & Means Committee
Appropriates federal funding
House Rules Committee
Limits debate time, determines bill amendments
Appropriations Committee
Allocates federal funds
Armed Services, Judiciary, & Veteran’s Affairs Committees
Present in both chambers
Budget & Accounting Act
Requires President to submit a budget to Congress
Article 2 of the Constitution
Outlines the Executive Branch (President)
Presidential Requirements
- Born in the US
- At least 35 years old
- Takes oath of office
Dual Role of President
President is both Head of State & Commander in Chief
Electoral College
Group of people named by each state legislature to select the president and vice president
Presidential Powers
- Commander in Chief
- Pardons
- Foreign Policy
- Executive Orders
- Veto Power
- Executive Privilege
- Appointments
Commander in Chief
Citizen as head of armed forces
Presidential Pardons
Can grant pardons except in cases of impeachment
Foreign Policy
President can receive ambassadors, recognize foreign governments, and negotiate treaties (with Senate consent)
Executive Orders
Have the rule of law if courts do not override
Veto Power
President able to veto acts of Congress
Executive Privelage
President may withhold information from Congress, judiciary system, and general public
Appointments
President may choose members of cabinet, ambassadors, and federal judges (with Senate confirmation)
Presidential Term Limits
22nd Amendment (1951) limits presidents to 2 terms
Vice President
President of the Senate
Originally chosen by 2nd most Electoral College votes, changed by 12th Amendment
25th Amendment
Addresses Presidential succession and inability
25th Amendment, Section 1
VP becomes President upon death, removal, or resignation by President
25th Amendment, Section 2
President appoints new VP with Congressional approval
25th Amendment, Section 3
President can declare inability, VP acts as President
25th Amendment, Section 4
VP and majority of Cabinet can declare president’s inability
First Lady
- Wife of the President
- Advocates for President
- No Constitutional role
- Often takes on specific causes (Eleanor Roosevelt: UN Ambassador; Jackie Kennedy: White House Refurbishment; Hillary Clinton: Healthcare; Laura Bush: Childhood Literacy; Michelle Obama: Women’s Rights)
Bureaucracy
System of government where most decisions are made by state officials rather than elected representatives
Administrative Discretion
Ability of agencies to interpret the law and set new policy
Patronage
Awarding government jobs to political supporters
Pendleton Civil Service Act (1833)
Legislation that established a merit-based system for federal employment
Civil Service Exam
Exam required for certain government jobs to ensure merit-based hiring
Hatch Act (1939)
Legislation that restricted political activities of civil servants
General Schedule
Pay scale for federal employees, with 15 levels and 10 steps in each level
Great Depression
Economic crisis of 1930s, led to increased demand for social services
Office of War Information (1942)
Created by FDR during WWII, disbanded on 1945
Selective Service Administration
Agency responsible for keeping track of military eligibility
National Archives and Record Administration
Agency responsible for preserving important documents
Privatization
Turning government functions over to the private sector
US Postal Service
Government agency responsible for mail delivery
Deregulation
Reducing government regulations
Devolution
Transferring government functions to the states
Cabinet
Senior government officials chosen by the President to lead executive departments
Department of Homeland Security (2002)
Federal department created in response to the 9/11 attacks
Independent Executive Agencies
Agencies that report directly to the President but focus on specific tasks
Federal Reserve
Provides financial services and operates the nation’s payment systems
Environmental Protection Agency (EPA)
Agency focused on protecting the environment
Regulatory Agencies
Agencies that control the benefits and costs of industrialization
Securities & Exchange Commission (SEC)
Regulatory agency that oversees securities transactions
Interstate Commerce Commission (ICC)
Regulatory agency created to control the railroads
Government Corporations
Corporations established by the government to manage specific services (Amtrack)
iron Triangle
Relationship between congressional committees, interest groups, and the bureaucracy
Revolving Door
Movement of individuals between government positions and private sector lobbying
